The purpose of this district is to establish regulations and procedures for high-density and high-intensity multi-family structures and selected service uses. This district shall only be applied to properties within the Moraga Center Specific Plan Area, consistent with policies of the adopted specific plan. This district shall not be applied to properties which have an average predevelopment slope in excess of twenty (20) percent. Development projects within this district shall be subject to either the ministerial review process or the discretionary review process as provided for in this chapter.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 306, § 7(Exh. B, 5), 2-22-2023)

"Density bonus" means an increase in the established residential density in accordance with Government Code Section 65915 et seq.

"Dependent senior residential dwelling unit" means a "residential dwelling unit" without provisions for cooking within the unit, provided that one hundred (100) percent of the housing meets the requirements of Section 51.3 of the California Civil Code and that cooking and eating facilities are provided on site.

"Discretionary review process" means the review processes identified in MMC Chapters 8.72, 8.48 and 8.132, if applicable.

"Ministerial review process" means the review process identified in Section 8.34.080 of this chapter.

"Residential dwelling unit" means a building or area within a building that provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking, eating, and sanitation. A motor home, trailer, camper, dormitory room, motel or hotel room, suite or extended stay unit is not a residential dwelling unit.

"Senior citizen housing" means a project consisting of residential dwelling units designed for senior citizens as defined in Section 51.3 of the California Civil Code.

"Site" means the contiguous gross land area within the parcel or parcels on which housing development is located.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 306, § 7(Exh. B, 6), 2-22-2023)

In this district, each of the following uses is permitted by right:

A.

Residential dwelling units in accordance with the provisions of this chapter.

B.

Dependent senior residential dwelling units in accordance with the provisions of this chapter.

C.

Accessory structures and uses incidental to the dependent senior and residential dwelling units such as parking, laundry, dining, grooming, healthcare and recreation facilities for the exclusive use and enjoyment of the dependent senior and residential dwelling unit occupants and their guests;

D.

Supportive housing and transitional housing of the same type allowed in this district;

E.

Congregate care housing;

F.

Child day care center (family day care home only);

G.

Home occupations in conformance with Chapter 8.112;

H.

Pocket parks;

I.

Co-housing and the accessory structures and uses normally auxiliary to the structure; and

J.

Residential care facilities with six persons or fewer, employee housing with six persons or fewer, and group homes not requiring licensing by the State of California.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 248, § 5, 8-27-2014; Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 316, § 4, 6-25-2025

In this district, each of the following uses is permitted on the issuance of a conditional use permit:

A.

Up to five thousand (5,000) cumulative square feet per lot located in an area transitional to a commercial or office district of the following:

1.

Personal services, general;

2.

Personal services, improvement or instructional;

3.

Professional services.

B.

Sports recreation facility, (private, not organized and operated for profit; for use by residents of the neighborhood or subdivision where it is located;

C.

Park and outdoor recreational facility not organized and operated for profit;

D.

Licensed residential care facilities with seven or more occupants, other than congregate care housing; and

E.

A use which the planning commission has found to be consistent with the purpose of the district and compatible with surrounding existing uses.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 316, § 4, 6-25-2025)

A.

To the extent consistent with state law, and except as set forth in subsections below, the following density standards shall apply:

1.

The minimum density is sixteen (16) dwelling units per acre.

2.

In areas designated R-20, the maximum density is twenty (20) dwelling units per acre, exclusive of streets.

3.

In areas designated R-24, the maximum density is twenty-four (24) dwelling units per acre, exclusive of streets.

B.

The maximum allowable densities may be exceeded as follows:

1.

Through the application of state or local density bonuses, to the extent consistent with state and local law.

2.

Senior housing shall have a maximum density of thirty (30) residential dwelling units per acre plus an additional three dependent senior residential units per acre.

3.

The number of dependent senior residential units per acre allowed under Section 8.34.040(B)(2) may be increased by a ratio of three dependent senior residential dwelling units for each reduction of one residential dwelling unit per acre below the thirty (30) permitted, up to a maximum of nine such dependent senior residential dwelling units per acre.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 306, § 7(Exh. B, 7), 2-22-2023)

A.

No person shall develop, demolish, install, remove, or construct any improvement on any parcel within the R-20/R-24 district without a permit obtained pursuant to the specific provisions set forth in this chapter unless the activity is related to a legally existing nonconforming use in accordance with MMC Chapter 8.20. Nothing in this chapter shall be interpreted or applied to require the discontinuation of existing lawful uses on property in the R-20/R-24 district.

B.

Prior to the issuance of any permit, all required fees and/or deposits shall be paid.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 306, § 7(Exh. B, 8), 2-22-2023)

A.

All development shall meet or exceed the minimum requirements identified in the table below, to the extent consistent with state law:

B.

All development shall conform to the limits identified in the table below, to the extent consistent with state law:

C.

See Section 8.200.050 Moraga Center Design Requirements of the Moraga Municipal Code, and Chapter 11 of the Moraga Design Guidelines for other applicable standards

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 316, § 5, 6-25-2025)

A.

All development shall comply with the following requirements in addition to Chapter 8.200.050 Moraga Center Design Requirements:

1.

The lowest floor of all new residential structures, including basement areas, shall be located at an elevation that is at least two feet above the one hundred-year (one percent annual occurrence) base flood elevation in accordance with MMC Section 8.108.120(C)(1)(a).

2.

If a grading permit is required, it shall be in compliance with all provisions of Title 14 of the Moraga Municipal Code except Moraga Municipal Code Chapters 14.08, 14.12, and 14.16 and shall not be subject to discretionary review.

3.

All retaining walls, with the exception of building foundations, shall be no higher than five feet. If a fence is located within two feet of a retaining wall the combined retaining wall and fence height shall not exceed eight feet. There shall be no more than three new retaining walls running in the same direction located within fifty (50) feet of one another. The minimum distance between any two retaining walls is equal to the height of the wall and the area between the walls shall be planted.

4.

No grading shall result in a slope steeper than thirty-three (33) percent.

5.

Three-story building elements visible from public streets or public facilities shall be designed with varied setbacks, articulated exterior forms, or architectural features which add detail, including, but not limited to pitched roofs with dormer windows, parapet walls, etc.

6.

If development is proposed within five hundred (500) feet of a major scenic corridor as defined in Chapter 8.132:

a.

Building setbacks from the scenic corridor shall be varied in order to avoid creation of a walled effect, with the setback for third floor elements increased by fifty (50) percent above the minimum otherwise applicable in this district.

b.

Grading or earth-moving shall be designed and executed in such manner that final contours transition smoothly with the adjoining natural grade. Exposed finished slopes shall be planted with materials selected to minimize the potential for erosion and to provide for visual compatibility with adjoining ground covers.

c.

The number of access points to and from the scenic corridor shall be minimized consistent with traffic safety and project access and circulation needs.

d.

All parking required under Sections 8.34.060(A)(12)-(13) shall be provided onsite. Parking on the scenic corridor roadways shall be minimized.

e.

All existing trees shall be identified on the plans submitted by a licensed arborist, including the condition, size and species of the trees. Plans shall include measures to protect trees in good condition identified on the plans for preservation and mitigation measures, including but not limited to replacement. Placement of temporary construction fencing around the drip line of such trees shall be a condition.

7.

A minimum of two hundred (200) cubic feet of enclosed weather-proof and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided shall be provided for each unit other than a dependent senior residential dwelling unit.

8.

No exception to the regulations in Section 8.34.060 or 8.34.070 is allowed for any development project which is subject to the ministerial review process.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 293, § 3(Exh. A), 11-10-2020)

A.

All development projects located in R-24 designated areas shall be subject to review and approval as provided for in Section 8.34.080(B), except that a property owner may apply for an exchange from the ministerial review process to the discretionary review process in accordance with Article 2 of this chapter, provided however, that: (1) a minimum of 12.27 acres of land in the R-20/24 district shall remain subject to the ministerial review process; and (2) no property subject to the ministerial review process shall be located at an elevation above five hundred twenty-five (525) foot elevation. All development projects located in R-20 designated areas shall be subject to the discretionary review process.

B.

Application for Ministerial Review. All applications for a ministerial review permit shall include a completed application form and legible scaled drawings on paper measuring approximately twenty-four (24) inches by thirty-six (36) inches providing the following:

1.

A location map;

2.

A survey of the site including all property boundaries, rights-of-way and easements;

3.

A topographic survey of the site at a contour interval of two feet and indicating all drainage ways, riparian vegetation, and proposed grading;

4.

A site plan for the proposed development including all existing and proposed buildings, structures and coverage areas with setbacks and coverage calculations provided;

5.

A landscape and planting plan including vegetation species, size, location, spacing and irrigation as well as hardscape materials and coverage calculations;

6.

A plan identifying vehicular and pedestrian ways with grades, widths, and type of proposed improvements including but not limited to automobile and bicycle parking areas as well as benches, light fixtures and other such improvements;

7.

A plan identifying existing and proposed access to and egress from the site;

8.

A plan identifying existing and proposed utilities and surface drainage conditions and outlets;

9.

Complete building elevations, sections and floor plans including architectural style, exterior colors and materials, dimensions, area calculations, room names, and number of each type of dwelling unit;

10.

An exterior color and material palette that at a minimum includes a body, trim and accent color, and wall, window, door and roofing materials.

11.

A description of sustainable practices to be used in the development of the project, including how the development will comply with the town's green building requirements.

C.

Review, Approval and Changes in Approved Ministerial Review Approval Plans.

1.

Duty to Review. The planning director shall review each application for a ministerial review permit. The purpose of this review is to ensure that development is consistent with criteria adopted under this chapter.

2.

Public Notice. Written notice of the application for a ministerial review permit shall be mailed to all property owners and residents within three hundred (300) feet of the proposed project. Such notice shall be given not less than ten days before the date the application is scheduled for a decision by the planning director.

3.

Procedure for Review. The planning director shall approve an application for a ministerial review permit in an R-24 designated area if all of the requirements of this chapter have been satisfied. The planning director shall deny an application for any such permit if the requirements of this chapter have not been satisfied.

4.

Right to Appeal. Any interested person may appeal the decision of the planning director in accordance with the provisions of Moraga Municipal Code Chapter 8.12 Article 4. The appeal shall be limited to a consideration of whether the objective criteria in this chapter have been met. The appellant shall pay for all town costs associated with the notice and hearing on the appeal. However, if it is determined that the town made an improper decision with respect to the application, then the town shall pay its own costs to consider the appeal.

5.

Changes. When a ministerial review development plan has been approved it shall not thereafter be changed except with the further review and approval by the prior final approving body, which may require another public hearing under MMC Section 8.12.060.

D.

Notwithstanding any other provision of this Chapter, projects on the following parcels shall be subject to ministerial approval, provided that they do not require subdivision and include twenty (20) percent or more units affordable to lower income households, as required by Government Code 65583.2(c):

• APN 257-500-006

• APN 255-310-026, portion labeled Site D2 in 2023-2031 Housing Element

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 306, § 7(Exh. B, 9, 10), 2-22-2023; Ord. No. 316, § 3, 6-25-2025)

No variance from the requirements of this article shall be allowed for any project which is subject to the ministerial review process. For projects subject to the discretionary review process, a variance from the requirements of Sections 8.34.060 and 8.34.070 may be allowed in accordance with MMC Section 8.12.130.

(Ord. No. 227, § 1, 2-10-2010)

In this chapter unless the context otherwise requires, "exchange" means the application of the ministerial review process to a parcel otherwise subject to the discretionary review process, which shall require the application of the discretionary review process to a parcel of the same size and otherwise subject ministerial review process.

(Ord. No. 227, § 1, 2-10-2010)

An owner of an undeveloped parcel of land in an R-20 designated area may apply to develop such parcel subject to the ministerial review process, provided an undeveloped parcel of land of equal size in an R-24 designated [area] shall be made subject to the discretionary review process and all other requirements of this article shall be met. The exchange may occur between undeveloped parcels which are under different ownership or control.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 306, § 7(Exh. B, 11), 2-22-2023)

The minimum exchange area for any parcel or portion of a parcel that is subject to an exchange is three (3) acres.

(Ord. No. 227, § 1, 2-10-2010)

In the event that an exchange would result in portions of a single parcel being subject to the ministerial review process while other portions would be subject to the discretionary review process, the owner of such parcel may concurrently apply for a lot line adjustment or lot split in order to avoid the application of more than one code provision to any such parcel. No fees, dedications or other exactions shall be imposed as a condition of approval for such lot line adjustment or lot split application other than as may be necessary to comply with applicable law. No code provisions such as setback requirements or design guidelines such as coverage requirements shall be violated in the approval of any lot line adjustment or lot split.

(Ord. No. 227, § 1, 2-10-2010)

The exchange process is initiated by an application by the owners of the parcels proposed for an exchange pursuant to this article.

(Ord. No. 227, § 1, 2-10-2010)

Before approving the exchange, the planning director must find that:

A.

One parcel is located in R-24 and the other parcel is located in R-20.

B.

The exchange parcels are of equal area and do not contain any buildings or structures.

C.

The minimum area of any affected parcel including parcels involved in lot line adjustments or lot splits is three (3) acres and has a minimum average width of two hundred (200) feet and minimum average depth of two hundred (200) feet.

D.

No property subject to the ministerial review process shall be located at an elevation above the 525-foot elevation.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 306, § 7(Exh. B, 12), 2-22-2023)

A.

The owners of the exchange parcels shall submit for approval by the planning director and town attorney copies of exchange instruments in a form acceptable to the town and otherwise legally sufficient to effect an exchange.

B.

A notice of the requirements for development of each parcel subject to an exchange pursuant to this chapter shall be recorded in the office of the county recorder. The notice shall be in the form prescribed by the town.

(Ord. No. 227, § 1, 2-10-2010)

All costs associated with the processing, consideration, approval and recordation of the exchange shall be paid by the applicants.

(Ord. No. 227, § 1, 2-10-2010)