The council finds that applying flexible regulations to a large scale integrated development provides an opportunity for cohesive design while applying conventional regulation designed for individual lot development can result in a monotonous and stultified neighborhood. The planned development district is intended to allow diversification in the relationship of uses, building structures, lot sizes and open spaces while ensuring compliance with the general plan and the intent of this code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare.

The council further finds that in order to carry out the general plan, all parcels of a size of ten (10) acres or more shall be classified to this land use designation.

(Prior code § 8-3601)

Except in the MOSO open space district any land use may be authorized if it is in harmony with other authorized uses and serves to fulfill the function of the planned development district while complying with the general plan.

(Ord. 173 § 2, 1998; prior code § 8-3602)

A.

Each parcel of land ten (10) acres in size or greater shall be classified planned development district.

B.

A parcel of land less than ten (10) acres may be classified to a planned development district if it is of sufficient size to be planned and developed in a manner consistent with this chapter and the purposes and intent of the general plan.

(Prior code § 8-3603)

A.

When the planned development district consists of single-family residential use, it shall be designated (depending upon the density applicable to it) either:

1.

R-R-PD

2.

N-OS-PD;

3.

1-PD;

4.

2-PD;

5.

3-PD;

6.

6-PD.

7.

10-PD, as to the Rheem Park Specific Plan Area as defined in the General Plan (RP)

8.

12-PD-MC, as to the Moraga Center Specific Plan Area as defined in the General Plan (MC)

B.

Except as provided in subsection D of this section the minimum lot sizes shall be as designated on the following table:

1 Any Planned Development District.

2 Except for condominium development as provided in Section 8.32.060(C).

3 Applies to properties in the Rheem Park Specific Plan area only.

4 For detached single-family residences.

5 Applies to properties in the Moraga Center Specific Plan area only.

C.

The single-family residential development shall consist of detached structures except as follows:

1.

Where the land use classification permits two dwelling units per acre or three dwelling units per acre, up to ten (10) percent of the units may be clustered in building groups of not more than three units each on lots less than ten thousand (10,000) square feet.

2.

Where the land use classification permits three dwelling units per acre, the limitation in subsection (C)(1) of this section as to the percent of clustered units and the number of units in a building group may be exceeded if the development is on land contiguous to an existing commercial or multiple residential developed area and the reviewing authority finds that the design is compatible with that existing contiguous development.

D.

The size of lots in a planned development district designated R-R-PD, 1-PD or 2-PD may be varied as follows so long as the aggregate density does not exceed the total allowable density:

E.

Where density transfer or density bonus is not applicable, any percentage category may be increased by no more than twenty (20) percent of the specific percentage listed above with the approval of the town so long as the total allowable lots are not increased in the aggregate.

F.

Additional ten thousand (10,000) square feet or larger lots may be allowed beyond the percentages listed in the table to accommodate density transfer or a density bonus.

G.

The minima for the lot width, lot depth and front, side and rear setbacks for each single-family residential parcel within a planned development district shall be the same minima for a single-family residential parcel specified in Chapter 8.28 having a corresponding minimum parcel size. However, these minima may be varied as provided in Section 8.48.060.

H.

Notwithstanding any other provision of this section, the minimum lot size for the Rancho Laguna II Project shall be no less than fifteen thousand (15,000) square feet because the overall project includes outdoor recreational facilities (public trails) approved by the town with guaranteed permanent access to the general public.

(Ord. 173 §§ 3, 4, 1998; prior code § 8-3604)

(Ord. No. 247, § 1, 6-25-2014; Ord. No. 250, § 2, 10-8-2014; Ord. No. 252, § 2, 5-27-2015; Ord. No. 309, § 5(Exh. B, 2), 5-10-2023)

The density of land designated on the general plan as "public open space" which is zoned to the planned development district shall be determined by the use of density transfer and the planned development district process.

(Prior code § 8-3605)

(Ord. No. 309, § 5(Exh. B, 3), 5-10-2023)

A.

The planning commission shall adopt development standards for the project including but not limited to area, coverage, density, building design and arrangement, setbacks, parking, circulation, access, lighting, fencing, landscaping and screening which the planning commission finds are most appropriate for the use or uses proposed and which are consistent with the general plan and town of Moraga design guidelines. These standards shall be prescribed as a part of the development plan approval process.

B.

In adopting the development standards as provided in subsection A of this section, the authority to do so shall be used only so as to be consistent with the intent of the general plan to permit remaining land holdings to be developed primarily as conventional detached single-family subdivisions.

(Prior code § 8-3606)

(Ord. No. 250, § 3, 10-8-2014)

Each parcel which is greater than ten (10) acres in size shall be zoned planned development district. However, where the parcel proposed for planned development district is less than ten (10) acres in size, it may not be zoned until the planning commission approves a conceptual development plan as provided in Section 8.48.100.

After the effective date of the ordinance zoning land to the planned development district, no grading, land clearing, construction or other alteration of the property may take place until all stages of the development plan procedure are complete and such activity is in accordance with the precise development plan.

(Prior code § 8-3607)

There are three stages of development plan approval in the planned development district:

A.

Conceptual development plan;

B.

General development plan;

C.

Precise development plan.

(Prior code § 8-3608)

A.

The first development stage in the planned development district procedure is approval of a conceptual development plan.

B.

The applicant shall submit a proposed conceptual development plan for approval. The proposed conceptual development plan shall include the following information presented in the form of textual material and a general schematics:

1.

Existing topography and anticipated grading:

2.

Land uses, building intensities, residential density analysis and estimated population;

3.

Circulation pattern for vehicular and pedestrian ways and its relation to public and private streets;

4.

Parks, playgrounds, trails, school sites and other open spaces;

5.

Conceptual drawings showing the architectural design theme proposed for the buildings;

6.

Delineation of the units to be constructed in progression, if any;

7.

Relation of the use to future land use in the surrounding area;

8.

An analysis of the project in relation to the general plan;

9.

A preliminary evaluation of the public economic costs associated with the project;

10.

A preliminary evaluation of the impact on off and on-site public services and facilities.

C.

Notice shall be given and the planning commission shall hold public hearings upon the conceptual development plan in the same manner followed for the zoning of the land to the planned development district. In the case of a parcel of land less than ten (10) acres, the process for conceptual development plan approval and rezoning shall be conducted together.

D.

An appeal from the planning commission decision may be taken to the town council in accordance with the procedure for appeal from a planning commission decision upon an application for a conditional use permit. If no appeal is taken the decision of the planning commission is final.

(Prior code § 8-3609)

A.

General. To approve a conceptual development plan the planning commission must find that:

1.

The total development and each unit of development can exist as an independent unit, capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that this objective will be attained and that the uses proposed will not be detrimental to present and potential surrounding uses;

2.

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the development;

3.

Development other than single-family residential can be properly justified and is consistent with the general plan;

4.

Any proposed exception from standard ordinance requirements is warranted by the design and amenities incorporated in the conceptual development plan, in accord with adopted policy of the planning commission and town council;

5.

The development conforms with the general plan; and

6.

Existing or proposed utility services will be adequate for the population densities proposed.

B.

Hillside Projects. To approve a conceptual development plan for any development that meets the requirements of Section 8.136.020 (Applicability) in Chapter 8.136 (Hillside Development) of the Municipal Code, the reviewing authority shall make all of the findings in Municipal Code Section 8.136.050 (Findings for Approval) in addition to the findings in Section 8.48.100.A.

C.

Moraga Center Specific Plan Area Projects. To approve a conceptual development plan for any development that occurs within the Moraga Center Specific Plan area, the reviewing authority shall make the finding that the conceptual development plan meets all applicable requirements of the Moraga Center Specific Plan.

(Prior code § 8-3610)

(Ord. No. 277, § 2, 4-25-2018; Ord. No. 293, § 3(Exh. A), 11-10-2020)

A.

The second development stage in the planned development district procedure is approval of the general development plan.

B.

The applicant shall file a general development plan for approval. The general development plan shall include:

1.

A sepia map with ten (10) prints of a survey of the property, including specimen trees and tree masses, structures, streets, easements, utility lines, and land use;

2.

A sepia map with ten (10) prints of a general development plan in conformity with the approved conceptual plan showing the appropriate information from the conceptual development plan and the approximate location and proposed density of dwelling units, non-residential building intensity, and land use considered suitable for adjacent property;

3.

A schedule for the development of units to be constructed in progression;

4.

A description of the design principles for buildings and streetscapes;

5.

Number of acres in the project, the percent designated for various uses, the number of dwelling units proposed by type of dwelling, estimated residential population by type of dwelling;

6.

Estimated nonresidential population;

7.

Economic justification for nonresidential uses;

8.

Standards for height, open space, building intensity, population density, and public improvements proposed for each unit of development;

9.

If appropriate, information necessary for evaluation and assignment of fire zone designations, including type of construction, building height and area, proposed distances between buildings and distances to property lines;

10.

Evidence that the applicant has sufficient control over the land to carry out the proposed plan;

11.

Engineering feasibility studies;

12.

Any additional information or drawings which may be required by the planning commission.

C.

The general development plan shall be submitted to the planning commission for approval in accordance with the procedure required for issuance of a conditional use permit. The planning commission shall approve, approve with conditions or disapprove the general development plan.

D.

The application for approval of a tentative subdivision may be together with the general development plan.

E.

An appeal from the planning commission decision may be taken to the town council in accordance with the procedure for appeal from a planning commission decision upon an application for a conditional use permit. If no appeal is taken the decision of the planning commission is final.

F.

The general development plan may be modified by submitting an application for modification according to the same procedure required in the initial review and approval of the general development plan. An application for modification may be approved only after it has been found that it does not deviate from the intent and purpose of the district and the conceptual development plan as approved.

(Prior code § 8-3611)

A.

The third development stage in the planned development district is approval of the precise development plan.

B.

The applicant shall file a precise development plan with the planning director for approval. The precise development plan shall include:

1.

A site plan, showing each building, functional use areas, circulation and their relationship;

2.

Preliminary building plans, including floor plans and exterior elevations;

3.

Landscaping plans;

4.

Engineering plans, including site grading, street improvements, drainage and public utility extensions.

C.

The planning director shall refer the precise development plan to the planning commission together with recommendations by any other component member of the planning agency. The planning commission shall review the precise development plan and shall approve, approve with condition or disapprove. The action of the planning commission is final unless appealed to the town council.

D.

An appeal from the planning commission decision may be taken to the town council in accordance with the procedure for appeal of a planning commission decision upon an application for a conditional use permit. If no appeal is taken the decision of the planning commission is final.

(Prior code § 8-3612)

The reviewing body may impose such terms, conditions and requirements to the approval of each development plan as it finds necessary to carry out the purpose and intent of the planned development district, to guarantee the preservation of open space and to ensure the accomplishment at scheduled times of the public improvements.

(Prior code § 8-3613)

Unless provision is made in the approved conceptual, general or precise development plan for change without approval by the reviewing body, a change may be made only by following the procedure required for initial review and approval. However, the planning director may make minor changes pertaining to siting which are in accord with the intent of the previously approved development plans. The planning director may refer minor changes he/she proposes to make to the planning commission.

(Prior code § 8-3614)

(Ord. No. 287, § 8, 2-26-2020)

A building permit for an unauthorized use in the planned development district may be issued only after the applicant has obtained approval of each stage of the development plan process and has met the other requirements of this code and state law governing the issuance of a building permit.

(Prior code § 8-3615)