The purpose and intent of this chapter is to guide certain redevelopment and use of existing multi-tenant commercial and retail centers zoned Community Commercial, Rheem Park Mixed Commercial-Residential, and Rheem Park Mixed Office-Residential by providing an application process limited to allowing: (a) expansions, modifications, upgrades, and re-tenanting of existing uses and structures; and (b) modifications to the development standards for such uses and structures. The PD-C zoning designation is intended to encourage the revitalization of Moraga's existing commercial districts, by providing flexibility in land use and development standards within existing multi-tenant commercial centers and facilitating planning for appropriate uses in a coordinated manner. The PD-C zoning designation is further intended to reflect the unique conditions of designated properties and conform to the requirements and intent of the general plan, this Code and all other applicable plans and guidelines.

(Ord. No. 273, § 2, 11-8-2017; Ord. No. 307, § 6(Exh. B, 4), 2-22-2023)

Editor's note— Ord. No. 293, § 3(Exh. A), adopted November 10, 2020, repealed § 8.50.020, which pertained to definitions and derived from Ord. No. 273, § 2, adopted November 8, 2017.

This chapter is only applicable to rezoning of property located in the Community Commercial, Rheem Park Mixed Commercial-Residential, and Rheem Park Mixed Office-Residential Districts to permit new and replacement uses, and limited modification of buildings, structures, and landscaping within existing multi-tenant commercial and retail centers. Further, applicability of this chapter shall be limited to sites of at least two acres in size, though each such site may be made up of multiple contiguous properties in different ownership. This chapter shall not be used to process rezoning applications for any of the following:

A.

Property located in any zoning district other than Community Commercial, Rheem Park Mixed Commercial-Residential, and Rheem Park Mixed Office-Residential, or Planned Development-Commercial (PD-C);

B.

A rezone that proposes development of any use required to be prohibited by Section 8.50.060(B);

C.

A project that proposes the addition of new floor area beyond the limits set forth in Section 8.50.060(D), or that would demolish any building or portion of a building, beyond the limits set forth in Section 8.50.060(E); or

D.

A project that proposes any substantial modifications to the existing layout and vehicular circulation of any property, such as the creation of new road connections to adjacent public or private streets, or a substantial reconfiguration or relocation of major internal roadways.

Projects that propose zoning or other modifications beyond the scope of this chapter shall be considered under the rezoning provisions in Chapter 8.12, or the planned development district provisions in Chapter 8.48 of this Code.

(Ord. No. 273, § 2, 11-8-2017; Ord. No. 307, § 6(Exh. B, 4), 2-22-2023)

A.

Application. Any application for a rezoning or amendment to a PD-C district shall be filed by the property owner(s), or their authorized representative(s). The application shall include an application fee or deposit as established by council resolution, and the information set forth in Section 8.50.050 below. Except as may be otherwise set forth in this chapter, applications shall be processed as set forth in Chapter 8.12, Administrative Procedure, of this Code.

B.

PD-C Plan. The application shall include a site and development plan, referred to as the PD-C plan, which shall be consistent with the requirements set forth in Section 8.50.050, and which shall conform to the limitations set forth in Section 8.50.030 above, the standards set forth in Section 8.50.060 below, and the implementation procedures set forth in Section 8.50.070 below.

C.

Application Review. Applications that do not include the required information set forth in Section 8.50.050 shall be deemed incomplete.

D.

Planning Commission. The planning commission shall hold a noticed public hearing to consider the application. The commission shall recommend to the town council approval, approval subject to conditions, or disapproval of the application.

E.

Town Council. The town council shall hold a noticed public hearing to consider the application and the commission's recommendation in light of the requirements of this chapter. The council shall approve the application, approve the application subject to conditions, or deny the application.

F.

Amendment of a PD-C.

1.

Amendment Process. Amendments to an approved and adopted PD-C plan may be proposed by an applicant at any time in accordance with the provisions of this Section 8.50.040. Proposed amendments that are consistent with Section 8.50.030 shall be considered by the planning commission at a public hearing using the same process and standards applicable to reviewing applications under this chapter. The commission shall make a recommendation regarding the proposed amendment(s) to the council for approval, approval subject to conditions, or denial.

2.

Amendment of PD-C Boundaries.

a.

The boundaries of an approved PD-C may be amended as set forth in Section 8.50.040(F)(1) to include additional properties. Each such additional property(ies) shall be contiguous to the approved PD-C (unless the boundaries of the approved PD-C are being amended to include a group of properties which are contiguous to each other, in which case the group of properties when viewed as a whole must be contiguous to the approved PD-C) and they shall each meet the criteria set forth in Section 8.50.030, except that the minimum site size requirement shall not apply.

b.

The boundaries of an approved PD-C may not be amended to reduce the overall acreage of the PD-C to less than two acres.

(Ord. No. 273, § 2, 11-8-2017)

A.

Required Information. The application shall include the information set forth in this Section 8.50.050, in addition to any other information required by the PD-C application form. The planning director may waive the requirement for any of the items listed below, if he or she determines such information is unnecessary based on the scope or nature of the application.

B.

Statement of project objectives and how the rezone will fulfill the objectives.

C.

Identification of all property(ies) to be covered by the proposed PD-C district and a copy of each PD-C plan(s), if any, previously approved for such properties.

D.

Description of how the proposed rezone meets the applicability requirements set forth in Section 8.50.030 above.

E.

Proposed site and building modifications, which may include but are not necessarily limited to modifications to existing structures, vehicular, pedestrian and bicycle circulation, parking, and landscaping and site plan, as applicable.

F.

A PD-C plan that includes the following:

1.

A site plan or plans showing, at a minimum, existing and proposed location of buildings, parking, vehicular and non-vehicular circulation and facilities, parking, and landscape areas;

2.

List of proposed permitted uses, conditionally permitted uses, prohibited uses, and any accessory uses;

3.

Existing and proposed development standards, including without limitation, and as applicable:

a.

Minimum lot size, lot width, setbacks, and building separation;

b.

Maximum coverage or floor area ratio;

c.

Maximum stories and building height; and

d.

Vehicle and/or bicycle parking standards or requirements;

4.

Landscaping, fencing and lighting requirements;

5.

A master sign program, if any, which shall be consistent with the requirements of Chapter 8.88, except that such master sign program shall be processed in accordance with the procedures set forth in this chapter, concurrent with the PD-C review and approval process.

6.

Proposed design standards and guidelines, such as those related to building form or materials, windows and exterior façade treatments, or color palettes, if any;

7.

Proposed operational standards, including hours of operation; and

8.

Any additional information, reasonably determined by the planning director to be necessary to process the application, such as visual simulations or renderings designed to demonstrate compliance with applicable guidelines for preservation of views and viewsheds along scenic corridors.

(Ord. No. 273, § 2, 11-8-2017)

Any application for a PD-C rezone, or amendment thereto, and accompanying PD-C plan, shall meet the following standards:

A.

The PD-C plan shall include a list of permitted and conditionally-permitted uses, as well as any accessory uses thereto. The following types of uses may be proposed as either permitted or conditionally permitted uses in a PD-C plan, subject to the review process set forth in Section 8.50.040:

1.

General retail/food, grocery, pharmacy, entertainment and personal and other service uses, such as retail stores, salons, dry cleaners, convenience stores, banks and other financial institutions, ATMs, galleries, theaters, health and fitness studios, recreation and/or sports training centers;

2.

Gas stations and automotive services and repair;

3.

Schools and preschools;

4.

Business, medical, and administrative offices and services;

5.

Restaurants and food and beverage businesses;

6.

Light industrial and manufacturing uses such as cabinet and sheet metal shops, apparel manufacturing, arts and crafts, food and beverage production and packaging, and electronics;

7.

Retail, restaurant, service and office uses, similar to those described in this Section 8.50.060(A);

8.

Residential uses within a mixed-use building, provided such residential uses are not located on the ground floor;

9.

Wireless facilities, subject to the review process set forth in Chapter 8.144 of this Code and applicable federal requirements; and

10.

Other comparable uses similar and no more detrimental to the town than the above, as determined through the review process set forth herein.

B.

The PD-C plan shall include a list of prohibited uses. At a minimum, the list shall include the following uses as prohibited within any PD-C district:

1.

Agricultural or heavy industrial uses;

2.

Payday lending establishments;

3.

Pawn shops;

4.

Adult (sex-oriented) businesses;

5.

Medical and/or non-medical cannabis facilities as defined in Chapter 8.160;

6.

Firearms stores; and

7.

Tobacco stores.

C.

The maximum height of any building or structure shall comply with the following standards:

1.

The maximum height of any building or structure, as measured from the pre-existing grade to the highest point of the roof, shall be no greater than thirty-five (35) feet.

2.

The maximum height of a single-story building shall be twenty-eight (28) feet. Exceptions to this standard may be granted permitting maximum heights up to thirty-five (35) feet (unless additional limitations are stated), subject to design review board approval, for the following:

a.

Appurtenant building elements, such as mechanical penthouses and roof mounted equipment; mechanical heating and cooling equipment; flag poles; stair enclosures; and chimneys (and associated screening walls or enclosures);

b.

Decorative architectural elements, such as towers, cupolas, and entry features, provided that such element(s) do not occupy more than twenty (20) percent of the total roof area of the structure upon which they are located; and

c.

Parapet walls, which may extend up to four feet above the allowable twenty-eight (28) foot height limit.

3.

Height limits for antennas and wireless communication facilities shall be in accordance with the standards set forth in Chapter 8.144.

D.

Aggregate floor area within the PD-C may be increased by no more than fifteen (15) percent of the total existing floor area therein, based on the floor area existing at the time of a PD-C rezone application. This maximum may be reduced, and/or additional limitations on expansion of individual buildings (as defined in Section 8.50.020) established, in an approved PD-C plan through the review and approval process.

E.

No PD-C plan shall allow for the demolition of more than ten thousand (10,000) square feet in aggregate, of any building(s) or portion(s) of a building(s). Exceptions may be provided, and/or additional limitations established in an approved PD-C plan through the review and approval process, based on considerations such as the following:

1.

Exceptions for demolition determined necessary for the upgrade/reconstruction of a building in order to meet state or local Building Code requirements;

2.

Exceptions for demolition explicitly authorized in a PD-C plan to accommodate a proposed building replacement or upgrade that is otherwise consistent with the purpose, intent and standards set forth in this chapter; and

3.

Limitations on demolitions may be provided through the town's review and approval process where preservation of a building is necessary to maintain the integrity of an historic or potentially historic resource.

(Ord. No. 273, § 2, 11-8-2017)

Upon approval of a rezoning to PD-C and approval of a PD-C plan, the following requirements shall apply to subsequent development or construction within the approved PD-C, which requirements shall be explicitly set forth in the approved rezone or PD-C plan:

A.

Exterior and interior building modifications and construction of new buildings and structures shall remain subject to the town's design review, building permit and other approval requirements as applicable, except as explicitly referenced and modified in an approved PD-C to allow for administrative design review, or an alternative review process, of modifications to existing buildings and other structures in accordance with design standards approved as part of the PD-C.

B.

Upon approval of a PD-C plan, permitted uses identified therein shall be allowed as a matter of right, and conditionally permitted uses identified therein shall be allowed subject to procedures set forth in Chapter 8.12 of this Code, or according to an alternative review process approved as part of the PD-C plan.

C.

Applications for wireless facilities shall be processed in accordance with Chapter 8.144 of this Code and applicable requirements of the Federal Telecommunications Act.

D.

Subsequent applications for signs and outdoor advertising shall be processed in accordance with Chapter 8.88 of this Code, except where there is an approved master sign program (MSP) for the property, in which case the standards of the approved MSP shall apply.

E.

Unless otherwise explicitly referenced, identified and addressed in the proposed PD-C plan, the provisions of this Code and associated commercial or mixed use districts shall govern the newly created PD-C district. The PD-C plan may identify other alternative review processes that deviate in minor ways from the procedures set forth in this chapter to be followed during subsequent implementation of the plan.

(Ord. No. 273, § 2, 11-8-2017; Ord. No. 307, § 6(Exh. B, 5), 2-22-2023)

Each of the following findings is required in order to approve a rezoning to PD-C and approval of the corresponding PD-C plan, or any proposed amendment thereof:

A.

The rezone is consistent with the applicable intent, goals, policies, general land uses, standards, guidelines, and programs specified in the general plan, the city design guidelines, the Moraga center specific plan where applicable, and all other applicable specific plan(s), ordinances and guidelines.

B.

The rezone is generally compatible with the uses authorized in, and the regulations prescribed for the Community Commercial, Rheem Park Mixed Commercial-Residential, and Rheem Park Mixed Office-Residential district, as appropriate.

C.

A community need or benefit is demonstrated for the proposed rezone.

D.

The rezone will be in conformity with public convenience, general welfare and good zoning practice.

E.

The rezone is generally compatible with surrounding uses.

F.

The PD-C plan meets the requirements of this chapter, including Section 8.50.050, and is incorporated in the PD-C rezone.

G.

The proposed uses and their operation will not generate unmitigated new sources or increased levels of exterior glare, noise, odor, light, dust, smoke, or fumes, or have other characteristics, in a manner likely to interfere with the use and enjoyment of neighboring properties.

H.

The proposed PD-C district will not have a negative impact on surrounding development, historic resources or sensitive environmental resources, or conflict with the scenic corridor guidelines set forth in Chapter 8.132.

(Ord. No. 273, § 2, 11-8-2017; Ord. No. 307, § 6(Exh. B, 6), 2-22-2023)

A PD-C district shall be noted on the zoning map by the PD-C designation, followed by the given district number, such as PD-C-1.

(Ord. No. 273, § 2, 11-8-2017)