The purpose of this district is to identify and regulate when appropriate, lands that are in public ownership or are subject to an open space easement, development rights dedication or other enforceable restriction that regulates the use of the property from being utilized as other lands in private ownership. The district may also be used to identify and regulate residual parcels and those non-MOSO open space lands that have low development capability and are characterized by such factors as steep slopes, unstable soils, fault zones or high visibility.

(Ord. 173 § 1 (part), 1998: prior code § 8-3801)

"Centerline" or "crest of a ridge" shall have the definition set forth in Section 8.04.020.

(Ord. 173 § 1 (part), 1998: prior code § 8-3802)

(Ord. No. 277, § 2, 4-25-2018)

Agriculture.

(Ord. 173 § 1 (part), 1998: prior code § 8-3803)

(Ord. No. 293, § 3(Exh. A), 11-10-2020)

Each of the following uses is permitted on the issuance of a conditional use permit in this district:

A.

Single-family residential dwelling (including accessory buildings and structures);

B.

Park and outdoor recreational facility; and

C.

Schools (college, university [private only]).

(Ord. 173 § 1 (part), 1998: prior code § 8-3804)

(Ord. No. 293, § 3(Exh. A), 11-10-2020)

The precise site standards for the development of property in this district shall be prescribed at the time the reviewing authority approves the issuance of a conditional use permit. These standards shall fix the density, lot area, frontage, front, side and rear setbacks, building height and site coverage requirements. The site standards shall be based upon site constraints.

(Ord. 173 § 1 (part), 1998: prior code § 8-3805)

A.

Maximum Density. The maximum density in non-MOSO open space is one dwelling unit per twenty (20), ten (10), or five acres (0.05, 0.1, or 0.2 units per acre respectively), as determined by the planning commission upon review of a proposed development project. Allowed density shall be as determined appropriate by the planning commission based upon site constraints of the property (as enumerated in Section B below) and in compliance with the applicable goals and policies of the general plan.

B.

Site Constraints. Site constraints to consider when determining the allowed density include, but are not limited to:

1.

Steepness of slope.

2.

Adjacent land uses and densities.

3.

Visibility from scenic corridors and other public places.

4.

Soil stability and history of landslides.

5.

Vulnerability to flooding, wildfire, and other natural hazards.

6.

Amount of necessary grading, soil displacement and alteration to landforms.

7.

Trees, natural vegetation, and other sensitive natural resources on site.

(Ord. 173 § 1 (part), 1998: prior code § 8-3806)

(Ord. No. 277, § 2, 4-25-2018)

The purpose of this district is to identify and regulate when appropriate, lands that are in public ownership or are subject to an open space easement, development rights dedication or other enforceable restriction that regulates the use of the property from being utilized as other lands in private ownership. The district may also be used to identify and regulate residual parcels and those lands that have low development capability and are characterized by such factors as steep slopes, unstable soils, fault zones or high visibility.

(Ord. 173 § 1 (part), 1998: prior code § 8-3811)

For the purpose of this district and to comply with the requirements of the voter approved initiative called the "Moraga Open Space Ordinance," the following definitions apply:

"Centerline" or "crest of ridge" shall be as defined in Section 8.04.020.

"High risk area" means an area determined to be high risk in accordance with Part II (D) of the "Guidelines for the Interpretation and Implementation of the Moraga Open Space Ordinance—Measure A," as adopted by Resolution 22-2018 by the town council on April 11, 2018 in accordance with the Moraga Open Space Ordinance (MOSO).

"Major MOSO ridgeline" shall be as defined in Section 8.04.020.

"Minor ridgeline" shall be as defined in Section 8.04.020.

"MOSO open space" are lands designated MOSO open space (OS-M) in the general plan diagram and zoning map. They are referred to as "Open Space Lands" in the voter approved MOSO initiative, included in the general plan as Exhibit A.

"Moraga open space ordinance (MOSO)" refers to Measure A, a voter-approved initiative adopted at the general municipal election held April 8, 1986.

"Slope calculation" means a methodology for calculating slope in accordance with Part II(A)(3) and II(C) of the "Guidelines for the Interpretation and Implementation of the Moraga Open Space Ordinance—Measure A," adopted by Resolution 22-2018 by the town council on April 11, 2018 in accordance with the Moraga Open Space Ordinance (MOSO).

(Ord. 173 § 1 (part), 1998: prior code § 8-3812)

(Ord. No. 277, § 2, 4-25-2018)

Notwithstanding any other provision of the ordinances of the town, all land within the town of Moraga designated "public open space" or "private open space" (hereinafter referred to as "MOSO open space") in the Moraga general plan as such plan existed on October 16, 1985, or which is designated such by the Moraga open space ordinance is zoned "MOSO open space" (OS-M).*

(Ord. 173 § 1 (part), 1998: prior code § 8-3813)

(Ord. No. 309, § 4(Exh. B, 4), 5-10-2023)

* Wording taken from Section (3)(d) of the Moraga open space ordinance.

In this district, the following use is permitted provided the use is in compliance with the Moraga open space ordinance: agriculture and buildings accessory thereto.

(Ord. 173 § 1 (part), 1998: prior code § 8-3814)

In this district, each of the following uses is permitted on the issuance of a conditional use permit, provided such use is in compliance with the Moraga open space ordinance:

A.

Single-family residential dwelling;

B.

Public or private park or nonprofit recreational facility, playground, trail and related facility;

C.

Public or private school;

D.

Accessory uses and structures incidental to conditional uses.

E.

For-profit recreational facilities that utilize existing facilities established prior to adoption of the Moraga open space ordinance (Measure A) on April 8, 1986, with no increase in the development footprint, but allowing for limited improvements and modifications to such facilities consistent with a conditionally approved recreational use and the Moraga open space ordinance. The development footprint is defined as the area of disturbance for a legally-established recreational facility or use established prior to the Moraga open space ordinance and its ancillary uses such as parking, circulation, and landscaping.

(Ord. 173 § 1 (part), 1998: prior code § 8-3815)

(Ord. No. 258, § 2, 10-14-2015)

In this district, the uses identified in Section 8.52.110 are permitted on the issuance of a conditional use permit. However, the following conditional use permit applications shall comply in their entirety with the processing requirements of the planned development district contained in Chapter 8.48 as may be amended:

A.

A conditional use permit application for a single-family residential development which proposes a subdivision to create five or more lots; or

B.

A conditional use permit application submitted concurrently with development plan requirements of the planned development district when a parcel(s) of land is partly designated MOSO open space and planned development district.

(Ord. 173 § 1 (part), 1998: prior code § 8-3816)

The precise site standards for the development of property in this district which requires a conditional use permit shall be prescribed at the time the reviewing authority approves the issuance of a conditional use permit. These standards shall fix the lot area, frontage, front, side and rear setbacks, building height and site coverage requirements. The site standards for all MOSO open space (OS-M) lands shall be based upon the development constraints imposed by the Moraga open space ordinance on lands within this district.

(Ord. 173 § 1 (part), 1998: prior code § 8-3817)

A.

General. Any development on MOSO open space lands shall be limited to a maximum density of one dwelling unit per twenty (20), ten (10), or five acres. In no case shall density on such lands exceed one dwelling unit per five acres.*

B.

High Risk Areas.

1.

Areas identified as "high risk" areas, as defined in the Moraga Open Space Ordinance (MOSO) shall be limited to a maximum density of one dwelling unit per twenty (20) acres.*

2.

The town council may authorize density transfers from MOSO open space lands to other lands pursuant to the procedures set forth in Chapter 8.104; provided, that in no event shall dwelling units be transferred to MOSO open space lands or to high risk areas. In determining the appropriate density transfer credit applicable in a transfer from any such MOSO open space lands, the town council may authorize the transfer of a net density of no greater than one dwelling unit per ten (10) acres.*

3.

After the town makes a final determination that an area is high risk under the provisions contained in the MOSO guidelines, the maximum permitted density in that area shall remain one unit per twenty (20) acres regardless of any remediation of geologic hazards that may occur on the site as part of the development project, or subsequent thereto.

C.

Slopes Twenty (20) Percent or Greater and Crests of Minor Ridgelines. Development shall be prohibited on slopes with grades of twenty (20) percent or greater and on the crests of minor ridgelines. The town council shall reduce the allowable densities on slopes of less than twenty (20) percent through appropriate means such as requiring proportionally larger lot sizes or other appropriate siting limitations. For the purposes of the Moraga Open Space Ordinance (MOSO) the term "minor ridgelines" means any ridgelines, including lateral ridges, with an elevation greater than eight hundred (800) feet above mean sea level.*

D.

Minor Ridgelines Extending into MOSO Open Space. Development shall be prohibited on minor ridgelines immediately adjacent to and extending into MOSO open space lands if slopes exceed twenty (20) percent and elevation of the ridges is greater than eight hundred (800) feet above mean sea level.*

E.

Determination of Appropriate Density. The densities in MOSO open space lands shall be as determined appropriate by the reviewing authority after taking into consideration the site constraints of Section 8.52.130 above and in compliance with the applicable goals and policies of the Moraga general plan and the requirements of the Moraga Open Space Ordinance.

F.

Exceptions to Development Prohibitions. The town may grant an exception to the development prohibitions identified in Sections 8.52.140.C. and D. for:

1.

Work necessary to eliminate or prevent a condition which is determined by the town to be a menace to life, limb or property or adversely affects the safety, use or stability of a public way or drainage way or channel;

2.

Establishment of a fire trail approved by the Moraga-Orinda Fire District, or

3.

A road together with attendant underground utilities in compliance with Section 18.128.060 (Roads).

(Ord. 173 § 1 (part), 1998: prior code § 8-3818)

(Ord. No. 277, § 2, 4-25-2018)

* Wording taken from Section (3)(d) of the Moraga Open Space Ordinance.