This chapter establishes regulations for development on hillsides and near designated ridgelines in the town. The intent of these regulations is to:

A.

Implement general plan goals which call for the town to regulate development in a manner that maintains undeveloped hillsides and ridgelines in the town in a scenic natural setting, and other town policies related to ridgeline and hillside areas.

B.

Preserve and protect the town's unique semi-rural feel and scenic natural setting characterized by visually prominent ridgelines and hillsides that appear substantially free of visible development.

C.

Allow for a reasonable amount of development near ridgelines to support a range of community goals including increasing economic vitality, protecting public safety, supporting public recreation, and increasing housing choices.

D.

Allow for the continued use of land and existing structures on and near ridgelines consistent with the purpose of this chapter.

E.

Protect the public health, safety and welfare by reducing public exposure to geologic risks and other hazards common on and near ridgelines.

F.

Protect scenic resources by limiting the hillside development visible from the town's scenic corridors and other public places.

(Prior code § 8-5701)

(Ord. No. 277, § 2, 4-25-2018)

The location of major and minor MOSO ridgelines, significant non-MOSO ridgelines, and other non-MOSO ridgelines as defined in Section 8.04.020 (Definitions) shall be as shown in Figure CD-1 of the general plan.

(Prior code § 8-5702)

(Ord. No. 277, § 2, 4-25-2018)

A.

MOSO Open Space. This chapter applies to all development within MOSO open space except 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.

A fire trail approved by both the town council and the Moraga-Orinda Fire District.

B.

Areas Outside of MOSO Open Space. In areas outside of MOSO open space, the regulations in Chapter 8.128 apply to all development on hillsides and near ridgelines except for:

1.

Agricultural activities, including animal grazing, vineyards, fruit and nut trees, and related structures such as open fences, troughs, water storage containers not greater than five thousand (5,000) gallons and eight feet in height, and similar agriculture-serving accessory structures. Enclosed or substantially enclosed structures with a roof are not allowed under this exception. Water storage containers permitted by this exception shall be located to minimize visibility from a scenic corridor to the greatest extent possible.

2.

Subdivisions of land that do not permit development that would otherwise be in conflict with this policy.

3.

Grading that does not require a grading permit pursuant to Municipal Code Title 14 (Grading).

4.

Construction of open fences, walls, and other "short" (meaning less than four feet tall) and "small" (meaning less than two hundred (200) cubic feet) accessory structures associated with uses and activities legally existing as of April 11, 2018.

5.

Modifications to existing structures pursuant to Municipal Code Chapter 8.20 (Nonconforming Uses, Structures and Lots).

6.

Roads crossing a ridgeline that comply with all applicable requirements in Municipal Code Section 8.128.060.A (Crossing Ridgeline Allowed).

7.

Unpaved recreational pathways and trails.

8.

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.

9.

A fire trail approved by the Moraga-Orinda Fire District.

C.

Existing Uses and Structures. This chapter does not apply to the repair and maintenance of legally established existing structures or the continued operation of permitted existing uses. The town shall interpret and apply this chapter in a manner that allows for the continued use of existing structures consistent with applicable town standards and regulations.

D.

Additional Standards. In addition to the standards in this chapter, development shall also comply with all applicable hillside and ridgeline policies in the general plan, applicable design guidelines, and any applicable specific plan or area plan.

(Ord. No. 277, § 2, 4-25-2018)

A.

Major MOSO Ridgelines. Development is prohibited within five hundred (500) feet (measured horizontally in plan view) of the centerline of a major MOSO ridgeline.

B.

Significant Non-MOSO Ridgelines. Development is prohibited within two hundred (200) feet (measured horizontally in plan view) of the centerline of a significant non-MOSO ridgeline.

C.

Other Non-MOSO Ridgelines. There is no specific buffer or visual separation standard that applies to other non-MOSO ridgelines. Development on and near other non-MOSO ridgelines shall be designed to maintain Moraga's unique semi-rural feel and scenic natural setting to the greatest extent possible consistent with applicable general plan policies and with the design guidelines.

D.

Measurement of Buffer. Buffer distances are measured horizontally in plan view (i.e., from above, looking down).

E.

Roads Crossing Ridgelines. A road, together with attendant underground utilities may cross a ridgeline, if the planning commission finds that the crossing is necessary for the orderly development of the town, the road complies with all applicable requirements in Municipal Code Section 8.128.060 (Roads), the MOSO guidelines, and does not otherwise conflict with the Municipal Code.

(Ord. No. 277, § 2, 4-25-2018)

A.

Applicability. The visual separation requirements in this section apply to development in hillside areas when such development is visible from an affected view corridor and may impact the views of affected ridgeline and the hillsides below.

1.

"Affected view corridor" means the scenic corridor segments described in Table 8.128-2 and shown in Figure 8-128-1.

2.

"Affected ridgeline" means the ridgeline visible from an affected view corridor as described in Table 8.128-2 and shown in Figure 8-128-1.

B.

Standards.

1.

Structures in hillside areas shall be located and designed so that a minimum of thirty-five (35) percent of the vertical distance from the crest of the affected ridgeline (as mapped in Figure 8-128-1) to the "toe of slope elevation" for that affected ridgeline remains visible as undeveloped open space when viewed from the full length of the affected view corridor described in Table 8.128-2 and shown in Figure 8-128-1. The visual separation standard is illustrated in Figure 8.128-2.

Table 8.128-2:
View Corridors from Which to Evaluate Project Compliance with Visual Separation Standard

2.

For each affected ridgeline, "toe of slope elevation" means the contour line elevation, extending along the full length of the affected ridgeline, as shown in Table 8.128-2.

3.

If the town determines that compliance with the standard when viewed from the full length of the affected view corridor renders any reasonable development project infeasible, the town may alternatively require the project to comply with the thirty-five (35) percent visual separation standard as viewed from one or more individual vantage points along the affected view corridor. In such a case, the town shall select vantage points from which the project would be most visible and/or result in the greatest potential visual impact to the hillside and ridgeline as viewed from the scenic corridor.

4.

Nothing in this chapter shall preclude the town from requiring additional visual simulations and view impact studies to determine compliance with town policies and/or evaluate potential environmental impacts under the California Environmental Quality Act (CEQA).

Figure 8.128-2: Visual Separation Standard

Table 8.128-2: Toe of Slope Contour Elevation

5.

For proposed structures that would be visible on a hillside below an affected ridgeline as viewed from a affected view corridor, the applicant shall prepare a visual simulation demonstrating compliance with this standard. Visual simulations shall utilize the road centerline as the location from which the simulation at any designated vantage point is developed, and shall be prepared in a manner consistent with the town's guidelines for visual representation of proposed development projects.

6.

Prior to town action on the proposed project, the applicant shall install story poles as required by the planning director demonstrating project compliance with this standard and in accordance with the town's guidelines for visual representation of proposed development projects. The story poles shall be installed to reflect the various height points of the project as it will be built, including any increase in elevation that will be attributable to pad elevation. Story poles shall be photographed by the town from specified, reproducible locations. During and after project construction, the town shall take comparable photographs from the same locations to confirm that visual impacts of completed structures are reasonably consistent with those indicated by the story poles. In cases when site topography or other physical constraints prevent the installation of story poles, the planning commission may allow an alternative method to demonstrate compliance, including additional visual simulations, three-dimensional models, and other graphic modeling techniques.

C.

Exemptions. The town council may grant exceptions to the standards in this section in accordance with Section 8.128.070 (General Exceptions).

(Ord. No. 277, § 2, 4-25-2018)

A.

Crossing Ridgeline Allowed.

1.

The planning commission may allow a road, together with attendant underground utilities, to cross a major MOSO ridgeline, a minor MOSO ridgeline, or a significant non-MOSO ridgeline upon finding that the crossing is necessary for the orderly development of the town, the road complies with all applicable requirements of Section 8.128.060, and it does not otherwise conflict with the Municipal Code.

2.

For major MOSO ridgelines and significant non-MOSO ridgelines, a road may be located within the horizontal ridgeline buffer for only the minimum distance necessary to cross the ridgeline.

3.

For minor MOSO ridgelines, a road may be located within two hundred (200) feet of the crest of the ridgeline for only the minimum distance necessary to cross the ridgeline.

4.

Roads crossing a ridgeline, where allowed, shall comply with the following standards:

a.

Roads shall be located and designed to minimize visibility when viewed from a road or other public place; and

b.

On-street parking is prohibited on roads within the horizontal ridgeline buffer for major MOSO and significant non-MOSO ridgeline and within two hundred (200) feet of a minor MOSO ridgeline. The road shall be designed with the minimum width necessary to accommodate only through traffic without parking; and

c.

Streetlights shall not be permitted on ridgelines; and

d.

Road placement should minimize glare from vehicle lights visible from public places and nearby homes; and

e.

All utilities shall be undergrounded with cost to be borne by the project developer.

5.

A "road" means any public or private thoroughfare constructed of any material approved by the town that provides permanent vehicle access to abutting property or a public right-of-way. Roads may include associated and parallel pedestrian pathways, bicycle lanes or paths, sidewalks, single-use or multi-use trails, and on-street parallel parking spaces, that are an integral part of or directly adjacent to a road approved by the town consistent with this section.

6.

A road is considered to "cross a ridgeline" if it rises in elevation on one side of a ridgeline, extends over the ridgeline crest, and then descends down the hillside on the opposite side of the ridgeline.

B.

Design Guidelines. Any road crossing a ridgeline shall comply with the design guidelines for roads in Section R4 (Roads and Sidewalks) in the town design guidelines.

C.

Exceptions. The reviewing authority may grant exceptions to the standards in Section 8.128.060.A upon finding that:

1.

There are no feasible and reasonable development alternatives to the proposed road that would comply with the standard(s) and the road is necessary for the orderly development of the town; and

2.

The project with the exception achieves the purpose of this chapter as set forth in Section 8.128.010 to the greatest extent possible.

(Ord. No. 277, § 2, 4-25-2018)

The town council may grant an exception to any requirement in Chapter 8.128 (Ridgeline Protection) to avoid a taking of property under the Constitutions of the United States and the State of California. However, the applicant bears the burden of proof to demonstrate to the satisfaction of the town council, with clear and convincing evidence, that the exception is necessary to avoid a taking. If such an exception is granted it shall be granted so as to only allow the minimum deviation necessary to avoid a taking.

(Ord. No. 277, § 2, 4-25-2018)