This chapter establishes regulations for development within the Moraga Center Specific Plan (MCSP) area in the town. The intent of these regulations is to implement the MCSP, as set forth here:

A.

Standards and criteria by which development within the MCSP area will proceed.

B.

Standards and criteria for development of the circulation and street network within the MCSP area.

C.

Establish development potential for retail, office, and hotel uses within the MCSP area.

D.

Required streets, trails, bridges, and other public infrastructure to be erected within the MCSP area.

E.

Standards for the conservation and protection of Laguna Creek and Moraga Creek, along with other natural resources and features, where applicable.

F.

Standards and criteria for creation of a town square focal point within the MCSP area.

G.

Standards and criteria for development of the MCSP area into an environment that accommodates multiple modes of travel; multiple types of residential uses, including multifamily and residential care facilities; and appropriate mixture of civic, public, office, retail, and other related uses.

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

A.

The standards and regulations of this chapter shall only apply to developments and activities occurring within the MCSP area as shown in Figure 8.200-1 [Moraga Center Specific Plan (MCSP) Area].

Figure 8.200-1—Moraga Center Specific Plan (MCSP) Area

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

Zoning districts shall be established in the MCSP area as shown in Figure 8.200-2 (MCSP Zoning Districts).

Figure 8.200-2—MCSP Zoning Districts

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

To the extent consistent with state law, the maximum development potential for the MCSP area is established as follows, as set forth in Table 4-1 of the MCSP and subject to the land use equivalents in Table 4-2 of the MCSP:

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

A.

All development in the Moraga Center Specific Plan area shall be required to comply with the following requirements to the extent consistent with state law:

1.

All development in the Moraga Center Specific Plan area shall be subject to design review as set forth in Articles 2 and 3 of Chapter 8.72.

2.

All improvements shall comply with all applicable easements, codes and requirements in effect at the time the development application is deemed or determined complete, or such other time required by state law, including, but not limited to access and utility easements, fire, building, and health and safety codes, and local, state and federal laws.

3.

No improvement shall be constructed or installed within an area of riparian vegetation that is protected by any state or federal agency.

4.

The required parking for each residential dwelling unit may be either tandem or nontandem. Parking not associated with a particular residential dwelling unit shall be nontandem.

5.

All exterior lighting shall be directed downward or inward toward the property.

6.

Any blank wall that is without windows and is more than thirty (30) feet long or three hundred fifty (350) square feet in area, whichever is less, shall have landscaping installed and maintained along the wall which reaches a minimum height of four feet within three years.

7.

All landscaping shall be irrigated with an automatic system and permanently maintained. A landscape maintenance bond shall be posted to secure the replacement of any necessary plant material by the developer for a period of one year.

8.

Permanent trash and recycling equipment shall be located in enclosures on the property. The colors, materials and design of the trash and recycling enclosures shall match the building design.

9.

The utilities for the project shall be located underground.

10.

Development fronting along a major scenic corridor as defined in Chapter 8.132.020 shall have building setbacks from the scenic corridor that are landscaped and varied in order to avoid creation of a walled effect and that are a minimum of forty (40) feet deep, with an additional stepback for elements above the first floor of at least eight feet.

11.

All required parking shall be provided onsite or on streets immediately adjacent to the development.

12.

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 or mitigation measures, including, but not limited to replacement. Placement of temporary construction fencing around the drip line of such trees shall be a condition.

13.

Sidewalks and pathways proposed to provide pedestrian access to residential districts shall be a minimum of six feet in width

14.

Sidewalks in the MCSP Commercial, MCSP Mixed Use Retail Residential and MCSP Mixed Use Office Residential shall be a minimum of eight feet in width, or designed according to the School Street guidelines in the Moraga Design Guidelines.

15.

External vents and mechanical equipment shall be screened from view from adjoining residential uses, public or common sidewalks and pathways, and plazas.

16.

Permanent mechanical equipment such as a motor, compressor, pump or compactor which would be a source of structural vibration or structure-borne noise in excess of adopted town ordinance standards shall be shock mounted with inertia blocks or bases or vibration isolators.

17.

All development must maintain any existing emergency vehicle, motor vehicle, bicycle or pedestrian access to adjoining properties.

18.

In multi-family residential projects, 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.

19.

In multi-family residential projects, a laundry area consisting of a place for an automatic washing machine and clothes dryer shall be provided in each unit unless common laundry facilities are provided.

20.

Utility transformers that are outside the public right-of-way should have adequate access provided for proper maintenance. Any above ground installation must include adequate landscape screening so as not to be viewable from the scenic corridor or other prominent public view.

21.

Benches and seat walls shall be incorporated by project designers, where appropriate, to provide seating areas along pedestrian promenades.

22.

Developments, with the exception of single-family homes, shall provide bicycle parking areas with bicycle racks at a rate equal to five percent of required off-street vehicle parking spaces, with a minimum parking for at least two bicycles.

23.

Tree grates, bollards, and other street furniture shall be incorporated, where appropriate, to help articulate street edges and provide a pleasant separation between the automobile realm and the pedestrian realm.

24.

Accentuated paving, bollards, special crosswalk lighting, and other features shall be incorporated, where appropriate, to enhance pedestrian safety.

25.

Drought-tolerant and deer resistant plant materials, consistent with the town's design guidelines shall be incorporated as part of each development's overall landscape design.

26.

Where a more intense use (R-20, R-24, MCSP Commercial, Mixed Office-Residential, Mixed Retail-Residential, Rheem Park Mixed Commercial-Residential, and Rheem Park Mixed Office-Residential) abuts a one, two or three dwelling units per acre residential district, screening is required to address privacy and noise impacts, in addition to any other code requirements regarding fences or walls, the screening shall be in a six-foot-wide area with a minimum six-foot high evergreen landscaping or a wall along the property line in the required setback.

(Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 306, § 7(Exh. B, 14), 2-22-2023; Ord. No. 307, § 6(Exh. B, 11), 2-22-2023)

A.

The MCSP area described in this section should include a "town square" designed and constructed following the design guidance contained in the Town of Moraga Design Guidelines. At the time of an application for new development or redevelopment in the MCSP Commercial, MCSP Commercial MU-RR or Commercial MU-OR Districts bounded by Moraga Way, Moraga Road, and School Street or the area within the MCSP Commercial District south of Moraga Way, the town shall determine the extent to which such proposed development creates a burden due to traffic, public access or other issues that support dedication and construction of a town square and will also analyze alternative means of financing such improvements with public funds or development impact fees.

B.

The town shall ensure through its review process that this identified town square area has and retains the physical capacity to accommodate the required town square in a way that is consistent with Chapter 11 of the Moraga Design Guidelines.

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

A.

Development in the MCSP area shall include construction of School and Bridge Streets and the construction of either a vehicular or pedestrian bridge over Laguna Creek, as shown conceptually in Figure 8.200-3 (Required Streets, Trail, and Bridge). The construction of both a vehicular and pedestrian bridge over Laguna Creek is encouraged.

B.

Development in the MCSP area shall include construction of the Lafayette-Moraga Regional Trail, as shown conceptually in Figure 8.200-3 (Required Streets, Trail, and Bridge). The Lafayette-Moraga Regional Trail location could be moved to be immediately adjacent to Laguna Creek, should an appropriate agreement between the East Bay Regional Park District, the Town of Moraga and the property owner(s) be reached.

C.

A pedestrian/bicycle trail is encouraged, but not required, along one or both sides of the Laguna Creek bank. As allowed in Section 8.200.070 B, this trail could be designated as the Lafayette-Moraga Regional Trail.

Figure 8.200-3—MCSP Required Streets, Trail, and Bridge

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

A.

Structures adjacent to creeks and drainage channels within the MCSP area (except those in R-20, which shall follow the requirements included in Section 8.34.060 A.) shall be subject to the more restrictive of the setback requirements set forth in Contra Costa County Code 914-14.012 "Structure setback lines for unimproved earth channels," as may be amended from time to time, or the minimum setbacks required by a state or federal regulatory agency.

B.

Where existing riparian vegetation extends beyond the limits required, the setback line shall be extended to include such riparian vegetation.

C.

Structures other than buildings that will enable or provide public access to or across a creek may be located within the prescribed setbacks.

D.

Exemptions to these required setbacks may be made under unusual circumstances such as geologic, environmental or topographical conditions on a case-by-case basis by the public works director/town engineer in coordination with all responsible regulatory agencies, upon production of satisfactory evidence that no adverse biological impact will occur and that the stability of the surrounding soil can be ensured by engineering and geotechnical means reasonably available to the applicant.

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