The purpose of this chapter is to codify floor area ratio standards that were previously located in the town's design guidelines for the development of new single-family dwellings and additions to existing single-family dwellings. Floor area ratio is intended to establish an objective standard for the maximum size of a home based on the size of the property.

(Ord. No. 311, § 10, 12-13-2023)

This chapter applies to new single-family dwellings, and additions and remodels to existing single-family dwellings.

(Ord. No. 311, § 10, 12-13-2023)

The following are not subject to the standards of this chapter:

A.

A one-time only addition of two hundred (200) square feet or less in area to an existing dwelling if no other additions have been previously approved.

B.

A legally constructed building which exceeds the maximum gross floor area permitted by this chapter and which is destroyed by fire, flood, landslide, or other act of nature. Such a building may be rebuilt with up to the same amount of floor area, subject to approval in accordance with Section 8.20.060 of the Moraga Municipal Code; and

C.

A single-family dwelling in a planned development or major subdivision where the planning commission or town council established alternative FAR standards for new homes approved as part of the planned development or major subdivision project.

(Ord. No. 311, § 10, 12-13-2023)

The following definitions apply to this chapter:

"Attic" means that space of a building above a story, which is not habitable and may be utilized for storage. The space must be unconditioned.

"Basement" means that portion of a building, which is either partly above finished ground surface or all below finished ground surface found between the floor and ceiling or finished floor level directly above. If the height between the ceiling and the finished ground surface adjoining the exterior walls exceeds six feet at any point or if it is utilized as a habitable space/room, the space will be considered a story.

"Floor area ratio" means the ratio of the building's gross floor area divided by the lot area.

"Gross floor area" is the sum of the following:

A.

The area measured on exterior walls of the first story of the dwelling;

B.

Garage area measured on outside walls;

C.

That portion of any first story room with a ceiling height of fifteen (15) feet or more and not a part of a second story;

D.

Area of the second story measured on exterior walls;

E.

The area of that portion of any attic space that has a clear height of seven feet above the floor; and

F.

The area of accessory structures greater than four hundred (400) square feet in area with permanent foundations, measured on exterior walls.

Items that do not count towards the gross floor area:

1.

A basement or attic, as defined by this Code;

2.

An accessory building(s) with a total area of less than four hundred (400) square feet, other than a garage or carport;

3.

A covered or uncovered balcony, porch, and deck;

"Maximum floor area ratio" means the maximum floor area that may be developed on a lot, based on the net lot area.

(Ord. No. 311, § 10, 12-13-2023)

The maximum floor area ratio is set forth below. The maximum gross floor area is determined by multiplying the net lot area by the maximum floor area ratio. For example, a lot with a net lot area of ten thousand three hundred fifty (10,350) square feet will have a maximum floor area ratio of .328 and a maximum permitted house size of three thousand three hundred ninety-four (3,394) square feet. Table 1 shows the maximum floor area ratio and gross floor area that applies to a single-family residential dwelling on a lot with an area of one acre or less.

[1] Applies only to homes that would be visible from a scenic corridor.

For lots greater than one acre where the home would be visible from a scenic corridor, the maximum home size is five thousand five hundred (5,500) square feet.

(Ord. No. 311, § 10, 12-13-2023)

A.

Except as provided under subsection B below, the reviewing body has the authority to permit a gross floor area greater than the maximum allowed under Section 8.21.050 with approval of a conditional use permit in compliance with Section 8.16.080 and findings found in Section 8.12.120.

B.

The reviewing body shall not grant a modification to the maximum FAR standard for projects with one or more of the following adverse design characteristics:

1.

Any building addition that requires a variance to a front, side, or rear yard property line setback.

2.

The use of multiple or stacked retaining walls or retaining walls higher than three feet to create level yard areas on hillside lots.

3.

The lack of sufficient driveway maneuvering space or very tight turning radius for access in and out of garages or insufficient guest parking on lots with less than forty-five (45) feet of frontage to a public street.

(Ord. No. 311, § 10, 12-13-2023)