Chapter 8.24 — ONE, TWO, AND THREE DWELLING UNITS PER ACRE RESIDENTIAL DISTRICTS

Chapter 8.24 - ONE, TWO, AND THREE DWELLING UNITS PER ACRE RESIDENTIAL DISTRICTS[[2]]

Footnotes:

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Editor's note— Ord. No. 268, § 4, adopted May 10, 2017, repealed the former Ch. 8.24 and enacted a new Ch. 8.24 as herein set out. The former Ch. 8.24, § 8.24.010—8.24.050, pertained to one dwelling unit per acre residential district, and derived from prior code §§ 8-3201—8-3205.

The purpose of the 1-DUA, 2-DUA, and 3-DUA zoning districts is to provide for a residential environment consisting of low density, detached, single-family homes consistent with the general plan.

(Ord. No. 268, § 4, 5-10-2017)

8.24.020 - Establishment of land use districts.

The following single-family residential land use districts are established:

A.

One dwelling unit per acre residential;

B.

Two dwelling units per acre residential

C.

Three dwelling units per acre residential.

(Ord. No. 268, § 4, 5-10-2017)

Notwithstanding the provisions of this chapter, all residential development projects must conform with the Town of Moraga Design Guidelines, including the floor area ratio (FAR) standards for residential development, or be granted an exception to one or more of the design guidelines by the design review board in accordance with the procedures set forth in Chapter 8.72.

(Ord. No. 268, § 4, 5-10-2017)

A.

A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it;

B.

Agriculture (crop and tree farming with no on-site sales only);

C.

Park and outdoor recreational facility if the planning commission makes a specific finding that the use is consistent with the general plan;

D.

Accessory dwelling units consistent with Chapter 8.124;

E.

Supportive housing and transitional housing of the same type allowed in this district;

F.

Animal keeping in accordance with Chapter 8.92, Article 1;

G.

Home occupations in conformance with Chapter 8.112;

H.

Child day care center (family day care home only);

I.

Pocket parks; and

J.

Residential care facilities with six persons or fewer, employee housing with six persons or fewer, and group homes not requiring licensing by the State of California.

(Ord. No. 268, § 4, 5-10-2017; Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 316, § 4, 6-25-2025)

In these districts, each of the following uses is permitted on issuance of a conditional use permit:

A.

Animal keeping in accordance with Chapter 8.92, Article 2;

B.

Assembly or meeting facility;

C.

Religious facility;

D.

Sports recreation facility (private, not organized and operated for profit; for use by residents of the neighborhood or subdivision where it is located);

E.

Park and Outdoor Recreational Facility not organized and operated for profit; and

F.

A use which the planning commission, after notice and public hearing, has found to be comparable to any of the foregoing uses.

(Ord. No. 268, § 4, 5-10-2017; Ord. No. 293, § 3(Exh. A), 11-10-2020)

A.

One dwelling unit per acre residential.

1.

No more than one dwelling unit shall be constructed on any one acre, except as provided in subsection A(2) of this section.

2.

The density may be increased on any one-acre sized parcel in compliance with all applicable state laws.

B.

Two dwelling units per acre residential.

1.

No more than two dwelling units shall be constructed on any one-acre sized parcel, except as provided in subsection B(2) of this section.

2.

The density may be increased on any one-acre sized parcel, in compliance with all applicable state laws.

C.

Three dwelling units per acre residential.

1.

No more than three dwelling units shall be constructed on any one-acre sized parcel, except as provided in subsection C(2) of this section.

2.

The density may be increased on any one-acre sized parcel in compliance with all applicable state laws.

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

8.24.060 - Minimum lot area and yard setback regulations.

A.

The minimum lot area and setbacks for principal structures in the one, two, and three dwelling units per acre residential land use districts are set forth in the following table and shall apply to the extent consistent with state law:

Maximum lot coverage (see A3)

N/A

N/A

60 percent

1.

The front yard setback for two or more lots fronting on a private street is governed by Section 8.68.110.

2.

The portion(s) of the building where the driveway is located shall be setback a sufficient distance to accommodate a minimum driveway length of twenty-five (25) feet.

3.

Maximum lot coverage for SFR 3 DU/acre applies only to developments within the Moraga Center Specific Plan area.

B.

See Section 8.200.050 Moraga Center Design Requirements of the Moraga Municipal Code, and Chapter 11 of the Moraga Design Guidelines for other standards applicable to properties located within the Moraga Center area.

(Ord. No. 268, § 4, 5-10-2017; Ord. No. 293, § 3(Exh. A), 11-10-2020)

8.24.070 - Single family residences—Nonconforming setbacks.

A.

For lots developed with a detached single family residence prior to November 7, 1980, the front and side yard setbacks established under the previous county zoning shall be applied to building additions as prescribed by Section 8.68.050 of this Code.

B.

For residential buildings that have nonconforming setbacks, but are not eligible to apply the provisions of Section 8.68.050 related to the previous county setbacks, a building addition or deck may continue an existing exterior wall within a normally required setback as provided in Section 8.20.060.C(2) and 8.20.060.C(3).

(Ord. No. 268, § 4, 5-10-2017)

At no point shall the building height of a structure in these districts exceed two stories or thirty-five (35) feet, whichever is less. On lots where a building is stepped down a slope and the building footprint slope is twenty (20) percent or greater, the maximum aggregate building height shall not exceed forty-five (45) feet. However, if upon design review, the reviewing authority finds that the building height proposed for the structure will create a significant adverse effect on neighboring properties or is incompatible with the

natural terrain or vegetation, the reviewing authority may reduce the maximum building height permitted to a height which eliminates or mitigates the adverse effects of the building height proposed. Measurement of building height shall be as defined in Chapter 8.04 of this title.

(Ord. No. 268, § 4, 5-10-2017)

Setbacks and other development standards for accessory structures and buildings, including decks, shall be as defined in Chapter 8.70 of this Code.

(Ord. No. 268, § 4, 5-10-2017)

Setbacks and development standards for fences and walls shall be as defined in Section 8.68.040 of this Code.

(Ord. No. 268, § 4, 5-10-2017)