Moraga Municipal Code § 3 Additions to the County Ordinance

The following sections are added to the County Ordinance Code as adopted by reference and amended by Sections 1 and 2 of this ordinance respectively:

a) 92-2.008 General Plan Conformance; Time for or Waiver of Report.

(1) A report as to conformity to the General Plan, as required for a proposed division of land by Section 65402 of the Government Code, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

(2) The report in (1) of this section is not required if the Planning Commission expressly finds, for a proposed subdivision involving (1) disposition of the remainder of a larger parcel which was acquired and used in part for street purposes, (2) acquisition, disposition or abandonment for street widening, or (3) street alignment, that the projects involved in such a proposed subdivision are of a minor nature.

b) 92-2.010 Tentative Map Required for Parcel Map. Whenever a Parcel Map is required by this ordinance or the County Ordinance Code as adopted by reference, a Tentative Parcel Map shall first be filed. The map shall meet all the requirements for Tentative Subdivision and Final Parcel Maps provided by the Subdivision Map Act, this ordinance and the County Ordinance Code as adopted by reference.

c) 92-2.012 Environmental Impact Report Required. No Parcel or Tentative Map filed may be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of law. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

d) 92-2.014 Grading and Erosion Control. Every map approved shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in the Moraga Municipal Code, the County Ordinance Code as adopted by the Town and rules, regulations, standards and directives issued thereunder.

e) 94-2.208 Site Development Concept.

(1) Purpose: The purpose of this section is to promote optimum living environments by the conceptual and well conceived siting of principal and accessory structures, on steeply sloping land consistent with site constraints.

(2) Submittal Required: For a proposed subdivision having an average slope in excess of fifteen percent (15%) the submittal shall define the development concept. The concept shall delineate the building envelope and the structures and accessory facilities that may ultimately be sited within the envelope.

(3) Design Review: The Design Review Board shall review and comment upon each development concept before Planning Commission action on the Tentative Map.

f) 94-2.210 Solar Orientation.

(1) Purpose: It is the purpose of this section to assure that proper consideration is given to the design of lots in subdivisions in order to provide for the reasonable utilization of solar energy.

(2) Submittal Requirements & Review: Each subdivision application shall include a description of the allowable height and shape of an envelope zone for structures and evergreen vegetation designed to minimize shading of adjacent properties during the winter. The submittal shall include a diagram of the shading pattern cast by the envelope on December 21 from 10:00 a.m. to 2:00 p.m. The envelope zone for the property and the shading from adjacent lots are to be included with the property deed. The restrictions on building height and evergreen vegetation can be included as easements or covenants that run with the property.

(3) Design Review: Each proposed subdivision shall be reviewed by Design Review Board to advise and comment upon the proposed envelope zone for each lot.

g) 98-2.028 Waiver of Direct Access to Streets. The advisory agency may impose a requirement that the dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.