Moraga Municipal Code § 8.12.130 Specific findings necessary for variance

A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this code to be given and the decision of the review body is to grant the applications applied for, the reviewing body shall make findings to support its decision. If the decision is to deny the application, no findings, following the hearing, need be made except a finding that the applicant failed to sustain the burden of presenting evidence sufficient to permit the reviewing body to make the findings required to grant the application.

B. Subsection A of this section applies only to determination made in the reviewing body's adjudicatory capacity and not to an action of a legislative nature such as a recommendation for or adoption of a land use regulation. The existence or nonexistence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law.

(Prior code § 8-401)

Before the planning commission makes its recommendation on an application for: (i) a change of zoning district applicable to the subject property; or (ii) a change in a text of a land use regulation, it shall determine whether or not:

A. The change proposed is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;

B. In the case of a general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed;

C. A community need is demonstrated for the change proposed;

D. Its adoption will be in conformity with public convenience, general welfare and good zoning practice.

(Prior code § 8-402)

The reviewing body shall comply with Sections 8.72.050 and 8.72.080 prescribing the standards applicable to the process of design review required by Chapter 8.72 of this title.

(Prior code § 8-403)

A. General. A conditional use permit may be granted only after a determination that the proposed use:

1. Is appropriate to the specific location;

2. Is not detrimental to the health, safety, and general welfare of the town;

3. Will not adversely affect the orderly development of property within the town;

4. Will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the town;

5. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;

6. Will not create a nuisance or enforcement problem within the neighborhood;

7. Will not encourage marginal development within the neighborhood;

8. Will not create a demand for public services within the town beyond that of the ability of the town to meet in the light of taxation and spending restraints imposed by law; and

9. Is consistent with the town's approved funding priorities.

B. Hillside Projects. To approve a conditional use permit for any development that meets the requirements of Section 8.136.020 (Applicability) in Chapter 8.136 (Hillside Development) of the Municipal Code, the reviewing authority shall make all of the findings in Municipal Code Section 8.136.050 (Findings for Approval) in addition to the findings in Section 8.12.120.A.

(Prior code § 8-404)

(Ord. No. 277, § 2, 4-25-2018)

A. General. A variance from the requirements of zoning regulations as to lot area, lot coverage, width, depth, side yard, rear yard, setback, parking requirements, height of building, or other regulation affecting the size, shape, or design of a lot or the placement of buildings on it may only be granted when:

1. Because of special circumstances concerning the subject property including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same zoning district;

2. The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same zoning district; and

3. The variance substantially complies with the intent and purpose of the zoning district in which the property is classified.

B. Hillside Projects. To approve a variance for any development that meets the requirements of Section 8.136.020 (Applicability) in Chapter 8.136 (Hillside Development) of the Municipal Code, the reviewing authority shall make all of the findings in Municipal Code Section 8.136.050 (Findings for Approval) in addition to the findings in Section 8.12.130.A.

(Prior code § 8-405)

(Ord. No. 277, § 2, 4-25-2018)

A. The planning commission may not approve a tentative subdivision map unless it finds with reference to the proposed subdivision that each of the conditions set forth in Section 8.12.120 exists.

B. The planning commission shall deny approval of a tentative subdivision map and the town council shall deny approval of a final subdivision map if it determines that approval will result in any of the conditions described in Government Code Section 66474. However, if the planning commission has previously approved a tentative subdivision map the town council may not deny approval of the final subdivision map if the final map is in substantial compliance with the previously approved tentative subdivision map.

C. To approve a tentative map or parcel map for a subdivision that meets the requirements of Section 8.136.020 (Applicability) in Chapter 8.136 (Hillside Development) of the Municipal Code, the reviewing authority shall find that the proposed subdivision complies with all applicable general plan hillside development policies, including but not limited to policies under community design element CD8, in addition to making all findings and determinations required by the Town of Moraga Subdivision Ordinance and the California Subdivision Map Act.

(Prior code § 8-406)

(Ord. No. 277, § 2, 4-25-2018)