Moraga Municipal Code Ch. 14.16 Town Council Authority

All grading operations, including, but not limited to, landslide repair or slope stabilization or grading, on predevelopment average slopes greater than or equal to twenty-five (25) percent that require a permit shall be reviewed by the planning commission and specifically directed by the town council prior to the issuance of a permit.

(Ord. 210 (part), 2006)

Upon determining the application complete, the planning director shall schedule the application for consideration by the planning commission and the planning commission shall make a recommendation to the town council in accordance with the findings listed in Section 14.16.030 of this chapter. Notice of the planning commission and town council meetings shall be made in accordance with Section 8.72.150 of this code.

(Ord. 210 (part), 2006)

A. On land with a predevelopment average slope greater than or equal to twenty-five (25) percent, a permit may be granted only after a determination that the grading is:

1. Consistent with the town design guidelines;

2. Consistent with the regulations and restrictions of this chapter;

3. Not detrimental to public safety;

4. Not detrimental to stormwater runoff;

5. Consistent with the requirements of Chapter 8.136 of this code;

6. Natural contour grading;

7. Minimizes soil displacement;

8. Minimizes the use of retaining walls;

9. The minimum amount of grading possible on the site; and

10. Not inconsistent with the general plan.

The direction of the town council is final.

B. To approve a permit for grading in a hillside area as defined in Section 8.04.020 (Definitions), the reviewing authority shall make all of the findings in Municipal Code Section 8.136.050 (Findings for Approval) in addition to the applicable findings in Section 14.16.030.A.

(Ord. 210 (part), 2006)

(Ord. No. 277, § 2, 4-25-2018)

All permits approved by the town council shall be valid for two years, but may be extended for an additional year by the design review administrator, if other approvals required to implement the proposed project are not obtained within one year of the town council approval.

(Ord. 210 (part), 2006)