Moraga Municipal Code Art. 2 Exchange

In this chapter unless the context otherwise requires, "exchange" means the application of the ministerial review process to a parcel otherwise subject to the discretionary review process, which shall require the application of the discretionary review process to a parcel of the same size and otherwise subject ministerial review process.

(Ord. No. 227, § 1, 2-10-2010)

An owner of an undeveloped parcel of land in an R-20 designated area may apply to develop such parcel subject to the ministerial review process, provided an undeveloped parcel of land of equal size in an R-24 designated [area] shall be made subject to the discretionary review process and all other requirements of this article shall be met. The exchange may occur between undeveloped parcels which are under different ownership or control.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 306, § 7(Exh. B, 11), 2-22-2023)

The minimum exchange area for any parcel or portion of a parcel that is subject to an exchange is three (3) acres.

(Ord. No. 227, § 1, 2-10-2010)

In the event that an exchange would result in portions of a single parcel being subject to the ministerial review process while other portions would be subject to the discretionary review process, the owner of such parcel may concurrently apply for a lot line adjustment or lot split in order to avoid the application of more than one code provision to any such parcel. No fees, dedications or other exactions shall be imposed as a condition of approval for such lot line adjustment or lot split application other than as may be necessary to comply with applicable law. No code provisions such as setback requirements or design guidelines such as coverage requirements shall be violated in the approval of any lot line adjustment or lot split.

(Ord. No. 227, § 1, 2-10-2010)

The exchange process is initiated by an application by the owners of the parcels proposed for an exchange pursuant to this article.

(Ord. No. 227, § 1, 2-10-2010)

Before approving the exchange, the planning director must find that:

A. One parcel is located in R-24 and the other parcel is located in R-20.

B. The exchange parcels are of equal area and do not contain any buildings or structures.

C. The minimum area of any affected parcel including parcels involved in lot line adjustments or lot splits is three (3) acres and has a minimum average width of two hundred (200) feet and minimum average depth of two hundred (200) feet.

D. No property subject to the ministerial review process shall be located at an elevation above the 525-foot elevation.

(Ord. No. 227, § 1, 2-10-2010; Ord. No. 306, § 7(Exh. B, 12), 2-22-2023)

A. The owners of the exchange parcels shall submit for approval by the planning director and town attorney copies of exchange instruments in a form acceptable to the town and otherwise legally sufficient to effect an exchange.

B. A notice of the requirements for development of each parcel subject to an exchange pursuant to this chapter shall be recorded in the office of the county recorder. The notice shall be in the form prescribed by the town.

(Ord. No. 227, § 1, 2-10-2010)

All costs associated with the processing, consideration, approval and recordation of the exchange shall be paid by the applicants.

(Ord. No. 227, § 1, 2-10-2010)