Moraga Municipal Code Art. 1 Non MOSO Open Space District (Map Symbol N-OS)

The purpose of this district is to identify and regulate when appropriate, lands that are in public ownership or are subject to an open space easement, development rights dedication or other enforceable restriction that regulates the use of the property from being utilized as other lands in private ownership. The district may also be used to identify and regulate residual parcels and those non-MOSO open space lands that have low development capability and are characterized by such factors as steep slopes, unstable soils, fault zones or high visibility.

(Ord. 173 § 1 (part), 1998: prior code § 8-3801)

"Centerline" or "crest of a ridge" shall have the definition set forth in Section 8.04.020.

(Ord. 173 § 1 (part), 1998: prior code § 8-3802)

(Ord. No. 277, § 2, 4-25-2018)

Agriculture.

(Ord. 173 § 1 (part), 1998: prior code § 8-3803)

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

Each of the following uses is permitted on the issuance of a conditional use permit in this district:

A. Single-family residential dwelling (including accessory buildings and structures);

B. Park and outdoor recreational facility; and

C. Schools (college, university [private only]).

(Ord. 173 § 1 (part), 1998: prior code § 8-3804)

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

The precise site standards for the development of property in this district shall be prescribed at the time the reviewing authority approves the issuance of a conditional use permit. These standards shall fix the density, lot area, frontage, front, side and rear setbacks, building height and site coverage requirements. The site standards shall be based upon site constraints.

(Ord. 173 § 1 (part), 1998: prior code § 8-3805)

A. Maximum Density. The maximum density in non-MOSO open space is one dwelling unit per twenty (20), ten (10), or five acres (0.05, 0.1, or 0.2 units per acre respectively), as determined by the planning commission upon review of a proposed development project. Allowed density shall be as determined appropriate by the planning commission based upon site constraints of the property (as enumerated in Section B below) and in compliance with the applicable goals and policies of the general plan.

B. Site Constraints. Site constraints to consider when determining the allowed density include, but are not limited to:

1. Steepness of slope.

2. Adjacent land uses and densities.

3. Visibility from scenic corridors and other public places.

4. Soil stability and history of landslides.

5. Vulnerability to flooding, wildfire, and other natural hazards.

6. Amount of necessary grading, soil displacement and alteration to landforms.

7. Trees, natural vegetation, and other sensitive natural resources on site.

(Ord. 173 § 1 (part), 1998: prior code § 8-3806)

(Ord. No. 277, § 2, 4-25-2018)