Chapter 8.41 — MCSP MIXED RETAIL/RESIDENTIAL DISTRICT (MCSP MU-RR)

Chapter 8.41 - MCSP MIXED RETAIL/RESIDENTIAL DISTRICT (MCSP MU-RR)[[7]]

Footnotes:

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Editor's note— Ord. No. 316, § 4, adopted June 25, 2025, amended the title of Ch. 8.41 to read as herein set out. The former Ch. 8.41 title pertained to "MCSP Mixed Retail/Residential District (12-20 Dwelling Unit Per Acre) (MCSP MU-RR)."

8.41.010 - Purpose.

The purpose of this district is to provide for commercial development, including community-serving recreational uses, combined with medium or high density residential at densities allowed in Section

8.41.040 of this chapter. This district envisions a flexible mix of land uses with retail or similar use on the first floor and residential uses above the first floor. To encourage activity along the street and enhance the pedestrian experience by creating indoor spaces where pedestrians will see or sense interior activity, all first-floor areas facing School Street must have a retail or active use.

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

In this district, each of the following uses is permitted by right:

A.

Residential uses at densities allowed in Section 8.41.040 of this chapter;

B.

Home occupations in conformance with Chapter 8.112;

C.

Congregate care housing;

D.

Child day care center; and

E.

The following office, commercial, and retail uses:

1.

Animal services—grooming only;

2.

Antique, collectible stores;

3.

Assembly or meeting facility less than five thousand (5,000) square feet;

4.

Banks and financial services;

5.

Building materials sales and services;

Business support services;

7.

Cultural institutions less than five thousand (5,000) square feet;

8.

Eating and drinking establishments except restaurants with drive-in service;

9.

Fitness facility, health club less than ten thousand (10,000) square feet;

Food, beverage sales;

11.

Hotels;

Licensed massage establishments;

Offices;

Outdoor retail sales;

Personal services, general;

16.

Personal services, improvement or instructional;

Professional services;

Retail business;

Schools—trade schools, vocational training only;

Theater, auditorium;

F.

Business park and industrial uses:

1.

Media production facility;

G.

Public/quasi-public and recreational uses:

1.

Government offices;

Park and outdoor recreational facilities;

H.

Co-housing and the accessory structures and uses normally auxiliary to the structure;

I.

Live-work housing;

J.

Low-barrier navigation centers;

K.

Residential care facilities with six persons or fewer, employee housing with six persons or fewer, and group homes not requiring licensing by the State of California;

L.

Supportive housing and transitional housing of the same type allowed in this district; and

M.

Other uses found by the planning commission at a public hearing to be consistent with the purpose of the district and comparable to any of the foregoing uses.

(Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 316, § 4, 6-25-2025)

In this district, each of the following uses is permitted on the issuance of a conditional use permit:

A.

Animal services;

B.

Assembly or meeting facilities five thousand (5,000) square feet or greater;

C.

Banquet hall;

D.

Contractors, special trade;

E.

Cultural institutions five thousand (5,000) square feet or greater;

F.

Fitness facility, health club ten thousand (10,000) square feet or greater;

G.

Licensed residential care facilities with seven or more occupants, other than congregate care housing;

H.

Meeting halls for clubs, lodges, and other membership organizations;

I.

Personal services, other;

J.

Secondhand sales;

K.

Religious facility;

L.

Utility facility, transmission towers; and

M.

A use which the planning commission finds at a public hearing to be comparable to any of the foregoing uses.

(Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 316, § 4, 6-25-2025)

A.

To the extent consistent with state law, the developer/property owner may choose to develop property in this district at a minimum of twelve (12) dwelling units but not more than twenty-four (24) dwelling units shall be erected on any one acre, except as provided in subsection B of this section.

B.

The allowable density may be increased on any one acre sized parcel in compliance with all applicable state laws.

(Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 306, § 7(Exh. B, 1), 2-22-2023)

A.

Development Standards. All development shall conform to the limits identified in the table below, to the extent consistent with state law:

MCSP MIXED RETAIL/RESIDENTIAL DEVELOPMENT STANDARDS

1.

Proposed developments fronting onto or abutting against a major scenic corridor as defined in Chapter 8.132 (Scenic Corridors) shall be subject to the setback and step back requirements set forth in Section 8.200.050 (Moraga Center Design Requirements).

2.

Where two different building heights are adjacent, taller building controls separation.

B.

First Floor Requirement. All first-floor areas fronting onto or abutting against School Street must have:

1.

A retail business use, eating/drinking establishment, specialty food shop, personal service (general or improvement/instructional), or professional service use; or

2.

The portion of a residential use providing active use amenities, such as a workout room or gym, a building lobby or a lounge; or

3.

Another use found by the planning commission to provide the sense of activity referenced in this standard.

C.

See Section 8.200.050 Moraga Center Design Requirements of the Moraga Municipal Code, and Chapter 11 of the Moraga Design Guidelines for other applicable standards.

(Ord. No. 293, § 3(Exh. A), 11-10-2020; Ord. No. 316, § 5, 6-25-2025)