Moraga

Phase One Zoning Text Amendments. Adopt the following amendments to the Moraga Zoning Regulations: a) Replace the R-20A district with an R-24 district, increasing the maximum allowable density to 24 units/ acre. The requirement for a minimum density of 16 units per acre, and the allowance for 30 units/ acre for senior housing, should remain. Development that conforms to applicable zoning standards in this zone shall be eligible for ministerial (by right) approval. Retitle the “R-20B” district as “R-20.” b) Increase the allowable density in the MCSP O-R and MCSP R-R zones from 20 units per acre to 24 units/acre. The minimum density of 12 units per acre should remain. c) Replace the Suburban-Office (SO) zone with a “Rheem Mixed Office-Residential” (RMOR) zone. This zone shall include updated development standards and allow residential and mixed use development as permitted uses, with a minimum density of 12 units per acre and a maximum of 24 units per acre. d) Create a new “Rheem Mixed Commercial-Residential” zone and apply this designation to selected parcels in the Rheem Park commercial district (as identified in Chapter 4 of the Housing Element). The new zone shall allow residential and mixed use development as permitted uses, with a minimum density of 12 units per acre and a maximum of 24 units per acre. e) Consistent with SB 35 and SB 330, adopt objective development and design standards for the new Mixed Office-Residential and Mixed Commercial-Residential zones to facilitate ministerial approval of future multi-family residential and mixed-use projects in the Rheem Park Commercial area. f) Amend Chapter 8.104 (Density Transfer) to add the new Rural Residential Zone to the list of zones from which density may be transferred, and to add all commercial and mixed use zones to the list of zones to which transferred density may be “received.” 2 Equivalent to the moderate income RHNA

Zoning capacity to meet the 1,118 units required by the RHNA, including capacity for at least 501 lower income units at densities exceeding 20 units per acre

Phase Two Zoning Text Amendments. Within 24 months of Housing Element adoption, adopt the following additional revisions to the existing zoning regulations: a) Amend the 6 DUA zoning district to increase housing mobility and create opportunities for “missing middle” housing in low density, higher-income areas. Missing middle housing includes duplexes, triplexes, fourplexes, townhomes, and similar housing types. While these housing types are permitted in the 6 DUA zone, the maximum density of six units per acre makes their construction challenging. Part of affirmatively furthering fair housing is to create such opportunities in lower density zones, including higher-income neighborhoods such as those located throughout Moraga. As such the 6 DUA zone should be renamed as R-12 or R-15, with allowances for 12 to 15 units per acre. This reflects the prevailing density of properties in this zoning district, most of which were developed before Moraga incorporated. In addition to increasing the allowable density in this zone, the Town will adjust other development standards to facilitate “missing middle” housing types in highest-resource areas. b) The MSCP 6 DUA zoning regulations are a separate zoning district from the Townwide 6 DUA regulations. This zoning district also presents an opportunity for missing middle housing that should be recognized through changes to existing standards. The Town will revise MCSP-6 DUA to allow narrower lots, clarify FAR requirements, and implement other changes that facilitate missing middle housing in this zone. c) Amendments to the R-12 regulations to facilitate small lot development without requiring PD applications and accommodate a wider density range than minimum 10 DUA and maximum 12 DUA. This should include allowances for smaller and narrower lots and re-evaluating the FARs that currently apply in this zone. d) Amendments to the development standards in the R-20/R-24 district, consistent with the analysis in Chapter 5 of the Housing Element. This should include working with property owner(s) to modify existing zoning standards to ensure that the top end of the density range is achievable on all three parcels with this designation. e) Rescind the Research and Development Overlay District, which is currently mapped on one of the housing sites. f) Analyze the Town’s residential FAR standards, ensure they are objective, and consider moving them from the Moraga Design Guidelines to the Municipal Code. g) In addition to implementing (a) through (f) above by 2025, the Town will review residential development constraints, including but not limited to minimum lot sizes, setbacks, and other standards, every two years and will revise its ordinances as needed if constraints are identified. Program for By-Right Approval on Carry Over Sites In addition to the actions listed above, California Government Code 65583.2(c) includes special requirements for all non-vacant sites included in the last Moraga Housing Element and all vacant sites included in the last two Moraga Housing Elements that have not yet been approved for development but are being counted as housing opportunities in the current Housing Element. Such sites may only be deemed adequate to accommodate a portion of the current lower-income housing need if they are zoned at a density of at least 20 units per acre and allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower-income households. As indicated in Chapter 4, there were no non-vacant sites included in the 2015-2023 Housing Element and there are two vacant sites (D1 and D2) that are being carried over to the 2023-2031 Housing Element. The requirements of §65583.2(c) shall apply to these sites, which are labeled D1 and D2 in Appendix B. Per the provisions of Moraga Municipal Code Section 8.34.080 (Ministerial Review) and 8.34.070 (Objective Design Standards), residential and mixed use projects on these sites in which at least 20 percent of the units are affordable to lower income households shall be approved by right. This State-mandated provision will be expressly stated as part of the Moraga Municipal Code amendments.

Complete amendments to MCSP regulations by December 2023 Complete other amendments, including amendments to the 6 DUA zone to accommodate “missing middle” housing, by January 2025

No Net Loss Monitoring. Consistent with AB 166, the Town shall monitor development activity on all Housing Opportunity Sites identified by this Element to ensure that the zoning capacity to meet the regional housing need is maintained at all times during the 2023-2031 planning period. In the event a project with no lower income units (or fewer lower income units than were assumed in the Housing Element) is proposed on an identified lowerincome housing site, the Town will ensure that sufficiently zoned sites remain in the inventory to meet the remaining unmet need. In the event an adequate supply of sites is not available, the Town shall identify additional Housing Opportunity Sites with the capacity to close the shortfall.

Capacity to meet the RHNA at all times during planning period

Annual Progress Report. The Town shall review and report annually on the implementation of Housing Element programs for the prior calendar year and present the annual report to the Town Council before submitting the annual report to the California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR).

Annual Report

Proactive Outreach to Affordable Housing Developers. The Town shall engage in proactive outreach to affordable housing and affordable senior housing developers to publicize and promote the changes that will be made through the Housing Element Update to facilitate the production of affordable housing and affordable senior housing in Moraga. This outreach will include inviting affordable housing developers to visit housing opportunity sites and promoting any fee deferrals that are available for affordable housing developments. Opportunities for affordable senior housing are a priority and are strongly encouraged.

Production of at least 501 units affordable to low/very lowincome households in high-resource areas to improve residential mobility

Saint Mary’s Partnership. Work collaboratively with Saint Mary’s College to address the housing needs of students, faculty, and staff, including opportunities for new on-campus and off-campus housing in Moraga. Town staff shall meet with college administrators at least once a year to address housing issues and discuss potential partnerships and plans to increase Moraga’s housing supply. The Town will provide technical assistance and support to Saint Mary’s in the event the College seeks to develop its Moraga properties with housing that conforms to the standards in the Municipal Code, General Plan, and other planning documents.

Development of at least 50 units of low- and moderate-income housing serving Saint Mary’s students, faculty, and/or staff

Wildfire Safety and Emergency Preparedness Planning. Continue efforts with the Moraga Orinda Fire District (MOFD) and the Cities of Orinda and Lafayette to reduce wildfire hazards and maintain the capacity to safely evacuate Moraga residents in the event of an emergency. Parts of Moraga have been identified as “very high” or “high” fire hazard severity zones. MOFD review of proposed development in these areas is critical, as are ongoing efforts to reduce fire hazards through vegetation management, creation of defensible space, use of appropriate construction materials, and resident education. During the eight-year planning period, the Town will continue to work collaboratively with partner agencies to improve emergency preparedness, ensure the safe evacuation of households with special needs, and address issues related to evacuation capacity, emergency vehicle access, and post-disaster recovery. This includes addressing the housing needs of displaced persons and the special needs of those with impaired mobility. As part of this program, the Town will support and facilitate the upgrading of fire safety and protection facilities, particularly Station 41 and the MOFD training facility on Moraga Way. Creative opportunities to improve or replace older facilities will be encouraged, potentially through partnerships with the Moraga Unified School District and the Town. In the event facilities are relocated, or land exchanges occur, the Town will support opportunities to incorporate housing for teachers, public safety personnel, and other low- and moderate-income wage earners working in Moraga. The Town estimates that up to 25 low-moderate income housing units could be created through such a program, in the event it is deemed feasible.

No loss of housing units or life due to wildfire

ADU Production. The Town shall take the following actions: a) Streamline ADU Approvals. b) Implement a proactive outreach campaign through direct mailers and by developing a website page dedicated to the ADU permit process. These materials should inform property owners of ADU development standards, permitting procedures, and construction resources, as well as the benefits of ADU construction. c) As part of a community outreach event on housing, provide information on developing ADUs in Moraga. d) Designate a member of Town staff to serve as the Town’s ADU specialist. e) Maintain State-mandated fee reductions and waivers for ADUs (this action is encompassed in Program 29). f) In single family zoning districts (R-6 or lower), allow developers to meet inclusionary housing requirements by including ADUs in at least 25 percent of all new single-family homes. g) Develop a fair housing fact sheet, including information on source of income protections for households using housing choice vouchers, and provide the fact sheet with ADU application materials and on the Town’s ADU webpage.

48 new ADU units in highest-resource neighborhoods (1-DUA, 2- DUA, and 3-DUA zoning) to improve residential mobility in lower density neighborhoods [Footnote 4] Exceeds the RHNA estimate for ADUs, as the Town is setting an aspirational goal of increasing ADU production to a level that is 50 percent higher than the RHNA target for low-density neighborhoods. As indicated in Program 18, the Town’s objective is that at least 40 of the 48 units will be affordable to lower or moderate-income households, consistent with the income distribution shown in Table 4-3. The 48 units shown here are the same as those shown in Program 18.

ADU Tracking. The Town shall maintain a list of existing ADUs within Moraga to understand trends and issues in ADU development, maintenance, and habitation. The Town shall revise its ADU application materials to request that property owners provide information on the anticipated use and rental rate for proposed ADUs and will use this information to track ADU uses and rents. This information shall be tracked throughout the planning period.

48 new ADU units in high-resource neighborhoods, at least 40 of which are affordable to extremely low-, very low-, low-, or moderate-income households to improve residential mobility in lower density neighborhoods (these are the same units listed in Program 16)

Shared Housing. Participate in Eden Council for Hope and Opportunity Housing’s Shared Housing Program or a similar program to improve housing opportunities for lower-income seniors and extremely low-income residents. A Shared Housing program matches persons needing housing with homeowners that have space in their homes. In some cases, rooms are provided in homes for free or reduced rent in exchange for services from tenants. This program will increase residential mobility by providing access to homes in a community where every census tract is considered a “highest resource area.” A shared housing program could prevent displacement of lower-income households, including lower-income seniors and persons with disabilities, that are in need of rental income or minor help with home repairs and maintenance in order to stay in their homes.

Objectives: (a) Develop an outreach program and connect with ECHO to establish a program (b) Connect 10 lower-income Moraga residents with shared housing program participants (c) Focus shared housing efforts on single family neighborhoods, all of which are considered high-income, highest-resource areas.