Moraga Municipal Code § 8.72.055 Heightened Design Review for Elevated Pads

A. Duty to Review. Every application for a land use approval, building permit or other town approval, such as demolition permit, in a single-family land use district where the proposed construction is either aboveground or materially alters the existing grade, except as noted in subsection B below, shall be reviewed as provided in this Article 2. The purpose of this review is to avoid substandard development and to ensure that improvements within residential neighborhoods maintain consistent standards of design and that development is consistent with the standards adopted under Section 8.72.050, the Municipal Code, and general plan policies.

B. Exceptions. The following are exempt from the review requirement set forth in subsection A, above:

1. Remodeling of existing buildings where the use of the property and exterior form/structure/appearance of the building is unchanged, unless otherwise regulated by this Code;

2. The replacement of an existing feature not involving a change in location or a change in size of no more than ten percent, including, but not limited to, windows (including box and bay windows), doors, garage door replacement, and the installation of a new garage door for a garage that does not currently have one;

3. The removal of a window or door, or the reduction in size of a window or door within the existing window or door opening, provided that the wall is patched and painted to match the surrounding wall;

4. Normal repairs, replacement and maintenance of existing construction, so long as there is no substantial change in the materials, design and size of the feature being repaired or replaced except as required by the State Building Code;

5. Minor construction-related changes to previously approved plans that are architecturally compatible with approved new construction and existing construction, so long as the prior written approval of all affected adjacent neighbors has been obtained by the property owner and provided to the design review administrator;

6. A satellite dish less than one meter in diameter unless preempted from FCC requirements;

7. A change in roof material, provided that the new roof material is not a reflective color or surface, and only one material is visible from view off-site, unless required by the State Building Code;

8. New or relocated electrical panels that are no greater than two hundred (200) amps, gas meters or alarm boxes, provided that they are not located on the front wall, street-facing side wall, or area of a side wall containing the front door, unless the panel is visible from the street; and such panels, meters, and boxes, together with any exposed lines and/or conduit, are painted to match the structure color;

9. The demolition and/or removal of (a) outdoor features including accessory structures, pools, decks, solar panels and equipment, and exterior lighting; and (b) exterior architectural elements including chimneys, skylights, vents, chases, stacks, and conduit, provided that the area is patched and painted to match the adjacent wall, eave, or roof material;

10. The installation of downward-directed low voltage path lights and stair lights, and downward-directed wall lights of a maximum sixty (60) watts that have an opaque shade that completely covers the light bulb;

11. New or relocated low-profile flues, vents and spark arrestors that are mounted on the wall or roof, not including wall-mounted plumbing lines or stacks, that have no exterior fans or blowers, provided that the vents/flues/spark arrestors project less than twelve (12) inches and are painted to match the adjacent wall, roof or chimney color. Roof-mounted attic or ridge vents may be covered in the matching roof material in lieu of painting;

12. New or relocated crawl space access doors that are not full height and not located on the front wall of a house and painted to match the house color;

13. New or replacement flooring, framing or structural members or materials on existing decks, balconies, patios, stairs, and entry porches and stairs, so long as the work does not result in an increase in the floor area or elevation of these features;

14. New or replacement skylights;

15. New or replacement solar tubes;

16. Replacement of a masonry chimney provided that it matches other chimneys on the residence or the adjacent building material and is similar in size to the original chimney;

17. Solar panels that are governed by state law;

18. Any electric vehicle charging station pursuant to Government Code Section 65850.7; and

19. Any change to an existing structure or feature that is similar to the above exemptions, does not increase floor area and does not impose potential impacts on adjacent properties, as determined by the design review administrator.

C. Application submittal requirements shall be as set forth in Section 8.72.070.

D. Procedure for review.

1. Except as provided in Section 8.72.040 or elsewhere in the Moraga Municipal Code, the design review administrator shall review design review applications for projects not requiring review by the board, planning commission or town council pursuant to this chapter or other provisions of the Moraga Municipal Code.

a. If the design review administrator finds that the application is consistent with the standards set forth in Section 8.72.050, the design review administrator shall approve the application and may authorize issuance of the building permit, land use permit or other permit.

b. If the design review administrator finds the application is inconsistent with the standards set forth in Section 8.72.050, the design review administrator shall deny the application.

c. If the design review administrator is in doubt as to whether the application is consistent with the standards set forth in Section 8.72.050 or determines that the application should be considered by the board, the design review administrator shall notify the board and the board shall act upon the application.

2. The board shall review design review applications other than those reviewed by the design review administrator pursuant to Section 8.72.030(D)(1) and applications referred by the design review administrator as provided by Section 8.72.030(D)(1)(c).

a. If the board finds that the application is consistent with the standards set forth in Section 8.72.050, the board shall approve the design review application.

b. If the board finds the application is inconsistent with the standards set forth in Section 8.72.050, the board shall deny the design review application.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013; Ord. No. 287, § 9, 2-26-2020; Ord. No. 300, § 3(Exh. A), 10-12-2022)

A. Subdivisions. In the case of a single-family residential subdivision where the subdivider intends to build single-family residences and at the time of the subdivision approval process has prepared building designs, the design review process may be undertaken concurrently with the subdivision approval process, with the procedure for review as set forth in Section 8.72.030(D)(2).

B. Single-Family Residences. The board shall review the design of the building and the appurtenant structures proposed in an application for a building permit for a single-family residence. The purpose of this review is to avoid substandard development and to ensure that improvements within residential neighborhoods maintain consistent standards of design and to ensure that development is consistent with criteria adopted under Section 8.72.050. The procedure for review shall be as provided in Section 8.72.030(D)(2).

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)

A. The following aspects of each application shall be considered to the extent that they are applicable to the proposal:

1. Maximum height, lot coverage and setbacks (if not covered in the zoning ordinance);

2. Overall mass and bulk of structures;

3. Special features of the development, such as fences, walls, and screens;

4. Effective concealment and sound attenuation of exposed mechanical and electrical equipment;

5. Colors and materials on the exterior face of the building or structures, striving for a limited number of colors and materials for each project;

6. Avoidance of repetition of identical entities whenever possible;

7. Harmonious relationship with existing and proposed adjoining developments, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted;

8. Pleasing landscaping which incorporates existing landscaping and terrain as a complement to the structure, using plants which thrive in the Moraga climate and which are large enough in size to be effective;

9. Compliance with Chapter 8.132 (scenic corridors);

10. Impact on neighboring properties;

11. Impact on public safety; and

12. Harmony with the general plan, design review guidelines and floor area ratio guidelines.

B. The standards to be used in reviewing the application are whether:

1. The proposed improvement conforms with good design as set forth in the town of Moraga design guidelines, and in general contributes to the character and image of the town as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality.

2. The proposed improvement will not have a substantial adverse effect on neighboring properties or the community due to poor planning; neglect of proper design standards; or the existence of building and structures unsuitable to and incompatible with the character of the neighborhood and the character of the community.

3. The proposed improvement will not lower property values; discourage the maintenance and improvement of surrounding properties; or preclude the most appropriate development of other properties in the vicinity.

4. The proposed improvement will not impair the public health, safety or welfare.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)

A. When Required. Heightened design review is required for new subdivisions, multi-family dwellings, and single-family residences where the modified grade of a home site (building pad) exceeds existing grade.

B. Submittal Requirements. The town shall require applicants to prepare visual simulations and submit information and materials as deemed necessary to determine that findings required in Section 8.72.055.C can be made. The town may require visual simulations, photo-realistic renderings, technical studies, and installation of story poles beyond minimum town requirements to assess project compliance with town policies and guidelines for hillside development.

C. Findings. To approve a project with elevated pads subject to heightened design review, the reviewing authority shall make all of the following findings:

1. The increase in pad elevation is necessary to allow for the number of lots determined appropriate by the town for the project site.

2. The increased pad elevation is the minimum feasible to reasonably accommodate the proposed development.

3. The project incorporates enhanced design features to minimize the visual prominence of homes on elevated pads, maintain public views of hillsides and ridgelines, and blend with the natural setting.

(Ord. No. 277, § 2, 4-25-2018)