Moraga Municipal Code Art. 3 Design Review in Land Use Districts Other Than Single-Family Residential

A. Duty to Review. Every application for a land use approval, building permit or other town approval, such as demolition permit, in a land use district other than single-family residential shall be reviewed as provided in this Article 3, except as noted in subsection B below. The purpose of this review is to avoid substandard development and to ensure that improvements within multi-family, institutional and non-residential neighborhoods maintain consistent standards of design and that development is consistent with the criteria adopted under Section 8.72.080, the Municipal Code, and general plan policies.

B. Exceptions. The following changes to existing development are exempt from the review requirement set forth in subsection A above, as long as the construction does not increase gross floor area:

1. Remodeling of existing buildings where exterior form/structure/appearance of the building and gross floor area are unchanged, unless otherwise regulated by this Code;

2. Solar panels, to the extent required by state law, that are sized to meet energy requirements of the building, as determined by the design review administrator;

3. Normal repair and maintenance of existing windows and 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;

4. 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;

5. A satellite dish less than one meter in diameter unless preempted from FCC requirements, not visible from the street;

6. New or relocated electrical panels, 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 not 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;

7. 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;

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

9. New or replacement flooring material, including composite decking, on existing decks, balconies, patios, stairs, and entry porches and stairs;

10. The replacement of existing skylights provided that there is no change in size or location or increase in light spillover to adjacent properties;

11. A new skylight no more than twenty-four (24) inches in any dimension not visible from the street;

12. Parking lot paving, including modifications to size and locations of parking spaces and landscaping to accommodate accessible parking required under the Americans with Disabilities Act;

13. Routine repair, replacement and modification of existing public infrastructure, such as roads, bridges, culverts, retaining walls, drains, sewers, sidewalks, crosswalks, bike lanes, and utilities;

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

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

(Ord. No. 300, § 3(Exh. A), 10-12-2022)

Each applicant shall provide the following, with modifications allowed to ensure the information required is applicable to the proposal:

A. Site plan showing:

1. General location of property,

2. Property boundaries,

3. Existing topography and proposed grading (for property of less than ten (10) acres, a contour interval no greater than five feet and a horizontal map scale of one inch equals fifty (50) feet, or larger, shall be used; for property larger than ten (10) acres, a contour interval no greater than ten (10) feet and a horizontal map scale of one inch equals one hundred (100) feet, or larger, shall be used),

4. All existing and proposed structures, the height of each structure and the number of dwelling units in each structure,

5. All existing and proposed signs,

6. Location and approximate height of all adjacent structures on abutting sites,

7. Location, dimensions and quantity of existing and proposed off-street parking, with a statement indicating whether it conforms to applicable regulations,

8. Existing and proposed vehicular and pedestrian ways, and trails, with grades, widths and types of improvements,

9. Proposed vehicular access between site and public street,

10. Locations, names and widths of abutting streets,

11. Existing and proposed utilities,

12. Existing and proposed recreational facilities,

13. Existing and proposed storm drainage facilities,

14. Location of existing trees on the site with circumference greater than ten (10) inches measured two feet above ground,

15. Locations and heights of existing and proposed retaining walls,

16. Locations and dimensions of trash disposal areas,

17. Roof overhangs,

18. Distances between buildings and from building walls to property lines,

19. Proposed street names;

B. Architectural drawings and project information showing:

1. Floor plans at one-eighth inch or one-fourth inch equals one foot zero inches,

2. Four elevations (or more if necessary) to include all sides of development at no less than one-eighth inch equals one foot zero inches,

3. Landscaping plan, including plant names and sizes and an irrigation plan,

4. Recent photograph (or snapshot) of the site itself and of adjacent properties showing the current condition of the properties,

5. Color and texture chips of actual samples of materials;

C. Additional items may be required by the design review administrator in order to process the application.

D. The design review administrator may provide a written waiver of one or more of the submittal requirements of Section 8.72.070. The board, planning commission and town council may request items previously waived by the design review administrator, as well as items not listed above, prior to action on an application. Additional information which may be requested by the board or the planning commission may include, but is not limited to, the following:

1. Recent photographs of sight line profiles in sufficiently large scale, taken from commonly used vantage points in the town (shopping centers, road intersections, scenic lookouts, etc.) with the outline of the proposed structure in proper scale and perspective, superimposed on it,

2. Architectural drawings showing the location, size, color, shape and type of illumination of each proposed sign.

3. Story poles that represent the outline of proposed structures and buildings.

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

A. The reviewing authority shall consider the following aspects of each application 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 walls, screens, towers and signs;

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

5. Colors and materials on the exterior face of building or structure, 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.

B. The standards to be used by the reviewing authority in reviewing applications are whether:

1. The structure conforms with good taste, good design 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 structure will be protected against exterior and interior noise, vibrations and other factors which may tend to make the environment less desirable;

3. The exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;

4. The structure is in harmony with proposed developments on land in the general area.

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

A. The design review administrator shall review design review applications involving minor changes to an existing developed property that do not increase floor area.

1. If the design review administrator finds that the application is consistent with the standards set forth in Section 8.72.080(B), the design review administrator shall approve the application and may authorize issuance of the building permit or other permit.

2. If the design review administrator finds the application is inconsistent with the standards set forth in Section 8.72.080(B), the design review administrator shall deny the application and advise the applicant that the project can be appealed to the design review board pursuant to Section 8.72.160.

3. If the design review administrator is in doubt as to whether the application is consistent with the standards set forth in Section 8.72.080(B) or determines that the application should be considered by the board, the design review administrator shall notify the board and the board shall at its next scheduled meeting act upon the application.

B. The board shall review design review applications other than those reviewed by the design review administrator pursuant to Section 8.72.090(A) and applications referred by the design review administrator pursuant to Section 8.72.090(A)(3).

1. If the board finds that the application is consistent with the standards set forth in Section 8.72.080(B), the board shall approve the design review application.

2. If the board finds the application is inconsistent with the standards set forth in Section 8.72.080(B), the board shall deny the design review application.

3. As to any application considered under this section, the board may request consideration of the design review by the town council and the matter shall be noticed for the next regular town council meeting with an open agenda. The decision of the town council shall be final.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013; Ord. No. 287, § 9, 2-26-2020)