A.

Findings. The town council finds that:

1.

The appearance of open spaces, buildings and structures has a material and substantial relationship to the health, safety and general welfare and that properties characterized by one or more of the conditions set forth in subdivision (2) of this subsection affect the health, safety and general welfare of the town;

2.

Neighborhoods can and will deteriorate because of poor planning, neglect of proper design standards, the existence of buildings and structures unsuitable to and incompatible with the character of the neighborhood and the character of the community. This has resulted in the lowering of property values, the discouraging of maintenance and improvement of surrounding properties, has precluded the most appropriate development of other properties in the vicinity, and has impaired the public health, safety and welfare;

3.

The quality of life and stable property values are enhanced by good quality design. The town should take positive steps to encourage quality design in all land use districts.

B.

Statement of Policy. It is the policy of the town to prevent deterioration and to preserve and enhance property values, the visual character of the community and the public health, safety and welfare of its citizens.

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

The purpose of this chapter is to provide for the review of the design of projects proposed in all land use districts, including projects that meet thresholds for design review pursuant to Chapter 8.132, Scenic Corridors, Chapter 8.136, Hillside Development, Title 14, Grading, and Chapter 8.88, Signs and Outdoor Advertising, and projects requiring land use review by the planning commission, such as those under Chapter 8.52, MOSO and non-MOSO open space, and variance and conditional use permit regulations. Design control should be the minimum necessary to achieve the objectives of the chapter and the policy of the town.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013; Ord. No. 277, § 2, 4-25-2018)

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)

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)

A.

Single-Family Residential. The authority reviewing the application in a single-family residential land use district shall, in the case it denies approval, make written findings and provide a copy to the applicant within ten calendar days of the decision.

B.

Other than Single-Family Residential. The authority reviewing the application shall make written findings for its decision.

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

Before a decision to approve is made at any level of review (except where a decision is on appeal to the planning commission or town council), a planning commissioner may request that the matter be heard by the planning commission. The planning commission shall make the final decision pursuant to Section 8.72.080. Written notice that the planning commission has taken over the processing of the application shall be given to the applicant and to each person who has filed a written request for notice with the town planner.

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

The reviewing authority may impose conditions to the granting of approval of design review if it finds that the application does not meet the applicable design review standards or design guidelines.

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

The requirement for the giving of notice under this chapter is as follows:

A.

For design review in single-family residential land use districts:

1.

Notice of the time and place when the design review administrator intends to review the application or present it to the board (Section 8.72.030);

2.

Notice of the time and place when the reviewing authority, such as the planning commission if it has taken over processing of the application, will consider the matter (Section 8.72.110);

B.

For design review in land use districts other than single-family residential:

1.

Notice of the time and place when the authority reviewing the application intends to hear and decide the application (Section 8.72.090);

2.

Notice of the time and place when the planning commission will consider the application if the board has notified the planning commission that it is in doubt as to whether the application is consistent with the standards in Section 8.72.080(B) or the planning commission has taken over processing of the application (Sections 8.72.090 and 8.72.110).

C.

For a hearing on an appeal: notice of the time and place when the body to which a matter is appealed will hear the appeal (Sections 8.72.160 and 8.72.170).

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

The planning director shall ensure proper noticing required by this article. The form of the notice shall contain:

A.

The time and place of the hearing;

B.

A general explanation of the matter to be considered including a description of the area affected;

C.

Any other information the planning director considers necessary or desirable.

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

Unless otherwise specified, the notice of the time and place of the hearing shall be given by mailing notice postage prepaid at least ten calendar days before the hearing to the applicant, to each person who has filed a request for notice with the town planner and in the case of an appeal to the party filing the appeal.

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

A.

Right to Appeal. Any person aggrieved by the action of the reviewing authority may appeal the action to the next highest reviewing authority as prescribed in this section. If no appeal is filed, the action taken on the application is final.

B.

Appeal of Design Review Action in all Land Use Districts. The decision of the design review administrator approving or disapproving the issuance of a building permit may be appealed to the design review board. The action of the design review board may be appealed to the town council.

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

A person desiring to appeal an action taken under this chapter shall do so by filing a written notice of appeal and payment of appeal fee with the town planner within ten calendar days after the action taken which is the subject of the appeal.

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

The board shall review the design of each above ground installation of equipment proposed to be installed in the public right-of-way which will exceed twenty-four (24) inches in height above existing grade. The requirement for design review does not apply to street lights; power poles; town-initiated repair, replacement and modification of infrastructure that is included in the capital improvement program (CIP), deemed routine by the design review administrator and approved by the town council; electric vehicle charging stations; or traffic signals. The town council may refer any portion of an approved or proposed CIP to the design review board for recommendation.

Submittal requirements shall be as set forth in Section 8.72.070. Except as required by Section 8.72.200, the design review process shall, to the extent practicable, be combined with the procedure for issuance of an encroachment permit as provided in Division 1002 of the County Ordinance Code as adopted by reference.

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

The board shall consider and apply Section 8.72.080, to the extent applicable, in reviewing an application.

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

A.

The design review board shall hear and consider the application after giving notice to the applicant and to each owner of private property which is adjacent to the proposed installation. Notice shall be given not less than ten working days in advance of the date when the board intends to act on the application.

B.

The board may impose conditions to the granting of approval of design review, if it finds that the application does not meet the applicable design review standards or design guidelines.

C.

If the board denies approval, it shall make written findings and provide a copy to the applicant within ten days of the decision.

D.

Sections 8.72.160(A) and 8.72.170, relating to appeals, apply to the decision of the board.

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

A person who builds or maintains a building or structure in violation of the requirement of design review approval prescribed in this chapter shall be subject to code enforcement as provided in Section 1.24.020. Each day a violation exists shall be considered as a separate offense.

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