The purpose of this chapter is to provide guidelines and approval procedures for the development and improvement of land located within major scenic corridors designated by the scenic highways element of the general plan.

(Prior code § 8-5801)

A.

Land located within five hundred (500) feet of a major scenic corridor as designated in the general plan is subject to the regulations set forth in this chapter.

B.

The following routes and corridors are designated in the general plan as major scenic corridors:

1.

St. Mary's Road;

2.

Canyon Road;

3.

Moraga Way;

4.

Moraga Road;

5.

Rheem Boulevard;

6.

Camino Pablo;

7.

Bollinger Canyon Road;

8.

Donald Drive (along ridgeline of Mulholland Hill).

(Prior code § 8-5802)

The requirements of this chapter are imposed in addition to other rules and regulations of the municipal code.

(Prior code § 8-5803)

A.

The following structures and features in areas described in Section 8.132.020 are subject to regulation under this chapter by the design review board:

1.

A building;

2.

Exterior addition to an existing building;

3.

A wall, fence or tower three feet or more in height above existing ground or above finish grade after grading;

4.

A sign;

5.

Traffic signs and signals;

6.

Public utility installations as described in Section 8.72.180;

7.

Landscaping which covers an area of two acres or more or landscaping as referred by the town planner; and

8.

Any other prominent objects such as sculptures and sculptural elements.

B.

Exceptions to the requirements of subsection A of this section may be granted by the zoning administrator for the following:

1.

A real estate sign which conforms to the town sign regulations and which is installed temporarily for the sale or lease of a property;

2.

A building, exterior addition, wall fence or sign which is not visible from the roadway of a scenic corridor;

3.

Temporary special event or promotional signs as may be permitted under Section 8.88.240;

4.

A sign defined as an exempt sign under Moraga Municipal Code Section 8.88.160;

5.

A sign that is determined by the design review administrator to conform to the design guidelines adopted by the planning commission.

(Ord. 201 § 1, 2004; prior code § 8-5804)

A.

The objective of this chapter is to develop corridor aesthetics in keeping with those of a residential community.

B.

Development or improvements within a major scenic corridor and subject to regulation under Section 8.132.040 shall comply with the following guidelines:

1.

The design and location of each building and landscaping shall create a compatible visual relationship with surrounding development and with the natural terrain and vegetation. Road widths and road configurations should be considered as part of the design element.

2.

Buildings and landscaping shall be so located that each does not create a walled effect along the scenic corridor. Setbacks and building heights may be made more restrictive than otherwise permitted by the applicable zoning regulations. In general, the greater the mass or bulk, the greater the setback should be. The positioning of buildings shall be varied in order to create a complementary relationship between mass and void.

3.

Buildings shall be located and designed to maintain views of distant hillsides and ridgelines while allowing for an appropriate intensity of development consistent with the intent of the applicable zoning district and general plan designation.

4.

To the extent appropriate and feasible, development shall comply with guidelines in Section SC2: Scenic Vistas in the town design guidelines and standards.

5.

Each structure or feature reviewable under this chapter shall be limited in scale and siting to reduce visual dominance or obstruction of existing landforms (particularly hillside areas and ridgelines), vegetation, water bodies and adjoining structures.

6.

Existing topography, vegetation and scenic features of the site shall be retained and incorporated into the proposed development wherever possible. Manmade structures, as a visual element in the scenic corridor, should be secondary in importance to natural growth.

7.

Each structure or feature reviewable under this chapter shall be limited to scale and siting to reduce visual dominance or obstruction of existing landforms, vegetation, water bodies and adjoining structures.

8.

Each structure shall be constructed, painted and maintained and all planted material shall be planted and maintained to complement and enhance scenic views and the natural landscape.

9.

Unnatural and conflicting aesthetic elements shall be eliminated to the extent feasible consistent with safety requirements (for example, retain street lighting, but place wiring underground). Where it is not possible to locate such a feature out of view, it must be located in an area so as to minimize visibility from a scenic corridor or screened from view by planting, fence wall or berm. Where the screen consists of a fence, wall or berm, it may not be higher than six feet. Screening shall consist of primarily natural materials rather than solid fencing. Preference shall be given vegetation in conjunction with a low earth berm.

10.

Lighting shall be compatible in type, style and intensity to the surrounding elements and not cause undue or aggravating disruption, glare and brightness.

11.

Grading or earth-moving shall be planned and executed in such a manner that final contours appear consistent with a natural appearing terrain. Finished contours shall be planted with plant materials native to the area so that minimum care is required and the material is visually compatible with the existing ground cover.

12.

The number of access points to and from the scenic corridor shall be minimized consistent with safety and circulation needs.

13.

Parking on the scenic corridor roadways should be minimized.

14.

Each specimen tree and each grove of trees may be approved for removal only if the tree or grove of trees is unsafe or diseased or to provide the smallest cleared area necessary to locate an approved road or structure on the site under guidelines of the tree preservation ordinance. Selective clearing of vegetation may be permitted upon review and approval by the design review board.

15.

In applying these guidelines, consideration shall be given to protecting the privacy and security requirements of individual property owners who seek approval for improvements under this chapter.

(Prior code § 8-5805)

(Ord. No. 277, § 2, 4-25-2018)

The design review board may adopt specific standards applicable to scenic corridors.

(Prior code § 8-5806)

The procedures in this section apply to owners or developers of property less than ten (10) acres in size.

Before a structure or feature under subsection 8.132.040(A) is constructed or installed, the applicant shall submit a plan or detailed description of the proposed structure or feature to the design review board. The design review board shall review the proposed improvement and shall: (1) approve; (2) disapprove; or (3) approve with conditions. The applicant may proceed with the improvements, subject to complying with all other permit requirements, obtaining approval or by complying with conditions of approval.

(Prior code § 8-5807)

The procedures in this section apply to owners or developers of property which is ten (10) acres or more in size.

An applicant proposing to develop property within a major scenic corridor shall file and receive approval of a conceptual development plan in accordance with the procedure set forth in Sections 8.48.080 and 8.48.090.

The approval process under this chapter may be undertaken concurrently with approval under Chapter 8.48.

(Prior code § 8-5808)

A.

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

B.

Right to Appeal. A decision of the design review board may be appealed to the town council.

C.

Time and Place for Filing Appeal. A person desiring to appeal an action taken under this chapter shall do so by filing written notice of appeal with the town within ten days after the decision. If no appeal is filed, the decision on the application is final.

(Prior code § 8-5809)

(Ord. No. 287, § 10, 2-26-2020)