D E S I G N
R E V I E W
B O A R D
S
T
A
F
F
R
E
P
O
R
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FOR BOARD ACTION
JULY 14, 2014
66 Corte Yolanda
Design Review #19-2014 to retroactively approve an eleven foot (11’) tall
gazebo in the side yard setback. (1-DUA, ENS)
I.
Application Basics
A. Zoning Permits Required:
· Design Review, under Moraga Municipal Code (MMC) §8.72.030-A for the
placement of an accessory structure taller than six feet (6’) in height within a
required setback.
B. CEQA Determination: Categorically exempt pursuant to Section 15301 of the
CEQA Guidelines (“Class 1, Existing Facilities”)
C. Parties Involved:
· Applicant/Property Owners
Mark and Karen Chiarucci, 66 Corte Yolanda,
Moraga, CA 94556
Figure 1: Vicinity Map
329 Rheem Boulevard  Moraga, CA 94556  (925) 888-7040  [email protected]  www.moraga.ca.us
66 CORTE YOLANDA
Page 2 of 6
DESIGN REVIEW BOARD
JULY 14, 2014
Table 1: Land Use Information
Location
Existing Use
Zoning District
General Plan Designation
Subject Property
Single family residence
1-DUA
Residential 1 du / ac
Surrounding
Properties
Single family residences
1-DUA
Residential 1 du / ac
Single family residences
1-DUA
Residential 1 du / ac
North,
East
South,
West
Table 2: Project Chronology
Date
Action
April 16, 2014
Application for Administrative Design Review submitted (ADR 18-14)
May 15, 2014
Additional materials submitted
May 28, 2014
Applicant request retroactive approval of gazebo (DRB 19-14)
June 6, 2014
Administrative Design Review approved (ADR 18-14)
June 30, 2014
Hearing notices mailed and posted
July 14, 2014
Design Review Board public meeting
II.
Project Setting
A.
Neighborhood/Area Description: The project site is located at the end of a cul-de-sac
that extends up the hillside from Calle La Mesa. The neighborhood is characterized by
one- and two- story, ranch style homes. The homes utilize tile or shingle roofs and
stucco and vinyl siding with stone or brick accents. Many of residences have pools,
decks and other accessory structures in the rear yards. Ornamental landscaping and
lawn areas are common in the front yard and along the interior property lines is fencing
and a mixture of decorative and screening landscaping.
B.
Site Conditions: The residence was built in 1968, under the Contra Costa County R-15
zoning district. The residence and lot are legal non-conforming due to the lot size, width
and depth, and the front and side setbacks of the 1 DUA zoning district. The property
contains concrete and stone patio areas, pool, spa, and built-in barbeque, in addition to
the existing gazebo in the rear yard of the residence. The property is landscaped with
lawns and shrubs and trees. A six-foot fence encloses the back yard and low trees
screen the yard along the east and south property line. Since the subject lot is on a
slope, the project sites is higher in elevation than the neighboring property to the west
(60 Corte Yolanda) and lower than the neighboring property to the east (72 Corte
Yolanda).
An existing gazebo is located seven feet (7’) from the east (side) property line
(Attachment B). The gazebo is elevated above the flat pad of the yard, the pool and
patio, and is connected to the patio by a short flight of stairs. There are small trees to the
rear and side of the gazebo, along the property line and a small rock wall in front of the
gazebo. The structure measures twelve feet (12’) in width by 16 feet (16’) in depth and
DESIGN REVIEW BOARD
July 14, 2014
66 CORTE YOLANDA
Page 3 of 6
eleven feet (11’) in height. The wood gazebo has a peaked roof structure that is covered
with wood lattice and open wood railing (Figure 3 and 4).
Figure 2: Aerial View of 66 Corte Yolanda
Gazebo
III. Project Description
The project consists of approval of the existing gazebo in the eastern side yard area of the
property. No existing landscaping would be altered and no new landscaping is proposed.
At the time of purchasing the residence, the property owners were unaware that the gazebo
did not conform to setbacks for accessory structures, under Moraga Municipal Code (MMC)
§8.24.040-B. In April the owners submitted an application for Administrative Design Review
to construct a 246-square foot addition to the second story of the home and install new
windows and doors. Planning Department staff noticed that on the site plan there was a shed
and a gazebo over six feet in height in the side setbacks. Planning Department staff informed
the property owners that the setback for an accessory structure measuring taller than six feet
(6’) in height in the 1 DUA zoning district was 20 feet (20’) for the side yard setback. Staff
also informed the owners that as a condition of approval of the Administrative Design Review
permit for their addition that all accessory structures over six feet (6’) in height must be
located outside the side setback, unless approved by the Design Review Board per MMC
§8.24.040 B.
From aerial photos of the property, it appears the gazebo has been present on the site since
2000. However, the applicant and staff were unable to locate documents or permits that
clarified when it was installed. Since the gazebo is not easily relocated, and is a desirable
File: P:\Agenda Packets DRB\2014\071414\66 Corte Yolanda Accesory Structure\DRB 19-14 Staff Report_ENS.docx
66 CORTE YOLANDA
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DESIGN REVIEW BOARD
JULY 14, 2014
feature to the homeowners, they requested that the project be presented to the Design
Review Board for approval of the structure within the required twenty foot (20’) side yard
setback.
Figure 3: View of Gazebo Facing East
Figure 4: View of Gazebo Facing South
IV. Community Discussion
The public meeting notice was mailed to 30 property owners within a 300-foot radius of the
site and posted at the site on June 30, 2014. At the time of this staff report, no comments
were submitted.
V.
Issues and Analysis
Staff reviewed the project for conformance with the Moraga Municipal Code (MMC), General
Plan, and Design Guidelines.
A.
Moraga Municipal Code: The project is subject to design review because it involves the
location of an accessory structure within a required side yard setback. The property is
located in the One Dwelling Unit per Acre (1-DUA) zoning district. The zoning code
requirement for a freestanding accessory structure is found in MMC §8.24.040 (B),
which states that
DESIGN REVIEW BOARD
July 14, 2014
66 CORTE YOLANDA
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“The minimum side yard setback for an accessory structure of six feet or less in height
is three feet if the structure is set back at least fifty (50) feet from the front property
line. The minimum rear yard setback for an accessory structure of six feet or less in
height is three feet. An accessory structure higher than six feet is permitted within
these setback areas upon approval by the design review board.”
MMC §8.24.040 (B) gives the Design Review Board authority to consider and decide
proposals to place accessory structures within a required setback rather than requiring a
variance.
B.
Design Guidelines: Within the Design Guidelines, under the design philosophy, a goal
of design review in single family residential neighborhoods is to ensure that
development reflect the existing neighborhood and does not create adverse impacts on
adjacent properties or the neighborhood. Design Guideline SFR 1.3 specifically
addresses accessory structures, as follows:
“Accessory structures should complement the main structure unless the accessory
structure cannot be seen from neighboring properties. Landscaping may be required to
screen the accessory structures from view off site.”
The wood gazebo is complimentary to the use of the rear yard for recreation and leisure
and is compatible with the character of the single family neighborhood. The structure is
located at least seven (7’) feet from the side and twenty-one (21’) feet from the rear
property lines and is screened from view from the neighboring properties by the
residence, fencing and vegetation. The level of privacy, access to light and air and
shade for the surrounding properties would be unchanged by the location of the gazebo.
Furthermore, while the neighborhood is zoned 1-DUA, it was developed under the
County R-15 zoning district. Therefore the smaller setback for an accessory structure
would not be inconsistent with the existing neighborhoods pattern of development.
C.
General and Area Plan Consistency: The following policy of the 2002 General Plan
applies to the project:
1. Policy LU1.1–Neighborhood Preservation: Protect existing residential neighborhoods
from potential adverse impacts of new residential development and additions to
existing structures.
Staff Analysis: The structure utilizes existing fencing and landscaping to screen a
majority of the structure from offsite views. A gazebo would be consistent with the
recreation and leisure uses that are normal for a rear yard in a single family district.
VI. Recommendation
Because of the project’s consistency with the Zoning Ordinance and General Plan, and
minimal impact on surrounding properties, staff recommends that the Design Review Board
approve the attached draft action memorandum to approve DRB 19-14 with conditions
pursuant to MMC Section 8.72.080 subject to findings and conditions of approval.
File: P:\Agenda Packets DRB\2014\071414\66 Corte Yolanda Accesory Structure\DRB 19-14 Staff Report_ENS.docx
66 CORTE YOLANDA
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Attachments:
A. Draft Action Memorandum
B. Site Plan
Staff Planner: Ella Samonsky, [email protected], (925) 888-7042
Reviewed by: Shawna Brekke-Read, [email protected], (925) 888-7043
DESIGN REVIEW BOARD
JULY 14, 2014
ATTACHMENT A
DRAFT ACTION MEMO
Town of Moraga
PLANNING DEPARTMENT
329 RHEEM BOULEVARD
MORAGA, CA 94556
(925) 888-7040
DESIGN REVIEW BOARD ACTION MEMORANDUM
On July 14, 2014, the Town of Moraga Design Review Board considered the application
described below:
DRB 19-14 – Mark and Karen Chiarucci (Applicant), 66 Corte Yolanda:
Design Review #19-2014 to retroactively approve an eleven foot (11’) tall
gazebo in the side yard setback.
DESIGN REVIEW BOARD ACTION:
The DESIGN REVIEW BOARD hereby grants approval of the project at 66 Corte Yolanda in
accordance with the following findings and conditions of approval:
PART 1: DESIGN REVIEW FINDINGS:
The findings below are required in accordance with Planning Commission Resolution 16-01
in order for the Design Review Board to approve an application within a single-family
residential district:
1. The proposed improvements conform 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 because the wood gazebo is screened from offsite
views by the house, fencing or vegetation.
2. The proposed improvements will not have a substantial adverse affect 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 because an accessory shade structure, such as the gazebo, is
compatible with the residential character of the neighborhood. The structure is located
7 feet from the side and 21 feet from the rear property lines and does not negatively
affect the level of privacy, access to light and air and shade for the surrounding
properties.
3. The proposed improvements 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 because the gazebo is
located within the rear yard and is not visible from offsite, it will not affect or preclude
Page 1 of 2 – Final Action Memorandum for 66 Corte Yolanda (File No. DRB-19-14)
appropriate development in the One Dwelling Unit per Acre (1-DUA) Residential
zoning district.
4. The proposed improvements will not impair public health, safety or welfare
because the proposed project is an accessory structure compatible with residential
uses that does not include component that will create disruptive noise, dust, glare or
odors.
PART 2: CONDITIONS OF APPROVAL:
Applicant Responsible for Compliance with Conditions
1.
The applicant shall ensure compliance with all of the following conditions. Failure to
comply with any condition may result in issuance of a citation, and/or modification or
revocation of the approval.
At All Times
2.
The applicant shall not change the height, dimensions or location of the gazebo without
approval of the Design Review Board.
3.
No exterior lighting is approved on or in the gazebo. Any new exterior lighting is subject
to staff review and approval. Outdoor lighting shall be shielded and directed downward
and inward toward the property and may require additional screening to avoid spillage
onto adjacent residential properties.
4.
This permit and each condition contained herein shall be binding upon applicant and any
transferor, or successor in interest.
Design Review Board action is appealable to the Planning Commission within ten (10)
calendar days after the date of the decision. Questions regarding the action of the Board
should be directed to the Planning Department at (925) 888-7040.
__________________________
Shawna Brekke-Read
Planning Director
Page 2 of 2 – Final Action Memorandum for 66 Corte Yolanda (File No. DRB-19-14)
ATTACHMENT B
SITE PLAN