Moraga Municipal Code § 8.124.170 Administrative adjustment

The purpose of this article is to provide procedures and standards for the review and approval of ADUs that do not meet one or more of the development and/or design standards set forth in Sections 8.124.130 and 8.124.140, respectively. The intent of these procedures is to reasonably allow such units to be established, subject to administrative adjustment or discretionary review, even when they would not qualify for ministerial review and approval pursuant to the requirements of state law, thereby increasing the opportunities for ADUs to be developed in the town.

(Ord. No. 296, § 3, 4-14-2021)

This article is only applicable to provide alternative processes to the statutory requirements for ministerial review, and to thereby provide for minor administrative adjustments and a system of discretionary review in a manner designed to increase opportunities for ADUs to be developed in the town beyond that which is required by state law. In no event shall this article be interpreted to expand or otherwise amend the requirements for ministerial review set forth in Article 3.

(Ord. No. 296, § 3, 4-14-2021)

A. Allowable Adjustments. The planning director may approve a minor adjustment to the development or design standards applicable to an application for an attached or detached standard ADU governed by Article 3, to the extent identified in Table 8.124-1. Only a maximum of two of the allowable adjustments may be granted for such an ADU per parcel. A request for more than two adjustments or that exceeds the adjustment limitations identified in Table 8.124-1 may not be reviewed under Article 3, governing ministerial review, and this Section 8.124.170 and shall require an application for a conditional use permit in accordance with Section 8.124.180.

Table 8.124-1: Allowable Adjustments

B. Application. An application for an administrative adjustment shall be made to the planning department pursuant to the procedures set forth in Chapter 8.12.

C. Findings and Decision. The planning director shall, after notice and hearing in accordance with the procedures set forth in Government Code Section 65905, approve, approve with conditions or deny an adjustment application. The director may approve an adjustment application, with or without conditions, only after the following findings are made:

(1) The adjustment would allow for an ADU of superior design, livability or quality than could be constructed without the adjustment.

(2) The ADU will not adversely affect the privacy, light, air or views of neighboring properties.

(3) The adjustment will not be detrimental to the public health, safety and welfare.

(4) The ADU complies with the other applicable standards set forth in Sections 8.124.130 and 8.124.140.

D. Appeal. The decision of the planning director may be appealed, in accordance with the procedures set forth in Chapter 8.12.

(Ord. No. 296, § 3, 4-14-2021)

A proposed attached or detached ADU that an applicant seeks to establish that does not comply with the development standards set forth in Section 8.124.130 may be allowed subject to a conditional use permit. The applicant shall be required to obtain a building permit prior to the construction of any attached or detached ADU for which a conditional use permit is required, and shall also meet the requirements set forth in Article 5 of this chapter. Design review for such attached or detached ADUs may also be required pursuant to Section 8.124.190. An application for a conditional use permit (CUP) for an ADU subject to this Article 4 shall be processed in accordance with Chapter 8.12 of the Moraga Municipal Code, except as expressly set forth in this Section 8.124.180 and Section 8.124.190. In addition to the required findings set forth in Section 8.12.120, the following supplemental findings shall also be made prior to the issuance of a CUP for an attached or detached ADU:

A. There shall be no more than one ADU or JADU per lot.

B. The area within the development footprint of the proposed ADU, including the area required for the unit, associated grading, and outdoor living space, will not have an average predevelopment slope greater than twenty (20) percent.

C. The interior living area of an attached or detached ADU shall be at least one hundred fifty (150) square feet and not more than eight hundred fifty (850) square feet for an ADU with one bedroom or less and up to one thousand (1,000) square feet that is more than one bedroom.

D. The square footage of an attached ADU shall not exceed fifty (50) percent of the pre-existing interior living area of the existing primary unit, calculated before the addition of the attached ADU, subject to the authority of the reviewing body to apply a more restrictive standard where it is deemed appropriate to do so.

E. The ADU will comply with all of the required setbacks of the applicable zoning district.

F. The owner of the property upon which the ADU is located will occupy either the primary unit or the ADU, unless the applicant establishes by substantial evidence to the satisfaction of the planning director that strict application of the requirement on a temporary basis would constitute a hardship warranting an exemption to this requirement.

G. At least one dedicated off-street parking space for the ADU, which may be covered, uncovered, or provided as tandem parking, will be provided, except that no off-street parking space is required when one of the circumstances described in Section 8.124.130(L)(4) would apply,

H. The ADU complies to the extent practicable with the standards set forth in Sections 8.124.130 and 8.124.140.

I. Provisions have been made for a deed restriction as provided in Article 5 of this chapter to be recorded against the property.

(Ord. No. 296, § 3, 4-14-2021)

An attached or detached ADU that does not comply with the design standards set forth in Section 8.124.140 shall be reviewed pursuant to the procedures, and approved or denied pursuant to the standards, set forth in Moraga Municipal Code Chapter 8.72, the planning commission shall be the review body for design review approval following the procedure for review specified in Section 8.72.030(D) or Section 8.72.090, as applicable.

(Ord. No. 296, § 3, 4-14-2021)