Moraga Municipal Code Art. 1 General Provisions

This chapter provides for the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in the town as required by state law, and in accordance with the Town's General Plan and Housing Element as a means to provide a variety of housing types to meet the town's projected housing needs. This chapter provides for the ministerial approval of ADUs and JADUs in areas zoned to allow residential uses. The Town encourages ministerial review of ADUs and JADUs when possible. This Ordinance also provides procedures and standards for review of accessory dwelling units that do not meet the ministerial requirements as set forth herein that are intended to increase opportunities for ADUs to be developed within the Town.

(Ord. No. 296, § 3, 4-14-2021)

"Accessory dwelling unit," or "ADU," means a residential dwelling unit attached or detached from a primary unit, or entirely enclosed within an existing building, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where an existing or proposed primary unit is situated. An accessory dwelling unit also includes the following:

A. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code.

B. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

"Adjacent to the parking spaces for the primary unit" means within fifteen (15) feet of the nearest edge of the parking structure (garage or carport) including any storage areas within the parking structure; or within fifteen (15) feet of a legal, uncovered parking space for the primary unit.

"Attached ADU" means an ADU that does not qualify as a fully contained ADU and that is located at least partially within a newly constructed expansion of, or addition to, an existing primary unit.

"Detached ADU" means an ADU that does not qualify as a fully contained ADU and that is located at least partially within new construction that is part of a physical structure which is detached from the primary unit. More specifically, a detached ADU is located within a newly and legally constructed separate accessory building, or a newly constructed expansion of, or addition to, a pre-existing legally constructed separate accessory building.

"Primary unit" or "primary residence" means a single-family or multifamily residential dwelling unit that either exists on or is proposed for a lot zoned for any residential or mixed-use zone, either through a permitted use or a conditional use, and is constructed prior to or concurrently to the ADU or JADU.

"Fully contained ADU" means an ADU which is established entirely within the pre-existing building envelope of either (i) a primary unit, a multifamily building, or (ii) any other pre-existing, legally constructed building located upon any lot containing a primary unit.

"Interior living area" means the gross interior horizontal area of a dwelling unit including, but not limited to, all rooms, hallways, closets, bathrooms and storage areas and specifically including the depth of all walls that divide any interior spaces but excluding the depth of all exterior walls and excluding an enclosed garage.

"Junior accessory dwelling unit," or "JADU," means a residential dwelling unit that provides independent and permanent living facilities for one or more persons (including provisions for living, sleeping, and eating), is no more than five hundred (500) square feet in size, and is contained entirely within the building envelope of an existing or proposed primary unit. A junior accessory dwelling unit shall include either separate sanitation facilities, or sanitation facilities shared with the primary unit. The property owner shall reside onsite in either the primary residence, an ADU, or the JADU.

"Multifamily building" for purposes of this Chapter 8.124 means a structure with two or more attached dwelling units on one lot.

"Outdoor living areas" means an area on the exterior of an ADU that is designed for human use or habitation including, but not limited to, a patio, deck, balcony or yard that can accommodate appurtenances including, but not limited to, a barbecue pit, an outdoor dining table, a hammock, a lounge chair, a bench or a spa.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of an ADU.

"Standard ADU" means an ADU applied for under Article 3 below

"Streamlined ADU" or "JADU" means an ADU or "JADU" applied for under Article 2 below.

(Ord. No. 296, § 3, 4-14-2021)

The primary unit and an ADU or JADU, as applicable, may not be sold separately from each other and no subdivision of land or air rights is authorized by this chapter.

(Ord. No. 296, § 3, 4-14-2021)

No person shall develop, construct, cause to be rented, or occupy an ADU or JADU on any lot within the town unless a permit is obtained pursuant to the procedures and standards set forth in this chapter.

(Ord. No. 296, § 3, 4-14-2021)

To the extent required by state law, an ADU or JADU built in conformance with this chapter does not count towards the allowed density for the lot upon which the ADU or JADU is located and is a residential use that is consistent with the general plan and zoning ordinance.

(Ord. No. 296, § 3, 4-14-2021)

Notwithstanding any other provision of this chapter, the town may authorize the construction of fully contained, and attached and detached ADUs as an accessory use to a single-family dwelling in conjunction with the approval of, or an amendment to, any of the following:

A. Design review approval of a new single-family dwelling.

B. A residential subdivision pursuant to the Moraga Subdivision Ordinance and Subdivision Map Act;

C. A planned development pursuant to Chapter 8.48; and

D. A conditional use permit, including, but not limited to, a conditional use permit for a single-family dwelling or dwellings within the MOSO open space district, provided that an application for a conditional use permit, or the amendment thereof, to permit the establishment of an ADU shall be processed as set forth in Section 8.124.180.

(Ord. No. 296, § 3, 4-14-2021)

All ADUs shall be subject to any applicable impact fees adopted by the town, except as provided below.

A. No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in floor area.

B. Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in floor area must be charged proportionately in relation to the square footage of the primary unit. (E.g., the floor area of ADU divided by the floor area of the primary unit, multiplied by the fee amount charged for a new dwelling.)

For purposes of this section, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of California Government Code Section 66000, except that it also includes fees specified in California Government Code Section 66477.

(Ord. No. 296, § 3, 4-14-2021)

The following general requirements apply to all ADUs and JADUs.

A. The ADU is not required to provide fire sprinklers if they are not required for the primary unit.

B. No passageway shall be required in conjunction with construction of an ADU unless mandated by the Americans with Disabilities Act or other state or federal safety code standard.

C. If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

D. Prior to issuance of a building permit for an ADU or JADU, a deed restriction shall be recorded against the title of the property as required in Article 5 of this title.

E. When an ADU is approved with concurrently with a proposed primary unit, final occupancy of the ADU shall not be issued before final occupancy of the primary unit.

(Ord. No. 296, § 3, 4-14-2021)

ADUs qualifying for ministerial approval under Articles 2 and 3 of this Chapter that are proposed on any hillside lot or area are exempt from the hillside development permit requirements described in Chapter 8.136. Non-ministerial ADUs allowed under Article 4 of this chapter, grading in addition to that necessary for excavation of the footprint of the ADU, or other attached or detached buildings or structures proposed as part of an ADU are not exempt from the hillside development permit process when applicable.

(Ord. No. 296, § 3, 4-14-2021)