Moraga Municipal Code Art. 2 Ministerial Review for Streamlined ADUs and JADUs

A. This article shall provide for and govern the ministerial review for streamlined ADUs and JADUs as set forth in Section 8.124.110 below.

B. Building permit applications for streamlined ADUs and JADUs that meet the requirements in Section 8.124.110 shall be approved ministerially by the planning director without discretionary review, further design review, or public hearing, pursuant to the procedures of this article.

C. Procedure for Review.

(1) Within sixty (60) days after receiving an application, the planning director shall approve a building permit application for a streamlined ADU or JADU if the requirements of Section 8.124.110 have been satisfied.

(2) The planning director shall deny an application for a streamlined ADU or JADU if the requirements of Section 8.124.110 have not been satisfied.

D. Courtesy Notice. Upon approval of the accessory dwelling unit permit, the planning director shall mail a courtesy notice to all owners of abutting properties, notifying them of the approval. The notice shall state that there is no right of an aggrieved party to appeal the approval.

E. Right to Appeal. The applicant may appeal the decision of the planning director in accordance with the provisions of Moraga Municipal Code Chapter 8.12, Article 4. The appeal shall be limited to a consideration of whether the objective criteria in Sections 8.124.110 have been met.

(Ord. No. 296, § 3, 4-14-2021)

Pursuant to California Government Code Section 65852.2(e), the town shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of following types of ADUs and JADUs ("Streamlined ADUs and JADUs") that comply with the general requirements of Section 8.124.080 and the applicable standards described in subsections A through D.

A. Fully contained ADU.

(1) One fully contained ADU may be established entirely within the building envelope of the primary unit or another pre-existing, legally constructed accessory building located on any lot, if it complies with the following standards:

a. The fully contained ADU shall have an exterior access independent from that of the primary unit. An addition of up to one hundred fifty (150) square feet is permitted if the expansion is limited to accommodating ingress and egress. For any fully contained ADU located on a second floor, any stairway, whether enclosed or open, needed to access that second floor ADU must be established entirely within the pre-existing building envelope of the primary unit or pre-existing, legally constructed, building within which the ADU is contained, or may be enclosed within an addition that does not exceed one hundred fifty (150) square feet.

b. A pre-existing legally constructed accessory building may be fully or partially converted into a fully contained ADU and no setback shall be required for a pre-existing legally constructed accessory building that is converted (or partially converted) to a fully contained ADU.

(2) Multiple ADUs within portions of existing multifamily dwelling buildings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each fully contained converted ADU complies with state building standards for dwellings. At least one fully contained converted ADU is allowed within an existing multifamily building or mixed-use building with existing dwelling units, and multiple fully contained converted ADUs shall be permitted up to twenty-five (25) percent of the number of existing multifamily dwelling units.

B. A JADU complying with the following standards:

(1) One JADU is allowed on a lot containing an existing single-family dwelling.

(2) The owner of a parcel proposed for a JADU shall occupy as a principal residence either the primary unit or the JADU.

(3) As set forth in Section 8.124.210, neither the JADU nor the primary unit shall be sold independently of each other.

(4) As set forth in Section 8.124.210, neither the JADU nor the primary unit shall be rented for periods of less than thirty (30) consecutive days.

(5) A JADU shall have an exterior entry separate from the primary unit to serve the JADU, and must have interior access if the JADU shares sanitary facilities with the primary unit.

(6) The interior living area of a JADU shall not be larger than five hundred (500) square feet in size.

(7) The JADU shall include an efficiency kitchen, requiring and limited to the following components:

a. A cooking facility with appliance(s); and

b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(8) No additional parking is required beyond that required for the primary unit.

C. One detached ADU, new construction with a proposed or existing single-family dwelling that complies with the following standards:

(1) The lot on which the ADU is located does not contain another ADU, but may contain a JADU permitted pursuant to Section 8.124.110.B

(2) Front yard setbacks consistent with the applicable zoning district to the extent such setbacks do not preclude development of an ADU.

(3) The side and rear setbacks are at least four feet.

(4) The total interior floor area is not more than eight hundred (800) square feet.

(5) The height is sixteen (16) feet or less.

D. No more than two ADUs on a lot that has an existing multifamily building with the following standards:

(1) Front yard setbacks consistent with the applicable zoning district to the extent such setbacks do not preclude development of an ADU.

(2) The side and rear setbacks are at least four feet.

(3) The height sixteen (16) feet or less.

(4) The ADUs are detached from the multifamily building.

(Ord. No. 296, § 3, 4-14-2021)