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)

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)

A.

This article shall provide for and govern the ministerial review of certain applications for standard ADUs on lots with a primary unit in single-family residential districts, planned development districts that allow single-family residential development, or MOSO or nonMOSO open space districts.

B.

Ministerial Review. Applications for the following types of standard ADUs shall be approved ministerially by the planning director without discretionary review, further design review, or public hearing, pursuant to the procedures of this article:

(1)

No more than one attached or detached ADU per lot that meets the general standards in Section 8.124.080, development standards in Section 8.124.130 and the design standards in Section 8.124.0140.

C.

The applicant shall be required to obtain a building permit prior to the construction any ADU and shall also meet the requirements set forth in Article 5 of this chapter.

D.

Procedure for Review.

(1)

Within sixty (60) days after receiving an application, the planning director shall approve an application through a ministerial review process and issue an ADU permit if the requirements of Sections 8.124.080, 8.124.130 and 8.124.140, as applicable, have been satisfied for an ADU.

(2)

Unless an administrative adjustment is granted pursuant to Section 8.124.170 which excuses noncompliance which would otherwise require denial of the application, the planning director shall deny an application for an ADU if the requirements of Sections 8.124.080, 8.124.130 and 8.124.140, as applicable, have not been satisfied.

E.

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.

F.

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 8.124.080, 8.124.130 and 8.124.140 for a standard attached or detached ADU have been met.

G.

Notwithstanding the procedures in Sections 8.124.100(A)—(F) above, an applicant for an attached or detached ADU that does not meet both the development standards of Sections 8.124.130 and the design standards of Section 8.124.140, may seek discretionary approval of an ADU in accordance with the alternative procedures set forth in Article 4 of this chapter.

(Ord. No. 296, § 3, 4-14-2021; Ord. No. 309, § 5(Exh. B, 11), 5-10-2023)

The following section applies to standard attached or detached ADUs that do not qualify as a streamlined ADU. An standard attached or detached ADU may be established upon any lot containing an existing or proposed primary unit in in any single-family residentially zoned district, planned development districts that allow single-family residential development, or MOSO or nonMOSO open space districts, if it complies with the following standards, as well as the general standards set forth in Section 8.124.080 and design standards set forth in Section 8.124.140:

A.

Except as set forth in Section 8.124.130(C), a portion of an existing primary unit or a pre-existing legally constructed accessory building (or portion thereof) may be incorporated into an attached or detached ADU only if the side and rear setbacks and building separations are sufficient for fire safety.

B.

Except as set forth in Section 8.124.130(C), any expansion of or addition to either an existing primary unit or a pre-existing legally constructed accessory building to accommodate an attached ADU or detached ADU shall meet all development standards of the zoning district in which it is located.

C.

Notwithstanding any other standard set forth in this Section 8.124.130 no setback shall be required for an existing legally constructed garage that is fully or partially incorporated into an attached or detached ADU.

D.

An attached or detached ADU shall have side and rear setbacks of at least four feet. Front yard setback requirements of the zoning district in which the attached or detached ADU is to be located shall apply.

E.

The maximum aggregate building height for a detached ADU, or for an addition constructed to wholly or partially accommodate an attached ADU, shall not exceed nineteen (19) feet in height as measured between the highest point of the building including the roof and the lowest point of the building at natural grade and shall not exceed sixteen (16) feet in building height within ten (10) feet of the property line. A skirt wall (if any) shall be included in the maximum aggregate building height measurement.

F.

The area within the construction footprint of the attached or detached ADU, including the area required for the unit, associated grading, and outdoor living space, shall not have an average predevelopment slope greater than twenty (20) percent.

G.

The cumulative volume of cut and/or fill for construction of the attached or detached ADU, exclusive of areas for building foundations and footings, shall not exceed two hundred (200) cubic yards.

H.

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. The square footage of an attached ADU shall not exceed fifty (50) percent of the pre-existing interior living area of the primary unit, calculated before the addition of the attached ADU. If the existing gross floor area of the lot exceeds the maximum permitted in the Town of Moraga Design Guidelines, Appendix D, Maximum Floor Area Table prior to establishment of an ADU, or if the development of the ADU will result in the total gross floor area exceeding the maximum permitted in the maximum floor area table, the ADU may have an interior floor area of no more than eight hundred (800) square feet.

I.

The attached or detached ADU shall have an external access separate from the primary unit, and an attached ADU may also have internal access to the primary unit.

J.

No historic tree shall be removed for the purpose of establishing an ADU. Native or orchard trees may be removed to provide for the location of an ADU, with a requirement that one 15-gallon tree of the same genus and species be planted on site per tree removed. The requirement to replant a native or orchard tree may be waived if the planning director determines that there is no appropriate location on site to plant a tree. Trees are defined in Moraga Municipal Code Section 12.12.020.

K.

In addition to parking required for the primary unit, one off-street parking space measuring at least nine feet by nineteen (19) feet and not more than seventeen (17) feet by nineteen (19) feet, which may be open or covered, shall be provided for an attached or detached ADU, subject to the following requirements:

(1)

The parking space for the attached or detached ADU shall be located adjacent to the parking spaces for the primary unit, and shall not be accessed by means of a driveway separate from that which accesses required parking spaces for the primary residence, unless such access is specifically authorized by the Moraga Municipal Code. The size of the existing driveway curb cut shall not be increased, and no new driveway curb cut shall be created. The guest parking spaces required by Moraga Municipal Code Section 8.76.100(C) and (D) are not required for an accessory dwelling unit.

(2)

The required parking space shall be surfaced with a permeable material that is approved by the planning director, except that a pre-existing nonpermeable driveway, paved parking area or new or existing covered parking space may be used. The required parking space may be located within required setback areas if it is uncovered. When required parking for the attached or detached ADU, other than tandem parking within an existing driveway, is located within a setback area, the planning director may require the parking be screened from off-site views with vegetation not less than thirty-six (36) inches in height above the parking surface.

(3)

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of a fully contained, attached or detached ADU or converted to an attached or detached ADU, no replacement parking shall be required for the converted ADU.

(4)

Notwithstanding any other provisions of this Subsection 8.124.130(L), attached or detached ADUs are exempt from off-street parking space in any of the following circumstances:

a.

The attached or detached ADU is located within one-half walking distance of a public transit stop.

b.

The attached or detached ADU is located within an architecturally and historically significant historic district.

c.

When on-street parking permits are required but not offered to the occupant of the attached or detached ADU.

d.

When there is a car share vehicle storage space, at which car shares may be picked up and dropped off, located within one block of the attached or detached ADU.

e.

Nothing in this Section 8.124.130(L) shall be construed as requiring parking to be provided for a streamlined ADU.

(Ord. No. 296, § 3, 4-14-2021; Ord. No. 309, § 5(Exh. B, 12), 5-10-2023)

This section sets forth design standards that must be met for the establishment of standard attached and detached ADUs in addition to the requirement to comply with the general standards set forth in Section 8.124.080 and the development standards set forth in Sections 8.124.130. An attached or detached ADU must meet the following design standards:

A.

Exterior colors, materials, architectural and landscape designs of the attached or detached ADU and its appurtenances (e.g. mailboxes) shall be compatible with those of the primary unit.

B.

All exterior lighting shall be directed downward and/or inward toward the property.

C.

Any new retaining walls necessary for the construction of the attached or detached ADU shall be no higher than three feet. If a fence is located within two feet of a retaining wall the combined retaining wall and fence height shall not exceed six feet. There shall be no more than two new retaining walls located within thirty (30) feet of one another in conjunction with the construction of the attached or detached ADU.

D.

Any blank exterior wall proposed as part of the construction of the attached or detached ADU that is without windows and is more than fifteen (15) feet long or one hundred eighty (180) square feet in area, whichever is less, shall have landscaping installed and maintained along the wall which reaches a minimum height of four feet within three years.

E.

Windows on any exterior wall proposed as part of the construction of the attached or detached ADU located within thirty (30) feet of a neighboring residence, where the windows would have sight lines to the neighboring residence, shall have a minimum sill height not less than five feet, six inches above the interior finished floor height. This requirement may be waived by the planning director for a window required for egress under the California Building Code.

F.

The aggregate area of new deck(s), balcony(ies) or porch(es) for the attached or detached ADU shall not exceed one hundred twenty (120) square feet, and no such feature shall have a depth greater than eight feet. No deck, porch or balcony shall have a height more than twenty-four (24) inches above existing grade, measured to the top of the finished floor or deck surface.

G.

Stairways constructed to access an attached or detached ADU with an upper landing floor height of more than six feet from natural grade shall be enclosed, except where all parts of the stairway are located more than thirty (30) feet from a property line or would not be visible from an adjacent property or public street.

H.

The skirt height associated with the construction of the attached or detached ADU shall not exceed four feet.

I.

There shall be a minimum of six feet near-level clearance area from any top or bottom of a slope associated with the construction of the attached or detached ADU. The post-development slope of the near-level clearance area shall not exceed five percent. This requirement is also applicable to split-level lots, with the exception of the primary pad split.

(Ord. No. 296, § 3, 4-14-2021)

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)

The requirements of this Article 5 shall apply to the following:

A.

Streamlined ADUs and JADUs approved under Article 2;

B.

A detached or attached ADU approved under Article 3;

C.

An ADU approved under Article 4.

(Ord. No. 296, § 3, 4-14-2021)

Prior to the issuance of a building permit for any ADU or JADU, the property owner shall record in the office of the Contra Costa County Recorder a deed restriction setting forth the following requirements, in a form satisfactory to the planning director and the town attorney:

A.

The primary unit and the ADU or JADU, as applicable, established on the same lot may not be sold independently of each other, and the lot may not be subdivided so as to create separate legal lots for the primary unit and the ADU or JADU.

B.

An owner of a lot upon which the ADU or JADU is located, that is accessory to a single-family residence, may be subject to the owner occupancy requirements as set forth below. a principal residence either the primary unit or the ADU or JADU, 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.

(1)

All ADUs approved before January 1, 2020, are subject to the owner-occupancy requirements or restrictions that were in place when the ADU was approved.

(2)

An ADU that is approved after that date but before January 1, 2025, is not subject to any owner-occupancy requirement.

(3)

All ADUs that are approved on or after January 1, 2025, are subject to an owner-occupancy requirement under Section 8.124.210(B). A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

(4)

All JADUs are subject to an owner-occupancy requirement under Section 8.124.210(B). A natural person with legal or equitable title to the property must reside on the property, in either the primary residence or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

C.

No ADU or JADU, as applicable, or primary unit on a lot that contains an ADU or JADU shall be rented to the same party for fewer than thirty (30) consecutive days at a time.

D.

The restrictions described in this Section 8.124.210 shall be binding upon any successor in ownership of the property and lack of compliance may result in legal action against the property owner.

E.

The town shall have the right at any time to request and have the owner provide such information deemed necessary by the town to confirm compliance with these restrictions.

(Ord. No. 296, § 3, 4-14-2021)