Accessory Dwelling Unit (ADU) Ordinance Update

Accessory Dwelling Unit Sample Picture (PDF)

In October 2019 Governor Newsom signed new legislation for Accessory Dwelling Units, which went into effect on January 1, 2020. The Planning Department is working on updates to its Accessory Dwelling Unit regulations to address these recent changes in State law.

On December 7, 2020, the Planning Commission voted 6-0 (with one position open) to recommend Council adoption of the proposed Ordinance.  The Planning Commission understood that Planning staff had concurrently submitted the draft Ordinance to California Department of Housing and Community Development (HCD) for review.  In their recommendation, the Planning Commission included any revisions that may be made to the draft Ordinance based on input from HCD prior to the Ordinance being taken before the Council.

On February 10, 2021 the draft Ordinance with HCD revisions and additional cleanups was brought before the Town Council at a public hearing for consideration.  After opening the hearing for public comment and deliberation, the Town Council made several amendments and unanimously waived the first reading and introduced the Ordinance.  These amendments included requiring that a courtesy notice be mailed to neighbors of abutting properties upon approval of an ADU or JADU and that an ADU not exceed 16 feet in height within 10 feet of a property line.

On April 14, 2021, the Town Council conducted a second reading amending Moraga Municipal Code Section 8.04.020, definitions and repealing and replacing chapter 8.124 of the Moraga Municipal Code, Accessory Dwelling Units of Title 8, Planning and Zoning, of the Town of Moraga Municipal Code.