Accessory Dwelling Unit (ADU) Ordinance Update Moraga Town Council September 13, 2017
Purpose of the ADU Ordinance Update To comply with recent updates in State ADU law while setting and maintaining local standards that are appropriate for Moraga.
General Plan Housing Element Policies: H2.1 Housing Variety. The Town shall ensure that new residential • developments provide the Town with a wide range of housing types to meet the various needs and income levels of people who live and work in Moraga, including single family and multifamily homes, senior housing, workforce housing, dormitory units, and secondary units. H2.4 Promote Secondary Units. The Town shall allow for and • encourage the development of attached or detached secondary living units in existing and new single family and multifamily developments, including Moraga Open Space Ordinance (MOSO) areas, to provide additional housing opportunities for residents, provided they comply with the Town’s Municipal Code and Design Guidelines. Implementation Program: IP-H6 Secondary Unit Ordinance. The Town shall review and update • the requirements for secondary units and implement changes to simplify the secondary unit approval process to encourage new units, potentially including but not limited to separation requirements, height/location limitations, and permit procedures, to facilitate the development of second units. The Town shall also consider fee waivers for deed restricted affordable second units.
Background • ADUs (AKA secondary living units) are additional dwelling units located on the same lot as a single-family residence (existing primary unit) Are independent living units that provide living/sleeping, • sanitary, and cooking facilities May be attached, detached, or entirely contained within an • existing building • Effective January 1, 2017, two new state laws (SB1609, AB2299) established new statewide ADU requirements Cities may default to State Law or use local ordinance if • consistent with State law • Update to Moraga’s ordinance is required for compliance with State’s requirements
Update Process • Staff review and proposed update of existing ADU ordinance with Town Attorney and Consultants. • Planning Commission Study Session on key topics. June 19, 2017. • Revisions based on PC comments. • Planning Commission review and recommendation of proposed ADU ordinance. August 21, 2017.
Key Sections • Procedures (8.124.050) • Development Standards (8.124.060) • Design Standards (8.124.070) • Junior Accessory Dwelling Units (JADUs) (8.124.080) (New) • Relief from Development and Design Standards (8.124.090-110) (New) • Deed-Restriction (8.124.120) (New) Note: In the following sections, an asterisk (*) indicates a State law requirement
Procedures (8.124.050) • Defined the specific zoning districts where ADUs are permitted. • Maintains ministerial approval process, with some changes. Timeframe of ministerial decision is now 120 days* • “Public notice” has been replaced with “Courtesy notice” • Clarified only applicant may appeal a ministerial decision • • Adds reference to discretionary review procedure for ADUs requesting exceptions from development or design standards. (New Sections 8.124.090 and 100)
Development Standards (8.124.060) • Height Maintain 19 foot height limit • (or no greater than height of existing home) for both detached ADUs and additions accommodating attached ADU Remove one-story • restriction to allow for some design flexibility Remove limitation on ADUs • over garage or basement*
Development Standards (8.124.060) FAR and Unit Size would regulate ADU size. • Floor Area Ratio Floor area ratio and calculation method as established in the Design • Guidelines, Appendix D. Propose modest allowance of additional 200 square feet to • accommodate an ADU for properties already at max FAR. • Unit Size Increase max. unit size from 750 to 800 square feet (State guidance, no • less than 800 sf max.).* Living area for an attached ADU increased from 25 percent to 50 • percent of the square footage of the existing residence.
Development Standards (8.124.060) • Other Standards No limitation on number of bedrooms. • Passageways cannot be required.* • Enclosed exterior stairways over 6 feet high required if <30 feet • from Property line or visible from off-site. Garage conversions shall not require setbacks; ADUs over garages • setback no more than 5 feet.* ADUs within existing building • Required exterior independent access.* • Side and rear setbacks and building separation sufficient for fire • safety.* Fire safety access and fire protection. •
Development Standards (8.124.060) • Parking • General parking provisions maintained: One space per unit. Maintained parking dimensions, driveway • access, no curb expansion, waive guest parking. • Parking should be provided outside of setback areas unless determined infeasible. • Allow parking within setbacks if approved by Planning Director and/or provided as tandem parking.* • Replacement parking not required when parking is demolished in conjunction with ADU development.*
Development Standards (8.124.060) • Off-Street Parking Not Required for ADU: * Within one-half mile of a public transit stop or station; • Within an architecturally and historically significant historic • district; When the ADU is completely contained within the existing • primary residence or an existing accessory building; When the ADU is located in an area where on-street parking • permits are required, but not offered to the occupant of the accessory dwelling unit; or Within one block of an available car share vehicle space. •
Design Standards (8.124.070) • Removed due to conflicts with State law If both the attached ADU and existing primary unit have an front • entry, it no longer has to be a shared common entrance.* The requirement that a detached ADU be more than 10 feet • from the existing primary unit has been removed.* Trash enclosure design* • 25 foot by 40 usable rear yard requirement* • Undergrounding of utilities* • Mailbox design* •
Design Standards (8.124.070) • Modifications to existing requirements: Color, material, and design of the ADU requires compatibility to • the existing primary unit rather than matching. Relax limitation on deck, porch and balcony size to improve • livability. Aggregate area of up to 120 square feet of decks, balconies and porches, less than 24 inches in height to top of finished floor now allowed. (Previous ordinance allowed only up to 25 square feet.) Required sill heights of 5 feet 6 inches for windows within 30 • feet of a neighboring residence, where the windows will have site lines to the residence. (Distance reduced to 30 feet from the 50 foot standard in the current code.)
JADUs (8.124.080) • JADUs are small-sized ADUs converted from an existing bedroom. Max 500 square feet.* • Must have an efficiency kitchen (sink and minimal cooking • facility).* Private bathroom is not required.* • Entry to the unit required from both main home and exterior.* • No additional parking required.* •
Relief from Development Standards and Design Standards (8.124.090 – 8.124.110) • Discretionary Process for ADUs not meeting development and/or design standards: • Conditional Use Permit (CUP) for ADU not meeting Development Standards. o A series of additional findings must be made, which represent the minimum performance standards • Design Review for ADU meeting Development Standards but not meeting Design Standards. o Scope of review is limited to the ten design factors listed in Section 8.124.070
Deed-Restriction (8.124.120) • Provision helps record and enforce sale and owner- occupant regulations. • Owner shall record a covenant with the County Recorder that the ADU complies with the following: • Not be sold separately • Owner occupies the ADU or existing primary unit • Rental is not fewer than 30 days at a time • Restrictions binding on successor in ownership • Deed-restriction compliance information request
Conclusion Staff recommends that the Town Council waive the First Reading and introduce an ordinance deleting, retitling 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.
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