Moraga council introduces ADU ordinance to align with state law and adds neighbor notice

Moraga’s Town Council on June 24 introduced an updated accessory dwelling unit (ADU) ordinance to bring the town’s code into alignment with California state ADU law and to restore the town’s ability to apply objective local design standards in some cases. The council added a narrow amendment requiring the planning director to mail a courtesy notice to owners of abutting properties after an application is deemed complete.

Assistant Planner Cassus Karandang told the council all ADUs are now processed ministerially under state law and summarized the principal changes in the draft ordinance: updated statutory definitions; a two‑track ministerial framework (streamlined ADUs up to 800 square feet and standard ADUs up to 1,200 square feet); an amnesty process for units built before Jan. 1, 2020; revised parking and fee provisions; and removal of deed‑restriction requirements for ADUs (retained only for JADUs where sanitation is shared). "All ADUs are ministerial," Karandang said, describing how the updates aim to preserve locally appropriate objective standards while complying with HCD guidance.

Karandang and the town attorney explained the practical effect of the town’s earlier designation as "null and void" by HCD: while the town is legally required to apply state law where the local code is out of date, adopting an updated local ordinance that conforms to state law allows Moraga to apply objective local standards where state law permits. Planning staff said the ordinance will be submitted to the California Department of Housing and Community Development (HCD) after council adoption and would become effective 30 days after final adoption.

The council’s discussion focused on timing and transparency for neighbors. Multiple council members argued residents should be notified earlier in the process even though ADU approvals are ministerial and state law constrains local review timelines. Town staff cautioned that the state’s mandated review clocks are tight and that notifying neighbors before completeness determinations could generate expectations the town cannot meet. Council Member Wicki proposed, and the council approved, an amendment to require a courtesy mail notice to abutting property owners when an ADU application is received and determined complete. The motion to waive first reading and introduce the ordinance with that amendment passed on a roll‑call vote recorded in the meeting (four in favor, one opposed).

The ordinance also responds to public comments filed with the planning commission and to a technical assistance letter from HCD. Planning staff said the town has recorded about 57 ADU applications since 2017 (an average of roughly six per year) and that the typical ADU in Moraga averages about 687 square feet. Karandang said staff will return with the ordinance for a second reading and adoption at the next hearing date; if adopted by council, the town will submit the final ordinance to HCD.

What happens next: staff will return with the ordinance for a second reading (the council scheduled a follow‑up date) and then file the final ordinance with HCD. In the meantime, ADU applications continue to be processed under applicable state rules.