LAMORINDA, CA —Moraga officials will be considering changes to the town’s accessory dwelling unit rules after state housing regulators warned the existing ordinance no longer complies with California law.
The proposed overhaul would loosen parking and setback requirements, raise allowable building heights in some areas, legalize certain older unpermitted units, and streamline approvals for backyard homes known as accessory dwelling units, or ADUs.
Town planners say the revisions are necessary after the California Department of Housing and Community Development informed Moraga earlier this year that portions of the town’s 2021 ADU ordinance had become outdated because of new state housing laws adopted between 2023 and 2025. According to the report prepared for the June 2 Planning Commission meeting, state law can effectively void a local ADU ordinance if it conflicts with California housing statutes.
The proposed ordinance would bring Moraga into compliance with current state mandates while preserving as much local control as possible over development standards, according to town staff.
The amendments touch nearly every aspect of ADU construction and permitting.
Under the revised rules, Moraga would no longer require replacement parking when homeowners demolish uncovered parking spaces to build an ADU.
The town also would exempt many projects from additional parking mandates altogether, including junior accessory dwelling units and certain ADUs built alongside new homes.
The proposal also increases allowable building heights for some detached ADUs. Backyard units near major transit could rise to 18 feet, with an additional two feet allowed for roof design compatibility. Attached ADUs could reach up to 25 feet under certain conditions.
Town staff also proposed new protections for owners of older unpermitted units. The ordinance would create an amnesty program preventing the town from denying permits for many ADUs built before Jan. 1, 2020, unless officials determine the structures pose health or safety risks.
The report says the changes are intended to support Moraga’s housing element goals by encouraging smaller and potentially lower-cost housing options in a town dominated by single-family homes.
Officials also would formalize stricter approval timelines. Under the proposed rules, the town would have 15 business days to determine whether an application is complete and 60 days to approve or deny it. Applications could become automatically approved if deadlines are missed.
The ordinance would continue prohibiting short-term rentals of ADUs for stays shorter than 30 consecutive days.
Planning commissioners are scheduled to review the amendments June 2 before forwarding recommendations to the Town Council for final consideration. If adopted, the ordinance would take effect 30 days after final approval and then be submitted to state housing regulators.
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Lamorinda, CA Patch
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