Agenda packet, second session — 1 - Town Council, June 24, 2026

TOWN OF MORAGA

TOWN COUNCIL
WEDNESDAY, JUNE 24, 2026
Kerry Hillis, Mayor
Brian Dolan, Vice Mayor
Lisa Maglio, Councilmember
Graham Thiel, Councilmember
Steve Woehleke, Councilmember
Scott Mitnick, Town Manager
Katie Bruner, Admin. Services Director
Sonia Urzua, Planning Director
Amy Heavener, Town Clerk
Denise Bazzano, Assistant Town Attorney
Jon King, Police Chief
Nate Levine, Public Works Director
Mackenzie Brady, Parks & Recreation Director
Executive Team
Town of Moraga Mission Statement
The Town of Moraga is dedicated to preserving our semi-rural character, conserving open spaces, providing exceptional municipal services, fostering safety and resiliency, providing opportunities for development, and creating a vibrant, innovative, and sustainable community for all.

AGENDA ACCESS: The meeting agenda is posted on the following notice board locations: 329 Rheem Blvd.; Moraga Library located at 1500 St. Marys Rd.; The Hacienda located at 2100 Donald Drive; and Online at:
https://www.moraga.ca.us/AgendaCenter
VIEWING OPTIONS: The Moraga Town Council meeting is scheduled to take place on the 2nd and 4th Wednesday of each month. The meeting may be attended in person at 335 Rheem Blvd, Moraga, on your Local Community Access Television (CATV); or by viewing the Town's YouTube Live channel at:
https://www.youtube.com/@TownofMoraga335
You may now view and participate in the Town of Moraga Town Council meetings via Zoom by navigating to Zoom.com and using the unique Meeting ID and Password published with each agenda.

PUBLIC INPUT: To provide input to the Town Council please submit comments via the following email address: [email protected] up to two hours prior to the start of the meeting. Written comment cards will also be available for submission at the meeting. Individuals addressing the Town Council are requested to state their name and community of residence for the record. If further assistance is needed, please email the Town Clerk at [email protected] or call (925) 888-7021.

It is the policy of the Town of Moraga that Councilmembers, Town employees and meeting participants are to be treated with respect and dignity. Actual or perceived discrimination and/or harassment of a Councilmember, Town employee or others on the basis of age, ancestry, color, disability, gender identity, marital status, medical condition, national origin, race, religious creed, sex or sexual orientation will not be tolerated.

CEQA STATEMENT: Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(C), 15061(B)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.

NOTICE: If you challenge a Town's zoning, planning, or other decision in court, you may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the Town Council at, or prior to, the public hearing. Judging review of any Town administrative decision may be had only if petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environment determination may be subject to a shorter time period for litigation, in certain cases 30 days following the date of final decision. The Town of Moraga will provide special assistance for disabled citizens upon at least 72 hours advance notice to the Town Manager's office (925- 888-7021). If sign assistance is needed or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

June 24, 2026
Town Council Regular Meeting
1 TOWN OF MORAGA

TOWN COUNCIL

REGULAR MEETING
WEDNESDAY, JUNE 24, 2026
5:30 PM

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS
3A. Proclamation - National Immigrant Heritage Month
3B. Proclamation - America's 250th and California's 175th Anniversary

4. PUBLIC COMMUNICATION

5. ADOPTION OF MEETING AGENDA

6. CONSENT CALENDAR
6A. Adopt a Resolution:

Authorizing the Town Manager to execute a Professional Services Agreement with Theis Engineering & Associates for consultant engineering services through June 30, 2027, in an amount not to exceed $128,000.

Staff Report

TOWN COUNCIL CHAMBER
335 RHEEM BOULEVARD

MORAGA, CA

ROLL CALL
Immigrant Heritage Month June 2026.pdf
America 250 California 175 Proclamation June 2026.pdf
Time reserved for those in the audience who wish to address the Town Council on items which are not on the agenda. The Council cannot discuss details or vote on items not on the agenda. Your concerns may be referred to the Town Manager for a brief comment or for further review. Note: Public input pertaining to a specific item on the agenda may be made during consideration of that item.

A. Consideration of Consent Items Removed for Discussion B. Acceptance of Consent Items
Att A - Draft Resolution PSA Award Theis.docx
Att B - Draft PSA for Theis Engineering.pdf
June 24, 2026
Town Council Regular Meeting
2 7. ANNOUNCEMENTS AND REPORTS ON ACTIVITIES

8. PUBLIC HEARING
8A. 1. Conduct a Public Hearing regarding the levy of the proposed assessments for Assessment District 1979-1, Town of Moraga Street Lighting (District) for Fiscal Year (FY) 2026-27; and

2. Adopt a Resolution confirming the Engineer’s Report for the District, approving the District assessments and Assessment Diagram, and ordering the levy and collection of District Assessments for FY 2026-27.

Staff Report
8B. Waive the first reading and introduce an ordinance amending Chapter 8.124 (Accessory Dwelling Units) of the Moraga Municipal Code to ensure consistency with current State ADU law, the Moraga 2040 General Plan, and the 2023–2031 Housing Element.

Staff Report

9. DEPARTMENT REPORTS
9A. Receive information on the Town’s participation in the Senate District 7 ADU Accelerator Program to develop pre-approved ADU plans in partnership with Lafayette and Orinda.

Staff Report
9B. Receive Parks, Recreation, and Open Space Master Plan community engagement update and provide input to staff.

Staff Report
9C. Receive an Economic Development Update Report.

Staff Report

10. COUNCILMEMBER REQUESTS FOR FUTURE AGENDA ITEMS

11. INFORMATIONAL ITEMS
A. Councilmember Reports on AB1234 Activities, Councilmember Announcements B. Town Manager
Attachment A - Draft Resolution Confirming and Approving District Assessment FY 2026-27.pdf
Attachment B - District Engineer's Report for FY 2026-27.pdf Attachment C - District Map of Boundaries.pdf
Attachment A - Draft Ordinance.pdf
Attachment B - Redlined Amendments to MMC Chapter 8.124.pdf Attachment C - PC Resolution No. 04-2026 Exhibit A.pdf
Attachment D - Public Comment Letter CalHDF.pdf
Attachment E - ADU Technical Assistance Letter HCD.pdf
Attachment A - Lamorinda Memorandum of Understanding.pdf Addendum - Public Comments Received Prior to Meeting
June 24, 2026
Town Council Regular Meeting
3 12. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS

13. ADJOURNMENT

14. SUPPLEMENTAL
Supplemental Materials Received During the Meeting
JUN 24 2026 - Supplemental Documents
June 24, 2026
Town Council Regular Meeting
4 A PROCLAMATION DECLARING
National Immigrant Heritage Month
June 2026
WHEREAS, the United States is a nation of immigrants, who, with great bravery, left their homes, lives and loved ones to seek a better future in the land they had never been to; and
WHEREAS, generations of immigrants from every corner of the globe have built our country's economy and created the unique character of our nation; and WHEREAS, immigrants have provided the United States with unique social and cultural influences, fundamentally enriching the extraordinary fabric of our nation; and WHEREAS, immigrants have been tireless leaders not only in securing their own rights and access to equal opportunity, but have also campaigned to create a fairer and more just society for all Americans; and
WHEREAS, in 2014, President Barack Obama proclaimed the month of June as National Immigrant Heritage Month to honor and recognize the contributions and diverse cultures of immigrants.

THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Moraga hereby declare the month of June as Immigrant Heritage Month and we encourage members of the community to learn more about the history of our Nation’s diverse and varied immigrant communities, reflect upon their own immigrant roots, and embrace the diversity that makes the nation stronger.
_________________________________
Kerry Hillis, Mayor
Town of Moraga
5 A PROCLAMATION COMMEMORATING
America's 250th Anniversary
and California's 175th Anniversary
WHEREAS, on July 4, 2026, the United States of America will commemorate the 250th anniversary of the signing of the Declaration of Independence and the founding of our nation; and WHEREAS, as the United States approaches this historic milestone, California also celebrates 175 years of statehood and reflects on its role in the American story as a place of opportunity, reinvention, discovery, and freedom; and
WHEREAS, our nation's founding ideals of equality, unalienable rights, liberty, and the pursuit of happiness have guided generations while calling each generation to more fully realize those principles; and
WHEREAS, California's history is rich, diverse, and complex, shaped by Native peoples, immigrants, workers, innovators, artists, entrepreneurs, civic leaders, and communities whose contributions continue to strengthen our state and nation; and WHEREAS, California remains a global leader in culture, education, science, technology, agriculture, environmental stewardship, transportation, creativity, and civic innovation, powered by the diversity, grit, and determination of Californians; and WHEREAS, this milestone provides an opportunity for communities across the nation and throughout California to reflect on our shared history, preserve local stories, encourage civic participation, and renew our commitment to liberty, equality, representative government, and justice for all.

NOW, THEREFORE, BE IT RESOLVED that the Town of Moraga hereby proclaims 2026 as the celebration year of America's 250th Anniversary and recognizes California's 175th Anniversary, encouraging all residents to honor our shared past, celebrate the contributions of all who call California home, and recommit ourselves to the principles of liberty and justice for all that continue to guide America, California, and the Town of Moraga.
_______________________________
Kerry Hillis, Mayor of Moraga
6 CONSENT CALENDAR: 6A.

To: Honorable Mayor and Councilmembers
From: Nate Levine, Public Works Director/Town Engineer
Subject: Professional Services Agreement with Theis Engineering & Associates Meeting Date: June 24, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution:

BACKGROUND
The Public Works Department has had two vacant engineering positions - Senior Engineer and Associate Engineer - since January 2026. In March 2026, the Town conducted a recruitment for the Associate Engineer position. The recruitment produced one applicant, who was not advanced to an interview because the applicant's background and experience did not align with the Town's needs.

The Town is currently recruiting again for both positions, with applications scheduled to close on June 28, 2026. Following the application period, the Town will need to review applications, conduct interviews, complete the selection process, and allow time for the selected candidates to begin employment. The timing and outcome of these recruitments are not yet known.

In addition to these vacancies, an Engineering Technician will leave Town employment at the end of June 2026. This departure will further reduce available staffing and create an immediate need for temporary professional project management services to maintain progress on active capital projects while the Town continues its recruitment efforts.

DISCUSSION
Professional CIP project management services are needed to maintain progress on active capital projects during the current staffing shortage.
7 Staff therefore recommends entering into a professional services agreement with Theis Engineering & Associates for temporary professional CIP project management services. The Town has worked with Theis Engineering & Associates (Theis) over the years for project delivery and related professional services. Under the proposed agreement, Theis would assign qualified personnel knowledgeable about the Town's Capital Improvement Program (CIP), active projects, consultants, funding sources, and internal procedures. This arrangement will allow assigned capital projects to continue with limited onboarding during the Department's ongoing recruitments. The Town would identify assigned projects, priorities, schedules, budget parameters, and required deliverables, and Theis would be responsible for managing and supervising its personnel to complete the work. Services would be provided remotely beginning in mid-July 2026. Services may include:
• Managing assigned capital projects through planning, design, bidding, construction, and closeout;
• Coordinating project schedules, budgets, funding requirements, consultant deliverables, contractors, utilities, and stakeholders;
• Reviewing plans, specifications, cost estimates, invoices, pay applications, change orders, and reimbursement requests;
• Supporting project accounting, financial tracking, contract administration, and record retention; and
• Providing technical and administrative support related to assigned CIP projects, utility coordination, development review, and permit coordination, as requested for project delivery.

The proposed billing rate is $115 per hour. Preauthorized overtime would be billed at $160 per hour. These rates would remain valid through June 30, 2027. The proposed not-to-exceed amount of $128,000 is expected to provide approximately six months of professional CIP project management services, including limited overtime and incidental expenses.

The agreement would extend through June 30, 2027, providing flexibility to continue the services if needed. Theis could not exceed the initial $128,000 authorization without a future contract amendment and additional approval from the Town Council. The Town may also reduce or terminate the services as permanent positions are filled and staffing levels stabilize.

Staff recommends awarding the agreement on a sole-source basis, given the Town's prior experience with Theis Engineering & Associates and the firm's ability to provide professional CIP project management services with knowledge of the Town's projects and procedures. This approach will maintain project continuity while avoiding the delay and duplication associated with transitioning active work to a new consultant. Not proceeding with this agreement would require reprioritizing current projects and delivery schedules.

FISCAL IMPACT
The agreement has an initial not-to-exceed amount of $128,000. Costs will be funded through salary and benefit savings from vacant Public Works positions and available budgets for the capital projects supported by Theis. Consultant time will be charged to the appropriate operating or CIP budget based on the work performed. No additional appropriation is requested with this action.
8 CEQA COMPLIANCE
Approval of a professional services agreement for temporary professional CIP project management services is an organizational and administrative activity of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5).

ALTERNATIVES

1. Approve the agreement with modifications to the term, scope, or not-to-exceed amount.

2. Do not approve the agreement and provide an alternative direction to staff.

NEXT STEPS
Upon approval, staff will finalize and route the professional services agreement for execution.

Professional CIP project management services are anticipated to begin in mid-July 2026. Staff will continue the recruitment processes for Senior Engineer and Associate Engineer positions and will adjust the level of consultant support as positions are filled and operational needs change.

ATTACHMENTS
Att A - Draft Resolution PSA Award Theis.docx
Att B - Draft PSA for Theis Engineering.pdf
9 Attachment A
Resolution No. XX-2026 1 June 24, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. XX-2026

AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH THEIS ENGINEERING & ASSOCIATES FOR

PROFESSIONAL CIP PROJECT MANAGEMENT SERVICES THROUGH
JUNE 30, 2027, IN AN AMOUNT NOT TO EXCEED $128,000
WHEREAS, the Public Works Department has had vacant Senior Engineer and Associate Engineer positions since January 2026, is actively recruiting to fill both positions, and will lose an Engineering Technician at the end of June 2026;
WHEREAS, temporary professional CIP project management services are needed to maintain progress on active capital improvement projects while recruitment efforts continue; WHEREAS, the Town has previously used Theis Engineering & Associates for similar project delivery services, and the firm is able to provide professional CIP project management services with knowledge of Town projects and procedures, allowing assigned project work to continue with minimal transition time; and
WHEREAS, the proposed agreement will extend through June 30, 2027, with an initial notto-exceed amount of $128,000 funded through salary and benefit savings and available capital improvement project budgets.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga authorizes the Town Manager to execute a Professional Services Agreement with Theis Engineering & Associates for professional CIP project management services through June 30, 2027, in an amount not to exceed $128,000, in a form approved by the Town Attorney.

BE IT FURTHER RESOLVED that the Town Manager is authorized to execute minor amendments and take other actions necessary to administer the agreement, provided that such actions do not increase the authorized not-to-exceed amount or extend the agreement beyond June 30, 2027.
10 -1-
Att B - Draft PSA for Theis Engineering

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the 24 day of June, 2026 by and between the TOWN OF MORAGA, hereinafter called the “Town”, and Theis Engineering & Associates, hereinafter called the “Consultant.” Town and Consultant shall be sometimes collectively referred to as “Parties.”
Recitals
WHEREAS, Town desires to obtain Full-Time Staff Augmentation for project management services in connection with various Capital Improvement Projects; and WHEREAS, Consultant hereby represents and warrants to the Town that Consultant is fully qualified to perform the services described in Section 2 of this Agreement by virtue of specialized experience and training, education and expertise of its principals and employees.

Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Town desires to retain Consultant pursuant to this Agreement to provide the services described in Section 2 of this Agreement.

Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Recitals. The Parties agree that the foregoing recitals are true and correct and are hereby incorporated as terms of the Agreement.

2. Scope of Services. Consultant shall perform the services set out in the “Scope of Work” attached hereto as Exhibit “A”.

3. Time of Performance. The services of the Consultant are to commence no sooner than July 1, 2026, and, subject to Town Council approval, be completed not later than June 30, 2027. Consultant shall perform its services in accordance with the schedule in Exhibit “B.” Any changes to these dates in either this Section 3 or Exhibit “B” must be approved in writing by the Town Manager or its representatives.

4. Compensation and Method of Payment.

A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit “C”. However, in no event shall the amount Town pays Consultant exceed One Hundred and Twenty-Eight Thousand Dollars ($128,000). Payment by Town under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the Town at the time of payment.

Attachment B
11 -2-
Att B - Draft PSA for Theis Engineering
B. Timing of Payment. Billing for said services shall be made once at the conclusion of the work and submittal of the records and any appropriate report. Town shall review Consultant’s billing statement and pay Consultant for services rendered within 45 days of receipt of a complete billing statement that meets all requirements of this Agreement.

C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) without prior written amendment to this Agreement.

D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant.

E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence.

F. Litigation Support. Consultant agrees to testify at Town’s request if litigation is brought against Town in connection with Consultant’s report. Unless the action is brought by Consultant or is based upon Consultant’s negligence, Town will compensate Consultant for the preparation and the testimony at Consult’s standard hourly rates, if requested by Town and not part of the litigation brought by Town against Consultant.

5. Amendment to Scope of Services. Town shall have the right to amend the Scope of Services within the Agreement attached hereto as Exhibit A, by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to secure Town's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate Town authorization.

6. Duties of Town. Town shall provide all information requested by Consultant that is reasonably necessary to performing the Scope of Services. Town retains all rights of approval and discretion with respect to assignment of any projects or undertakings contemplated by this Agreement.

7. Ownership of Documents. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the 12 -3-
Att B - Draft PSA for Theis Engineering
Consultant under the Agreement shall be vested in the Town, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the Town. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the Town without restriction or limitations on their use. Consultant may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of Town during the term of this Agreement, unless required by law.

8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the Town. Any consultants, specialists or experts approved by Town are listed in Exhibit “D.”

9. Conflict of Interest.

A. Town and Consultant will comply with the requirements of the Town’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. Consultant may be required to file with the Town Clerk a completed Form 700 before commencing performance of the Services unless the Town Clerk determines that completion of a Form 700 is not required, pursuant to Town’s Conflict of Interest Code. Form 700 forms are available from the Town Clerk.

B. Consultant may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to Consultant’s obligations pursuant to this Agreement. Consultant agrees to cooperate fully with Town and to provide any necessary and appropriate information requested by Town or any authorized representative concerning potential conflicts of interest or prohibitions concerning Consultant’s obligations pursuant to this Agreement.

C. Consultant may not employ any Town official, officer or employee in the performance of the Services, nor may any official, officer or employee of Town have any financial interest in this Agreement that would violate California Government Code §1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of Town. If Consultant was an employee, agent, appointee, or official of Town in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Consultant’s performance of the Services, including reimbursement of expenses, and Consultant will be required to reimburse Town for any 13 -4-
Att B - Draft PSA for Theis Engineering
sums paid to Consultant under this Agreement. Consultant understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

10. Any violation by Consultant of the requirements of this provision will constitute a material breach of this Agreement, and the Town reserves all its rights and remedies at law and equity concerning any such violations. Liability of Members and Employees of Town. No member of the Town and no other officer, employee or agent of the Town shall be personally liable to Consultant or otherwise in the event of any default or breach of the Town, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

11. Indemnity.

A. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the Town, (which acceptance will not be unreasonably withheld), and hold harmless Town and its officers, officials, employees, agents and volunteers and any granting agency identified in any applicable Grant Agreement ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees.

B. If Consultant is a “design professional,” as defined in California Civil Code Section 2782.8(c), Consultant shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to Consultant’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage of fault.

C. The obligations in this Section 11 shall survive termination of this Agreement.

12. Consultant Not an Agent of Town. Consultant, its officers, employees and agents shall not have any power to bind or commit the Town to any decision.

13. Independent Contractor. Consultant and Town agree that the Consultant will perform the Services as an independent contractor and not as an employee or agent of the Town.

Persons employed or utilized by Consultant in the performance of the Services will not be employees or agents of the Town and in the performance of the Consultant’s Services, Town shall have no control over the method or means of Consultant’s performance of the Services.

Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
14 -5-
Att B - Draft PSA for Theis Engineering

14. Compliance with Laws.

A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. Consultant represents and warrants to Town that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession.

B. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of this Agreement.

C. Prevailing Wage. Consultant and Consultant’s sub-consultants, shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the Town’s Public Works Department office.

D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

E. Town Not Responsible. The Town is not responsible or liable for Consultant’s failure to comply with any and all of said requirements.

15. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by Town, or as required by law.

16. Insurance.

A. Minimum Scope of Insurance. Consultant agrees to have and maintain, for the duration of this Agreement the following minimum levels of insurance coverage:
(1) Consultant agrees to have and maintain, for the duration of this Agreement, a General Liability insurance policy insuring it and its firm to an amount not less than $2,000,000 (Two Million Dollars) combined single limit per occurrence and 15 -6-
Att B - Draft PSA for Theis Engineering
in the aggregate for bodily injury, personal injury and property damage with an aggregate limit of twice the required occurrence limit.
(2) Consultant agrees to have and maintain for the duration of this Agreement an Automobile Liability insurance policy insuring it and its staff to an amount not less than $2,000,000 (Two Million Dollars) combined single limit per accident for bodily injury and property damage.
(3) Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations be by Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than $2,000,000 (Two Million Dollars) on a claims-made and annual aggregate basis. Consultant shall procure the professional errors and omissions liability insurance described herein and shall ensure that the policy provides and allows for a reporting period of at least four (4) years after the professional liability policy expires. A Workers’ Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Consultant:
(a) This policy shall provide coverage for Workers’
Compensation (Coverage A).
(b) This policy shall also provide required coverage for Employers’ Liability (Coverage B.)
(4) All of the following endorsements are required to be made a part of each of the required policies, except for the Professional Liability and Workers’ Compensation and Employers’ Liability policies, as stipulated below:
(a) “The Town of Moraga, its officers, officials,
employees, agents and volunteers are to be covered as additional insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor products and completed operations of the Contractor, premises owned, occupied or used by the Contractor: or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town of Moraga, its officers, officials, employees, agents or volunteers.” (b) “This policy shall be considered primary insurance
as respects any other valid and collectible insurance the Town may possess, including any self-insured retention the Town may have, and any other insurance the Town does possess shall be considered excess insurance only and shall not contribute with it.” (c) “This insurance shall act for each insured and
additional insured as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.” 16 -7-
Att B - Draft PSA for Theis Engineering
(5) Consultant shall provide to the Town all certificates of insurance with original endorsements effecting coverage required by this paragraph.

Certificates of such insurance shall be filed with the Town on or before commencement of performance of this Agreement. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. (6) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
(7) Consultant’s insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability.
(a) All Coverages. Each insurance policy required
shall provide that coverage shall not be canceled, except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file with the Town Manager at all times during the term of this Agreement.
(b) Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of no less than A:VII. (c) Deductibles and Self-Insured Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the Town. At the Town’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

17. Assignment Prohibited. Neither the Town nor Consultant may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation hereunder shall be void and of no effect.

18. Termination of Agreement.

A. This Agreement and all obligations hereunder, except for those indemnity obligations set forth in Section 11, may be terminated at any time, with or without cause, by the Town upon 5 days’ written notice to Consultant. Consultant may terminate this Agreement upon 30 days’ written notice to Town.

B. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, Town may terminate this Agreement immediately upon written notice.

C. Upon termination with or without cause, all finished and unfinished documents, project data and reports shall, at the option of the Town, become its sole property and shall, at Consultant’s expense, be delivered to the Town or to any party it may so designate.
17 -8-
Att B - Draft PSA for Theis Engineering
D. In the event termination is without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment; provided, however, that Consultant shall be entitled to compensation for work in progress at the time of termination.

19. Suspension. The Town shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as he/she deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory Services performed through the date of temporary suspension. In the event that Consultant's services hereunder are delayed for a period in excess of six (6) months due to causes beyond Consultant's reasonable control, Consultant's compensation shall be subject to renegotiation.

20. Amendment. This Agreement and all exhibits referenced herein constitutes the complete and exclusive statement of the agreement between Town and Consultant shall supersede any previous agreements, whether verbal or written, concerning the same subject matter.

This Agreement may be amended or extended from time to time by written agreement of the parties hereto.

21. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

22. Time of the Essence. Time is of the essence of this Agreement.

23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to Town: Nate Levine, Public Works Director/Town Engineer Town of Moraga
329 Rheem Blvd
Moraga, CA 94556
If to Consultant: Theis Engineering & Associates
Larry Thies, President
PO Box 21553
Concord, CA 94521

24. Consultant’s Books and Records.
18 -9-
Att B - Draft PSA for Theis Engineering
A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.

B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the Town Attorney, Town Auditor, Town Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to Town for inspection when it is practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.

D. Town may, by written request by any of the above-named officers, require that custody of the records be given to Town and that the records and documents be maintained in the Town Manager’s office. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

25. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

26. Town Not Obligated to Third Parties. Town shall not be obligated or liable for payment hereunder to any party other than the Consultant.

27. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.

28. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or 19 -10-
Att B - Draft PSA for Theis Engineering
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

29. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference:

Exhibit A: Scope of Services
Exhibit B: Schedule
Exhibit C: Compensation
Exhibit D: Other Consultants, Specialists or Experts Employed by Consultant Exhibit E: Liability and Insurance Requirements

30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

31. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings, and public comments shall be prohibited unless expressly authorized by the Town.

32. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
20 -11-
Att B - Draft PSA for Theis Engineering
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date first above written.

TOWN OF MORAGA CONSULTANT
By:
__________________________________
By:
__________________________________
Scott Mitnick,
Town Manager
Name:
_________________________________
Title:
_________________________________
__________________________________
Amy Heavener
Town Clerk
Address:
_________________________________
_________________________________
Phone No:
_________________________________
APPROVED AS TO FORM:

By:
__________________________________
Michelle Marchetta Kenyon,
Town Attorney
FUNDING:

By:
__________________________________
Katie Bruner,
Administrative Services Director
21 -12-
Att B - Draft PSA for Theis Engineering

EXHIBIT A
Scope of Services
Attached
22

Page 1 ends

June 17, 2026
Nate Levine, P.E.

Public Works Director/Town Engineer
Town of Moraga
329 Rheem Blvd
Moraga, CA 94556
RE: Town of Moraga Full-Ɵme Staff AugmentaƟon for project management services for various Capital Improvement Projects
Dear Mr. Levine,
We understand that the Town of Moraga (Town) is seeking professional engineering project management services for an iniƟal period of approximately six (6) months, with the potenƟal to extend based on Town needs, staffing levels, and project workload. This professional will specifically support the delivery of assigned Capital Improvement Program (CIP) projects, including consultant coordinaƟon, project administraƟon, schedule and budget tracking, and related project delivery acƟviƟes.

The Town anƟcipates using these professional services to help maintain project delivery schedules, manage consultant and contractor acƟviƟes, and provide specialized project support during current staffing condiƟons. Familiarity with the Town of Moraga’s acƟve CIP program, grant-funded projects, consultant contracts, procedures, policies, and municipal project delivery is highly desirable.

In response, Theis Engineering & Associates is pleased to offer professional CIP project management services for assigned (Town) capital improvement projects. Theis Engineering & Associates will assign qualified personnel to provide project management and construcƟon management oversight for assigned projects. Services may be performed remotely, in coordinaƟon with Town staff. The Town will idenƟfy assigned projects, prioriƟes, schedules, budget parameters, and required deliverables, and Theis Engineering & Associates will be responsible for managing and supervising its personnel and determining the means and methods for compleƟng the work.

The range of anƟcipated project management services may include, but are not limited to, the following:

Capital Improvement Program Management
• Manage and/or assist with assigned capital improvement projects through planning, design, bidding, construcƟon, and project closeout.
• Coordinate project schedules, budgets, funding requirements, consultant deliverables, and project milestones.
• Assist with tracking project expenditures, commitments, change orders, and funding availability. • Review plans, specificaƟons, engineering reports, cost esƟmates, and contract documents. • Assist with project bidding, contract administraƟon, construcƟon management, and project closeout acƟviƟes.

Page 2 ends

Project and Consultant CoordinaƟon
• Provide project management coordinaƟon for assigned projects in coordinaƟon with the department's needs.
• Support and direct the assigned project work of consultants, contractors, uƟlity providers, and project stakeholders.
• Support coordinaƟon of assigned work acƟviƟes among Town staff, consultants, and contractors. • Facilitate project meeƟngs, track acƟon items, and ensure Ɵmely follow-up and compleƟon of assigned tasks.

CIP Financial Management and AdministraƟon
• Monitor project budgets and assist with project forecasƟng and financial tracking. • Review consultant invoices, contractor pay applicaƟons, change orders, reimbursement requests, and supporƟng documentaƟon.
• Support project accounƟng, project closeout, record retenƟon, and related administraƟve funcƟons.

Public Works and Engineering Support
• Support implementaƟon and delivery of assigned CIP project prioriƟes and special projects. • Support preparaƟon of project-related staff reports, correspondence, presentaƟons, technical memoranda, and agenda materials.
• Provide technical and administraƟve support related to assigned CIP projects, uƟlity coordinaƟon, and permit processing, as assigned.
• Assist in maintaining project management systems, tracking logs, schedules, and departmental records for assigned projects.

AssumpƟons:

1. Town Staff will provide the following, as needed for assigned project delivery:
 IdenƟfy assigned projects, prioriƟes, schedules, budget parameters, and required deliverables. Appropriate Town system access or project informaƟon necessary to perform assigned services
 Appropriate network access and a Town-designed communicaƟon method for assigned project work.

2. Work will be performed enƟrely remotely with no expected visits to the Town offices.

3. Work will not be performed on Town-designated holidays.

4. Any overƟme shall be pre-authorized by Town Staff via email.

Theis Engineering & Associates will invoice monthly and segregate our billing by assigned task orders/project numbers. All work is assumed to be performed by our Project Manager, Jared Kerr, and his hourly rate is $115 and an overƟme hourly rate of $160 (these rates are valid through December 31, 2026).

Mileage will be charged per the IRS published rates. Other direct/reimbursable costs will be charged at actual costs plus 10%.

EsƟmated Cost - 1040 hours at $115 per hour and 40 hours overƟme at $160 plus minor incidentals = $128,000 not -to-exceed budget.
24

Page 3 ends

The scope of work described above is general in nature, and changes may be required based on the Town’s project prioriƟes and direcƟons. The iniƟal commitment between the Town and Theis Engineering & Associates will be based on professional CIP project management services for six months from July 1, 2026, through December 31, 2026, and the parƟes will discuss potenƟally conƟnuing the staff augmentaƟon services on a month-to-month basis going forward, as future amendments to this contract.

All services are considered on-call and will be based on assigned project needs idenƟfied by the Town. As a courtesy, we request that the Town provide two weeks' noƟce if it intends to reduce full-Ɵme service or terminate services without cause. Please contact me if you have any quesƟons or would like to adjust any elements of the scope or esƟmated hours.

Sincerely,
Larry Theis
President
Theis Engineering & Associates
25 -13-
Att B - Draft PSA for Theis Engineering

EXHIBIT B
Schedule of Performance
The services of the Consultant are to commence no sooner than July 1, 2026, and, subject to Town Council approval, be completed not later than June 30, 2027. 26 -14-
Att B - Draft PSA for Theis Engineering

EXHIBIT C
Compensation
The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate of $115 per hour and an overtime hourly rate of $160 (these rates are valid through June 30, 2027. However, in no event shall the amount Town pays Consultant exceed One Hundred and TwentyEight Thousand Dollars ($128,000). Payment by Town under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the Town at the time of payment.
27 -15-
Att B - Draft PSA for Theis Engineering

EXHIBIT D
Other Consultants, Specialists or Experts Employed by Consultant None
[To be Inserted]
28 -16-
att b - draft psa for theis engineering

EXHIBIT E
Town of Moraga
Insurance and Liability Requirements
[attach]
29 30
PUBLIC HEARING: 8A.

To: Honorable Mayor and Councilmembers
From: Nate Levine, Public Works Director / Town Engineer Jeanet Lara, Senior Administrative Assistant
Subject: Authorization to Levy Assessments for Assessment District 1979-1, Town of Moraga Street Lighting for Fiscal Year 2026-27
Meeting Date: June 24, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION

1. Conduct a Public Hearing regarding the levy of the proposed assessments for Assessment District 1979-1, Town of Moraga Street Lighting (District) for Fiscal Year (FY) 2026-27; and

BACKGROUND
Authority to have a local Moraga Street Lighting Assessment District:

The Landscaping and Lighting Act of 1972 (California Streets and Highways Code 22500- 22679) allows local governmental agencies to form assessment districts for the purpose of funding the operation and maintenance of public landscaping and lighting improvements.

Accordingly, the Town formed the District in 1979 by Resolution 28-79. The annual assessments are collected through the Contra Costa County property tax roll and assessed only on properties within the District boundary.

Formation of the District:

The Town formed the District in 1979 by Resolution 28-79 to help fund the operation, maintenance, and repair of public streetlighting and traffic signals within the District. 31 Historical Assessment Rates for the District:

Between District formation in 1979 and FY 1998-99, District assessments ranged from $0.00 to $29.00. For the subsequent ten years, between FY 1999-00 and 2009-10, assessments remained unchanged at $16.00 per year (per single-family home).

In the spring of 2010, the Town conducted the noticing and balloting procedures required by Proposition 218 and successfully received property owner approval to increase annual District assessments to an initial assessment rate of $58.00 per equivalent dwelling unit (EDU), with the authorized maximum assessment escalated annually by the lesser of the change in the Consumer Price Index or 5%. A single-family home is equal to one EDU. For FY 2026-27, the authorized maximum assessment is $92.74 per EDU. Since FY 2010-11, the Town has not applied the authorized escalator and continues to levy $58.00 per EDU.

Setting the FY 2026-27 Assessment Rates for the District In order to levy and collect the District assessments for FY 2026-27, a Public Hearing must be scheduled and noticed by publication in a paper of general circulation. The required Public Hearing will take place this evening on June 24, 2026, and will allow members of the public to provide input (including objections) to the proposed assessments. Notice of this public hearing was published in the East Bay Times on June 12, 2026.

DISCUSSION
The Town has contracted with Francisco and Associates (District Engineer) to prepare the FY 2026-27 Engineer’s Report. The Engineer's Report (Attachment B) includes a map of the District boundaries (Attachment C), which encompasses approximately 4,200 parcels within the Town that pay an annual assessment for the operation and maintenance of traffic signals and 999 streetlights.

Overview of steps to set FY 2026-27 District Assessments:

The Landscaping and Lighting Act of 1972 requires the Town to complete the following process each year to levy and collect District assessments for the ensuing fiscal year:

1. Adopt a Resolution initiating proceedings to levy District assessments for FY 2026-27 and ordering the preparation and filing of the annual Engineer's Report for the District.

On April 22, 2026, Town Council adopted Resolution 21-2026

2. Adopt Resolutions approving the FY 2026-27 Engineer’s Report for the District and declaring the Town’s intention to levy and collect District assessments for FY 2026-27 and setting a Public Hearing date for June 24, 2026.

On May 27, 2026, Town Council adopted Resolutions 34-2026 and 33-2026

3. Conduct the Public Hearing affording all interested parties the opportunity to hear and be heard.

Item #3 is the subject of this report.
32 4. Adopt a Resolution confirming the Engineer’s Report for the District, approving the District assessments and Assessment Diagram, and ordering the levy and collection of District Assessments for FY 2026-27.

Item #4 is the subject of this report.

Upon completing the process outlined above, the Town must submit the District assessments to the Contra Costa County Auditor’s office by August 10, 2026, for inclusion on the upcoming FY 2026-27 property tax roll.

Proposed FY 2026-27 Assessment Rates for the District
The Engineer’s Report identifies an authorized maximum assessment of $92.74 per EDU for FY 2026-27 based on the voter-approved annual CPI escalator. Staff recommends continuing to levy the current assessment rate of $58.00 per EDU for FY 2026-27, and not applying the authorized CPI adjustment this year, to fund the construction, maintenance, and servicing of existing and future public street lighting and traffic signal facilities.

FISCAL IMPACT
FY 2026-27 Revenues:

The table below provides a summary of the District’s estimated revenues for FY 2026-27:

Revenue Descriptions Amount
District Property
Assessments
$199,545
Town Contribution from Fund
140
$40,212
Interest Earnings $12,000
Totals: $251,757
FY 2026-27 Expenditures:

The table below provides a summary of the District’s estimated expenditures for FY 2026-27:

Expenditure Descriptions Amount
Contract Services $24,750
Utilities $190,000
Maintenance of Traffic
Signals
$55,000
Staff Time/Labor Costs $5,000
Membership and Dues $945
Advertisement and Legal $400
Totals: $276,095
33 Although expenditures for FY 2026-27 are expected to exceed revenues due to rising utility, operations, and maintenance costs, the Town is in the process of coordinating with Pacific Gas and Electric to convert existing high-pressure sodium vapor (HPSV) lamps to energyefficient Light-Emitting Diode (LED) lamps during FY 2026-27 in the Moraga Country Club neighborhood and along Alta Mesa from Paseo Bernal to the end of the public roadway. These street lighting upgrades will be completed at no cost to the Town and will provide improved illumination and reduced energy consumption for these areas.

Fund Balance:

The District is projected to have a beginning fund balance of approximately $541,000 as of July 1, 2026. Approximately $138,000 is set aside for District operating costs incurred between July 1 and December 10, prior to the first installment of District assessment revenue being received from the County. The remaining fund balance is accumulated for future street lighting, traffic signal repair/replacement, and capital improvement needs.

The estimated FY 2026-27 expenditures exceed anticipated revenues by approximately $24,300, resulting in an estimated ending fund balance of approximately $517,000 as of June 30, 2027. Should annual expenditures continue to exceed revenues, staff will evaluate operating costs, reserve needs, and future streetlight and traffic signal repair/replacement obligations to determine whether an assessment rate increase should be considered in a subsequent fiscal year.

CEQA COMPLIANCE
The Resolution confirming the District Engineer’s Report, approving assessments, approving the Assessment diagram, and ordering the levy and collection of District Assessments for FY 2026-27 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal.

Code Regs. 3 §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

ALTERNATIVES

1. Modify the proposed resolution.

2. Do not adopt the proposed resolution and provide direction to staff.

NEXT STEPS
The Town Clerk will immediately file the Engineer's Report, including the assessment and Diagram, with the County Auditor.

ATTACHMENTS
Attachment A - Draft Resolution Confirming and Approving District Assessment FY 2026-

27.pdf
Attachment B - District Engineer's Report for FY 2026-27.pdf Attachment C - District Map of Boundaries.pdf
34 Attachment A
Resolution No. __-2026 1 June 24, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. ___-2026
CONFIRMING THE ENGINEER’S REPORT FOR ASSESSMENT DISTRICT 1979-1, TOWN OF MORAGA STREET LIGHTING; APPROVING THE ASSESSMENTS AND ASSESSMENT DIAGRAM; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2026-27
WHEREAS, Assessment District 1979-1, Town of Moraga Street Lighting (the “District”) was formed May 30, 1979, by Resolution 28-79 pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500 et. seq.); WHEREAS, the Town Council of the Town of Moraga has elected to proceed with the levy of annual assessments after the formation of the District under Streets & Highways Code Sections 22620-22631, and on April 22, 2026, adopted Resolution 21- 2026, initiating proceedings to levy District assessments for Fiscal Year 2026-27 and ordering the preparation and filing of the annual Engineer's Report for the District in accordance with Article 4 (beginning with Streets & Highways Code Section 22565) of Chapter 1 of the Landscaping & Lighting Act of 1972;
WHEREAS, on May 27, 2026, the Town Council adopted Resolution 33-2026, approving the Engineer’s Report for the District for Fiscal Year 2026-27, and Resolution 34-2026, declaring its intention to levy and collect District assessments for Fiscal Year 2026-27 and setting a public hearing for June 24, 2026; WHEREAS, a notice of the June 24, 2026, Public Hearing was published in a newspaper of general circulation as provided in Section 22626 of the Streets and Highways Code;
WHEREAS, on June 24, 2026, the Town Council held a Public Hearing in accordance with Section 22629 of the Streets and Highways Code on the levying of the proposed assessment, and heard and considered all oral statements and written communications made or filed by interested persons; and WHEREAS, when the Council approved the Engineer's Report on May 27, 2026, it approved it in the following respects:

1. The net amount to be assessed for Fiscal Year 2026-27 is approximately $200,000.

2. The annual assessment rate will not be adjusted by the increase in Consumer Price Index as allowed by Resolution 50-2010 and shall remain the same as in prior years.

3. The annual assessment for a single-family residence is $58.00. 35 Attachment A
Resolution No. __-2026 2 June 24, 2026

4. The improvements for Fiscal Year 2026-27 consist of the maintenance or servicing or both of existing street lighting facilities and traffic signals benefitting the District, and continued exploration of installation of streetlights on streets fronting commercial centers.

5. Substantial changes to the District improvements for Fiscal Year 2026-27 include converting 106 existing high-pressure sodium vapor (HPSV) lamps to Light-Emitting Diode (LED) technology for improved illumination and energy consumption reductions in the Moraga Country Club neighborhood and along Alta Mesa from Paseo Bernal to the end of the public roadway.

6. The Town will contribute approximately $40,212 to the District to fund benefit attributed to parcels in the Town and not in the District and general benefit to the public at large, using Fund 140 – Property Tax Lighting Special District. An additional $12,000 in estimated earned interest from Fund 355 – Street Light District is anticipated to be available for the Fiscal Year 2026-27 operating budget.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Moraga that the above findings are true and correct;
BE IT FURTHER RESOLVED, that the Town Council hereby confirms the Engineer’s Report for Assessment District 1979-1, Town of Moraga Street Lighting; approves the District assessments and Assessment Diagram; and orders the levy and collection of District Assessments for Fiscal Year 2026-27; and BE IT FURTHER RESOLVED, that the Town Council directs the Town Clerk to immediately file the Engineer’s Report, including the Assessments and Diagram, with the County Auditor.
36 Assessment District No. 1979-1,
Town of Moraga Street Lighting
Fiscal Year 2026-27
Engineer’s Report
May 27, 2026
Attachment B
37 ASSESSMENT DISTRICT NO. 1979-1
FISCAL YEAR 2026-27 TABLE OF CONTENTS
-iTABLE OF CONTENTS
AGENCY DIRECTORY .................................................................................................ii CERTIFICATIONS........................................................................................................ iii SECTION I – Introduction..............................................................................................1 SECTION II – Engineer’s Report...................................................................................3 PART A – Plans and Specifications .......................................................................4 PART B – Estimate of Cost ...................................................................................5 PART C – Assessment District Diagram................................................................6 PART D – Method of Apportionment of Assessment .............................................8 PART E – Property Owner List and Assessment Roll..........................................13

38 ASSESSMENT DISTRICT NO. 1979-1
FISCAL YEAR 2026-27 AGENCY DIRECTORY
-iiTOWN OF MORAGA

COUNCIL MEMBERS AND STAFF DIRECTORY
Kerry Hillis
Mayor
Brian Dolan
Vice Mayor
Steve Woehleke
Council Member
Lisa Maglio
Council Member
Scott Mitnick
Town Manager
Katie Bruner
Administrative Services Director
Sonia Urzula
Planning Director
Jeanet Lara
Senior Administrative Assistant
Graham Thiel
Council Member
Nate Levine
Public Works Director/
Town Engineer
Amy Heavener
Town Clerk
Mackenzie Brady
Parks and Recreation Director
Jon King
Police Chief
Francisco & Associates
Assessment Engineer
39 ASSESSMENT DISTRICT NO. 1979-1
FISCAL YEAR 2026-27 CERTIFICATIONS
-iiiCERTIFICATIONS
The undersigned respectfully submits the enclosed Engineer’s Report, as directed by the Town Council of the Town of Moraga, pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and provisions of the Landscaping and Lighting Act of 1972 (Section 22500 et. Seq. of the California Streets and Highways Code). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: By:

Ed Espinoza, P.E.

RCE No. 83709
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was filed with me on the day of , 2026.

By:

Amy Heavener, Town Clerk
Town of Moraga
Conta Costa County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached was directed and adopted by the Town Council of the Town of Moraga, Contra Costa County, California, on the day of , 2026.

By:

Amy Heavener, Town Clerk
Town of Moraga
Conta Costa County, California
May 27, 2026
40 ASSESSMENT DISTRICT NO. 1979-1 SECTION I
FISCAL YEAR 2026-27 INTRODUCTION
-1-

SECTION I

INTRODUCTION
Background
Prior to 1979, the operation and maintenance of public streetlighting and traffic signals in the Town of Moraga (“Town”) was paid for with revenue generated by the Town of Moraga Street Lighting Maintenance District No. 1, a property tax-based district formed in 1974.

Proposition 13, a statewide initiative passed by voters in 1978, limited total property taxes to 1% of the value of property and substantially reduced the ongoing revenue the Town could receive for streetlighting and traffic signals. The reduced revenue was insufficient to pay electricity and maintenance costs and the Town was faced with the prospect of turning off and removing streetlights or finding another source of revenue.

On May 30, 1979, the Town adopted Resolution No. 28-79 forming Assessment District No. 1979-1, Town of Moraga Street Lighting (“District”), pursuant to the provisions of the Landscape and Lighting Act of 1972 (“Act”) to provide supplemental revenue necessary to operate and maintain the Town’s streetlighting and traffic signals. From 1979 through 2010, the cost of operation and maintenance of public streetlighting and traffic signals in the Town was funded using revenue generated from property taxes and the District.

In 2010, the Town determined that District assessments should be increased to pay for operation and maintenance costs associated with public streetlighting and traffic signals.

Since the passage of Proposition 218 in 1996, increasing District assessments requires preparing an Engineer’s Report, quantifying and segregating the general benefit attributed to the public at large versus special benefit to property, and obtaining approval from the affected property owners through noticing and balloting proceedings. The Town cannot proceed with an assessment increase if a majority of the ballots returned, weighted by proposed assessment, oppose the assessment increase.

Prior to Fiscal Year 2010-11, the Town conducted the noticing and balloting procedures required by Proposition 218 and successfully received property owner approval to increase annual District assessments. District property owners approved a maximum assessment of $58.00 per Equivalent Dwelling Unit (EDU), commencing with Fiscal Year 2010-11, that could be escalated annually by the lesser of the change in the Consumer Price Index or 5%. A single-family home is equal to one (1) EDU.

On June 9, 2010, Town Council adopted Resolution No. 50-2010 affirming the increase in assessments and requiring the Town to make annual contributions to offset the general benefit to the public at large and special benefits assigned to non-District parcels as described in the Engineer’s Report. The Town has levied District assessments at the increased rate of $58.00 per EDU since Fiscal Year 2010-11 to fund the operations and maintenance of public streetlighting and traffic signals. The District presently includes approximately two thirds (2/3) of the total parcels in the Town. 41 ASSESSMENT DISTRICT NO. 1979-1 SECTION I
FISCAL YEAR 2026-27 INTRODUCTION
-2-
Current Administration
As required by the Act, Town Council has followed a multi-step Council meeting process each year to approve the levy of assessments on parcels within the District. The annual process includes the preparation and approval of an annual Engineer’s Report and holding a public hearing.

Francisco and Associates has prepared the required Engineer’s Report for Fiscal Year 2026-27 (“Report”). This Report describes the improvements to be constructed, operated, maintained, and serviced by the District for Fiscal Year 2026-27; provides an estimated budget for the District; provides a diagram of the District boundaries; describes the method of apportionment of assessment; and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The Town Council will hold a Public Hearing on June 24, 2026, to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing, the Town Council may adopt a resolution confirming the levy of assessments. Following the adoption of this resolution, the final Assessor’s Roll for the District will be prepared and filed with the Contra Costa County (“County”) Auditor’s Office for inclusion on the Fiscal Year 2026-27 property tax roll.

Payment of the District assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the District must be placed in a special fund and can only be used for the purposes stated within this Report.
42 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 ENGINEER’S REPORT
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SECTION II
ENGINEER’S REPORT

PREPARED PURSUANT TO THE PROVISIONS OF THE
LANDSCAPE AND LIGHTING ACT OF 1972 SECTIONS 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and provisions of the Landscape and Lighting Act of 1972 (Section 22500 et. Seq. of the California Streets and Highways Code), and in accordance with the Resolution of Initiation adopted by the Town Council of the Town of Moraga, on May 27, 2026. I, Ed Espinoza, the duly appointed Engineer of Work, submit the following Report consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements operated and maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the Town of Moraga, and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of cost of the improvements to be operated and maintained for Fiscal Year 2026-27, including incidental costs and expenses in connection therewith.

The estimate is attached hereto, and is on file in the Office of the Director of Public Works of the Town of Moraga.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the Town of Moraga.

PART D: METHOD OF APORTIONMENT OF ASSESSMENT
This part describes the method of apportionment of District assessments, based upon each parcel’s land use classification and in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST AND ASSESSMENT ROLL
This part contains a list of the County Assessor’s Parcel numbers, and the amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Town Clerk of the Town of Moraga and is incorporated in this Report. The list is keyed to the records of the County Assessor, which is incorporated herein by reference. 43 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART A
-4-
PART A

PLANS AND SPECIFICATIONS
The District currently provides ongoing funding for the operation, maintenance, and servicing of traffic signals and 999 streetlights in the Town. Locations of all streetlights in the Town have been surveyed using Global Positioning System (GPS) technology and mapped utilizing Geographic Information Systems (GIS). A map of District improvements is on file in the office of the Director of Public Works of the Town incorporated herein by reference.

Maintenance and Servicing has the following definitions pursuant to the Act:
“Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
(a) Repair, removal, or replacement of all or any part of any improvement. (b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, and other solid waste. (d) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Service” or “servicing” means the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. (b) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Incidental expenses may also be funded using District assessment revenues. Incidentals Expenses has the following definitions pursuant to the Act:
(a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
(b) The costs of printing, advertising, and the giving of published, posted, and mailed notices.
(c) Compensation payable to the county for collection of assessments. (d) Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
(e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
(f) Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
(g) Costs associated with any elections held for the approval of a new or increased assessment.
44 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART B
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PART B

ESTIMATE OF COST
The Act provides that the cost of construction, operation, maintenance, and servicing of the District improvements can be recovered by the District. Incidental expenses including administration of the District, County collection fees, engineering fees, and legal fees can also be funded by the District.

The Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds generated by the District assessments shall be used only for the purposes as stated in this Report. A contribution to the District by the Town may be made to reduce assessments, as the Town Council deems appropriate. Any balance remaining on June 30th at the end of each fiscal year must be carried over to the next fiscal year.

The estimated Fiscal Year 2026-27 revenues and expenditures for the District have been provided by the Town and are shown in the following table:

ESTIMATED REVENUES
District Assessments $ 199,545
Interest Earnings $ 12,000
Town Contribution* $ 40,212
Total Estimated Revenues: $ 251,757

ESTIMATED COSTS
Contract Services $ 24,750
Staff Time/Labor Costs $ 5,000
Utilties (Electric/Gas) $ 190,000
Traffic Signal Maintenance $ 55,000
Advertising and Legal $ 400
Membership and Dues $ 945
Town Administrative Costs $ -
Total Estimated Costs: $ 276,095
$541,164
($24,338)
$516,826
*Town Contribution is comprised of General Benefit to the public at large, Special Benefit for Non-District parcels, and assessments for parcels owned by the Town or other public agencies.

Estimated Ending Fund Balance as of June 30, 2027:

Assessment District 1979-1,
Town of Moraga Street Lighting
Fiscal Year 2026-27
Estimate of Cost and Revenue
Projected Beginning Fund Balance as of July 1, 2026:

Estimated Reserve Collection:
45 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART C
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PART C

ASSESSMENT DISTRICT DIAGRAM
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. A reduced copy of the Assessment District Diagram is shown on the following page. 46 TOWN OF MORAGA
ASSESSMENT DISTRICT NO. 1979,

TOWN OF MORAGA STREET LIGHTING
¯ Legend
Town of Moraga Parcels
Assessment District No. 1979 Parcels
Town of Moraga Limits 47
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART D
-8-
PART D

METHOD OF APORTIONMENT OF ASSESSMENT
The Act permits the establishment of assessment districts by public agencies for the purpose of providing certain public improvements which include the operation, maintenance, and servicing of streetlighting and traffic signals.

Section 22573 of the Act requires that assessments must be levied according to benefit rather than according to assessed value as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
As a benefit-based assessment, parcels receiving benefit from improvements maintained by the District are subject to the assessment and will not be exempted as long as benefit is received. Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered a tax, and therefore, are not governed by Article XIIIA of the California Constitution. General benefits to the public at large must be quantified and separated from the special benefits conferred to property and are not assessable to properties within the District.

Special Benefit Determination
The streetlighting and traffic signal District improvements provides the following special and direct benefit to properties within the District:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties including abatement of graffiti.
• Improved traffic circulation and reduced accidents and personal property loss. • Increased nighttime visibility resulting in enhanced safety on roads and in public areas.

LCC Engineering and Surveying, Inc. was the Assessment Engineer that assisted the Town in forming the District in 1979 and conducting the subsequent Proposition 218 proceedings in 2010. The Engineer’s Report prepared in conjunction with the Proposition 218 proceedings conducted in 2010 established the Assessment Methodology for the District as provided in this Report and separated the special benefits from District improvements into the following two components: “Frontage Special Benefits” and “Arterial/Collector Special Benefits”.
48 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART D
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Frontage Special Benefit Component
Due to proximity, streetlights located along the frontage of property provide a special and direct benefit to those adjacent individual properties consisting of enhanced aesthetics and safety. Safety benefits include improved ingress/egress and crime deterrence for the adjacent individual properties. Streetlights located on residential streets in the Town are typically spaced 200 feet apart. Therefore, each residential streetlight provides 100 feet of lighted frontage on each side, regardless of the side of the street the streetlight is located on. Each residential streetlight is assumed to provide approximately 100 feet of enhanced lighted frontage to each detached single-family home. The Frontage Special Benefit Component for residential and non-residential parcels is calculated based on the 100 feet of lighted frontage provided to detached single-family homes as described in the Assessment Methodology section of this Report below.

Arterial/Collector Special Benefit Component
Town arterial and collector roadways provide reliable access to all areas of the Town and therefore confer a special and direct benefit to all properties within Town limits. Streetlights and traffic signals located along the Town’s arterial and collector roadways provide improved traffic circulation and increased nighttime visibility resulting in enhanced safety to all residents in the Town. Therefore, streetlights and traffic signals located along the Town’s arterial and collector roadways provide a special and direct benefit to all properties in the Town, including parcels not located within District boundaries. Streetlights located along the Town’s arterial and collector roadways require higher wattage lamps and have additional maintenance requirements as compared to residential streetlights.

Assessment Methodology
The significant majority of parcels in the District are detached single-family residential (SFR) parcels. Therefore, the special benefit received by a detached SFR parcel is identified as an Equivalent Dwelling Unit (EDU) and used as the basis to apportion the special benefits to all parcels in the Town.

An EDU is comprised of the sum of the Frontage Special Benefit Component (EDUF) and the Arterial/Collector Special Benefit Component (EDUA). EDUF is calculated by dividing a parcel’s Lighted Frontage based on residential streetlight standards described above (LF) by 100 feet, which is the lighted frontage received by a typical SFR. For residential parcels, EDUA is calculated using the number of Residential Units (RU) for the parcel. For non-residential parcels, RU is calculated by dividing a parcel’s LF by 100 feet. Street lighting corresponding to the Frontage Special Benefit Component represents 89% of the District’s total streetlighting cost. The additional cost corresponding to the Arterial/Collector Special Benefit Component represents the remaining 11%. Therefore, EDUF and EDUA are weighted accordingly to determine the EDUs for each parcel using the following formula:

𝐸𝐷𝑈𝑠 = 𝐸𝐷𝑈𝐹 + 𝐸𝐷𝑈𝐴 = (89% ×
𝐿𝐹
100) + (11% × 𝑅𝑈)
The EDU calculation for each land use classification is further described below. 49 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART D
-10-
Single-Family Residential
Streetlights located on residential streets in the Town are typically spaced 200 feet apart.

Therefore, each residential streetlight provides 100 feet of lighted frontage on each side, regardless of the side of the street the streetlight is located on. Each residential streetlight is assumed to provide approximately 100 feet of enhanced lighted frontage to each detached single-family home. Additionally, each SFR parcel has 1 residential unit.

Therefore, each SFR is determined to equal 1.00 EDU using the following formula:

𝐸𝐷𝑈𝑆𝐹𝑅 = (89% ×
100
100) + (11% × 1) = 0.89 + 0.11 = 1.00
Condominiums and Townhouses
Condominiums and Townhouses (CONDO) parcels have less lighted frontage than a typical SFR parcel. A study analyzing the lighted frontage of condominium parcels was conducted and found the average lighted frontage per residential unit for all the various CONDO developments within the District is 28 feet. Typically, these developments also have private street lighting within the development maintained by the homeowner’s association. Additionally, each CONDO parcel has 1 residential unit. Therefore, each CONDO is determined to equal 0.36 EDUs using the following formula:

𝐸𝐷𝑈𝐶𝑂𝑁𝐷𝑂 = (89% ×
28 100) + (11% × 1) = 0.25 + 0.11 = 0.36
Multi-Family Residential
The lighted frontage for Multi-Family Residential (MFR) parcels varies significantly.

Therefore, MFR parcels are not determined to have an average frontage per residential unit as CONDOs do. Therefore, EDUs for each MFR parcel is calculated based on the lighted frontage and number of residential units for the parcel using the following formula:

𝐸𝐷𝑈𝑀𝐹𝑅 = (89% ×
𝐿𝐹
100) + (11% × 𝑅𝑈)
Commercial
Commercial (COM) parcels within the Town generally provide and pay for their own private street lighting and this lighting is also of benefit to adjacent parcels. EDUA for a COM parcel is also calculated based on the parcel’s LF divided by the lighted frontage for an SFR parcel of 100 feet. Therefore, EDUs for each COM parcel is calculated based on the lighted frontage for the parcel using the following formula:

𝐸𝐷𝑈𝐶𝑂𝑀 = (89% ×
𝐿𝐹
100) + (11% ×
𝐿𝐹
100) = 0.01 × 𝐿𝐹
Institutional
Public agencies and non-profit parcels also benefit from street lighting. These institutional (INST) parcels function similar to COM parcels in that they provide a service, therefore, the benefit received is similar to COM parcels. However, because they are not transferred as freely in the marketplace, INST parcel benefit less than privately owned parcels. It is then reasonable to assume that the benefit is half that received by similar private COM 50 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART D
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parcels. Therefore, EDUs for each INST parcel is calculated based on the lighted frontage for the parcel using the following formula:

𝐸𝐷𝑈𝐼𝑁𝑆𝑇 =

0.01 × 𝐿𝐹
2 = .005 × 𝐿𝐹
Vacant and Unimproved
Vacant and unimproved parcels benefit from street lighting as they improve the safety and marketability of the parcel. It is assumed the benefit a Vacant parcel receives is half that received by a developed COM parcel. Therefore, EDUs for each vacant and unimproved parcel is calculated based on the lighted frontage for the parcel using the following formula:

𝐸𝐷𝑈𝑉𝑎𝑐𝑎𝑛𝑡 =

0.01 × 𝐿𝐹
2 = .005 × 𝐿𝐹
Exempt
Exempted from the District assessments are parks, streets, avenues, lanes, roads, drives, courts, alleys, easements and rights-of-ways, greenbelts and parkways, and public property that is not developed and used for business purposes similar to private residential, commercial, industrial and institutional activities.

General Benefit Determination
Arterial/Collector roadways in the Town provide a General Benefit to the public at large that is attributed to traffic traversing the Town with an origin and destination outside the Town. This general benefit is minimal and is conservatively assumed to be 5% of the street lighting and traffic signal costs attributed to the Arterial/Collector Special Benefit Component.

Town Contributions for Special Benefit and General Benefit The Town pays the portion of District costs attributed to the Frontage Special Benefit Component and Arterial/Collector Special Benefit Component for all parcels in the Town and not within the District plus the General Benefit to the public at large. The Town contribution for traffic signals is based on the percentage of Arterial/Collector Special Benefit that exists in the Town and not within the District.

Maximum and Applied Assessment Rates for Fiscal Year 2026-27 The maximum assessment rate for the District is authorized to be escalated annually by the lesser of the change in the Consumer Price Index (CPI) or 5%. The San FranciscoOakland-Hayward All Urban Consumers Consumer Price Index from December to December as published by the Bureau of Labor and Statistics is used to calculate the annual changed in the CPI. The latest annual change in CPI is 3.036%, which results in a maximum District assessment rate of $92.74 per EDU for Fiscal Year 2026-27.

For Fiscal Year 2026-27, the Town is proposing to levy the same assessment rate of $58.00 per EDU that has been levied since Fiscal Year 2010-11. A summary of the maximum and applied District assessment rates since Fiscal Year 2010-11 is shown in the table on the following page.
51 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART D
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Fiscal
Year
Authorized*
% Increase
Maximum
Assessment Rate
Applied
% Increase
Applied
Assessment Rate
FY 2010-11 N/A $58.00 N/A $58.00
FY 2011-12 1.525% $58.88 0.00% $58.00
FY 2012-13 2.929% $60.61 0.00% $58.00
FY 2013-14 2.222% $61.96 0.00% $58.00
FY 2014-15 2.579% $63.55 0.00% $58.00
FY 2015-16 2.671% $65.25 0.00% $58.00
FY 2016-17 3.178% $67.32 0.00% $58.00
FY 2017-18 3.532% $69.70 0.00% $58.00
FY 2018-19 2.943% $71.75 0.00% $58.00
FY 2019-20 4.499% $74.98 0.00% $58.00
FY 2020-21 2.453% $76.82 0.00% $58.00
FY 2021-22 2.000% $78.36 0.00% $58.00
FY 2022-23 4.244% $81.68 0.00% $58.00
FY 2023-24 4.882% $85.67 0.00% $58.00
FY 2024-25 2.625% $87.92 0.00% $58.00
FY 2025-26 2.379% $90.01 0.00% $58.00
FY 2026-27 3.036% $92.74 0.00% $58.00
*Per the All Urban Consumers, San Francisco-Oakland-Hayward, CA, All Items Consumer Price Index from December to December.

Assessment District 1979-1
Town of Moraga Street Lighting
Summary of Maximum and Applied Assessment Rates
52 ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART E
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PART E

PROPERTY OWNER LIST AND ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within the District is shown on the last equalized property tax roll of the County Assessor, by reference, is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the assessment amounts for Fiscal Year 2026-27 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the Town Clerk. 53 TOWN OF MORAGA
ASSESSMENT DISTRICT NO. 1979,

TOWN OF MORAGA STREET LIGHTING
¯ Legend
Town of Moraga Parcels
Assessment District No. 1979 Parcels
Town of Moraga Limits
Attachment C
54 PUBLIC HEARING: 8B.

To: Honorable Mayor and Councilmembers
From: Cassius Carandang, Assistant Planner, Sonia Urzua, Planning Director Subject: Consideration of Amendments to Chapter 8.124, Accessory Dwelling Units of Title 8 (Planning and Zoning) of the Moraga Municipal Code.

Meeting Date: June 24, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Waive the first reading and introduce an ordinance amending Chapter 8.124 (Accessory Dwelling Units) of the Moraga Municipal Code to ensure consistency with current State ADU law, the Moraga 2040 General Plan, and the 2023–2031 Housing Element.

BACKGROUND
The Town of Moraga’s current Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations are codified in Chapter 8.124 of the Moraga Municipal Code (MMC), last comprehensively updated by Ordinance No. 296 in April 2021. Since then, the California Legislature has enacted numerous amendments to State ADU Law (Gov. Code §§ 66310– 66342, formerly Gov. Code § 65852.2), and HCD has issued updated guidance in its 2026 ADU Handbook.

On February 27, 2026, HCD issued a Letter of Technical Assistance to the Town stating that the 2021 ordinance is likely outdated and out of compliance with State ADU Law. The letter identified changes to ADU Law adopted in 2023, 2024, and 2025, along with clarifications in the 2025 ADU Handbook, that warrant amendments to Chapter 8.124. Under the State Government Code Section 66316, a local ordinance that fails to meet State ADU Law is rendered “null and void,” and the local agency must apply only State ADU Law until a compliant ordinance is adopted. As of April 6, 2026, the Town has been applying the State ADU law when processing ADU and JADU applications.

The proposed amendments are necessary to (i) restore the Town’s legal authority to administer a local ADU ordinance, (ii) provide clarity to property owners and applicants, and (iii) advance the housing production goals of the Town’s adopted Housing Element and Regional Housing Needs Allocation (RHNA).
55 June 2, 2026, Planning Commission Hearing
Prior to the June 2, 2026, Planning Commission hearing, the Town received a public comment letter (Attachment D) identifying two provisions in the Development standards for streamlined ADUs and JADUs that were inconsistent with State law: (1) owner occupancy requirements for JADUs (MMC Section 8.124.120.B.2) and (2) front yard setback requirements for streamlined ADUs (MMC Sections 8.124.120.C.2 and 8.124.120.D.2). In response, staff revised both provisions to clarify that owner occupancy is required only for JADUs that share sanitation facilities with the primary dwelling and to remove front yard setback requirements for streamlined ADUs, consistent with Government Code Section 66323. These revisions were included in a supplemental staff report, which was added to the already published Planning Commission agenda materials and distributed to the Planning Commission prior to the public hearing.

On June 2, 2026, the Planning Commission held a public hearing on the proposed ordinance amendment. During its consideration, the Commission discussed future amendments to the local objective design standards for standard ADUs under MMC Section 8.124.140.

Commissioners also expressed concerns about removing front-yard setback requirements for streamlined ADUs, as required by State law.

Following discussion, the Planning Commission adopted Resolution No. 04-2026, incorporating the revisions in the supplemental staff report, and recommended Town Council approval by a vote of 4 in favor and 2 opposed, with one Commissioner absent. Planning Commission Resolution No. 04-2026 is included as Attachment C. The Planning Commission Staff Report, including the original proposed ordinance amendment (clean and redlined versions) and the supplemental staff report, can be found on the Planning Commission Meeting Agenda dated June 2, 2026, under item 6A.

DISCUSSION
The proposed redline revisions to Chapter 8.124 are organized below into thirteen groupings of substantive changes. The groupings have been enumerated for ease of reference. Each grouping identifies the change, the supporting Government Code provision, and, where applicable, the specific subsection of Chapter 8.124 that is amended. Non-substantive conforming edits (renumbering, cross-references, and typographical corrections) are also incorporated throughout. As background, the Town allows for three types of ADUs: (1) Streamlined ADUs and JADUs, which are processed ministerially and must be approved if they meet minimal state requirements; (2) Standard ADUs, which are processed ministerially and do not meet state requirements and are thus subject to objective Town standards; and (3) ADUs that do not qualify for either Streamlined or Standard ADU processing and may be allowed with a Conditional Use Permit.

1. “Interior Livable Space” Definition (MMC § 8.124.020) State law was amended to tie ADU and JADU square-footage caps to “interior livable space,” defined as “a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (Gov. Code § 66313, et seq.) The redlined ordinance replaces the prior term “interior living area” with “interior livable space,” adds the statutory definition, and conforms every size-based standard throughout Articles 2, 3, and 5 to the new metric. 56 2. JADU Definition and Owner-Occupancy (MMC §§ 8.124.020, 8.124.200) The Junior Accessory Dwelling Unit (JADU) definition is updated to align with Government Code Section 66333(b). Owner-occupancy is required only when the JADU shares sanitation facilities with the primary structure; if the JADU has separate sanitation facilities, no owneroccupancy is required. The owner-occupancy requirement does not apply if the property is owned by a governmental agency, land trust, or housing organization. Article 5 (Deed Restriction) is revised to mirror this approach.

3. “Business Day” Definition (MMC § 8.124.020)
State law pegs the timelines for ADU and JADU completeness and appeal to “business days.” (Gov. Code §§ 66317 [ADUs], 66335 [JADUs].) A definition is added providing that a “business day” means any day Moraga Town Hall is open for business to the public, ensuring administrative clarity for both staff and applicants.

4. Impact Fees (MMC § 8.124.070)
Section 8.124.070 is revised to conform to Government Code Section 66311.5(a)–(d). No impact fee may be charged for an ADU with 750 square feet or less of interior livable space or for a JADU with 500 square feet or less of interior livable space. Any impact fee on a larger ADU must be charged proportionally to the interior livable space of the primary dwelling unit.

The definition of “impact fee” is clarified to exclude connection fees and capacity charges of a local agency, special district, or water corporation.

5. General Requirements (MMC § 8.124.080)
Section 8.124.080 is restructured to apply uniformly to both ADUs and JADUs, tracking the language of Government Code Section 66323 and addressing the specific deficiencies identified in HCD’s February 27, 2026 letter. Notable changes include:

Fire sprinklers are not required for an ADU or JADU if not required for the primary residence, and the addition of an ADU or JADU cannot trigger a sprinkler requirement in the existing primary or multifamily dwelling.

Deed restrictions are required only for JADUs (consistent with the prohibition on deed restrictions for ADUs under Gov. Code § 66315).

No ADU or JADU may be rented for a term of 30 consecutive days or less (Gov. Code § 66333(g) and MMC 8.124.080(F))

6. ADU and JADU Procedures (New MMC § 8.124.090)
A consolidated procedural section governs both Streamlined ADUs/JADUs (Article 2) and Standard ADUs (Article 3). Key process changes include:

Completeness Review. Within fifteen (15) business days after receiving an application, the Planning Director must determine whether the application is complete and provide written notice. If incomplete, the notice must include a full list of incomplete items and a description of how the application can be made complete. If no determination is made within 15 business 57 days, the application is deemed complete. (Gov. Code § 66317(a)(2)(A)–(B).) Approval or Denial. Within sixty (60) calendar days after receipt of a complete application, the Planning Director must approve or deny the application ministerially (Gov. Code §66317(a) (3)). The 60-day period runs from the date of receipt of the complete application, not the date of the completeness determination. If denied, the applicant must receive a full written set of comments identifying deficiencies and how to remedy them (Gov. Code §66317(b)). If no action is taken within 60 days, the application is deemed approved. (Gov. Code §66317(a)(3)).

Appeal Right. If an application is deemed incomplete or denied, the applicant may appeal in writing to the Planning Commission in accordance with Moraga Municipal Code Chapter 8.12, Article 4. The Town must provide a final written determination no later than sixty (60) business days after receipt of the appeal (Gov. Code § 66317(d)(2)). Staff notes that State law allows the Town to designate the appeal body as the governing body, the Planning Commission, or both. The redlined ordinance designates the Planning Commission.

7. Amnesty for Unpermitted ADUs (New MMC § 8.124.110)
A new amnesty section is added pursuant to Government Code Section 66311.7 (formerly § 66332). The Town shall not deny a permit for an unpermitted ADU or JADU constructed before January 1, 2020 for building code violations or for noncompliance with State ADU law or local ordinance, unless the Town makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants, or that the building is substandard under Health and Safety Code Section 17920.3.

8. Streamlined (Gov. Code § 66323) ADUs (MMC § 8.124.120) Section 8.124.120 is revised to align with Government Code Section 66323. The crossreference to former § 65852.2(e) is updated, and the phrase “or any combination thereof” is added to clarify that the enumerated streamlined ADU types may be combined on a single lot.

Staff notes that HCD has issued recent interpretive guidance on the number of ADUs allowed on a lot. The redlined ordinance does not expressly adopt all of those interpretations but is drafted to remain defensible while preserving local flexibility.

9. Multifamily ADUs (MMC § 8.124.120.D)
A new subsection conforming to the caps in Government Code Section 66323 is added. On a lot with an existing multifamily dwelling, up to eight (8) detached ADUs are permitted, provided the number of ADUs does not exceed the number of existing units on the lot. On a lot with a proposed multifamily dwelling, no more than two (2) detached ADUs are permitted.

10. Setbacks (MMC § 8.124.130.D)
The setback standard is amended to incorporate Government Code Section 66314. No setback shall be required for an existing living area or accessory structure, or for a structure constructed in the same location and to the same dimensions (including height) as an existing structure that is converted to an ADU or to a portion of an ADU. Side and rear setbacks of four (4) feet remain applicable to new construction.
58 11. Height Standards (MMC § 8.124.130.E)
Height limits for standard attached and detached ADUs are updated to align with Government Code Section 66321, as follows:

Detached ADUs on a lot with a single-family or multifamily dwelling: sixteen (16) feet.

Detached ADUs near transit (within one-half mile walking distance of a major transit stop or high-quality transit corridor): eighteen (18) feet, plus an additional two (2) feet to accommodate a roof pitch matching the primary dwelling.

Detached ADUs on multifamily, multistory lots: eighteen (18) feet.

Attached ADUs: twenty-five (25) feet, or the height limitation in the local zoning ordinance applicable to the primary dwelling, whichever is lower; not to exceed two stories.

Skirt walls (if any) are included in the maximum height measurement.

12. Parking (MMC § 8.124.130.K)
Parking standards are revised to align with Government Code Section 66322. Notable changes:

No additional parking is required for a JADU, including when the JADU is converted from an attached garage (Gov. Code § 66334(a)).

Uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code § 66314(d)(11)).

A new parking exemption is added where the ADU permit application is submitted concurrently with an application to create a new single-family or multifamily dwelling on the same lot (Gov.

Code § 66322(a)(6)).

13. Deed Restriction (MMC Article 5, §§ 8.124.190–8.124.200) Article 5 is revised to apply only to JADUs, consistent with Government Code Sections 66315 (which prohibits deed restrictions on ADUs) and 66333. The required deed restriction addresses: (a) the JADU may not be sold separately from the primary unit; (b) owneroccupancy when the JADU shares sanitation facilities; (c) the JADU's conformance with the size and attribute requirements of this chapter and State law; and (d) the restriction's binding effect on successors in ownership. Provisions imposing rental-term and owner-occupancy obligations on ADUs are deleted as preempted. It is noted that language previously included in the ADU/JADU deed restrictions regarding rental terms is now codified under MMC Section

8.124.080.

Other Conforming Edits
In addition to the fourteen groupings above, the redlined ordinance: (i) deletes the prior “administrative adjustment” provisions in former Section 8.124.170, which staff has determined are no longer necessary given the updated ministerial framework; (ii) renumbers 59 sections throughout Articles 1 through 5 to reflect insertions and deletions; and (iii) updates internal cross-references accordingly. The objective design standards in Section 8.124.140 and the discretionary review provisions in Article 4 are retained substantively without change.

For ease of administration, a single consolidated procedures section is located in Article 1 rather than being repeated in Articles 2 and 3. The redlined ordinance accomplishes this consolidation through new Section 8.124.090.

General Plan and Housing Element Consistency
The proposed ordinance aligns with Moraga 2040 General Plan Policy LU-3.7, Accessory Dwelling Units, which calls for ministerial approval of ADUs that meet adopted standards in zones where residential uses are permitted. The amendments implement this policy by maintaining a local ADU ordinance that reflects current State law and provides objective standards for qualifying ADUs and JADUs.

The amendments also support the Housing Element’s broader objectives of housing mobility, affordability, and new housing choices in high-resource neighborhoods. By updating Chapter

8.124, the Town can continue to facilitate ADU and JADU production while providing clearer guidance to applicants and staff.

Required Findings
Staff recommends that the Town Council find that the required Municipal Code findings for a zoning text amendment can be made as follows:

General Plan consistency: The amendments are consistent with the General Plan's objectives, policies, general land uses, and programs because they implement Policy LU-3.7 and Housing Element Program ADU 16 by maintaining a compliant ministerial approval process for ADUs and JADUs.

Compatibility with authorized uses and zoning regulations: ADUs and JADUs are accessory residential uses allowed where residential uses are permitted. The amendments update the procedures and standards for those uses without altering the underlying residential land use framework.

Community need: The amendments address a demonstrated community and statewide need for additional housing options and are necessary to maintain a compliant, enforceable local ADU ordinance.

Public convenience, general welfare, and good zoning practice: Adoption of the amendments promotes orderly administration of the Municipal Code, provides clearer guidance to applicants and staff, maintains local standards where legally permitted, and aligns the ordinance with current State law.

FISCAL IMPACT
None. The administrative costs will continue to be recovered through the existing ADU application deposit. ADUs exceeding 750 square feet of interior floor area will remain subject to Development Impact Fees in accordance with the Town's Master Fee Schedule. 60 CEQA COMPLIANCE
The ADU ordinance amendment is exempt from CEQA's provisions (Public Resources Code Section 21000, et seq.) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which exempts the adoption of local ordinances for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

ALTERNATIVES

1. Introduce the prepared ordinance, or;

2. Do not introduce the prepared ordinance and provide staff direction.

NEXT STEPS
If the Town Council introduces the ordinance at the first reading, the ordinance will be scheduled for a second reading and adoption at a subsequent Town Council meeting. The ordinance will become effective 30 days after adoption at second reading.

Following adoption, the Town will submit the final ordinance to HCD within 60 days, update public-facing application materials and internal review checklists and continue to process ADU and JADU applications consistent with State law and the amended ordinance.

ATTACHMENTS
Attachment A - Draft Ordinance.pdf
Attachment B - Redlined Amendments to MMC Chapter 8.124.pdf Attachment C - PC Resolution No. 04-2026 Exhibit A.pdf
Attachment D - Public Comment Letter CalHDF.pdf
Attachment E - ADU Technical Assistance Letter HCD.pdf
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TOWN OF MORAGA

TOWN COUNCIL
ORDINANCE NO. XX-2026
An Ordinance Amending Chapter 8.124, Accessory Dwelling Units, of Title 8 (Planning and Zoning) of the Moraga Municipal Code (MMC) WHEREAS, Town staff determined that the current Moraga Municipal Code (MMC) Chapter 8.124, Accessory Dwelling Units, required amendments to ensure compliance with State Law regarding Accessory Dwelling Units (ADUs), and has prepared a draft Ordinance amending MMC Chapter 8.124 to bring the code into compliance with State Law; and
WHEREAS, the Town of Moraga 2040 General Plan and 2023–2031 Housing Element include policies and programs that support the creation of affordable housing, and a diverse range of housing types, and implementation actions, including amending the Town’s accessory dwelling unit regulations to ensure ministerial approval procedures are consistent with State law, and facilitating ADU production, compliance, and tracking throughout the Town; and
WHEREAS, on June 2, 2026, the Planning Commission held a duly noticed public hearing to consider the proposed municipal code amendments related to ADUs, received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter; and
WHEREAS, the Moraga Planning Commission voted at its regular meeting on June 2, 2026, to adopt a resolution recommending that the Town Council approve the proposed ordinance amendment, including the revisions contained in the supplemental staff report dated June 2, 2026; and
WHEREAS, all required public notices for the June 24, 2026, Town Council public hearing on the proposed ordinance were published in the East Bay Times in accordance with California Government Code Sections 65090 and 65096.

NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Moraga that:

SECTION 1. Pursuant to the California Environmental Quality Act (CEQA), the ADU ordinance amendment is exempt from the provisions of CEQA (Public Resources Code Section 21000, et seq.), pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which exempts the adoption of local ordinance for ADUs and Junior Accessory Dwelling Units (JADUs).

Attachment A
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SECTION 2. Pursuant to Moraga Municipal Code Section 8.12.100, the Town Council hereby makes the following findings:
(a) The proposed Amendments to the Municipal Code are consistent with the objectives, policies, general land uses, and programs specified in the General Plan. The proposed code amendments will maintain the Town’s local development standard in compliance with State ADU Law and support the development of a diverse range of housing types within Moraga. They also implement General Plan policies that allow for the ministerial approval of ADUs and JADUs. In addition, the Housing Element includes programs and actions aimed at streamlining ADU approvals, and compliance with State ADU Law further advances those objectives. (b) In the case of a general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed. The proposed ordinance would maintain the Town’s local development standards for ADUs and JADUs in compliance with State ADU Law, providing a streamlined permitting process and procedures for the development of ADUs, which are permitted accessory residential uses in all zoning districts that allow residential development.
(c) A community need is demonstrated for the proposed change. The municipal code amendments would allow the Town to continue enforcing local development standards in compliance with State ADU Law facilitating the production of housing, which is urgently needed at the local and regional levels. ADUs can provide lower-cost housing opportunities for extended family members, young adults, students, seniors, caregivers, and other small households, while also providing an additional source of income for property owners.
(d) Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Adoption of the proposed amendments will promote public convenience and general welfare, allowing the Town to continue enforcing local development standards in compliance with State ADU Law. State Law requires a ministerial approval process for streamlined ADUs and JADUs, with specified objective standards, and local standards provided in this ordinance. Additionally, updating the municipal code to align with General Plan policies, Housing Element programs, and current State ADU Law represents sound planning and zoning practice.

SECTION 3: AMENDMENT OF CHAPTER 8.124 (ACCESSORY DWELLING UNITS) Chapter 8.124 (Accessory Dwelling Units) of the Moraga Municipal Code is deleted in its entirety and replaced with the following:

Article 1. General Provisions
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8.124.010 Purpose.

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.

8.124.020 Definitions.
"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. 64

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"Fully contained ADU" means an ADU which is established entirely within the preexisting 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 livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. "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 of interior livable space, 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. If the JADU shares sanitation facilities with the primary structure, the property owner shall reside onsite in either the primary residence or the JADU. If the JADU has separate sanitation facilities, no owner-occupancy is required. The owner-occupancy requirement shall not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
"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.
"Business day" means any day that Moraga Town Hall is open for business to the public.

8.124.030 Subdivision.

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.

8.124.040 Permit required.

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.
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8.124.050 Density and use.

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.

8.124.060 ADUs authorized as part of new construction.

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 8.124.170.

8.124.070 Impact fees.

All ADUs and JADUs 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 has seven hundred fifty (750) square feet of interior livable space or less, or a JADU that has five hundred (500) square feet of interior livable space or less.

B. Any impact fee that is required for an ADU that has more than seven hundred fifty (750) square feet of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the interior livable space of the ADU divided by the interior livable space of the primary dwelling 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. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
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8.124.080 General requirements.

The following general requirements apply to all ADUs and JADUs.

A. No ADU or JADU is required to provide fire sprinklers if they are not required for the primary residence. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling or existing multifamily dwelling.

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 a JADU, a deed restriction shall be recorded against the title of the property as required in Article 5 of this chapter.

No deed restriction shall be required for an ADU.

E. When an ADU is approved concurrently with a proposed primary unit, final occupancy of the ADU shall not be issued before final occupancy of the primary unit.

F. Rental Terms. No ADU or JADU shall be rented for a term of thirty (30) consecutive days or less.

8.124.090 Procedures
A. This section shall provide for and govern the ministerial review of applications for streamlined ADUs and JADUs under Article 2 and standard ADUs under Article 3.

B. Applications for streamlined ADUs and JADUs, and standard ADUs under this article shall be approved ministerially by the Planning Director without discretionary review, further design review, or public hearing, pursuant to the procedures set forth in this article.

C. No more than one standard attached or detached ADU shall be permitted per lot and must meet the general requirements in Section 8.124.080, the development standards in Section 8.124.130, the design standards in Section 8.124.140.

D. Procedure for Review.
(1) Within fifteen (15) business days after receiving an application, the planning director or designee shall determine whether the application is complete and provide written notice of the determination to the applicant. If the application is determined to be incomplete, the planning director shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. If the planning director does not make a timely determination within fifteen (15) business days, the application shall be deemed complete. 67

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(2) Within sixty (60) calendar days after receiving a completed application, the planning director shall approve or deny an application through a ministerial review process and issue an ADU permit if the requirements of either Sections

8.124.080, 8.124.120, 8.124.130 and 8.124.140, as applicable, have been satisfied. If the planning director has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved. If the planning director denies the application, the planning director shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

The planning director shall deny an application for an ADU if the applicable requirements 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. If a permit application is determined to be incomplete or is denied, the applicant may appeal that decision in writing to the planning commission, as applicable, in accordance with the provisions of Moraga Municipal Code Chapter

8.12, Article 4. The town shall provide a final written determination not later than sixty (60) business days after receipt of the applicant’s written appeal.

G. Notwithstanding the procedures in Sections 8.124.080(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.

8.124.100 Exemption for hillside development permit.

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.

8.124.110 Unpermitted ADUs and JADUs constructed before January 1, 2020.

The town shall not deny a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations or because the ADU or JADU does not comply with state ADU law or a local ordinance, unless the town makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure, or the building is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
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Article 2. Streamlined ADUs and JADUs

8.124.120 Development standards for streamlined ADUs and JADUs.

Pursuant to California Government Code Section 66323, the town shall ministerially approve an application for a building permit within a residential or mixeduse zone to create any of following types of ADUs and JADUs, or any combination thereof ("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. This subsection applies to ADUs created by converting existing space, as applicable below, whether within a single-family dwelling, accessory structure, or multifamily building.
(1) Conversion of an existing structure. 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, with setbacks sufficient for fire and safety. 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) Conversion of non-livable space in a multifamily building. 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 twentyfive (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. 69

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(2) The owner of a parcel proposed for a JADU shall occupy as a principal residence either the primary unit or the JADU if sanitation facilities are shared.
(3) As set forth in Section 8.124.200, neither the JADU nor the primary unit shall be sold independently of each other.
(4) The JADU shall have a separate entrance from the main entrance to the primary dwelling. If the JADU does not include a separate bathroom, the JADU shall include an interior entrance to the main living area of the primary unit.
(5) The interior livable space of a JADU shall not be larger than five hundred (500) square feet.
(6) 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 JADU.
(7) No additional parking is required beyond that required for the primary unit, including when the JADU is converted from an attached garage.

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 has a proposed or existing singlefamily dwelling. The lot may also contain a JADU permitted pursuant to Section 8.124.120.B and a fully contained ADU permitted pursuant to Section 8.124.120.A.
(2) The side and rear setbacks are at least four feet.
(3) The total interior livable space is not more than eight hundred (800) square feet.
(4) The height does not exceed the limits set forth in 8.124.130 subdivision E.

D. Detached ADUs on a lot that has an existing or proposed multifamily building, with the following standards:
(1) On a lot with an existing multifamily dwelling, up to eight (8) detached ADUs are permitted, provided that the number of ADUs does not exceed the number of existing units on the lot or on a lot with a proposed multifamily dwelling, no more than two (2) detached ADUs are permitted. (2) The side and rear setbacks are at least four feet.
(3) The height does not exceed the limits set forth in 8.124.130 subdivision E. (4) The ADUs are detached from the multifamily building. 70

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Article 3. Standard ADUs

8.124.130 Development standards for standard attached and detached ADUs.

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 singlefamily residential development, or MOSO or non-MOSO 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. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions, including height, as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

E. The following height limitations shall apply to standard attached or detached ADUs:
(1) Detached ADUs: sixteen (16) feet on a lot with an existing or proposed singlefamily or multifamily dwelling. (2) Detached ADUs near transit: eighteen (18) feet on a lot with an existing or proposed single-family or multifamily dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two (2) feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (3) Detached ADUs on multifamily multistory lots: eighteen (18) feet on a lot with an existing or proposed multifamily, multistory dwelling. 71

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(4) Attached ADUs: twenty-five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. The ADU shall not exceed two stories.

A skirt wall (if any) shall be included in the maximum 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 shall not exceed 1,200 square feet. 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.

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 72

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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, covered parking structure, or uncovered parking space 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. (4) Notwithstanding any other provisions of this Subsection 8.124.130(K), 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. When the permit application for the ADU is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other applicable parking exemption criteria.
f. Nothing in this Section 8.124.130(K) shall be construed as requiring parking to be provided for a streamlined ADU.

8.124.140 Design standards for standard attached and detached ADUs.

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 and materials of the attached or detached ADU shall match or be consistent in type and quality with those used on the primary unit.

Architectural and landscape designs of the attached or detached ADU and its appurtenances (e.g. mailboxes) shall use the same or similar materials, colors, and design elements as the primary unit.
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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.

Article 4. Procedures and Standards for Review of Accessory Dwelling Units Not Qualifying for Ministerial Review
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8.124.150 Purpose.

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 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.

8.124.160 Applicability.

This article is only applicable to provide alternative processes to the statutory requirements for ministerial review, and to thereby provide for 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.

8.124.170 Conditional use permit procedures.

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 8.124.180. 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 8.124.170 and Section 8.124.180. 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. The number of ADUs and JADUs on the lot shall not exceed the number allowed under Sections 8.124.120 and 8.124.140, as applicable.

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.

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D. The square footage of an attached ADU shall not exceed fifty (50) percent of the pre-existing interior livable space of the existing primary unit, calculated before the addition of the attached ADU, except that the foregoing limitation shall not restrict an attached ADU to less than eight hundred (800) square feet of interior livable space.

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(K)(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.

8.124.180 Design review procedures.

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.

Article 5. Deed Restriction

8.124.190 Applicability.

The requirements of this Article 5 shall apply to JADUs only:

A. JADUs approved under Article 2.

8.124.200 Requirements.

Prior to the issuance of a building permit for a JADU, the property owner shall record in the office of the Contra Costa County Recorder a deed restriction setting forth 76

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the following requirements, in a form satisfactory to the planning director and the town attorney:

A. The primary unit and the JADU established on the same lot may not be sold independently of each other.

B. If the JADU shares sanitation facilities with the primary structure, the owner of the property shall reside in either the primary residence or the JADU as the owner’s principal residence. If the JADU has separate sanitation facilities, no owner-occupancy is required. The owner-occupancy requirement shall not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

C. The size and attributes of the JADU shall conform with the requirements of this chapter and state law.

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SECTION 4: EFFECTIVE DATE
This Ordinance become effective thirty (30) days after its final passage and adoption.

SECTION 5: SEVERABILITY
If any provision of the Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or applications of the Ordinance. To this end, the provisions of this Ordinance are severable. This Town Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 6: PUBLICATION
The Town Clerk shall cause this Ordinance to be published in accordance with State law.

The foregoing Ordinance was introduced at a regular meeting of the Town Council of the Town of Moraga, California, held on June 24, 2026, and was adopted and ordered published at a regular meeting of the Town Council held on [MONTH, DATE, YEAR] by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Recused:
____________________________
Kerry Hillis, Mayor
___________________________________
Attest: Amy Heavener, Town Clerk
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Chapter 8.124 Accessory Dwelling Units
Article 1. General Provisions

8.124.010 Purpose.

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 ATTACHMENT B: REDLINED AMENDMENTS TO MORAGA
MUNICIPAL CODE CHAPTER 8.124
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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 preexisting 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 livable space" means the gross interior horizontal area of a space in 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. Intended for human habitation, including living, sleeping, eating, cooking or sanitation.
"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 of interior livable space, 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. If the JADU shares sanitation facilities with the primary structure, the property owner shall reside onsite in either the primary residence or the JADU. If the JADU has separate sanitation facilities, an ADU no owner occupancy is required. The owner-occupancy requirement shall not apply if the property is entirely owned by another governmental agency, land trust, or the JADU housing organization. "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.
“Business day” means any day that Moraga Town Hall is open for business to the public.
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8.124.030 Subdivision.

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.

8.124.040 Permit required.

8.124.050 Density and use.

8.124.060 ADUs authorized as part of new construction.

A. Design review approval of a new single-family dwelling.

8.124.070 Impact fees.

All ADUs and JADUs 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 has seven hundred fifty (750) square feet in floor area. of interior livable space or less, or a JADU that has five hundred (500) square feet of interior livable space or less. 81

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B. Any impact fee that is required for an ADU that is has more than seven hundred fifty (750) square feet or larger in floor area of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area interior livable space of the ADU divided by the floor area interior livable space of the primary dwelling 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. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

8.124.080 General requirements.

The following general requirements apply to all ADUs and JADUs.

A. The ADU is not No ADU or JADU is required to provide fire sprinklers if they are not required for the primary unit Residence. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling or existing multifamily dwelling.

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.

D. Prior to issuance of a building permit for an ADU or a JADU, a deed restriction shall be recorded against the title of the property as required in Article 5 of this title chapter. No deed restriction shall be required for an ADU.

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.

F. Rental Terms. No ADU or JADU shall be rented for a term of thirty (30) consecutive days or less.

8.124.090 Procedures
A. This section shall provide for and govern the ministerial review of applications for streamlined ADUs and JADUs under Article 2 and standard ADUs under Article 3.

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The planning director shall deny an application for an ADU if the applicable requirements have not been satisfied.

8.12, Article 4. The town shall provide a final written determination not later than sixty (60) business days after receipt of the applicant’s written appeal.

8.124.100090 Exemption for hillside development permit.

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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.

8.124.110 Unpermitted ADUs and JADUs constructed before January 1, 2020.

Article 2 Ministerial Review for Streamlined ADUs and JADUs

8.124.100 Procedures.

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.

8.124.120110 Development standards for streamlined ADUs and JADUs.

Pursuant to California Government Code Section 65852.2(e)66323, the town shall ministerially approve an application for a building permit within a residential or mixeduse zone to create any of following types of ADUs and JADUs, or any combination thereof ("Streamlined ADUs and JADUs")”), that comply with the general requirements 84

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of Section 8.124.080 and the applicable standards described in subsections A through D.

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 if sanitation facilities are shared.
(3) As set forth in Section 8.124.200210, neither the JADU nor the primary unit shall be sold independently of each other.
(4) As set forth in Section 8.124., neither the JADU nor the primary unit shall be rented for periods of less than thirty (30) consecutive days. 85

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(45) The A JADU shall have an exterior entry a separate entrance from the main entrance to the primary dwelling. If the primary unit to serve the JADU does not include a separate bathroom, the JADU shall include an interior entrance to the main living area, and must have interior access if the JADU shares sanitary facilities with of the primary unit. (56) The interior living area livable space of a JADU shall not be larger than five hundred (500) square feet in size.
(67) 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. JADU.
(78) No additional parking is required beyond that required for the primary unit, including when the JADU is converted from an attached garage.

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 has a proposed or existing single-family dwelling. The lot may also contain a JADU permitted pursuant to Section 8.124.120110.B and a fully contained ADU permitted pursuant to Section 8.124.120.A. (2) Front yard setbacks consistent with the applicable zoning district to the extent such setbacks do not preclude development of an ADU. (23) The side and rear setbacks are at least four feet. (34) The total interior floor area livable space is not more than eight hundred (800) square feet.
(45) The height is sixteen (16) feet or less. does not exceed the limits set forth in 8.124.130 Subdivision E.

D. No more than two Detached ADUs on a lot that has an existing or proposed multifamily building with the following standards:
(1) On a lot with an existing multifamily dwelling, up to eight (8) detached ADUs are permitted, provided that the number of ADUs does not exceed the number of existing units on the lot or on a lot with a proposed multifamily dwelling, no more than two (2) detached ADUs are permitted. (2) Front yard setbacks consistent with the applicable zoning district to the extent such setbacks do not preclude development of an ADU. (23) The side and rear setbacks are at least four feet. (34) The height sixteen (16) feet or less. does not exceed the limits set forth in

8.124.130 subdivision E.
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(45) The ADUs are detached from the multifamily building.

Article 3. Ministerial Review for Standard ADUs

8.124.120 Procedures.

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 of 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.

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, 87

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may seek discretionary approval of an ADU in accordance with the alternative procedures set forth in Article 4 of this chapter.

8.124.130 Development standards for standard attached and detached ADUs.

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 singlefamily 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:

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(4) Attached ADUs: twenty-five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. The ADU shall not exceed two stories.

A skirt wall (if any) shall be included in the maximum height measurement 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 shall not exceed 1,200 square feet. 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.

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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, covered parking structure, or covered parking structure uncovered parking space 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(K), 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. When the permit application for the ADU is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot, provided that the ADU or the parcel satisifies any other applicable parking exemption criteria.
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ef. Nothing in this Section 8.124.130(KL) shall be construed as requiring parking to be provided for a streamlined ADU.

8.124.140 Design standards for standard attached and detached ADUs.

A. Exterior colors, materials, architectural and materials of the attached or detached ADU shall match or be consistent in type and quality with those used on the primary unit. Architectural and landscape designs of the attached or detached ADU and its appurtenances (e.g. mailboxes) shall be compatible with those of use the same or similar materials, colors, and design elements as the primary unit.

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

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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.

Article 4. Procedures and Standards for Review of Accessory Dwelling Units Not Qualifying for Ministerial Review

8.124.150 Purpose.

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.

8.124.160 Applicability.

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.

8.124.170 Administrative adjustment.

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
Type of Adjustment Allowed Maximum Adjustment
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1. Height. An increase in the
maximum aggregate building height.

Ten percent, or two feet, whichever is greater, provided that such height does not exceed that of the primary unit

2. Parking Space Dimensions. A
decrease in the minimum dimensions
of a required parking space.

Reduction to not less than eight feet by eighteen (18) feet

3. New deck(s), balcony(ies) or
porches: Increase in aggregate area.

Twenty-five (25) percent increase

4. The nature of the material used for
the parking spaces required under
Section 8.124.060(B)(13)(b)
A non-permeable surface may be allowed if the applicant presents site-specific civil and geotechnical evidence, satisfactory to the planning director and town engineer, that the use of a permeable material for the required parking space on the lot would be inappropriate.

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.

8.124.170180 Conditional use permit procedures.

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 8.124.180190. 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 8.124.170180 and Section 8.124.180190. 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:
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A. There shall be no more than one ADU or JADU per lot. The number of ADUs and JADUs on the lot shall not exceed the number allowed under Sections

8.124.120110 and 8.124.140120, as applicable.

C. The interior livable space of an attached or detached ADU shall be at least one hundred fifty (150) square feet and shall not exceed 1,200 square feet. The square footage of an attached ADU shall not exceed fifty (50) percent of the pre-existing interior livable space of the primary unit, calculated before the addition of the attached ADU. 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 livable space of the existing primary unit, calculated before the addition of the attached ADU, except that the foregoing limitation shall not restrict an attached ADU to less than eight hundred (800) square feet of interior livable space.

E. The ADU will comply with all of the required setbacks of the applicable zoning district.

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.

8.124.180190 Design review procedures.

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Article 5. Deed Restriction

8.124.190200 Applicability.

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

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.

8.124.200210 Requirements.

Prior to the issuance of a building permit for any ADU or a 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 If 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. shares sanitation facilities with the primary structure, the owner of the property shall reside in either the primary residence or the JADU as the owner’s principal residence. If the JADU has separate sanitation facilities, no owner-occupancy is required. The owner-occupancy requirement shall not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(1) All ADUs approved before January 1, 2020, are subject to the owneroccupancy 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. 95

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(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.

CD. 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. size and attributes of the JADU shall conform with the requirements of this chapter and state law.

DE. 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. restrictions described in this Section 8.124.200 shall be binding upon any successor in ownership of the property and lack of compliance may result in legal action against the property owner. 96

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Attachment C

TOWN OF MORAGA

PLANNING COMMISSION
RESOLUTION NO. 04-2026
Recommending that the Town Council Adopt Amendments to Chapter 8.124, Accessory Dwelling Units, of Title 8 (Planning and Zoning) of the Moraga Municipal Code (MMC)
WHEREAS, in February 2026, the Town received a technical assistance letter in from the California Department of Housing and Community Development (HCD) identifying changes to State Accessory Dwelling Unit (ADU) Laws that have occurred since the Town’s last ADU ordinance update in 2021. and WHEREAS, the HCD letter stated that pursuant to California Government Code Section 66316, if a local agency’s ADU ordinance does not comply with State ADU Law, the ordinance is null and void, and the local agency must apply the standards established under State ADU Law until a compliant ordinance is adopted; and WHEREAS, Town staff determined that the current Moraga Municipal Code (MMC) Chapter 8.124, Accessory Dwelling Units, was not in compliance with State ADU Law, and to comply with the HCD technical assistance letter, has prepared a draft Ordinance amending MMC Chapter 8.124 to bring the code into compliance with State ADU Law; and
WHEREAS, the Town of Moraga 2040 General Plan and 2023–2031 Housing Element include policies and programs that support the creation of affordable housing, and a diverse range of housing types, and implementation actions, including amending the Town’s accessory dwelling unit regulations to ensure ministerial approval procedures are consistent with State law, and facilitating ADU production, compliance, and tracking throughout the Town; and
WHEREAS, required public notices for the Planning Commission hearing on the proposed zoning code amendments were provided in the East Bay Times on May 13, 2026 in compliance with Government Code Section 65854; and WHEREAS, on June 2, 2026, the Planning Commission held a duly noticed public hearing to consider the proposed municipal code amendments related to ADUs, received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter; and
NOW THEREFORE BE IT RESOLVED by the Planning Commission of the Town of Moraga that:
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Attachment C
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA), the ADU ordinance amendment is exempt from the provisions of CEQA (Public Resources Code Section 21000, et seq.), pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which exempts the adoption of local ordinance for ADUs and Junior Accessory Dwelling Units (JADUs).

SECTION 2. Pursuant to Moraga Municipal Code Section 8.12.100, the Planning Commission hereby makes the following findings:
(a) The proposed Amendments to the Municipal Code are consistent with the objectives, policies, general land uses, and programs specified in the General Plan. The proposed code amendments will maintain the Town’s local development standard in compliance with State ADU Law and support the development of a diverse range of housing types within Moraga. They also implement General Plan policies that allow for the ministerial approval of ADUs and JADUs. In addition, the Housing Element includes programs and actions aimed at streamlining ADU approvals, and compliance with State ADU Law further advances those objectives. (b) In the case of a general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed. The proposed ordinance would maintain the Town’s local development standards for ADUs and JADUs in compliance with State ADU Law, providing a streamlined permitting process and procedures for the development of ADUs, which are permitted accessory residential uses in all zoning districts that allow residential development.
(c) A community need is demonstrated for the proposed change. The municipal code amendments would allow the Town to continue enforcing local development standards in compliance with State ADU Law facilitating the production of housing, which is urgently needed at the local and regional levels. ADUs can provide lower-cost housing opportunities for extended family members, young adults, students, seniors, caregivers, and other small households, while also providing an additional source of income for property owners.
(d) Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Adoption of the proposed amendments will promote public convenience and general welfare, allowing the Town to continue enforcing local development standards in compliance with State ADU Law. State Law requires a ministerial approval process for streamlined ADUs and JADUs, with specified objective standards, and local standards provided in this ordinance. Additionally, updating the municipal code to align with General Plan policies, Housing Element programs, and current State ADU Law represents sound planning and zoning practice.

SECTION 3: The Planning Commission hereby recommends that the Town Council of the Town of Moraga adopt the Ordinance shown in Exhibit “A,” which is included by 98

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Attachment C
reference as part of this Resolution and which may be further amended by staff to incorporate minor clarifications and formatting changes.

PASSED AND ADOPTED by the Planning Commission of the Town of Moraga at a regular meeting held on June 2, 2026, by the following vote:

Ayes: Commissioners Moore, Polsky, Weber and Helber
Noes: Chair Mapel and Commissioner Rane
Abstain:

Absent: Vice Chair Bode
Recused:

Alexis Mapel, Chair
Attest: Sonia Urzua, Planning Director
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Attachment C
CHAPTER 8.124 ACCESSORY DWELLING UNITS
Article 1. General Provisions

8.124.010 Purpose.

A. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code.

EXHIBIT A: DRAFT ORDINANCE FOR TOWN COUNCIL CONSIDERATION 100

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"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 preexisting 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 livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. "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 of interior livable space, 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. If the JADU shares sanitation facilities with the primary structure, the property owner shall reside onsite in either the primary residence or the JADU. If the JADU has separate sanitation facilities, no owner-occupancy is required. The owner-occupancy requirement shall not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
"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.
"Business day" means any day that Moraga Town Hall is open for business to the public.

8.124.030 Subdivision.

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. 101

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8.124.040 Permit required.

8.124.050 Density and use.

8.124.060 ADUs authorized as part of new construction.

A. Design review approval of a new single-family dwelling.

8.124.070 Impact fees.

All ADUs and JADUs shall be subject to any applicable impact fees adopted by the town, except as provided below.

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does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

8.124.080 General requirements.

The following general requirements apply to all ADUs and JADUs.

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.

D. Prior to issuance of a building permit for a JADU, a deed restriction shall be recorded against the title of the property as required in Article 5 of this chapter.

No deed restriction shall be required for an ADU.

E. When an ADU is approved concurrently with a proposed primary unit, final occupancy of the ADU shall not be issued before final occupancy of the primary unit.

F. Rental Terms. No ADU or JADU shall be rented for a term of thirty (30) consecutive days or less.

8.124.090 Procedures
A. This section shall provide for and govern the ministerial review of applications for streamlined ADUs and JADUs under Article 2 and standard ADUs under Article 3.

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made complete. If the planning director does not make a timely determination within fifteen (15) business days, the application shall be deemed complete. (2) Within sixty (60) calendar days after receiving a completed application, the planning director shall approve or deny an application through a ministerial review process and issue an ADU permit if the requirements of either Sections

The planning director shall deny an application for an ADU if the applicable requirements have not been satisfied.

8.12, Article 4. The town shall provide a final written determination not later than sixty (60) business days after receipt of the applicant’s written appeal.

8.124.100 Exemption for hillside development permit.

8.124.110 Unpermitted ADUs and JADUs constructed before January 1, 2020.

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Article 2. Streamlined ADUs and JADUs

8.124.120 Development standards for streamlined ADUs and JADUs.

B. A JADU complying with the following standards:
(1) One JADU is allowed on a lot containing an existing single-family dwelling. 105

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Article 3. Standard ADUs

8.124.130 Development standards for standard attached and detached ADUs.

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(4) Attached ADUs: twenty-five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. The ADU shall not exceed two stories.

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.

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.

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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, covered parking structure, or uncovered parking space 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. (4) Notwithstanding any other provisions of this Subsection 8.124.130(K), 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. When the permit application for the ADU is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other applicable parking exemption criteria.
f. Nothing in this Section 8.124.130(K) shall be construed as requiring parking to be provided for a streamlined ADU.

8.124.140 Design standards for standard attached and detached ADUs.

A. Exterior colors and materials of the attached or detached ADU shall match or be consistent in type and quality with those used on the primary unit.

Architectural and landscape designs of the attached or detached ADU and its appurtenances (e.g. mailboxes) shall use the same or similar materials, colors, and design elements as the primary unit.
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B. All exterior lighting shall be directed downward and/or inward toward the property.

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

Article 4. Procedures and Standards for Review of Accessory Dwelling Units Not Qualifying for Ministerial Review
110

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8.124.150 Purpose.

8.124.160 Applicability.

8.124.170 Conditional use permit procedures.

A. The number of ADUs and JADUs on the lot shall not exceed the number allowed under Sections 8.124.120 and 8.124.140, as applicable.

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E. The ADU will comply with all of the required setbacks of the applicable zoning district.

I. Provisions have been made for a deed restriction as provided in Article 5 of this chapter to be recorded against the property.

8.124.180 Design review procedures.

Article 5. Deed Restriction

8.124.190 Applicability.

The requirements of this Article 5 shall apply to JADUs only:

A. JADUs approved under Article 2.
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8.124.200 Requirements.

Prior to the issuance of a building permit for a 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 JADU established on the same lot may not be sold independently of each other.

C. The size and attributes of the JADU shall conform with the requirements of this chapter and state law.

D. The restrictions described in this Section 8.124.200 shall be binding upon any successor in ownership of the property and lack of compliance may result in legal action against the property owner.
113
Jun 2, 2026
Town of Moraga
329 Rheem Blvd
Moraga, CA 94556
By email: [email protected]
Cc: [email protected]; [email protected]; [email protected] Re: Proposed Amendments to the Town’s ADU Ordinance
Dear Moraga Planning Commission,
The California Housing Defense Fund (CalHDF) submits this letter as a public comment regarding item 6a for the Planning Commission meeting of June 2, 2026, an amendment to the Town code sections governing the construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

There are areas where the proposed ADU ordinance violates state law, and the Town must address these issues prior to passing the ordinance.

Background
The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) 2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
Attachment D
114
In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
Impermissible Owner Occupancy Requirement for JADUs
Proposed code section 8.124.120(B)(2) requires, “The owner of a parcel proposed for a JADU shall occupy as a principal residence either the primary unit or the JADU.” However, AB 1154 amended state ADU law so that owner-occupancy is only required if the JADU does not have its own bathroom. Government Code section 66333, subdivision (b): “...

Owner-occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities …”

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definition is updated to align with Government Code Section 66333(b). Owner-occupancy is required only when the JADU shares sanitation facilities with the primary structure …” However the City has not updated code section 8.124.120(B)(2), which still requires owner occupancy for all JADUs, including those with their own bathrooms.

The Town must amend the proposed ADU ordinance to remove this owner-occupancy requirement for JADUs if they have their own bathrooms.

Impermissible Front Setbacks
Code sections 8.124.120(C)(2) and 8.124.120(D)(2) impose front setbacks of the underlying zoning district on all new construction, detached ADUs developed pursuant to Government Code section 66323 “to the extent such setbacks do not preclude development of an ADU.” However, Government Code section 66323, subdivision (b) does not permit any imposition of front setback requirements if the ADUs qualify for the protections of that section of law, as this section of state law exempts section 66323 ADUs from all local standards.. The Town therefore must allow front yard ADUs that comply with the standards in Government Code section 66323, subdivision (a) both on single family and on multifamily properties.

There are many policy reasons for this. For instance, a homeowner may prefer to preserve a private backyard space while redeveloping the less useful front yard. While children may 2 of 3
115
play in the backyard, the front yard is closer to the street and less safe for a variety of activities. The Town therefore must allow front yard ADUs that comply with the standards in Government Code section 66323, subdivision (a) both on single family and on multifamily Properties.

HCD has issued guidance under its authority in Government Code section 66327 (that guidance is located in the March 2026 HCD ADU Handbook, page 18) affirming the duty of local agencies to allow ADUs protected by Government Code section 66323 in the front setback under all circumstances. This applies whether the property is a single family home or a multifamily building. From page 19 of the Handbook: “... 66323 Units do not have to comply with lot coverage, front setbacks, and design standards.” (emphasis added) The Town must amend this ordinance to eliminate front setback requirements, for section 66323 ADUs, as is required by state law.
⧫ ⧫ ⧫
It is laudable that the Town is updating its ADU regulations as state law changes. However, the Town should make sure that its zoning code for ADUs complies with state law.

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
3 of 3
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 27, 2026
Shawna Brekke-Read
Planning Manager
City of Moraga
329 Rheem Blvd., Suite 1
Moraga, CA 94556
Dear Shawna Brekke-Read:

RE: City of Moraga – Accessory Dwelling Unit (ADU) Ordinance Updates – Letter of Technical Assistance
The most recent ADU ordinance on file for the City of Moraga with the California Department of Housing and Community Development (HCD) is from 2021. Given the numerous changes to State ADU Law since the adoption of the ordinance, the ordinance may be outdated and out of compliance with State ADU Law. If HCD’s records are incorrect, and a new ordinance has been adopted, please submit it to the ADU Portal for HCD’s review.

Below are the changes to State ADU Law that have occurred in recent years and may warrant an update to the City of Moraga ADU ordinance:

Updates to the ADU Handbook (2025)
• Clarifies that ADU Law prohibits deed restrictions on ADUs. A deed restriction would be an “additional standard” and thus cannot be imposed on ADUs (Gov.

Code, § 66315).
• Clarifies that homeowners’ associations (HOAs), as a third party, cannot influence the approval of an application to create an ADU. Third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov.

Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or junior ADU (JADU) permit application (Gov. Code, § 66317, subd. (c)).
• Clarifies that a local agency may not require parking as a condition to permitting a JADU, even when the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).

Attachment E
117
Shawna Brekke-Read, Planning Manager

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Changes to ADU Law in 2025:
• Specifies that if a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, owner-occupancy will not be required (Gov. Code, § 66333, subd. (b)).
• Requires rental terms for JADUs for terms longer than 30 days (Gov. Code, § 66333, subd. (g)).
• Specifies that if a local agency fails to submit an adopted ADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs (Gov.

Code, § 66326, subd. (d)).
• Revises the definition of a “junior accessory dwelling unit” to require the size of a JADU to be no more than 500 square feet of interior livable space (Gov. Code, § 66313, subd. (d)).
• Revises the limitations on impact fees to, instead, prohibit impact fees upon the development of an ADU that has 750 square feet of interior livable space or less or a JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit (Gov. Code, § 66311.5, subds. (a) – (d)). • Requires a permitting agency to determine whether an application for an ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application (Gov.

Code, § 66317, subd. (a)(2)(A)).
• Requires the permitting agency to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice and authorizes the applicant to cure and address the application, as specified, if it is determined that an application is incomplete (Gov. Code, § 66317, subd. (a)(2)(B)).
• Requires the permitting agency to provide a process for the applicant to appeal a denied application, as provided, and requires the permitting agency to provide a final written determination by not later than 60 business days after receipt of the written appeal if a permit application is determined to be incomplete or is denied (Gov. Code, § 66317, subd. (d)(1)).
• Specifies that an ADU or JADU that contains less than 500 square feet of interior livable space does not increase assessable space. • Revises size limitations to be based on the square footage of interior living space of the ADU (Gov. Code, § 66321, subds. (b)(2)(A), (b)(2)(B), and (b)(3)). 118
Shawna Brekke-Read, Planning Manager

Page 3 ends

• Specifies the number of allowable ADUs per lot with a proposed or existing single-family dwelling (Gov. Code, § 66323, subd. (a).
• Clarifies that fire sprinklers are not required for a JADU if the primary residence does not have fire sprinklers and that the addition of a JADU cannot trigger the requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)). • Adds section 66333.5, which specifies that if a local agency fails to submit an adopted JADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when processing applications for ADUs.
• Requires a local agency to issue a certificate of occupancy for an ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
• Creates an exception to areas that fall under the California Coastal Act by requiring a local government or the Coastal Commission, as specified, to either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (a).) • Specifies that no reimbursement is required for school service charges, fees, or assessments sufficient to pay for the program or level of service within the meaning of Government Code section 17556 (Gov. Code, § 66329). • Specifies that reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civil Code, § 714.3, subd. (b)).

Changes to ADU Law in 2024:
• SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws. • Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Gov.

Code, § 66332, subds. (a)-(c)).
• Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
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Shawna Brekke-Read, Planning Manager

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• Provides that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code, § 66314, subd. (d)(11)).
• Changes the allowable number of detached ADUs on a lot with an existing multifamily dwelling to eight detached ADUs, provided that the number of ADUs does not exceed the number of existing units on the lot (Gov. Code, § 66323, subd. (a)(4)(A)(ii)).
• Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a) (Gov. Code, § 66323, subd. (b)).

Changes to ADU Law in 2023:
• Sunsets a former prohibition on a local agency imposing an owner occupancy requirement on any ADU and instead prohibits a local agency from requiring owner occupancy for an ADU (Gov. Code, § 66315).
• Allows a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342).

If an existing ADU ordinance fails to meet the requirements of State ADU Law, the ordinance is “null and void” and the local jurisdiction must apply the standards set forth in State ADU Law until it adopts an ordinance that complies with state law (Gov. Code, § 66316). HCD recommends that a local jurisdiction with a noncompliant ADU ordinance repeal the ordinance to provide clarity for ADU applicants who may otherwise rely on the outdated ordinance.

HCD requests a response by March 29, 2026 with either (1) a description of how the ADU ordinance continues to comply with State ADU Law despite the changes to the law, or (2) a plan and timeline to either repeal the current ordinance or adopt an amended, compliant ordinance and submit it to HCD for review.

If you have any questions or need additional information, please contact David Barboza at [email protected].

Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
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DEPARTMENT REPORTS: 9A.

To: Honorable Mayor & Councilmembers
From: Sonia Urzua, Planning Director, Cassius Carandang, Assistant Planner Subject: Pre-Approved ADU Program Launch in Partnership with Lafayette and Orinda.

Meeting Date: June 24, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Receive information on the Town’s participation in the Senate District 7 ADU Accelerator Program to develop pre-approved ADU plans in partnership with Lafayette and Orinda.

BACKGROUND
The California Budget Act of 2023 allocated $2.5 million through the California Department of Housing and Community Development (HCD) to support the Senate District 7 ADU Accelerator Program in Contra Costa and Alameda Counties. The program funds two initiatives: (1) financial incentives for residents constructing ADUs and (2) development of preapproved ADU plans, with the goal of facilitating the construction of 350 ADUs to help address the State’s housing shortage.

On June 25, 2025, Town staff presented the ADU Accelerator Program to the Town Council and in particular the financial incentive providing rebates for deed-restricted affordable ADUs and non-restricted ADUs. No action was required of the Town Council because the item was presented as a departmental report for informational purposes.

The Town is now advancing the pre-approved ADU plan component of the program and has been awarded $50,000.00 in grant funding. Pre-approved ADU plans are standard ADU design packages that are reviewed in advance for consistency with applicable zoning and development standards. Site-specific requirements, including an individual site plan and any required engineering or building review, will still apply. The plans are intended to reduce upfront design costs for residents and streamline the ADU review process.

The grant-funded program concludes on September 30, 2026. As a condition of funding, each participating jurisdiction must provide an adopted Council resolution approving the completed pre-approved ADU plans before the program deadline. If a resolution is not adopted by the 121
deadline, grant funds may be subject to return in accordance with the program requirements.

DISCUSSION
Lafayette and Orinda Collaboration
The Town is collaborating with Lafayette and Orinda to develop a shared library of six (6) preapproved ADU plans for use within each jurisdiction. The partnership allows the three participating jurisdictions to pool Senate District 7 funding and coordinate the consultant work needed to prepare high-quality designs that can be adapted to a range of lots and site conditions. Each jurisdiction anticipates contributing its $50,000.00 grant allocation, for a total anticipated project budget of $150,000.00, subject to the terms of the Memorandum of Understanding (MOU).

The following summarizes actions completed to date and anticipated next steps for implementing the program.

1. Consultant Selection and Request for Proposals Process (May-June 2026) The participating jurisdictions initiated the consultant selection process in May 2026.

Consistent with the executed MOU, Lafayette serves as the Lead Agency for the procurement and administration of the consultant agreement, in consultation with Moraga and Orinda. After the proposal period closed on May 29, 2026, the participating jurisdictions evaluated the submissions and selected RRM Design Group to prepare the pre-approved ADU plans for the Lamorinda communities.

2. Memorandum of Understanding with Lafayette and Orinda (June 2026) The Town, Lafayette, and Orinda have entered into an MOU that establishes the framework for their collaboration. The MOU provides for pooling allocated Senate District 7 funds, coordinating resources, and coordinating with respect to Lafayette’s procurement and administration of consulting and design services for the shared library of pre-approved ADU plans. Lafayette serves as the lead agency and is responsible for entering into a professional service agreement with RRM Design Group, invoice processing, and project coordination.

Moraga and Orinda may provide comments and requested revisions through Lafayette but may not authorize scope changes, additional services, contract amendments, or schedule modifications unless Lafayette authorizes them in writing. Costs are expected to be shared equally among the three participating jurisdictions based on actual costs, and each jurisdiction’s financial obligation is capped at its Senate District 7 allocation unless the MOU is amended in writing.

3. Pre-Approved ADU Plan Development, Public Review, and Finalization (JuneSeptember 2026) The participating jurisdictions will work with the RRM Design Group to establish project milestones, deliverables, and schedule expectations. During the summer, the consultant will prepare schematic designs for the pre-approved ADU plans, which will be made available for public and agency review through each jurisdiction's appropriate design review process. 122
After considering public and agency feedback, the participating jurisdictions will refine the preapproved ADU plans. The plans are expected to be presented to the respective City Councils and Town Council in September 2026 for consideration of a resolution approving the completed pre-approved ADU plans before the September 30, 2026 grant deadline.

4. Building Permit Review and Program Launch (October 2026-March 2027) Following Council action, the consultant will complete the building-permit-level plan sets for submission to Contra Costa County for review and approval. Staff anticipates that the preapproved ADU plans will be available on each jurisdiction’s website by early March 2027.

General Plan and Housing Element Consistency
The pre-approved ADU plans are consistent with the Moraga 2040 General Plan. Under the Community Design Element, Policy CD-4.4, Infill Development in Single-Family Neighborhoods, encourages expanding the Town’s housing supply through streamlined residential development, including accessory dwellings. Pre-approved ADU plans will reduce development costs for homeowners and streamline ADU construction on residentially zoned properties.

The pre-approved ADU plans also support the 2023-2031 Housing Element’s goal of ensuring access to opportunity and safety, including Policy H3.4, Affordable Housing in Areas of Opportunity, and Program 16, ADU Production, which promotes additional housing units within the Town’s high-resource residential neighborhoods, including the 1-DUA, 2-DUA, and 3-DUA land use designations.

FISCAL IMPACT
There is no direct General Fund impact. The ADU Accelerator Program is funded by HCD and administered by the Town of Danville as fiscal agent. The Town received a $50,000.00 check from the fiscal agent on April 27, 2026, for the development of pre-approved ADU plans.

Under the MOU, the Town will pool its grant allocation with Lafayette and Orinda, and project costs are expected to be shared equally based on actual costs, unless otherwise agreed in writing. Indirect staff costs associated with this project are absorbed within the Fiscal Year 2025–2026 General Fund Budget.

CEQA COMPLIANCE
The pre-approved ADU program is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(4). The program involves funding and administrative planning activities and does not commit the Town to a specific development project or result in a potential physical change to the environment. Future use of a preapproved ADU plan on a specific property will remain subject to applicable ADU law and permitting requirements.

ALTERNATIVES
None.
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NEXT STEPS
Unless directed otherwise, staff will continue collaborating with Lafayette and Orinda under the MOU to develop the pre-approved ADU plans. Upon completion, staff anticipates returning to the Town Council on September 9, 2026, for consideration of a resolution approving the completed pre-approved ADU plans. Following Town Council action, the resolution will be transmitted to the fiscal agent before the September 30, 2026 program deadline.

ATTACHMENTS
Attachment A - Lamorinda Memorandum of Understanding.pdf 124
1 Attachment A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF LAFAYETTE, THE TOWN OF MORAGA,

AND THE CITY OF ORINDA FOR PARTICIPATION IN
SENATE DISTRICT 7 ADU PLAN PROGRAM
This Memorandum of Understanding (“MOU”) is entered into this 9th day of June 2026 (“Effective Date”), by and between the City of Lafayette, a California municipal corporation (“Lafayette”), the Town of Moraga, a California municipal corporation (“Moraga”), and the City of Orinda, a California municipal corporation (“Orinda”). Lafayette, Moraga, and Orinda are sometimes individually referred to as “Party” and collectively as “Parties” in this MOU.

RECITALS
WHEREAS, the Senate District 7 ADU Plans Program (“SD 7”) provides funding to participating jurisdictions for the development of pre-approved Accessory Dwelling Unit (“ADU”) plans; and WHEREAS, each of the Parties has received or anticipates receiving funding through SD 7 for such purposes; and
WHEREAS, the Parties desire to collaborate to maximize the efficiency and impact of such funding by pooling resources and coordinating with respect to the procurement of consulting and design services; and
WHEREAS, the Parties intend to develop a shared library of permit-ready or pre-approved ADU plans that comply with applicable State and local regulations, subject only to site-specific requirements, such as individual site plans and structural engineering, and only for use within each Party’s jurisdiction; and
WHEREAS, the Parties are required to return any unspent program funds and provide SD 7 with adopted Council resolutions reflecting approval of the pre-approved ADU plans by the conclusion of the SD 7 program on September 30, 2026; and
WHEREAS, the Parties desire to set forth the terms and conditions governing their collaboration through this MOU.

NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Purpose
The purpose of this MOU is to establish a collaborative framework among the Parties to participate in SD 7 by pooling allocated funds, coordinating resources, and coordinating with respect to 125
2 Attachment A
Lafayette’s procurement and administration of consulting and design services for the development of a shared library of pre-approved ADU Plans (“ADU Plans”). The Parties intend that this effort will result in permit-ready or pre-approved ADU plans that comply with applicable State and local regulations, reduce upfront design and permitting costs for residents, streamline plan review and approval processes, and provide high-quality, adaptable designs suitable for a range of lot sizes and site conditions within each Party’s jurisdiction.

2. Scope of Collaboration

2.1 The Parties agree to collaborate in good faith to establish project parameters, design criteria, and program requirements. The Parties further agree to coordinate in good faith with respect to the selection of a qualified consultant or design team (“Consultant”), review and evaluation of project deliverables, and implementation of the ADU Plans. Lafayette, as Lead Agency, shall conduct the procurement process, enter into the Consultant agreement, and administer the Consultant agreement, in consultation with the other Parties as provided in this MOU. Nothing in this MOU shall obligate any Party to approve, adopt, or implement any specific ADU Plan. Each Party retains sole and absolute discretion with respect to the adoption, use, or implementation of any ADU Plans within its jurisdiction.

2.2 The Parties shall work collaboratively and in good faith to resolve any disagreements or conflicts related to implementation of this MOU. Designated staff representatives from each Party shall first meet and confer to address any issues that may arise during the program. If the designated representatives are unable to resolve the matter, the issue may be elevated to the respective City/Town Managers, or their designees, for further consideration and resolution. If the City/Town Managers, or their designees, are unable to resolve the matter, the Parties shall confer regarding appropriate next steps, which may include amendment, suspension, or termination of this MOU in accordance with its terms.

3. Lead Agency and Administration

3.1 City of Lafayette shall serve as the lead agency (the “Lead Agency”) for purposes of administering the project contemplated under this MOU. In such capacity, the Lead Agency shall be responsible for coordinating the procurement process, entering into and administering the Consultant contract, reviewing and processing invoices, and facilitating coordination among the Parties with respect to project deliverables. The Parties acknowledge that the Consultant agreement shall be between Lafayette and Consultant only, and that Moraga and Orinda shall not be parties to the Consultant agreement.

3.2 The Lead Agency shall perform its responsibilities in good faith and in a manner consistent with applicable law. However, nothing in this MOU shall be construed to impose fiduciary duties or create any heightened standard of care. The Lead Agency shall not be responsible for the independent review, approval, or implementation decisions of the other Parties. 126
3 Attachment A

3.3 Each Party shall designate a representative to coordinate with the Lead Agency regarding project administration, review of deliverables, and other related matters.

3.4 The Parties acknowledge and agree that Lafayette, as Lead Agency, shall be responsible for providing direction to Consultant under the Consultant agreement. Moraga and Orinda may provide comments, requested revisions, and other input to Lafayette regarding the ADU Plans and project deliverables, but shall not directly authorize changes in scope, additional services, contract amendments, schedule modifications, or other Consultant obligations unless expressly authorized by Lafayette in writing.

4. Term
This MOU shall become effective as of the Effective Date and shall remain in effect until completion of the ADU Plans, unless earlier terminated as provided herein.

5. Withdrawal and Termination

5.1 Any Party may withdraw from this MOU for any reason upon thirty (30) days’ written notice to the other Parties.

5.2 A withdrawing Party shall remain responsible for the funding set forth in Section 6.1 whether incurred, so long as committed prior to the effective date of withdrawal, including costs associated with any executed Consultant agreement. The withdrawing Party shall not be entitled to a refund of any funds previously expended.

5.3 This MOU may be terminated at any time by mutual written agreement of all Parties.

5.4 The Lead Agency may terminate the Consultant agreement in accordance with its terms if the project becomes infeasible, funding is insufficient, or the Parties are unable to reach agreement on material project decisions. In such event, the Parties shall be responsible for their respective shares of costs incurred through the effective date of termination.

6. Funding and Cost Sharing

6.1 Each Party anticipates contributing funding received through SD 7, currently estimated at approximately Fifty Thousand Dollars and Zero Cents ($50,000.00) per Party, toward the development of the ADU Plans. The total project budget and each Party’s anticipated contribution shall be confirmed in writing prior to execution of the Consultant Agreement, but shall in no event exceed the amount each Party receives through SD 7 toward the development of the ADU Plans.
127
4 Attachment A

6.2 Project costs shall be allocated among the Parties based on actual costs incurred for services performed under the Consultant Agreement. Unless otherwise agreed in writing by the Parties, all project costs shall be divided equally among the three Parties, with each Party responsible for a one-third (1/3) share. The Lead Agency shall be responsible for receiving and reviewing invoices from the Consultant and providing copies or summaries of Consultant invoices to the other Parties upon request.

6.3 The Lead Agency shall provide periodic accountings of project expenditures to the Parties, including copies or summaries of Consultant invoices upon request. Each Party shall be responsible for reimbursing the Lead Agency or paying its share of the invoices, as applicable, in accordance with procedures established by the Parties. Unless otherwise agreed in writing, all project costs shall be divided equally among the three participating Parties, with each Party responsible for a one-third (1/3) share.

6.4 Each Party’s total financial obligation under this MOU shall not exceed the amount of funding set forth in Section 6.1 above unless this MOU is amended in writing by the Parties. No Party shall be responsible for the financial obligations of any other Party, and no Party shall have authority to obligate any other Party to expend funds or incur liability.

7. Cost Overruns and Scope Changes

7.1 The Lead Agency shall not authorize any amendment to the Consultant contract that would increase the total project cost or materially change the scope of work unless this MOU is amended in writing by the Parties.

7.2 In the event that additional services or funding are required to complete the project, the Parties shall confer in good faith to determine whether to proceed with such work and how any associated costs will be allocated. No Party shall be obligated to contribute additional funds unless this MOU is amended in writing by the Parties.

7.3 If the Parties are unable to reach an agreement regarding additional funding or scope changes, the Lead Agency may proceed to complete the project within the existing approved budget, modify the scope accordingly, or terminate the Consultant contract, as appropriate.

8. Procurement
The procurement of the Consultant shall be conducted by the Lead Agency in a manner consistent with applicable California law and the Lead Agency’s procurement requirements. The Lead Agency shall consult with the other Parties regarding the selection of the Consultant and the scope of work, but final procurement actions shall be taken in accordance with the Lead Agency’s applicable procedures. Each Party acknowledges that it is independently responsible 128
5 Attachment A
for compliance with any procurement or contracting requirements applicable to its participation in the project.

9. Ownership and Use of Work Product
As between the Parties, all ADU Plans, drawings, specifications, and related materials developed pursuant to this MOU and the Consultant Agreement (collectively, the “Work Product”) shall be made available to each Party. Lafayette shall receive and hold the Work Product under the Consultant Agreement for purposes of the collaborative project described in this MOU. Each Party shall have a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and implement the Work Product for governmental purposes within its jurisdiction, including making such Work Product available for use by members of the public, subject to applicable local adoption and implementation requirements and the terms of the Consultant Agreement. Each Party shall be solely responsible for ensuring that any use or site-specific implementation of the Work Product complies with its local codes, ordinances, and policies. No Party makes any representation or warranty regarding the suitability of the Work Product for use by another Party.

10. Delivery of Notices
A. All notices, invoices, and other communication pertaining to this MOU must be directed to the following representatives:

If to Lafayette:

City of Lafayette
3675 Mount Diablo Blvd., #210
Lafayette, CA 94549
Attn: Madison Church, Assistant Planner
If to Moraga:

Town of Moraga
329 Rheem Blvd.

Moraga, CA 94556
Attn: Cassius Carandang, Assistant Planner
If to Orinda:

City of Orinda
22 Orinda Way
Orinda, CA 94563
Attn: Darin Hughes, Associate Planner
129
6 Attachment A
B. Any notice or other communication (“Notice”) given under this MOU shall be in writing and may be delivered by personal delivery, certified mail, postage prepaid, return receipt requested, or nationally recognized overnight courier, to the addresses set forth above or to such other address as a Party may later designate by Notice. Notice shall be deemed received: (i) immediately, if delivered by personal delivery; (ii) on the third day after deposit in the United States mail, if sent by certified mail, postage prepaid, return receipt requested; and (iii) on the next business day, if sent by nationally recognized overnight courier.

11. General Provisions

11.1 Compliance with Law. Each Party shall comply with all applicable federal, state, and local laws, regulations, and ordinances in carrying out its obligations under this MOU.

11.2 Amendments. This MOU may only be amended in writing and such amendment must be executed by all Parties.

11.3 Authority. Each person executing this MOU on behalf of a Party warrants that the person is duly authorized to execute this MOU on behalf of that Party and that by doing so, that Party is formally bound to the provisions of this MOU.

11.4 Severability. If any part of this MOU is held to be invalid, void, or otherwise unenforceable to any extent by any court of competent jurisdiction, the remainder of this MOU is not affected thereby, and all other parts of this MOU remain valid and enforceable to the fullest extent permitted by law.

11.5 Counterparts. This MOU may be executed in one or more counterparts, each of which is deemed an original. All counterparts are construed together and constitute one single MOU. A Party may sign this MOU electronically.

11.6 Governing Law. This MOU must be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action must be brought in a state or federal court in the County of Contra Costa, State of California.

11.7 Relationship of the Parties. Except as otherwise provided herein, nothing contained herein may be construed to create an association, trust, or partnership or to impose a trust or partnership obligation on or with regard to any of the Parties. Each Party is individually responsible for its own obligations as herein provided.

11.8 Indemnification. Each Party shall defend, indemnify, and hold harmless the other Parties and their respective elected and appointed officials, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable 130
7 Attachment A
attorneys’ fees) arising out of or relating to the negligent acts, errors, or intentional misconduct of the indemnifying Party, its officers, employees, contractors, or agents in connection with this MOU.

Nothing in this provision shall be construed to obligate any Party to indemnify another Party for that Party’s sole negligence or willful misconduct. For purposes of this Section, “contractors” does not include the Consultant retained by Lafayette pursuant to the Consultant Agreement, whose indemnity obligations shall be governed by the Consultant Agreement.

11.9 Waiver. The delay or failure of any Party at any time to require performance or compliance by another Party of any of its obligations or agreements does not waive a right to require such performance or compliance. No waiver of any provision of this MOU is effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event may not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor does any waiver constitute a continuing waiver.

11.10 Entire Agreement. This MOU represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representation, inducement, promise, or agreement has been made by any person that has not been incorporated herein, and that any other agreement is void.

11.11 Claims Involving Consultant Agreement. If any Party receives a claim, demand, notice, or lawsuit arising out of or relating to the Work Product, Consultant’s services, or the Consultant Agreement, that Party shall promptly notify the other Parties. The Parties shall coordinate in good faith regarding any tender to Consultant or Consultant’s insurer, any request for defense or indemnity under the Consultant Agreement, and any response involving the Project or Work Product.
[Signature Page on Following Page]
131
8 Attachment A

SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF LAFAYETTE, THE TOWN

OF MORAGA, AND THE CITY OF ORINDA
FOR PARTICIPATION IN THE SENATE DISTRICT 7 ADU PLAN PROGRAM IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date first written above.

CITY OF LAFAYETTE TOWN OF MORAGA
By:

City Manager
6/12/2026
Date:

By:

Town Manager
6/9/2026
Date:

ATTESTED TO:

By:

City Clerk
ATTESTED TO:

By:

Town Clerk
Approved as to Form:

By:

City Attorney
Approved as to Form:

By:

Town Attorney

CITY OF ORINDA
By:

City Manager
Date: 6/15/2026
ATTESTED TO:
132
9 Attachment A
By:

City Clerk
Approved as to Form:

By:

City Attorney
133
DEPARTMENT REPORTS: 9B.

To: Honorable Mayor and Councilmembers
From: Mackenzie Brady, Parks and Recreation Director
Subject: Parks, Recreation, and Open Space Master Plan – Community Engagement Update
Meeting Date: June 24, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Receive Parks, Recreation, and Open Space Master Plan community engagement update and provide input to staff.

BACKGROUND
On June 25, 2025, Town Council selected Wallace Roberts & Todd (WRT) to work with Town staff to prepare a Parks, Recreation, and Open Space (PROS) Master Plan to identify future development and funding opportunities. The overall consultant team includes WRT, Group 4 Architecture, PROS Consulting, and Environmental Science Associates (ESA). Over the past year, the PROS Master Plan process has included an extensive community outreach and engagement effort intended to gather input regarding parks, recreation facilities, programs, trails, open space resources, and long-term community priorities.

Community Engagement – Fall 2025
Community outreach, engagement, and "pop-up" activities conducted during Fall 2025 included the following:

Pear and Wine Festival – September 27, 2025
St. Mary’s College Parent Weekend – October 3, 2025
St. Mary’s College Athletes Community Service Activities – October 4, 2025 Moraga Library Book Sale – October 4, 2025
Moraga-Orinda Fire District Pancake Breakfast – October 11, 2025 Moraga Farmers Market – October 19, 2025
Not So Creepy Commons – October 24, 2025
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Augmented Survey Input – Fall 2025
The same survey used during the above pop-up events was also distributed through a link included on the back cover of the Winter/Spring 2026 Activity Guide, which was mailed to all Moraga households. Targeted focus groups were conducted with a broad range of stakeholders, including youth and families, schools and higher education representatives, seniors, environmental and open space stakeholders, business and event stakeholders, sports organizations, long-term residents and parents, recreation providers, the Art in Public Spaces Commission, and the Parks and Recreation Commission.

Community Survey – December 2025 and January 2026
A statistically valid community survey was conducted in December 2025 and January 2026 using a randomized household sampling methodology. The mailing was intentionally delayed until after the holiday season to help maximize response rates. Survey packets were mailed to 3,000 randomly selected Moraga households, and respondents could complete the survey either by mail or online. Online responses were validated against the original random sample addresses to ensure only selected households were included in the statistically valid dataset.

The consultant’s goal was to obtain at least 400 completed surveys. A total of 415 valid responses were ultimately collected, resulting in a reported precision level of approximately +/-

4.6% at a 95% confidence interval.

Joint Town Council and Parks & Recreation Commission Study Session – March 25, 2026 A Joint Town Council and Parks & Recreation Commission Study Session was conducted on March 25, 2026 to allow for additional public engagement and input from Councilmembers and Parks & Recreation Commissioners.

Community Workshop – May 1, 2026
The "Moraga Plays: Park Social" community workshop was held on May 1, 2026. Based on completed workshop passports, approximately 328 participants attended this workshop.

Community Online Survey – May 1, 2026 to June 12, 2026
Following the May 1, 2026 community workshop, the Town conducted an online community survey that included the same materials and activities presented during the workshop. The survey remained available through June 12, 2026 to allow additional opportunities for participation and outreach. Paper survey copies were also made available through the Parks and Recreation Department. In addition to workshop and survey responses, written public comments and correspondence were received throughout the process and incorporated into the engagement summary and analysis.

Parks & Recreation Commission Meeting – June 8, 2026
On June 8, 2026, the Parks and Recreation Commission received an informational update regarding the PROS Master Plan process, community engagement activities conducted to date, public questions received by staff, and the proposed project schedule. A number of residents and non-residents shared their input.
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Town Council Meeting – June 10, 2026
On June 10, 2026, Town Council received a similar update and discussed community engagement efforts, project milestones, and the anticipated schedule for completion of the Master Plan. A total of 15 residents and non-residents expressed their concerns about potential changes to Rancho Laguna Park. In addition, Town Council supported a revised Master Plan schedule to include additional public meetings and project milestones, including presentation of community engagement results, preliminary recommendations, draft plan review, and final Town Council consideration of the PROS Master Plan.

Rancho Laguna Park Neighborhood Outreach – Late June 2026 Following community discussions regarding Rancho Laguna Park at recent public meetings, Town staff decided to conduct additional targeted outreach to the park's nearby residents.

Survey materials were mailed to households located within approximately 500 feet of Rancho Laguna Park to provide an additional opportunity for direct neighborhood input regarding the park and future planning considerations. These households include properties that are located within both the incorporated Town of Moraga and within the unincorporated area of Contra Costa County. Responses are due to be received by June 30, 2026, and will be incorporated into the consultant team's ongoing analysis and consideration during development of draft recommendations and the final PROS Master Plan.

Town Council Meeting – June 24, 2026
The purpose of this meeting is for the WRT consulting firm and Town staff to provide an update on the survey data and Master Plan process to date. Members of the public will be allowed to provide additional comments. In addition, Councilmembers will be able to ask questions and provide input.

DISCUSSION
Master Plan Process Overview
The consultant team will begin the presentation of this agenda item with an overview of the planning process completed to date and a summary of community engagement efforts conducted throughout the project. As a reminder, the purpose of the engagement activities to date has been to understand community priorities, identify recreation needs, evaluate opportunities and constraints, and provide a foundation for future development of Master Plan recommendations.

Community Engagement Results and Consultant Presentation The consultant team has completed analysis of information collected through the statistically valid survey, May 1 community workshop, online survey responses, focus groups, outreach events, and written public comments. The workshop and online survey were intended to evaluate community perspectives regarding preliminary opportunities identified through the Needs Assessment process. These opportunities included improvements to existing parks, shared-use opportunities with the Moraga School District and Saint Mary's College, alternative concepts for Hacienda de las Flores, and potential community center locations. The 136
opportunities were presented for discussion and testing purposes and do not constitute draft recommendations or approved projects.

While the consultant team has substantially completed the analysis of the engagement activities conducted to date, additional targeted neighborhood outreach related to Rancho Laguna Park remains underway. As noted above, responses from the recently distributed neighborhood survey are due by June 30, 2026 and will be incorporated into future phases of the planning process and development of draft recommendations.

The June 24, 2026 presentation will summarize community engagement results collected through the May 1, 2026 community workshop and online survey. According to the consultant team, the workshop generated approximately 328 participants and more than 1,000 comments, and responses. The online survey generated approximately 230 participants and more than 2,800 question responses. The purpose of these engagement activities was to test preliminary opportunities identified through the Needs Assessment and help inform development of draft recommendations. Key themes identified through the workshop and survey process include:

Trails, paths, and connectivity;
Sports and recreation opportunities;
Community and senior activities;
Nature and ecology;
Arts and culture;
Accessibility and infrastructure;
Water features; and
Youth and family activities.

The themes above reflect broad topic areas that emerged through community feedback and do not represent ranked priorities or recommendations. The presentation will also summarize community feedback regarding potential opportunities associated with Moraga Commons Park, West Commons Park, Rancho Laguna Park, the Lafayette-Moraga Regional Trail, trails and open space improvements, recreation programs, and community events.

The topics presented at this meeting are intended to summarize community input received to date and do not constitute recommendations, approved projects, or Town Council direction.

Development of preliminary recommendations will occur during Summer 2026 and will be presented on September 9, 2026 at the joint Town Council and Parks and Recreation Commission meeting.

FISCAL IMPACT
There is no direct fiscal impact associated with receiving this informational update. The PROS Master Plan itself does not allocate funding or authorize capital improvement projects. Any future project recommendations identified within the Master Plan will require separate evaluation, environmental review as appropriate, funding identification, public outreach, and Town Council authorization prior to implementation.
137

CEQA COMPLIANCE
The recommended action is not a project under the California Environmental Quality Act (CEQA). Therefore, the action is not subject to CEQA pursuant to CEQA Guidelines Section 15378.

ALTERNATIVES

1. Direct staff and the consultant team to provide additional analysis or information.

2. Provide alternative direction to staff and the consultant team.

NEXT STEPS
Following completion of the community engagement phase, the consultant team will work through July and August to utilize information gathered through the statistically valid survey, community workshop, online survey responses, focus groups, outreach events, written comments, and ongoing Rancho Laguna neighborhood outreach to develop preliminary recommendations. These recommendations will be presented at the September 9, 2026 Joint Town Council and Parks and Recreation Commission meeting for public review and discussion. The draft PROS Master Plan will subsequently be presented to the Parks and Recreation Commission on October 12, 2026, and then to Town Council on November 18, 2026, for final consideration and adoption.

The following summarizes the upcoming schedule:

1. Consultant and Town staff develop Draft Recommendations — July/August, 2026

2. Joint Town Council/Parks & Recreation Commission Meeting — September 9, 2026 PROS Master Plan Update Agenda Item
Presentation by WRT consultant & Town staff
Preliminary recommendations informed by community engagement findings, survey results, and existing conditions analysis
Allow for public comments and input
Request feedback from the Town Council and Parks & Recreation Commission

3. Parks & Recreation Commission Meeting — October 12, 2026 Draft PROS Master Plan Agenda Item
Presentation by WRT consultant and Town staff
Allow for public comments
Request for feedback from Parks & Recreation Commission

4. Town Council Meeting — November 18, 2026
Proposed PROS Master Plan Agenda Item
138
Presentation by WRT consultant and Town staff
Allow for public comments
Request for Town Council review and approval of PROS Master Plan

ATTACHMENTS
Addendum - Public Comments Received Prior to Meeting
139

TOWN OF MORAGA

TOWN COUNCIL MEETING
June 24, 2026
Addendum(s) to Published Agenda
9: Department Reports
9B. Receive Parks, Recreation, and Open Space Master Plan community engagement update and provide input to staff.

Updates Include:
• Public Communication Received prior to meeting (submission cutoff time is 2:30 pm)
140

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4 4>>>>>>>>>?ABCDD5>EF>EG5HDIJ>KG5LMG5HNLG5HOM9CK6B>E@P@DB>>QR646152 Natalie Adey-Wetzell
Hometown Address:
20 Sunrise Hill Road
Orinda, CA 94563
Current Address:
703 S Union Ave,
Yeadon, PA 19050
June 21, 2026
Town Clerk of Moraga
Dear Town Council of Moraga,
It has come to my attention that the Town of Moraga is pursuing drastic changes to Rancho Laguna Park. I find it deeply concerning and feel that it is important I speak my mind, despite no longer living in the area full time. The council is planning to remove or limit the off leash dog space at Rancho Laguna Park, in order to install sports fields such as baseball, softball and pickleball.

My personal experience with Rancho Laguna goes back almost fifteen years.

When I was a sophomore in high school, at Miramonte, I tore my meniscus while running on the Varsity Cross Country Team. During my post operative recovery, my father, Geoff Adey, would drive me over to Rancho Laguna, with our three dogs, so that I could sit outside, watch our dogs, and experience a modicum of joy. This was an almost daily occurrence for several months.

During that time, I became acutely aware of the importance of animal companionship during hardship. I saw the benefit for myself, and I saw the benefit of other people in the park interacting with dogs. Since then, I have graduated Miramonte, UC Santa Cruz, and the University of Southern California, and moved to Pennsylvania. I am now a mental health therapist, who has a trained Therapy Dog, Jessie, who comes to work to provide comfort to my clients during our sessions.

Everytime I come home to Orinda, my dad and I take at least one trip to Rancho Laguna. Every time I am at the park, I have the wonderful privilege of seeing different folks interacting with dogs in a safe environment. I have seen parents bring their young children, who are afraid of dogs, to the park so that the child may see dogs play, be silly, and potentially, allow the child to pet 153
them. Rancho Laguna offers a safe space for children to meet dogs and develop their own love and joy of the animal.

Over the last decade and a half, our family has also lost dogs to age and illness. The community who frequents Rancho Laguna has offered irreplaceable support to my father during this time. The families and individuals who come to the park know each other, they trust each other, and they grieve with each other when a community member crosses the rainbow bridge, dog or otherwise. To take away or limit that support for these, as you mentioned in the Needs Assessment, “senior and elderly” individuals, is cruel. It is especially cruel, when you consider that Rancho Laguna is the only off leash dog park in Moraga. Mulholland Ridge Open Space is off leash, however it is not as accessible to elderly, mobility limited individuals, as Rancho Laguna is, due to the hilly and unpaved nature of the open space.

Rancho Laguna offers a space for dogs and humans to walk and play, when they otherwise may not have that opportunity. Growing up in Orinda and Moraga, it was an unusual experience to come across a neighborhood that had sidewalks. Most neighborhoods venture down windy, narrow roads that are not only unsafe for dogs to be walking on, but unsafe for people to be walking on. Furthermore, due to the valley-like landscape of Lamorinda, many homes have terraced properties that are not fun for dogs to run and play on, which is exacerbated by the fact that California has increased fire-precautionary protocols, and many people have done away with their lawns. My family, among many, is one of the households who has gotten rid of a lawn in an effort to limit excess water consumption. So where are our dogs, but also our friends' dogs supposed to run and play with each other? While I recognize that there is a need for sports complexes, there are other spaces that Moraga could consider, such as the large open space behind Joaquin Moraga Intermediate, or perhaps a space in Moraga Commons.

I find it also pertinent to point out that the Needs Assessment discusses that Moraga has a population that leans more senior. Yet, the assessment also claims that “Youth and Families” complain that there is a lack of athletic fields.

Figure 4 (page 4), notes that ages 5-14 comprise 12.5% of the population, which has dropped by 13%. This is the age group most likely to be participating in youth sports leagues, who would need athletic fields. Why does the town need to foster a need for a diminishing population? Additionally, ages 15-24 comprise just over 20% of the population, however, this could be heavily skewed by the presence of St. Mary’s College, as well as adult children of current Moraga residents, who may or may not live in Moraga full time. St.

Mary’s College has its own sports complexes and athletic fields, so why would they need access to a public park, down a long road, that, unless you grew up in the area, you wouldn’t know it is there?
154
I respect that Mayor Hillis and the Town Council want to catch up to national averages for athletic fields and sports complexes, such as pickleball and basketball courts. I agree, these could be wonderful additions to the community, however, Rancho Laguna is not the place to make those particular additions. Pickleball in particular is mostly popular among 25-34 year olds, according to Dill Dinkers. This is not an age group that is thriving in Moraga. To take out a beloved, community Dog Park, and to replace it with a pickleball court, would be akin to putting an art museum on a desert island. No one will use it.

As I’ve mentioned above, I have been coming to this dog park for nearly two decades. I have seen dozens of people there, with their dogs, sometimes twice a day. I’ve seen grief, joy and support bleed through children, adults and seniors. To take away the dog park at Rancho Laguna park, would be incredibly detrimental to the community. I myself have hopes of moving home to Lamorinda one day, and if this park is no longer a safe space that I can bring my dog and future children to, I will be disappointed to know that the town council put the wants of a few, above the needs of so many others.

Thank you for your time.

Natalie Adey-Wetzell, LCSW
155

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To: Honorable Mayor and Councilmembers
From: Scott Mitnick, Town Manager
Subject: Economic Development Update Report
Meeting Date: June 24, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Receive an Economic Development Update Report.

BACKGROUND
On January 14, 2026, Town Council authorized entering into a professional services agreement with Kosmont Companies (Kosmont) to provide on-call real estate and economic development advisory services to the Town to facilitate private investment and the development and/or redevelopment of key properties throughout the community. Over the past few months, there has been development progress at the Rheem Shopping Center and in other parts of Town. Initial discussions with the Kosmont team have taken place. Town staff have also participated in several constructive meetings with local property owners, local business owners, real estate/development experts, and potential developers/businesses.

There are several exciting development projects that are either underway or will start to take place over the next few months to several years.

DISCUSSION
The more detailed analytical work (including conducting a market site analysis, reviewing comparable redevelopment case studies, and preparing hypothetical development scenarios) is anticipated to commence over the next few months. Preparation of potential economic development tools and financial incentives for Town Council consideration will also take place.

At the June 24, 2026 Town Council meeting, the Town Manager will provide Town Council with a broad overview of the economic development activities of the past six months and highlight what is anticipated over the next six months, and beyond. 200

FISCAL IMPACT
There is no fiscal impact associated with receiving this report. Project funding was included in the FY 2025-206 General Fund Budget.

CEQA COMPLIANCE
Receiving this informational update is not a “project” under the California Environmental Quality Act (CEQA) because it does not approve or commit the Town to any specific project, physical improvement, or course of action. Any future project approvals will be reviewed for CEQA compliance as appropriate.

ALTERNATIVES
Request staff not to provide this update and future Economic Development Update Reports.

NEXT STEPS
Staff will continue to implement the Town’s Economic Development Program and provide updates to Town Council via internal memos, individual Councilmember meetings, and at future Town Council meetings. The next tentative Town Council meeting update is anticipated to take place on October 14, 2026.
201
SUPPLEMENTAL:

To: n/a
From: n/a
Subject: Supplemental Materials Received During the Meeting Meeting Date: June 24, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Supplemental Materials Received During the Meeting

ATTACHMENTS
JUN 24 2026 - Supplemental Documents
202

TOWN OF MORAGA

TOWN COUNCIL MEETING
June 24, 2026
Supplemental to Published Agenda
14: Supplemental
Updates Include:
• Information Sheet Distributed by Councilmember Steve
Woehleke pertaining to Item 9B
• Packets provided to Councilmembers by a member of the public pertaining to Item 9B
• Presentation: Item 8A
• Presentation: Item 8B
• Presentation: Item 9A
• Presentation: Item 9B
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
FY 2026-27 Street Lighting
Assessment District
Authorization to Levy Assessments
June 24, 2026
1 Item Summary
Public hearing and final levy
resolution.

Assessment remains $58 per
EDU.

Presented by
Nate Levine, PE, TE
Public Works Director/Town Engineer
233
Council Action Tonight 2
• Conduct the public hearing.
• Confirm the FY 2026-27 Engineer’s Report.
• Approve the assessment diagram and
assessments.
• Order the FY 2026-27 levy and collection.

CEQA: The levy action is not a project under Public Resources Code §21065 and CEQA Guidelines §15378. 234
Moraga Assessment District Map
3 235
District Overview 4
FORMED
1979
PARCELS in District
~4,200
within the Town

STREETLIGHTS
999
+ traffic signals
District-funded Services
• Operation, maintenance, and servicing of public streetlighting and traffic signals
• Annual assessments are collected through the County
property tax roll
• Current levy remains $58 per EDU; (FY 2026-27 authorized maximum is $92.74)
236
FY 2026-27 Fiscal Summary 5
FY 2026-27 Fund Flow Amount
Beginning fund balance ~$541,000
Estimated FY 2026-27 revenues $251,757
Projected FY 2026-27 expenditures ($276,095)
Projected annual shortfall (~$24,300)
Estimated ending fund balance ~$517,000
Key Takeaway
• FY 2026-27 expenditures exceed revenues by ~$24,300
• Fund balance covers this year’s shortfall
• Staff will review reserves, O&M, and replacement needs 237
Recommendation and Next Steps 6
Recommended action:
• Confirm the Engineer’s Report
• Approve assessments and assessment diagram
• Order FY 2026-27 levy at $58 per EDU
Next steps:

June 24
Public hearing
and final levy
After
adoption
File Engineer’s
Report
Aug. 10
Submit levy to
County Auditor
Questions?
238
Amendments to Chapter 8.124 (Accessory Dwelling Units), of Title 8 (Planning and Zoning) of the Moraga Municipal Code
Town Council Public Hearing | June 24, 2026
Presented by:

Cassius Carandang, Assistant Planner
Town of Moraga | Planning Department
239
Town Council Role & Staff Recommendation
Town Council | June 24, 2026
• Waive the first reading and introduce an ordinance amending Chapter 8.124 (Accessory Dwelling Units) of the Moraga Municipal Code.

Staff’s Recommendation:

Town Council Role:

1. Review the proposed ADU ordinance amendments.

2. Ensure consistency with State ADU law and local planning objectives.

3. Receive findings supporting the ordinance amendment. 240
ADU Production Background (2017-2026 Data)
Town Council | June 24, 2026
• Approx. 57 ADU Applications
Submitted to the Town Since 2017
• 5.7 (approx. 6) Average ADU
Applications Per Year
• 687 sq.ft. Average ADU Size in
Moraga
• Currently: 11 ADU Applications
submitted in 2026 (YTD) ADU Applications Received By Year (2017-2026) 241
Purpose and Importance
Town Council | June 24, 2026
Update Ordinance to
Comply with Current
State ADU Law
Improve Clarity and
Consistency for the
Public and Staff
Two Purposes:
242
Update Ordinance to Comply with Current State ADU Law
✓ Updated definitions and terminology
✓ New ADU/JADU general requirements, procedures and timelines ✓ Amnesty process for unpermitted ADUs built before January 1, 2020 ✓ Maximum Number of ADUs Allowed on Multifamily Properties ✓ Updated setbacks, height, and impact fee standards
✓ Notable changes in parking standards
✓ Deed Restriction requirements
Town Council | June 24, 2026 243
Improve Clarity and Consistency for the Public and Staff ✓ Removed “Administrative Adjustment” Provision (originally under MMC Section 8.124.170)
✓ Consolidated ADU/JADU Procedures Section under Article 1 (General Provisions)
✓ Renumbered Articles 1 – 5 reflecting insertions and deletions ✓ Updated cross-references, terminology, and code citations Town Council | June 24, 2026 244
June 2, 2026 Planning Commission Meeting
Town Council | June 24, 2026
• CalHDF Public Comment Received:
(Pre-Planning Commission),
identified two inconsistencies with
state law.
• Supplemental Staff Report: Shared
with the Planning Commission &
public prior to the hearing.

MMC Section 8.124.120: Development
Standards for Streamlined ADUs and
JADUs
✓ Clarified that owner-occupancy is
required for JADUs only when sanitation
facilities are shared.
✓ Removed front yard setback
requirements for Streamlined ADUs.
245
Town Council | June 24, 2026
June 2, 2026 Planning Commission Meeting
• Key discussion topics included:

1. Potential future updates to local objective design standards for Standard ADUs.

2. Clarifications about removal of front-yard setback requirements for Streamlined ADUs (State Law Requirement).
246
General Plan Consistency
Town Council | June 24, 2026
Land Use Element Policy LU3.7: Accessory Dwelling UnitsHousing Element Program 16 (ADU Production)
• Policy Intent: Allow ministerial
ADU approval in all residentially
permitted zones.
• Policy Intent: Producing ADUs in
highest resource neighborhoods
(1-DUA, 2-DUA, 3-DUA zoning).
247
Required Findings (MMC 8.12.100) (A-D)
Town Council | June 24, 2026
(A) Consistent with the 2040 General Plan.
(B) Compatible with existing residential zoning districts. (C) Demonstrates a community need.
(D) Promotes public convenience, good welfare, and zoning practice. 248
Fiscal Impact, CEQA & Public Notices
CEQA Status:

Town Council | June 24, 2026
• This project is categorically exempt from CEQA, applies to adoption of local ADU and JADU ordinances.
• Public Resources Code § 21080.17
• CEQA Guidelines § 15282(h)
Public Notices:
• Notices published in East Bay Times on June 12, 2026, in accordance with Government Code § 65090 & 65091.

Fiscal Impact:
• No direct fiscal impact.
• Administrative costs recovered by ADU Application Deposit ($1,800.00) • ADUs exceeding 750 sq.ft. are subject to Development Impact Fees 249
Next Steps (Timeline)
Town Council | June 24, 2026
Planning
Commission
Recommendation
to Town Council
June 2, 2026
Town Council
Public Hearing for
First Reading
June 24, 2026
Town Council
Second Reading
and Adoption
July 8, 2026
Submit Final
Ordinance to HCD
July 9, 2026
Ordinance Effective
30 Days After
Adoption
August 7, 2026
Completed and
Approved on
6/2/26.

Currently 6/24/26.
250
Staff Recommendation
Recommended Action:
• Staff recommends that the Town Council waive the first reading and introduce an ordinance amending Chapter 8.124 (Accessory Dwelling Units) of the Moraga Municipal Code.

Town Council | June 24, 2026
Alternatives:

1. Introduce the prepared ordinance, or;

2. Do not introduce the prepared ordinance and provide staff direction. 251
Pre-Approved ADU Program Launch in Partnership with
Lafayette and Orinda
Town Council Department Report| June 24, 2026
Presented by:

Cassius Carandang, Assistant Planner
Town of Moraga | Planning Department
252
What is a Pre-Approved ADU?
Town Council | June 24, 2026
Standardized, permit-ready ADU plan that has been
reviewed in advance for applicable building and planning standards, requiring only site-specific review before a building permit can be issued.
253
ADU Accelerator Program – Moraga Grant Allocation
Town Council | June 24, 2026
• $2.5 million allocated statewide.
• Program funded two initiatives ($ received):

1. Financial incentives for ADUs ($31,385.63)

2. Developing pre-approved ADU plans ($50,000.00)
• Council resolution required by September 30, 2026, to retain grant funding.
254
Lamorinda Collaboration
Town Council | June 24, 2026
$50,000 $50,000 $50,000
255
Current and Future Project Timeline
Town Council | June 24, 2026
Consultant
Selection and RFP
Process
June 2026
Memorandum of
Understanding
with Lamorinda
June 2026
Pre-Approved ADU
Plan Development
& Public Review
July – September
2026
Town Council
Review for
Consideration of a
Resolution
September 9, 2026
Building Permit
Review and
Program Launch
October 2026 –
March 2027
Completed on
6/8/26.

Completed on
6/15/26.

Currently
256
Next Steps
Town Council | June 24, 2026
Continue with Collaboration with Lafayette & Orinda
• Working under the MOU to develop the pre-approved ADU plans.

September 9, 2026 Town Council
• Returning to Council for consideration of a resolution approving the completed pre-approved ADU plans.
257
MORAGA PARKS, RECREATION + OPEN SPACE MASTER PLAN
Community Engagement Results
June 24, 2026
258

PURPOSE & AGENDA

PURPOSE
• Provide an update on the planning process
• Present engagement results on preliminary
opportunities
AGENDA

1. Project Overview

2. Workshop & Survey Results

3. Next Steps
259
01 PROJECT

OVERVIEW
260

WHY DO A PROS
MASTER PLAN?
• Understand parks, recreation, and open
space needs and priorities
• Identify key opportunities to meet needs
• Establish a long-term vision supported by
targeted policies, standards, and actions
• Create roadmap for implementation
261

THE PLANNING PROCESS
We Are Here
262
NEEDS ASSESSMENT:

EXISTING CONDITIONS
Methods:
• Moraga Demographics
• Park Acreage & Amenity Level of Service
+ Distribution
• Environmental Features & Hazards
• Park, Open Space, Facility + Trail
Assessments
• Program Assessment
• Maintenance + Operations Assessment
263
NEEDS ASSESSMENT:

COMMUNITY ENGAGEMENT
Methods:
• 7 Pop-Up Events + Online Survey (~500 engaged)
• 10 Focus Groups
• Statistically-Valid Survey (415 responses)
• Multigenerational Community Center Leadership
Committee Survey
• Project Website
Statistically Valid Survey Reponses
264
NEEDS ASSESSMENT: KEY THEMES
High Satisfaction & Desire for Continued
Improvement
The community values its existing system and
supports thoughtful, strategic investment to sustain
and enhance it.

Open Space and Trails Define Community
Identity
Moraga’s scenic open spaces and trail network are
central to recreation, health, and small-town
character.

Limited Indoor Recreation & Gathering Space
The absence of adequate indoor recreation and
gathering space is one of the system’s most
significant gaps.

Programs & Community Events are Central to
Community Life
Recreation programs and community events are
central to social connection and quality of life in
Moraga.

Prioritizing Opportunities Within Existing
Parks, Open Spaces, & Trails
Residents prioritize enhancing existing parks, open
spaces, and trails by adding amenities, improving
comfort, and replacing aging features.

Active Recreation Facility Gaps
While Moraga excels in passive recreation, structural
gaps remain in active-use facilities.

Based on what we heard from the community, Town staff, and recreation providers, and what we saw in Moraga’s parks, open spaces, and facilities, these key themes emerged. 265

OPPORTUNITIES

TO MEET NEEDS
Potential opportunities were identified to help address the top needs identified through the Needs Assessment. These included:
• Improvements to Existing Parks
• Shared Use Opportunities with the School District &
Saint Mary’s College
• Alternative concepts for the Hacienda de las Flores
• Potential Community Center locations
These opportunities were presented during the March 25
Joint Council/Commission Meeting and tested through
the May 1st Workshop and Online Survey.
266
02 WORKSHOP &

SURVEY RESULTS
267

OVERVIEW
May 1st Workshop
• 328 participants
• 1000+ comments, sticky notes, and dots
Online Survey
• 230 participants
• 2,800 + question responses
Purpose: Test preliminary opportunities to inform
recommendation development
Email
• 38 comments received
268
269
VISION • Trails, Paths, & Connectivity • Sports & Recreation • Community & Senior Activities • Nature & Ecology • Arts & Culture • Accessibility & Infrastructure • Water Features • Youth & Family Activities Key Themes
Looking 15 years ahead, how would you
describe your vision for Moraga's parks,
recreation, and open spaces?
270
Moraga Commons Park
The following have been identified as potential opportunities for improving Moraga Commons Park. Which would you
support the town exploring further?
Other: “Public pool and tennis courts”, “Pickleball courts”, ‘Walking trail around the dog park”, “More vegetation to support wildlife habitat”, “Access to the creek”, “Kids natural play”
271
West Commons Park
The following have been identified as potential opportunities for improving West Commons Park. Which would you support the town exploring further?
Other: "Pickleball Court“, "Bocce Courts“, "Natural play space“, "Walking Trail“, "More Sports fields“, "Restrooms"
272
Rancho Laguna Park
The following have been identified as potential opportunities for improving Rancho Laguna Park. Which would you support the town exploring further?
Other: “Preserve the natural beauty”, “Save our redwood benches” Opposition to changing the dog park
Opposition to pickleball
at Rancho Laguna
106 comments
42 comments
273
Lafayette-Moraga Regional Trail
The following have been identified as potential opportunities for improving the Lafayette-Moraga Regional Trail. Which would you support the Town exploring further?
Other: “Add designated lanes for [bikes/pedestrians] and clearer trail etiquette signage”, “Restrooms along trail”, “Invest in maintenance and accessibility” 274
Trails & Open Space
What are the most important ways Moraga can improve trails and open spaces?
Other: “More shade”, “Trail safety”, “Bathrooms and water” 275
Moraga Town Center
The Moraga Center Specific Plan establishes a vision for a walkable village at Moraga's core. The plan envisions housing, commercial uses, and a network or paths and greenways along Laguna Creek – the Specific Plan also envisions a town square.

Which of the following recreation features would you like to see in the future town square? Other: "A town square should reflect the rural nature of Moraga”, "More walk/bike pathways around Moraga“, "Shaded gathering areas and seating” 276
Recreation Center
A recreation center has been a long-standing community priority and continues to be identified as important through this planning process. When evaluating options for a potential indoor recreation facility, how important are the following factors?
Other: “Utilize existing facilities”, “Maintain the rural quality of Moraga” Preserve the historic pear orchard
22 comments
277
Hacienda de las Flores
The Hacienda is a beloved Town facility that currently operates primarily as a private event venue, while also hosting some Town programs and offices. The site faces significant maintenance, accessibility, and functionality challenges, and the Town is exploring how it can best serve the community in the future. How would you like to see the Hacienda used moving forward?
Dedicated Community Center: Prioritize
community use with minimal private
events.

Joint Community and Event Center:

Balance expanded community
programming and access with ongoing
private events.

Dedicated Private Event Center: Continue
as a private event venue to generate
revenue and support site improvements.

Maintain community use in key areas.
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Program Priorities • Programs for young children • Organized senior walks • Hiking groups • Fitness/Yoga classes • Adult sports leagues • Paint/craft nights • Farmers market • Art shows • Environmental education • Pickleball lessons/leagues • Programs for teens Tell us more about the types of
programs you would like to
participate in. What specific
activities, formats, or ideas
interest you?
279
Community Programs and Events
How should Moraga improve community events?
Other: ”More parking”, “Multi-cultural events”, “More music events” 280
03 NEXT STEPS
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NEXT STEPS
• July-Aug: Draft recommendations development
• Sept 9th: Joint Town Council / Parks & Recreation Commission • Presentation of Draft Recommendations to receive
councilmember, commissioner, and public feedback.
• Oct 12th: Parks & Recreation Commission Meeting
• Presentation of the Draft Master Plan to receive
commissioner and public feedback.
• Nov 18th: Town Council Meeting
• Final Master Plan review and adoption.
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1 - Town CouncilJune 24, 2026

1 - Town Council
June 24, 2026