In 2017 and 2019, the State legislature amended Government Code §65852.2 and added Government Code §65852.22 to ease development standards and facilitate the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
The requirement that the property owner reside in either the primary residential unit or the ADU in the Residential Single Unit zone changed in 2020. This requirement is contained in the recorded agreement (covenant). Owner-occupancy is not required on any new ADU covenants for a period of 5 years (from January 2020 to January 2025). However, if you are proposing a Junior ADU, the property owner must still reside in either the primary residential unit or the JADU.
Removal of Owner Occupancy Requirement
If you have an owner occupancy requirement on a covenant recorded prior to January 1, 2020, you may request the existing owner-occupancy provision to be removed. Due to limited staff resources, it could take several months to complete the process. To change your covenant:
Pay the processing fee ($410) plus recording costs ($47).
Execute the covenant with a notarized signature and return it to the City to record.
Please refer to the Accessory Dwelling Units (ADU) Guide for detailed information about the City’s ADU regulations and the process to permit an ADU on your property. The ADU Permit Guide and Supplemental Application form is available here.
ADU Project Map
News & Resources
New! On January 21, 2022, the California Coastal Commission (CCC) released an updated guidance memo regarding implementation of 2019 ADU laws, superseding previous guidance memos. The memo outlines the coastal development permit pathway for ADUs in the Coastal Zone in a manner consistent with the Coastal Act and Local Coastal Program provisions.
New! On April 6, 2022 the California Coastal Commission determined that the City’s ADU Ordinance is legally adequate and effective in the Coastal Zone.
Interesting in removing your owner occupancy requirement? Click here for more information.