Buena Park, CA Accessory Structures: ADU Owner Occupancy (2026)

010(C)(20) sets rules that apply, in the code's own words, 'specifically to junior accessory dwelling units,' distinct from the accessory dwelling unit (ADU) standards elsewhere in the same section. Subsection (C)(20)(e) states the owner-occupancy rule directly: the owner of a property with a JADU must reside in one of the dwelling units on the property, and this requirement does not apply to a JADU owned by a governmental agency, land trust, or housing organization. Subsection (C)(20)(a) echoes the same principle, requiring the single-family lot owner to occupy the primary dwelling, an ADU on the lot, or the JADU as their principal residence.

As a condition of obtaining a building permit for a JADU, subsection (C)(20)(b) requires the owner to record a declaration with the County Recorder confirming the JADU cannot be sold separately from the primary residence, that its size and attributes conform to California Government Code Section 66333, and that the minimum rental term for either unit is 30 days. 2), bars local agencies from requiring an owner to occupy the property as a condition of approving a standalone ADU; California law instead permits owner-occupancy conditions specifically for JADUs under Government Code Section 66333, which the recorded declaration cites directly. Ordinance No. 1754, adopted June 24, 2025, put the current version of this section into effect.