San Rafael, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy required
- Yes, for JADUs only, not standard ADUs
- Where owner may live
- Main house or the new JADU
- Exemption
- Public agency, land trust or housing org owner
- JADUs per lot
- Maximum of one
- Sale restriction
- JADU cannot be sold apart from the house
- Recorded requirement
- Deed restriction runs with the land
Summary
San Rafael requires owner-occupancy of the single-family home whenever a junior accessory dwelling unit (JADU) is added, though the owner may live in either the main house or the new JADU. The requirement does not apply if a government agency, land trust or housing organization owns the property, per Section 14.16.285.C.2.c.
2.JADU Additional Standards. In addition to the development standards in Table 14.16.285 and objective design standards in section C.3, a JADU shall comply with all provisions of this subsection unless expressly indicated otherwise:a.Maximum Number per Lot. Not more than one (1) JADU shall be permitted per legal lot.b.Rental. A JADU may be rented but shall not be sold or otherwise conveyed separately from the primary dwelling.c.Owner-occupancy shall be required in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.d.A deed restriction shall be recorded, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:(1)A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a provision that the deed restriction may be enforced against future purchasers.(2)A restriction on the size and attributes of the JADU that conforms with this subsection.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
2 sets additional standards a junior accessory dwelling unit must meet beyond the general ADU development table. c, owner-occupancy is required in the single-family residence where the JADU is permitted; the owner can satisfy that by living in the remaining portion of the house or in the JADU itself. The requirement is waived only where the owner is another governmental agency, land trust, or housing organization, which covers affordable-housing developers and public agencies rather than individual owners. 1. b, but cannot be sold or conveyed separately from the primary residence, and a deed restriction must be recorded that runs with the land, is filed with the permitting agency, and both bars a separate sale of the JADU and restricts its size and attributes to what the subsection allows. Any prospective buyer or lender researching a San Rafael property with a JADU will find that deed restriction in the title record.
Violations & Fines
Creating a JADU without owner-occupancy of the property, selling a JADU separately from the primary residence, or failing to record the required deed restriction violates Section 14.16.285.C.2 and can result in the community development department withholding or revoking the JADU's building permit approval. Because zoning violations are enforced citywide under San Rafael Municipal Code Section 1.42.010, a violation may also be charged as an infraction or misdemeanor carrying a fine of up to $500, with a misdemeanor punishable by up to 6 months in the Marin County jail.
Frequently Asked Questions
Do I have to live at my San Rafael property if I build a JADU?
Does San Rafael require owner-occupancy for a regular ADU too?
Can I sell my San Rafael JADU separately from my house?
Is anyone exempt from San Rafael's JADU owner-occupancy rule?
Sources & Official References
Other rules in San Rafael
California rules heatmap·Compare San Rafael to another location·View the California accessory structures overview
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