Santa Clara, CA Accessory Structures: ADU Owner Occupancy (2026)

Junior accessory dwelling units (JADUs), the smaller category of accessory unit built entirely within the walls of an existing or proposed single-family home, carry an owner-occupancy condition that full-size detached and attached ADUs do not. 020 of the Title 18 Zoning Code states that 'Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted,' and gives the owner flexibility on where within the property to live: either the remaining portion of the main house or the newly created JADU itself qualifies.

The maximum JADU is 500 square feet, must be built entirely within the walls of the primary dwelling rather than a detached accessory structure, and must contain an efficiency kitchen consisting of a cooking facility, a food preparation counter, and storage cabinets. If a permitted JADU is built without a separate bathroom, it must instead include a separate entrance from the main entrance with an interior connection to the main living area. Because the owner-occupancy condition runs with the approval rather than expiring, the City backs it with a recorded deed restriction: a document filed with the permitting agency that prohibits selling the JADU separately from the single-family residence and puts future purchasers on notice that the restriction is enforceable against them.

The only relief from owner-occupancy applies where the owner is itself a governmental agency, land trust, or housing organization, categories that by definition cannot occupy a residence the way an individual would.