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

05(1)(d) requires that for every JADU, either the primary dwelling unit or the newly created JADU be owner-occupied as the property owner's primary dwelling and permanent residence. The requirement is waived only if the owner is a government agency, land trust, or housing organization. The "property owner" is defined as the majority owner of record on the most recent Santa Barbara County Assessor's roll; where multiple owners hold equal shares, any of them may be deemed the majority owner. If the Zoning Administrator determines neither unit is owner-occupied, the JADU approval terminates immediately and the unit may no longer be rented, leased, or occupied as a separate dwelling.

Before a building permit issues, the owner must sign a recorded covenant agreement stating that the JADU will not be sold separately, is restricted to its approved size, that the owner must reside in either the primary unit or the JADU, that the JADU's legal use continues only while the property complies with Chapter 12-56, and that these obligations bind every successor owner, with non-compliance grounds for code enforcement. The covenant must be recorded with the Santa Barbara County Recorder at the property owner's expense and terminates only when the JADU itself is removed.

Standard ADUs, by contrast, carry no owner-occupancy condition under this section; the requirement applies specifically to JADUs created under the JADU pathway on single-family (R-1 and RSL-1) zoned lots.