Simi Valley, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Requirement
- Recorded deed restriction before Zoning Clearance issues
- Who must occupy
- Owner, in the JADU or the primary home
- If occupancy lapses
- JADU removed, rental vacated within 90 days
- Governing section
- SVMC Section 9-44.160(D)(2)
- Applies to
- Junior ADUs only, not standard ADUs
Summary
A Junior Accessory Dwelling Unit in Simi Valley comes with a recorded owner-occupancy deed restriction. SVMC Section 9-44.160(D)(2) requires the property owner to record a deed restriction promising to occupy either the JADU or the primary home, and a new owner who breaks that promise must remove the JADU and vacate any separate rental within 90 days.
D.JADU Requirements.1.Where a JADU is proposed in conjunction with an addition to an existing dwelling unit, the addition must meet the setback requirements for a single-family dwelling as required by the underlying zoning and/or any approved Planned Development Permit conditions.2.Prior to issuance of a Zoning Clearance for a JADU, a Deed Restriction must be recorded on the property on the form provided by the City specifying that the owner of the property shall occupy either the JADU or the primary single-family dwelling. If a new owner takes title to the property, failure to maintain the owner occupancy required by said deed restriction will require that the JADU be removed from the property and any separate rental must be vacated within 90 days.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 51).
Full Breakdown
160(D)(2) requires the owner to record a Deed Restriction, on a form the City supplies, specifying that the owner of the property shall occupy either the JADU or the primary single-family dwelling. That obligation runs with the land: if a new owner takes title to the property, failure to maintain the owner occupancy required by said deed restriction will require that the JADU be removed from the property and any separate rental must be vacated within 90 days. In practice, this means a JADU cannot be created and then rented out entirely separately from the main house while the owner lives elsewhere; someone connected to the title must reside in either the JADU or the primary dwelling for the JADU to remain lawful.
Subsection D(1) adds a construction-standards requirement for JADUs built as part of an addition: the addition must meet the setback requirements that apply to a single-family dwelling under the underlying zoning district or any approved Planned Development Permit conditions, rather than the more flexible accessory-structure setbacks that can apply to a detached ADU. 160 general provisions carry no comparable occupancy mandate, so a homeowner choosing between a JADU and a full ADU is trading the JADU's smaller size and simpler conversion process for this ongoing residency obligation and its 90-day removal consequence if it lapses.
Violations & Fines
A JADU found without a currently valid owner-occupancy deed restriction, or where neither the JADU nor the primary dwelling is occupied by the recorded owner, is out of compliance with Section 9-44.160(D)(2). Once the City confirms the lapse, typically after a change in title, the property owner has 90 days to either restore owner occupancy, vacate any separate tenancy, or remove the JADU altogether.
Frequently Asked Questions
Do I have to live in my Simi Valley JADU myself?
What happens if I sell my house and the new owner doesn't live there?
Does a regular ADU (not a JADU) have the same owner-occupancy rule?
Sources & Official References
Other rules in Simi Valley
California rules heatmap·Compare Simi Valley to another location·View the California accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
ADU Owner Occupancy in Nearby Cities
How other cities in Ventura County handle adu owner occupancy.