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Simi Valley, CA Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Not specifically in the JADU; you must occupy either the JADU or the primary single-family dwelling on the same lot. Section 9-44.160(D)(2) requires this as a recorded deed restriction before the City will issue the Zoning Clearance needed to build the JADU.
What happens if I sell my house and the new owner doesn't live there?
The deed restriction runs with the property, so the new owner must maintain owner occupancy in the JADU or primary dwelling. If they do not, Section 9-44.160(D)(2) requires the JADU to be removed and any separate rental of it vacated within 90 days.
Does a regular ADU (not a JADU) have the same owner-occupancy rule?
No. The owner-occupancy deed restriction in Section 9-44.160(D)(2) applies specifically to Junior Accessory Dwelling Units. A standard ADU approved under the same ordinance's general provisions is not subject to this occupancy condition, though it is still subject to the separate 30-day minimum rental term.

Sources & Official References

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