JADUs require owner-occupancy of the parcel (either the main house or the JADU). New ADUs permitted on or after January 1, 2020 are exempt from owner-occupancy per Cal. Gov. Code 65852.2(a)(6); pre-2020 ADUs remain subject to the rule in effect at permitting.
Per SMC 19.45.030(E), the owner-occupancy framework splits three ways: (1) ALL JADUs require a natural person with legal or equitable title to reside on the property as their legal domicile and permanent residence, in either the primary dwelling or the JADU; (2) ADUs permitted before January 1, 2020 remain subject to the owner-occupancy requirement that was in effect when they were permitted; (3) ADUs permitted on or after January 1, 2020 have NO owner-occupancy requirement, mirroring the state moratorium in Cal. Gov. Code 65852.2(a)(6) that bars cities from imposing one through January 1, 2025 (extended by SB 477 and subsequent legislation). The owner-occupancy exemption for JADUs applies only when the property is entirely owned by a governmental agency, land trust, or housing organization. A deed restriction recorded at permit issuance memorializes the owner-occupancy obligation for JADUs.
Failing to maintain owner-occupancy on a JADU parcel violates SMC 19.45.030 and the recorded deed restriction. Enforcement runs through SMC 19.45.090 and SMC Ch. 1.28 (administrative citations and abatement). The city may also bring civil enforcement of the deed restriction. Renting both the JADU and the primary dwelling (no owner on site) is the most common violation pattern and can trigger orders to restore owner-occupancy or vacate the JADU.
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