Union City, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- JADU owner-occupancy
- Required
- ADU owner-occupancy
- Not required (state law)
- JADU max size
- 500 sq ft
- Deed restriction
- Must be recorded with City
Summary
Union City exempts ADUs from owner-occupancy under state law, but a junior ADU (JADU) still requires the owner to live in either the main house or the JADU itself.
Owner Occupancy. JADUs shall be subject to owner-occupancy either in the remaining portion of the single-family residence or the newly created JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
E. Deed Restriction. A recordation of a deed restriction, which shall run with the land, shall be filed with the City. The deed restriction shall include:
1. A prohibition of the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and 2. A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333 through 66339.
F. Interior Entry. In addition to a separate exterior entrance, JADUs that do not comprise a bathroom shall include an interior entry to the main living area of the single-family residence.
G. Efficiency Kitchen. JADUs shall provide an efficiency kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
H. Parking. No parking spaces (additional or replacement) shall be required as a condition of permitting a JADU, even when the JADU is converted from an attached garage.
I. New or Separate Unit. JADUs shall not be considered a separate or new dwelling unit for the purposes of:
1.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4940544; v16 updated 2026-06-23).
Full Breakdown
Under Union City Municipal Code § 18.34.040(D), junior accessory dwelling units must have an owner living on-site, in either the remaining single-family residence or the newly created JADU, unless the owner is a governmental agency, land trust, or housing organization. This differs from full-size ADUs, which state law (Gov. Code §§ 66310-66342) exempts from any local owner-occupancy requirement, and Union City's code does not impose one on ADUs. A recorded deed restriction enforcing the JADU rules must be filed with the City.
Violations & Fines
Building or renting a JADU without the recorded owner-occupancy deed restriction is a code violation, prosecutable as a misdemeanor (up to $1,000 fine, 6 months) or an infraction under Chapter 1.16.
Frequently Asked Questions
Do I have to live on-site if I build a JADU in Union City?
Does the owner-occupancy rule apply to a full ADU too?
Sources & Official References
Other rules in Union City
California rules heatmap·Compare Union City to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Alameda County handle adu owner occupancy.