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San Rafael, CA Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Sale ban
Cannot be sold separate from main home
Min rental (E-category ADUs)
30 days
Citation
SRMC § 14.16.285.C.4.b and .E.5
Exception
Gov. Code § 65852.26 conveyance option

Summary

San Rafael bars selling an ADU separately from the main house, and requires a 30-day minimum rental term for ADUs built under the city's streamlined, standards-light approval pathway.

Rental. An ADU may be rented but shall not be sold or otherwise conveyed separately from the primary dwelling, except as provided in California Government Code Section 65852.26, as that section may be amended. ... An ADU permitted under this subsection E shall not be rented for less than thirty (30) 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 37).

Full Breakdown

Under San Rafael Municipal Code § 14.16.285.C.4.b, an accessory dwelling unit may be rented but may not be sold or otherwise conveyed separately from the primary dwelling, except as California Government Code § 65852.26 may later allow. For ADUs approved through the state-mandated streamlined pathway in subsection E, units built within an existing structure's footprint, on a lot with an existing single-family home, in unused multifamily space, or detached on a multifamily lot, § 14.16.285.E.5 additionally bars renting the unit for less than thirty (30) days, closing off short-term rental use of those units specifically.

Violations & Fines

Selling or listing an ADU as a separately conveyed unit violates § 14.16.285.C.4.b, and renting an E-category ADU for stays under 30 days violates § 14.16.285.E.5; both are zoning code violations subject to city enforcement.

Frequently Asked Questions

Can I sell my San Rafael ADU separately from my house?
Generally no. SRMC § 14.16.285.C.4.b bars separate conveyance, except as California Government Code § 65852.26 may allow.
Can an ADU be used as a short-term rental in San Rafael?
ADUs built through the state streamlined pathway under subsection E must be rented for 30 days or more, per SRMC § 14.16.285.E.5.

Sources & Official References

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