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Updated 9 months ago, 03/15/2024

User Stats

4
Posts
1
Votes
Aneesh Nainani
  • Investor
  • Castro Valley, CA
1
Votes |
4
Posts

Land Trust - JADU owner occupancy

Aneesh Nainani
  • Investor
  • Castro Valley, CA
Posted

I am building a single family home along with an ADU and a Junior ADU (JADU) in Castro Valley, CA and the county wants to impose a deed restriction which will require owner occupancy of the JADU/Main Dwelling Unit (MDU) per CA - Gov. Code Sec. 65852.22.(a)(2).

The code specifically says "

65852.22.

(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:

(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

Link to the code - https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=65852.22

They way the law is written - owner occupancy requirement should not apply if the property is owned by a land trust 

Am i interpreting it correctly and does anybody has experience doing this ? Can transfering the title to a land trust help overcome the owner occupancy requirement on JADU

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