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Updated about 1 year ago, 10/30/2023
Does city need to allow a JADU on a two-house R-1 property?
I am looking for a real estate lawyer who has knowledge of ADU (accessory dwelling unit) law in California. I'd appreciate recommendations.
My question: Is the city of Hawthorne required to allow an existing 450sf JADU (junior accessory dwelling unit) on a property with two single family homes that has since been downgraded to R1 single family? The houses were built in 1978, the R-1 down-zoning happened some time after, and the JADU was built unpermitted in 2016.
I think they might be required to allow the JADU based on new state laws encouraging ADUs but I am having trouble being sure about that for this particular situation. In my ideal interpretation, I would be allowed a JADU and ADU for each of the separate homes because they are physically separate and so not considered multifamily under the law. I could also interpret that a JADU is allowed but not an ADU since there is already a separate home on the property.
Does anyone have ADU experience in Hawthorne? Do they require ongoing owner-occupancy for the JADU as some cities do?