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1 (C) As required by state law, all JADUs are subject to an owner- <br /> occupancy requirement. A natural person with legal or <br /> 2 equitable title to the property must reside on the property, in <br /> 3 either the primary dwelling or JADU, as the person's legal <br /> domicile and permanent residence. However, the owner- <br /> 4 occupancy requirement in this subsection(e)(7)(C) does not <br /> apply if the property is entirely owned by another <br /> 5 governmental agency, land trust, or housing organization. <br /> 6 (8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, <br /> 7 a deed restriction must be recorded against the title of the property in the <br /> County Recorder's office and a copy filed with the Director or designee. The <br /> 8 deed restriction must run with the land and bind all future owners. The form of <br /> the deed restriction will be provided by the City and must provide that: <br /> 9 <br /> (A) Except as otherwise provided in Government Code Section <br /> 10 65852.26,the ADU or JADU may not be sold separately from <br /> 11 the primary dwelling. <br /> 12 (B) The ADU or JADU is restricted to the approved size and to <br /> other attributes allowed by this section. <br /> 13 <br /> (C) The deed restriction runs with the land and may be enforced <br /> 14 against future property owners. <br /> 15 (D) The deed restriction may be removed if the owner eliminates <br /> the ADU or JADU, as evidenced by, for example, removal of <br /> 16 the kitchen facilities. To remove the deed restriction, an owner <br /> 17 may make a written request of the Director, providing evidence <br /> that the ADU or JADU has in fact been eliminated. The <br /> 18 Director may then determine whether the evidence supports the <br /> claim that the ADU or JADU has been eliminated. Appeal may <br /> 19 be taken from the Director's determination consistent with <br /> 20 other provisions of this Code. If the ADU or JADU is not <br /> entirely physically removed, but is only eliminated by virtue of <br /> 21 having a necessary component of an ADU or JADU removed, <br /> the remaining structure and improvements must otherwise <br /> 22 comply with applicable provisions of this Code. <br /> 23 (E) The deed restriction is enforceable by the director or his or her <br /> designee for the benefit of the City. Failure of the property <br /> 24 owner to comply with the deed restriction may result in legal <br /> 25 action against the property owner, and the City is authorized to <br /> obtain any remedy available to it at law or equity, including, <br /> 26 but not limited to, obtaining an injunction enjoining the use of <br /> the ADU or JADU in violation of the recorded restrictions or <br /> 27 abatement of the illegal unit. <br /> 28 <br />