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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />(A) With the building -permit application, the applicant must provide <br />the City with an estimate of the projected annualized rent that will <br />be charged for the ADU or JADU. <br />(B) Within 90 days after each yearly anniversary of the issuance of the <br />building permit, the owner must report the actual rent charged for <br />the ADU or JADU during the prior year. If the City does not <br />receive the report within the 90-day period, the owner is in <br />violation of this Code, and the City may send the owner a notice of <br />violation and allow the owner another 30 days to submit the report. <br />If the owner fails to submit the report within the 30-day period, the <br />City may enforce this provision in accordance with applicable law. <br />LUO Building & Safety. <br />(A) Must comply with building code. Subject to subsection <br />(f)(10)(B) below, all ADUs and JADUs must comply with all local <br />building code requirements. <br />(B) No change of occupancy. Construction of an ADU does not <br />constitute a Group R occupancy change under the local building <br />code, as described in Section 310 of the California Building Code, <br />unless the Building Official or Code Enforcement Division officer <br />makes a written finding based on substantial evidence in the record <br />that the construction of the ADU could have a specific, adverse <br />impact on public health and safety. Nothing in this subsection <br />(f)(10)(B) prevents the City from changing the occupancy code of <br />a space that was uninhabitable space or that was only permitted for <br />nonresidential use and was subsequently converted for residential <br />use in accordance with this section. <br />1111,) Certificate of Occupancy Timing. <br />(A) Generally. No certificate of occupancy for an ADU or JADU may be <br />issued before the certificate of occupancy is issued for the primary <br />dwelling unit. <br />(B) Limited Exception for State -declared Emergencies. Notwithstanding <br />subsection (f)(11)(A) above, a certificate of occupancy for an ADU may be <br />issued before a certificate of occupancy for the primary dwelling if each of <br />the following requirements are met: <br />(i) The county is subject to a proclamation of a state of emergency <br />made by the California Governor on or after February 1, 2025. <br />(ii) The primary dwelling was substantially damaged or destroyed by <br />an event referenced in the Governor's state of emergency <br />proclamation. <br />