Can a JADU be a new construction

Question

I am trying to understand the rules of JADU a bit better. It says somewhere that JADU has to be within the structure of an existing house. Does it mean that I cannot build a JADU connected to me house that is outside the existing house structure? Say - can I build a JADU in my frontyard after taking care of set back rules?

Ani

Yousuf Sharifi · Answer

Even though the JADU triggers the owner occupancy requirement, it doesn’t say how long you have to live there. What’s to stop me from simply selling the property right away and doing the same with another property?

Mike Birdwell · Answer

LA County is mandating something that is not in the bill. The bill changed nothing for JADUs only ADUs.

The only mention about renter occupancy is about short term rentals. That has nothing to do with owner occupancy.

It would be very helpful for me if you could prove me wrong. I had to read it again, trying to do so.

This is how I understand it.

https://leginfo.legislature.ca...

For a permit for a JADU a title restriction is created requiring Owner Occupancy in perpetuity.

It is for the permit of the JADU regardless of how it is used. You still have a JADU is it is not rented.

SB13 only eliminated the OOR ADUs from Jan 1 2020 to Jan 1 2025.  This did not cover JADUs only ADUs

Note the use of the words SHALL and MAY giving this requirement to the discursion of the local agency.

(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed except, subject to subparagraph (B), that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.

(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020 to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.

https://legiscan.com/CA/text/SB13/id/2056756

SB86 again only covers ADU not JADUs

SEC. 1.3.      (operative)

Section 65852.2 of the Government Code is amended to read:

65852.2.

(a)

(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days.

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB68

Please, show me is I am missing something.

Dan H. · Answer

I see nothing written into the law (AB68) indicating that a JADU cannot be empty without owner occupied.  I suspect LA is trying to mandate something that is not stated in the bill.  If you believe the bill dictates a unit cannot have a JADU without OO, can you provide the text from the bill that you believe states or implies this?

Have you contacted HCD to get their interpretation?   I consider HCD to be the expert, but my experience is they have little ability to enforce anything.

I await you providing text that states or implies a JADU requires owner occupancy to exist. AB68 clearly indicates that a jurisdiction can mandate OO to rent the JADU (or vice versa if OO the JADU unit).

Mike Birdwell · Answer

Yes, you would have to complete the addition project first then pull the permits for the JADU conversion.

Be carefull with this statement: JADUs can only be rented when property is owner occupied in every jurisdiction in CA that I am aware of.

It seems to be a popular misconception. I wish it was that logical.

Owner occupancy has nothing to do with renting. As soon as you have a JADU the property must be owner occupied, forever, period.

The only two ways around this is re-conversion. I understand that would take new permits.

This is what I found true in LA County and I believe it is baked into the State law.

Second way is change the law.   Please push to change this law.

Dan H. · Answer

My understanding is different than @Michael Smith. It is my understanding that very little footage can be new (like 150’, I forget exact number) for a JADU. However, I suspect there is nothing preventing you from adding the footage to the house first then convert the new footage to the JADU.

JADUs can only be rented when property is owner occupied in every jurisdiction in CA that I am aware of.  This makes them often a negative value or a negative value add.  Make sure you know the rules and expected valuation before proceeding with this route.

Good luck

Michael Smith · Answer

Hi Ani,

It sounds like you are on the right track. JADU just needs to be attached to a Single Family House. You can build an ADU in your front yard, dependent on the city.

Thanks,

Michael