Sec. 49.20. - Deed restrictions.

Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the county recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:

(a)

The junior accessory dwelling unit shall not be sold separately from the single-family residence;

(b)

The junior accessory dwelling unit shall be considered legal only if either the primary residence or junior accessory dwelling unit is occupied by the owner of the property's record. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization;

(c)

The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval junior accessory dwelling unit and may result in legal action against the property owner;

(d)

The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection before the final map or parcel map. Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction;

(e)

A junior accessory dwelling unit shall not exceed five hundred square feet of total floor area and shall comply with the development standards in subsection 49.19.

(Ord. No. 568, 5-20-2025)