A. Accessory dwelling units and junior accessory dwelling units shall not be sold or owned separately from the primary dwelling unit, except as otherwise provided in Cal. Gov’t Code § 65852.26. If accessory dwelling unit is sold or conveyed separately from the primary residence pursuant to Cal. Gov’t Code § 65852.26, it shall comply with the following:
1. Meet all requirements of Cal. Gov’t Code § 65852.26.
2. Comply with all requirements of Subdivision Map Act, if applicable.
3. Provide separate utility connections and separate utility meters.
B. Any junior accessory dwelling unit and accessory dwelling unit that is used as a rental unit must be rented for no less than 30 consecutive days at any time.
C. Junior accessory dwelling units. If the property contains a junior accessory dwelling unit, the legal owner of such property must occupy one of the residential dwellings on the property as that person's legal domicile and permanent residence as long as the junior accessory dwelling unit exists on the property.
D. The legal owner of a property with a junior accessory dwelling unit subject to the owner occupancy requirements as specified in subsection C. of this section shall record a covenant in a form satisfactory to the City Attorney within 30 days following the issuance of a building permit for such junior accessory dwelling, which shall include the following requirements and any other provisions required by state law:
1. The junior accessory dwelling unit may not be sold, transferred, or assigned separately from the primary residence;
2. The junior accessory dwelling unit may not be rented for a period of less than 30 consecutive days;
3. The junior accessory dwelling unit shall be a legal unit and may be used as habitable space, only so long as either the main dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner-occupancy; and
4. Such restrictions shall run with the land and be binding upon all future owners, and lack of compliance may result in legal action against the property owner to compel compliance with this code. The covenant shall be recorded in the official records of Orange County, and a copy of the covenant shall be filed with the office of the City Clerk.
(Ord. 1242, passed 8-15-23; Am. Ord. 1247, passed 3-19-24)