Accessory Dwelling Units - Deed Restriction Information

The following provides you with information on the Deed Restrictions required for either an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit.

Instructions:

DEED RESTRICTION

DECLARATION OF RESTRICTIONS 

ON USE OF AN ACCESSORY DWELLING UNIT (ADU/JADU)

 CITY OF PLACERVILLE

DEVELOPMENT SERVICES DEPARTMENT

  

ADMINISTRATIVE COVER SHEET

 In order to complete the building permit process for an accessory dwelling unit (ADU/JADU), you must provide to the Building Division a copy of the Title Deed for the property, including the legal description, so that staff can prepare the required deed restriction. Once the deed restriction form is prepared, staff will contact and provide the deed restriction to the property owner / applicant for property owner execution and recording. The deed restriction must be signed by all property owners listed on the property deed and have their signatures notarized by an actively commissioned notary public, on the appropriate California Certificate of Acknowledgment, as set forth in California Civil Code section 1189. After having this form notarized, take it to the El Dorado County Recorder-Clerk at 360 Fair Lane, Placerville, CA 95667.

 

Once the conformed copy has been issued by the County and is returned to the Building Division, the building permit can be issued.

  

NOTE: PRINT THE ADU or JADU DEED RESTRICTION SINGLE SIDED.  DO NOT PRINT IT DOUBLE SIDED.

Deed Restriction - ADU example:

DEED RESTRICTION DECLARATION OF RESTRICTIONS

ON USE OF AN ACCESSORY DWELLING UNIT (ADU):

The undersigned ENTER NAMES HERE AS SHOWN ON TITLE, owner(s) of the real property in the City of Placerville, El Dorado County, State of California, set forth in the legal description in “Exhibit A” and identified by Assessor’s Parcel No. (APN) ENTER APN, address ENTER ADDRESS, Placerville CA 95667, (hereinafter referred to as the “Property Owner”) declare(s) that:

The ENTER SQUARE FOOTAGE OF ADU AND INDICATE IF ATTACHED OR DETACHED (hereinafter referred to as the “Accessory Dwelling Unit” or “ADU”), as approved by the City of Placerville under Application No. ENTER BUILDING APPLICATION # (“Application”) shall remain in compliance with the Placerville City Code, which requires that:

(1) ADU shall not be sold separately from the primary residence;

(2) The ADU shall not be rented for periods of less than 30 days, and

(3) No expansion of the ADU or the primary residence shall occur, nor shall any other work on the property be done that requires a ministerial or discretionary permit without first obtaining the required permit(s) from the City.

This Deed Restriction restricts the use of the ADU in accordance with Placerville City Code (PCC) 10-4-12, and is intended to be a covenant running with the land, that shall bind all successive owners of the property.  In order to comply with this City code section and the above-referenced conditions, Property Owner shall adhere to this Deed Restriction and inform all future buyers of the property of all the conditions that apply to the ADU, discussed herein.  Daily penalties may be imposed, pursuant to PCC 1-4-5 and 10-4-12, for violations of the applicable ordinance and/or this deed restriction. This Deed Restriction may not be removed from this property without the prior written consent of the Development Services Director of the City of Placerville.

Deed Restriction - JADU example:

DEED RESTRICTION DECLARATION OF RESTRICTIONS

ON USE OF A JUNIOR ACCESSORY DWELLING UNIT (JADU)

The undersigned ENTER NAMES HERE AS SHOWN ON TITLE owner(s) of the real property in the City of Placerville, El Dorado County, State of California, set forth in the legal description in “Exhibit A” and identified by Assessor’s Parcel No. (APN) ENTER APN, address ENTER ADDRESS, Placerville CA 95667, (hereinafter referred to as the “Property Owner”) declare(s) that:

The ENTER SQUARE FOOTAGE OF JUNIOR ADU (hereinafter referred to as the “Junior Accessory Dwelling Unit”  or “JADU”), as approved by the City of Placerville under Application No. ENTER BUILDING APPLICATION # (“Application”), shall remain in compliance with the Placerville City Code, which requires that:

(1) The JADU shall not be sold separately from the primary residence;

(2) The JADU must include access to a full bathroom at all times without time limitations;

(3) The JADU shall not be rented for periods of less than 31 days; and

(4)  Either the primary residence or JADU unit or any other Accessory Dwelling Unit permitted on the property shall be owner-occupied.

If for any reason the Property Owner is unable to reside on the premises, continued occupancy of the JADU is invalid and in violation of the Placerville City Code.

This Deed Restriction restricts the use of the JADU in accordance with Section 10-4-12 of the Placerville City Code, and is intended to be a covenant running with the land, that shall bind all successive owners of the property.  In order to comply with this City code section and the above-referenced conditions, Property Owner shall adhere to this Deed Restriction and inform all future buyers of the property of all the conditions that apply to the JADU, discussed herein. Daily penalties may be imposed, pursuant to PCC 1-4-5 and 10-4-12, for violations of the applicable ordinance and/or this Deed Restriction. This Deed Restriction may not be removed from this property without the prior written consent of the Development Services Director of the City of Placerville.