Bakersfield does not impose an owner-occupancy requirement on ADUs permitted between January 1, 2020 and January 1, 2025, consistent with Cal. Gov. Code §65852.2(a)(8). AB 587 (2019) extended this no-owner-occupancy window to all ADUs permitted in that period. JADUs continue to require owner-occupancy under Cal. Gov. Code §65852.22(a)(2) — the owner must live in either the primary dwelling or the JADU and a deed restriction is recorded.
Under Cal. Gov. Code §65852.2(a)(8), as amended by AB 587 and AB 671, Bakersfield may not require owner-occupancy as a condition of an ADU permitted on or before December 31, 2024. AB 976 (2023) made this no-owner-occupancy rule permanent for ADUs permitted on or before January 1, 2025 and extended the prohibition indefinitely going forward — no city may require owner-occupancy on a new ADU. JADUs are a separate creature: Cal. Gov. Code §65852.22(a)(2)–(5) requires the property owner to occupy either the primary residence or the JADU as their principal residence, and §65852.22(a)(5) requires a recorded deed restriction stating the JADU may not be sold separately and that the owner-occupancy obligation runs with the land. Bakersfield BMC Chapter 17.65 implements both rules — no owner-occupancy on ADUs, mandatory owner-occupancy plus deed restriction on JADUs.
Violation of a JADU owner-occupancy deed restriction may be enforced by the city through code enforcement under BMC Ch. 8.80 (Abatement of Public Nuisances) and may render the JADU certificate of occupancy subject to revocation. The recorded deed restriction is also enforceable by injunction.
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