Under Cal. Gov. Code §65852.2(a)(6) (as amended by AB 587/AB 671), Chico cannot require owner-occupancy for an ADU permitted between January 1, 2020 and December 31, 2024. JADUs (junior ADUs ≤500 sq ft inside the primary residence) require owner-occupancy of either the primary or JADU under Cal. Gov. Code §65852.22. Chico codified this dual standard in CMC §19.76.130 — no owner-occupancy for standard ADUs in the current window; owner-occupancy mandatory for JADUs and recorded in a deed restriction.
Cal. Gov. Code §65852.2(a)(6) explicitly bars local agencies from imposing owner-occupancy requirements on standard ADUs permitted from 2020 through 2024 (the sunset has since been extended; check current state law). Chico applies this rule in CMC §19.76.130 — a homeowner may move out and rent both the primary and ADU on long-term leases. JADUs are different: Cal. Gov. Code §65852.22(a)(2) and CMC §19.76.130 require the owner to occupy either the primary dwelling or the JADU as their principal residence, and a deed restriction must be recorded prior to occupancy stating (1) the owner-occupancy requirement, (2) the JADU may not be sold separately, and (3) the size/attributes of the JADU. Owner-occupancy applies whether the JADU is rented or vacant.
Failure to record the required JADU deed restriction blocks Certificate of Occupancy. Violating owner-occupancy for a JADU triggers Code Enforcement under CMC §1.32: notice of violation, administrative citation, and potential abatement (cease use as JADU). Standard ADUs have no occupancy enforcement during the 2020–2024 window.
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