For ADUs permitted from Jan 1, 2020 through Dec 31, 2024, Cal. Gov. Code §65852.2(a)(6) prohibited cities including Chino from imposing owner-occupancy requirements. As of Jan 1, 2025, cities may again require owner occupancy on new ADU permits but Chino's CMC Chapter 20.11 follows state defaults. JADUs ALWAYS require owner occupancy of either the primary residence or the JADU under Cal. Gov. Code §65852.22(a)(2).
Cal. Gov. Code §65852.2(a)(6) imposed a statewide moratorium on owner-occupancy requirements for ADUs from January 1, 2020 through January 1, 2025; ADUs permitted in that window are not subject to any owner-occupancy condition for the life of the unit. After January 1, 2025, cities may reinstate owner-occupancy conditions on newly permitted ADUs but only if explicitly adopted in the local ordinance. JADUs are treated differently: under Cal. Gov. Code §65852.22(a)(2), the property owner must occupy either the primary dwelling or the JADU as their principal residence (exceptions exist for governmental agencies, land trusts, and nonprofits as owners). Verify current Chino CMC Ch. 20.11 language with Planning at 909-334-3253.
Falsely declaring owner occupancy at JADU permit issuance, or vacating both units after JADU permit, may trigger code enforcement, revocation of the JADU certificate of occupancy, and required deed-restriction enforcement.
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