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Sonoma County, CA Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

JADU owner-occupancy
required
Standard ADU owner-occupancy
not required
Enforcement mechanism
recorded deed restriction
JADU maximum size
500 square feet
Applies to
unincorporated county only

Summary

Sonoma County does not require an owner to live on-site for a standalone accessory dwelling unit, but a junior accessory dwelling unit (JADU) carved out of a single-family home does: the property owner must occupy either the main house or the JADU.

City-specific rules exist: Petaluma, and Santa Rosa have their own adu owner occupancy rules that differ from Sonoma County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(g)Use Restrictions.(1)JADUs may be rented but shall not be sold separate from the single-family residence.(2)JADUs may not be rented for periods of less than thirty (30) days.(3)The owner of the property must reside in either the single-family home or the newly created JADU.(4)Deed Restriction. The property owner shall record a deed restriction that:(i)Prohibits sale of the JADU separate from the single-family residence;(ii)Specifies that the deed restriction runs with the land and is enforceable against future property owners;(iii)Restricts the size and attributes of the JADU to those established by this section and Government Code § 65852.22; and(iv)Makes the county a third-party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction. (Ord. No. 6352, § X(Exh. B), 9-14-2021)

Editor's note— Ord. No. 6352, § X(Exh. B), adopted Sep. 14, 2021, repealed the former § 26-88-061 and enacted a new section as set out herein. The former § 26-88-061 pertained to similar subject matter and derived from Ord. No. 6191, § III(Exh. B), adopted Jan. 24, 2017.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 64 Update 2).

Full Breakdown

Under Sec. 26-88-061(g), a JADU created inside a single-family home in unincorporated Sonoma County can be rented but not sold separately, cannot be rented for stays under 30 days, and the property owner must reside in either the single-family home or the JADU itself. A deed restriction recording these limits, with the county as an enforceable third-party beneficiary, is required before permit issuance. Full-size, detached ADUs permitted under the separate Sec. 26-88-060 carry no such owner-occupancy condition, only a ban on selling the ADU apart from the primary residence and a 30-day minimum-rental rule. This applies only in the unincorporated county; the cities of Sonoma, Santa Rosa, Petaluma, and Rohnert Park set their own ADU/JADU rules.

Violations & Fines

Renting a JADU without owner-occupancy, or otherwise breaching the recorded deed restriction, is a zoning code violation enforced by Permit Sonoma. Owner-occupied residential violations carry civil penalties of $15-$100/day for a first offense, rising to $200-$500/day for repeat violations within a year, under Sec. 1-7.1.

Frequently Asked Questions

Do I have to live on the property if I build an ADU in unincorporated Sonoma County?
Only for a junior ADU (JADU) built inside your home. Sec. 26-88-061(g)(3) requires the owner to live in either the house or the JADU. A standalone, detached ADU has no owner-occupancy requirement.
What secures the JADU owner-occupancy requirement?
A recorded deed restriction naming Sonoma County as a third-party beneficiary with the right to enforce it, per Sec. 26-88-061(g)(4). It runs with the land against future owners too.

Sources & Official References

Other rules in Sonoma County

All Sonoma County rules

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ADU Owner Occupancy in Cities Across Sonoma County