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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Sonoma County Code § 26-24-150(C)
Owner must live on site
In the JADU or the main house
Exceptions
Separate bathroom; owner is a government agency, land trust, or housing organization
Minimum rental term
More than 30 days
Maximum JADU size
500 square feet
Deed restriction
Recorded; County is third-party beneficiary
Units per lot
One JADU

Summary

Sonoma County requires the owner of a lot with a junior accessory dwelling unit to live in either the JADU or the main house, unless the JADU has its own bathroom or the owner is a government agency, land trust, or housing organization. The rule sits in Zoning Code § 26-24-150(C), which replaced the repealed § 26-88-061.

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.

C. Use Restrictions. 1. Ownership. a. A JADU may be rented but shall not be sold separately from the single-family residence. b. The owner of the property must reside in either the JADU or the remaining portion of the single-family dwelling, unless either: (1) The JADU includes sanitation facilities that are separate from the single-family dwelling; or (2) The owner is a governmental agency, land trust, or housing organization. 2. Duration of Tenancy. JADUs shall not be rented for periods of thirty (30) days or less. 3. Deed Restriction. The property owner shall record a deed restriction that: a. Prohibits sale of the JADU separately from the single-family residence; and b. Specifies that the deed restriction runs with the land and is enforceable against future property owners; and c. Restricts the size and attributes of the JADU to those established by Government Code Section 66333 and reflected in this section; and d. Makes the County a third-party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction.

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

Since Ordinance No. 6544 (adopted December 9, 2025), the county's JADU rules live in Sonoma County Code § 26-24-150, and the old § 26-88-061 now reads "Reserved." Subsection C(1) sets the ownership rules. A JADU can be rented but cannot be sold separately from the single-family residence. The property owner must live in either the JADU or the remaining part of the house. Two exceptions lift that owner-occupancy duty: the JADU has sanitation facilities separate from the main dwelling, or the owner is a governmental agency, land trust, or housing organization. In practice, an owner who builds a JADU with its own bathroom can live elsewhere and rent out both units, while an owner who shares a bathroom with the main house must stay on site in one of the two spaces.

A JADU is a unit of no more than 500 square feet contained entirely within a single-family residence, and it may include its own sanitation facilities or share them with the main structure. Subsection C(2) bars rentals of 30 days or less, so short-term rental use is off the table. Subsection C(3) requires the owner to record a deed restriction that prohibits separate sale, states that the restriction runs with the land and binds future owners, limits the size and attributes of the JADU to those in Government Code Section 66333, and makes the County a third-party beneficiary with the right to enforce it.

The unit itself must meet the standards in subsection F: one JADU per lot, created from space inside an existing or proposed single-family dwelling (including enclosed uses such as an attached garage), a separate exterior entrance, an efficiency kitchen with a cooking facility and a food preparation counter with storage cabinets, and no additional parking. If the bathroom is shared with the main house, there must be interior entry to the main living area, and the shared bathroom is not counted in the 500 square foot floor area. JADUs are exempt from Design Review, and subsection G sends new JADUs through the same permit process as ADUs under § 26-24-020, where a complete ADU application with an existing primary dwelling must be approved or denied within sixty days. Subsection H lets unpermitted JADUs created before January 1, 2020 be legalized through the ADU process.

For detached or attached ADUs, § 26-24-020(C) imposes no owner-occupancy duty of its own: ADUs can be rented, cannot be conveyed separately from the primary residence except as State law provides, and cannot be rented for 30 days or less.

Violations & Fines

Section 26-24-150 prints no penalty schedule of its own. The County's lever is the recorded deed restriction, which names the County as a third-party beneficiary with the right to enforce it against current and future owners. An owner who rents a JADU without living on site, when the unit has no separate bathroom, or who rents it for 30 days or less, breaks the use restrictions in subsection C and can be pursued through the zoning enforcement process. A JADU sold apart from the single-family residence violates both subsection C(1)(a) and the deed restriction.

Frequently Asked Questions

Do I have to live on the property if I build a JADU in Sonoma County?
Yes, unless an exception applies. Under § 26-24-150(C)(1)(b) the owner must reside in either the JADU or the remaining portion of the single-family dwelling. The duty falls away if the JADU has sanitation facilities separate from the main house, or if the owner is a governmental agency, land trust, or housing organization.
Can I rent out a JADU in Sonoma County?
Yes, but not short term. The code states that a JADU can be rented, and § 26-24-150(C)(2) bars rentals of thirty days or less. The unit also cannot be sold separately from the single-family residence, and the recorded deed restriction repeats that ban for every future owner.
What does the deed restriction for a JADU have to say?
Under § 26-24-150(C)(3) it must prohibit sale of the JADU apart from the house, state that it runs with the land and binds future owners, restrict the unit's size and attributes to those in Government Code Section 66333, and name the County as a third-party beneficiary with the right to enforce it.
Where did the old § 26-88-061 rule go?
Ordinance No. 6544, adopted December 9, 2025, repealed § 26-88-061 and § 26-88-060, and the JADU standards moved into Article 24 as § 26-24-150. The ownership, 30-day tenancy, and deed restriction rules now appear in subsection C of that section.
Does an ADU, as opposed to a JADU, carry an owner-occupancy rule?
Not in § 26-24-020. Its use restrictions in subsection C allow ADUs to be rented, bar separate sale or conveyance of the ADU except as State law provides, and bar rentals of thirty days or less. The owner-on-site requirement with its bathroom exception appears only in the JADU section.

Sources & Official References

Other rules in Sonoma County

All Sonoma County rules

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