Sonoma County, CA Accessory Structures: ADU Owner Occupancy (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 The rule sits in Zoning Code § 26-24-150(C), which replaced the repealed § 26-88-061.
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.
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?
Can I rent out a JADU in Sonoma County?
What does the deed restriction for a JADU have to say?
Where did the old § 26-88-061 rule go?
Does an ADU, as opposed to a JADU, carry an owner-occupancy rule?
Sources & Official References
Other rules in Sonoma County
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