Glendale cannot require owner occupancy on standard ADUs permitted after January 1, 2020 because California Government Code Β§65852.2(a)(6), made permanent by AB 976 (2023), prohibits local owner-occupancy mandates. Junior ADUs (JADUs) under GMC Β§30.34.080 still require owner occupancy of either the primary dwelling or the JADU because they share walls and utilities, recorded by deed restriction.
California Government Code Β§65852.2(a)(6) prohibited local agencies from imposing owner-occupancy requirements on standard ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (Ting, 2023) made this prohibition permanent, so GMC Β§30.34.080 cannot require the property owner to live on-site for standard ADUs going forward. Both the primary dwelling and the ADU may be rented to non-owner tenants for terms of 30 days or more. JADUs are an explicit exception under both state law (Gov. Code Β§65852.22) and GMC Β§30.34.080 β because a JADU shares walls and utilities with the principal dwelling, the owner must occupy either the principal unit or the JADU. Glendale records a deed restriction memorializing the JADU owner-occupancy requirement and the prohibition on separate sale of the JADU at permit issuance, consistent with the ADU Covenant Agreement Glendale records against title. AB 1033 (2023) authorizes cities to opt in to ADU condo conversion (separate sale of an ADU from the primary dwelling); Glendale has not adopted AB 1033 as of the date of this article β owners should confirm current city policy with Community Development before relying on a separate-sale strategy.
Standard ADU owner-occupancy is preempted by state law β Glendale cannot enforce. JADU owner-occupancy violations can result in revocation of the Certificate of Occupancy, code enforcement under GMC Title 1, and breach of the recorded ADU Covenant Agreement. Misrepresenting JADU occupancy on permit applications is permit fraud and can void the permit.
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