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

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

Key Facts

Rule
Owner must occupy primary home or the JADU
Governing Section
Solano County Code § 28.72.10(B)(2)(q)(1)
Exception
Waived for government agency, land trust, housing org
Paperwork
Deed restriction recorded before JADU construction
Not Required For
Standalone ADUs without a companion JADU

Summary

Solano County requires the property owner to live in either the primary home or the junior accessory dwelling unit before a JADU can be built, per Section 28.72.10(B)(2)(q)(1), unless the owner is a government agency, land trust, or housing organization; standalone ADUs carry no such occupancy condition.

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

q. Additional Requirements for Junior Accessory Dwelling Units

(1) Either the primary dwelling or the junior accessory dwelling unit shall be occupied by the property owner, unless the owner is a governmental agency, land trust, or housing organization.

(2) Prior to construction of the junior accessory dwelling unit, the property owner shall record a deed restriction, which shall run with the land, that includes both of the following:

i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

ii. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with the development standards in this section.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 1868, passed April 9, 2026).

Full Breakdown

10(B)(2)(q) lists the "Additional Requirements for Junior Accessory Dwelling Units" layered on top of the general ADU/JADU development standards. The first, subsection (q)(1), conditions every JADU permit on owner-occupancy: either the primary dwelling or the junior accessory dwelling unit must be occupied by the property owner, unless the owner is a governmental agency, land trust, or housing organization. Before construction, subsection (q)(2) also requires the owner to record a deed restriction running with the land that bars selling the JADU separately from the single-family residence and locks in the size and design limits the county approved, a restriction a title company or the county recorder can confirm is on file.

Subsection (q)(3) requires the JADU to include an efficiency kitchen with a cooking facility and a food-preparation counter and storage cabinets, and (q)(4) bars renting the JADU for 30 days or less. Notably, Solano's code does not impose an equivalent owner-occupancy condition on a standalone accessory dwelling unit built without a JADU, consistent with the state-law change that stripped local owner-occupancy mandates for ADUs alone; the county kept the occupancy condition only where the code lets a homeowner carve a JADU out of an existing house.

Violations & Fines

Building or occupying a JADU without owner-occupancy of either unit, or without the recorded deed restriction required by subsection (q)(2), is a permit and zoning violation the Department of Resource Management can enforce; a JADU discovered without the deed restriction on file can be required to record it retroactively or face code-enforcement abatement under Chapter 10.

Frequently Asked Questions

Do I have to live on the property to build a JADU in Solano County?
Yes, generally. Section 28.72.10(B)(2)(q)(1) requires that "either the primary dwelling or the junior accessory dwelling unit shall be occupied by the property owner," so one of the two units on the lot needs an owner-occupant.
Is there an exception to the owner-occupancy rule?
Yes. The same subsection waives it "unless the owner is a governmental agency, land trust, or housing organization," which lets those entities develop or hold JADUs without a resident owner.
Does a regular ADU also require owner-occupancy?
No. Solano County's code applies the owner-occupancy condition only to junior accessory dwelling units under subsection (q)(1); a standalone accessory dwelling unit built without a JADU on the lot is not conditioned on the owner living on site.

Sources & Official References

Other rules in Solano County

All Solano County rules

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