Lodi follows California state law: standard ADUs permitted on or after January 1, 2020 carry no owner-occupancy requirement, but Junior ADUs (JADUs) require the owner to live in either the main dwelling or the JADU.
California Government Code Section 66314(a)(7) prohibits Lodi from imposing an owner-occupancy requirement on standard ADUs (attached, detached, or converted) permitted between January 1, 2020 and January 1, 2025; SB 477 then made this restriction permanent. As a result, Lodi LMC 17.36.130 does not require an owner to live on-site to maintain a standard ADU - the owner may rent both the main house and the ADU separately to different tenants on long-term leases. Junior ADUs (JADUs) are different: under California Government Code Section 66333(a)(1) and confirmed by Lodi's published ADU information, the property owner must reside in either the main single-family dwelling or the JADU, and this obligation must be memorialized by a deed restriction recorded against the property prior to JADU permit issuance. The owner-occupancy requirement for JADUs is waived only if the property is owned by a governmental agency, land trust, or housing organization.
JADU owner-occupancy violations may result in revocation of the JADU permit and recorded deed restriction enforcement under LMC 17.36.130. Standard ADUs have no owner-occupancy requirement to violate.
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