Long Beach cannot impose an owner-occupancy requirement on ADUs under California Government Code Section 65852.2(a)(6), as amended by AB 881 and AB 976. JADUs always require owner-occupancy of the JADU or the primary dwelling, recorded by deed restriction.
Under Cal. Gov Code 65852.2(a)(6) (as amended by AB 881 and made permanent by AB 976), Long Beach is preempted from imposing an owner-occupancy requirement on ADUs. AB 976 made the prohibition permanent for all ADUs, replacing the previous sunset that would have expired in January 2025. JADUs are different: under Cal. Gov Code 65852.22, the owner must occupy either the primary dwelling or the JADU as a principal residence, and Long Beach records a deed restriction at building permit issuance. The deed restriction also prohibits separate conveyance of the JADU. LBMC Section 21.45.400 was amended to delete prior city owner-occupancy language for ADUs to conform to state law.
Violating a JADU owner-occupancy deed restriction is a code violation under LBMC Section 21.45.400 and a breach of the recorded covenant; the city can refer to the City Prosecutor for civil enforcement and require restoration to single-family use.
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