Modesto does not require owner-occupancy for ADUs, consistent with Cal. Gov. Code 65852.2(a)(8) as amended by AB 587 (2019) and AB 976 (2023), which permanently prohibit owner-occupancy as a condition of ADU permitting. JADUs, however, continue to require owner-occupancy under Cal. Gov. Code 65852.22(a)(2) - the owner must reside in either the primary dwelling or the JADU, and a deed restriction is recorded with Stanislaus County.
Cal. Gov. Code 65852.2(a)(8) prohibits Modesto and every other California local agency from imposing owner-occupancy as a condition of an ADU permit. AB 976 (2023) made this prohibition permanent. MMC 10-4.115 implements this rule - there is no owner-occupancy requirement on Modesto ADUs. JADUs are governed by Cal. Gov. Code 65852.22, which still requires owner-occupancy: the property owner must reside in either the main dwelling or the JADU as a principal residence (section 65852.22(a)(2)), and section 65852.22(a)(5) requires a recorded deed restriction documenting both the owner-occupancy obligation and the prohibition on separate sale of the JADU. The deed restriction is recorded with the Stanislaus County Recorder before a certificate of occupancy is issued. The owner-occupancy obligation runs with the land and binds future owners. Standard landlord-tenant rules under Cal. Civ. Code 1940 et seq. apply once an ADU or main house is rented.
Violation of a recorded JADU owner-occupancy deed restriction is enforceable by the city through code enforcement under MMC Title 4 and by the recorded covenant itself, which is enforceable by injunction. Continued violation may render the JADU certificate of occupancy subject to revocation. Confirm specific penalty amounts with Modesto Code Enforcement.
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