Oxnard, CA Accessory Structures: ADU Owner Occupancy (2026)

12(A)(1) states plainly that neither the primary residence nor the ADU is required to be occupied by the property owner, so a homeowner may rent out both the main house and a full ADU without living in either. Subsection (A)(2) draws a different line for junior accessory dwelling units: owner-occupancy is required for a single-family residence with a JADU if that JADU shares sanitation facilities with the existing structure, though the owner can satisfy the requirement by living in either the remaining portion of the house or the newly created JADU itself.

The requirement drops away entirely if the JADU has its own separate sanitation facilities, or if the owner is a governmental agency, land trust or housing organization rather than an individual. 12(D) requires that, before the city issues a building permit for a JADU, an agreement affecting real property be recorded against the title imposing restrictions that include the owner-occupancy obligation and a prohibition on selling the JADU separately from the single-family residence, with the recorded language subject to the city's approval and enforceable against future owners of the property.

Because the occupancy condition rides with the deed rather than the original applicant, a buyer who purchases a home with a shared-bathroom JADU inherits the same requirement to live in either the house or the JADU for as long as that recorded restriction runs with the land.