Rocklin Municipal Code Chapter 17.67 expressly states 'there is no owner occupancy requirement' for an ADU permitted on or after January 1, 2020. This tracks Cal. Gov. Code §65852.2(a)(6), which prohibits local owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025 (extended by AB 976 / 2023 to permanently bar such requirements for ADUs on single-family lots). Junior ADUs (JADUs) are different: under Cal. Gov. Code §65852.22(a)(2) and RMC Chapter 17.67, 'the owner must live in the primary residence or the JADU.' Owner occupancy for JADUs must be evidenced by a recorded deed restriction that runs with the land and includes the owner-occupancy covenant and the prohibition on separate sale (Gov. Code §65852.22(a)(5)).
Three separate rules govern owner occupancy: (1) ADUs — no owner-occupancy requirement, per RMC Chapter 17.67 and Gov. Code §65852.2(a)(6). AB 976 (effective Jan 1, 2024) made this permanent. (2) JADUs — owner must occupy either the primary dwelling or the JADU as their principal residence, with a recorded deed restriction required by Gov. Code §65852.22(a)(5). Exception: government agency or qualified nonprofit owners do not need to owner-occupy. (3) ADUs permitted before Jan 1, 2020 — the owner-occupancy condition imposed at original permitting (if any) continues to run with the land. JADU deed restrictions must include both the owner-occupancy covenant AND the prohibition on separate sale; they are recorded against title and survive sale to subsequent owners.
Failing to record the JADU deed restriction before final inspection, or breaching the owner-occupancy covenant on a JADU, violates RMC Chapter 17.67 and Cal. Gov. Code §65852.22 and can trigger revocation of the JADU's certificate of occupancy, code enforcement citations under RMC Title 17, and an action to abate the unpermitted dwelling under Cal. Health & Safety Code §17920.3.
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