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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Max JADU size
500 sq ft
Owner-occupancy required
Yes, with 3 institutional exemptions
Deed restriction
Recorded before final inspection
Location
Within walls of the single-unit dwelling
Governing section
Sacramento City Code § 17.228.105(B)(3)

Summary

A Sacramento junior accessory dwelling unit, capped at 500 square feet and built within the walls of the primary home, requires the property owner to live on site, unless the property is owned by a government agency, land trust, or housing organization. The requirement is locked in with a recorded deed restriction under Government Code section 66333.

a. Maximum area. The floor area of one junior accessory dwelling unit may not exceed 500 square feet. b. Owner occupancy. Unless owned by a government agency, land trust, or housing organization, the property owner must reside onsite.

Full Breakdown

105(B)(3) sets junior accessory dwelling unit rules separately from full ADUs. Subsection (a) caps a junior ADU's floor area at 500 square feet. ' That means an investor who does not live on the property cannot add a junior ADU under this local pathway, though the exemption for government agencies, land trusts, and qualifying housing organizations removes the requirement for those owners specifically. Subsection (c) backs the rule with a recorded instrument: before final building permit inspection, a deed restriction must be recorded consistent with Government Code section 66333, stating that the junior ADU cannot be sold separately from the single-unit dwelling, that the restriction binds future purchasers, and that the unit's size and attributes cannot deviate from the approved building permit.

Subsections (d) through (g) round out the junior ADU standards: the unit must be built within the walls of the single-unit dwelling (including an attached garage), have an entrance separate from the home's main entrance, include either a separate bathroom or both that separate entrance and an interior door to the main living area, and contain an efficiency kitchen with cooking appliances plus a food-preparation counter and storage cabinets sized reasonably for the unit.

Violations & Fines

There is no separate penalty tied to this subsection; a junior ADU occupied or sold in violation of the owner-occupancy or deed-restriction terms breaches both the recorded deed restriction and the zoning code. Under section 1.28.020, city code violations are misdemeanors punishable by a $500-$1,000 fine, up to six months in jail, or both, with each day of continuation a separate offense.

Frequently Asked Questions

Does the owner have to live in the house to build a junior ADU in Sacramento?
Generally yes. Section 17.228.105(B)(3)(b) requires the property owner to reside on site to add a junior accessory dwelling unit, unless the property is owned by a government agency, land trust, or qualifying housing organization, which are exempt from the occupancy condition.
How is the owner-occupancy rule enforced over time?
Through a recorded deed restriction. Section 17.228.105(B)(3)(c) requires the restriction to be recorded before final building permit inspection, consistent with Government Code section 66333, and it binds future purchasers of the property, not just the original applicant.
How big can a Sacramento junior ADU be?
No larger than 500 square feet. Section 17.228.105(B)(3)(a) sets that cap, and the unit must be built within the existing walls of the single-unit dwelling, which can include an attached garage, rather than as new detached square footage.

Sources & Official References

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