Salinas cannot impose owner-occupancy requirements on standard ADUs because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), preempts local owner-occupancy mandates. Junior ADUs (JADUs) created under Gov. Code §65852.22 still require owner occupancy of either the primary dwelling or the JADU, with a deed restriction recorded against title at permit issuance.
California Government Code §65852.2(a)(6) initially barred local owner-occupancy requirements on ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (Ting, 2023) made that prohibition permanent, so SMC §37-50.250 cannot require the property owner to live on-site for a standard ADU. Both the primary dwelling and the ADU may be leased to non-owner long-term tenants (30+ days). Junior ADUs - smaller units created inside the walls of an existing single-family dwelling and sharing the primary kitchen or systems - remain an exception under both state law (Gov. Code §65852.22) and Salinas' implementing zoning. For JADUs, the property owner must occupy either the primary unit or the JADU, and the city requires a deed restriction recorded at permit issuance memorializing the requirement. AB 1033 (Ting, 2023) created an opt-in path for separate condominium sale of an ADU; Salinas has not adopted an AB 1033 ordinance as of late 2025, so an ADU cannot be sold separately from the primary dwelling within city limits. The HCD ADU technical assistance letter to Salinas (October 8, 2025) confirms the state-law preemption applies to Chapter 37.
Standard ADU owner-occupancy is preempted by state law - no city enforcement. JADU owner-occupancy violations can result in Certificate of Occupancy revocation, code enforcement citations under SMC Chapter 1, and breach of the recorded deed restriction. Misrepresenting JADU occupancy on permit forms is permit fraud and can trigger civil and criminal penalties under California law.
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