Stockton 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). The prohibition on owner-occupancy requirements applies indefinitely to ADUs permitted on or before January 1, 2025 and prospectively under AB 976. 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 must be recorded with San Joaquin County.
Cal. Gov. Code §65852.2(a)(8) prohibits Stockton and every other California local agency from imposing owner-occupancy as a condition of an ADU permit. SMC §16.80.310 implements this rule — there is no owner-occupancy requirement on Stockton ADUs. AB 976 (2023) made this prohibition permanent. 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 their principal residence (§65852.22(a)(2)), and §65852.22(a)(5) requires a recorded deed restriction documenting both the owner-occupancy obligation and the prohibition on separate sale of the JADU. Stockton's published ADU guide confirms that the owner-occupancy deed restriction is required for JADUs and is recorded with San Joaquin County prior to issuance of a certificate of occupancy. The owner-occupancy obligation runs with the land and binds future owners.
Violation of a recorded JADU owner-occupancy deed restriction is enforceable by the city through code enforcement under SMC Title 8 (Health and Safety) and by the recorded covenant itself, which is enforceable by injunction. Continued violation may render the JADU certificate of occupancy subject to revocation.
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