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

310(G), titled Owner Occupancy, states in full that owner occupancy is not required on a property with an ADU, meaning a landlord can build a standalone accessory dwelling unit and rent out both the main house and the ADU to tenants without living there. Junior accessory dwelling units are treated differently under subsection (H)(6): owner-occupancy is required if a JADU shares sanitation facilities with the existing structure, and in that case the owner must occupy the single-unit residence, living in either the remaining portion of the main structure or in the JADU itself.

That JADU owner-occupancy duty drops away 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. JADUs also carry a recorded deed restriction under subsection (H)(7) that runs with the land, prohibiting sale of the JADU apart from the primary dwelling and restricting its size and attributes to what the code allows; that restriction is filed with the permitting agency and is enforceable against future purchasers of the property.