Under Cal. Gov. Code §65852.2(a)(6), Stockton may NOT impose owner-occupancy on ADUs permitted between January 1, 2020 and January 1, 2025. JADUs DO require owner-occupancy of either the primary home or the JADU, recorded as a deed restriction per §65852.22(a)(2).
California state law sets a two-track rule that Stockton must follow: (1) ADUs — for any ADU permitted between Jan 1, 2020 and Jan 1, 2025, Gov. Code §65852.2(a)(6) prohibits cities from imposing an owner-occupancy requirement. After Jan 1, 2025, cities may reinstate owner-occupancy by ordinance, but Stockton's posted ADU guidance does not currently impose one on standard ADUs. (2) JADUs — Gov. Code §65852.22(a)(2) requires owner-occupancy as a condition of approval: the property owner must reside in either the primary dwelling or the JADU. Stockton's Building & Life Safety ADU page expressly confirms this for JADUs and requires the restriction to be recorded against title. The owner-occupancy covenant runs with the land until the JADU is removed or converted.
Failing to occupy the property when a JADU is present violates the recorded covenant and Gov. Code §65852.22. Stockton may revoke the JADU certificate of occupancy and pursue abatement under SMC Chapter 1.20. The recorded restriction also clouds title — buyers' lenders will require resolution at sale.
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