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

California state law preempts local owner-occupancy rules for standard ADUs. Government Code 65852.2(a)(8) prohibits Sunnyvale from imposing owner-occupancy on any ADU permitted from January 1, 2020 through December 31, 2024. For ADUs permitted on or after January 1, 2025, the state allows local owner-occupancy rules, but Sunnyvale Title 19 has NOT adopted such a requirement for standard ADUs - so owner-occupancy remains optional. Junior ADUs (JADUs - up to 500 sq ft carved out of the primary dwelling) carry a different rule under Government Code 65852.22(a)(2): the owner must occupy either the primary dwelling or the JADU, with a deed restriction recorded against the property prohibiting separate sale and requiring continued owner-occupancy. The deed restriction must be recorded with the Santa Clara County Clerk-Recorder before issuance of the Certificate of Occupancy. The JADU deed restriction also prohibits stays shorter than 30 days. There is no limit on the number of unrelated occupants for an ADU under California Gov. Code 65852.2(a)(6) - ADU occupants are treated like single-family occupants for zoning purposes. Sunnyvale's Single Family Home (SFH) standards in Title 19 do not impose an additional owner-occupancy layer. AB 1033 (2023, Gov. Code 65852.2(s)) allows Sunnyvale to permit condominium-style sale of ADUs separately from the primary - Sunnyvale has not yet adopted an AB 1033 ordinance.