Sunnyvale, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Applies to
- Junior accessory dwelling units (JADUs) only
- Requirement
- Owner-occupancy of JADU or main residence
- Recorded
- Deed covenant before building permit issues
- JADU size cap
- 500 square feet maximum
- Standard ADUs
- No owner-occupancy requirement, § 19.79.040(q)
- Governing section
- SMC § 19.79.050(d)(7)
Summary
Sunnyvale requires the property owner to live on site whenever a junior accessory dwelling unit is created. Section 19.79.050(d)(7) makes owner-occupancy of either the JADU or the main house a recorded deed covenant before the building permit issues; standard ADUs carry no such requirement.
Owner-occupancy and Deed Restriction. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit is located. Either the newly created junior accessory dwelling unit or the remaining portion of the single-family dwelling structure must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of building permit approval by appropriate documents establishing title and residency.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4856529; v14 updated 2026-05-19).
Full Breakdown
050(d)(7) requires owner-occupancy in the single-family residence containing a junior accessory dwelling unit, capped at 500 square feet and built entirely within the walls of an existing or proposed single-family dwelling. Either the newly created JADU or the remaining portion of the single-family dwelling must be the bona fide principal residence of at least one legal owner of the lot, established at the time of building permit approval by documents proving title and residency. 050; and the restrictions are enforceable against future purchasers. This owner-occupancy condition is unique to JADUs.
040(q) confirms that a standard, larger new-construction or conversion ADU has no such requirement and may be rented out separately from the main dwelling with no owner living on the lot at all.
Violations & Fines
The city withholds the building permit until the applicant records the owner-occupancy and no-separate-sale covenant required by Section 19.79.050(d)(7)(A). Because the covenant is recorded on title and expressly enforceable against future purchasers, selling the JADU separately from the single-family residence or discontinuing owner-occupancy in violation of the recorded covenant is a title-based breach that runs with the land.
Frequently Asked Questions
Do I have to live in my house if I build a junior ADU in Sunnyvale?
Does owner-occupancy apply to regular Sunnyvale ADUs too?
Can I sell my junior ADU separately from my house in Sunnyvale?
Sources & Official References
Other rules in Sunnyvale
California rules heatmap·Compare Sunnyvale to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Santa Clara County handle adu owner occupancy.