Thousand Oaks cannot require the property owner to live on-site to operate a standard ADU, per AB 881 / AB 976 and Gov. Code §65852.2(a)(7). Junior ADUs (JADUs) under TOMC Title 9 still require owner-occupancy of either the JADU or the primary dwelling, memorialized in a deed restriction recorded with Ventura County.
AB 881 (2019), codified at Gov. Code §65852.2(a)(7), prohibited cities — including Thousand Oaks — from imposing owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025. AB 976 (2023) extended that prohibition indefinitely for ADUs (it does not apply to JADUs). TOMC Title 9 conforms to state law on this point. Junior Accessory Dwelling Units (JADUs) — units up to 500 sq ft created within the walls of an existing single-family dwelling — are governed by Gov. Code §65852.22 and require owner-occupancy of either the JADU or the primary residence, plus a recorded deed restriction that memorializes the requirement and prohibits short-term rental of the JADU. The deed restriction is recorded against the parcel with the Ventura County Recorder before final inspection. AB 1033 (2023) allows cities to opt in to a condominium-conversion regime that would permit ADUs to be sold separately from the primary dwelling, but Thousand Oaks has not adopted that opt-in by default — confirm current city policy before relying on separate-sale eligibility.
Imposing an owner-occupancy condition on a standard ADU in violation of Gov. Code §65852.2(a)(7) is unlawful; the City would have to strike the condition. For JADUs, breach of the recorded deed restriction (e.g., neither owner nor tenant living on-site) is enforceable through the deed restriction's remedies, plus TOMC zoning enforcement (administrative citations, abatement) and potential conversion-back orders.
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