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Thousand Oaks, CA Accessory Structures: ADU Owner Occupancy (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner-occupancy applies to
JADUs only, never standalone ADUs
Trigger condition
JADU shares sanitation with main house
Exempt owners
government agency, land trust, housing org
Locked in by
deed restriction, Ventura County Recorder
Governing state law
Cal. Gov. Code § 66333
Enforcement remedy
injunction or abatement of the JADU
Enforcing department
Community Development Department

Summary

Thousand Oaks imposes no owner-occupancy requirement on a standalone ADU at all. The rule bites only on a lot with a junior ADU (JADU): the owner must live in the primary home or the JADU, and only when the JADU shares a bathroom or kitchen with the main house.

(c) On a lot with a JADU, the property owner shall occupy either the primary dwelling or the JADU only when the JADU shares sanitation facilities with the primary dwelling, or when the owner is a governmental agency, land trust, or housing organization. When a JADU contains separate sanitation facilities, no owner-occupancy requirement shall apply, consistent with California Government Code Section 66333, as amended.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-78: 2026 S-78 Supplement contains: Current city legislation passed through March 31, 2026).

Full Breakdown

4506(c), a property owner must occupy either the primary dwelling or the JADU on that lot, but only when the JADU shares sanitation facilities with the primary dwelling, or when the owner is a governmental agency, land trust, or housing organization. If the JADU has its own separate bathroom, no owner-occupancy requirement applies at all, consistent with California Government Code Section 66333. 4512(c) requires this condition to be locked in by a deed restriction recorded with the Ventura County Recorder's Office at the property owner's expense before the JADU is approved; the recorded restriction must state the occupancy condition, disclose it to future buyers, and remain enforceable against later purchasers.

4502) makes clear that where City rules conflict with the state ADU statutes at Government Code Sections 66310-66342, the state law controls. 4503, without a discretionary hearing, so the owner-occupancy condition is set at the deed-restriction stage rather than through a case-by-case permit finding.

Violations & Fines

The JADU deed restriction is enforceable by the Community Development Department, or its designee, for the City's benefit. Failure to comply lets the City pursue legal action against the property owner and obtain any remedy available at law or equity, including an injunction stopping the illegal use of the JADU or abatement of the unit itself, under TOMC Section 9-4.4512(c)(5).

Frequently Asked Questions

Do I have to live on my property if I build an ADU in Thousand Oaks?
No. A standalone accessory dwelling unit carries no owner-occupancy requirement under TOMC Section 9-4.4506; you can rent out both the primary house and the ADU. The occupancy condition only attaches to a junior ADU (JADU) sharing a bathroom or kitchen with the main house.
When does the JADU owner-occupancy rule not apply?
It drops away entirely if the JADU has its own separate sanitation facilities, per Section 9-4.4506(c) and Government Code Section 66333. It also does not apply when the property owner is a governmental agency, land trust, or housing organization rather than an individual.
How is the JADU owner-occupancy requirement enforced?
It is written into a deed restriction recorded with the Ventura County Recorder's Office before permit approval. If the owner-occupancy condition is violated, the Community Development Department can pursue legal action, including an injunction against the illegal use or abatement of the JADU, under Section 9-4.4512(c)(5).

Sources & Official References

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