California state law bars Ventura from imposing owner-occupancy on ADUs permitted between 2020 and 2025. Owner-occupancy is required only for JADUs (junior ADUs) under Gov. Code § 65852.22(a)(2), which mandates that the owner reside in either the primary dwelling or the JADU.
Gov. Code § 65852.2(a)(6) prohibited local agencies from imposing owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025. AB 976 (2023) made that prohibition permanent for ADUs by removing the sunset, so Ventura cannot impose owner-occupancy on standard ADUs. For JADUs, however, Gov. Code § 65852.22(a)(2) continues to require that the owner-applicant occupy either the main dwelling or the JADU as their principal residence (with limited exceptions for governmental agencies, land trusts, or housing organizations). Ventura's local zoning code in SBMC Division 13 must conform; any local owner-occupancy requirement on an ADU is unenforceable as preempted.
JADU owner-occupancy violations may be enforced under SBMC code enforcement after notice and opportunity to cure. The recorded JADU deed restriction (required by Gov. Code § 65852.22(a)(5)) provides the city legal basis to require compliance or convert the JADU back to part of the primary dwelling.
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