Under California AB 587 (codified at Gov. Code §65852.2(a)(6)), Visalia could not impose owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025. AB 976 (2023) made the prohibition permanent, so Visalia may not require owner-occupancy on any ADU permitted on or after January 1, 2020. Junior ADUs (JADUs) still require owner-occupancy of either the primary unit or the JADU under Gov. Code §65852.22.
Visalia's VMC Chapter 17.32 Article 2 follows state law. AB 587 (2019) suspended owner-occupancy requirements on ADUs for a five-year window, and AB 976 (effective January 1, 2024) removed the sunset and made the prohibition permanent — meaning Visalia may not require the property owner to live on-site for any ADU built or permitted on or after January 1, 2020. JADUs are a separate category under Gov. Code §65852.22: capped at 500 sf, located within the walls of an existing or proposed single-family dwelling, and they still require owner-occupancy of either the primary dwelling or the JADU itself. A deed restriction recorded against the property memorializes the JADU owner-occupancy requirement and runs with the land. ADUs permitted before January 1, 2020 may have a Visalia-recorded owner-occupancy deed restriction that remains enforceable until formally rescinded. The City does not require annual affidavits or proof of occupancy for ADUs permitted after the AB 587 effective date.
Attempting to enforce owner-occupancy on a post-2020 ADU is a violation of state law and unenforceable in Visalia. JADU owner-occupancy violations are addressed through Code Enforcement under VMC Title 1 and may result in administrative citations and required removal of the JADU's separate kitchen facilities, reverting the structure to a single-family configuration.
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See how Visalia's adu owner occupancy rules stack up against other locations.
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