Visalia, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Applies to
- Junior ADUs (JADUs) only, not full ADUs
- Owner occupancy period
- Minimum 3 years
- Owner can reside in
- Primary dwelling or the JADU
- Deed restriction filed with
- Tulare County Recorder's office
- Exemptions
- Governmental agencies, land trusts, housing organizations
Summary
Before getting a building permit for a junior ADU (JADU), owners must record a deed restriction requiring them to live on the property for at least three years: either in the main home or in the JADU. This restriction binds all future owners.
17.14.110 Standards applicable to junior accessory dwelling units. H. Deed Restriction. Junior accessory dwelling units shall comply with the following deed restriction requirements: 1. Deed Restriction Required. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the Tulare County Recorder's office and a copy filed with the city. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and shall provide that: ... d. The property owner shall reside on the site of the primary dwelling in which the junior accessory dwelling unit will be permitted for a minimum of three (3) years. The owner may reside in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (Ord. 2024-15 § 1 (part), 2025)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-50: Municipal Code contains Supplement, current through Ordinance 2025-15, passed 12-15-2025).
Full Breakdown
The owner occupancy requirement applies only to junior ADUs, not to full attached or detached ADUs. The deed restriction must be recorded with the Tulare County Recorder's office before the City issues a building permit. The owner may satisfy the requirement by living in either the primary dwelling or the newly created JADU. The three-year minimum runs from the date the JADU is permitted. The requirement is waived if the property owner is a governmental agency, land trust, or housing organization. If the JADU is later eliminated, the owner can request removal of the deed restriction from the City with supporting evidence.
Violations & Fines
Non-compliance with the deed restriction exposes the property owner to legal action under § 17.14.110.H.3, including an injunction enjoining use of the unit in violation of the recorded restrictions or abatement of the illegal unit.
Frequently Asked Questions
Do I need to live on my property if I build a junior ADU?
Is the owner occupancy rule the same for a regular ADU?
What happens to the deed restriction if I sell the property?
Sources & Official References
Other rules in Visalia
California rules heatmap·Compare Visalia to another location·View the California accessory structures overview
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