Owner-occupancy of either the primary dwelling or the ADU is required for ADUs permitted outside the Jan. 1, 2020 – Jan. 1, 2025 statutory exemption window; JADUs always require owner-occupancy.
Yuba City's published ADU requirements implement Cal. Gov. Code §65852.2(a)(6), which barred owner-occupancy requirements for ADUs permitted between January 1, 2020 and January 1, 2025. For ADUs permitted before or after that window, Yuba City requires the property owner to occupy either the primary dwelling or the ADU as their principal residence. Junior ADUs (JADUs) — interior conversions within the primary dwelling, max 500 sq ft — always require owner-occupancy under Cal. Gov. Code §65852.22(a)(2), regardless of permit date. The owner-occupancy covenant for JADUs must be recorded against the property before the certificate of occupancy issues. ADUs are not, however, permitted to be sold separately from the primary dwelling (see adu-rental-restrictions).
Breaching an owner-occupancy covenant (especially for JADUs) is enforceable as a zoning violation under Yuba City Municipal Code Title 1 with administrative citations and daily fines. A recorded covenant runs with the land; subsequent purchasers are on notice and bound. The City may also pursue revocation of the certificate of occupancy.
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