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🏗️ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: Lodi vs Stockton

How do adu owner occupancy rules compare between Lodi, CA and Stockton, CA?

Lodi, CA

San Joaquin County

No data available yet for Lodi.

Stockton, CA

San Joaquin County

Few Restrictions

Stockton does not require owner-occupancy for ADUs, consistent with Cal. Gov. Code §65852.2(a)(8) as amended by AB 587 (2019) and AB 976 (2023). The prohibition on owner-occupancy requirements applies indefinitely to ADUs permitted on or before January 1, 2025 and prospectively under AB 976. JADUs, however, continue to require owner-occupancy under Cal. Gov. Code §65852.22(a)(2): the owner must reside in either the primary dwelling or the JADU and a deed restriction must be recorded with San Joaquin County.

View full Stockton rules →

Key Facts Comparison

FactLodiStockton
ADU Owner-Occupancy-Not required (Cal. Gov. Code §65852.2(a)(8))
JADU Owner-Occupancy-Required (Cal. Gov. Code §65852.22(a)(2))
Deed Restriction (JADU)-Recorded with San Joaquin County
Stockton Implementation-SMC §16.80.310
Source of Prohibition-AB 587 (2019), AB 976 (2023)

Highlighted rows indicate differences between cities.

Lodi FAQ

No FAQs available.

Stockton FAQ

Do I have to live in my Stockton property to build an ADU?

No. Cal. Gov. Code §65852.2(a)(8), as amended by AB 587 and AB 976, prohibits Stockton from requiring owner-occupancy as a condition of an ADU permit. You may rent both the main house and the ADU.

Is owner-occupancy required for a JADU in Stockton?

Yes. Cal. Gov. Code §65852.22 requires the property owner to live in either the main house or the JADU as their principal residence. Stockton requires a deed restriction recording both the owner-occupancy obligation and the prohibition on separate sale of the JADU, recorded with San Joaquin County before a certificate of occupancy is issued.

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