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πŸ—οΈ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: Mountain View vs Sunnyvale

How do adu owner occupancy rules compare between Mountain View, CA and Sunnyvale, CA?

Mountain View, CA

Santa Clara County

No data available yet for Mountain View.

Sunnyvale, CA

Santa Clara County

Few Restrictions

Under SMC Title 19 and California Government Code 65852.2(a)(8), Sunnyvale does NOT require owner-occupancy for standard ADUs. Owner-occupancy is required only for Junior ADUs (JADUs) under California Government Code 65852.22, with a deed restriction recorded against the property.

View full Sunnyvale rules β†’

Key Facts Comparison

FactMountain ViewSunnyvale
Standard ADU-No owner-occupancy required
JADU Rule-Owner must live in primary OR JADU
State Authority-Gov. Code 65852.2(a)(8); 65852.22
JADU Deed Restriction-Recorded with Santa Clara County
AB 1033 Separate Sale-Not yet adopted
Occupancy Limit-Same as single-family home

Highlighted rows indicate differences between cities.

Mountain View FAQ

No FAQs available.

Sunnyvale FAQ

Does Sunnyvale require me to live on-site if I build an ADU?

No, not for a standard ADU. California Government Code 65852.2(a)(8) preempts owner-occupancy rules, and Sunnyvale's Title 19 has not adopted such a requirement. The only exception is a Junior ADU - the owner must occupy either the primary house or the JADU under Gov. Code 65852.22.

Can I sell my Sunnyvale ADU separately from my house?

Not yet. Assembly Bill 1033 (Gov. Code 65852.2(s)) allows cities to permit separate condominium-style sale of ADUs as of 2024, but Sunnyvale has not adopted an AB 1033 implementing ordinance. Without local adoption, the ADU and primary dwelling must remain on a single deed.

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