ADU Owner Occupancy: San Jose vs Sunnyvale
How do adu owner occupancy rules compare between San Jose, CA and Sunnyvale, CA?
San Jose and Sunnyvale have similar restriction levels.
San Jose, CA
Santa Clara County
Standard ADUs permitted between January 1, 2020 and January 1, 2025 carry no owner-occupancy requirement under California Government Code Section 65852.2(a)(6) and SJMC 20.30.150. AB 976 (2023) made that prohibition on owner-occupancy mandates permanent. Owners may rent both the main house and the ADU to separate long-term tenants. Junior ADUs (JADUs) up to 500 sq ft within the primary dwelling still require the owner to live on-site in either the JADU or the main house.
View full San Jose rules →Sunnyvale, CA
Santa Clara County
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 →Key Facts Comparison
| Fact | San Jose | Sunnyvale |
|---|---|---|
| Standard ADUs | No owner-occupancy required | - |
| Authority | AB 976 (2023), Gov. Code 65852.2(a)(6) | - |
| Junior ADUs | Owner occupancy required | - |
| JADU Size Cap | 500 sq ft, inside main house | - |
| Recording | JADU deed restriction | - |
| 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.
San Jose FAQ
Can I rent both my San Jose ADU and main house as an absentee owner?
Yes, for standard ADUs. SJMC 20.30.150 and state AB 976 prohibit cities from requiring owner occupancy of standard ADUs. You can live elsewhere and lease both units to long-term tenants.
What about a JADU?
Junior ADUs (up to 500 sq ft, carved out of the main house) still require the property owner to live in either the JADU or the main dwelling. The requirement is enforced through a deed restriction recorded at permit issuance.
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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