Alhambra, CA Accessory Structures: ADU Owner Occupancy (2026)

040(H) draws a clear line between the two accessory unit types the city permits. Subsection (H)(1) states flatly that there is no owner-occupancy requirement for ADUs, meaning a property owner may build a full accessory dwelling unit and rent out either the main house or the ADU to a tenant without living on site. Junior accessory dwelling units are treated differently: under (H)(2), the applicant for a JADU must be an owner-occupant of either the newly created JADU or the single-unit dwelling on the same lot, unless the owner is another governmental agency, land trust, or housing organization, which are exempt from the occupancy condition.

Once a JADU application is approved, (H)(3) requires a deed restriction recorded with the County of Los Angeles before occupancy begins. That recorded restriction binds all future owners of the parcel and must state that either the main dwelling or the JADU will be owner-occupied, that the JADU cannot be sold separately from the main house and underlying parcel, and that the JADU stays within the size and attribute limits set by Cal. Gov't Code §§ 66333 et seq. The distinction matters for anyone weighing a full ADU against a smaller, cheaper junior unit converted from existing space inside a house, since only the JADU path carries a recorded occupancy obligation running with the land.