Aliso Viejo, CA Accessory Structures: ADU Owner Occupancy (2026)

Subsection (H)(7) of § 15.14.080 states that JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as the person's legal domicile and permanent residence. The code applies this to the JADU, a unit of no more than 500 square feet that sits entirely within an existing or proposed single-family structure, including an attached garage.

Two exceptions are printed. The requirement does not apply when the JADU has separate sanitation facilities, meaning it does not share sanitation facilities with the existing primary dwelling unit structure. It also does not apply when the property is entirely owned by another governmental agency, land trust or housing organization.

Because a JADU can only be created on a lot zoned for single-family residences under subsection (H)(1)(c), the owner-occupancy rule is tied to single-family lots in the City of Aliso Viejo. Before a certificate of occupancy for a JADU is issued, a deed restriction must be recorded against the title in the county recorder's office, with a copy filed with the director. The restriction runs with the land, binds all future owners, bars separate sale of the JADU and restricts the unit to its approved size and attributes.

An owner who later removes the JADU can ask the director in writing to release the restriction, with evidence the unit was eliminated, for example by removal of the kitchen facilities. The director decides whether the evidence supports the claim, and the owner can appeal consistent with other provisions of the code.