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

Owner occupancy in the City of Arcadia splits by unit type. Under § 9102.01.080(E)(7)(A), accessory dwelling units created under the section on or after January 1, 2020 are not subject to an owner-occupancy requirement. A homeowner can build a full ADU and live elsewhere, or sell the property to a buyer who does not move in.

Junior accessory dwelling units are different. Subsection (E)(7)(B) states that, as required by state law, all JADUs are 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. An LLC or corporation cannot satisfy this on its own. The requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

The city backs the JADU rule with paperwork. Before a certificate of occupancy is issued for a JADU, a deed restriction must be recorded against the title in the County Recorder's office and a copy filed with the Director. The restriction runs with the land and binds all future owners, and it uses a form provided by the city. It must state that the JADU cannot be sold separately from the primary dwelling, that the JADU is restricted to the approved size and other attributes allowed by the section, and that the restriction can be enforced against future owners.

The restriction can be removed only if the owner eliminates the JADU, for example by removing the kitchen facilities. The owner makes a written request to the Director with evidence, the Director decides whether the evidence supports the claim, and the owner can appeal that determination as with other provisions of the code. If the JADU is only partly removed, the remaining structure and improvements must still comply with the Development Code. A JADU itself is limited to 500 square feet and must sit entirely within an existing or proposed single-family structure.