San Bernardino County, CA Accessory Structures: ADU Owner Occupancy (2026)

Section 84.36.060(b), adopted by Ordinance 4504 in 2026, splits owner-occupancy treatment by unit type. An accessory dwelling unit, whether attached, detached or a conversion, carries no owner-occupancy requirement at all, so an owner may rent out the primary home, the ADU, or both without living on site. A junior accessory dwelling unit is different: because a JADU is built inside the existing walls of a single-family residence rather than as a separate structure, the Code requires the owner to occupy either the remaining portion of the primary residence or the new JADU itself.

That JADU occupancy rule has two exceptions: it does not apply if the JADU has its own separate sanitation facilities, or if the owner is a government agency, land trust, or housing organization rather than an individual. Whenever a JADU is permitted, the owner must record a deed restriction with the County Recorder's Office, running with the land, that (1) prohibits selling the JADU separately from the primary dwelling and states the restriction is enforceable against future purchasers, and (2) locks in the JADU's size and attributes to what the Chapter allows.

Section 84.36.060(c) separately bars the sale or conveyance of any ADU, standalone or junior, apart from the primary dwelling, except as authorized under Government Code § 66431. Rental terms are addressed in the same section: under subsection (a), an ADU may be rented long-term (over 30 days) anywhere in the County, and short-term (under 30 days) only in the Mountain and Desert Regions if it also complies with the STR chapter, § 84.28.