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

California state law preempts local owner-occupancy rules for standard ADUs. Government Code 65852.2(a)(8), as amended by AB 587 and AB 671, prohibits Carlsbad from imposing an owner-occupancy requirement on any ADU permitted from January 1, 2020 through December 31, 2024. For ADUs permitted on or after January 1, 2025, the state allows local owner-occupancy rules, but Carlsbad's CMC 21.10.030 has NOT adopted such a requirement - so owner-occupancy remains optional for standard ADUs. Junior ADUs (JADUs - up to 500 sq ft inside the primary dwelling) carry a different rule under Government Code 65852.22(a)(2): the owner must occupy either the primary dwelling or the JADU, with a deed restriction recorded against the property. The deed restriction also prohibits short-term rentals shorter than 30 days, prohibits selling the JADU separately, and binds successors in interest. Owners must record the deed restriction with the San Diego County Recorder before final building inspection. There is no maximum number of unrelated occupants for an ADU - California Government Code 65852.2(a)(6) treats ADU occupants the same as occupants of any single-family home.