Chino Hills, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Applies to
- JADUs sharing sanitation with primary dwelling
- Owner must reside in
- JADU or remaining primary dwelling
- Duration
- Perpetual, runs with the land
- Exception
- JADU with separate sanitation facilities
- Governing section
- CHMC § 16.10.140(C)
Summary
Chino Hills requires the property owner to live on-site, either in the junior accessory dwelling unit or the remaining primary home, whenever a JADU shares sanitation facilities with the main house. The requirement under § 16.10.140(C) runs with the land and does not apply once the JADU has separate sanitation or to standard accessory dwelling units generally.
C.Owner Occupancy Requirement for Junior Accessory Dwelling Units with Shared Sanitation. The owner of the property on which a junior accessory dwelling unit that shares sanitation facilities with the primary dwelling is located shall reside in either the junior accessory dwelling unit or the remaining portion of the primary dwelling unit on the property as their primary residence as long as the junior accessory dwelling unit remains on the property. This provision does not apply to a junior accessory dwelling unit that contains sanitation facilities separate from those of the primary dwelling unit. This is a perpetual requirement that runs with the land.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).
Full Breakdown
140(C) of the Chino Hills Municipal Code imposes an owner-occupancy requirement narrower than the blanket rule cities used before state law changed: it applies only to a junior accessory dwelling unit that shares sanitation facilities with the primary dwelling. In that situation, the property owner must reside in either the junior accessory dwelling unit or the remaining portion of the primary dwelling as a primary residence for as long as the shared-sanitation JADU remains on the property. The code states this is 'a perpetual requirement that runs with the land,' meaning it survives a sale of the property and binds future owners, not just the person who built the unit.
140 does not impose any owner-occupancy condition on standard accessory dwelling units, only on this specific shared-sanitation JADU scenario. 140(B), reinforcing that both unit types are meant to stay tied to owner-occupied single-family properties rather than become separately marketable housing.
Violations & Fines
A shared-sanitation JADU operated without the owner residing on the property, or after the owner moves out and stops occupying either unit, violates § 16.10.140(C) and the broader Development Code. Under § 1.36.010 and § 1.36.020, that is enforceable as a misdemeanor punishable by up to a $1,000 fine and six months in jail, or the city may issue an administrative citation under Chapter 1.18, with fines set by council resolution and appeal rights to Superior Court.
Frequently Asked Questions
Does Chino Hills require owner occupancy for all ADUs?
Can the owner live in the JADU instead of the main house?
Does the owner-occupancy requirement end if the property is sold?
Sources & Official References
Other rules in Chino Hills
California rules heatmap·Compare Chino Hills to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in San Bernardino County handle adu owner occupancy.