Chula Vista, CA Accessory Structures: ADU Owner Occupancy (2026)

California Government Code §65852.2(a)(6) initially prohibited local owner-occupancy requirements on ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (Ting, 2023) made the prohibition permanent, so Chula Vista's CVMC Title 19 ADU provisions (as updated by Ordinance 3592 in 2025) cannot require the property owner to live on-site for standard ADUs. Both the primary dwelling and the ADU may be leased to non-owner tenants long-term. JADUs are the exception under both state law (Gov. Code §65852.22) and CVMC Title 19 — because a JADU shares walls, kitchen, or utility systems with the principal dwelling, the property owner must occupy either the primary unit or the JADU, and the city requires a deed restriction memorializing this requirement at permit issuance. AB 587 (Friedman, 2019), which allowed certain qualified nonprofits to sell ADUs separately under specific affordability covenants, has narrow application. AB 1033 (2023), which permits cities to opt in to ADU condo conversion (separate sale of ADUs from the principal dwelling), has not been adopted by the Chula Vista City Council as of the date of this article; confirm current status with Development Services before relying on a separate-sale strategy.