San Diego County, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Applies to
- JADUs, not standalone ADUs
- Core rule
- Owner occupies house or JADU
- Mechanism
- Recorded deed restriction
- Exception
- Land trust/housing nonprofit ownership
- Penalty
- Legal action, JADU right revoked
Summary
In unincorporated San Diego County, a junior accessory dwelling unit stays legal only while the owner of record lives in either the primary home or the JADU, per a recorded deed restriction.
The JADU shall be considered legal only so long as either the primary residence, or the ADU, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing;
iv. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.
b. The JADU must be completely contained within an existing or proposed primary residence and its enclosed spaces which may include an attached garage.
c. An entrance to the JADU that is separate from the main entrance to the primary residence is required.
d. The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
e. In instances where the JADU shares a bathroom with the primary residence, interior entry to the primary residence is required.
f. The JADU shall include an efficiency kitchen, which shall include all the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit
g. If a JADU is to be attached to an ADU, ministerial review is unavailable.
h. When an existing garage, carport, or covered parking space is being
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-141: Administrative: Current through Ord. No. 11007 (N.S.), effective 7-10-26 | Regulatory: Current through Ord. No. 11008 (N.S.), effective 7-24-26).
Full Breakdown
The county requires a recorded deed restriction before ministerial approval of any JADU. It bars separate sale from the primary residence, caps size to development standards, and ties legality to owner-occupancy: either the main house or the JADU must be occupied by the property's owner of record, unless the home belongs to a land trust or housing organization pursuing affordable housing. Standalone ADUs carry no such owner-occupancy condition.
Violations & Fines
Noncompliance can trigger legal action against the property owner and revocation of the right to maintain the JADU on the property.
Frequently Asked Questions
Can I rent out both my house and JADU and live elsewhere?
Does this owner-occupancy rule apply to a regular detached ADU too?
Sources & Official References
Other rules in San Diego County
California rules heatmap·Compare San Diego County to another location·View the California accessory structures overview
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