El Cajon cannot require owner-occupancy on standard ADUs permitted after January 1, 2020 because California Government Code §65852.2(a)(6) — made permanent by AB 976 (2023) — preempts local owner-occupancy mandates. JADUs still require owner-occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22, with a deed restriction recorded against title.
California Government Code §65852.2(a)(6) initially prohibited local owner-occupancy requirements on standard ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (Ting, 2023) made the prohibition permanent, so El Cajon's ADU provisions in ECMC Title 17 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 Gov. Code §65852.22 — 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 El Cajon requires a deed restriction memorializing this requirement at permit issuance. AB 587 (Friedman, 2019) allows certain qualified nonprofits to sell ADUs separately under narrow affordability covenants. AB 1033 (2023) permits cities to opt in to ADU condo conversion, allowing separate sale of ADUs from the principal dwelling — El Cajon City Council has not adopted an AB 1033 opt-in ordinance as of the date of this article; confirm current status with the Community Development Department before relying on any separate-sale strategy.
Standard ADU owner-occupancy is preempted — no city enforcement is permitted. JADU owner-occupancy violations can result in Certificate of Occupancy revocation, code enforcement action by the El Cajon Code Compliance Division, and breach of the recorded deed restriction. Misrepresenting JADU occupancy on permit forms is permit fraud and a misdemeanor.
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