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Garden Grove, CA Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

ADU owner-occupancy
Not required
JADU owner-occupancy
Required for owner of record
JADU exception
Government agency, land trust, housing org
JADU rule source
Recorded deed restriction, Sec. 9.54.050(I)
If occupancy lapses
JADU becomes unhabitable, unrentable

Summary

Garden Grove does not require an owner to live on site to rent out a regular ADU. Municipal Code Section 9.54.060(C) treats ADUs and JADUs differently: owner occupancy is optional for a standalone or attached ADU, but a JADU requires the property owner to occupy either the JADU or the remaining primary home as a principal residence.

C. Owner Occupancy Requirements. 1. ADUs. Owner occupancy of a primary dwelling or ADU is not required. 2. JADUs. An owner of record of the lot upon which a JADU is located must occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence. Notwithstanding the foregoing, owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4903654; v10 updated 2026-05-12).

Full Breakdown

060(C)(1) is a single sentence: ADUs, owner occupancy of a primary dwelling or ADU is not required. That means an investor or absentee owner can build and rent out an ADU in Garden Grove without living in either unit, mirroring state ADU law. 060(C)(2): an owner of record of the lot upon which a JADU is located must occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence, with an exception if the owner is a governmental agency, land trust, or housing organization.

050(I)(3): the owner must occupy the JADU or the remaining primary residence, and if owner occupancy ever ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose. In practice, a Garden Grove homeowner who converts part of their garage into a JADU and later moves out and rents the whole property to a tenant can no longer keep the JADU as rentable living space unless they, or the new owner, personally occupy one of the two units.

Violations & Fines

Renting a JADU without the required owner occupancy, or after occupancy has lapsed, violates the recorded deed restriction under Section 9.54.050(I) and Section 9.54.060(C)(2), and is enforceable as a Municipal Code violation under the general penalty at Section 1.04.010: a misdemeanor punishable by up to a $1,000 fine, six months in jail, or both, with continuing violations charged day by day.

Frequently Asked Questions

Do I have to live in my house to rent out an ADU in Garden Grove?
No. Section 9.54.060(C)(1) states that owner occupancy of the primary dwelling or the ADU is not required, so an absentee owner may rent out a Garden Grove ADU.
Do I have to live on the property if I build a JADU?
Yes. Section 9.54.060(C)(2) requires the owner of record to occupy either the JADU or the remaining part of the primary home as a principal residence, unless the owner is a government agency, land trust, or housing organization.
What happens if I move out after building a JADU?
Under the deed restriction required by Section 9.54.050(I)(3), if owner occupancy ceases, the JADU automatically becomes unhabitable space that cannot be used as a separate dwelling or rented or leased for any purpose.

Sources & Official References

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