Hesperia, CA Accessory Structures: ADU Owner Occupancy (2026)

Hesperia Municipal Code 16.12.360(D)(5) historically required the primary dwelling or ADU to be owner-occupied, but that requirement is suspended for permits issued between January 1, 2020 and January 1, 2025 under California Gov. Code 66314(a)(7) (formerly Gov. Code 65852.2(a)(7)). SB 477 made the prohibition on owner-occupancy requirements for standard ADUs permanent beyond 2025. As a result, Hesperia cannot enforce HMC 16.12.360(D)(5) against standard ADUs - owners may rent both the main house and the ADU separately to different tenants on long-term leases. Junior ADUs are different: California Gov. Code 66333(a)(1) and Hesperia's JADU article require the property owner to reside in either the main single-family dwelling or the JADU, and the owner-occupancy obligation must be recorded as a deed restriction against the property prior to JADU permit issuance. Hesperia must process JADU applications consistent with the state-mandated owner-occupancy structure. The owner-occupancy requirement for JADUs is waived only when the property is owned by a governmental agency, land trust, or housing organization.