Long Beach, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- LBMC § 21.51.276.E.1.a
- Enforcing department
- City of Long Beach Development Services Department
- Exception
- Same tenant leases both units, sublease barred
- Enforcement tool
- Recorded deed restriction before building permit issuance
- Penalty
- ADU removal at owner's expense
- Adopting ordinance
- ORD-21-0028 (2021)
Summary
Long Beach requires the property owner to live in either the primary dwelling or the accessory dwelling unit under Municipal Code § 21.51.276.E.1.a, unless both units are leased to the same tenant who is barred in writing from subletting either unit to anyone else. The City records a deed restriction and can force removal of the ADU at the owner's expense for violations.
The owner of the property shall reside either in the primary dwelling or the accessory dwelling unit, unless both the primary dwelling unit and the accessory dwelling unit are rented to the same tenant and such tenant is prohibited in writing by lease or other written instrument from subleasing or otherwise renting the primary dwelling unit or ADU to any other person or entity.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 52 Update 1 | City Charter: Supplement 5).
Full Breakdown
1 of the Long Beach Municipal Code, adopted by ORD-21-0028 in 2021 and amended from the 2017 and 2019 ADU ordinances, applies the owner-occupancy condition to every accessory dwelling unit created under the City's ADU program, whether a Limited ADU carved from existing floor area or a Conforming ADU built with new construction. Subsection (a) requires 'the owner of the property' to reside in either the primary dwelling or the ADU, with a single carve-out: both units may be rented out if they go to the same tenant, and that tenant is prohibited in writing, by lease or other written instrument, from subleasing or re-renting either unit to a different person or entity.
The City enforces the condition administratively: subsection (f) requires the owner or applicant to record a deed restriction, in a form the City approves, before a building permit for the ADU is even issued. That recorded restriction locks in the size and attributes of the unit and the occupancy condition itself, so a title search on any Long Beach ADU parcel shows the restriction. 276, including the occupancy condition, the City can require the ADU removed entirely, at the property owner's own expense. The same removal remedy applies if the primary single-family use of the lot ends, such as through addition of another principal dwelling unit, or if a government agency orders the structure vacated because of coastal hazards.
Violations & Fines
Violating the owner-occupancy condition breaches the recorded deed restriction under § 21.51.276.E.1.f, and subsection (e) authorizes the City to require removal of the entire accessory dwelling unit at the property owner's expense, not just a fine. Long Beach Development Services administers ADU compliance and can also apply standard zoning-code enforcement remedies under Title 21 for continuing violations, including administrative citation provisions.
Frequently Asked Questions
Does the owner have to live in the ADU itself in Long Beach?
What happens if I stop living on the property after building an ADU?
Can I sell the ADU separately from the house?
Sources & Official References
Other rules in Long Beach
California rules heatmap·Compare Long Beach to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Los Angeles County handle adu owner occupancy.