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Long Beach, CA Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No: the code lets the owner live in either the primary house or the accessory dwelling unit, not specifically the ADU. Owner-occupancy is only waived entirely if both the primary dwelling and the ADU are rented to the same tenant under a lease that bars that tenant from subletting or re-renting either unit to someone else.
What happens if I stop living on the property after building an ADU?
You risk removal of the ADU. Section 21.51.276.E.1.e lets the City require the accessory dwelling unit be torn down at your expense if you violate the occupancy condition or the property stops being used as a single-family home, and the deed restriction recorded under subsection (f) makes that condition binding on future owners too.
Can I sell the ADU separately from the house?
No. Subsection (b) of § 21.51.276.E.1 states the accessory dwelling unit shall not be sold separately from the primary dwelling: the two remain one parcel and one deed, even though a separate rental is allowed under the rental-term rule in subsection (d).

Sources & Official References

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