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Los Banos, 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
required, outside 2020-2025 exemption
JADU owner-occupancy
required unless entity-owned
JADU exempt owners
gov't agency, land trust, housing org
Who must reside
titleholder, in main house or unit
Enforcement
recorded deed restriction

Summary

Los Banos does not require an owner to live on site for a standalone ADU permitted between January 1, 2020 and January 1, 2025, but § 9-3.3006(c) otherwise requires the property owner to occupy either the main house or the accessory unit as a legal domicile, and junior ADUs carry the same rule outside a narrow nonprofit exception.

Owner-Occupancy. (1) Accessory Dwelling Unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. (2) Junior Accessory Dwelling Unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any junior accessory dwelling unit owned by a 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 4356507; v3 updated 2025-03-05).

Full Breakdown

3006(c) splits owner-occupancy into two tracks. For a full accessory dwelling unit, paragraph (1) requires a natural person holding legal or equitable title to the lot to reside in either the principal dwelling or the ADU as their legal domicile and permanent residence, meaning corporate or absentee ownership without an on-site resident owner does not qualify. That requirement is suspended, however, for any ADU permitted between January 1, 2020 and January 1, 2025, tracking the state-law window during which local owner-occupancy mandates were paused; ADUs approved outside those dates are subject to the full owner-occupancy rule.

For junior accessory dwelling units, paragraph (2) imposes the same live-in requirement on the titleholder, but the carve-out runs differently: a JADU owned by a governmental agency, land trust, or housing organization is exempt from owner-occupancy altogether, recognizing that those entities hold title for affordable-housing purposes rather than as a private residence. Because the JADU exemption is entity-based rather than date-based, it does not sunset the way the ADU exemption does. 3006(d), which must notify future owners of whichever owner-occupancy requirement applies to their unit.

Violations & Fines

An owner who neither occupies the primary dwelling nor the ADU as a legal domicile, outside the January 1, 2020 to January 1, 2025 exemption window, is out of compliance with § 9-3.3006(c)(1); the same applies to a JADU owner who is not a governmental agency, land trust, or housing organization under (c)(2). The recorded deed restriction under § 9-3.3006(d) makes the requirement enforceable against future owners.

Frequently Asked Questions

Do I have to live in my house if I build an ADU?
Only if your ADU was permitted outside the January 1, 2020 to January 1, 2025 window. Section 9-3.3006(c)(1) requires the titleholder to live in either the main house or the ADU as a legal domicile, except for units permitted during that exempt period.
Does the owner-occupancy rule apply to a junior ADU too?
Yes, under § 9-3.3006(c)(2), unless the junior ADU is owned by a governmental agency, land trust, or housing organization, in which case owner-occupancy is not required at all.
How does the City know my ADU meets owner-occupancy rules?
The deed restriction required before permit issuance under § 9-3.3006(d) puts the owner-occupancy requirement on the property's title, so it is enforceable against the current owner and disclosed to future buyers.

Sources & Official References

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