Menifee follows the state-mandated split: ADUs do NOT require owner-occupancy of the primary dwelling, but Junior ADUs (JADUs) DO. §9.295.020.E.4.j requires the owner of a single-family property with a JADU to record a covenant stating that either the remaining portion of the primary dwelling or the JADU itself will be occupied by the property owner. Owner-occupancy is waived if the owner is a governmental agency, land trust, or housing organization. ADUs permitted between January 1, 2020 and January 1, 2025 are statutorily owner-occupancy-free under Cal. Gov. Code §65852.2(a)(7).
§9.295.020.E.4.j mirrors Cal. Gov. Code §65852.22(a)(2): a recorded covenant binds the owner to occupy either the primary residence or the JADU. Government agency/land-trust/housing-org owners are exempt. §9.295.020.E.4.k requires a recorded deed restriction running with the land that (1) prohibits separate sale of the JADU and (2) restricts size and attributes. For ADUs, §9.295.020.C.1's ministerial framework and the absence of any owner-occupancy clause in §9.295.020.E.1–E.3 confirm Menifee imposes no owner-occupancy requirement on ADUs, tracking the statewide moratorium in Gov. Code §65852.2(a)(7).
JADU owner-occupancy violations breach the recorded covenant/deed restriction and are enforceable as code violations under Menifee Municipal Code Title 1. The City may seek recordation of a notice of violation and abatement.
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Menifee, CA
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Menifee, CA
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Menifee, CA
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