Santa Barbara County, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Scope
- Applies only to JADUs, not full ADUs
- Requirement
- Owner must occupy JADU or main house
- Exception
- Agency, land trust, or housing org owner
- Size cap
- JADU capped at 500 square feet
- Proof filed
- Declaration of Restrictions before permit issues
Summary
Santa Barbara County requires the owner to live in either the junior accessory dwelling unit or the primary one-family home it sits inside, under LUDC Section 35.42.015.G.7. Standard, non-junior ADUs carry no such requirement under county code. The only exception applies when a governmental agency, land trust, or housing organization owns the JADU.
7.Owner-occupancy. Except as provided below in Subsection G.7.a, owner-occupancy shall be required for the junior accessory dwelling unit or the one-family dwelling in which the junior accessory dwelling unit is located.a.Owner-occupancy shall not be required if the owner of the junior accessory dwelling unit is a governmental agency, land trust, or housing organization.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 44 Update 1).
Full Breakdown
015. 3. 7 then imposes the owner-occupancy condition: the owner must live in either the JADU itself or the one-family dwelling that contains it. a applies only where the JADU is owned by a governmental agency, land trust, or housing organization, none of which are natural-person occupants. 2, which runs with the land, bars selling the JADU separately from the main house, and locks in the size and attribute limits. This owner-occupancy condition is unique to JADUs. 015 carry no owner-occupancy requirement at all, consistent with the state ADU law, Government Code Sections 66310 through 66342, that this Section implements and that bars local owner-occupancy mandates on regular ADUs statewide.
Violations & Fines
The Declaration of Restrictions required under Subsection G.2 is the enforcement mechanism: it is recorded against the property and can be enforced against future purchasers. A JADU built or rented out of compliance with the owner-occupancy condition, or without the recorded declaration, is treated as an unpermitted structure and is subject to code enforcement action, including notice of violation and fines, under the county's general Zoning Code enforcement provisions.
Frequently Asked Questions
Does Santa Barbara County require owner-occupancy for all accessory dwelling units?
Can I rent out my JADU if I move out of the property?
What paperwork proves compliance with the owner-occupancy rule?
Sources & Official References
Other rules in Santa Barbara County
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