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Montebello, CA Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy threshold
At least 50% ownership must reside on-site
Where owner can live
Primary dwelling or the accessory unit
Separate sale
ADU cannot be sold apart from primary home
Applies to
R-1 and R-A zone ADUs
Appeal path
City manager, no public hearing

Summary

In the City of Montebello, an owner who holds at least fifty percent ownership of a property with an accessory dwelling unit must live in either the primary house or the accessory unit as a full-time principal residence, and Montebello Municipal Code Section 17.10.280(C)(21) bars selling the ADU separately from the main home.

21.An owner of the property upon which an accessory dwelling unit is located who has at least a fifty percent ownership of the property must utilize either the primary dwelling or the accessory dwelling as their principal place of full-time residence.22.The accessory dwelling unit shall not be owned or sold separately from the primary dwelling unit.

Full Breakdown

Montebello Municipal Code Section 17.10.280(C) lists twenty-two development standards that apply to any accessory dwelling unit built in conjunction with a single-family home in the R-1 or R-A zones. Item 21 is an owner-occupancy condition: whoever holds at least a fifty percent ownership interest in the property must use either the primary dwelling or the accessory dwelling as their principal, full-time residence. The rule targets absentee-landlord conversions, keeping at least half the ownership tied to someone who actually lives on site in one of the two units, rather than renting out both the main house and the accessory unit to different tenants while the owner lives elsewhere.

Item 22 reinforces the same owner-occupancy structure from a different angle by prohibiting the accessory dwelling unit from being owned or sold separately from the primary dwelling unit, so a property owner cannot subdivide title and create two separately marketable homes on one lot. Together the two standards sit inside the same subsection that also caps the accessory unit's size, sets its minimum ten-foot setback from the primary home, and requires matching exterior architecture, so a homeowner evaluating an ADU project in Montebello needs to satisfy the occupancy condition alongside the physical design standards, not as a separate permit step.

An application that does not comply with subsection C, including the occupancy standard, can be appealed to the city manager under subsection F, though that appeal is limited to compliance review without a public hearing.

Violations & Fines

Renting out both the primary dwelling and the accessory dwelling unit while no owner with at least fifty percent ownership resides in either one violates Montebello Municipal Code Section 17.10.280(C)(21). Selling or conveying the accessory unit separately from the primary dwelling violates subsection C(22); both are zoning code violations enforceable through code enforcement and can block issuance of a certificate of occupancy.

Frequently Asked Questions

Can I rent out my whole house and my ADU to different tenants in Montebello?
Not if you hold at least fifty percent ownership of the property. Montebello Municipal Code Section 17.10.280(C)(21) requires that an owner with that ownership share live in either the primary dwelling or the accessory dwelling as a full-time residence.
Can I sell my accessory dwelling unit as its own home in Montebello?
No. Section 17.10.280(C)(22) prohibits owning or selling an accessory dwelling unit separately from the primary dwelling unit on the same lot; the two remain tied together under one title.
Does the owner-occupancy rule apply to ADUs in every Montebello zone?
The rule in Section 17.10.280(C)(21) applies to the twenty-two standards governing accessory dwelling units built with a single-family home in the R-1 and R-A zones.

Sources & Official References

Other rules in Montebello

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