Monterey Park, CA Accessory Structures: ADU Owner Occupancy (2026)

Monterey Park's Chapter 21.50, enacted by Ordinance 2261 in April 2025, ties owner-occupancy specifically to JADUs rather than to full ADUs. Section 21.50.020(A)(2) requires the covenant recorded before a final certificate of occupancy to state that the JADU may not be sold separately from the primary parcel, that it carries the size and attribute restrictions the code otherwise imposes on JADUs, and that the property owner must occupy either the single-family residence in which the JADU sits or the newly created JADU. The chapter carves out one exception: the occupancy requirement does not apply when the property owner is itself a government agency, land trust, or housing organization.

Section 21.50.020(B) requires the City Attorney to approve the wording of that covenant before it is recorded with the County Recorder, and Section 21.50.010 supplies the underlying definition of "primary dwelling" used to identify which structure the owner-occupancy requirement attaches to when a lot has more than one residential building. Because the chapter singles out JADUs for this covenant and is silent on any parallel owner-occupancy duty for a standalone ADU, the requirement in Monterey Park runs only to the smaller, kitchen-sharing JADU category, not to a detached or larger attached ADU built on the same lot.