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

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

Key Facts

Rule
Owner must occupy main house or the JADU
Exempt owners
Government agency, land trust, housing org
JADU size cap
500 square feet
Enforcement
Recorded deed restriction before permit
Scope
Coastal Zone (Title 20) districts only

Summary

In Monterey County's Coastal Zone, an owner who builds a junior accessory dwelling unit must live in either the remaining part of the main house or in the JADU itself, unless the owner is a government agency, land trust or housing organization, per the coastal ADU/JADU zoning regulations.

These county ordinances apply to unincorporated areas of Monterey County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

10.The owner must reside in either the remaining portion of the structure or the newly created JADU, unless the owner is another 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: Code of Ordinances: Supplement 56).

Full Breakdown

030(F)(1)), limits it to 500 square feet (§(F)(4)), and requires no additional off-street parking (§(F)(5)). 030(F)(10): the property owner must reside in either the remaining portion of the main structure or the newly created JADU itself. The requirement is waived only if the owner is a governmental agency, land trust, or housing organization rather than an individual. 030(F)(9) separately requires the owner to record a deed restriction running with the land that bars selling the JADU apart from the single-family residence and locks in the size and attribute limits of this Section, so the owner-occupancy expectation is backed by a recorded document a title search will surface, not just an unrecorded promise.

This owner-occupancy condition applies specifically to JADUs approved under the Title 20 Coastal Zoning Ordinance, meaning it governs construction within the county's Coastal Zone districts (all carrying the '(CZ)' designation), not the parallel Title 21 Inland Zoning Ordinance that covers the rest of unincorporated Monterey County.

Violations & Fines

Renting or occupying a coastal-zone JADU while the owner moves out of both the main dwelling and the JADU violates the owner-occupancy condition of §20.64.030(F)(10) and the recorded deed restriction required by §20.64.030(F)(9); the county can enforce the deed restriction against the owner or a future purchaser who takes title subject to it.

Frequently Asked Questions

Can I build a JADU on my coastal-zone property and rent out both units?
No. Section 20.64.030(F)(10) requires the owner to live in either the remaining part of the main house or the JADU; renting out both simultaneously without the owner residing in one breaches this owner-occupancy condition of the Coastal Zoning Ordinance.
Does the owner-occupancy rule ever not apply?
Yes. It is waived when the owner is a governmental agency, land trust, or housing organization rather than an individual homeowner, per the express exception written into §20.64.030(F)(10).
How does the county make sure the owner-occupancy promise sticks after a sale?
Before a JADU building permit issues, §20.64.030(F)(9) requires the owner to record a deed restriction running with the land, so the size, attribute and no-separate-sale limits bind future purchasers, not just the original applicant.

Sources & Official References

Other rules in Monterey County

All Monterey County rules

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