Murrieta, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- § 16.44.160.E.2
- Applies to
- Junior accessory dwelling units (JADUs)
- Standard ADU
- No owner-occupancy covenant required
- Recording location
- Riverside County Clerk's office
- Review type
- Ministerial, no public hearing
Summary
Murrieta's Development Code does not require the owner to live on-site for a standalone ADU, but a junior accessory dwelling unit only clears review if the owner records a covenant promising to occupy either the main house or the JADU, per Section 16.44.160.E.2.
2. Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 66315. For a JADU, a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-23: A Codification of the General Ordinances of the City of Murrieta, California through Ord. 634-26, passed 7-7-2026).
Full Breakdown
E sets the site requirements an ADU or JADU application must meet, and subsection 2 ties occupancy to state law while adding a local recording step. It requires occupancy requirements for an ADU and JADU to follow Government Code Section 66315, and for a junior accessory dwelling unit specifically, it requires a covenant to be recorded in the Riverside County clerk's office against the parcel's title declaring that the property owner must occupy either the primary residence or the JADU. 160 is satisfied. 1 allows a single-family parcel to add one ADU and one JADU together, and the occupancy condition attaches specifically to the JADU half of that combination.
Because the covenant runs with the land and is recorded against title, it survives a sale of the property, meaning any future owner is bound the same way, and a JADU used without a resident owner in the main house or the JADU itself would put the property out of compliance with its recorded covenant, exposing the parcel to the covenant's enforcement independent of any building or zoning citation.
Violations & Fines
Because the owner-occupancy condition is enforced through a recorded covenant against title rather than a standalone criminal penalty section, the practical remedy is a city determination that the JADU no longer complies with Section 16.44.160, which can trigger code enforcement action; separately, any general violation of a Development Code requirement is prosecutable under the citywide penalty chapter, Section 1.08.050, as an infraction escalating from $100 to $500 for repeat offenses within a year, or as a misdemeanor with up to a $1,000 fine and six months in jail for repeated or serious violations.
Frequently Asked Questions
Do I have to live on the property if I build a standalone ADU in Murrieta?
What has to be recorded before I can build a JADU?
Does the JADU occupancy covenant transfer if I sell the house?
Will my ADU application get a public hearing in Murrieta?
Sources & Official References
Other rules in Murrieta
California rules heatmap·Compare Murrieta to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Riverside County handle adu owner occupancy.