Pacifica, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy required
- Whenever JADU has a tenant
- Exempt owners
- Government agency, land trust, housing org
- Backed by
- Recorded deed restriction
- JADU max size
- 500 square feet
- Recorded with
- San Mateo County Recorder
Summary
A Pacifica property owner who builds a junior accessory dwelling unit must live in the primary single-family home as a primary residence for as long as a tenant occupies the JADU. The rule does not apply if the owner is a government agency, land trust, or housing organization rather than an individual.
(5)The site's owner may at any time offer for rent either the single-family dwelling unit or the junior accessory dwelling unit. The site's owner shall be required to reside in the single-family dwelling unit as its primary residence at any time while the junior accessory dwelling unit is occupied by a tenant.(i)A site's owner shall not allow occupancy of a junior accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as its primary residence. Owner-occupancy shall not be required if the owner is a government agency, land trust, or housing organization.
Full Breakdown
454(a)(5) ties JADU rentals directly to owner-occupancy of the main house. The site's owner may offer either the single-family dwelling or the junior accessory dwelling unit for rent, but the owner must reside in the single-family dwelling as a primary residence for the entire time a tenant occupies the JADU. 454(a)(5)(i) reinforces this by barring the owner from allowing any tenant occupancy of the JADU, whether or not rent is paid, unless the owner maintains that primary-residence occupancy of the main house, with a narrow carve-out when the owner is a government agency, land trust, or housing organization rather than a private individual.
5. 454(a)(11) requires a certificate of occupancy following a final inspection before anyone can move in, so the owner-occupancy condition attaches from the very first day the unit is legally occupied.
Violations & Fines
Renting a JADU to a tenant while the owner does not occupy the primary dwelling as a primary residence violates the deed restriction recorded under Section 9-4.454(a)(4) and the occupancy condition in Section 9-4.454(a)(5). Because the restriction runs with the land and is filed with the City, Code Enforcement can pursue it as a zoning violation under the Municipal Code's general penalty at Section 1-2.01, punishable as a misdemeanor with up to a $1,000 fine and six months in jail, or as an infraction with escalating fines up to $500 for repeated violations.
Frequently Asked Questions
If I rent out my JADU, do I have to live in the main house?
Is there an exception to the JADU owner-occupancy rule?
How is the owner-occupancy rule actually enforced?
Can I rent both the main house and the JADU to different tenants?
Sources & Official References
Other rules in Pacifica
California rules heatmap·Compare Pacifica to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in San Mateo County handle adu owner occupancy.