Palm Desert, CA Accessory Structures: ADU Owner Occupancy (2026)

Palm Desert Municipal Code § 25.34.030.F.7 splits owner occupancy by unit type. For ADUs, the code is short: ADUs are not subject to an owner-occupancy requirement. An owner can live elsewhere and rent both the main house and the ADU, subject to the 30-day minimum rental term in the same subsection F.

JADUs are different. The code says that, as required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as the person's legal domicile and permanent residence. A company or trust that holds title does not satisfy that wording on its own, because the rule names a natural person.

Two exceptions lift the requirement for a JADU. The first is a JADU that has separate sanitation facilities, meaning it does not share sanitation facilities with the existing primary dwelling unit structure. The second is a property entirely owned by another governmental agency, land trust, or housing organization.

The JADU definition ties into these exceptions. A JADU is no more than 500 square feet, sits entirely within a single-family structure, and either has its own separate sanitation facilities or shares them with the main house. If it has no separate bathroom, it needs an interior entrance to the main living area plus a separate exterior entrance.

Before the certificate of occupancy for a JADU, a deed restriction must be recorded with the County Recorder and a copy filed with the Director. It runs with the land and binds all future owners. The City of Palm Desert enforces it through the Director.