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

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

Key Facts

Governing section
§ 93.23.14(E)(7)
ADU owner-occupancy
Not required
JADU owner-occupancy
Generally required, owner must reside on-site
JADU exception 1
JADU has separate sanitation facilities
JADU exception 2
Property owned by government agency, land trust, or housing org

Summary

Palm Springs Municipal Code § 93.23.14(E)(7) exempts accessory dwelling units from any owner-occupancy requirement, but junior accessory dwelling units (JADUs) are generally required to have an owner living on-site, unless the JADU has separate sanitation facilities or the property is owned by a government agency, land trust, or housing organization.

Owner Occupancy. ... ADUs are not subject to any owner-occupancy requirement. ... As required by state law, all 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 JADU, as the person's legal domicile and permanent residence. ... Exceptions. The owner-occupancy requirement in this subsection does not apply in either of the following situations: ... The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure). ... The property is entirely owned by 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: rev 4923139; v14 updated 2026-06-24).

Full Breakdown

14(E)(7) draws a sharp line between ADUs and JADUs on occupancy. Subsection a states plainly that ADUs are not subject to any owner-occupancy requirement, so an owner may build a detached or attached ADU and rent out either the ADU or the primary home without living on the property. Subsection b takes the opposite approach for JADUs: as required by state law, a natural person holding legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as that person's legal domicile and permanent residence.

i remove that JADU owner-occupancy requirement: first, where the JADU has its own separate sanitation facilities and does not share a bathroom with the primary dwelling; second, where the property is entirely owned by a governmental agency, land trust, or housing organization, which by nature cannot supply a resident owner. 8, which is recorded against title before a certificate of occupancy issues and which the director enforces against future owners, and with the JADU size limit confining JADUs to no more than 500 square feet within an existing or proposed single-family structure.

Because ADUs carry no such residency condition, an investor-owned or fully rented single-family property in Palm Springs can add a detached or attached ADU without triggering any owner-occupancy obligation, while adding a JADU instead requires either a resident owner or one of the two listed exceptions.

Violations & Fines

A JADU owner who fails to maintain owner-occupancy where required, or who violates the recorded deed restriction under subsection E.8 (including selling the JADU separately from the primary dwelling), is subject to enforcement by the director, including legal action, an injunction against the noncompliant use, or abatement of the unit. ADUs, having no owner-occupancy condition, carry no equivalent occupancy-based enforcement exposure.

Frequently Asked Questions

Do I have to live on my property if I build an ADU in Palm Springs?
No. § 93.23.14(E)(7)(a) states ADUs are not subject to any owner-occupancy requirement, so you can build one and rent out the ADU, the primary home, or both without living there yourself.
Do I have to live at my property if I build a JADU instead?
Generally yes. Subsection E.7(b) requires a person with legal or equitable title to reside on the property, in either the primary dwelling or the JADU, as their legal domicile, unless one of two exceptions in subsection b.i applies.
What exceptions exist to the Palm Springs JADU owner-occupancy rule?
The requirement drops away if the JADU has its own separate sanitation facilities not shared with the primary dwelling, or if the property is entirely owned by a governmental agency, land trust, or housing organization, per § 93.23.14(E)(7)(b)(i).

Sources & Official References

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