Rialto, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner occupancy
- Not required for standard ADUs
- JADU exception
- Owner must occupy primary home or JADU
- Minimum rental term
- Over 30 days if rented
- Governing section
- RMC 18.10.070(H)
- Approval process
- Ministerial, 60 days, no hearing
Summary
Rialto Municipal Code Sec. 18.10.070(H) does not require an owner to live in the primary house or the accessory dwelling unit. An investor can build an ADU, keep both units as rentals, and never occupy the property. The one exception is a junior accessory dwelling unit, where owner occupancy of either the primary residence or the JADU is mandatory.
Owner occupancy shall not be required of either the primary unit or the accessory dwelling unit. In the case of a junior accessory dwelling unit owner occupancy shall be required of either the primary unit or the junior accessory dwelling unit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 39).
Full Breakdown
070 governs accessory dwelling units citywide in Rialto's single-family and multi-family residential zones. Subsection H addresses occupancy directly: the accessory dwelling unit may be occupied without limitation, and if rented, the rental term must exceed thirty days, but neither the primary dwelling nor the accessory unit has to be owner-occupied. 22 as units of five hundred square feet or less built entirely within an existing single-family home: for a JADU, owner occupancy of either the primary residence or the JADU itself is required. Because standard ADUs carry no occupancy mandate, an owner can lease out the main house, the ADU, or both simultaneously, provided each tenancy runs longer than thirty days under subsection H's rental floor.
The Community Development Department processes ADU applications ministerially within sixty days under subsection D, without a public hearing, and the property must still meet the section's other standards: a four-foot minimum side and rear setback under subsection U, a sixteen-foot or one-story height cap under subsection T, and separate utility metering under subsection V unless the unit is a conversion of existing space. The absence of an owner-occupancy rule makes Rialto's ADU program workable for landlords assembling multi-unit rental portfolios on single-family lots, since the ordinance treats the ADU as an accessory use that does not count against the lot's allowable density under subsection R.
Violations & Fines
Subsection H itself imposes no occupancy penalty because none is required for standard ADUs. The enforceable trigger is the junior ADU exception: if a JADU is built but neither the primary home nor the JADU is owner-occupied, the unit falls out of compliance with Section 18.10.070(H), and the Community Development Department can treat the structure as an unpermitted accessory building subject to zoning code enforcement and potential permit revocation.
Frequently Asked Questions
Does Rialto require me to live on the property to build an ADU?
Can I rent out both the house and the ADU in Rialto?
What's different about junior ADUs?
Sources & Official References
Other rules in Rialto
California rules heatmap·Compare Rialto to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in San Bernardino County handle adu owner occupancy.