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Rialto, CA Accessory Structures: ADU Owner Occupancy (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Rialto Municipal Code Section 18.10.070(H) states owner occupancy is not required of either the primary unit or the accessory dwelling unit, so an investor-owned property can add an ADU without anyone living on site. The only occupancy rule in the section applies to junior accessory dwelling units, which do require an owner to occupy either the main house or the JADU.
Can I rent out both the house and the ADU in Rialto?
Yes, subject to the rental term floor in Section 18.10.070(H): any rental of the accessory dwelling unit must run longer than thirty days. Nothing in the section restricts renting the primary dwelling separately, so an owner can lease both units as long as each tenancy exceeds the thirty-day minimum and the ADU is not sold apart from the primary lot.
What's different about junior ADUs?
A junior accessory dwelling unit is a unit of five hundred square feet or less built inside an existing single-family home, as defined by Government Code Section 65852.22 and referenced in RMC 18.10.070(B)(1)(c). Unlike a standard ADU, Section 18.10.070(H) requires owner occupancy of either the primary residence or the JADU itself, making JADUs the only accessory unit type in Rialto with an occupancy mandate.

Sources & Official References

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