San Clemente, CA Accessory Structures: ADU Owner Occupancy (2026)

San Clemente handles owner-occupancy in Municipal Code § 17.28.270(G)(3), part of the subsection titled "Additional requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units." The rule is narrow. It states that, as required by applicable law, JADUs that share sanitation facilities with a single-family dwelling are subject to an owner-occupancy requirement, and that if the JADU has its own bathroom, the property owner is not required to reside on the property. The section prints no comparable residency condition for a full accessory dwelling unit, so the owner-occupancy question in San Clemente turns on the JADU's bathroom, not on the owner's other property rights.

A JADU is the smaller of the two unit types. Under § 17.28.270(E)(4)(d) it is capped at 500 square feet of interior livable space. Under (D)(6) it must be attached to, or within the space of, a proposed or existing single-family dwelling, it must have independent exterior access, and it may provide interior access to the main house. One JADU is allowed on a lot with a single-family dwelling, and it can be built in addition to an ADU on the same lot. A JADU is not permitted on a lot with a multi-family dwelling. No additional parking is required for a JADU under (E)(9)(c)(i).

The deed restriction in § 17.28.270(G)(4) is how the City backs the rule up. Before a building permit is issued for a JADU, the owner must record a deed restriction against the title at the County Recorder's Office and file a copy with the Planning Division. The City supplies the form. It runs with the land and binds all future owners, bars selling the JADU separately from the primary dwelling except as California Government Code Section 65852.26 allows, and holds the unit to its approved size and other attributes. An owner can remove the restriction only by eliminating the JADU, for example by removing the kitchen facilities, through a written request to the Planning Division with evidence of removal. The Planning Division decides whether the evidence supports the claim, and appeal may be taken from that determination under other provisions of the code.

Two other subsection G rules apply to every ADU and JADU: no unit may be sold or otherwise conveyed separately from the lot and principal dwelling, except as allowed under Government Code section 66341, and no unit may be rented for periods of 30 days or less.