San Diego does NOT require owner occupancy for ADUs built between January 1, 2020 and December 31, 2024 under California Government Code § 65852.2(a)(6). For ADUs permitted in 2025 and later, AB 976 (extending the moratorium) and AB 1033 (allowing condo conversion) keep most owner-occupancy bans in place. Junior ADUs (JADUs) still require owner occupancy on the property per SDMC § 141.0302(c).
California Government Code § 65852.2(a)(6) prohibited local agencies from imposing owner-occupancy requirements on ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (2023) made this prohibition permanent for ADUs going forward, meaning San Diego cannot require the owner to live in either the main house or the ADU. Both units may be rented to non-owner tenants. This was a major change from pre-2020 San Diego rules under SDMC Chapter 14 which had required owner occupancy. Junior ADUs (JADUs), which are up to 500 sq ft conversions of space within the principal dwelling, are an exception: SDMC § 141.0302(c) and state law continue to require the owner to occupy either the principal dwelling or the JADU because JADUs share a wall and utility system with the main house. JADU owner-occupancy is enforced through a recorded deed restriction. AB 1033 (2023) further allows ADUs to be sold separately as condos in jurisdictions that opt in; San Diego has not adopted condo conversion as of 2025.
No owner-occupancy enforcement for standard ADUs (state law preempts). JADU owner-occupancy violations can result in revocation of the certificate of occupancy and code enforcement under SDMC Ch. 12. Misrepresenting JADU occupancy is a misdemeanor.
San Diego, CA
San Diego allows backyard recreational fires under San Diego Fire Code Section 511.0307 (adopting 2022 California Fire Code Section 307) when the fire is no ...
San Diego, CA
San Diego enforces 2022 California Residential Code Section R314 and California Health and Safety Code Sections 13113.7 and 13114 through the San Diego Build...
San Diego, CA
San Diego has no city ordinance regulating residential lawn ornaments, statuary, or religious displays on private property. California Civil Code § 4710 limi...
San Diego, CA
San Diego has no city ordinance specifically regulating residential inflatable holiday displays. Inflatables are permitted on private property subject to SDM...
San Diego, CA
San Diego has no city ordinance specifying installation dates, removal deadlines, or brightness limits for residential holiday lights. Amplified outdoor audi...
San Diego, CA
Built-in outdoor kitchens in San Diego require multiple permits through the Development Services Department: a building permit for the structure, a gas-line ...
Side-by-side rule comparisons with other cities in San Diego County.
See how other cities in San Diego County handle adu owner occupancy.
See how San Diego's adu owner occupancy rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.