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

Subsection F.7 of § 17.405.060 splits owner occupancy by unit type in the City of San Jacinto. Under F.7.a, ADUs are not subject to an owner-occupancy requirement, so the owner of a lot with an ADU can live elsewhere and rent both the house and the ADU, subject to the 30-day minimum rental term in Subsection F.4.

JADUs are different. Under F.7.b, the Code says that as required by state law, 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 the JADU, as the person's legal domicile and permanent residence. The requirement does not apply in two situations: the JADU has separate sanitation facilities, meaning it does not share sanitation facilities with the existing primary dwelling unit structure, or the property is entirely owned by another governmental agency, land trust, or housing organization.

The exception for separate sanitation ties into the JADU definition in Subsection C.5. A JADU is no more than 500 square feet of interior livable space, is contained entirely within an existing or proposed single-family structure, and includes an efficiency kitchen. It either includes its own separate sanitation facilities or shares them with the single-family structure. If it has no separate bathroom, it must have an interior entrance to the main living area plus an exterior entrance separate from the main entrance of the primary dwelling. A JADU can only be created on a lot zoned for single-family residences.

Before the certificate of occupancy for a JADU is issued, a deed restriction must be recorded in the County Recorder's office with a copy filed with the Director. It runs with the land, bars separate sale of the JADU, and binds future owners. The City can enforce it by legal action, including an injunction or abatement of the illegal unit.