Under California AB 587 (codified at Gov. Code §65852.2(a)(6)) and AB 976 (2023), Santa Ana cannot impose owner-occupancy requirements on ADUs permitted on or after January 1, 2020. AB 976 made the prohibition permanent. Junior ADUs (JADUs) still require owner-occupancy of either the primary unit or the JADU under Gov. Code §65852.22 and SAMC §41-194.
Santa Ana's SAMC 41-194 follows state law. AB 587 (2019) suspended owner-occupancy on ADUs for a five-year window, and AB 976 (effective January 1, 2024) removed the sunset and made the prohibition permanent — meaning Santa Ana may not require the property owner to live on-site for any ADU permitted on or after January 1, 2020. JADUs are a separate category: capped at 500 sf, located within an existing or proposed single-family dwelling or attached garage, and they still require owner-occupancy of either the primary dwelling or the JADU itself per Gov. Code §65852.22. Santa Ana records a deed restriction at the time of JADU permit issuance memorializing the owner-occupancy requirement. ADUs permitted before January 1, 2020 may have a recorded owner-occupancy deed restriction that remains enforceable until released. The city does not require annual affidavits or proof of occupancy for ADUs and does not conduct routine owner-occupancy audits.
Attempting to enforce owner-occupancy on a post-2020 ADU is a violation of state law and unenforceable. JADU owner-occupancy violations are addressed through Code Enforcement under SAMC Chapter 8 and may result in citations and removal of the JADU's separate kitchen facilities.
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