Santa Monica, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy required for ADU?
- No
- Owner-occupancy required for JADU?
- Yes: owner or primary unit
- Exception
- Government agency, land trust, or housing organization
- Deed restriction required for JADU?
- Yes, must be recorded
Summary
Santa Monica does not require owner-occupancy for standard ADUs, but owner-occupancy is required for Junior ADUs (JADUs): the owner must reside in either the primary dwelling or the JADU, unless the owner is a government agency, land trust, or housing organization.
K. Junior Accessory Dwelling Units. JADUs established pursuant to this Section shall be subject to the following: 1. One JADU may be established per parcel zoned for single-unit dwellings with an existing or proposed single-unit dwelling. The JADU shall be established within the walls of the existing or proposed single-unit dwelling, including, but not limited to, attached garages. 2. Except as provided in subsection (k)(2)(c) below, owner-occupancy shall be required in either: a. The single-unit dwelling in which the JADU is permitted, or b. The JADU. c. Notwithstanding the foregoing, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
Full Breakdown
Under Section 9.31.025(K), a JADU requires that the property owner occupy either the primary single-unit dwelling or the JADU itself. This requirement does not apply if the owner is a governmental agency, land trust, or housing organization. No owner-occupancy requirement applies to standard ADUs. A deed restriction recording both the prohibition on separate sale of the JADU and the owner-occupancy restriction must be recorded and runs with the land, enforceable against future purchasers.
Violations & Fines
Violation of the deed restriction or owner-occupancy requirement is enforceable against future purchasers. General zoning enforcement under SMMC Chapter 9.48 applies to non-compliance.
Frequently Asked Questions
Do I have to live on the property if I build a JADU?
Does a regular ADU require me to live on-site?
Sources & Official References
Other rules in Santa Monica
California rules heatmap·Compare Santa Monica to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Los Angeles County handle adu owner occupancy.