Upland, CA Accessory Structures: ADU Owner Occupancy (2026)

050(G), part of the city's Accessory Dwelling Unit chapter (Ord. 1948, 1975, 1979, and 1993), draws a sharp line between ADUs and JADUs on who has to live on the property. 1, any ADU created on or after January 1, 2020 carries no owner-occupancy requirement at all, so an owner may rent out both the primary house and the ADU to tenants and live elsewhere. 2 because state law requires it: a natural person holding legal or equitable title must occupy the property, whether in the primary dwelling or the JADU, as that person's legal domicile and permanent residence.

The subsection carves out one exception: the owner-occupancy requirement does not apply if the property is entirely owned by another government agency, land trust, or housing organization. This status is not just paperwork. 050(H) requires a recorded deed restriction, filed with the Development Services Department before the city issues a certificate of occupancy, that runs with the land and binds every future owner, so a buyer who wants to keep a JADU rented without living on-site must first confirm no owner-occupancy covenant applies. Because the ADU exemption dates to January 1, 2020, an older owner-occupancy covenant recorded under a prior version of Upland's ADU rules may still bind pre-2020 units even though new ADUs are exempt.