Victorville, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy applies to
- Properties with a junior ADU (JADU)
- Which unit
- Owner must live in main house or the JADU
- Standard ADUs
- No owner-occupancy mandate under this section
- State law tie-in
- Tracks Gov. Code Sec. 65852.22 exemptions
- Sale restriction
- JADU can't be sold separate from main home
Summary
Victorville requires that whenever a property adds a junior accessory dwelling unit, the property owner must live in either the main house or the JADU itself, per Development Code Section 16-3.07.030(a)(3)(x), which tracks the same owner-occupancy condition state law imposes under Government Code Section 65852.22.
x.On properties that include a junior accessory dwelling unit, either the primary dwelling unit or junior accessory dwelling unit must be occupied by the property owner, unless not otherwise required by Section 65852.22.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 57).
Full Breakdown
22," lists the general standards that apply to every ADU and JADU built in Victorville's residential zones. " That means a homeowner who converts space inside their house into a JADU cannot rent out both the main house and the JADU to different tenants while living elsewhere; one of the two units has to be the owner's residence, mirroring the occupancy condition state law attaches specifically to JADUs (unlike standard ADUs, which California exempted from an owner-occupancy mandate in recent years). The same subsection separately allows an ADU or JADU to "be rented separate from the primary residence," but bars selling or otherwise conveying either "separate from the primary residence," except where a qualified nonprofit corporation built the unit under the applicable state exemption.
Because Victorville's rule is written to track the cross-referenced Government Code section rather than set an independent local standard, any owner-occupancy exemption available under state law, such as for a JADU created by a community land trust, carries over directly into the local requirement.
Violations & Fines
Adding a JADU without an owner occupying either the primary residence or the JADU, or selling or conveying a JADU separately from the primary residence in violation of Section 16-3.07.030(a)(3), is a Development Code violation; as with other title violations it defaults under Chapter 1.04, Section 1.04.010 to a misdemeanor under California Penal Code Section 19 or to an infraction with escalating $100 to $1,000 fines for repeat violations, and the City can also require the property to come back into compliance.
Frequently Asked Questions
Do I have to live on-site if I build a JADU in Victorville?
Does this owner-occupancy rule also apply to a regular ADU?
Can I sell my JADU separately from my house?
Sources & Official References
Other rules in Victorville
California rules heatmap·Compare Victorville to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in San Bernardino County handle adu owner occupancy.