Westminster, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- § 17.400.135(M)(8)(d)
- Applies to
- JADUs only, not standalone ADUs
- Max JADU size
- 500 sq ft (§ 17.400.135(M)(8)(b))
- Exempt owners
- Government agency, land trust, housing org
- Recording requirement
- Deed restriction approved by City Attorney
- Penalty
- Up to $1,000 fine / 6 months (Ch. 1.12)
Summary
Westminster does not force accessory dwelling unit owners to live on-site, but junior accessory dwelling units are different. City Code Section 17.400.135(M)(8)(d) requires every JADU owner to record a deed restriction binding the owner to reside in either the primary dwelling or the JADU, with a narrow carve-out for public agencies, land trusts, and housing organizations.
Deed restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following: ... d. A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4982734; v10 updated 2026-06-10).
Full Breakdown
8 requires the owner of any new JADU to record a deed restriction, in a form the City Attorney approves, that runs with the land. e). Notably, this owner-occupancy mandate attaches only to JADUs. , carry no equivalent occupancy condition in the Westminster code. d exception matters in practice: it does not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization, so agency-owned affordable JADU projects are not blocked by the residency condition. 3).
Violations & Fines
A JADU owner who violates the recorded deed restriction, including the owner-occupancy condition, is subject to Westminster's general penalty scheme under Chapter 1.12. Section 1.12.010 makes code violations a misdemeanor punishable by a fine up to $1,000, imprisonment up to six months, or both, unless prosecuted as an infraction carrying escalating fines of $100, $200, and $500 for repeat violations within a year. The city attorney may also seek civil abatement, and each day a violation continues counts as a separate offense.
Frequently Asked Questions
Do I have to live in my Westminster ADU?
What does the JADU deed restriction require?
Is there an exception to the JADU owner-occupancy rule?
What happens if a JADU owner violates the deed restriction?
Sources & Official References
Other rules in Westminster
California rules heatmap·Compare Westminster to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Orange County handle adu owner occupancy.