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Yorba Linda, CA Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy requirement
Owner must live in home or ADU
Duration
Perpetual, runs with the land
Recording required
Before final building permit
State-law exemption window
Jan 1, 2020 to Jan 1, 2025 permits
If owner is absent
24/7 local contact person required

Summary

In the City of Yorba Linda, whoever owns a property with an accessory dwelling unit must live in either the main house or the ADU as their principal residence, recorded as a covenant that runs with the land. State law suspended that requirement only for ADUs permitted between January 1, 2020 and January 1, 2025.

H. Owner Occupancy Required. The owner of the property on which the accessory dwelling unit is located shall reside in either of the dwelling units on the property as the principal residence as long as the condition of the accessory dwelling unit remains on the property. This is a perpetual requirement that runs with the land, and a restrictive covenant establishing this requirement shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the accessory dwelling unit. However, this owner-occupancy provision shall not be required for an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, per State law.

Full Breakdown

Yorba Linda Municipal Code § 18.20.850.H, Owner Occupancy Required, makes owner-occupancy a perpetual condition attached to the property, not just a one-time approval condition. Before the City issues a final building permit for the ADU, the owner must record a restrictive covenant establishing the requirement and present proof of recordation to the Community Development Director. The covenant runs with the land, meaning it binds future owners of the property, not just the applicant who built the unit. The code carves out a temporary State-law exception: an ADU permitted between January 1, 2020, and January 1, 2025, is exempt from the owner-occupancy condition, reflecting the state moratorium on local owner-occupancy mandates that applied during that window.

Outside that window, if the property owner does not live in either the principal residence or the ADU, subsection H requires the owner to give the City the name of a local contact person available 24 hours a day, seven days a week, who can respond to and remedy any Municipal Code violations connected to the property. Junior accessory dwelling units carry a parallel, non-expiring owner-occupancy rule at § 18.20.860.B and .G.3, which similarly requires the property owner to reside in one of the dwelling units on the property, recorded the same way at final permit stage under § 18.20.860.G.

Violations & Fines

Failing to maintain owner-occupancy where the covenant applies, or refusing to record the required covenant before final permit issuance, is a Municipal Code violation under § 18.20.850.H, enforced by the Community Development Director and subject to the citywide general penalty at § 1.12.010: up to a $1,000 fine and six months in jail as a misdemeanor, or infraction fines of $100 for a first offense and $200 for a second within 12 months.

Frequently Asked Questions

Must I live on-site if I build an ADU in Yorba Linda?
Generally yes. Section 18.20.850.H requires the property owner to reside in either the primary dwelling or the ADU as a perpetual condition recorded against the property, unless the ADU was permitted between January 1, 2020 and January 1, 2025 under the State-law exemption.
What if the ADU owner doesn't live on the property?
Section 18.20.850.H requires the owner to give the City the name of a local contact person available 24 hours a day, seven days a week, who can address any Municipal Code violations connected to the Yorba Linda property in the owner's absence.

Sources & Official References

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