Yorba Linda, CA Accessory Structures: ADU Owner Occupancy (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?
What if the ADU owner doesn't live on the property?
Sources & Official References
Other rules in Yorba Linda
California rules heatmap·Compare Yorba Linda to another location·View the California accessory structures overview
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How other cities in Orange County handle adu owner occupancy.