Santa Ana, CA Accessory Structures: ADU Rental Restrictions (2026)

, but a JADU carries a rental restriction the freestanding ADU does not. 5, 'Restrictive covenant,' requires the owner to record a covenant before the city will issue a JADU building permit: the covenant must consent that either the primary dwelling unit or the JADU itself be owner-occupied, meaning the owner cannot rent out both units to separate tenants and live off-site. The covenant runs with the land and binds every future owner, heir, successor or assign, and a copy must be filed with the planning division in addition to recording against title at the county recorder's office.

The city's standard deed-restriction form also bars selling the JADU separately from the primary dwelling and caps the unit to the size and attributes approved under Chapter 41. Enforcement sits with the executive director of the Planning and Building Agency or a designee: the covenant restriction is enforced 'for the benefit of the City of Santa Ana,' and the city may pursue 'any remedy available to it at law or equity,' explicitly including an injunction against use of the JADU in violation of the recorded restriction, or abatement of the unit as illegal. 2(H). A rental housing board division found elsewhere in the code (Sec. 5 as the operative rental-structuring rule for accessory units.