ADU Owner Occupancy: Anaheim vs Santa Ana
How do adu owner occupancy rules compare between Anaheim, CA and Santa Ana, CA?
Anaheim and Santa Ana have similar restriction levels.
Anaheim, CA
Orange County
Anaheim cannot require owner occupancy on standard ADUs permitted after January 1, 2020 because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), prohibits local owner-occupancy mandates. Junior ADUs (JADUs) under AMC 18.38.110 still require owner occupancy of either the primary dwelling or the JADU because they share walls and utilities.
View full Anaheim rules →Santa Ana, CA
Orange County
Under California AB 587 (codified at Gov. Code §65852.2(a)(6)) and AB 976 (2023), Santa Ana cannot impose owner-occupancy requirements on ADUs permitted on or after January 1, 2020. AB 976 made the prohibition permanent. Junior ADUs (JADUs) still require owner-occupancy of either the primary unit or the JADU under Gov. Code §65852.22 and SAMC §41-194.
View full Santa Ana rules →Key Facts Comparison
| Fact | Anaheim | Santa Ana |
|---|---|---|
| Standard ADU | No owner occupancy (state preempts) | - |
| JADU | Owner occupancy required | - |
| State Law | Gov. Code §65852.2(a)(6); AB 976 | - |
| Deed Restriction | Recorded for JADUs | - |
| Condo Conversion | Not adopted (AB 1033) | - |
| ADU Owner-Occupancy | - | Prohibited by AB 976 (permanent) |
| JADU Owner-Occupancy | - | Required (Gov Code §65852.22) |
| Statute | - | CA Gov Code §65852.2(a)(6) (AB 587/AB 976) |
| Pre-2020 ADUs | - | Existing deed restrictions remain |
| Annual Affidavit | - | Not required |
| Code Section | - | SAMC §41-194 |
Highlighted rows indicate differences between cities.
Anaheim FAQ
Does Anaheim require owner occupancy for ADUs?
No, not for standard ADUs. California Gov. Code §65852.2(a)(6) and AB 976 (2023) preempt local owner-occupancy mandates. Both the primary dwelling and the ADU may be rented to non-owner tenants.
What about JADUs?
JADUs still require owner occupancy of either the primary dwelling or the JADU under AMC 18.38.110 and Gov. Code §65852.22. A deed restriction enforcing the requirement is recorded against title at permit issuance.
Santa Ana FAQ
Do I have to live on the property if I build an ADU in Santa Ana?
No. AB 976 made it permanently illegal for cities to impose owner-occupancy on ADUs permitted on or after January 1, 2020.
What about a JADU?
JADUs (under 500 sf, within an existing single-family dwelling or attached garage) still require the owner to live in either the primary dwelling or the JADU under CA Gov Code §65852.22.
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