ADU Owner Occupancy: Bostonia vs Carlsbad
How do adu owner occupancy rules compare between Bostonia, CA and Carlsbad, CA?
Bostonia, CA
San Diego County
No data available yet for Bostonia.
Carlsbad, CA
San Diego County
Under CMC 21.10.030 and California Government Code 65852.2(a)(8), Carlsbad does NOT require owner-occupancy for an ADU permitted between January 1, 2020 and December 31, 2024. Owner-occupancy is required only for Junior ADUs (JADUs) under Government Code 65852.22, with a recorded deed restriction.
View full Carlsbad rules →Key Facts Comparison
| Fact | Bostonia | Carlsbad |
|---|---|---|
| Standard ADU | - | No owner-occupancy required (state preempts) |
| JADU Rule | - | Owner must live in primary OR JADU |
| State Authority | - | Gov. Code 65852.2(a)(8); 65852.22 |
| JADU Deed Restriction | - | Required (recorded with SD County) |
| Occupancy Limit | - | Same as single-family home |
Highlighted rows indicate differences between cities.
Bostonia FAQ
No FAQs available.
Carlsbad FAQ
Does Carlsbad require me to live on-site if I build an ADU?
No, not for a standard ADU. California Government Code 65852.2(a)(8) preempts owner-occupancy rules for ADUs, and Carlsbad has not adopted such a requirement under CMC 21.10.030. The only exception is a Junior ADU - the owner must occupy either the primary house or the JADU.
Can I rent out both my Carlsbad house and my ADU?
Yes for a standard ADU - state law allows you to rent out both the primary dwelling and the ADU as long as each is rented for 30 days or longer. For a JADU, the deed restriction requires you to live in either the primary house or the JADU.
Do I have to record a deed restriction for my Carlsbad ADU?
Only for a JADU under Government Code 65852.22 and CMC 21.10.030. The JADU deed restriction (owner occupancy, no short-term rental, no separate sale) must be recorded with the San Diego County Recorder before the Certificate of Occupancy issues. Standard ADUs only need a deed restriction against short-term rentals.
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