ADU Owner Occupancy: Carlsbad vs El Cajon
How do adu owner occupancy rules compare between Carlsbad, CA and El Cajon, CA?
Carlsbad and El Cajon have similar restriction levels.
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 →El Cajon, CA
San Diego County
El Cajon 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) — preempts local owner-occupancy mandates. JADUs still require owner-occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22, with a deed restriction recorded against title.
View full El Cajon rules →Key Facts Comparison
| Fact | Carlsbad | El Cajon |
|---|---|---|
| Standard ADU | No owner-occupancy required (state preempts) | No owner occupancy (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 | - |
| JADU | - | Owner occupancy required |
| State Law | - | Gov. Code §65852.2(a)(6); AB 976 |
| Deed Restriction | - | Recorded for JADUs |
| AB 1033 Condo Conversion | - | Not adopted in El Cajon |
Highlighted rows indicate differences between cities.
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.
El Cajon FAQ
Does El Cajon 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 can be rented to non-owner tenants long-term.
What about JADUs?
JADUs still require owner-occupancy of either the primary dwelling or the JADU under California Gov. Code §65852.22. El Cajon records a deed restriction at permit issuance to memorialize this requirement against title.
Compare other topics
See how Carlsbad and El Cajon compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool