ADU Owner Occupancy: Carlsbad vs San Diego
How do adu owner occupancy rules compare between Carlsbad, CA and San Diego, CA?
Carlsbad and San Diego 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 →San Diego, CA
San Diego County
San Diego does NOT require owner occupancy for ADUs built between January 1, 2020 and December 31, 2024 under California Government Code § 65852.2(a)(6). For ADUs permitted in 2025 and later, AB 976 (extending the moratorium) and AB 1033 (allowing condo conversion) keep most owner-occupancy bans in place. Junior ADUs (JADUs) still require owner occupancy on the property per SDMC § 141.0302(c).
View full San Diego rules →Key Facts Comparison
| Fact | Carlsbad | San Diego |
|---|---|---|
| Standard ADU | No owner-occupancy required (state preempts) | No owner-occupancy required (state law) |
| 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 (SDMC § 141.0302(c)) |
| State Law | - | Gov. Code § 65852.2(a)(6); AB 976 |
| Condo Conversion | - | Not adopted by San Diego (AB 1033) |
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.
San Diego FAQ
Does San Diego require owner occupancy for ADUs?
No, not for standard ADUs. California state law (Gov. Code § 65852.2(a)(6) and AB 976) prohibits owner-occupancy requirements. Both the main house and ADU can be rented to non-owners.
What about junior ADUs (JADUs) in San Diego?
JADUs still require owner occupancy of either the principal dwelling or the JADU, enforced by recorded deed restriction. This is because JADUs share walls and utilities with the main house.
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