ADU Owner Occupancy: Chino vs Fontana
How do adu owner occupancy rules compare between Chino, CA and Fontana, CA?
Fontana has fewer restrictions than Chino.
Chino, CA
San Bernardino County
For ADUs permitted from Jan 1, 2020 through Dec 31, 2024, Cal. Gov. Code §65852.2(a)(6) prohibited cities including Chino from imposing owner-occupancy requirements. As of Jan 1, 2025, cities may again require owner occupancy on new ADU permits but Chino's CMC Chapter 20.11 follows state defaults. JADUs ALWAYS require owner occupancy of either the primary residence or the JADU under Cal. Gov. Code §65852.22(a)(2).
View full Chino rules →Fontana, CA
San Bernardino County
Fontana 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) still require owner occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22 because they share walls and utilities.
View full Fontana rules →Key Facts Comparison
| Fact | Chino | Fontana |
|---|---|---|
| ADU owner-occupancy (2020-2024) | Prohibited - permanently exempt | - |
| ADU owner-occupancy (2025+) | Allowed if locally adopted | - |
| JADU owner-occupancy | Always required (Gov. Code §65852.22(a)(2)) | - |
| JADU recordation | Deed restriction required at permit | - |
| Exceptions | Government, land trust, nonprofit owners | - |
| 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) |
Highlighted rows indicate differences between cities.
Chino FAQ
Do I have to live on the property to have an ADU in Chino?
For ADUs permitted Jan 2020 - Dec 2024, no - state law (Gov. Code §65852.2(a)(6)) banned owner-occupancy conditions. Verify current Chino rules with Planning at 909-334-3253.
Do I have to live on the property to have a JADU?
Yes. Cal. Gov. Code §65852.22(a)(2) requires the owner to occupy either the primary residence or the JADU as a principal residence, with limited exceptions.
Is there a deed restriction for JADUs?
Yes. State law requires a deed restriction recorded at JADU permit issuance memorializing the owner-occupancy requirement and prohibition on short-term rental.
Fontana FAQ
Does Fontana 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 for 30+ day terms.
What about JADUs?
JADUs still require owner occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22. A deed restriction enforcing the requirement is recorded against title at permit issuance and runs with the land.
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