ADU Owner Occupancy: Chino vs Hesperia
How do adu owner occupancy rules compare between Chino, CA and Hesperia, CA?
Hesperia 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 →Hesperia, CA
San Bernardino County
Per California Gov. Code 66314(a)(7) (made permanent by SB 477), standard ADUs in Hesperia carry no owner-occupancy requirement. JADUs under HMC Article 16.16 and Cal. Gov. Code 66333 still require the owner to live in either the main dwelling or the JADU.
View full Hesperia rules →Key Facts Comparison
| Fact | Chino | Hesperia |
|---|---|---|
| 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 Owner-Occupancy | - | Not required (state preemption) |
| JADU Owner-Occupancy | - | Required |
| JADU Deed Restriction | - | Required and recorded |
| Standard ADU Authority | - | Cal. Gov. Code 66314(a)(7); SB 477 |
| JADU Authority | - | Cal. Gov. Code 66333 |
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.
Hesperia FAQ
Do I have to live on the property to rent out my Hesperia ADU?
Not for a standard ADU. California Gov. Code 66314(a)(7), made permanent by SB 477, bars Hesperia from imposing owner-occupancy on standard ADUs. JADUs still require the owner to live in either the main house or the JADU.
Hesperia's code still mentions owner-occupancy - does that apply?
No. HMC 16.12.360(D)(5) is suspended by state law for standard ADUs and is not enforceable. Only the JADU owner-occupancy rule remains in effect.
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