ADU Owner Occupancy: Chino vs Rialto
How do adu owner occupancy rules compare between Chino, CA and Rialto, CA?
Rialto 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 →Rialto, CA
San Bernardino County
Rialto cannot impose an owner-occupancy requirement on ADUs permitted between Jan. 1, 2020 and Jan. 1, 2025 (Cal. Gov. Code §66314(a)(6)). Owner-occupancy is required for Junior ADUs (JADUs) under Cal. Gov. Code §66333 — owner must live in either the main house or the JADU.
View full Rialto rules →Key Facts Comparison
| Fact | Chino | Rialto |
|---|---|---|
| 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)) | Required — owner must live in main house or JADU (Cal. Gov. Code §66333(a)) |
| JADU recordation | Deed restriction required at permit | - |
| Exceptions | Government, land trust, nonprofit owners | - |
| ADU owner-occupancy | - | Cannot be required for permits issued Jan 2020-Jan 2025 (Cal. Gov. Code §66314(a)(6)) |
| Deed restriction | - | Required for JADUs only — filed before final inspection |
| After Jan. 1, 2025 | - | Cities may impose owner-occupancy on new ADU permits |
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.
Rialto FAQ
Do I have to live in the main house to rent out my ADU?
Not for ADUs permitted between Jan. 1, 2020 and Jan. 1, 2025 — state law (§66314(a)(6)) prohibits Rialto from requiring it. For JADUs, owner-occupancy of the main house or JADU is always required under §66333.
Can I build a JADU as an investment property?
No. Cal. Gov. Code §66333 requires the property owner to live in either the JADU or the primary dwelling, and a deed restriction is recorded to enforce this.
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