ADU Owner Occupancy: Chula Vista vs Fallbrook
How do adu owner occupancy rules compare between Chula Vista, CA and Fallbrook, CA?
Chula Vista, CA
San Diego County
Chula Vista 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 under the city's ADU ordinance still require owner occupancy of either the primary dwelling or the JADU, with a deed restriction recorded against title.
View full Chula Vista rules →Fallbrook, CA
San Diego County
No data available yet for Fallbrook.
Key Facts Comparison
| Fact | Chula Vista | Fallbrook |
|---|---|---|
| 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 | - |
| AB 1033 Condo Conversion | Not adopted in Chula Vista | - |
Highlighted rows indicate differences between cities.
Chula Vista FAQ
Does Chula Vista 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 long-term.
What about JADUs?
JADUs still require owner occupancy of either the primary dwelling or the JADU under CVMC Title 19 and Gov. Code §65852.22. A deed restriction recording this requirement is filed against title at permit issuance.
Fallbrook FAQ
No FAQs available.
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