ADU Owner Occupancy: Chula Vista vs San Diego
How do adu owner occupancy rules compare between Chula Vista, CA and San Diego, CA?
Chula Vista and San Diego have similar restriction levels.
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 →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 | Chula Vista | San Diego |
|---|---|---|
| Standard ADU | No owner occupancy (state preempts) | No owner-occupancy required (state law) |
| JADU | Owner occupancy required | Owner occupancy required (SDMC § 141.0302(c)) |
| State Law | Gov. Code §65852.2(a)(6); AB 976 | Gov. Code § 65852.2(a)(6); AB 976 |
| Deed Restriction | Recorded for JADUs | - |
| AB 1033 Condo Conversion | Not adopted in Chula Vista | - |
| Condo Conversion | - | Not adopted by San Diego (AB 1033) |
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.
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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