ADU Owner Occupancy: El Cajon vs Escondido
How do adu owner occupancy rules compare between El Cajon, CA and Escondido, CA?
El Cajon and Escondido have similar restriction levels.
El Cajon, CA
San Diego County
El Cajon 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 still require owner-occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22, with a deed restriction recorded against title.
View full El Cajon rules →Escondido, CA
San Diego County
Escondido 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) under Article 70 still require owner occupancy of either the primary dwelling or the JADU per Gov. Code §65852.22, with a deed restriction recorded against title.
View full Escondido rules →Key Facts Comparison
| Fact | El Cajon | Escondido |
|---|---|---|
| Standard ADU | No owner occupancy (state preempts) | No owner occupancy (state preempts) |
| JADU | Owner occupancy required | Owner occupancy required |
| State Law | Gov. Code §65852.2(a)(6); AB 976 | Gov. Code §65852.2(a)(6); AB 976 |
| Deed Restriction | Recorded for JADUs | Recorded for JADUs |
| AB 1033 Condo Conversion | Not adopted in El Cajon | - |
| Condo Conversion (AB 1033) | - | Not adopted |
Highlighted rows indicate differences between cities.
El Cajon FAQ
Does El Cajon 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 can 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 California Gov. Code §65852.22. El Cajon records a deed restriction at permit issuance to memorialize this requirement against title.
Escondido FAQ
Does Escondido 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 terms of 30+ days.
What about JADUs in Escondido?
JADUs still require owner occupancy of either the primary dwelling or the JADU under Article 70 and Gov. Code §65852.22. A deed restriction enforcing the requirement is recorded against title at permit issuance and remains binding on future owners.
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