ADU Owner Occupancy: El Cajon vs Fallbrook
How do adu owner occupancy rules compare between El Cajon, CA and Fallbrook, CA?
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 →Fallbrook, CA
San Diego County
No data available yet for Fallbrook.
Key Facts Comparison
| Fact | El Cajon | 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 El Cajon | - |
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.
Fallbrook FAQ
No FAQs available.
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