ADU Owner Occupancy: El Cajon vs San Diego
How do adu owner occupancy rules compare between El Cajon, CA and San Diego, CA?
El Cajon and San Diego 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 →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 | El Cajon | 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 El Cajon | - |
| Condo Conversion | - | Not adopted by San Diego (AB 1033) |
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.
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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