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🏗️ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: El Monte vs Pasadena

How do adu owner occupancy rules compare between El Monte, CA and Pasadena, CA?

El Monte and Pasadena have similar restriction levels.

El Monte, CA

Los Angeles County

Few Restrictions

El Monte does not impose owner-occupancy on detached/attached ADUs permitted between Jan 1, 2020 and Jan 1, 2025 (Cal. Gov. Code §65852.2(a)(6) sunset). JADUs always require owner-occupancy of the property under §65852.22(a)(2).

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Pasadena, CA

Los Angeles County

Few Restrictions

Pasadena 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. Junior ADUs (JADUs) under PMC §17.50.275 still require owner occupancy of either the primary dwelling or the JADU because they share walls and utilities, memorialized by deed restriction. AB 1033 condo conversion has not been adopted by Pasadena as of the date of this article.

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Key Facts Comparison

FactEl MontePasadena
ADU owner-occupancyNot required-
JADU owner-occupancyRequired-
Deed restriction (JADU)Required, recorded with LA County-
ExceptionGovernmental agency, land trust, housing org-
Standard ADU-No owner occupancy (state preempts)
JADU-Owner occupancy required
State Law-Gov. Code §65852.2(a)(6); AB 976
Deed Restriction-Recorded at JADU permit
Condo Conversion (AB 1033)-Not adopted by Pasadena

Highlighted rows indicate differences between cities.

El Monte FAQ

Do I have to live on the property if I build an ADU in El Monte?

No. Owner-occupancy is not required for ADUs permitted in El Monte under current Cal. Gov. Code §65852.2(a)(6), as extended by AB 976 (2023).

What about a JADU?

Yes. JADUs require the owner to reside on the property in either the primary dwelling or the JADU, and the owner must record a deed restriction memorializing the requirement (Cal. Gov. Code §65852.22(a)(2),(a)(5)).

Pasadena FAQ

Does Pasadena require owner occupancy for ADUs?

No, not for standard ADUs. Cal. Gov. Code §65852.2(a)(6) and AB 976 (2023) preempt local owner-occupancy mandates permanently. Both the primary dwelling and the ADU may be rented to non-owner tenants on terms of 30 days or more.

What about JADUs in Pasadena?

JADUs still require owner occupancy of either the primary dwelling or the JADU under PMC §17.50.275 and Gov. Code §65852.22. Pasadena records a deed restriction at permit issuance memorializing this requirement and the prohibition on separate sale of the JADU.

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