ADU Owner Occupancy: Escondido vs San Diego
How do adu owner occupancy rules compare between Escondido, CA and San Diego, CA?
Escondido and San Diego have similar restriction levels.
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 →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 | Escondido | 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 | - |
| Condo Conversion (AB 1033) | Not adopted | - |
| Condo Conversion | - | Not adopted by San Diego (AB 1033) |
Highlighted rows indicate differences between cities.
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.
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.
Compare other topics
See how Escondido and San Diego compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool