ADU Owner Occupancy: Fontana vs Hesperia
How do adu owner occupancy rules compare between Fontana, CA and Hesperia, CA?
Fontana and Hesperia have similar restriction levels.
Fontana, CA
San Bernardino County
Fontana 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) still require owner occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22 because they share walls and utilities.
View full Fontana rules →Hesperia, CA
San Bernardino County
Per California Gov. Code 66314(a)(7) (made permanent by SB 477), standard ADUs in Hesperia carry no owner-occupancy requirement. JADUs under HMC Article 16.16 and Cal. Gov. Code 66333 still require the owner to live in either the main dwelling or the JADU.
View full Hesperia rules →Key Facts Comparison
| Fact | Fontana | Hesperia |
|---|---|---|
| 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 | - |
| Condo Conversion | Not adopted (AB 1033) | - |
| Standard ADU Owner-Occupancy | - | Not required (state preemption) |
| JADU Owner-Occupancy | - | Required |
| JADU Deed Restriction | - | Required and recorded |
| Standard ADU Authority | - | Cal. Gov. Code 66314(a)(7); SB 477 |
| JADU Authority | - | Cal. Gov. Code 66333 |
Highlighted rows indicate differences between cities.
Fontana FAQ
Does Fontana 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 30+ day terms.
What about JADUs?
JADUs still require owner occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22. A deed restriction enforcing the requirement is recorded against title at permit issuance and runs with the land.
Hesperia FAQ
Do I have to live on the property to rent out my Hesperia ADU?
Not for a standard ADU. California Gov. Code 66314(a)(7), made permanent by SB 477, bars Hesperia from imposing owner-occupancy on standard ADUs. JADUs still require the owner to live in either the main house or the JADU.
Hesperia's code still mentions owner-occupancy - does that apply?
No. HMC 16.12.360(D)(5) is suspended by state law for standard ADUs and is not enforceable. Only the JADU owner-occupancy rule remains in effect.
Compare other topics
See how Fontana and Hesperia 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