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πŸ—οΈ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: Hesperia vs Ontario

How do adu owner occupancy rules compare between Hesperia, CA and Ontario, CA?

Hesperia, CA

San Bernardino County

Few Restrictions

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.

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Ontario, CA

San Bernardino County

No data available yet for Ontario.

Key Facts Comparison

FactHesperiaOntario
Standard ADU Owner-OccupancyNot required (state preemption)-
JADU Owner-OccupancyRequired-
JADU Deed RestrictionRequired and recorded-
Standard ADU AuthorityCal. Gov. Code 66314(a)(7); SB 477-
JADU AuthorityCal. Gov. Code 66333-

Highlighted rows indicate differences between cities.

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.

Ontario FAQ

No FAQs available.

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