ADU Owner Occupancy: Hesperia vs Rialto
How do adu owner occupancy rules compare between Hesperia, CA and Rialto, CA?
Hesperia and Rialto have similar restriction levels.
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 →Rialto, CA
San Bernardino County
Rialto cannot impose an owner-occupancy requirement on ADUs permitted between Jan. 1, 2020 and Jan. 1, 2025 (Cal. Gov. Code §66314(a)(6)). Owner-occupancy is required for Junior ADUs (JADUs) under Cal. Gov. Code §66333 — owner must live in either the main house or the JADU.
View full Rialto rules →Key Facts Comparison
| Fact | Hesperia | Rialto |
|---|---|---|
| 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 | - |
| ADU owner-occupancy | - | Cannot be required for permits issued Jan 2020-Jan 2025 (Cal. Gov. Code §66314(a)(6)) |
| JADU owner-occupancy | - | Required — owner must live in main house or JADU (Cal. Gov. Code §66333(a)) |
| Deed restriction | - | Required for JADUs only — filed before final inspection |
| After Jan. 1, 2025 | - | Cities may impose owner-occupancy on new ADU permits |
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.
Rialto FAQ
Do I have to live in the main house to rent out my ADU?
Not for ADUs permitted between Jan. 1, 2020 and Jan. 1, 2025 — state law (§66314(a)(6)) prohibits Rialto from requiring it. For JADUs, owner-occupancy of the main house or JADU is always required under §66333.
Can I build a JADU as an investment property?
No. Cal. Gov. Code §66333 requires the property owner to live in either the JADU or the primary dwelling, and a deed restriction is recorded to enforce this.
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