ADU Owner Occupancy: Midway City vs Santa Ana
How do adu owner occupancy rules compare between Midway City, CA and Santa Ana, CA?
Midway City, CA
Orange County
No data available yet for Midway City.
Santa Ana, CA
Orange County
Under California AB 587 (codified at Gov. Code §65852.2(a)(6)) and AB 976 (2023), Santa Ana cannot impose owner-occupancy requirements on ADUs permitted on or after January 1, 2020. AB 976 made the prohibition permanent. Junior ADUs (JADUs) still require owner-occupancy of either the primary unit or the JADU under Gov. Code §65852.22 and SAMC §41-194.
View full Santa Ana rules →Key Facts Comparison
| Fact | Midway City | Santa Ana |
|---|---|---|
| ADU Owner-Occupancy | - | Prohibited by AB 976 (permanent) |
| JADU Owner-Occupancy | - | Required (Gov Code §65852.22) |
| Statute | - | CA Gov Code §65852.2(a)(6) (AB 587/AB 976) |
| Pre-2020 ADUs | - | Existing deed restrictions remain |
| Annual Affidavit | - | Not required |
| Code Section | - | SAMC §41-194 |
Highlighted rows indicate differences between cities.
Midway City FAQ
No FAQs available.
Santa Ana FAQ
Do I have to live on the property if I build an ADU in Santa Ana?
No. AB 976 made it permanently illegal for cities to impose owner-occupancy on ADUs permitted on or after January 1, 2020.
What about a JADU?
JADUs (under 500 sf, within an existing single-family dwelling or attached garage) still require the owner to live in either the primary dwelling or the JADU under CA Gov Code §65852.22.
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