ADU Owner Occupancy: Monterey vs Salinas
How do adu owner occupancy rules compare between Monterey, CA and Salinas, CA?
Monterey, CA
Monterey County
No data available yet for Monterey.
Salinas, CA
Monterey County
Salinas cannot impose owner-occupancy requirements on standard ADUs because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), preempts local owner-occupancy mandates. Junior ADUs (JADUs) created under Gov. Code §65852.22 still require owner occupancy of either the primary dwelling or the JADU, with a deed restriction recorded against title at permit issuance.
View full Salinas rules →Key Facts Comparison
| Fact | Monterey | Salinas |
|---|---|---|
| Standard ADU | - | No owner occupancy (state-preempted) |
| JADU | - | Owner occupancy required |
| Authority | - | Gov. Code §65852.2(a)(6); AB 976 |
| JADU Deed Restriction | - | Recorded at permit issuance |
| AB 1033 Condo Sale | - | Not adopted in Salinas |
Highlighted rows indicate differences between cities.
Monterey FAQ
No FAQs available.
Salinas FAQ
Does Salinas require owner-occupancy for ADUs?
No, not for standard ADUs. California Government Code §65852.2(a)(6) and AB 976 (2023) permanently preempt local owner-occupancy mandates on ADUs. Both the primary dwelling and the ADU may be rented to non-owner tenants long-term. SMC §37-50.250 implements this state preemption.
Can I sell my Salinas ADU separately from my house?
Not currently. AB 1033 (2023) gave cities the option to authorize separate condominium-style sale of an ADU, but Salinas has not adopted an AB 1033 ordinance. ADUs in Salinas must remain on the same legal parcel as the primary dwelling and cannot be sold off independently.
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