Rocklin Municipal Code Ch. 17.67 Accessory Dwelling Units and Junior Accessory Dwelling Units

A. The purpose of this chapter is to provide for accessory dwelling units and junior accessory dwelling units in accordance with the provisions of state law.

B. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this chapter shall remain in full force and effect.

(Ord. No. 1124, § 10, 3-10-2020)

A. Applications for junior accessory dwelling units or accessory dwelling units shall be processed within sixty calendar days of receipt of a complete application and approved if they meet the requirements of this chapter. Incomplete applications will be returned within fifteen business days of receiving the incomplete application with a single written explanation of what additional information is required to submit a complete application.

B. For applications using a pre-approved accessory dwelling unit plan, the city shall process the application within thirty calendar days of receipt of a complete application. Incomplete applications will be returned with an explanation of what additional information is required.

C. Notwithstanding subdivision A. above, if a completed application is submitted with a permit application to create a new single-family dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially processed within sixty calendar days thereafter and approved if it meets the requirements of this chapter. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the primary dwelling.

D. The city shall grant a delay in processing if requested by the applicant.

E. All applications for junior accessory dwelling units or accessory dwelling units shall be accompanied by an application fee.

F. All junior accessory dwelling units and accessory dwelling units are also subject to building inspection and permit fees.

(Ord. No. 1124, § 10, 3-10-2020; Ord. No. 1206, § 2, 5-12-2026)

A. Accessory dwelling units and junior accessory dwelling units shall be a permitted use in all zones where residences are a permitted or conditional use.

B. Junior accessory dwelling units may be developed on any legally created lot and shall be located within the walls of the existing or proposed primary dwelling.

C. Accessory dwelling units may be located in any of the following places on a legally created lot:

1. Attached to an existing or proposed primary dwelling;

2. Located within the walls of the existing or proposed dwelling;

3. Located within an existing accessory structure;

4. Detached from the existing dwelling, but located on the same lot as the existing or proposed primary dwelling; or

5. In existing multifamily dwelling structures within the portions of the structure that are not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this code for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure. Up to twenty-five percent of the existing multifamily units in the building may be allowed as additional ADU's, provided that at a minimum at least one ADU unit is permitted.

6. Up to eight detached accessory dwelling units on a lot with an existing multifamily dwelling structure, provided that the number of existing units on the lot are maintained, the height does not exceed eighteen feet, and that four-foot side and rear yard setbacks are maintained.

D. One accessory dwelling unit may be allowed per residential lot containing an existing or proposed single-family residence. An accessory dwelling unit may be allowed in conjunction with a junior accessory dwelling unit when the requirements of Section 17.67.050 are met.

E. No more than two total dwelling units, inclusive of any combination of primary dwelling units, accessory dwelling units, and junior accessory dwelling units shall be permitted on any single lot created through a subdivision pursuant to Government Code Section 66411.7 (SB 9, 2021). The maximum number of dwelling units on the original single-family parcel shall be four units.

(Ord. No. 1124, § 10, 3-10-2020; Ord. No. 1206, § 2, 5-12-2026)

A. Junior accessory dwelling units and accessory dwelling units shall comply with all applicable building code requirements. However, fire sprinklers shall not be required in a junior accessory dwelling unit or accessory dwelling unit if they are not required for the primary dwelling unit.

B. Except the requirements related to fire sprinklers as set forth in Government Code Section 66323, all development standards contained in the underlying zoning district shall apply to junior accessory dwelling units and accessory dwelling units unless they are inconsistent with the provisions of this chapter, in which case the development standards of this chapter shall apply.

C. Junior Accessory Dwelling Units.

1. Junior accessory dwelling units shall not be sold separately from the primary residence.

2. Junior accessory dwelling units may be rented independently of the primary unit.

3. Junior accessory dwelling units may not be rented for fewer than thirty consecutive calendar days.

4. Either the junior accessory dwelling unit or the primary dwelling unit must be owner occupied, except if a junior accessory unit contains independent sanitation facilities, pursuant to Government Code Section 66333.

5. Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency.

6. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:

a. A prohibition on the sale of the junior accessory dwelling unit, separate from the sale of the single-family residence;

b. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;

c. A prohibition against renting the property for fewer than thirty consecutive calendar days; and

d. A requirement that either the primary residence or the junior accessory dwelling unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

7. A copy of the recorded covenant shall be filed with the community development department prior to issuance of a building permit.

D. Accessory Dwelling Units.

1. Accessory dwelling units shall not be sold separately from the primary residence, except as otherwise allowed by California law.

2. Accessory dwelling units may be rented independently of the primary unit.

3. Accessory dwelling units may not be rented for fewer than thirty consecutive calendar days.

4. No owner-occupied requirement shall be imposed for any accessory dwelling.

(Ord. No. 1124, § 10, 3-10-2020; Ord. No. 1206, § 2, 5-12-2026)

A. Junior Accessory Dwelling Units.

1. A junior accessory dwelling unit shall not exceed five hundred square feet in interior livable space in size, shall be contained entirely within the walls of a single-family residence, and shall contain at least an efficiency kitchen which includes a cooking appliance such as a stove, range or cooktop (microwaves and ovens cannot replace the stove), a sink with hot and cold water, a refrigerator of adequate size, and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

2. No junior accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

3. A junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the primary residence.

4. A junior accessory dwelling unit entrance shall not face the same public street as the front door of the primary dwelling unit, unless compliance with this standard is physically precluded by site constraints as documented in the application plans.

5. Any expansion beyond the existing physical structure of the primary residence is limited to one hundred fifty square feet and shall be solely to accommodate ingress and egress, pursuant to Government Code Section 66323(a)(1)(A).

6. The primary dwelling unit side and rear setbacks may be reduced to no less than four feet to accommodate an exterior stair and landing that provide required access to the junior accessory dwelling unit if it is located on the second story.

7. A junior accessory dwelling unit shall be architecturally consistent with the primary dwelling unit by meeting the following objective standards:

i. The roof pitch of the junior accessory dwelling unit shall be within plus or minus two degrees of the same roof pitch of the primary dwelling unit; and

ii. The roof material shall be the same material type as the primary dwelling unit (e.g., composition shingle, concrete tile, standing seam metal); and

iii. The primary exterior cladding material shall be the same type as the primary dwelling (e.g., stucco, wood lap, brick veneer), or of a greater material quality as verified by the building official.

8. Any balcony, deck or open stair landing of a junior accessory dwelling unit that faces the rear or side property line (excluding a street side property line) must meet one of the following objective standards:

i. Setback: The elevated outdoor area must be setback ten feet or more from the side and rear property lines; or

ii. Screening: If the elevated outdoor area is setback less than ten feet from the side and rear property lines, it shall incorporate a permanent opaque visual screen at least six feet in height, measured from the surface of the floor. The screen must be continuous along the entire edge facing the property line. A maximum of ten square feet of the elevated area needed solely for ingress/egress is exempt from this screening requirement.

9. Junior accessory dwelling units shall not be required to provide for any additional parking or make up for any parking displaced by their construction, including conversion of all or part of an existing garage.

B. Accessory Dwelling Units.

1. Accessory dwelling units shall be exempt from lot coverage limitations to the minimum extent necessary to allow the construction of a detached or attached accessory dwelling unit, provided that the accessory dwelling unit complies with all other objective development standards, including height, setbacks, building code, and fire safety requirements.

2. Maximum Height:

i. Detached accessory dwelling units: The maximum height shall be sixteen feet measured from natural grade.

ii. Detached accessory dwelling units located within one-half mile of a major transit stop or high-quality transit corridor: The maximum height shall be eighteen feet measured from natural grade, and shall be permitted an additional two feet of height when necessary to accommodate a roof pitch that matches the primary dwelling, consistent with Government Code Section 66321(b)(4)(B).

iii,

Detached accessory dwelling units on a lot that has an existing or proposed multistory multifamily dwelling: The maximum height shall be eighteen feet measured from natural grade.

iv. Attached accessory dwelling units: The maximum height shall be twenty-five feet or the height of the primary dwelling, whichever is lower, measured from natural grade.

3. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

4. An accessory dwelling unit shall have a separate entrance from the primary dwelling unit. Where the lot has more than one street frontage, the accessory dwelling unit entrance shall not face the same public street frontage as the primary dwelling unit. For lots with a single street frontage, the accessory dwelling unit may face the street only if the site plan demonstrates that access from the side or rear of the lot is physically precluded by one or more of the following objective conditions:

i. A lack of a minimum four-foot clear path of travel at grade along the side or rear of the primary dwelling unit; or

ii. A running slope along the required path of travel greater than fifteen percent; or

iii. A documented conflict with a legally recorded utility or access easement that prohibits such use.

5. An accessory dwelling unit shall contain a kitchen which includes a cooking appliance such as a stove, range or cooktop (microwaves and ovens cannot replace the stove), a sink with hot and cold water, a refrigerator of adequate size, and a food preparation counter and storage cabinets that are of reasonable size in relation to the accessory dwelling unit.

6. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located:

i. No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.

ii. For all accessory dwelling units, a setback of four feet is required from the rear and side property lines.

iii. An accessory dwelling unit may be located within the front setback only if it is physically or legally impossible to construct the accessory dwelling unit elsewhere on the lot without violating side or rear yard setbacks, height limits, building or fire-safety code requirements, or utility access requirements, and if clear evidence of such impossibility is documented in the application file.

7. The maximum interior livable space for any attached or detached accessory dwelling unit shall not exceed one thousand two hundred square feet. The maximum floor area for an attached accessory dwelling unit shall not exceed fifty percent of the existing primary dwelling; however, in all cases the city shall permit a minimum of eight hundred fifty square feet and shall permit up to one thousand square feet where an ADU provides more than one bedroom, consistent with Government Code Section 66321(b)(2).

8. An accessory dwelling unit, shall be architecturally consistent with the primary dwelling unit by meeting the following objective standards:

i. The roof pitch of the accessory dwelling unit shall be within plus or minus two degrees of the same roof pitch of the primary dwelling unit; and

ii. The roof material shall be the same material type as the primary dwelling unit (e.g., composition shingle, concrete tile, standing seam metal); and

iii. The primary exterior cladding material shall be the same type as the primary dwelling (e.g., stucco, wood lap, brick veneer), or of a greater material quality as verified by the building official.

iv. The window trim, sill height, and proportions shall be consistent with the primary dwelling; and

v. The building eave depth shall be within plus or minus twelve inches of the primary dwelling.

9. The city's pre-approved ADUs plans are exempt from any objective design standards that conflict with the approved design.

10. No balcony, deck or open stair landing of an accessory dwelling unit that faces the rear or side property line nearest the accessory dwelling unit shall be permitted, except as needed to allow ingress and egress.

11. Parking for an accessory dwelling unit shall be as follows:

i. Except as provided in subsection ii., accessory dwelling units shall provide one parking space per accessory dwelling unit. Accessory dwelling unit parking requirements are in addition to the parking required for the primary residence as provided in Section 17.66.100. Parking spaces may be provided as tandem parking on a driveway or in setback areas unless the community development director makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or other conditions that would pose a risk to health and safety. No parking may extend into a public sidewalk or public right-of-way.

ii. No parking may be required for an accessory dwelling unit if any of the following apply:

a. The accessory dwelling unit is contained within an existing primary residence or accessory structure or proposed primary residence.

b. The accessory dwelling unit is located within one-half mile walking distance of public transit. For purposes of this section, "public transit" means a bus stop or train station where public transportation runs on fixed routes and charges set fares.

c. The accessory dwelling unit is located within an architecturally and historically significant district.

d. Where on-street parking permits are required but not offered to the occupants of the accessory dwelling unit.

e. When a designated parking area for one or more car share vehicles is located within one block of the accessory dwelling unit.

iii. When a garage, carport, covered parking structure, or uncovered off-street parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, the parking spaces need not be replaced.

(Ord. No. 1124, § 10, 3-10-2020; Ord. No. 1206, § 2, 5-12-2026)

A. No junior accessory dwelling unit or accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.

B. Except as provided in subsection C., an accessory dwelling unit may be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the second unit.

C. The following accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges:

1. Junior accessory dwelling units.

2. Standard accessory dwelling units converted from interior space under Section 17.67.050.B., unless the unit is constructed within a new single-family home.

D. All utility extensions shall be placed underground.

E. Impact Fees.

1. No impact fees may be imposed on (1) a junior accessory dwelling unit that has five hundred square feet or less of interior livable space or (2) an accessory dwelling unit that has seven hundred fifty square feet or less of interior livable space. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.

2. For accessory dwelling units that have a floor area of more than seven hundred fifty square feet, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(Ord. No. 1124, § 10, 3-10-2020; Ord. No. 1206, § 2, 5-12-2026)

A. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.

B. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the director shall consult with the fire marshal. No delay may be granted for violations involving structural integrity, fire hazards, or other life-safety conditions.

C. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.

D. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

E. This section shall remain in effect until January 1, 2035, and as of that date is repealed.

(Ord. No. 1124, § 10, 3-10-2020; Ord. No. 1206, § 2, 5-12-2026)