1 Agenda
City Council Regular Meeting
Folsom City Hall | City Council Chambers, First Floor
50 Natoma Street, Folsom, CA 95630
March 24, 2026, 6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.
Participation
If you would like to provide comments to the City Council, please:
Fill out a blue speaker request form, located at the back table. Submit the form to the City Clerk before the item begins. When it’s your turn, the City Clerk will call your name and invite you to the podium. Speakers generally have three minutes, unless the presiding officer (usually the mayor) changes that time.
Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
How to Watch
The City of Folsom provides three ways to watch a City Council meeting:
In Person Online On TV
City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14
More information about City Council meetings is available at the end of this agenda
2 City Council Regular Meeting
Folsom City Hall | City Council Chambers, First Floor
50 Natoma Street, Folsom, CA 95630
www.folsom.ca.us
Tuesday, March 24, 2026 6:30 PM
Justin Raithel, Mayor
Sarah Aquino, Councilmember Barbara Leary, Councilmember Mike Kozlowski, Councilmember Anna Rohrbough, Vice Mayor
AGENDA
CALL TO ORDER
ROLL CALL: Councilmembers: Rohrbough, Aquino, Kozlowski, Leary, Raithel The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item wil l be continued to a future Council meeting.
PLEDGE OF ALLEGIANCE
AGENDA UPDATE
BUSINESS FROM THE FLOOR:
Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are generally limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.
SCHEDULED PRESENTATIONS:
1. Presentation Regarding Assembly Bill 1572 and Non-Functional Turf CONSENT CALENDAR:
Items appearing on the Consent Calendar are considered routine and may be approved by one motion.
Councilmembers may pull an item for discussion.
2. Approval of the March 02, 2026 City Council Special Workshop Minutes
3. Approval of the March 10, 2026 City Council Special and Regular Meeting Minutes
3 4. Resolution No. 11576 - A Resolution Authorizing the City Manager to Execute an Agreement with Curtis Sorber dba the HVAC Nerd for HVAC System Improvements for $84,290 Funded from the Police Capital Improvement Fund (Fund 428) and the Folsom Plan Area Capital Improvement Fund (Fund 472) for the 1 Natoma Street Project (Project PD2501)
5. Resolution No. 11577 – A Resolution Authorizing the City Manager to Execute an Agreement with N&S Tractor Co. for $259,860.68 with $129,930.34 Funded from the Water Operating Fund (Fund 520) and $129,930.34 Funded from the Wastewater Operating Fund (Fund 530) for the Purchase of a Front Loader and Appropriation of Funds
6. Resolution No. 11578 - A Resolution Authorizing the City Manager to Execute an Agreement for Maintenance of Shared Transportation Facilities Between the County of Sacramento and the City of Folsom
7. Resolution No. 11583– A Resolution of the City Council Authorizing the Mayor to Execute an Amendment to the Employment Agreement for the City Manager PUBLIC HEARING:
8. Zoning Code Update – Accessory Dwelling Unit Ordinance Hearing and Determination that the Project is Exempt from CEQA; Ordinance No. 1361 - An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.105 of the Folsom Municipal Code Pertaining to Accessory Dwelling Units (Introduction and First Reading)(continued from March 10, 2026) NEW BUSINESS:
9. Receive a Presentation from the City’s Independent Auditor and Receive and File the City of Folsom Annual Comprehensive Financial Report for the Year Ended June 30, 2025
10. Consideration of Partnership with Change.org for Community Survey and Civic Dialogue
11. Ordinance No. 1366 - An Ordinance of the City of Folsom Amending Section 2.06.010 of the Folsom Municipal Code Regarding City Council Salaries (Introduction and First Reading) and Determination that the Project is Exempt from CEQA
12. Resolution No. 11579 – A Resolution Authorizing the City Manager to Execute a Program Supplement Agreement with Caltrans for the Intelligent Transportation Systems (ITS) Master Plan Implementation Project, Project No. PW2305, Federal Project No. 5288(052)
13. Resolution No. 11580 - A Resolution Approving the Preliminary Engineer’s Report for the Following Landscaping and Lighting Districts for Fiscal Year 2026-27 and Setting Public Hearing for American River Canyon North, American River Canyon North No. 2, American River Canyon North No. 3, Blue Ravine Oaks, Blue Ravine Oaks No. 2, Briggs Ranch, Broadstone, Broadstone No. 4, Broadstone Unit No. 3, Cobble Ridge, Cobble Hills Ridge II/Reflections II, Folsom Heights, Folsom Heights No. 2, Hannaford Cross, Lake Natoma Shores, Los Cerros, Natoma Station, Natoma Valley, Prairie Oaks Ranch, Prairie Oaks Ranch No. 2, Prospect Ridge, Sierra Estates, Silverbrook, Steeplechase, The Residences at American River Canyon, The Residences at American River Canyon II, Willow Creek Estates East, Willow Creek Estates East No. 2, Willow Creek Estates South, and Willow Springs
14. 2025 General Plan (and Housing Element) Annual Progress Report
CITY MANAGER REPORTS
COUNCIL COMMENTS
ADJOURNMENT
4 NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.
NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the abov e decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.
PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.
This meeting of the City Council is recorded with closed captioning. The recording will be cablecast on Metro Cable Channel 14, the local government affairs channel on the Comcast and DirecTV U -Verse cable system, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The recording will also be video streamed at metro14live.saccounty.gov.The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Folsom, California during normal business hours.
Folsom City Council
Staff Report
1 MEETING DATE:
3/24/2026
AGENDA SECTION:
Scheduled Presentations
ITEM TITLE: Presentation Regarding Assembly Bill 1572 and Non-Functional Turf
FROM: Utilities Department
BACKGROUND / ISSUE
A new California conservation law aims to replace decorative lawns with water-wise landscaping across the state. The legislation, known as Assembly Bill 1572, phases out the use of drinking water to irrigate nonfunctional turf (NFT) on commercial and public properties starting in January 2027. The change is designed to preserve California’s water resources, prepare for long-term water shortages, and more effectively manage our state’s drinking water supply. The law does not apply to residential properties. City staff will provide an overview of AB 1572 and provide a schedule of the items the City has planned for outreach and education to the impacted properties. This is informational only and no action is required of the City Council.
Submitted,
Marcus Yasutake, Utilities Director
03/24/2026 Item No.1.
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to facilitate double-sided printing
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03/24/2026 Item No.1.
File 034-21 26-001
Folsom City Council Minutes
March 2, 2026
Draft – Not Official Until Approved by the Council Page 1
City Council Special Meeting
MINUTES
Monday, March 2, 2026 12:30 PM
CALL TO ORDER
The special City Council meeting was called to order at 12:32 pm with Mayor Raithel presiding.
ROLL CALL:
Councilmembers Present:
Sarah Aquino, Councilmember
Michael Kozlowski, Councilmember
Barbara Leary, Councilmember
Anna Rohrbough, Vice Mayor
Justin Raithel, Mayor
Councilmembers Absent: None
WORKSHOP DISCUSSION
1. Discussion of Goal Setting and Direction to Staff
City Manager Bryan Whitemyer shared an overview of the meeting objectives and shared information describing the development of priority lists. Following his comments, each Councilmember identified and shared their priority goals. After a brief recess, the Council and staff reconvened for a discussion centered on goal setting and the alignment of priorities.
The City Council focused on the development of a structured, priority-based work plan designed to provide clear direction for city projects. A central theme of the discussion was the necessity of prioritizing the city’s workload to ensure that efforts remain concentrated on high-impact initiatives. The City Manager emphasized that this focused approach is essential to maximize the efficient use of limited resources and to mitigate the drain of limited resources on non-priority items. The City Council further addressed existing funding challenges and the importance of maintaining fiscal discipline while meeting community needs.
In closing, the City Council reached a consensus to review the priorities discussed during the session.
Staff will return the matter to a future Council meeting for further deliberation and potential direction.
03/24/2026 Item No.2.
File 034-21 26-001
Folsom City Council Minutes
March 2, 2026
Draft – Not Official Until Approved by the Council Page 2
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 3:01 pm.
SUBMITTED BY:
_______________________________
Christa Freemantle, City Clerk
ATTEST:
______________________________
Justin Raithel, Mayor
03/24/2026 Item No.2.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 1
City Council Special Meeting
MINUTES
Tuesday, March10, 2026 5:00 PM
CALL TO ORDER
The special City Council meeting was called to order at 5:00 pm with Mayor Raithel presiding.
ROLL CALL:
Councilmembers Present:
Sarah Aquino, Councilmember
Michael Kozlowski, Councilmember
Barbara Leary, Councilmember
Anna Rohrbough, Vice Mayor
Justin Raithel, Mayor
Councilmembers Absent: None
ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:
1. Conference with Legal Counsel - Existing Litigat ion - Pursuant to Government Code Section 54956.9(d)(1): Mario Edward Villagran v. City of Folsom, County of Sacramento, State of California, and Does 1-50, Sacramento County Superior Court Case No. 26CV0001245
2. Conference with Legal Counsel - Existing Litigat ion - Pursuant to Government Code Section 54956.9(d)(1): Robert Delp v. City of Folsom, Third District Court of Appeal, Appellate Case No. C105510
3. Performance Evaluation of Public Employee Pursua nt to Government Code section 54957(b)(1): Position Title: City Manager
(Councilmember Kozlowski stepped briefly away from the dais.)
Motion by Councilmember Aquino, second by Councilmember Leary to adjourn to closed session. Motion passed by the following roll-call vote:
AYES: Aquino, Leary, Rohrbough, Raithel
NOES: None
ABSENT: Kozlowski
ABSTAIN: None
03/24/2026 Item No.3.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 2
RECONVENE
Agenda Item 1: Interim City Attorney Sari Dierking reported that the City Council voted unanimously to authorize legal counsel to defend the litigation referenced in this item.
Agenda Item 2: Interim City Attorney Sari Dierking reported that, regarding the matter of Delp v. City of Folsom , the City Council voted unanimously to refrain from seeking appellate review of the trial court decision arising out of the 603 Sutter development project.
Agenda Item 3 Mayor Raithel reported that, pursuant to the City Charter, the City Council conducted the annual performance review of the City Manager. The Mayor reported that the City Manager has exceeded expectations over the past year. On behalf of the Council, the Mayor expressed appreciation for the City Manager’s leadership and service to the city.
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 6:30 pm.
SUBMITTED BY:
_______________________________
Christa Freemantle, City Clerk
ATTEST:
______________________________
Justin Raithel, Mayor
03/24/2026 Item No.3.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 1
City Council Regular Meeting
MINUTES
Tuesday, March 10, 2026 6:30 PM
CALL TO ORDER
The regular City Council meeting was called to order at 6:30 pm with Mayor Raithel presiding.
ROLL CALL:
Councilmembers Present: Sarah Aquino, Councilmember
Michael Kozlowski, Councilmember
Barbara Leary, Councilmember
Anna Rohrbough, Vice Mayor
Justin Raithel, Mayor
Councilmembers Absent: None
PLEDGE OF ALLEGIANCE
The pledge of allegiance was recited.
AGENDA UPDATE
Interim City Attorney Sari Dierking advised that there were no agenda updates.
BUSINESS FROM THE FLOOR:
There were no speakers under this item.
SCHEDULED PRESENTATIONS:
1. Resolution of Commendation Honoring The Folsom T elegraph On the Occasion of its 170th Anniversary and Distinction as Folsom’s Oldest Business
Mayor Raithel presented the Resolution of Commendation.
03/24/2026 Item No.3.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 2
CONSENT CALENDAR:
Items appearing on the Consent Calendar are considered routine and may be approved by one motion.
Councilmembers may pull an item for discussion.
2. Approval of the February 24, 2026 City Council R egular Meeting Minutes
3. Ordinance No. 1362 – An Ordinance of the City of Folsom Amending Certain Sections of the Folsom Municipal Code for Minor Code Cleanups to Remove Outdated References and to Reflect Current Best Practices or Laws (Second Reading and Adoption)
4. Resolution No. 11568 – A Resolution Authorizing the City Manager to Execute Contract Amendment No. 6 Extending the Term for the Consultant and Professional Services Agreement with The Ferguson Group for Federal Legislative Advocacy Services (Contract No. 173-21 09- 026)
5. Resolution No. 11569- A Resolution Authorizing t he City Manager to Accept Offers of Dedication for the Toll Brothers at Folsom Ranch Phase 1A Subdivision, and Approval of the Final Map for the Toll Brothers at Folsom Ranch Phase 1A Subdivision
6. Resolution No. 11573- A Resolution Authorizing S taff to Rescind Construction Change Order No. 1 with Consolidated Engineering (Contract No. 174-21 25-010) for $588,232 from the SB1 Road Maintenance and Rehabilitation Fund (Fund 235) for the Pavement Repair and Resurfacing Project FY 24-25, Project No. 8017
7. Resolution No. 11575 – A Resolution to Amend the City-wide Pay Schedule and Salary Tables for the Executive Management Team
Motion by Councilmember Leary, second by Councilmember Kozlowski to approve the Consent Calendar. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Rohrbough, Raithel
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARING:
8. Ordinance No. 1361 - An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.105 of the Folsom Municipal Code Pertaining to Accessory Dwelling Units (Introduction and First Reading) (to be continued to March 24, 2026)
Motion by Councilmember Aquino, second by Councilmember Leary to continue the public hearing to March 24, 2026. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Rohrbough, Raithel
NOES: None
ABSENT: None
ABSTAIN: None
03/24/2026 Item No.3.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 3
OLD BUSINESS
9. Resolution No. 11559 - A Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Agreement with Brightview Landscape Services for Landscape Maintenance Within the Landscaping and Lighting Districts, and Community Facilities Districts for the City of Folsom Through the Use of Funds from Landscaping and Lighting Districts and Community Facilities Districts (21-L&Ls) (8-CFDs), Extending the Agreement for an Additional Two Years at a Cost of $2,428,583.33 Annually, for a Total Not-to-Exceed Amount of $11,190,212.85
Municipal Landscape Services Manager Derik Perez made a presentation.
Motion by Councilmember Kozlowski, second by Councilmember Leary to approve Resolution No. 11559. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Rohrbough, Raithel
NOES: None
ABSENT: None
ABSTAIN: None
NEW BUSINESS:
10. Nomination of City of Folsom Representatives to the Citizens Advisory Committee for Folsom State Prison
City Clerk Christa Freemantle shared information regarding the committee and responded to questions from the City Council.
By consensus, the City Council nominated Sarah Behrendt and Jim Silva.
11. Resolution No. 11566 – A Resolution Approving the 2050 Water Forum Agreement, Authorizing the Mayor to Sign the 2050 Water Forum Agreement, and Authorizing the City Manager to Execute the Inter-Agency Agreement
Utilities Director Marcus Yasutake made a presentation and responded to questions from the City Council.
Motion by Councilmember Leary, second by Vice Mayor Rohrbough to approve Resolution No. 11566. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Rohrbough, Raithel
NOES: None
ABSENT: None
ABSTAIN: None
03/24/2026 Item No.3.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 4
12. Resolution No. 11567- A Resolution Directing the Finance Director to Make a Transfer of $718,278 of Available General Fund Reserve from the General Fund (Fund 010) with $50,000 to the IT Equipment Fund (Fund 603), $334,139 to the Facility Rehabilitation Fund (Fund 602), and $334,139 to the Park/Trail Maintenance Fund (Fund 609)
Finance Director Stacey Tamagni made a presentation and responded to questions from the City Council.
Motion by Councilmember Kozlowski, second by Councilmember Aquino to approve Resolution No. 11567. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Rohrbough, Raithel
NOES: None
ABSENT: None
ABSTAIN: None
13. Resolution No. 11570- A Resolution Approving the Parks & Recreation Commission’s Recommendation to Name Neighborhood Park #1 “Jackrabbit Hill Park”
Park Planner Kate Cannon Nguyen made a presentation and responded to questions from the City Council.
Motion by Vice Mayor Rohrbough, second by Councilmember Leary to approve Resolution No. 11570. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Rohrbough, Raithel
NOES: None
ABSENT: None
ABSTAIN: None
14. Resolution No. 11574- A Resolution Adopting the Fiscal Year 2025-26 Mid-Year Budget for the City of Folsom
Finance Director Stacey Tamagni made a presentation and responded to questions from the City Council.
Motion by Vice Mayor Rohrbough, second by Councilmember Kozlowski to approve Resolution No. 11574. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Rohrbough, Raithel
NOES: None
ABSENT: None
ABSTAIN: None
03/24/2026 Item No.3.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 5
CITY MANAGER REPORTS
City Manager Bryan Whitemyer updated the Council on the recent priorities workshop, noting that staff is currently integrating Council and executive goals into a comprehensive Work Plan for future ratification. He expressed disappointment regarding the developer’s decision to relocate "The Mettle Shop" sports complex project to Citrus Heights, attributing the move to that site's existing infrastructure and faster timeline to market. Additionally, the City Manager reminded the public that the Benevento Family Park survey remains open until March 11 at 5:00 p.m. and highlighted upcoming library events, including a Saturday, March 28 presentation on backyard chicken regulations and the Friends of the Folsom Library book sale scheduled for March 13–15.
COUNCIL COMMENTS
Councilmember Kozlowski reported on his attendance at the SACOG Land Use and Natural Resources Committee meeting, noting that regional housing needs allocation numbers (RHNA) are expected by September 15. He commended city staff for their success in meeting affordable housing objectives and requested that the Council consider a future workshop to discuss the city’s Sphere of Influence and annexation process. He specifically highlighted the need to rebalance the availability of residential land with light industrial and commercial space on the city's perimeter.
Vice Mayor Rohrbough provided an update on discussions between Sacramento RT and the Folsom Cordova Unified School District regarding the elimination of bus routes affecting approximately 190 students. She encouraged concerned residents to voice their priorities to the School Board, as the authority over these budget and transportation decisions rests with the district.
Councilmember Leary expressed appreciation for the success of the recent Railroad History event and shared insights from her attendance at the League of California Cities conference in Chico. She detailed her tour of a managed tiny home homeless shelter, noting the high operational costs but significant reduction in the local unhoused population, and suggested Folsom consider similar regional collaborations. Additionally, she thanked the Folsom Police Department and Jake’s Journey Home for their coordinated efforts in addressing a disruptive situation at Sheldon Park.
Councilmember Aquino extended a comprehensive thank you to the numerous city departments, local businesses, volunteers, and community partners who contributed to the success of the recent Railroad History event. She highlighted the involvement of Communications, Parks and Recreation, Public Works, the Library, and the Folsom History Museum, among others, in creating a positive and educational experience for the community.
Mayor Raithel concluded the reports by reflecting on the Railroad History event and the train ride to Sacramento. He announced that the Ad Hoc Charter Review Committee began its work the previous week, with upcoming public meetings scheduled for March 19 and April 1. The Mayor also commended the organizers of Folsom Tech Week for showcasing the local startup and tech community and offered congratulations to Officer McCullough on a recent promotion to Detective.
03/24/2026 Item No.3.
File 034-21 26-001
Folsom City Council Minutes
March 10, 2026
Draft- Not Official Until Approved by the City Council Page 6
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 7:44 p.m.
SUBMITTED BY:
_______________________________
Christa Freemantle, City Clerk
ATTEST:
______________________________
Justin Raithel, Mayor
03/24/2026 Item No.3.
Folsom City Council
Staff Report
1 MEETING DATE:
3/24/2026
AGENDA SECTION:
Consent Calendar
SUBJECT: Resolution No. 11576 - A Resolution Authorizing the City Manager to Execute an Agreement with Curtis Sorber dba the HVAC Nerd for HVAC System Improvements for $84,290 Funded from the Police Capital Improvement Fund (Fund 428) and the Folsom Plan Area Capital Improvement Fund (Fund 472) for the 1 Natoma Street Project (Project PD2501)
FROM: Police Department
RECOMMENDATION / CITY COUNCIL ACTION
The Police Department recommends the City Council pass and adopt Resolution No. 11576 - A Resolution Authorizing the City Manager to Execute an Agreement with Curtis Sorber dba the HVAC Nerd for HVAC System Improvements for $84,290 Funded from the Police Capital Improvement Fund (Fund 428) and the Folsom Plan Area Capital Improvement Fund (Fund 472) for the 1 Natoma Street Project (Project PD2501).
BACKGROUND / ISSUE
In May 2025, the City Council approved the purchase of 1 Natoma Street, an 8,148 square foot commercial building, to serve as permanent office space for the Police Department’s Neighborhood Services Unit and related police operations for $2,700,000. The building will also serve as office space for a portion of City Utilities operations once improvements have been completed.
As part of the acquisition, staff identified several building improvements necessary to ensure the facility is functional, safe, and properly configured for departmental use. Inspections confirm the existing heating and air conditioning system is nearing the end of its service life. Updating the HVAC system now with an improved and upgraded system will ensure reliability and prevent costly emergency failures.
03/24/2026 Item No.4.
2 In May 2025, the City Council authorized the Finance Director to appropriate $1,000,000 for improvements to 1 Natoma Street. The appropriation consists of 10 percent from the Police Capital Improvement Fund (Fund 428) and 90 percent from the Folsom Plan Area Capi tal Improvement Fund (Fund 472).
Since acquisition, the following major improvement expenditures have been made:
• Roof repair and maintenance: $9,380
• Flooring: $40,517.75
• Painting: $40,800
• Furnishings: $61,182.77
• Window tinting: $18,835
• Alarm and fire detection systems: $6,928.54
• Key card door systems: $19,491
Total expenditures to date are $203,910.78.
The remaining significant improvement is the construction of interior walls and doors to accommodate the City of Folsom Utilities Department. This work is currently under contract for $52,887 and will be funded by Utility resources.
Including the planned HVAC replacement, estimated at $84,290, the total projected cost for improvements is approximately $341,087.78.
This resolution will authorize the City Manager to execute an agreement with Curtis Sorber dba the HVAC Nerd for HVAC System improvements for $84,290 funded from the Police Capital Improvement Fund (Fund 428) and the Folsom Plan Area Capital Improvement Fund (Fund 472) for the 1 Natoma Street Project (Project PD2501).
POLICY / RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code, supplies, equipment, services, and construction with a value of $77,426 or greater shall be awarded by City Council. The City will dispose of surplus property in accordance with Section 2.36.220 of the Folsom Municipal Code.
ANALYSIS
The City completed plans and specifications for the HVAC System improvements for the 1 Natoma Street Project (Project PD2501) and publicly advertised in the Sacramento Bee for bids on February 2, 2026. In addition, the City provided these documents to www.publicpurchase.com and www.virtual-bid.com, which are picked up by several area builders’ exchanges , and posted information on the City of Folsom’s website. The Police Department received the following bids on February 26, 2026 for the HVAC System improvements for the 1 Natoma Street Project:
Contractor Bid Amount
Curtis Sorber dba The HVAC Nerd $84,290
03/24/2026 Item No.4.
3 SKI Air $116,800
ACCO Engineered Systems $127,139
LEED Mechanical $129,101
Nor-Cal Climate Control $131,850
EMCOR Energy Services – Mesa Energy $157,447
Cooper Oates Air Conditioning $157,567
B&M Civil LLC $189,000
Staff has reviewed the submitted bids and has determined that Curtis Sorber dba the HVAC Nerd is the lowest responsible and responsive bidder who meets the requirements and specifications set forth in the invitation for bids.
FINANCIAL IMPACT
The City Council approved Resolution No. 11381 on May 13, 2025 authorizing the purchase of 1 Natoma Street and the improvements and modifications necessary to meet the Police Department’s needs. The resolution also approved a project budget appropriation of $3,700,000, including $3,330,000 from the Folsom Plan Area Capital Improvement Fund (Fund 472) and $370,000 from the Police Capital Improvement Fund (Fund 428).
The Police Department recommends that the contract be awarded to the lowest responsible, responsive bidder, Curtis Sober dba the HVAC Nerd. If approved the agreement with Curtis Sorber, doing business as t he HVAC Nerd, would be in the amount of $ 84,290 for the HVAC System upgrade. A 10% project contingency of $8,429 is included, for a total project budget not to exceed $92,719. Of this amount, $83,447 would be funded from the Folsom Plan Area Capital Improvement Fund (Fund 472) and $9,272 from the Police Capital Improvement Fund (Fund 428).
Sufficient funds are budgeted and available within the 1 Natoma Street Project (Project PD2501) to cover the cost of the agreement.
ATTACHMENT
Resolution No. 11576 - A Resolution Authorizing the City Manager to Execute an Agreement with Curtis Sorber dba the HVAC Nerd for HVAC System Improvements for $84,290 Funded from the Police Capital Improvement Fund (Fund 428) and the Folsom Plan Area Capital Improvement Fund (Fund 472) for the 1 Natoma Street Project (Project PD2501)
Submitted,
Adam Green, Chief of Police
03/24/2026 Item No.4.
Attachment 1
03/24/2026 Item No.4.
Resolution No. 11576
RESOLUTION NO. 11576
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CURTIS SORBER DBA THE HVAC NERD FOR HVAC SYSTEM IMPROVEMENTS FOR $84,290 FUNDED FROM THE POLICE CAPITAL FUND (FUND 428) AND THE FOLSOM PLAN AREA CAPITAL IMPROVEMENT FUND (FUND 472) FOR THE 1 NATOMA STREET PROJECT (PROJECT PD2501)
WHEREAS, in May 2025, the City Council approved the purchase of 1 Natoma Street, an 8,148 square foot commercial building, to serve as permanent office space for the Police Department’s Neighborhood Services Unit and related police operations; and
WHEREAS, the HVAC system was inspected and determined to be nearing the end of its service life; and
WHEREAS, City desires to hire a company to update the entire HVAC system with an upgraded and improved system; and
WHEREAS, the City completed plans and specifications for the 1 Natoma Street Project and publicly advertised in the Sacramento Bee for bids on February 2, 2026; and
WHEREAS, staff has reviewed the submitted bids and has determined that Curtis Sorber dba the HVAC Nerd is the lowest responsible and responsive bidder who meets the requirements and specifications set forth in the invitation for bids; and
WHEREAS, sufficient funds are budgeted and available in the 1 Natoma Street Project to cover the cost of the agreement; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby authorizes the City Manager to execute an agreement with Curtis Sorber dba the HVAC Nerd for $84,290 with a 10% contingency of $8,429 included for a total project budget not to exceed $92,719 with $9,272 funded from the Police Capital Improvement Fund (Fund 428) and $83,447 funded from the Folsom Plan Area Capital Improvement Fund (Fund 472) for the HVAC System upgrade for 1 Natoma Street Project (Project PD2501)
PASSED AND ADOPTED this 24th day of March 2026, by the following roll-call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
03/24/2026 Item No.4.
Resolution No. 11576
____________________________________
Justin Raithel, MAYOR
ATTEST:
____________________________________
Christa Freemantle, CITY CLERK
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Folsom City Council
Staff Report
1 MEETING DATE:
3/24/2026
AGENDA SECTION:
Consent Calendar
ITEM TITLE: Resolution No. 11577 – A Resolution Authorizing the City Manager to Execute an Agreement with N&S Tractor Co. for $259,860.68 with $129,930.34 Funded from the Water Operating Fund (Fund 520) and $129,930.34 Funded from the Wastewater Operating Fund (Fund 530) for the Purchase of a Front Loader and Appropriation of Funds
FROM: Utilities Department
RECOMMENDATION / CITY COUNCIL ACTION
The Utilities Department recommends the City Council pass and adopt Resolution No. 11577 – A Resolution Authorizing the City Manager to Execute an Agreement with N&S Tractor Co. for $259,860.68 with $129,930.34 Funded from the Water Operating Fund (Fund 520) and $129,930.34 Funded from the Wastewater Operating Fund (Fund 530) for the Purchase of a Front Loader and Appropriation of Funds.
BACKGROUND / ISSUE
The Utilities Department recognizes the need to maintain a fleet of vehicles that will be able to provide reliable, efficient and responsive service. In coordination with the City of Folsom Fleet Division, current department vehicles are reviewed to assess expected service life and associated maintenance costs. This review identified that the Front Loader currently used by the Utility Maintenance Division has exceeded its expected service life in terms of age, mileage and ongoing maintenance costs, and is thus a high priority for replacement. This resolution will authorize the City Manager to execute an agreement for the purchase of a new Front Loader manufactured by Case Tractors, to replace this vehicle.
POLICY / RULE
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2 In accordance with Chapter 2.36 of the Folsom Municipal Code, supplies, equipment, services, and construction with a value of $77,426 or greater shall be awarded by City Council.
Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for the procurement of any supplies, equipment, service, or construction with one or more public procurement units in accordance with an agreement entered into or between the participants.
ANALYSIS
Utilities Department staff coordinate with the City of Folsom Fleet Division to review current department vehicles and equipment, to help identify priority vehicles for replacement based on service life, mileage and purpose. Based on this review, it was concluded that a high priority vehicle for replacement is the Utility Maintenance Division’s Front Loader, vehicle #929.
The Utility Maintenance Division has need of a Front Loader on a daily basis for loading trucks with backfill and spoil materials. This equipment is necessary for the division to complete the essential work of maintaining the City’s water and wastewater infrastructure.
Since it was purchased in 2005, the current front loader has completed more than 3,300 engine hours. Due to mechanical issues, which have limited use of the vehicle, and associated maintenance costs, a new front loader is required for efficient continuation of division operations.
The Utilities Department proposes transferring the current front loader (vehicle #929) to the Water Treatment Plant division. On multiple occasions throughout the year, the Water Treatment Plant division rents front loaders to complete essential tasks such as seasonal sludge clean up. Staff anticipate using the vehicle for less than 200 hours per year, and the ability to maintain vehicle #929 for this occasional light use . Transfer of vehicle #929 would therefore reduce operational costs by removing the need to rent equipment.
Utilities Department staff coordinated with the Fleet Division to obtain the attached quote from N&S Tractor Co. for a new Front Loader manufactured by Case Construction, for a total price of $259,860.68. N&S Tractor Co. is a local dealer for Case Construction, who has a current contract with Sourcewell, which is a national cooperative purchasing entity of which the City of Folsom is a member. The City has purchased numerous items and vehicles through Sourcewell.
The Utilities Department recommends that the City Council authorize the City Manager to execute an agreement with N&S Tractor Co. for the purchase of a Front Loader.
FINANCIAL IMPACT
N&S Tractor Co. has agreed to provide the required Front Loader for a total of $259,860.68. The cost of the vehicle will be divided equally between the Water Operating Fund (Fund 520) and in the Wastewater Operating Fund (Fund 530), in the amount of $129,930.34 per fund.
Sufficient funds are budgeted and available in Fund 520 in FY 2025-26 for this agreement. There is a total of $ 98,250 available in the FY 2025- 26 Wastewater Operating Budget (Fund 530) to
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3 replace sewer vehicles. Staff is requesting an appropriation in the amount of $31,750 in the Wastewater Operating Fund (Fund 530) for the purchase of the Front Loader.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act. (CEQA).
ATTACHMENTS
1. Resolution No. 11577 – A Resolution Authorizing the City Manager to Execute an Agreement with N&S Tractor Co. for $259,860.68 with $129,930.34 Funded from the Water Operating Fund (Fund 520) and $129,930.34 Funded from the Wastewater Operating Fund (Fund 530) for the Purchase of a Front Loader and Appropriation of Funds
2. Quote and specification from N&S Tractor Co. for the Front Loader
Submitted,
Marcus Yasutake, Director
UTILITIES DEPARTMENT
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Attachment 1
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Resolution No. 11577
RESOLUTION NO. 11577
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH N&S TRACTOR CO. FOR $259,860.68 WITH $129,930.34 FUNDED FROM THE WATER OPERATING FUND (FUND 520) AND $129,930.34 FUNDED FROM THE WASTEWATER OPERATING FUND (FUND 530) FOR THE
PURCHASE OF A FRONT LOADER AND APPROPRIATION OF FUNDS
WHEREAS, Utilities Department staff has validated the need to purchase a Front Loader based on an approved replacement schedule; and
WHEREAS, N&S Tractor Co. has agreed to sell a Front Loader manufactured by Case Construction for an amount not to exceed $259,860.68; and
WHEREAS, Case Construction has a current contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts; and
WHEREAS, the cost of the vehicle will be shared equally between the Water Operating Fund (Fund 520) and the Wastewater Operating Fund (Fund 530); and
WHEREAS, sufficient funds are budgeted and available in the Water Operating Fund (Fund 520) in the amount of $129,930.34; and
WHEREAS, an additional appropriation will be required in the Wastewater Operating Fund (Fund 530) for this purchase; and
WHEREAS, staff is requesting an appropriation in the Wastewater Operating Fund (Fund 530), in the amount of $31,750; and
WHEREAS, sufficient funds are available in the Wastewater Operating Fund (Fund 530) for the requested appropriation; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an Agreement with N&S Tractor Co. for $259,860.68 with $129,930.34 funded from the Water Operating Fund (Fund 520) and $129,930.34 funded from the Wastewater Operating Fund (Fund 530) for the Purchase of a Front Loader.
BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $31,750 in the Wastewater Operating Fund (Fund 530).
PASSED AND ADOPTED this 24
th day of March 2026, by the following roll-call vote:
AYES: Councilmember(s):
03/24/2026 Item No.5.
Resolution No. 11577
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
__________________________________
Justin Raithel, MAYOR
ATTEST:
______________________________
Christa Freemantle, CITY CLERK
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Attachment 2
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Folsom City Council
Staff Report
1 MEETING DATE:
3/24/2026
AGENDA SECTION:
Consent Calendar
ITEM TITLE: Resolution No. 11578 - A Resolution Authorizing the City Manager to Execute an Agreement for Maintenance of Shared Transportation Facilities Between the County of Sacramento and the City of Folsom
FROM: Public Works Department
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11578 – A Resolution Authorizing the City Manager to Execute an Agreement for Maintenance of Shared Transportation Facilities Between the County of Sacramento and the City of Folsom.
BACKGROUND / ISSUE
The City of Folsom and the C ounty of Sacramento share boundary lines and have transportation assets located along and across those boundaries, including roadway segments, medians, traffic signals, signage and striping, and related facilities . The agencies have historically provided maintenance and operations for these shared facilities, but desire to clearly delineate responsibilities going forward in a single, comprehensive agreement.
The attached agreement for maintenance of shared transportation facilities establishes which agency is responsible for normal routine maintenance of specific shared roadways (Exhibit A and Exhibit B), traffic signals (Exhibit C and Exhibit D), and the mapped limits of the shared facilities (Exhibit E sheets 1–3).
The agreement intends to assign maintenance responsibility “in a fair and equitable manner” . It would allow each agency to perform maintenance slightly beyond boundary lines and into the adjacent agency when necessary . It establishes coordination requirements , including advance notice for planned work that may cause closures or major traffic impacts.
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2 POLICY / RULE
Folsom Municipal Code assigns the City Council with authority to enter into agreements with other public agencies.
ANALYSIS
The agreement assigns responsibility for routine maintenance of identified shared transportation assets and describes the scope of maintenance for common asset types including pavement, curb, gutter and sidewalk, drainage cross -culverts, sweeping and debris cleanup, landscaping within medians, roadway signs, markings and striping, traffic signal operations and maintenance, streetlights, hazardous materials response and abatement, and emergency/after -hours responses.
The agreement also confirms there will be no routine transfer of funds between agencies for the work assigned under the agreement; each agency bears the cost of its assigned responsibilities, including utilities and emergency response.
• Exhibit A identifies shared roadway segments that are assigned to the C ounty of Sacramento for maintenance, totaling 24,790 feet of roadway within C ity boundaries assigned to the C ounty. These roadways include Santa Juanita Road, Central Avenue, Orangevale Avenue, Folsom Boulevard, and Prairie City Road between 595’ south of the Eastbound US50 offramp and 980’ north of White Rock Road.
• Exhibit B identifies shared roadway segments that are assigned to the C ity of Folsom for maintenance, totaling 24,205 feet of roadway within C ounty boundaries assigned to the city. These roadways include Madison Avenue, Greenback Lane, Oak Ave nue Parkway, Folsom Boulevard, Prairie City Road, approximately between Westbound US50 and Alder Creek Bridge ( 595’ south of Eastbound US50 Offramp) , Scott Road, and White Rock Road.
• Exhibit C assigns three (3) signalized intersections to the County, totaling 1.25 “equivalent signals” within City boundaries assigned to the County. These intersections are located at Greenback Lane and Madison Avenue, Folsom Boulevard and Aerojet Road, and Folsom Boulevard and Auto Mall Circle/Birkmount Avenue.
• Exhibit D assigns seven (7) signalized intersections to the City, two of which are future planned signals, and two of which are under a separate agreement with Caltrans, totaling
1.00 “equivalent signals” within C ounty boundaries assigned to the C ity. These intersections are located at Greenback Lane and American River Canyon Drive, White Rock Road and Oak Avenue, and White Rock Road and East Bidwell Street. The two identified future signals will be located at White Rock Road and Savannah Parkway, and at White Rock Road and Empire Ranch Road. The two Caltrans maintained s ignals are located at the Folsom B oulevard and US50 Eastbound Off ramp, and at the Prairie City Road and US50 Eastbound Offramp.
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3 The agreement requires advance coordination, generally at least ten business days , for planned work that could create detours, closures, or severe congestion; and it includes provisions for emergency response and hazardous materials and biohazard response on assigned facilities.
The draft agreement has been reviewed and approved by both agencies’ legal teams for consideration by their respective governing bodies.
FINANCIAL IMPACT
There is no direct fiscal impact associated with the execution of this maintenance agreement.
ENVIRONMENTAL REVIEW
Approval of the joint facility agreement is an administrative action that designates ongoing operations and routine maintenance responsibilities between public agencies for existing public facilities. It does not approve, fund, or authorize any specific construction project s or physical changes to the environment. Therefore, the action is not a project under the C alifornia Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15378.
To the extent any maintenance activities occur under the agreement, they consist of routine repair and maintenance of existing public facilities and are categorically exempt under CEQA guidelines section 15301. Any future capital improvements or projects involving new construction would be reviewed separately under CEQA as required.
ATTACHMENTS
1. Resolution No. 11578 – A Resolution Authorizing the City Manager to Execute an Agreement for Maintenance of Shared Transportation Facilities Between t he County of Sacramento and the City of Folsom
2. Exhibits A through E3 – Matrix and Map of Shared Transportation Facilities
3. Final Draft Joint Facilities Agreement
Submitted,
_________________________________________________________________ Rebecca Neves, PUBLIC WORKS DIRECTOR/CITY ENGINEER
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Attachment 1
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Resolution No.11578
RESOLUTION NO. 11578
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR MAINTENANCE OF SHARED TRANSPORTATION FACILITIES BETWEEN THE
COUNTY OF SACRAMENTO AND THE CITY OF FOLSOM
WHEREAS, the City of Folsom and the County of Sacramento share boundary lines and have transportation assets located along and across those boundaries, including roadway segments, medians, traffic signals, signage, and striping; and
WHEREAS, the agencies desire to clearly delineate maintenance and operations responsibilities for these shared facilities in a single, comprehensive agreement to assign responsibility in a fair and equitable manner; and
WHEREAS, the agreement establishes specific responsibilities for shared roadways, traffic signals, and mapped limits as identified in Exhibits A through E3 to the agreement; and
WHEREAS, the Folsom Municipal Code assigns the City Council with authority to enter into agreements with other public agencies; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the City Manager is hereby authorized to execute an Agreement for Maintenance of Shared Transportation Facilities between the County of Sacramento and the City of Folsom.
PASSED AND ADOPTED this 24
th day of March, 2026, by the following roll-call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
___________________________________
Justin Raithel, MAYOR
ATTEST:
____________________________________
Christa Freemantle, CITY CLERK
03/24/2026 Item No.6.
Attachment 2
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I.D.
Number
NAME OF
ROADWAY
MAP
PAGE(S) DESCRIPTION OF ROADWAY
ROADWAY
LENGTH
(FT)
# LANES
WITHIN
COUNTY
# LANES
WITHIN
CITY
LENGTH
TOTAL
(LF) COUNTY
LENGTH
TOTAL
(LF) CITY
A1 Santa Juanita Road 1 Oak Avenue to 5175 feet north of Oak Avenue (At the bend to E/W) East portion in City of Folsom - West portion in Unincorporated County 5,175 1 1 5,175 5,175 A2 Central Avenue 1 400 feet west of Santa Juanita Avenue to 255 feet east of Placer Mine Road South portion in City of Folsom - North portion in Unincorporated County. 980 1 1 980 980 A3 Orangevale Avenue 1 225 feet east of Stroup Lane to 430 feet west of Stroup Lane South portion in City of Folsom - North portion in Unincorporated County. 655 1 1 655 655 A4 Folsom Boulevard 2 Aerojet Road to 940 feet east of Birkmont Drive North portion in City of Folsom - South portion in Unincorporated County 3,100 2.5 2.5 7,750 7,750 A5 Folsom Boulevard 2 940 feet east of Birkmont Drive to 300 feet West of SR 50 (E/B Folsom Blvd Off Ramp) North portion in City of Folsom - South portion in Unincorporated County 500 3 3 1,500 1,500 A6 Prairie City Road 2 & 3 595 feet south of SR 50 (E/B Off Ramp) to 980 feet north of White Rock Road East portion in City of Folsom - West portion in Unincorporated County 8,730 1 1 8,730 8,730 24,790
MAINTENANCE OF TRANSPORTATION FACILITIES BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF FOLSOM
EXHIBIT A
ROADWAYS ASSIGNED TO THE COUNTY OF SACRAMENTO
TOTAL LENGTH (FT) OF ROADWAY WITHIN CITY BOUNDARIES ASSIGNED TO COUNTY =
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I.D.
Number
NAME OF
ROADWAY
MAP
PAGE(S) DESCRIPTION OF ROADWAY
ROADWAY
LENGTH
(FT)
# LANES
WITHIN
COUNTY
# LANES
WITHIN
CITY
LENGTH
TOTAL
(LF) COUNTY
LENGTH
TOTAL
(LF) CITY
B1 Madison Avenue 1 1,420 feet east of Main Avenue to Lake Natoma Drive North portion in City of Folsom - South portion in Unincorporated County 1,425 3 3 4,275 4,275 B2 Greenback Lane 1 Lake Natoma Drive to 355 ft east of American River Canyon Drive North portion in City of Folsom - South portion in Unincorporated County 1,615 3 3 4,845 4,845 B3 Oak Avenue Parkway 1 Santa Juanita Avenue to 590 feet east of Santa Juanita Avenue North portion in City of Folsom - South portion in Unincorporated County. 590 2 2 1,180 1,180 B4 Folsom Boulevard 2 300 feet west of SR 50 (E/B Folsom Blvd Off Ramp) to 1150 feet north (City Boundary) West portion in City of Folsom - East portion in Unincorporated County 1,150 3 3 3,450 3,450 B5 Prairie City Road 2 & 3 595 feet south of SR 50 (E/B Off Ramp) to 225 feet south of SR 50 (W/B Off Ramp) East portion in City of Folsom - West portion in Unincorporated County 1,025 2 2 2,050 2,050 B6 Scott Road 2 & 3 1,120 feet east of Prairie City Road to 1,580 feet east of Prairie City Road All within Unincorporated County 460 2 0 920 0
B7 White Rock Road 3 160 feet west of Scott Road to 3,650 feet east of East Bidwell Street North portion in City of Folsom - South portion in Unincorporated County 11,940 0 4 0 47,760 B8 White Rock Road 3 3,650 feet east of East Bidwell street to 1,120 feet east of Empire Ranch Road North portion in City of Folsom - South portion in Unincorporated County 7,485 1 1 7,485 7,485 24,205
EXHIBIT B
ROADWAYS ASSIGNED TO THE CITY OF FOLSOM
MAINTENANCE OF TRANSPORTATION FACILITIES BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF FOLSOM TOTAL LENGTH (FT) OF ROADWAY WITHIN COUNTY BOUNDARIES ASSIGNED TO CITY =
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ID NUMBER NAME OF ROADWAYS INTERSECTING MAP PAGE(S) CITY OWNERSHIP COUNTY OWNERSHIP STATE OWNERSHIP C1 Greenback Lane and Madison Avenue 1 50% 50% 0%
C2 Folsom Boulevard at Aerojet Road 2 25% 75% 0%
C3 Folsom Boulevard at Auto Mall/Birkmont 2 50% 50% 0%
TOTAL SIGNALS = 3 1.25
EXHIBIT C
MAINTENANCE OF TRANSPORTATION FACILITIES BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF FOLSOM
TRAFFIC SIGNALS ASSIGNED TO THE COUNTY OF SACRAMENTO
TOTAL EQUIVALENT SIGNALS WITHIN CITY BOUNDARIES ASSIGNED TO COUNTY =
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ID NUMBER NAME OF ROADWAYS INTERSECTING MAP PAGE(S) CITY OWNERSHIP COUNTY OWNERSHIP STATE OWNERSHIP D1 Greenback Lane at American River Canyon Drive 1 67% 33% 0% D2 Folsom Boulevard at SR 50 (E/B Off Ramp) 2 33% 33% 34% D3 Prairie City Road at SR 50 (E/B Off Ramp) 2 & 3 33% 33% 34% D4 White Rock Road at Oak Avenue Parkway 3 100% 0% 0%
D5 White Rock Road at East Bidwell Street 3 100% 0% 0%
D6 White Rock Road at Savannah Parkway (FUTURE) 3 100% 0% 0% D7 White Rock Road at Empire Ranch Road (FUTURE) 3 100% 0% 0% TOTAL SIGNALS = 7 1.00
EXHIBIT D
MAINTENANCE OF TRANSPORTATION FACILITIES BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF FOLSOM
TRAFFIC SIGNALS ASSIGNED TO THE CITY OF FOLSOM
TOTAL EQUIVALENT SIGNALS WITHIN COUNTY BOUNDARIES ASSIGNED TO CITY =
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Attachment 3
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County of Sacramento Contract No. 81570
City of Folsom Contract No.
AGREEMENT FOR
MAINTENANCE OF SHARED TRANSPORTATION FACILITIES
BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF FOLSOM
This Agreement for Maintenance of Transportation Facilities between the County of Sacramento and the City of Folsom (“Agreement”) is made and entered into this ________day of _____________________, 2026, by and between the County of Sacramento, a political subdivision of the State of California (“COUNTY”), and the City of Folsom, a municipal corporation organized and existing under the laws of the State of California (“CITY”).
BACKGROUND
A. COUNTY and CITY share boundary lines and have ownership of various facilities within those boundary lines such as bridges, roads, landscape areas, street lights, markings and traffic signals.
B. COUNTY and CITY have furnished transportation-related Maintenance and Operation services for such facilities in the absence of an executed facility agreement approved by their respective governing bodies.
C. COUNTY and CITY desire to delineate their respective responsibilities and obligations with respect to Maintenance of the facilities as designated in this Agreement.
D. This Agreement shall not prohibit either party from separately contracting with the other to perform Maintenance for street segments identified as joint Maintenance responsibilities.
E. The purpose of this Agreement is to assign Maintenance responsibility of assets in a fair and equitable manner.
F. COUNTY and CITY desire to enter into this Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereafter set forth, the COUNTY and CITY hereby agree as follows:
1. INCORPORATION OF BACKGROUND
The forgoing Background is incorporated by reference.
2. ASSIGNMENT OF ROADS FOR MAINTENANCE RESPONSIBILITY
a. Assigned agencies are each responsible for Normal Routine Maintenance (“Maintenance”) of the transportation facilities as further described in this Agreement.
b. When necessary to perform Maintenance, or hazardous materials response and abatement, the assigned agency may perform any such activities past the assigned boundary lines.
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County of Sacramento Contract No. 81570
City of Folsom Contract No.
c. Except for emergency response and closures, e ach agency is responsible for adv ising the other agency at least ten (10) business days in advance of any detours, road closures, and severe traffic congestion that may occur as a result of Maintenance activities specified in this Agreement for assigned assets.
d. Based on the balanced percentage of Maintenance work between assigned agencies, there shall be no transfer of funds between agencies for the cost of conducting Maintenance under this Agreement. Assigned agencies are fully responsible for all costs associated with their respective activities under this Agreement. This includes all costs associated but not limited to: Maintenance; utility bills; emergency response during and after work hours; and hazardous materials and abatement response.
e. To assure protection of public safety and/or to return an asset(s) to a condition acceptable to both agencies, due to the lack of Maintenance by the assigned agency, Section 19-b may be applied.
f. The assignment of Maintenance responsibility for Maintenance of new asset(s) can only be added to this Agreement by way of an approved amendment between agencies.
g. A separate project level Agreement is required for all work performed on shared facilities that affect both agencies and fall outside the scope of Maintenance and Operations as defined by this Agreement.
3. BRIDGE MAINTENANCE
a. It is the responsibility of each agency to provide Maintenance for bridges within their respective right-of-way.
4. GUARDRAIL MAINTENANCE
a. It is the responsibility of each agency to provide guardrail Maintenance for roadside areas within their respective right-of-way.
b. Assigned agencies are responsible for Maintenance of existing guardrails located in the medians specified in Exhibits A and B.
c. Maintenance of guardrails includes repairing or replacing damaged guardrail in kind.
d. Maintenance of guardrails does not include upgrades or new designs.
5. PAVEMENT MAINTENANCE
a. Assigned agencies are responsible for the Maintenance of pavement specified in Exhibits A and B.
b. Maintenance of pavement includes but is not limited to : the repair of potholes and base failures; providing patch work; and sealing of pavement cracks.
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County of Sacramento Contract No. 81570
City of Folsom Contract No.
c. Maintenance of pavement does not include the resurfacing of streets (i.e. overlays, slurry seals or work similar to those listed); and repair of base failures or sealing of pavement cracks on a large scale such as preparing for street resurfacing projects.
6. CURB, GUTTER, AND SIDEWALK MAINTENANCE
a. It is the responsibility of each agency to provide curb, gutter, and sidewalk Maintenance when not the responsibility of an adjacent property owner for roadside areas within their respective right-of-way.
b. Assigned agencies are responsible for providing curb, and gutter Maintenance for medians within roadways specified in Exhibits A and B.
Assigned agencies are also responsible for providing shoulder backing Maintenance for Class C roadways.
7. ROADSIDE DRAINAGE DITCH AND CROSS-CULVERT MAINTENANCE a. It is the responsibility of each agency to provide roadside drainage ditch Maintenance for roadside areas within their respective right-of-way.
b. Assigned agencies are responsible for providing cross -culvert drainage Maintenance within roadways specified in Exhibits A and B.
c. Maintenance of cross -culverts includes but is not limited to the cleaning of debris from culvert pipes that cross streets to allow water flow between roadside drainage ditches. It does not include structural repairs to the cross-culvert(s).
8. STREET SWEEPING AND LITTER REMOVAL
a. It is the responsibility of each agency to provide sweeping , leaf pick-up, and removal of illegal dumping for roadside areas within their respective right-of-way.
b. Assigned agencies are responsible for providing emergency street sweeping , litter and debris removal for roadways specified in Exhibits A and B.
9. LANDSCAPE MAINTENANCE
a. It is the responsibility of each agency to provide landscape maintenance for roadside areas within their respective right-of-way.
b. Assigned agencies are responsible for Maintenance of the landscape and hardscape within medians specified in Exhibits A and B.
c. The Maintenance area will consist of all landscaped and hardscaped medians which have planting or hardscape improvements.
d. Maintenance of medians includes but is not limited to Maintenance of landscaped areas and hardscaped areas. The Maintenance will include : plant care, grounds Maintenance, arboriculture care, weed removal and abatement, debris removal, plant material replacement, irrigation management, irrigation operation, irrigation repair, pest and disease
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County of Sacramento Contract No. 81570
City of Folsom Contract No.
control, mulching, fertilization, mowing and horticultural practices consistent with the industry and as stated in this agreement. This also includes the Maintenance of fencing on the medians, if any.
e. All landscaping work performed by assigned agencies must meet the intent of the most current standards for tree s, shrubs, and other woody plant Maintenance published by the American National Standards Institute, and COUNTY standards.
10. TRAFFIC SIGN MAINTENANCE
a. It is the responsibility of each agency to provide Maintenance of traffic signs for roadside areas within their respective right-of-way.
b. Assigned agencies are responsible for Maintenance of traffic signs within medians, and signalized intersections specified in Exhibits A, B, C and D. This also includes all advanced signs pertaining to assigned intersection signs on roadways specified in Exhibits C and D.
c. Maintenance of traffic signs includes, but is not limited to, repairing or replacing existing signs and object markers as defined in the California Manual on Uniform Traffic Control Devices ( CAMUTCD). Street name signs will follow the design standards of the agency that owns the right -of-way of the sign location.
Maintenance does not include placement of proposed new signs, nor does it include the placement and/or Maintenance of signs for advertisements, or other notices.
d. In case of emergency road closures, the assigned agency is responsible for the placement and removal of road and/or lane closure signs on assigned roadways.
11. TRAFFIC MARKINGS AND STRIPING MAINTENANCE
a. Assigned agencies are responsible for Maintenance of existing traffic striping and markings for roadways specified in Exhibits A, B, C and D.
b. Maintenance of traffic striping and markings includes repairing or replacing existing striping and markings in kind. It does not include placement of proposed new striping and markings on assigned roadways.
12. TRAFFIC SIGNAL OPERATION AND MAINTENANCE
a. Assigned agencies are responsible for Operation (“Operations”) and Maintenance of signalized intersections specified in Exhibits C and D.
b. Operation and Maintenance of traffic signals includes, but is not limited to: maintaining the system in serviceable condition; signal lamp replacement; periodic inspection; repair and/or replacement of equipment, cables, and wires associated with traffic signal control, intersection safety lighting, detection devices, video surveillance, emergency vehicle preemption, and
03/24/2026 Item No.6.
County of Sacramento Contract No. 81570
City of Folsom Contract No.
interconnect communication; controller cabinet Maintenance; Underground Service Alert (USA) marking of all underground lines associated with the traffic signal; and traffic signal timing.
c. Between the parties to this Agreement, assigned agencies are responsible for the total labor and material costs associated with replacing or repairing damaged traffic signal cabinets and poles due to incidents such as vehicle accidents. Nothing in this Agreement is intended to prohibit an assigned agency from seeking restitution for labor and/or material costs associated with replacing or repairing damaged traffic signal cabinets or poles from third parties.
d. Overhead street name signs hanging from traffic signal mast arms shall be maintained by the agency assigned to the intersections. Overhead street name signs requiring replacement shall be fabricated and installed by the assigned agency using their design standards. Standard street name signs (not overhead) shall be “Maintained” as described in Section 10 “Traffic Sign Maintenance”.
13. STREET LIGHT MAINTENANCE
It is the responsibility of each agency to provide street light maintenance for those facilities which the agency collects revenues to maintain, including street and safety lights on any roads specified in Exhibits A and B.
14. HAZARDOUS MATERIALS RESPONSE
a. Assigned agency is responsible for providing hazardous materials response and abatement (“HMRA”) for roadways specified in Exhibits A, B, C and D. This includes Bio-Hazard response such as needles, human feces, blood and vomit abatement.
b. The assigned agency will perform HMRA of each incident in its entirety in accordance with all applicable laws and regulations.
c. The assigned agency will advise the other agency as soon as practicable of any detours, road closures, severe traffic congestion, or excavations that may affect the other agency as a result of HMRA activities.
15. EMERGENCY AND AFTER HOURS RESPONSES
a. Assigned agencies are responsible for providing emergency and after hours responses on assigned roadways and facilities specified in Exhibits A, B, C and D both during work hours and after work hours.
b. The assigned agency will perform Maintenance as deemed necessary to correct the problem or render the scene safe until proper Maintenance can be performed such as but not limited to unplugging a clogged drainage inlet or a plugged driveway culvert.
c. The assigned agency will advise the other jurisdiction as soon as practicable of any detours, road closures, severe traffic congestion, or excavations that may affect the other agency as a result of emergency response activities.
03/24/2026 Item No.6.
County of Sacramento Contract No. 81570
City of Folsom Contract No.
16. ADVANCE COOPERATION, MEDIA ALERT AND PUBLIC NOTIFICATIONS a. Assigned agencies are responsible for notifying each other at least ten (10) business days in advance of any scheduled Maintenance and cooperatively working out a traffic plan to minimize traffic delays, severe traffic congestion, detours, and road closures that may be caused as a result of any such work.
b. The primary contact information for each agency is as follows:
COUNTY:
The Right-of-Way Management Section
Dept. of Transportation
4111 Branch Center Road
Sacramento, CA 95827
Customer Service Center:
Telephone: (916) 875-5171
FAX: (916) 875-5363
Email: [email protected]
CITY:
Public Works Department
City of Folsom
Address: 50 Natoma Street, Folsom, CA
Customer Service Center:
Telephone : (916) 461-6700
Email: [email protected]
17. ENCROACHMENT PERMITS
It is each agency’s responsibility to issue and inspect encroachment permits within its jurisdiction. If the encroachment(s) affects both agencies on a shared roadway, the encroachment permit must be coordinated between the two agencies for review, approval and inspection.
For the purposes of this Agreement, when responsible agencies perform routine maintenance on shared assets as defined in this Agreement, an encroachment permit is not required.
18. GENERAL SERVICE PLANS AND AS–BUILT PLANS
Both agencies will share general service plans and as -built plans on assigned assets for Maintenance, if requested by the other.
19. OWNERSHIP, CONTROL AND SUPERVISION
a. Notwithstanding the Maintenance, repairs and operational functions performed by either agency in the jurisdiction of the other, each agency retains full ownership, control and supervision of the roadways and facilities within its jurisdiction. The Agreement does not transfer roadways or roadway facility ownership , control, or supervision from one agency to the other.
b. If either agency becomes aware of a need for urgent or emergency Maintenance, repair, or operations modification to any existing shared asset which is subject to this Agreement, such agency shall immediately notify the other in writing to correct the problem. If the assigned agency does not correct the problem within a reasonable time frame requested in writing, the other agency may perform the necessary work to either assure pr otection of public safety and/ or return the shared asset(s) to a condition acce ptable to both agencies.
The assigned agency will be invoiced accordingly for any such work performed by the other agency.
03/24/2026 Item No.6.
County of Sacramento Contract No. 81570
City of Folsom Contract No.
20. DISPUTES
In the event of any dispute arising out of or relating to this Agreement, the agencies will attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved by mutual Agreement, nothing herein will preclude either agency’s right to pursue remedy or relief by civil litigation, pursuant to the laws of the State of California.
21. PRIOR AGREEMENTS
This Agreement constitutes the entire contract between assigned agencies regarding the subject matter of this Agreement. Any prior Agreements, whether oral or written, between assigned agencies regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement.
22. INVOICE AND PAYMENT
Each agency shall bear the costs of its assigned responsibilities for Maintenance and for emergency response, and HMRA as described in this Agreement.
23. TERM
This Agreement is effective and commences as of the date first written above and shall remain in effect until terminated in accordance with the Termination provision of this Agreement.
24. TERMINATION
Either agency may terminate this Agreement for any reason and without cause during the term thereof by providing 180-days prior written notice of such termination to the other agency.
25. ADMINISTRATION
The CITY’s Public Works Director shall administer this Agreement on behalf of the CITY and the COUNTY’s Director of the Department of Transportation shall administer the Agreement on behalf of COUNTY.
26. MAINTENANCE OF RECORDS AND AUDITS
Assigned agencies will maintain adequate financial records during the term of this Agreement to document its costs of providing Maintenance services pursuant to this Agreement. Each party will make their records available for inspection and audit by the other party upon reasonable notice. Pursuant to Government Code Section 8546.7, CITY and COUNTY Records will be subject to examination and audit by the State Auditor for a period of three (3) years after final payment pursuant to this Agreement. CITY and COUNTY will retain all records relating to the performance of this Agreement for this three (3) year period, except that records pertaining to any audit then in progress, or any claims or litigation, will be retained beyond such three (3) year period until final resolution of such audit, claim or litigation.
27. INDEMNIFICATION
a. CITY shall defend, indemnify and hold harmless COUNTY, its Board of Supervisors, officers, directors, agents, employees, subcontractors and volunteers from and against all demands, claims, actions, liabilities, losses, damage s, and costs, including payments of reasonable attorneys’ fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of CITY’s C ity Council, officers, directors, agents, employees, subcontractors, or volunteers.
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County of Sacramento Contract No. 81570
City of Folsom Contract No.
b. COUNTY shall defend, indemnify, and hold harmless CITY, its CITY Council, officers, directors, agents, employees, subcontractors and volunteers from and against all demands, claims, actions, liabilities, losses, damages and costs, including payments of reasonable attorneys’ fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of the COUNTY’s Board of Supervisors, officers, directors, agents, employees, subcontractors, or volunteers.
c. It is the intention of COUNTY and CITY that the provisions of this paragraph be interpreted to impose on each party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers, COUNTY’s Board of Supervisors, CITY’s City Council and CITY’s and COUNTY’s subcontractors. It is also the intention of the COUNTY and CITY that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, COUNTY’s Board of Supervisors, CITY’s City Council, and their subcontractors.
28. INSURANCE
Each agency, at its sole cost and expense, shall carry insurance – or self-insure – its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self - insurance to cover its potential liabilities hereunder. Each agency agrees to provide the other thirty (30) days’ advance written notice of any cancellation, termination or lapse of any of the insurance or self - insurance coverages.
29. GOVERNING LAWS AND JURISDICTION
This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.
30. ASSIGNMENT
Neither party hereto shall assign, or transfer any interest in this Agreement hereunder, without the prior written consent of the other party, and no assignment shall be of any force or effect whatsoever unless and until the other party furnishes such consent in writing, signed by both parties to this Agreement.
31. AMENDMENTS
This Agreement may be modified or amended, or any of its provision waived, only by a subsequent written amendment executed by each of the parties hereto.
32. CONSTRUCTION AND INTERPRETATION
It is agreed and acknowledged by the parties hereto that the provisions of this Agreement have been arrived at through negotiation, and that each of the parties has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
33. WAIVER
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County of Sacramento Contract No. 81570
City of Folsom Contract No.
The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or other matter.
34. SEVERABILITY
The invalidity, illegality or unenforceability or any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal, provided that such invalidity does not materially affect the respective rights and obligations of the parties.
35. SUCCESSORS AND ASSIGNS
This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto, provided that the required consent has been obtained pursuant to Section 30 above.
36. NOTICE
Any notice, demand, request consent, or approval that either party hereto may, or is required to, give the other shall be in writing and shall be deemed to have been received three (3) days after being deposited in the United States mail, first class postage prepaid, and addressed as follows:
TO COUNTY: TO CITY:
Attn: Director of Transportation Attn: Public Works Director Department of Transportation City of Folsom
County of Sacramento 50 Natoma Street
4111 Branch Center Road Folsom, CA 95630
Sacramento, CA 95827
Either party hereto shall have the right to serve any notice by personal delivery. Any change of address shall be made by giving fifteen (15) days advance written notice to the other party.
37. AUTHORITY TO EXECUTE
Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement. Each agency represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized.
38. COUNTERPARTS
This Agreement may be executed in counterparts. The Agreement shall be deemed executed when it has been signed by both parties.
(SIGNATURE PAGE FOLLOWS)
03/24/2026 Item No.6.
County of Sacramento Contract No. 81570
City of Folsom Contract No.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day of the year first written above.
CITY OF FOLSOM, A Municipal Corporation:
________________________________________
Date
______________________________________
Bryan Whitemyer, City Manager
ATTEST:
________________________________________
Christa Freemantle, City Clerk Date
FUNDING AVAILABLE:
______________________________________
Stacey Tamagni, Finance Director Date
ORIGINAL APPROVED AS TO CONTENT:
________________________________________
Rebecca Neves Public Works Director/City Engineer
Date
ORIGINAL APPROVED AS TO FORM:
______________________________________
Sari Myers Dierking, Interim City Attorney
Date
COUNTY OF SACRAMENTO, a political subdivision of the State of California Dated:
By
Ron E. Vicari, Director
Department of Transportation
Agreement approved by the Board of Supervisors
with authority delegated
to the Director to sign:
Agenda Date: _________________________
Item No. Resolution No. _________
(4/5th Vote)
REVIEWED AND APPROVED BY COUNTY COUNSEL:
By
Amanda McDermott, Deputy County Counsel
03/24/2026 Item No.6.
Folsom City Council
Staff Report
1 MEETING DATE:
3/24/2026
AGENDA SECTION:
Consent Calendar
ITEM TITLE: Resolution No. 11583- A Resolution of the City Council Authorizing the Mayor to Execute an Amendment to the
Employment Agreement for the City Manager
FROM: City Attorney's Office
UPDATED STAFF REPORT
RECOMMENDATION / CITY COUNCIL ACTION
Staff respectfully recommends that the City Council approve Resolution No. 11583 - A Resolution of the City Council Authorizing the Mayor to Execute an Amendment to the Employment Agreement for the City Manager
BACKGROUND / ISSUE
The City Manager was appointed to his position effective March 10, 2025. The City Manager’s contract provides for an annual evaluation of the City Manager’s performance.
The City Council met in Closed Session on March 10, 2026 to discuss the City Manager’s performance over the past year. Following his evaluation, this item is agendized in open session for the Council to consider an increase in compensation for the City Manager.
POLICY / RULE
The City Manager is appointed by the City Council pursuant to Section 3.01 of the City Charter.
The salary of the City Manager is determined by the City Council commensurate with the responsibilities of the position. (City Charter, Section 3.01(D).)
03/24/2026 Item No.7.
2 ANALYSIS
The City Manager received a favorable performance e valuation for the period of March 2025 to March 2026, with the Mayor reporting that his perfo rmance during that period exceeded expectations.
The City Manager’s is currently at Step 5 in the Ci ty Manager salary range which is $319,296 annually. Consistent with the results of the evalua tion, it is recommended that the City Manager receive a salary increase to Step 6 of the Salary Schedule, $332,072 annually.
Aside from the salary adjustment, all other terms i n the City Manager’s employment agreement pertaining to employment and benefits would remain the same. This matter appears in open session in order for the City Council to authorize the Mayor to execute an amendment to the employment agreement for the City Manager.
The adoption of this Resolution complies with the regulations of the California Public Employees’ Retirement System and SB 1436 (relevant portions co dified in Government Code section 54953(d)(3)) in that the legislative body (i.e., the City Council) shall receive an oral report on the changes in salaries, salary schedules or compensation paid in the form of fringe benefits of a “local agency executive”, as defined in Government Code Se ction 3511.1(d). The only “local agency executive” covered by this Resolution is the City M anager, and the salary change for the City Manager, as approved by the City Council in open se ssion, will be announced in open session, reflected in the meeting minutes, and memorialized in a contract amendment. The City Manager’s deferred compensation and all fringe benefits remai n the same, and as reported orally in open session, are shown in Attachment 2.
FINANCIAL IMPACT
Funding for the City Manager’s salary and benefits was included in the Fiscal Year 2025-2026 budget in the General Fund (Fund 010). The increase will be absorbed in the General Fund for the remainder of this fiscal year and will be included in the proposed budget for Fiscal Year 2026- 2027.
ENVIRONMENTAL REVIEW
This action is not considered a project under Section 15061(b)(3) of the California Environmental Quality Act Guidelines, and as such is exempt from environmental review.
03/24/2026 Item No.7.
3 ATTACHMENTS
1. Resolution No. 11583– A Resolution of the City Coun cil Authorizing the Mayor to Execute an Amendment to the Employment Agreement for the City Manager
2. Current Employment Agreement for the City Manager
Respectfully submitted,
Sari Dierking, Interim City Attorney
03/24/2026 Item No.7.
Attachment 1
03/24/2026 Item No.7.
Resolution No. 11583
RESOLUTION NO. 11583
A RESOLUTION OF THE CITY COUNCIL
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
EMPLOYMENT AGREEMENT FOR THE CITY MANAGER
WHEREAS, the City Council is required by the Folsom City Ch arter to appoint a City Manager through the mechanism of an employment agre ement to serve as the Chief Executive Officer of the City; and
WHEREAS, the City Council approved an Employment Agreement for the City Manager (“Agreement”) at its regular meeting on January 14, 2025; and
WHEREAS, Section 6 of the Agreement calls for annual perform ance evaluation of the City Manager; and
WHEREAS, the City Council met in closed session as authorize d by the Brown Act on March 10, 2026 to conduct a performance evaluation of the City Manager; and
WHEREAS , following the City Manager’s performance evaluati on, the City Council desires to adjust the City Manager’s compensation; and
WHEREAS , the Interim City Attorney has prepared an amendment to the City Manager’s Employment Agreement, attached hereto as Attachment 1, addressing only the updated salary terms without changing any other provisions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the Mayor is hereby authorized to execute Amen dment No. 1 to the Employment Agreement for the City Manager as shown in Attachment 1 attached to this Resolution.
PASSED AND ADOPTED this 24 day of March, 2026, by the following roll-call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
__________________________________
Justin Raithel, MAYOR
ATTEST:
______________________________
Christa Freemantle, CITY CLERK
03/24/2026 Item No.7.
Resolution No. 11583
Resolution No. 11583 - Attachment 1
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT FOR THE CITY MANAGER
This Amendment No. 1 to the Employment Agreement for the City Manager (referred to herein as “the Agreement”) is made and entered into this ___ day of March, 2026, as provided for in Section 17 of the Agreement and for all purposes, including calculation of pay and benefits, is effective as of _____________, 2026.
Exhibit A of the Agreement is hereby modified to r eflect Employee’s base salary to be $332,072 per year.
Except as amended herein, all other provisions of the Agreement shall remain in full force and effect.
Approved and Authorized: ______________________ _______ Justin Raithel, Mayor
For the City of Folsom – Employer
Accepted and Agreed to: _______________________ _______ Bryan Whitemyer
Employee – City Manager
Approved as to Form: _________________________ _____ Sari Dierking
Interim City Attorney
Attest: ______________________________
Christa Freemantle
City Clerk
###
03/24/2026 Item No.7.
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03/24/2026 Item No.7.
Folsom City Council
Staff Report
1 MEETING DATE:
3/24/2026
AGENDA SECTION:
Public Hearing
ITEM TITLE: Zoning Code Update – Accessory Dwelling Unit Ordinance Hearing and Determination that the Project is Exempt from CEQA; Ordinance No. 1361 - An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.105 of the Folsom Municipal Code Pertaining to Accessory Dwelling Units (First Reading)
FROM: Community Development Department
RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council (1) make a finding that the proposed Ordinance is exempt from CEQA, and (2) introduce and conduct the first reading of Ordinance No. 1361 - An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.105 of the Folsom Municipal Code Pertaining to Accessory Dwelling Units.
BACKGROUND / ISSUE
Since the City adopted its Accessory Dwelling Unit (ADU) Ordinance in 2020, the State has enacted several new laws affecting ADUs . As a result, some provisions of the City’s ADU Ordinance are no longer consistent with State Law.
On December 5, 2025, the California Department of Housing and Community Development (HCD) sent a letter to the City requesting that the City update its Accessory Dwelling Unit (ADU) Ordinance to align with changes to State ADU law since the ordinance’s ado ption in 2020.
Pursuant to Government Code Section 66326, if the City is unable to provide HCD with an updated, State-compliant ADU Ordinance, the City’s existing ordinance will be deemed null and void, and the City will be required to enforce only the Sta te’s ADU requirements. City staff provided HCD with a timeline to adopt an updated ADU Ordinance by April 2026, which HCD accepted. If the City fails to adopt and submit an updated ordinance by that date, the City risks having its ADU Ordinance declared null and void by HCD.
03/24/2026 Item No.8.
2 Staff have prepared the attached daft ADU Ordinance to replace the City’s existing citywide regulations in Folsom Municipal Code Chapter 17.105. The draft ordinance ensures consistency with State law while maintaining and strengthening standards where the City is able to exercise local control, such as certain limited regulations related to size, height, and other objective design and development standards. The draft ordinance also standardize s and consolidates ADU requirements to increase readability and streamline the review process.
POLICY / RULE
The City’s draft ADU Ordinance is consistent with the City’s 2035 General Plan , including the Land Use and Housing Elements. Specifically, the draft ADU Ordinance is consistent with the following City policies:
General Plan Land Use (LU) and 2021-2029 Housing Element Policies:
• LU 6.1.2 Historic Folsom Residential Areas - Preserve and protect the residential character of Historic Folsom’s residential areas.
• Policy H -1.5 - The City shall support the development of accessory dwelling units on single-family parcels.
• Policy H-2.1 - The City shall continually strive to shorten permit processing and review times to the greatest extent possible by allowing concurrent processing.
• Policy H -2.2 - The City shall strive to ensure that its current development impact fee structure does not unnecessarily constrain production of residential development.
• Policy H-2.4 - The City shall provide incentives to encourage the construction of accessory dwelling units and multi-generational housing units.
• Policy H-2.5 - The City shall endeavor through its development and design standards and decision making to provide consistent and predictable policy direction for residential project applicants.
• Policy H-5.1 - The City shall strive to ensure adequate and affordable housing for seniors and persons with disabilities, particularly in areas near public transportation, shopping, medical, and other essential services and facilities.
03/24/2026 Item No.8.
3 ANALYSIS
Since the enactment of the current Accessory Dwelling Unit (ADU) Ordinance in 2020, the State has enacted several new laws affecting the manner in which the City can regulate ADUs. Some changes which affect the City’s existing ADU Ordinance include:
• Requirement that the City determine application completeness within 15 days of submittal, and to approve or deny an application for the creation of an ADU or JADU within 60 days.
If the City fails to act within the 60-day timeframe, the application is automatically deemed approved (SB 543, 2025)
• Specifies that if the City fails to submit an adopted ADU ordinance to HCD or fails to respond to HCD’s findings regarding their ordinance, that the City’s ordinance is null and void and the City must only apply State ADU Law (SB 9, 2025) • Prohibits the City from imposing any development or design standards on ADUs created pursuant to Government Code 66323 (also known as ‘state -mandated’ or ‘state -exempt’ ADUs, or ‘66323 Units’) (SB 1211, 2024).
• Expands the number of allowable detached ADUs on an existing multi-unit dwelling lot to eight, provided that the number of ADUs does not exceed the number of existing units on the lot (SB 1211, 2024).
• Prohibits the City from requiring owner occupancy for an ADU, or for a JADU with independent bathroom facilities (AB 1154, 2025).
• Prohibits requiring the replacement of uncovered off -street parking if demolished in conjunction with the construction of an ADU, and prohibits the City from imposing parking requirements for ADUs in many instances (SB 1211, 2024). • Clarifies that single-unit lots are allowed to construct at least three types of ADUs and one JADU, for a total of up to four ADUs on a single-unit lot (SB 543, 2025) • Requires ministerial approval of an application to create an ADU or JADU; ADUs cannot be subject to discretionary review or hearing (AB 68, 2019). • Clarifies that ADU size limits are based on the interior livable space of the unit (SB 543, 2025).
Based on these changes, staff have prepared a new ADU Ordinance to ensure consistency with new State requirements. In addition to changes to accommodate the changes to State law outlined above, the draft ordinance also proposes to:
• Clarify that all ADUs are subject to a ministerial review, and are not subject to discretionary review or hearing. This includes changing the level of review for ADUs in the Historic District to a staff-level review.
• Standardize and align definitions and terminology with the California Government Code. • Use a new format to increase readability, consolidate standards, and ensure consistency. • Ensure design and development requirements are clear, objective, and enforceable.
03/24/2026 Item No.8.
4 • Add a new Carriage House style to the list of allowed architectural styles for ADUs located in the Historic District.
• Make minor modifications to standardize development requirements for different ADU types
• Outline process for a voluntary staff-level standard design review option for applicants to request deviations from the ADU objective design standards.
The intent of Ordinance No. 1361 is to maintain existing ADU requirements to the extent permitted by State law, and to standardize, clarify, and strengthen applicable regulations in order to ensure quality design. More detailed information about the changes proposed in Ordinance No. 1361 are discussed in the Planning Commission staff report provided in Attachment 5.
Historic District Commission Meeting
The Historic District Commission considered this item at their March 4, 2026, meeting. Following the staff presentation on Ordinance No. 1361, the Commission requested clarification regarding the following items:
1. Department of Housing and Community Development (HCD) Timeline for updating the City’s ADU Ordinance
a. Staff confirmed that a timeline was provided to HCD indicating the City’s intent to adopt an updated ordinance by April, which HCD accepted. If the City does not adopt a compliant ordinance within this timeframe, it risks receiving a Notice of Violation and having its ADU ordinance deemed null and void by the State.
2. Applicability of design standards for ADUs created pursuant to Government Code 66323 (State-Mandated ADUs)
a. Staff confirmed that no local design standards can be applied to state -mandated ADUs, but can be applied to all other ADUs created pursuant to the City’s ADU Ordinance.
3. Increased Number of Allowed ADUs on Multifamily Lots a. Staff confirmed that existing multifamily properties may construct up to eight detached ADUs, not to exceed the number of existing primary units on the site, provided sufficient space is available. Additionally, non -livable spaces may be converted into ADU s, up to 25 percent of the number of existing primary units.
New multifamily developments may construct up to two detached ADUs.
4. Utility Connection Fees for Certain ADUs
a. Staff confirmed that connection fees may not be charged unless the ADU is constructed concurrently with a new primary dwelling unit. Separate utility connections are not required to construct an ADU. However, if the utility provider allows separate utility connections, the property owner may voluntarily install one for an ADU.
03/24/2026 Item No.8.
5 5. ADU Application Review Timeline Required by the State a. Staff confirmed that ADU applications are subject to a 15 day application completeness review and have 60 days to make an approval or denial determination.
If the City fails to issue a determination within 60 days , the application is deemed approved by the State. To avoid this outcome, the City is prepared to issue a denial prior to the 60 day deadline if the application is not able to meet the requirements of the City’s ADU ordinance. Applicants may also request to pause the 60 -day review timeline if additional time is needed to make corrections.
6. Optional Standard Design Review Process for Deviations from Objective Design Standards a. Staff confirmed that an optional, standard staff -level design review process is available for applicants seeking to deviate from the objective design standards of the ADU ordinance. Under this process, the project would be evaluated based on standard design review findings, applicable design guidelines for the site , and would include public noticing and an opportunity for public comment.
During public comment, two Folsom residents had questions regarding FMC Section 17.105.070 of the draft ordinance, which requires that for all ADUs, the rental term be for a period longer than 30 days. The commentors asked how the City would treat existing nonconforming short term rentals of ADUs, and whether the City would consider modifying the language to allow for short term rentals in ADUs.
Draft Ordinance No. 1361 does not propose to change this requirement, which exists in the City’s current ADU ordinance adopted in 2020. Further, Government Code Section 66323 requires that state-mandated ADUs be rented for a term longer than 30 days. AB 1154 (2025), which took effect on January 1, 2026, further expanded this requirement to include JADUs. The State of California has indicated through continued legislation that the intent for the encouragement of ADUs is to create more long -term housing units , which the City of Folsom reflected in the existing ADU ordinance adopted in 2020. As this policy decision was already made by the City in 2020, and is supported by State legislation, the proposed draft ordinance does not propose any changes to this requirement. The Historic District Commission provided feedback to staff to look into how the City would enforce the prohibition on short term rentals in ADUs created prior to 2020, and staff stated that they would look into the issue and reach out to the commentors to discuss their options.
The Historic District Commission voted to recommend approval of Ordinance No. 1361 to the City Council, based on the findings included in this report (5-0-0-2: 5 votes in support, 0 opposed, 0 recusal, and 2 members absent).
Planning Commission Meeting
The Planning Commission considered this item at their March 18, 2026, meeting. Following the staff presentation on Ordinance No. 1361, the Commission requested clarification regarding the appeal process for staff-level, ministerial design review determinations on ADU projects. Staff confirmed that, in accordance with the Government Code, all ministerial design reviews of ADUs can be appealed to the Planning Commission. Staff also clarified that this includes ADUs in the Historic District, as the Government Code is clear that the Planning Commission is the appellate body, and as a practical concern in light of the Robert Delp v. City of Folsom et al. decision which
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6 requires that all projects reviewed by the Historic District Commission also require final approval by the City Council. No members of the public provided comment on Ordinance No. 1361.
The Planning Commission voted to recommend approval of Ordinance No. 1361 to the City Council, based on the findings included in this report (6-0-0-1: 6 votes in support, 0 opposed, 0 recusal, and 1 member absent).
Since the hearing, some minor grammatical changes have been made to Ordinance No. 1361, however this does not substantively change the ordinance requirements or process. Once adopted by the City, the new ADU Ordinance will be subject to review and approval by the California Housing and Community Development Department (HCD) to have legal effect.
FINANCIAL IMPACT
Staff anticipates that the proposed code changes requiring ministerial review for all ADUs, along with the clarification of existing requirements, will reduce the amount of staff resources needed for project review. Ministerial reviews do not require public noticing, which will reduce both staff time and the use of physical noticing materials. In addition, clearer and more objective ADU standards will streamline the review process by reducing the need for subjective interpretation of ambiguous provisions. A DUs within the Historic District will no longer require a Commission hearing, which will reduce staff time associated with preparing staff reports and attending meetings, including a reduction in the amount of compensatory time used by staff. As such, staff anticipates that the proposed changes would have a positive financial impact on City funds.
The City also is permitted under State law to charge processing fees to cover the cost for review of Accessory Dwelling Unit applications, and no change is proposed for these fees. With regard to impacts on City infrastructure, the draft ADU Ordinance allows the City to charge impact fees for ADUs larger than 750 square-feet proportional to the size of the ADU compared to the size of the primary residence, and no change is proposed to these impact fees.
ENVIRONMENTAL REVIEW
Pursuant to Section 21080.17 of the California Public Resources Code (PRC), the adoption of the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code (the State ADU law). The ordinance implements ADU regulations in the City of Folsom in a manner that is consistent with the requirements of state law. As such, the adoption of the ordinance is exempt from CEQA.
ATTACHMENTS
1. Ordinance No. 1361 - An Ordinance of the City of Folsom for the Repeal and Re -
Enactment of Chapter 17.105 of the Folsom Municipal Code Pertaining to Accessory Dwelling Units
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7 2. Department of Housing and Community Development Letter of Technical Assistance, Dated 12/5/25
3. Historic District Commission Staff Report, Dated 3/4/26
4. Changes/Modifications to Historic District Commission Agenda, dated 3/4/26
5. Planning Commission Staff Report, Dated 3/18/26
6. Changes/Modifications to Planning Commission Agenda, dated 3/18/26
Submitted,
PAM JOHNS
Community Development Director
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Ordinance No. 1361
ORDINANCE NO. 1361
AN ORDINANCE OF THE CITY OF FOLSOM FOR THE REPEAL AND RE- ENACTMENT OF CHAPTER 17.105 OF THE FOLSOM MUNICIPAL CODE
PERTAINING TO ACCESSORY DWELLING UNITS
The City Council of the City of Folsom does hereby ordain as follows:
SECTION 1 PURPOSE
The purpose of this ordinance is to amend the Folsom Municipal Code to conform with new State law regulations pertaining to Accessory Dwelling Units adopted since 2020.
SECTION 2 REPEAL AND RE-ENACTMENT TO CODE
Chapter 17.105 of the Folsom Municipal Code is hereby repealed and re-enacted to read as follows:
Chapter 17.105
ACCESSORY DWELLING UNITS
Sections:
17.105.010 Purpose, Applicability and Where Permitted.
17.105.020 Definitions.
17.105.030 Types.
17.105.040 Density and Consistency.
17.105.050 Processing Time and Submittal Requirements.
17.105.060 Fee Requirements.
17.105.070 Rental and Sale Limitations.
17.105.080 Conditions for Nonconforming Uses and Structures.
17.105.090 Accessory Dwelling Units Subject to Mandatory Approval.
17.105.110 Accessory Dwelling Units Subject to Design Review
17.105.120 Limitation on the Number of Accessory Dwelling Units.
17.105.130 Standards Applicable to All Accessory Dwelling Units.
17.105.140 Single-Unit Developments: Attached Accessory Dwelling Unit Standards.
17.105.150 Single-Unit Developments: Detached Accessory Dwelling Unit Standards.
17.105.160 Single-Unit Developments: Junior Accessory Dwelling Unit Standards.
17.105.170 Two-Unit and Multi-Unit developments: Accessory Dwelling Unit Standards.
17.105.180 Parking Requirements.
17.105.190 All Zones—Design Standards.
17.105.200 Historic District Zones—Design Standards.
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17.105.010 Purpose, Applicability and Where Permitted.
A. Purpose. This chapter establishes regulations and procedures for reviewing and permitting accessory dwelling units in conformance with California Government Code Title 7, Division 1, Chapter 13.
B. Applicability. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this chapter and the city’s building and fire codes, as modified by Government Code Title 7, Division 1, Chapter 13.
For the purposes of this chapter, accessory dwelling units include attached, detached, and junior accessory dwelling units.
C. Building Permit Required. Any accessory dwelling unit or junior accessory dwelling unit shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally.
D. Where Permitted. Accessory dwelling units are allowed on parcels zoned to allow for single- unit, two-unit, and/or multi-unit residential uses where such a parcel includes a proposed or existing primary dwelling unit. Junior accessory dwelling units are allowed on parcels zoned to allow for single-unit residential uses where such parcel includes a proposed or existing primary dwelling unit.
17.105.020 Definitions.
A. “Accessory dwelling unit” (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-unit or multi-unit dwelling is or will be situated, and include a permanent foundation and has a permanent connection to utility services. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
B. “Accessory building” means a detached subordinate building, the use of which is incidental to that of the main building on the same lot, or to the use of the land, such as a detached garage, shed or barn, etc.
C. “Car share” means a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.
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D. “Discretionary review” means the review of an application that involves a decision-makers judgement, and may involve public hearing and/or environmental review. Approvals are granted at the discretion of the City decision-maker. Discretionary review typically applies to projects which may have an impact to the surrounding area, require more analysis, and/or necessitate public feedback.
E. “Efficiency kitchen” is defined for purposes of establishing a junior accessory dwelling unit as a cooking facility that includes all of the following:
1. A cooking facility with appliances; and
2. A food preparation counter; and
3. Storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
F. “Independent living facilities” means a residential dwelling unit having permanent provisions for living, sleeping, eating, cooking, and sanitation.
G. “Junior accessory dwelling unit” (JADU) means a unit that is no more than five-hundred (500) square feet in size and contained entirely within a single-unit dwelling. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
H. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
I. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building.
J. “Ministerial review” means review of an application at a staff-level for compliance to clear and objective requirements, and does not involve public hearing. If an application subject to ministerial review meets all of the City’s requirements, then it shall be approved by staff.
Ministerial reviews are exempt from the California Environmental Quality Act (CEQA) and cannot be appealed.
K. “New construction” means the creation of new built space that did not previously exist. This includes a wholly new building, or an addition that increases the space beyond the existing building where new space was not previously a part of the building.
L. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
M. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external
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and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
N. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street or alley to one (1) entrance of the accessory dwelling unit.
O. “Primary dwelling unit” means the single-unit dwelling or each multi-unit dwelling unit, but does not include an accessory dwelling unit or junior accessory dwelling unit. An attached garage is considered part of the primary dwelling unit.
P. “Public transit” means a location, including but not limited to a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Q. “Single-unit, two-unit, and multi-unit” mean the same, respectively, as single-family, duplex, and multi-family residential units.
R. “Spindle work detailing” means a decorative element created by shaping wood on a spindle lathe to create symmetrical, repeating patterns like beads, coves, rings, and tapers.
Spindlework detailing was often used as decorative spindles, balusters, posts, and trim on railings, porches, staircases, and other architectural features.
S. “66323 unit” means accessory dwelling units that must be approved ministerially in accordance with Government Code Section 66323.
T. “Tandem parking” means two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.
Tandem Parking
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17.105.030 Types.
An accessory dwelling unit approved under this chapter shall be one of the following types:
A. Attached. An accessory dwelling unit that meets the requirements of this chapter, and that is created as a result of new construction or conversion which is attached to an existing or proposed primary dwelling unit, such as through a shared structural wall, floor, ceiling, or roof. An attached accessory dwelling unit may also include, in part or in whole, a conversion of space within an existing primary dwelling unit, and/or an addition to an existing or proposed primary dwelling unit.
B. Detached. An accessory dwelling unit that meets the requirements of this chapter, and that is created as a result of new construction or conversion which is detached and separate from an existing or proposed primary dwelling unit on the same parcel. A detached accessory dwelling unit may also include, in part or in whole, a conversion of space within an existing accessory building, and/or an addition to an existing or proposed accessory building, and/or a newly constructed standalone accessory dwelling unit.
C. Junior Accessory Dwelling Unit. An accessory dwelling unit that is a unit that meets all the following requirements in addition to the requirements of this chapter:
1. Is no more than five-hundred (500) square feet in size; and
2. Is contained entirely within a proposed or existing single-unit primary dwelling; and
3. Has a separate entrance from the main entrance to the proposed or existing single-unit primary dwelling; and
4. Has a bathroom that is either shared with or separate from those of the single-unit primary dwelling; and
5. Includes an efficiency kitchen.
17.105.040 Density and Consistency.
An accessory dwelling unit that conforms to the requirements of this chapter shall:
A. Not be considered for the purposes of evaluating the density requirements established in the General Plan.
B. Be found consistent with the existing General Plan designation and zoning for the lot.
C. Not be considered a new residential use for the purpose of calculating local agency connection fees of capacity charges for utilities, including water and sewer service.
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D. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
17.105.050 Processing Time and Submittal Requirements.
A. Processing time of an application for an accessory dwelling unit shall comply with Government Code Section 66317 and the standards below. Processing time of an application for a junior accessory dwelling unit shall comply with Government Code Section 66335 and the standards below. Where conflict occurs between the regulations of this section and the Government Code, the Government Code regulations shall apply.
1. Within fifteen (15) business days after the City receives an application, the City shall provide written notice whether the application is complete or incomplete.
a. If the City determines an application is incomplete, the City shall provide the applicant with a list of incomplete items, and a description of how the application can be made complete. The list and description shall be provided with the written notice, as required by paragraph (1).
b. After receiving a notice that the application is incomplete, an applicant may cure and address the items deemed incomplete by the City.
c. In the review of an application submitted pursuant to subparagraph (b), the City shall not require the application to include an item that was not included in the list required by subparagraph (a).
d. If an applicant submits supplemental information pursuant to subparagraph (b), the City shall determine whether the supplemental information has remedied all incomplete items listed in the determination issued pursuant to subparagraph (a). This additional application is subject to the timelines and requirements specified in paragraph (1).
e. If the City does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this paragraph.
2. An application to create an accessory dwelling unit or junior accessory dwelling unit shall be approved or denied within sixty (60) days of submission of a complete application, unless:
a. The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted concurrently with an application to create a new primary dwelling unit on the parcel, in which case the City shall not act on the application for the accessory
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dwelling unit or junior accessory dwelling unit until the City acts on the application for the new primary dwelling unit, but the application to create an accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially; or
b. The applicant requests a delay, in which case the sixty (60) day time period shall be tolled for the period of delay.
3. If the City has not acted upon the completed application for an accessory dwelling unit or junior accessory dwelling unit within sixty (60) days, and none of the above exceptions are met, then the application for the accessory dwelling unit or junior accessory dwelling unit shall be deemed approved.
B. Submittal Requirements. The application for an accessory dwelling unit or junior accessory dwelling unit shall be submitted to the Community Development Director. An accessory dwelling unit or junior accessory dwelling unit shall be reviewed for compliance with the standards of this chapter through the planning process, if required, in addition to the established building permit process.
C. Denial/Remedies. If the City denies an application for an accessory dwelling unit or junior accessory dwelling unit, the City will provide in writing a full set of comments within sixty (60) days to the applicant from the date the City received a complete application with a list of items that are defective, deficient, or not compliant, and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrently with the accessory dwelling unit, more than sixty (60) days can be taken by the City.
D. Appeals. Appeals of a determination of incompleteness or a denial of an application by the Community Development Director may be made to the Planning Commission in accordance with Folsom Municipal Code Chapter 17.04, with the modification that all appeals of determinations made under this Chapter shall be decided within sixty (60) business days after receipt of the appeal. The Planning Commission’s decision on appeals of determinations made under this Chapter is final and may not be further appealed.
17.105.060 Fee Requirements.
A. Application and Permit Fees. All accessory dwelling units shall be subject to all standard application and processing fees that apply to building permits. If the accessory dwelling unit is required to undergo review through the planning process, the application is subject to a required application fee established by council resolution.
B. Connection Fees or Capacity Charges. An accessory dwelling unit or junior accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-unit dwelling.
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C. Impact Fees.
1. For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service.
2. No City-imposed impact fees shall be charged to an accessory dwelling unit that is seven- hundred-fifty (750) square feet or less in floor area, or a junior accessory dwelling unit that has five hundred (500) square feet or less in floor area.
3. For accessory dwelling units more than seven-hundred-fifty (750) square feet, city- imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the accessory dwelling unit, divided by the floor area of the primary dwelling unit, times the typical fee amount charged for a new dwelling).
a. If any agency or special district other than the city imposes impact fees collected by the city, the city shall collect such fees in accordance with such agency’s or district’s fee schedule.
17.105.070 Rental and Sale Limitations.
A. Long-Term Rentals Only. An accessory dwelling unit and junior accessory dwelling unit may be rented separately from the primary residence; however, the rental shall be for a term of thirty (30) days or longer. Occupancy of the accessory dwelling unit or junior accessory dwelling unit shall not be allowed until the City approves the occupancy of the primary dwelling unit.
B. Sale or Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary dwelling unit to a qualified buyer, as defined in Government Code Section 66341, if all the requirements of Government Code Section 66341 are met.
17.105.080 Conditions for Nonconforming Uses and Structures.
A. Nonconforming Conditions. Notwithstanding Chapter 17.64 of the Folsom Municipal Code, until January 1, 2030 or until a date specified in Health and Safety Code Section 17980.12, whichever is later, an owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances, in relation to the accessory dwelling unit, may request a delay of up to five (5) years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the City, subject to compliance with Government Code Section 66331 and Health and Safety Code Section 17980.12 and the following conditions:
1. The accessory dwelling unit was built before January 1, 2020; or
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2. The accessory dwelling unit was built on or after January 1, 2020 during a time when the City had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
B. The City shall not deny an application for a permit to create an accessory dwelling unit or junior accessory dwelling unit due to the failure to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit in compliance with Government Code Sections 66322 and 66336.
17.105.090 Accessory Dwelling Units Subject to Mandatory Approval.
The city shall approve any application for an accessory dwelling unit as described in this section and specified in Government Code Section 66323, referred to as a “66323 Unit”. Approval or denial of an accessory dwelling unit specified in Government Code Section 66323 is a ministerial action not subject to discretionary review. The following types of 66323 Units are exempt from the design standards of this chapter and exempt from design review, however they are subject to applicable standards of Government Code Title 7, Division 1, Chapter 13:
A. Any accessory dwelling unit on a lot with an existing or proposed single-unit primary dwelling that is a conversion of the space of a proposed or existing single-unit primary dwelling, and may include an expansion of not more than one-hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress;
B. Any accessory dwelling unit on a lot with an existing or proposed single-unit primary dwelling that is a conversion of the space of an existing accessory building, and may include an expansion of not more than one-hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress; C. Any junior accessory dwelling unit;
D. Any new construction detached accessory dwelling unit on a lot with an existing or proposed single-unit primary dwelling that is eight hundred (800) square feet or smaller in size, has a peak height above finished grade as allowed under the conditions specified in Government Code section 66321, and has a minimum four (4) foot wide side and rear yard setbacks; E. Any accessory dwelling unit that is a conversion of a portion of an existing multi-unit dwelling building that is not used as livable space;
F. Any new construction detached accessory dwelling unit on a lot with an existing or proposed multi-unit primary dwelling that has a peak height above finished grade as allowed under the
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conditions specified in Government Code section 66321, and has a minimum four (4) foot wide side and rear yard setbacks.
17.105.110 Accessory Dwelling Units Subject to Design Review
A. Ministerial Design Review Required. All accessory dwelling units which are not 66323 Units shall be subject to the objective design standards in Section 17.105.190 or 17.105.200, as applicable. Compliance with the objective design standards listed in Sections 17.105.190 and
17.105.200 shall be conducted in accordance with the ministerial design review process outlined in FMC 17.06.045, except as otherwise noted in this section. The city shall ministerially approve any application for an accessory dwelling unit subject to design review if all requirements in this chapter are met.
1. Review Authority. All accessory dwelling units shall be reviewed by the Community Development Director.
a. If a proposed detached accessory dwelling unit project includes proposed new garage space, the proposed new garage space shall be reviewed concurrently with the accessory dwelling unit through a ministerial design review process.
2. Design Review Findings. Notwithstanding the findings of FMC 17.06, in approving or denying an application for ministerial design review under this chapter, the Community Development Director shall make the finding that the accessory dwelling unit complies with the objective design and development standards of this chapter.
B. Deviations from Design Standards. A request to deviate from the design standards contained in FMC 17.105.190 or FMC 17.105.200 may be made by application for design review, in accordance with the standard design review process outlined in FMC 17.06, except as otherwise noted in this section.
1. Review Authority. Any deviations for accessory dwelling units from the objective design standards of this chapter shall be reviewed by the Community Development Director.
17.105.120 Limitation on the Number of Accessory Dwelling Units.
A. The number of accessory dwelling units allowed shall comply with Government Code Title 7, Division 1, Chapter 13, as listed below. Where conflict occurs between the regulations of this section and the Government Code, the Government Code regulations shall apply.
1. Accessory dwelling units are permitted in single-unit developments with an existing or proposed single-unit dwelling as long as the units satisfy the requirements of this chapter and the number does not exceed, per single-unit lot:
a. One (1) attached or detached accessory dwelling unit that complies with the requirements of this chapter; and
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b. One (1) accessory dwelling unit that is located within the proposed or existing space of a single-unit dwelling, or located within the existing space of an accessory building, consistent with Government Code section 66323(a)(1); and c. One (1) junior accessory dwelling unit consistent with Government Code section 66323(a)(1); and
d. One (1) new construction detached accessory dwelling unit consistent with Government Code section 66323(a)(2).
2. Accessory dwelling units are permitted in multi-unit developments with an existing or proposed multi-unit dwelling as long as the units satisfy the requirements of this chapter and the number does not exceed:
a. At least one (1) accessory dwelling unit that is a conversion of portions of existing multi-unit dwelling structures that are not used as livable space, up to a maximum of 25% of the original number of approved primary units within the development. When calculating the required number of allowed accessory dwelling units, any fractions of units shall be rounded to the next larger whole number. b. Up to two (2) detached accessory dwelling units on a lot that has proposed multi-unit dwellings, or up to eight (8) detached accessory dwelling units on a lot that has existing multi-unit dwellings provided that the number of accessory dwelling units does not exceed the number of existing dwelling units on the lot.
3. Notwithstanding the above, no more than two units (including ADUs and JADUs) on a parcel created through a Senate Bill (SB) 9 (Chapter 162, Statues of 2021) lot split shall be allowed (Government Code section 66411.7(j)(1)).
17.105.130 Standards Applicable to All Accessory Dwelling Units.
The following standards shall apply to all accessory dwelling units. Where conflict occurs between the regulations of this section and the Government Code, the Government Code regulations shall apply:
A. Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.
B. Utility Connections. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services.
1. The city shall not require the applicant to install a new or separate utility connection directly between the attached or detached accessory dwelling unit and the utility unless the utility connection is required by the utility provider. The applicant may voluntarily install a new or separate utility connection, subject to the approval of the utility provider.
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Any utility charges or fees must be consistent with California Government Code Section 66311.5
C. Septic System. If allowed by the city pursuant to FMC 13.20, the accessory dwelling unit may connect to an onsite water-treatment system. The owner shall include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years. Such test must demonstrate the ability of the site to accommodate waste discharge associated with the accessory dwelling unit.
D. Open Space. Accessory dwelling units shall not encroach into required open space areas on a residentially-zoned parcel. This requirement shall not apply to a 66323 unit.
E. Addressing. An accessory dwelling unit shall have its own address according to the City’s standard addressing procedure.
17.105.140 Single-Unit Developments: Attached Accessory Dwelling Unit Standards.
A. 66323 Units. An attached accessory dwelling unit shall qualify as a 66323 Unit if it meets all of the following requirements, in accordance with Government Code Section 66323:
1. Location. Is a conversion of the space of a proposed or existing single-unit primary dwelling that may include an expansion of not more than one-hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum).
3. Setbacks. Has side and rear setbacks that comply with applicable building and fire codes.
4. Access. Has exterior access that is independent of that for the proposed or existing primary dwelling unit.
B. All Other Attached Accessory Dwelling Units. An attached accessory dwelling unit that is not a 66323 Unit shall meet all of the following requirements:
1. Location. Is located on a single-unit parcel with an existing or proposed primary dwelling unit, and shares at least one common structural wall, floor, ceiling, or roof with the primary dwelling unit.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum), and at a maximum does not exceed eight-hundred-fifty (850) square feet if it has no more than one (1) bedroom, or one-thousand (1,000) square feet if
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it has two (2) or more bedrooms. Subject to the foregoing maximum size limitation, the total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing primary dwelling unit.
3. Setbacks. Has a front yard setback that conforms to the front setback for the zone in which the attached accessory dwelling unit is located, has side and rear setbacks of at least four (4) feet, and complies with applicable building and fire codes. a. Setback Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing primary dwelling unit may maintain the same setbacks as that of the existing primary dwelling unit; however, the accessory dwelling unit must comply with applicable fire and building codes.
4. Parcel Coverage. For any attached accessory dwelling unit, the parcel coverage standard and pervious surface standard, if applicable, for the zone in which it is located shall apply.
a. Rear Yard Coverage. Notwithstanding the parcel coverage standard, the area covered by an accessory dwelling unit shall not exceed forty (40) percent of the rear yard. b. Parcel Coverage Exceptions. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for any portion of an accessory dwelling unit that is a conversion of the space of an existing primary dwelling unit; however, the accessory dwelling unit must comply with applicable fire and building codes.
5. Height. Height shall not exceed the height standard for the zone in which the attached accessory dwelling unit is located.
a. Additional Height Restrictions. Notwithstanding the height standard, any portion of an attached accessory dwelling unit that encroaches into the required setback area for the primary dwelling unit shall not exceed twenty-five (25) feet. b. Height Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing primary dwelling unit may maintain the same height as that of the existing primary dwelling unit; however, the accessory dwelling unit must comply with applicable fire and building codes.
6. Access. Has exterior access that is independent of that for the proposed or existing primary dwelling unit. The entrance to the accessory dwelling unit shall be located on a different side of the building from the entrance to the primary dwelling unit, except as may be required to comply with applicable fire and building codes.
C. Additional Requirements.
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1. Design Standards. Any accessory dwelling unit must comply with the design standards set forth in Sections 17.105.190 and 17.105.200 for an accessory dwelling unit in the historic district, or Section 17.105.190 for an accessory dwelling unit located outside of the historic district.
a. Design Standard Exceptions. Design Standards shall not apply to 66323 Units specified in Government Code section 66323
2. Exceptions. Notwithstanding the standards of this section, in no event shall any of the standards of this section preclude the development of at least an eight-hundred (800) square foot accessory dwelling unit with four (4) foot side and rear setbacks, in compliance with all other development standards.
17.105.150 Single-Unit Developments: Detached Accessory Dwelling Unit Standards.
A. 66323 Units. A detached accessory dwelling unit shall qualify as a 66323 Unit if it meets either of the following requirements, in accordance with Government Code Section 66323:
1. New Construction Detached 66323 Units:
a. Location. Is detached from the primary dwelling unit and is entirely new construction. b. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one- hundred-fifty (150) square feet minimum), and at a maximum shall not exceed eight- hundred (800) square feet.
c. Setbacks. Has side and rear setbacks of four (4) feet, and complies with applicable building and fire codes.
i. Setback Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same setbacks as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes. d. Height. Has a peak height above finished grade as allowed under the conditions specified in Government Code Section 66321.
i. Height Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same height as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
2. Converted Detached 66323 Units:
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a. Location. Is detached from the primary dwelling unit and is a conversion of the space of an existing accessory building that may include an expansion of not more than one- hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress.
b. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one- hundred-fifty (150) square feet minimum).
c. Setbacks. Has side and rear setbacks that comply with applicable building and fire codes.
i. Setback Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same setbacks as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
B. All Other Detached Accessory Dwelling Units. A detached accessory dwelling unit that is not a 66323 Unit shall meet all of the following requirements:
1. Location. Is located on a single-unit parcel with an existing or proposed primary dwelling unit, and is detached from the primary dwelling unit.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum), and at a maximum shall not exceed eight-hundred-fifty (850) square feet if it has no more than one (1) bedroom or one-thousand (1,000) square feet if it has two (2) or more bedrooms.
3. Setbacks. Has side and rear setbacks of at least four (4) feet, and complies with applicable building and fire codes. In no case shall the accessory dwelling unit break the front plane of the primary dwelling unit. Detached accessory dwelling units shall be located at least six (6) feet from the primary dwelling unit or an accessory building on the same parcel other than a fence or a wall.
a. Setback Exceptions.
i. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same setbacks as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
ii. Notwithstanding Chapter 17.64 of the Folsom Municipal Code, any accessory dwelling unit constructed that is built on top of an existing accessory building with side and/or rear setback of less than four (4) feet may maintain the same side
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and/or rear setback of that accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes. Notwithstanding this exception, in no case shall the accessory dwelling unit break the front plane of the primary dwelling unit.
4. Parcel Coverage. For any detached accessory dwelling unit, the parcel coverage standard and pervious surface standard, if applicable, for the zone in which it is located shall apply.
a. Rear Yard Coverage. Notwithstanding the parcel coverage standard, the area covered by an accessory dwelling unit shall not exceed forty (40) percent of the rear yard. b. Parcel Coverage Exceptions. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
5. Height. Height shall not exceed twenty-five (25) feet or the height of the residence, whichever is less.
a. Accessory Dwelling Units near a Listed Historic Structure. Any accessory dwelling unit proposed for construction on or within fifty (50) feet of the property line of a parcel containing a structure listed on a State or Federal register of historic resources shall have a peak height above finished grade of as allowed under the conditions specified in Government Code section 66321.
b. Height Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same height as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
6. Access. The entrance to the accessory dwelling unit shall be located on a different side of the building from the entrance to the primary dwelling unit, except as may be required to comply with applicable fire and building codes.
C. Additional Requirements.
1. Design Standards. Any accessory dwelling unit must comply with the design standards set forth in Sections 17.105.190 and 17.105.200 for an accessory dwelling unit in the historic district, or Section 17.105.190 for an accessory dwelling unit located outside of the historic district.
a. Design Standard Exceptions. Design Standards shall not apply to 66323 Units specified in Government Code Section 66323.
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2. Exceptions. Notwithstanding the standards of this section, in no event shall any of the standards of this section preclude the development of at least an eight-hundred (800) square foot accessory dwelling unit with four (4) foot side and rear setbacks, in compliance with all other development standards.
17.105.160 Single-Unit Developments: Junior Accessory Dwelling Unit Standards.
A. Generally. A junior accessory dwelling unit shall be allowed on a single-unit parcel with a proposed or existing primary dwelling unit, if the junior accessory dwelling unit meets all the following requirements:
1. Location. Is entirely within the proposed space of a primary dwelling unit or within the existing space of a primary dwelling unit.
2. Size. Size shall be measured based on the interior living space of the junior accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred- fifty (150) square feet minimum), and at a maximum does not exceed five-hundred (500) square feet.
3. Setbacks. No adjustment to the existing setback is required for an existing space that is converted to a junior accessory dwelling unit; however, the junior accessory dwelling unit must comply with applicable fire and building codes.
4. Parcel Coverage. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for an existing space that is converted to a junior accessory dwelling unit; however, the junior accessory dwelling unit must comply with applicable fire and building codes.
5. Height. No adjustment to the existing height is required for an existing space that is converted to a junior accessory dwelling unit. The height of the existing primary dwelling unit being converted to a junior accessory dwelling unit shall not be increased.
6. Access. Has exterior access that is independent of that for the proposed or existing primary dwelling unit. The entrance to the junior accessory dwelling unit shall be located on a different side of the building from the entrance to the primary dwelling unit, except as may be required to comply with applicable fire and building codes. If the junior accessory dwelling unit does not include separate sanitation facilities, the junior accessory dwelling unit shall also include interior entry to the main living area of the primary dwelling unit.
B. Additional Requirements.
1. Efficiency Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen.
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2. Design Standards. No design standards shall be applied.
3. Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the single-unit property.
The form of the deed restriction shall be approved by the city attorney and shall provide that:
a. The junior accessory dwelling units shall not be sold separately from the primary dwelling unit.
b. The junior accessory dwelling units are restricted to the approved size and other attributes allowed by this chapter.
c. The deed restriction shall run with the land and shall be enforced against future property owners.
4. Owner Occupancy Requirements. All junior accessory dwelling units that have shared sanitation facilities shall be subject to an owner occupancy requirement. A person with legal or equitable title to the primary dwelling unit shall reside on the property in either the primary dwelling unit or junior accessory dwelling unit as that person’s legal domicile and permanent residence.
a. Exceptions. Owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities from the primary dwelling unit, or if the owner is a governmental agency, land trust, or nonprofit housing organization.
17.105.170 Two-Unit and Multi-Unit Dwellings: Accessory Dwelling Unit Standards.
Accessory dwelling units, in accordance with Government Code Section 66323, are permitted on a lot with existing or proposed two-unit and multi-unit dwellings as follows:
A. Generally. An accessory dwelling unit conversion shall be allowed on a parcel with an existing multi-unit dwelling, if the accessory dwelling unit conversion meets all the following requirements:
1. Location. Is converted from portions of a multi-unit dwelling that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum state building standards for dwellings.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum).
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3. Setbacks. No adjustment to the existing setback is required for the space that is converted to an accessory dwelling unit; however, the accessory dwelling unit conversion must comply with applicable fire and building codes.
4. Parcel Coverage. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for an existing space that is converted to an accessory dwelling unit; however, the converted accessory dwelling unit must comply with applicable fire and building codes.
5. Height. No adjustment to the existing height is required for the space that is converted to an accessory dwelling unit. The height of the existing multi-unit dwelling being converted to an accessory dwelling unit shall not be increased.
6. Design Standards. No design standards shall be applied.
B. Generally. A detached accessory dwelling unit shall be allowed on a parcel with an existing or proposed two-unit or multi-unit dwelling, if the detached accessory dwelling unit meets all the following requirements:
1. Location. Is detached from the two-unit or multi-unit dwelling. The detached accessory dwelling unit may be attached to an accessory building or other detached accessory dwelling unit.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum), and at a maximum shall not exceed eight-hundred (800) square feet.
3. Setbacks. Has side and rear setbacks of at least four (4) feet, and complies with applicable building and fire codes.
4. Parcel Coverage. Accessory dwelling units that are eight-hundred (800) square feet or smaller shall not be required to adhere to the parcel coverage standard and pervious surface standard, if applicable.
5. Height. Has a peak height above finished grade as allowed under the conditions specified in Government Code Section 66321.
6. Design Standards. No design standards shall be applied.
17.105.180 Parking Requirements
Off-street parking space shall be provided in accordance with the following:
A. Requirement. One (1) additional off-street parking space shall be required per accessory dwelling unit or per bedroom, whichever is less.
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1. Parking may be provided in front and/or side setback areas on a driveway, or as tandem parking on a driveway. Parking spaces may also be provided through a mechanical vehicle parking lift if located in an enclosed parking garage.
B. Exceptions. Additional parking for an accessory dwelling unit is not required in the following instances:
1. The accessory dwelling unit is located within one-half (0.5) mile walking distance of public transit, as defined in Section 17.105.020, including transit stations and bus stations.
2. The accessory dwelling unit is located within the historic district.
3. The accessory dwelling unit is a part of the proposed or existing primary dwelling unit (e.g., attached accessory dwelling unit or junior accessory dwelling unit), or an existing accessory building (e.g., detached accessory dwelling unit addition to an accessory building).
4. When on-street parking permits are required by the city but not offered to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
6. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-unit dwelling or multi-unit dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.
C. Replacement Parking Not Required. When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of an accessory dwelling unit, replacement parking is not required.
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Acceptable Location of Parking for Accessory Dwelling Units
17.105.190 All Zones—Design Standards.
A. Applicability. An accessory dwelling unit shall comply with objective standards for accessory dwelling units in this section or any other objective design standards for accessory dwelling units, as adopted by resolution of the city council. The following objective design standards shall apply to all accessory dwelling units that are not 66323 Units specified in Government Code section 66323.
B. Exterior Walls.
1. Attached accessory dwelling units shall utilize the same exterior wall materials, including accent materials, as the existing or proposed primary dwelling unit.
2. Detached accessory dwelling units shall utilize at least two (2) different exterior wall materials.
C. Windows. The accessory dwelling unit shall incorporate at least one of the following features: windows, projections, bays, or recessed elements. Additionally, windows are subject to the following requirements:
1. Any second story window that is within ten (10) feet or less of the side and/or rear property line shall have translucent glazing, or be one of the following window types:
Transom windows, clerestory windows, or false windows.
D. Roof Pitch. The accessory dwelling unit shall have the same roof pitch as the primary dwelling unit but may vary by up to 2/12 more or 2/12 less than the roof pitch of the primary
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dwelling unit. However, if the unit is located in the historic district, it must follow the roof pitch requirements for design style allowed in that zone or subarea specified in FMC
17.105.200.
E. Two Story Accessory Dwelling Units. If the accessory dwelling unit is two stories, or is constructed on the second story or higher of an existing or proposed building, the following requirements shall apply:
1. Form and Massing. The building massing of the accessory dwelling unit shall be designed according to the following requirements:
a. Attached accessory dwelling units shall utilize at least one (1) of the following:
i. Recessed or projecting windows, doors, or parts of the wall. Recessed windows and doors shall project a minimum of six (6) inches or shall be recessed a minimum of six (6) inches. Any projection must be behind the parcel side or rear yard setback line.
ii. Cantilevered areas so long as area does not extend beyond the side or rear yard setback.
iii. At least two different roof forms, such as a mix of different roof types (e.g., hipped, gabled, shed, etc.).
b. Detached accessory dwelling units shall utilize at least two (2) of the following:
i. Different primary siding materials for each of the stories.
ii. Recessed or projecting windows, doors, or parts of the wall. Recessed windows and doors shall project a minimum of six (6) inches or shall be recessed a minimum of six (6) inches. Any projection must be behind the parcel side or rear yard setback line.
iii. Cantilevered areas so long as area does not extend beyond the side or rear yard setback.
iv. At least two different roof forms, such as a mix of different roof types (e.g., hipped, gabled, shed, etc.) on the building.
2. Staircases. Staircases necessary to access a second story accessory dwelling unit shall comply with the following requirements:
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a. Location. The staircase shall be located internal to the building, or along the edge of the building.
b. Setback. Has side and rear setbacks that comply with applicable building and fire codes.
c. Design. The staircase shall be enclosed. If located along the edge of a building, the staircase exterior walls shall use the same colors and materials as used for the exterior of the building.
3. Balconies. One (1) second-story balcony is allowed, not to exceed twenty (20) square feet. Balconies shall not be located in the setback areas of the primary dwelling unit.
F. Design Style Deviations. Applicants for accessory dwelling units may seek a waiver from a required design standard listed in this section by requesting a design review in accordance with FMC 17.105.110.
17.105.200 Historic District Zones—Design Standards.
A. Applicability. In addition to the provisions of Section 17.105.190, if located in a historic district, an accessory dwelling unit shall comply with objective standards for accessory dwelling units in this section or any other objective design standards for accessory dwelling units, as adopted by resolution of the city council. The following objective design standards shall apply to all accessory dwelling units that are not 66323 Units specified in Government Code section 66323.
B. Architectural Style. The architectural styles in the historic district reflect the types of design during the period from the 1850s to 1950s. The applicant for an accessory dwelling unit shall select an allowed architectural style for the historic district zone or subarea in which it is located and shall meet all required design elements. Acceptable styles by zone and subarea are as follows:
1. Figueroa Subarea: Queen Anne, Delta, Italianate, Spanish Eclectic, Craftsman, and Carriage House Styles.
2. Central Subarea: Queen Anne, Delta, Italianate, Spanish Eclectic, Craftsman, and Carriage House Styles.
3. Persifer-Dean Subarea: 1950s Ranch, Spanish Eclectic, Delta, and Craftsman Styles.
4. The Preserve Subarea: Craftsman, Delta, Spanish Eclectic Styles.
5. River Way Subarea: Delta, Spanish Eclectic, Craftsman Styles.
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6. All other subareas: Queen Anne, Delta, Italianate, Spanish Eclectic, Craftsman and Carriage House Styles.
C. Required Design Elements. The specified design elements for each architectural style are set forth as follows:
1. Carriage House Style
a. Limitations. This type may only be used for detached accessory dwelling units which include existing or proposed garage space.
b. Massing/Form. This style may include garage space on the main story not to exceed eight-hundred (800) square-feet. The garage portion shall comply with the zoning requirements of the property.
i. Second Story. If a second story is used, the second story shall be located within the roof attic space. The second story shall not include any cantilever space above the main story.
c. Roofs. Roof shall have a side-gable, side-gambrel, or hip roof and incorporate the following elements:
i. Roof Pitch. Roof pitch shall be between 4/12 and 12/12 for gabled roofs. If a gambrel roof is used, the roof pitch for the lower roof leg (i.e., the lower portion of the roof slope) shall be between 22/12 and 26/12 and the upper roof leg (i.e., upper portion of the roof slope) shall be between 5/12 and 8/12; the upper and lower roof legs shall be equal in length.
ii. Roof Detailing. A window or vent shall be provided on the gable or gambrel ends.
iii. Optional. Shed or gabled roof dormer(s) may be used; wall dormers are not permitted. A singular square-cupola or tower may be used, but shall not exceed the overall height maximum of the structure and shall not exceed four (4) square feet in size.
d. Windows. Windows shall be square or vertically proportioned rectangular windows with a multi-pane grid.
e. Exterior Walls. Exterior walls shall utilize the same siding materials of the primary dwelling unit, including the use of accent materials. If trim is used on the primary dwelling unit, the same type and width of trim shall be used.
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f. Garage Door. The garage door shall incorporate the following features:
i. Garage doors shall be a single-car door in size (i.e., two-car garage doors prohibited);
ii. Black metal hinges and handle door hardware;
iii. Wood board construction, or be of a material shaped to imitate wood board construction;
iv. If windows are used, windows shall include rectangular grids and shall be located on the upper third of the garage door; and
v. If panels are used, panels shall be narrow and rectangular and extend from bottom of door to top of door. If windows are also used, the panels shall extend from bottom of door to bottom of windows.
2. Craftsman Style.
a. Roofs. Roofs shall be front-gabled, side-gabled, or cross-gabled and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 3/12 and 8/12.
ii. Roof Detailing. The roof shall have unenclosed eave overhangs. Exposed roof rafter and/or braces under the gables (i.e., knee braces or corbels, etc.) shall be included.
iii. Optional. Shed or gabled roof dormers may be used.
b. Windows. All windows on the front elevation shall be single- or double-hung sash windows with at least three (3) small panes above one (1) large pane (e.g., three (3) small panes over one (1) large pane, six (6) small panes over one (1) large pane window, etc.).
c. Exterior Walls. Exterior walls shall be horizontal lap or shingle siding that is two-and- one-half (2.5) to six (6) inches wide, or board and batten siding, or shingle siding, or stone and mortar, or brick and mortar, or a mix of the siding options mentioned. Fiber cement board and shingles may be used in place of wood siding or shingles.
d. Optional Porch. If an entry porch is provided, the porch shall be located under the roofline and supported by tapered or square columns with square bases that extend to the ground.
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3. Queen Anne Style.
a. Roofs. Roofs shall be hipped and/or gabled and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 8/12 and 18/12.
ii. Roof Detailing. Front-gables, if used, shall include scalloped shingles with a window or vent.
iii. Optional. Multiple gables and dormers may be used.
b. Windows. All windows on the front elevation shall be single- or double-hung sash windows with small panes above one (1) large. All windows on the building shall be vertically proportioned, with a minimum height of two (2) feet for every one (1) foot of width, and a maximum height of three-and-one-half (3.5) feet for every one (1) foot of width.
c. Exterior Walls. Exterior walls shall be horizontal lap siding that is between two-and- one-half (2.5) to six (6) inches wide and/or shingle siding. Fiber cement siding may be used in place of wood siding.
d. Optional Porch. If an entry porch is provided, the porch shall include turned spindle columns and railing. Porches may also include the use of spindlework detailing.
e. Optional Features. Chamfered bay windows may be used. This feature is defined as an architectural projection that is either attached to the ground or projects from the building façade, contains windows that cover at least sixty percent (60%) of the projecting faces with glass area, and has side faces that are angled (chamfered) back toward the building rather than forming a right-angled corner.
4. Delta Style.
a. Roofs. The roof shall be a single-front gabled roof and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 6/12 to 12/12.
ii. Roof Detailing. A rectangular vent shall be utilized at ends of the front-facing gable. The roof shall have soffited eaves.
b. Windows. All windows on the building shall be vertically proportioned, with a minimum height of two (2) feet for every one (1) foot of width. The window shall
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include flat trim measuring no more than three-and-one-half (3.5) inches side surrounding all sides of the window.
c. Exterior Walls. Exterior walls shall be horizontal clapboard siding that is between two-and-one-half (2.5) to six (6) inches wide, or board and batten siding. Fiber cement siding may be used in place of wood siding.
d. Optional Porch. If an entry porch is provided, the porch shall have a roof pitch that is no greater than 4/12, supported by square posts not to exceed 10 inches wide that extend to the ground, and include railing. Porches may also include the use of spindlework detailing.
5. Italianate Style.
a. Roofs. The roof shall be a hipped roof and incorporate the following elements.
i. Roof Pitch. The roof pitch shall be between 3/12 and 6/12.
ii. Roof Detailing. The roof shall have eave overhangs that are at least twelve (12) inches, supported by large, decorative roof brackets under an ornamental cornice.
iii. Optional. A singular square-cupola or tower may be used, but shall not exceed the overall height maximum of the structure and shall not exceed six (6) square feet in size.
b. Windows. All windows on the building shall be vertically proportioned, with a minimum height of two (2) feet for every one (1) foot of width, and a maximum height of three-and-one-half (3.5) feet for every one (1) foot of width.
c. Exterior Walls. Exterior walls shall be horizontal lap siding that is between four (4) to six (6) inches side, brick and mortar, or board-and-batten siding. Fiber cement siding may be used in place of wood siding.
d. Optional Porch. If an entry porch is provided, the porch shall be a wrap-around porch (or smaller entry porch) with double columns.
e. Optional Features. Angled bay cut-away forms and windows may be used on the front elevation. Paneled wood doors may also be used.
6. Spanish Eclectic Style (also known as Spanish Revival).
a. Roofs. The roof shall be cross-gabled, hipped, or a combined hipped-and-gabled roof and incorporate the following elements:
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i. Roof Pitch. The roof pitch shall be between 2/12 and 5/12.
ii. Roof Detailing. The roof shall be red tile, include red tile vents on open gables, and shall not have a roof eave overhang that exceeds four (4) inches.
b. Windows. All windows shall be recessed casement windows. On the front elevation, one (1) window with a rounded arch shall be provided that is larger than any other window on the building.
c. Exterior Walls. Exterior walls shall be stucco.
d. Doors. Exterior doors shall be recessed, and be either wood plank or wood paneled doors. A rounded arch shall be provided over the main door.
e. Optional Porch. If a porch is provided, the porch shall be uncovered.
7. 1950s Ranch Style.
a. Roofs. The roof shall be cross-gabled, side-gabled, hipped, or cross-hipped and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 3/12 and 5/12.
ii. Roof Detailing. The roof shall have soffited eaves.
b. Exterior Walls. Exterior walls shall be smooth stucco, horizontal lap siding, shingles, board-and-batten, stone, brick and mortar, or a combination of these materials. Fiber cement siding may be used in place of wood siding.
c. Optional Window Detailing. Windows may include open shutters.
d. Optional Porch. If an entry porch is provided, the porch shall not be greater than one- hundred (100) square-feet in size.
D. Design Style Deviations. Applicants for accessory dwelling units may seek a waiver from a required design standard listed in this section by requesting a design review in accordance with FMC 17.105.110.
SECTION 3 SCOPE
Except as set forth in this ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect.
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SECTION 4 SEVERABILITY
If any section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.
SECTION 5 EFFECTIVE DATE
This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.
This ordinance was introduced and the title thereof read at the regular meeting of the City Council on March 24, 2026 and the second reading occurred at the regular meeting of the City Council on April 14, 2026.
On a motion by Councilmember seconded by Councilmember , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this 14th day of April, 2026, by the following roll-call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
__________________________________
Justin Raithel, MAYOR
ATTEST:
______________________________
Christa Freemantle, CITY CLERK
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263
-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 5, 2025
Pam Johns
Contract City Planner
City of Folsom
50 Natoma Street
Folsom, CA 95630
Dear Pam Johns:
RE: City of Folsom – Accessory Dwelling Unit (ADU) Ordinance Updates – Letter of Technical Assistance
The most recent ADU ordinance on file for the City with the California Department of Housing and Community Development (HCD) is from 2020. Given the numerous changes to State ADU Law since the adoption of the ordinance, the ordinanc e may be outdated and out of compliance with State ADU Law. If H CD’s records are incorrect, and a new ordinance has been adopted, please submit it to the ADU Portal for HCD’s review.
Below are the changes to State ADU Law that have occurred in rec ent years and may warrant an update to the City’s ADU ordinance:
Updates to the ADU Handbook (2025)
• Clarifies that ADU Law prohibits deed restrictions on ADUs. A deed restriction would be an “additional standard” and thus cannot be imposed on ADUs (Gov.
Code, § 66315).
• Clarifies that homeowners’ associations (HOAs), as a third party, cannot influence the approval of an application to create an ADU. Third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov.
Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or junior ADU (JADU) permit application (Gov. Code, § 66317, subd. (c)).
• Clarifies that a local agency may not require parking as a condition to permitting a JADU, even when the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).
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Pam Johns, Contract City Planner
Changes to ADU Law in 2025:
• Specifies that if a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, owner-occupancy will not be required (Gov. Code, § 66333, subd. (b)).
• Require rental terms for JADUs for terms longer than 30 days (Gov. Code, § 66333, subd. (g)).
• Specifies that if a local agency fails to submit an adopted ADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs (Gov.
Code, § 66326, subd. (d)).
• Revises the definition of a “junior accessory dwelling unit” to require the size of a JADU to be no more than 500 square feet of interior livable space (Gov. Code, § 66313, subd. (d)).
• Revises the limitations on impact fees to, instead, prohibit impact fees upon the development of an ADU that has 750 square feet of interior livable space or less or a JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit (Gov. Code, § 66311.5, subds. (a) – (d)). • Requires a permitting agency to determine whether an application for an ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application (Gov.
Code, § 66317, subd. (a)(2)(A)).
• Requires the permitting agency to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice and authorizes the applicant to cure and address the application, as specified, if it is determined that an application is incomplete (Gov. Code, § 66317, subd. (a)(2)(B)).
• Requires the permitting agency to provide a process for the applicant to appeal a denied application, as provided, and requires the permitting agency to provide a final written determination by not later than 60 business days after receipt of the written appeal if a permit application is determined to be incomplete or is denied (Gov. Code, § 66317, subd. (d)(1)).
• Specifies that an ADU or JADU that contains less than 500 square feet of interior livable space does not increase assessable space. • Revises size limitations to be based on the square footage of interior living space of the ADU (Gov. Code, § 66321, subds. (b)(2)(A), (b)(2)(B), and (b)(3)). • Specifies the number of allowable ADUs per lot with a proposed or existing single-family dwelling (Gov. Code, § 66323, subd. (a).
03/24/2026 Item No.8.
Pam Johns, Contract City Planner
• Clarifies that fire sprinklers are not required for a JADU if the primary residence does not have fire sprinklers and that the addition of a JADU cannot trigger the requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)). • Adds section 66333.5, which specifies that if a local agency fails to submit an adopted JADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when processing applications for ADUs.
• Requires a local agency to issue a certificate of occupancy for an ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
• Creates an exception to areas that fall under the California Coastal Act by requiring a local government or the Coastal Commission, as specified, to either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (a).) • Specifies that no reimbursement is required for school service charges, fees, or assessments sufficient to pay for the program or level of service within the meaning of Government Code section 17556 (Gov. Code, § 66329). • Specifies that reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civil Code, § 714.3, subd. (b)).
Changes to ADU Law in 2024:
• SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws. • Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Gov.
Code, § 66332, subds. (a)-(c)).
• Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Provides that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code, § 66314, subd. (d)(11)).
03/24/2026 Item No.8.
Pam Johns, Contract City Planner
• Changes the allowable number of detached ADUs on a lot with an existing multifamily dwelling to eight detached ADUs, provided that the number of ADUs does not exceed the number of existing units on the lot (Gov. Code, § 66323, subd. (a)(4)(A)(ii)).
• Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a) (Gov. Code, § 66323, subd. (b)).
Changes to ADU Law in 2023:
• Sunsets a former prohibition on a local agency imposing an owner occupancy requirement on any ADU and instead prohibits a local agency from requiring owner occupancy for an ADU (Gov. Code, § 66315).
• Allows a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342).
Changes to ADU Law in 2021:
• Allows a local agency to permit the separate conveyance of ADUs from the primary dwelling under Government Code section 66341 in certain circumstances.
Changes to ADU Law in 2020:
• Requires that an application for the creation of an ADU or JADU is deemed approved (not just subject to ministerial approval) if the local agency has not approved or denied the completed application within 60 days (Gov. Code, § 66317, subd. (a)).
• Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met (Gov. Code, § 66323, subd. (a)(1)(A)). • Allows for rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents (Civ. Code, §§ 4740, subd. (a); 4741, subd. (a)). • Allows a homeowner to create “any of the following”: one converted or attached ADU; one detached, new construction ADU; and one JADU (Gov. Code, § 66323, subds. (a)(1)-(2)). More information can be found in HCD’s 2025 ADU Handbook.
03/24/2026 Item No.8.
Pam Johns, Contract City Planner
Changes to ADU Law in 2019:
• Prohibits a local agency from including requirements on minimum lot size in development standards for ADUs (Gov. Code, § 66314, subd. (b)(1)). • Allows a local agency to designate areas where ADUs may be located based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety (Gov. Code, § 66314, subd. (a)).
• Eliminates all owner occupancy requirements by a local agency for ADUs approved between January 1, 2020, and January 1, 2025 (Gov. Code, § 66315). • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build an ADU of up to 800 square feet (Gov. Code, § 66321, subds. (b)(2), (b)(3)).
• Prohibits a local agency from requiring replacement of off-street parking spaces for ADUs created through the conversion of a garage, carport, or covered parking structure (Gov. Code, § 66314, subd. (d)(11)).
• Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Gov. Code, §§ 66317, subd. (a); 66335, subd. (2)). • Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public (Gov. Code, § 66313, subd. (m)).
• Adds impact fee exemptions and limitations based on the size of the ADU.
ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees, but those fees must be proportional in size (by square foot) to fees charged for the primary dwelling unit (Gov. Code, § 66324, subd. (c)(1)).
• Defines of an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot (Gov. Code, § 66313, subd. (b)). • Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them (Gov. Code, § 66320).
• Allows for a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single-family residence (Gov.
Code, § 66333, subd. (d)).
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency (Gov. Code, § 66331; HSC, § 17980.12).
03/24/2026 Item No.8.
Pam Johns, Contract City Planner
• Makes covenants, conditions, and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use void and unenforceable (Civ. Code, § 4751)).
If an existing ADU ordinance fails to meet the requirements of State ADU Law, the ordinance is “null and void” and the local jurisdiction must apply the standards set forth in State ADU Law until it adopts an ordinance that complies with state law (Gov. Code, § 66316). HCD recommends that a local jurisdiction with a noncompliant ADU ordinance repeal the ordinance to provide clarity for ADU applicants who may otherwise rely on the outdated ordinance.
HCD requests a response by January 4, 2026 with either (1) a description of how the ADU ordinance continues to comply with State ADU Law despite the changes to the law, or (2) a plan and timeline to either repeal the current ordinance or adopt an amended, compliant ordinance and submit it to HCD for review.
If you have any questions or need additional information, please contact Shasta Garcia at [email protected].
Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
03/24/2026 Item No.8.
03/24/2026 Item No.8.
AGENDA ITEM NO. 1
Type: Public Hearing
Date: March 4, 2026
Planning Commission Staff Report
50 Natoma Street, Council Chambers
Folsom, CA 95630
Project: Zoning Code Update – Accessory Dwelling Unit Ordinance and Determination that the Project is Exempt from CEQA
File #: ZCAM26-00007
Request: Recommend Council Repeal and Re-Enact Folsom Municipal Code Chapter 17.105 with the New Draft ADU Ordinance
Location: City-wide
Parcel(s): N/A
Staff Contact: Nathan Stroud, Associate Planner, 916-461-6220 [email protected]
Recommendation: Recommend to the City Council the repeal and replacement of Chapter 17.105 (Accessory Dwelling Units) of the Folsom Municipal Code (FMC) with Ordinance No. 1361.
Project Summary: Since the enactment of the current Accessory Dwelling Unit (ADU) Ordinance in 2020, the State has enacted several new laws affecting what the City is able to regulate for ADUs. As a result, several provisions of the City’s existing ADU standards are now in consistent with State Law. Unless the City updates the ADU Ordinance to comply with new State requirements, the City’s ADU Ordinance may be deemed null and void by the California Housing and Community Development Department (HCD). In addition, staff have identified internal inconsistencies and conflicting standards within the existing ADU Ordinance that have complicated implementation and enforcement of its requirements. The proposed Ordinance No. 1361 seeks to remedy these issues.
Accessory dwelling units, when designed well, can provide a more affordable housing option in existing areas without significantly altering the residential character of the neighborhood. Staff have prepared the attached ADU Ordinance to replace the City’s existing citywide regulations on ADUs contained in Chapter 17.105. The proposed ordinance seeks to ensure that the City’s ADU requirements are consistent with State law, that all applicable standards are objective and enforceable, and that ADUs continue to adhere to the protections of the existing ordinance for privacy, good design, and respect for neighborhood context.
Accessory dwelling units, when designed well, can provide a more affordable housing option in existing areas without altering the character of the neighborhood.
Environmental Review: The proposed project is statutorily exempt from CEQA under
03/24/2026 Item No.8.
Historic District Commission
Zoning Code Update – Accessory Dwelling Unit Ordinance (ZCAM26-00007) March 4, 2026
Section 21080.17 of the California Public Resources Code (PRC) and no further environmental review of the project is required. Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Divisio n 1 of Title 7 of the Government Code (the State ADU law). The ordinance implements ADU regulations in the City of Fols om in a manner that is consistent with the requirements of state law. As such, the adoption of the ordinance is exempt from CEQA.
NOTICE OF PUBLIC HEARING
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Legal advertisement of this hearing was published in the Folsom Telegraph on February 6, 2026, at least 20 days prior to the hearing date.
Attachments:
1. Ordinance No. 1361 - An Ordinance of the City of Folsom for the Repeal and Re-
Enactment of Chapter 17.105 of the Folsom Municipal Code Pertaining to Accessory Dwelling Units
2. HCD Letter of Technical Assistance, dated 12-5-25
Submitted,
PAM JOHNS
Community Development Director
03/24/2026 Item No.8.
Historic District Commission
Zoning Code Update – Accessory Dwelling Unit Ordinance (ZCAM26-00007) March 4, 2026
City of Folsom
DESCRIPTION/ANALYSIS
DESCRIPTION
On December 5, 2025, the California Department of Housing and Community Development (HCD) sent a letter to the City requesting that the City repeal and update its Accessory Dwelling Unit (ADU) Ordinance to align with changes to State ADU law since the ordinance’s adoption in 2020 (refer to Attachment 2). Pursuant to Government Code Section 66326, if the City is unable to provide HCD with an updated, State - compliant ADU Ordinance, the City’s existing ordinance will be deemed null and void, and the City will be required to enforce only the State’s ADU requirements. City staff provided HCD with a timeline to adopt an updated ADU Ordinance by April 2026, which HCD accepted. If the City fails to submit and adopt an updated ordinance by that date, the City risks having its ADU Ordinance declared null and void by HCD.
Since the enactment of the current Accessory Dwelling Unit (ADU) Ordinance in 2020, the State has enacted several new laws affecting the manner in which the City can regulate ADUs. Some changes which affect the City’s existing ADU Ordinance include:
• Requirement that the City determine application completeness within 15 days of submittal, and to approve or deny an application for the creation of an ADU or JADU within 60 days. If the City fails to act within the 60 -day timeframe, the application is automatically deemed approved (SB 543, 2025) • Specifies that if the City fails to submit an adopted ADU ordinance to HCD or fails to respond to HCD’s findings regarding their ordinance, that the City’s ordinance is null and void and the City must only apply State ADU Law (SB 9, 2025) • Prohibits the City from imposing any development or design standards on ADUs created pursuant to Government Code 66323 (also known as ‘state-mandated’ or ‘state-exempt’ ADUs, or ‘66323 Units’) (SB 1211, 2024). • Expands the number of allowable detached ADUs on an existing multi-unit dwelling lot to eight, provided that the number of ADUs does not exceed the number of existing units on the lot (SB 1211, 2024).
• Prohibits the City from requiring owner occupancy for an ADU, or for a JADU with independent bathroom facilities (AB 1154, 2025).
• Prohibits requiring the replacement of uncovered off -street parking if demolished in conjunction with the construction of an ADU, and prohibits the City from imposing parking requirements for ADUs in many instances (SB 1211, 2024). • Clarifies that single-unit lots are allowed to construct at least three types of ADUs and one JADU total , for a total of up to four ADUs on a single -unit lot (SB 543, 2025)
• Requires ministerial approval of an application to create a state-mandated ADU or JADU (AB 68, 2019).
• Clarifies that ADU size limits are based on the interior livable space of the unit (SB 543, 2025).
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Historic District Commission
Zoning Code Update – Accessory Dwelling Unit Ordinance (ZCAM26-00007) March 4, 2026
City of Folsom
Based on these changes, staff have prepared a new draft ADU Ordinance to ensure consistency with new State laws while maintaining and strengthening standards where the City is still able to exercise local control, such as size, height, and other objective design and development standards applied to any non-state-mandated ADU (also known as a non-66323 unit). Once adopted by the City, the City’s new ADU Ordinance will be subject to review and approval by the California Housing and Community Development Department (HCD) to have legal effect.
In addition to the draft ADU Ordinance, once approved by HCD, staff also plan to update the City’s Accessory Dwelling Unit Design Workbook to reflect the amended ADU requirements.
POLICY/RULE
The City’s draft ADU Ordinance is consistent with the City’s 2035 General Plan including the Land Use and Housing Elements. Specifically, the draft ADU Ordinance is consistent with the following City policies:
General Plan Land Use (LU) and 2021-2029 Housing Element Policies:
• LU 6.1.2 Historic Folsom Residential Areas - Preserve and protect the residential character of Historic Folsom’s residential areas.
• Policy H-1.5 - The City shall support the development of accessory dwelling units on single-family parcels.
• Policy H-2.1 - The City shall continually strive to shorten permit processing and review times to the greatest extent possible by allowing concurrent processing. • Policy H-2.2 - The City shall strive to ensure that its current development impact fee structure does not unnecessarily constrain production of residential development.
• Policy H-2.4 - The City shall provide incentives to encourage the construction of accessory dwelling units and multi-generational housing units. • Policy H-2.5 - The City shall endeavor through its development and design standards and decision making to provide consistent and predictable policy direction for residential project applicants.
• Policy H-5.1 - The City shall strive to ensure adequate and affordable housing for seniors and persons with disabilities, particularly in areas near public transportation, shopping, medical, and other essential services and facilities.
ANALYSIS
Staff is proposing Ordinance No. 1361 to replace Chapter 17.105 of the Folsom Municipal Code, as provided in Attachment 1. The draft ordinance is intended to ensure consistency with Government Code Title 7, Division 1, Chapter 13 (Accessory Dwelling Units) in
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Historic District Commission
Zoning Code Update – Accessory Dwelling Unit Ordinance (ZCAM26-00007) March 4, 2026
City of Folsom
response to HCD’s request. A general list of the changes made under the draft ordinance are provided below:
1. Ensured consistency with Government Code Title 7, Division 1, Chapter 13 (Accessory Dwelling Units) by removing any conflicting standards, updating definitions and terminology, and adding requirements regarding procedure, fees, and processing time.
2. Ordinance reorganized and consolidated for clarity, readability, and consistent formatting/terminology; addressed inconsistent standards, and ensured standards are objective and enforceable.
3. Minor modifications to objective design standards to ensure good design that respects privacy and ensures neighborhood compatibility.
4. Added objective design standards for a new Carriage House style for ADUs located in the Historic District.
5. Clarified that all ADUs are subject to a ministerial review, and are not subject to discretionary review or hearing. This includes changing the level of review for ADUs in the Historic District to a staff-level review.
6. Outlined process for a voluntary staff -level discretionary design review option for applicants to request deviations from the ADU objective design standards.
7. Updated requirements for ADUs on lots with multi-unit developments.
8. Updated the total number of ADUs allowed on multi-unit and single-unit properties, in accordance with State Law.
The intent for these changes is to ensure that the City’s ADU Ordinance is consistent with State Law and thus enforceable, and that the City’s ADU requirements are simplified and easier to understand . The draft ordinance also seeks to bolster the City’s ADU requirements to ensure continued good design that respects privacy and encourages compatibility with the neighborhood within the limits allowed under State Law. The draft ordinance also addresses issues identified during implementat ion of the existing AD U ordinance.
A more detailed description of some of the important changes is provided in the subsequent sections of this staff report.
Ensured Consistency with Government Code Title 7, Division 1, Chapter 13 (Accessory Dwelling Units)
Generally, the draft ordinance modifies the City’s ADU requirements to ensure consistency with the Government Code. Notable changes include aligning definitions and terminology with State law, clarifying the level of review for ADUs, adding new sections to address new State -mandated requirements, and removing standards that potentially conflict with State law.
Regarding definitions, a significant change involves how attached and detached ADUs
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are defined in the City’s ordinance. The existing ordinance defines attached ADUs as an ADU that is built as an expansion to an existing residence or accessory building, and a detached ADU as a new, standalone building. This definition is at odds with Stat e Law, which defines ‘attached’ and ‘detached’ in reference to whether the ADU is physically attached or detached from the primary dwelling. For example, an ADU constructed above an existing detached garage is considered a detached ADU under State Law due to its separation from the primary dwelling, however this is considered an attached ADU under the City’s existing ADU ordinance. This inconsistency results in a conflict between the standards that are applied (e.g., maximum size, height, setbacks) and Government Code requirements. The draft ordinance revises these definitions to align with the Government Code. Additional definitions have also been added or modified to reflect updated Government Code terminology, including defining ADU size based on “livable space,” which reduces ambiguity in the implementation and enforcement of ADU requirements.
Regarding the level of review, the draft ordinance also specifies that all ADUs are exempt from discretionary review or hearing, and are subject to only a ministerial review.
The draft ordinance also adds new sections regarding additional requirements mandated by State Law. This includes a new “Processing Time” section which outlines the State - mandated review timeframe for ADU applications. In accordance with Government Code Section 66317, the City must deem an application to "create or serve" an ADU complete or incomplete within 15 business days after receipt of the application. Additionally, the City must approve or deny a complete application within 60 days of receipt of a complete application. If the City fails to make a determination within 60 days, the State law requires that the ADU application is deemed approved. A new “Fee Requirements” section has also been added to consolidate all fee requirements of the existing ordinance, and ensures consistency with State Law. This includes limiting development impact fees for ADUs larger than 750 square -feet, and prohibiting the imposition of connection fees or capacity charges for ADUs not constructed alongside a new primary dwelling.
Finally, the draft ordinance removes or revises requirements that conflict with State Law.
For example, the existing ordinance requires attached ADUs to comply with the side setback standards of the underlying zoning district; however, State law requires t hat attached ADUs be permitted with side and rear setbacks of no more than four feet. This standard has since been updated to be consistent with State Law. The draft ordinance also includes language stating that, in the event of a conflict between State la w and the local ordinance, State law shall prevail. This provision is intended to account for future changes to State ADU law. Additionally, while development standards such as lot coverage and setbacks may continue to apply to non -State-mandated ADUs (i.e., ADUs not covered by Government Code Section 66323) , the ordinance states that these standards may not preclude the development of at least one 800 -square-foot ADU with four-foot side and rear setbacks, as required under State law.
Some standards that were modified in order to be consistent with State Law are shown in the table below; other standards that were modified are discussed in the other sections of this report:
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Standards Changed for Compliance with Government Code
Applicability Standard Existing Requirement Proposed Compliant Requirement
State-
Mandated Attached/
Detached ADU
Front Setback 20 feet No Requirement
State-Mandated
Detached ADU Maximum Height 16 feet
16 feet; +2 feet if
within one-half mile of
a major transit stop;
+2 feet more if
matching roof pitch of
primary dwelling
State-Mandated
Attached ADU Maximum Height 16 feet 25 Feet
Non-State-Mandated
Attached ADU Side/Rear Setback Same as Zone 4 Feet
Reformatted Chapter 17.105 of Folsom Municipal Code
In order to provide greater clarity regarding ADU requirements, certain provisions and sections of FMC 17.105 have been relocated and consolidated. Whereas the existing ADU Ordinance spread development standards across multiple different sections, the proposed draft ordinance consolidated all applicable development standards into singular, ADU-type specific sections with a standardized format. This framework reduces the number of sections an applicant needs to review to understand the ADU requirements prior to designing a project, and reduces the number of conflicting standards within the ordinance.
Design Standards Made Objective Where Necessary
Government Code Section 66314 requires that a local ADU ordinance utilize only objective standards, which are defined as “standards that involve no personal or subjective judgment by a public official” and are clearly stated in the ADU ordinance. For example, requiring “wide roof eaves” is not objective, however requiring a “roof eave of at least 1.5 foot in width” is an objective and enforceable standard. Staff have updated the design standards for ADUs as needed to ensure that they are objective and enforceable by provi ding measurable requirements, replacing the use of “may be required” with “shall be required”, and removing other language indicating subjective interpretation. This has not substantively changed the existing requirements, but instead makes them clearer and more enforceable.
Standardized Requirements, Fixed Inconsistencies and Conflicts The existing ADU ordinance contains conflicting or inconsistent standards which need to be addressed to provide clarity for property owners. This includes height maximums that conflicted with different sections of the ordinance and with the Government Code, varied and confusing setback standards, and conflicts between the Historic District and general ADU Design Standards. Where possible, the draft ordinance provide s uniform and consistent development standards based on the type of accessory dwelling unit w ithout
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substantively changing the requirement from the existing ordinance, with changes where needed to comply with State Law.
Added New Carriage House Style Option for Historic District Accessory Dwelling Units
A new architectural style named the “Carriage House” style is proposed in the draft ordinance for Historic District ADUs to provide design standards for an above -garage ADU option. This additional style was added based on previous ADU projects in the Historic District, which frequently included a new garage with an above-garage ADU. The new style encourages the above-garage ADU to be built within the roof gable to limit the visual massing of the two -story structure, requires that exterior materials match th e primary dwelling, and ensures that the garage itself has an appearance that imitates a traditional carriage house.
Clarification and Modification of Review Authority
Under Government Code Section 66316, the City is required to provide a ministerial approval process for all ADUs in the City’s ADU Ordinance . Further, Government Code Section 66317 requires that ADU reviews be considered ministerially without discretionary review or a hearing. The draft ordinance has been updated consistent with this requirement, which applies to all types of ADUs, including both state mandated ADUs (e.g., those ADUs covered by Government Code Section 66323) and non -State- mandated ADUs.
In effect, this changes the level of review for ADUs in the Historic District. Whereas the City’s existing ADU Ordinance states that non -state-mandated ADUs require review by the Historic District Commission with a public hearing, the draft ordinance requires that all ADUs City -wide, including in the Historic District, are a staff -level ministerial review without public hearing, as required under State Law.
Standard Design Review Option for Deviations from Design Standards An optional standard design review process has been added to allow applicants to request deviations from the objective design standards provided in the draft ordinance .
The intent is to provide flexibility to property owners to propose alternative and acceptable designs that may not necessarily satisfy the objective design standards outlined in the Folsom Municipal Code, such as if an alternative architectural style is proposed that is not from the approved list for ADUs within the Historic District , but is a style consistent with the 1850 and 1950 era of the Historic District . The project would undergo the standard staff-level design review process, which includes determi ning that it complies with all applicable design standards , such as the Historic District Design and Development Guidelines for example, and that it is compatible with the overall design character of the neighborhood, among other required findings.
The draft ordinance provides for an objective and ministerial process by default, as required by Government Code Section 66316, and this alternative, voluntary and optional discretionary process is intended to provide the applicant more flexibility should a good alternative design be proposed that does not necessarily adhere to the objective
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standards. However, thus would be a staff-level design review process for so that the City can continue to comply with the 60 day timeline required for ADU approvals, as specified in Government Code Section 66317.
Expanded Standards for Accessory Dwelling Units in Multi-Unit Developments To provide clarity regarding the objective development standards applicable to ADUs constructed on multi-unit lots, the draft ordinance includes standards, as allowed in the Government Code , for setbacks, height, parcel coverage, and size. The formatting is similar to that of the development standards for ADUs constructed on single -unit properties.
Updated Total Number of ADUs allowed on Single-Unit and Multi-Unit Properties Pursuant to Government Code Sections 66323 and 66317, State law allows single -unit lots to contain at least three ADUs and one JADU. This includes one newly constructed detached ADU, one ADU created entirely through the conversion of existing building space, one JADU, and one additi onal ADU, either attached or detached, provided it complies with the City’s ADU Ordinance.
In addition, existing multi -unit developments are permitted to convert non -livable space into ADUs, up to a maximum of 25 percent of the number of existing primary dwelling units, and may also construct up to eight new detached ADUs so long as the number of ADUs does not exceed the number of existing units . Proposed new multi -unit developments may construct up to two detached ADUs.
Other Modifications to ADU Ordinance
The following additional modifications have been made to the ordinance, consistent with State law:
Standards Changed for Compliance with Government Code
Applicability Standard Existing Requirement Proposed Compliant Requirement
Non-State-
Mandated
Attached ADU
Front
Setback
Same setback as zone if
>16 feet tall and attached to
primary dwelling;
20 feet if >16 feet tall and
attached above an
accessory structure
Same setback as zone*
Non-State-
Mandated
Detached ADU
Front
Setback Same setback as zone
Shall not break the front
plane of the primary
dwelling*
(i.e., cannot be located
closer to street than the
main residence)
Non-State-
Mandated
Attached ADU
Maximum
Height
25 feet in Historic District;
30 feet elsewhere.
Height shall not exceed
height of primary dwelling.
Same height requirement
as zone; Height shall not
exceed height of primary
dwelling*
03/24/2026 Item No.8.
Historic District Commission
Zoning Code Update – Accessory Dwelling Unit Ordinance (ZCAM26-00007) March 4, 2026
City of Folsom
Standards Changed for Compliance with Government Code
Applicability Standard Existing Requirement Proposed Compliant Requirement
Non-State-
Mandated
Detached ADU
Maximum
Height
25 feet in Historic District;
30 feet elsewhere.
Height shall not exceed
height of primary dwelling.
25 feet; Height shall not
exceed height of primary
dwelling*
Non-State-
Mandated
Attached/Detached
ADU
Second
Story
Windows
(All ADUs)
Any second story wall facing
an abutting property is
required to incorporate
certain privacy features
Any second story window
that is within ten (10) feet
or less of the side and/or
rear property line shall
incorporate certain privacy
features
Standard is enforceable for non-State-Mandated ADUs, unless it precludes the development of an 800 square-foot or larger ADU with 4-foot side and rear setbacks.
Conclusion
The draft ordinance is not intended to drastically change the requirements applied to ADUs in the City of Folsom, but attempts to maintain, to the extent allowed by State Law, existing ADU requirements. The draft ordinance also attempts to standardize ADU requirements to streamline the process , and strengthen standards where needed to ensure better outcomes in design. Some significant changes include changing the level of review for ADUs in the Historic District to staff -level in order to comply with State requirements, increasing the number of allowed ADUs for single - and multi -unit properties, clarifying that all non-state-mandated ADUs require design review by the City, and reformatting the ordinance.
General Plan Consistency
The draft ADU ordinance is consistent with the City of Folsom General Plan policies by promoting the development of ADUs, streamlining the ADU review process, and maintaining neighborhood compatibility within the limits of State law. The draft ordinance incentivizes the development of ADUs (as required in Policies H -1.5 and H -2.4) by providing a ministerial review process, as required for all ADUs, and clarifying development standards. By ensuring that impact fees apply only where allowed by State law, the draft ordinance does not unnecessarily constrain the production of residential development in accordance with Policy H-2.2.
In conjunction, the draft ordinance incentivizes the production of ADUs, providing more options for adequate and affordable housing for seniors and persons with disabilities (as required in Policy H -5.1). Regarding the General Plan policies related to effi ciency and predictability (Policies H-2.1 and H-2.5), the draft ordinance also simplifies, clarifies, and consolidates requirements to provide a clear pathway to ADU development and outline required processing timelines for applications. Finally, by ensuri ng that the design standards, including the Historic District ADU design standards, are objective and enforceable, the draft ordinance also supports Policy LU 6.1.2.
03/24/2026 Item No.8.
Historic District Commission
Zoning Code Update – Accessory Dwelling Unit Ordinance (ZCAM26-00007) March 4, 2026
City of Folsom
ENVIRONMENTAL REVIEW
Pursuant to Section 21080.17 of the California Public Resources Code, the adoption of the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code (the State ADU law). The ordinance implements ADU regulations in the City of Folsom in a manner that is consistent with the requirements of state law. As such, the adoption of the ordinance is exempt from CEQA.
NOTICE OF PUBLIC HEARING
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Legal advertisement of this hearing was published in the Folsom Telegraph on February 6, 2026, at least 20 days prior to the hearing date.
RECOMMENDATION
Staff recommends that the Commission approves a recommendation to City Council supporting the repeal and replacement of the existing Chapter 17.105 in Title 17 of the Folsom Municipal Code (FMC) with the new draft Accessory Dwelling Unit Ordinance No. 1361.
COMMISSION ACTION
MOVE TO RECOMMEND CITY COUNCIL APPROVAL OF ORDINANCE NO. 1361, AN
ORDINANCE OF THE CITY OF FOLSOM FOR THE REPEAL AND RE-ENACTMENT OF CHAPTER 17.105 OF THE FOLSOM MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS , PROVIDED IN ATTACHMENT 1, BASED ON THE FOLLOWING FINDINGS (FINDINGS A-C).
GENERAL FINDINGS
A. NOTICE OF PUBLIC HEARING HAS BEEN GIVEN AT THE TIME AND IN THE MANNER REQUIRED BY STATE LAW AND CITY CODE.
B. THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE GENERAL PLAN, AND THE ZONING CODE OF THE CITY.
CEQA FINDING
C. THE PROPOSED ORDINANCE IS STATUTORILY EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER SECTION 21080.17 OF THE CALIFORNIA
PUBLIC RESOURCES CODE BECAUSE CEQA DOES NOT APPLY TO THE
ADOPTION OF AN ORDINANCE TO IMPLEMENT THE PROVISIONS OF SECTION 65852.1 OF, OR ARTICLE 2 (COMMENCING WITH SECTION 66314) OR ARTICLE 3 (COMMENCING WITH SECTION 66333) OF CHAPTER 13 OF DIVISION 1 OF TITLE 7 OF THE GOVERNMENT CODE.
03/24/2026 Item No.8.
Historic District Commission
Zoning Code Update – Accessory Dwelling Unit Ordinance (ZCAM26-00007) March 4, 2026
City of Folsom
Attachment 1
Ordinance No. 1361 - An Ordinance of the City of
Folsom for the Repeal and Re-Enactment of Chapter
17.105 of the Folsom Municipal Code Pertaining to
Accessory Dwelling Units
03/24/2026 Item No.8.
Ordinance No. 1361
ORDINANCE NO. 1361
AN ORDINANCE OF THE CITY OF FOLSOM FOR THE REPEAL AND RE- ENACTMENT OF CHAPTER 17.105 OF THE FOLSOM MUNICIPAL CODE
PERTAINING TO ACCESSORY DWELLING UNITS
The City Council of the City of Folsom does hereby ordain as follows:
SECTION 1 PURPOSE
The purpose of this ordinance is to amend the Folsom Municipal Code to conform with new State law regulations pertaining to Accessory Dwelling Units adopted since 2020.
SECTION 2 REPEAL AND RE-ENACTMENT TO CODE
Chapter 17.105 of the Folsom Municipal Code is hereby repealed and re-enacted to read as follows:
Chapter 17.105
ACCESSORY DWELLING UNITS
Sections:
17.105.010 Purpose, applicability and where permitted.
17.105.020 Definitions.
17.105.030 Types.
17.105.040 Density and Consistency.
17.105.050 Processing Time and Submittal Requirements.
17.105.060 Fee Requirements.
17.105.070 Rental and Sale Limitations.
17.105.080 Conditions for Nonconforming Uses and Structures.
17.105.090 Accessory dwelling units subject to mandatory approval.
17.105.110 Accessory Dwelling Units Subject to Design Review
17.105.120 Limitation on the number of accessory dwelling units.
17.105.130 Standards applicable to all accessory dwelling units.
17.105.140 Single-unit developments: Attached accessory dwelling unit standards.
17.105.150 Single-unit developments: Detached accessory dwelling unit standards.
17.105.160 Single-unit developments: Junior accessory dwelling unit standards.
17.105.170 Two-unit and multi-unit developments: Accessory dwelling unit standards.
17.105.180 Parking requirements.
17.105.190 All zones—Design standards.
17.105.200 Historic District zones—Design standards.
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17.105.010 Purpose, applicability and where permitted.
A. Purpose. This chapter establishes regulations and procedures for reviewing and permitting accessory dwelling units in conformance with California Government Code Title 7, Division 1, Chapter 13.
B. Applicability. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this chapter and the city’s building and fire codes, as modified by Government Code Title 7, Division 1, Chapter 13.
For the purposes of this chapter, accessory dwelling units include attached, detached, and junior accessory dwelling units.
C. Building Permit Required. Any accessory dwelling unit or junior accessory dwelling unit shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally.
D. Where Permitted. Accessory dwelling units are allowed on parcels zoned to allow for single- unit, two-unit, and/or multi-unit residential uses where such a parcel includes a proposed or existing primary dwelling unit. Junior accessory dwelling units are allowed on parcels zoned to allow for single-unit residential uses where such parcel includes a proposed or existing primary dwelling unit.
17.105.020 Definitions.
A. “Accessory dwelling unit” (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-unit or multi-unit dwelling is or will be situated, and include a permanent foundation and has a permanent connection to utility services. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
B. “Accessory building” means a detached subordinate building, the use of which is incidental to that of the main building on the same lot, or to the use of the land, such as a detached garage, shed or barn, etc.
C. “Car share” means a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.
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D. “Discretionary review” means the review of an application that involves a decision-makers judgement, and may involve public hearing and/or environmental review. Approvals are granted at the discretion of the City decision-maker. Discretionary review typically applies to projects which may have an impact to the surrounding area, require more analysis, and/or necessitate public feedback. Discretionary reviews often take longer to process than ministerial reviews.
E. “Efficiency kitchen” is defined for purposes of establishing a junior accessory dwelling unit as a cooking facility that includes all of the following:
1. A cooking facility with appliances; and
2. A food preparation counter; and
3. Storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
F. “Independent living facilities” means a residential dwelling unit having permanent provisions for living, sleeping, eating, cooking, and sanitation.
G. “Junior accessory dwelling unit” (JADU) means a unit that is no more than five-hundred (500) square feet in size and contained entirely within a single-unit dwelling. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
H. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
I. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building.
J. “Ministerial review” means review of an application at a staff-level for compliance to clear and objective requirements, and does not involve public hearing. If an application meets all of the City’s requirements, then it shall be approved by staff. Ministerial reviews are exempt from the California Environmental Quality Act (CEQA) and cannot be appealed.
K. “New construction” means the creation of new built space that did not previously exist. This includes a wholly new building, or an addition that increases the space beyond the existing building where new space was not previously a part of the building.
L. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
M. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external
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and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
N. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street or alley to one (1) entrance of the accessory dwelling unit.
O. “Primary dwelling unit” means the single-unit dwelling or each multi-unit dwelling unit, but does not include an accessory dwelling unit or junior accessory dwelling unit. An attached garage is considered part of the primary dwelling unit.
P. “Public transit” means a location, including but not limited to a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Q. “Single-unit, two-unit, and multi-unit” mean the same, respectively, as single-family, duplex, and multi-family residential units.
R. “Spindlework detailing” means which a decorative element created by shaping wood on a spindle lathe to create symmetrical, repeating patterns like beads, coves, rings, and tapers.
Spindlework detailing was often used as decorative spindles, balusters, posts, and trim on railings, porches, staircases, and other architectural features.
S. “66323 unit” means accessory dwelling units that must be approved ministerially in accordance with Government Code Section 66323.
T. “Tandem parking” means two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.
Tandem Parking
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17.105.030 Types.
An accessory dwelling unit approved under this chapter shall be one of the following types:
A. Attached. An accessory dwelling unit that meets the requirements of this chapter, and that is created as a result of new construction or conversion which is attached to an existing or proposed primary dwelling unit, such as through a shared structural wall, floor, ceiling, or roof. An attached accessory dwelling unit may also include, in part or in whole, a conversion of space within an existing primary dwelling unit, and/or an addition to an existing or proposed primary dwelling unit.
B. Detached. An accessory dwelling unit that meets the requirements of this chapter, and that is created as a result of new construction or conversion which is detached and separate from an existing or proposed primary dwelling unit on the same parcel. A detached accessory dwelling unit may also include, in part or in whole, a conversion of space within an existing accessory building, and/or an addition to an existing or proposed accessory building, and/or a newly constructed standalone accessory dwelling unit.
C. Junior Accessory Dwelling Unit. An accessory dwelling unit that is a unit that meets all the following requirements in addition to the requirements of this chapter:
1. Is no more than five-hundred (500) square feet in size; and
2. Is contained entirely within a proposed or existing single-unit primary dwelling; and
3. Has a separate entrance from the main entrance to the proposed or existing single-unit primary dwelling; and
4. Has a bathroom that is either shared with or separate from those of the single-unit primary dwelling; and
5. Includes an efficiency kitchen.
17.105.040 Density and Consistency.
An accessory dwelling unit that conforms to the requirements of this chapter shall:
A. Not be considered for the purposes of evaluating the density requirements established in the General Plan.
B. Be found consistent with the existing General Plan designation and zoning for the lot.
C. Not be considered a new residential use for the purpose of calculating local agency connection fees of capacity charges for utilities, including water and sewer service.
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D. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
17.105.050 Processing Time and Submittal Requirements.
A. Processing time of an application for an accessory dwelling unit shall comply with Government Code Section 66317 and the standards below. Processing time of an application for a junior accessory dwelling unit shall comply with Government Code Section 66335 and the standards below. Where conflict occurs between the regulations of this section and the Government Code, the Government Code regulations shall apply.
1. Within fifteen (15) business days after the City receives an application, the City shall provide written notice whether the application is complete or incomplete.
a. If the City determines an application is incomplete, the City shall provide the applicant with a list of incomplete items, and a description of how the application can be made complete. The list and description shall be provided with the written notice, as required by paragraph (1).
b. After receiving a notice that the application is incomplete, an applicant may cure and address the items deemed incomplete by the City.
c. In the review of an application submitted pursuant to subparagraph (b), the City shall not require the application to include an item that was not included in the list required by subparagraph (a).
d. If an applicant submits supplemental information pursuant to subparagraph (b), the City shall determine whether the supplemental information has remedied all incomplete items listed in the determination issued pursuant to subparagraph (a). This additional application is subject to the timelines and requirements specified in paragraph (1).
e. If the City does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this paragraph.
2. An application to create an accessory dwelling unit or junior accessory dwelling unit shall be approved or denied within sixty (60) days of submission of a complete application, unless:
a. The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted concurrently with an application to create a new primary dwelling unit on the parcel, in which case the City shall not act on the application for the accessory
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dwelling unit or junior accessory dwelling unit until the City acts on the application for the new primary dwelling unit, but the application to create an accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially; or
b. The applicant requests a delay, in which case the sixty (60) day time period shall be tolled for the period of delay.
3. If the City has not acted upon the completed application for an accessory dwelling unit or junior accessory dwelling unit within sixty (60) days, and none of the above exceptions are met, then the application for the accessory dwelling unit or junior accessory dwelling unit shall be deemed approved.
B. Submittal Requirements. The application for an accessory dwelling unit or junior accessory dwelling unit shall be submitted to the Community Development Director. An accessory dwelling unit or junior accessory dwelling unit shall be reviewed for compliance with the standards of this chapter through the planning process, if required, in addition to the established building permit process.
C. Denial/Remedies. If the City denies an application for an accessory dwelling unit or junior accessory dwelling unit, the City will provide in writing a full set of comments within sixty (60) days to the applicant from the date the City received a complete application with a list of items that are defective, deficient, or not compliant, and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrently with the accessory dwelling unit, more than sixty (60) days can be taken by the City.
D. Appeals. Appeals of a determination of incompleteness or a denial of an application by the Community Development Director may be appealed to the Planning Commission in accordance with Folsom Municipal Code Chapter 17.04, with the modification that all appeals of determinations made under this Chapter shall be decided within sixty (60) business days after receipt of the appeal. The Planning Commission’s decision on appeals of determinations made under this Chapter is final and may not be further appealed.
17.105.060 Fee Requirements.
A. Application and Permit Fees. All accessory dwelling units shall be subject to all standard application and processing fees that apply to building permits. If the accessory dwelling unit is required to undergo review through the planning process, the application is subject to a required application fee established by council resolution.
B. Connection Fees or Capacity Charges. An accessory dwelling unit or junior accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-unit dwelling.
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C. Impact Fees.
1. For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service.
2. No City-imposed impact fees shall be charged to an accessory dwelling unit that is seven- hundred-fifty (750) square feet or less in floor area, or a junior accessory dwelling unit that has five hundred (500) square feet or less in floor area.
3. For accessory dwelling units more than seven-hundred-fifty (750) square feet, city- imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the accessory dwelling unit, divided by the floor area of the primary dwelling unit, times the typical fee amount charged for a new dwelling).
a. If any agency or special district other than the city imposes impact fees collected by the city, the city shall collect such fees in accordance with such agency’s or district’s fee schedule.
17.105.070 Rental and Sale Limitations.
A. Long-Term Rentals Only. An accessory dwelling unit and junior accessory dwelling unit may be rented separately from the primary residence; however, the rental shall be for a term of thirty (30) days or longer. Occupancy of the accessory dwelling unit or junior accessory dwelling unit shall not be allowed until the City approves the occupancy of the primary dwelling unit.
B. Sale or Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary dwelling unit to a qualified buyer, as defined in Government Code Section 66341, if all the requirements of Government Code Section 66341 are met.
17.105.080 Conditions for Nonconforming Uses and Structures.
A. Nonconforming Conditions. Notwithstanding Chapter 17.64 of the Folsom Municipal Code, until January 1, 2030 or until a date specified in Health and Safety Code Section 17980.12, whichever is later, an owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances, in relation to the accessory dwelling unit, may request a delay of up to five (5) years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the City, subject to compliance with Government Code Section 66331 and Health and Safety Code Section 17980.12 and the following conditions:
1. The accessory dwelling unit was built before January 1, 2020; or
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2. The accessory dwelling unit was built on or after January 1, 2020 during a time when the City had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
B. The City shall not deny an application for a permit to create an accessory dwelling unit or junior accessory dwelling unit due to the failure to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit in compliance with Government Code Sections 66322 and 66336.
17.105.090 Accessory dwelling units subject to mandatory approval.
The city shall approve any application for an accessory dwelling unit as described in this section and specified in Government Code Section 66323, referred to as a “66323 Unit”. Approval or denial of an accessory dwelling unit specified in Government Code Section 66323 is a ministerial action not subject to discretionary review. The following types of 66323 Units are exempt from the design standards of this chapter and exempt from design review, however they are subject to applicable standards of Government Code Title 7, Division 1, Chapter 13:
A. Any accessory dwelling unit on a lot with an existing or proposed single-unit primary dwelling that is a conversion of the space of a proposed or existing single-unit primary dwelling, and may include an expansion of not more than one-hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress;
B. Any accessory dwelling unit on a lot with an existing or proposed single-unit primary dwelling that is a conversion of the space of an existing accessory building, and may include an expansion of not more than one-hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress; C. Any junior accessory dwelling unit;
D. Any new construction detached accessory dwelling unit on a lot with an existing or proposed single-unit primary dwelling that is eight hundred (800) square feet or smaller in size, has a peak height above finished grade as allowed under the conditions specified in Government Code section 66321, and has a minimum four (4) foot wide side and rear yard setbacks; E. Any accessory dwelling unit that is a conversion of a portion of an existing multi-unit dwelling building that is not used as livable space;
F. Any new construction detached accessory dwelling unit on a lot with an existing or proposed multi-unit primary dwelling that has a peak height above finished grade as allowed under the
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conditions specified in Government Code section 66321, and has a minimum four (4) foot wide side and rear yard setbacks.
17.105.110 Accessory Dwelling Units Subject to Design Review
A. Ministerial Design Review Required. All accessory dwelling units which are not 66323 Units shall be subject to the objective design standards in Section 17.105.190 or 17.105.200, as applicable. Compliance with the objective design standards listed in Sections 17.105.190 and
17.105.200 shall be conducted in accordance with the ministerial design review process outlined in FMC 17.06.045, except as otherwise noted in this section. The city shall ministerially approve any application for an accessory dwelling unit subject to design review if all requirements in this chapter are met.
1. Review Authority. All accessory dwelling units shall be reviewed by the Community Development Director.
a. If a proposed detached accessory dwelling unit project includes proposed new garage space, the proposed new garage space shall be reviewed concurrently with the accessory dwelling unit through a ministerial design review process.
2. Design Review Findings. Notwithstanding the findings of FMC 17.06, in approving or denying an application for ministerial design review under this chapter, the Community Development Director shall make the finding that the accessory dwelling unit complies with the objective design and development standards of this chapter.
B. Deviations from Design Standards. A request to deviate from the design standards contained in FMC 17.105.190 or FMC 17.105.200 may be made by application for design review, in accordance with the standard design review process outlined in FMC 17.06, except as otherwise noted in this section.
1. Review Authority. Any deviations for accessory dwelling units from the objective design standards of this chapter shall be reviewed by the Community Development Director.
17.105.120 Limitation on the number of accessory dwelling units.
A. The number of accessory dwelling units allowed shall comply with Government Code Title 7, Division 1, Chapter 13, as listed below. Where conflict occurs between the regulations of this section and the Government Code, the Government Code regulations shall apply.
1. Accessory dwelling units are permitted in single-unit developments with an existing or proposed single-unit dwelling as long as the units satisfy the requirements of this chapter and the number does not exceed, per single-unit lot:
a. One (1) attached or detached accessory dwelling unit that complies with the requirements of this chapter; and
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b. One (1) accessory dwelling unit that is located within the proposed or existing space of a single-unit dwelling, or located within the existing space of an accessory building, consistent with Government Code section 66323(a)(1); and c. One (1) junior accessory dwelling unit consistent with Government Code section 66323(a)(1); and
d. One (1) new construction detached accessory dwelling unit consistent with Government Code section 66323(a)(2).
2. Accessory dwelling units are permitted in multi-unit developments with an existing or proposed multi-unit dwelling as long as the units satisfy the requirements of this chapter and the number does not exceed:
a. At least one (1) accessory dwelling unit that is a conversion of portions of existing multi-unit dwelling structures that are not used as livable space, up to a maximum of 25% of the original number of approved primary units within the development. When calculating the required number of allowed accessory dwelling units, any fractions of units shall be rounded to the next larger whole number. b. Up to two (2) detached accessory dwelling units on a lot that has proposed multi-unit dwellings, or up to eight (8) detached accessory dwelling units on a lot that has existing multi-unit dwellings provided that the number of accessory dwelling units does not exceed the number of existing dwelling units on the lot.
3. Notwithstanding the above, no more than two units (including ADUs and JADUs) on a parcel created through a Senate Bill (SB) 9 (Chapter 162, Statues of 2021) lot split shall be allowed (Government Code section 66411.7(j)(1)).
17.105.130 Standards applicable to all accessory dwelling units.
The following standards shall apply to all accessory dwelling units. Where conflict occurs between the regulations of this section and the Government Code, the Government Code regulations shall apply:
A. Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.
B. Utility Connections. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services.
1. The city shall not require the applicant to install a new or separate utility connection directly between the attached or detached accessory dwelling unit and the utility unless the utility connection is required by the utility provider. The applicant may voluntarily install a new or separate utility connection, subject to the approval of the utility provider.
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Any utility charges or fees must be consistent with California Government Code Section 66311.5
C. Septic System. If allowed by the city pursuant to FMC 13.20, the accessory dwelling unit may connect to an onsite water-treatment system. The owner shall include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years. Such test must demonstrate the ability of the site to accommodate waste discharge associated with the accessory dwelling unit.
D. Open Space. Accessory dwelling units shall not encroach into required open space areas on a residentially-zoned parcel. This requirement shall not apply to a 66323 unit.
E. Addressing. An accessory dwelling unit shall have its own address according to the City’s standard addressing procedure.
17.105.140 Single-unit developments: Attached accessory dwelling unit standards.
A. 66323 Units. An attached accessory dwelling unit shall qualify as a 66323 Unit if it meets all of the following requirements, in accordance with Government Code Section 66323:
1. Location. Is a conversion of the space of a proposed or existing single-unit primary dwelling that may include an expansion of not more than one-hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum).
3. Setbacks. Has side and rear setbacks that are sufficient for fire and safety.
4. Access. Has exterior access that is independent of that for the proposed or existing primary dwelling unit.
B. All Other Attached Accessory Dwelling Units. An attached accessory dwelling unit that is not a 66323 Unit shall meet all of the following requirements:
1. Location. Is located on a single-unit parcel with an existing or proposed primary dwelling unit, and shares at least one common structural wall, floor, ceiling, or roof with the primary dwelling unit.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum), and at a maximum does not exceed eight-hundred-fifty (850) square feet if it has no more than one (1) bedroom, or one-thousand (1,000) square feet if
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it has two (2) or more bedrooms. Subject to the foregoing maximum size limitation, the total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing primary dwelling unit.
3. Setbacks. Has a front yard setback that conforms to the front setback for the zone in which the attached accessory dwelling unit is located, has side and rear setbacks of at least four (4) feet, and complies with applicable building and fire codes. a. Setback Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing primary dwelling unit may maintain the same setbacks as that of the existing primary dwelling unit; however, the accessory dwelling unit must comply with applicable fire and building codes.
4. Parcel Coverage. For any attached accessory dwelling unit, the parcel coverage standard and pervious surface standard, if applicable, for the zone in which it is located shall apply.
a. Rear Yard Coverage. Notwithstanding the parcel coverage standard, the area covered by an accessory dwelling unit shall not exceed forty (40) percent of the rear yard or eight-hundred (800) square feet, whichever is greater.
b. Parcel Coverage Exceptions. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for any portion of an accessory dwelling unit that is a conversion of the space of an existing primary dwelling unit; however, the accessory dwelling unit must comply with applicable fire and building codes.
5. Height. Height shall not exceed the height standard for the zone in which the attached accessory dwelling unit is located.
a. Additional Height Restrictions. Notwithstanding the height standard, any portion of an attached accessory dwelling unit that encroaches into the required setback area for the primary dwelling unit shall not exceed twenty-five (25) feet. b. Height Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing primary dwelling unit may maintain the same height as that of the existing primary dwelling unit; however, the accessory dwelling unit must comply with applicable fire and building codes.
6. Access. Has exterior access that is independent of that for the proposed or existing primary dwelling unit. The entrance to the accessory dwelling unit shall be located on a different side of the building from the entrance to the primary dwelling unit, except as may be required to comply with applicable fire and building codes.
C. Additional Requirements.
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1. Design Standards. Any accessory dwelling unit must comply with the design standards set forth in Sections 17.105.190 and 17.105.200 for an accessory dwelling unit in the historic district, or Section 17.105.190 for an accessory dwelling unit located outside of the historic district.
a. Design Standard Exceptions. Design Standards shall not apply to 66323 Units specified in Government Code section 66323
2. Exceptions. Notwithstanding the standards of this section, in no event shall any of the standards of this section preclude the development of at least an eight-hundred (800) square foot accessory dwelling unit with four (4) foot side and rear setbacks, in compliance with all other development standards.
17.105.150 Single-unit developments: Detached accessory dwelling unit standards.
A. 66323 Units. A detached accessory dwelling unit shall qualify as a 66323 Unit if it meets either of the following requirements, in accordance with Government Code Section 66323:
1. New Construction Detached 66323 Units:
a. Location. Is detached from the primary dwelling unit and is entirely new construction. b. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one- hundred-fifty (150) square feet minimum), and at a maximum shall not exceed eight- hundred (800) square feet.
c. Setbacks. Has side and rear setbacks of four (4) feet, and complies with applicable building and fire codes.
i. Setback Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same setbacks as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes. d. Height. Has a peak height above finished grade as allowed under the conditions specified in Government Code Section 66321.
i. Height Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same height as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
2. Converted Detached 66323 Units:
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a. Location. Is detached from the primary dwelling unit and is a conversion of the space of an existing accessory building that may include an expansion of not more than one- hundred fifty (150) square feet beyond the physical dimensions of the building for the sole purpose of accommodating ingress and egress.
b. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one- hundred-fifty (150) square feet minimum).
c. Setbacks. Has side and rear setbacks sufficient for fire and safety. i. Setback Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same setbacks as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
B. All Other Detached Accessory Dwelling Units. A detached accessory dwelling unit that is not a 66323 Unit shall meet all of the following requirements:
1. Location. Is located on a single-unit parcel with an existing or proposed primary dwelling unit, and is detached from the primary dwelling unit.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum), and at a maximum shall not exceed eight-hundred-fifty (850) square feet if it has no more than one (1) bedroom or one-thousand (1,000) square feet if it has two (2) or more bedrooms.
3. Setbacks. Has side and rear setbacks of at least four (4) feet, and complies with applicable building and fire codes. In no case shall the accessory dwelling unit break the front plane of the primary dwelling unit. Detached accessory dwelling units shall be located at least six (6) feet from the primary dwelling unit or an accessory building on the same parcel other than a fence or a wall.
a. Setback Exceptions.
i. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same setbacks as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
ii. Notwithstanding Chapter 17.64 of the Folsom Municipal Code, any accessory dwelling unit constructed that is built on top of an existing accessory building with side and/or rear setback of less than four (4) feet may maintain the same side and/or rear setback of that accessory building; however, the accessory dwelling
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unit must comply with applicable fire and building codes. Notwithstanding this exception, in no case shall the accessory dwelling unit break the front plane of the primary dwelling unit.
4. Parcel Coverage. For any detached accessory dwelling unit that is larger than eight- hundred (800) square feet, the parcel coverage standard and pervious surface standard, if applicable, for the zone in which it is located shall apply. a. Rear Yard Coverage. Notwithstanding the parcel coverage standard, the area covered by an accessory dwelling unit shall not exceed forty (40) percent of the rear yard or at least eight-hundred (800) square feet, whichever is greater. b. Parcel Coverage Exceptions. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
5. Height. Height shall not exceed twenty-five (25) feet or the height of the residence, whichever is less.
a. Accessory Dwelling Units near a Listed Historic Structure. Any accessory dwelling unit proposed for construction on or within fifty (50) feet of the property line of a parcel containing a structure listed on a State or Federal register of historic resources shall have a peak height above finished grade of as allowed under the conditions specified in Government Code section 66321.
b. Height Exceptions. Any portion of an accessory dwelling unit that is a conversion of the space of an existing accessory building may maintain the same height as that of the existing accessory building; however, the accessory dwelling unit must comply with applicable fire and building codes.
6. Access. The entrance to the accessory dwelling unit shall be located on a different side of the building from the entrance to the primary dwelling unit, except as may be required to comply with applicable fire and building codes.
C. Additional Requirements.
1. Design Standards. Any accessory dwelling unit must comply with the design standards set forth in Sections 17.105.190 and 17.105.200 for an accessory dwelling unit in the historic district, or Section 17.105.190 for an accessory dwelling unit located outside of the historic district.
a. Design Standard Exceptions. Design Standards shall not apply to 66323 Units specified in Government Code Section 66323.
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2. Exceptions. Notwithstanding the standards of this section, in no event shall any of the standards of this section preclude the development of at least an eight-hundred (800) square foot accessory dwelling unit with four (4) foot side and rear setbacks, in compliance with all other development standards.
17.105.160 Single-unit developments: Junior accessory dwelling unit standards.
A. Generally. A junior accessory dwelling unit shall be allowed on a single-unit parcel with a proposed or existing primary dwelling unit, if the junior accessory dwelling unit meets all the following requirements:
1. Location. Is entirely within the proposed space of a primary dwelling unit or within the existing space of a primary dwelling unit.
2. Size. Size shall be measured based on the interior living space of the junior accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred- fifty (150) square feet minimum), and at a maximum does not exceed five-hundred (500) square feet.
3. Setbacks. No adjustment to the existing setback is required for an existing space that is converted to a junior accessory dwelling unit; however, the junior accessory dwelling unit must comply with applicable fire and building codes.
4. Parcel Coverage. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for an existing space that is converted to a junior accessory dwelling unit; however, the junior accessory dwelling unit must comply with applicable fire and building codes.
5. Height. No adjustment to the existing height is required for an existing space that is converted to a junior accessory dwelling unit. The height of the existing primary dwelling unit being converted to a junior accessory dwelling unit shall not be increased.
6. Access. Has exterior access that is independent of that for the proposed or existing primary dwelling unit. The entrance to the junior accessory dwelling unit shall be located on a different side of the building from the entrance to the primary dwelling unit, except as may be required to comply with applicable fire and building codes. If the junior accessory dwelling unit does not include separate sanitation facilities, the junior accessory dwelling unit shall also include interior entry to the main living area of the primary dwelling unit.
B. Additional Requirements.
1. Efficiency Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen.
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2. Design Standards. No design standards shall be applied.
3. Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the single-unit property.
The form of the deed restriction shall be approved by the city attorney and shall provide that:
a. The junior accessory dwelling units shall not be sold separately from the primary dwelling unit.
b. The junior accessory dwelling units are restricted to the approved size and other attributes allowed by this chapter.
c. The deed restriction shall run with the land and shall be enforced against future property owners.
4. Owner Occupancy Requirements. All junior accessory dwelling units that have shared sanitation facilities shall be subject to an owner occupancy requirement. A person with legal or equitable title to the primary dwelling unit shall reside on the property in either the primary dwelling unit or junior accessory dwelling unit as that person’s legal domicile and permanent residence.
a. Exceptions. Owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities from the primary dwelling unit, or if the owner is a governmental agency, land trust, or nonprofit housing organization.
17.105.170 Two-unit and multi-unit dwellings: Accessory dwelling unit standards.
Accessory dwelling units, in accordance with Government Code Section 66323, are permitted on a lot with existing or proposed two-unit and multi-unit dwellings as follows:
A. Generally. An accessory dwelling unit conversion shall be allowed on a parcel with an existing multi-unit dwelling, if the accessory dwelling unit conversion meets all the following requirements:
1. Location. Is converted from portions of a multi-unit dwelling that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum state building standards for dwellings.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum).
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3. Setbacks. No adjustment to the existing setback is required for the space that is converted to an accessory dwelling unit; however, the accessory dwelling unit conversion must comply with applicable fire and building codes.
4. Parcel Coverage. No adjustment to the existing parcel coverage and pervious surface standard, if applicable, is required for an existing space that is converted to an accessory dwelling unit; however, the converted accessory dwelling unit must comply with applicable fire and building codes.
5. Height. No adjustment to the existing height is required for the space that is converted to an accessory dwelling unit. The height of the existing multi-unit dwelling being converted to an accessory dwelling unit shall not be increased.
6. Design Standards. No design standards shall be applied.
B. Generally. A detached accessory dwelling unit shall be allowed on a parcel with an existing or proposed two-unit or multi-unit dwelling, if the detached accessory dwelling unit meets all the following requirements:
1. Location. Is detached from the two-unit or multi-unit dwelling. The detached accessory dwelling unit may be attached to an accessory building or other detached accessory dwelling unit.
2. Size. Size shall be measured based on the interior living space of the accessory dwelling unit. At a minimum meets the requirements of an efficiency unit (one-hundred-fifty (150) square feet minimum), and at a maximum shall not exceed eight-hundred (800) square feet.
3. Setbacks. Has side and rear setbacks of at least four (4) feet, and complies with applicable building and fire codes.
4. Parcel Coverage. Accessory dwelling units that are eight-hundred (800) square feet or smaller shall not be required to adhere to the parcel coverage standard and pervious surface standard, if applicable.
5. Height. Has a peak height above finished grade as allowed under the conditions specified in Government Code Section 66321.
6. Design Standards. No design standards shall be applied.
17.105.180 Parking requirements
Off-street parking space shall be provided in accordance with the following:
A. Requirement. One (1) additional off-street parking space shall be required per accessory dwelling unit or per bedroom, whichever is less.
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1. Parking may be provided in front and/or side setback areas on a driveway, or as tandem parking on a driveway. Parking spaces may also be provided through a mechanical vehicle parking lift if located in an enclosed parking garage.
B. Exceptions. Additional parking for an accessory dwelling unit is not required in the following instances:
1. The accessory dwelling unit is located within one-half (0.5) mile walking distance of public transit, as defined in Section 17.105.020, including transit stations and bus stations.
2. The accessory dwelling unit is located within the historic district.
3. The accessory dwelling unit is a part of the proposed or existing primary dwelling unit (e.g., attached accessory dwelling unit or junior accessory dwelling unit), or an existing accessory building (e.g., detached accessory dwelling unit addition to an accessory building).
4. When on-street parking permits are required by the city but not offered to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
6. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-unit dwelling or multi-unit dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.
C. Replacement Parking Not Required. When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of an accessory dwelling unit, replacement parking is not required.
Acceptable Location of Parking for Accessory Dwelling Units
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17.105.190 All zones—Design standards.
A. Applicability. An accessory dwelling unit shall comply with objective standards for accessory dwelling units in this section or any other objective design standards for accessory dwelling units, as adopted by resolution of the city council. The following objective design standards shall apply to all accessory dwelling units that are not 66323 Units specified in Government Code section 66323.
B. Exterior Walls.
1. Attached accessory dwelling units shall utilize the same exterior wall materials, including accent materials, as the existing or proposed primary dwelling unit.
2. Detached accessory dwelling units shall utilize at least two (2) different exterior wall materials.
C. Windows. The accessory dwelling unit shall incorporate at least one of the following features: windows, projections, bays, or recessed elements. Additionally, windows are subject to the following requirements:
1. Any second story window that is within ten (10) feet or less of the side and/or rear property line shall have translucent glazing, or be one of the following window types:
Transom windows, clerestory windows, or false windows.
D. Roof Pitch. The accessory dwelling unit shall have the same roof pitch as the primary dwelling unit but may vary by up to 2/12 more or 2/12 less than the roof pitch of the primary dwelling unit. However, if the unit is located in the historic district, it must follow the roof
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pitch requirements for design style allowed in that zone or subarea specified in FMC
17.105.200.
E. Accessory dwelling units above the main story. If the accessory dwelling unit is two-stories, or is constructed on the second story or higher of an existing or proposed building, the following requirements shall apply:
1. Form and Massing. The building massing of the accessory dwelling unit shall be designed according to the following requirements:
a. Attached accessory dwelling units shall utilize at least one (1) of the following:
i. Recessed or projecting windows, doors, or parts of the wall. Recessed windows and doors shall project a minimum of six (6) inches or shall be recessed a minimum of six (6) inches. Any projection must be behind the parcel side or rear yard setback line.
ii. Cantilevered areas so long as area does not extend beyond the side or rear yard setback.
iii. At least two different roof forms, such as a mix of different roof types (e.g., hipped, gabled, shed, etc.).
b. Detached accessory dwelling units shall utilize at least one (1) of the following:
i. Different building materials for each of the stories.
ii. Recessed or projecting windows, doors, or parts of the wall. Recessed windows and doors shall project a minimum of six (6) inches or shall be recessed a minimum of six (6) inches. Any projection must be behind the parcel side or rear yard setback line.
iii. Cantilevered areas so long as area does not extend beyond the side or rear yard setback.
iv. At least two different roof forms, such as a mix of different roof types (e.g., hipped, gabled, shed, etc.).
2. Staircases. Staircases necessary to access a second story accessory dwelling unit shall comply with the following requirements:
a. Location. The staircase shall be located internal to the building, or along the edge of the building.
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b. Setback. Has side and rear setbacks that are sufficient for fire and safety.
c. Design. The staircase shall be enclosed. If located along the edge of a building, the staircase exterior walls shall use the same colors and materials as used for the exterior of the building.
3. Balconies. One (1) second-story balcony is allowed, not to exceed twenty (20) square feet. Balconies shall not be located in the setback areas of the primary dwelling unit.
F. Design Style Deviations. Applicants for accessory dwelling units may seek a waiver from a required design standard listed in this section by requesting a design review in accordance with FMC 17.105.110.
17.105.200 Historic District zones—Design standards.
A. Applicability. In addition to the provisions of Section 17.105.190, if located in a historic district, an accessory dwelling unit shall comply with objective standards for accessory dwelling units in this section or any other objective design standards for accessory dwelling units, as adopted by resolution of the city council. The following objective design standards shall apply to all accessory dwelling units that are not 66323 Units specified in Government Code section 66323.
B. Architectural Style. The architectural styles in the historic district reflect the types of design during the period from the 1850s to 1950s. The applicant for an accessory dwelling unit shall select an allowed architectural style for the historic district zone or subarea in which it is located and shall meet all required design elements. Acceptable styles by zone and subarea are as follows:
1. Figueroa Subarea: Queen Anne, Delta, Italianate, Spanish Eclectic, Craftsman, and Carriage House Styles.
2. Central Subarea: Queen Anne, Delta, Italianate, Spanish Eclectic, Craftsman, and Carriage House Styles.
3. Persifer-Dean Subarea: 1950s Ranch, Spanish Eclectic, Delta, and Craftsman Styles.
4. The Preserve Subarea: Craftsman, Delta, Spanish Eclectic Styles.
5. River Way Subarea: Delta, Spanish Eclectic, Craftsman Stdireyles.
6. All other subareas: Queen Anne, Delta, Italianate, Spanish Eclectic, Craftsman and Carriage House Styles.
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C. Required Design Elements. The specified design elements for each architectural style are set forth as follows:
1. Carriage House Style
a. Limitations. This type may only be used for detached accessory dwelling units which include existing or proposed garage space.
b. Massing/Form. This style may include garage space on the main story not to exceed eight-hundred (800) square-feet. The garage portion shall comply with the zoning requirements of the property.
i. Second Story. If a second story is used, the second story shall be located within the roof attic space. The second story shall not include any cantilever space above the main story.
c. Roofs. Roof shall have a side-gable, side-gambrel, or hip roof and incorporate the following elements:
i. Roof Pitch. Roof pitch shall be between 4/12 and 12/12 for gabled roofs. If a gambrel roof is used, the roof pitch for the lower roof leg (i.e., the lower portion of the roof slope) shall be between 22/12 and 26/12 and the upper roof leg (i.e., upper portion of the roof slope) shall be between 5/12 and 8/12; the upper and lower roof legs shall be equal in length.
ii. Roof Detailing. A window or vent shall be provided on the gable or gambrel ends.
iii. Optional. Shed or gabled roof dormer(s) may be used; wall dormers are not permitted. A singular square-cupola or tower may be used, but shall not exceed the overall height maximum of the structure and shall not exceed four (4) square feet in size.
d. Windows. Windows shall be square or vertically proportioned rectangular windows with a traditional multi-pane grid.
e. Exterior Walls. Exterior walls shall utilize the same siding materials of the primary dwelling unit, including the use of accent materials. If trim is used on the primary dwelling unit, the same type and width of trim shall be used.
f. Garage Door. The garage door shall incorporate the following features:
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i. Garage doors shall be a single-car door in size (i.e., two-car garage doors prohibited);
ii. Black metal hinges and handle door hardware;
iii. Wood board construction, or be of a material shaped to imitate wood board construction;
iv. If windows are used, windows shall include rectangular grids and shall be located on the upper third of the garage door; and
v. If panels are used, panels shall be narrow and rectangular and extend from bottom of door to top of door. If windows are also used, the panels shall extend from bottom of door to bottom of windows.
2. Craftsman Style.
a. Roofs. Roofs shall be front-gabled, side-gabled, or cross-gabled and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 3/12 and 8/12.
ii. Roof Detailing. The roof shall have unenclosed eave overhangs. Exposed roof rafter and/or braces under the gables (i.e., knee braces or corbels, etc.) shall be included.
iii. Optional. Shed or gabled roof dormers may be used.
b. Windows. All windows on the front elevation shall be single- or double-hung sash windows with at least three (3) small panes above one (1) large pane (e.g., three (3) small panes over one (1) large pane, six (6) small panes over one (1) large pane window, etc.).
c. Exterior Walls. Exterior walls shall be horizontal lap or shingle siding that is two-and- one-half (2.5) to six (6) inches wide, or board and batten siding, or shingle siding, or stone and mortar, or brick and mortar, or a mix of the siding options mentioned. Fiber cement board and shingles may be used in place of wood siding or shingles.
d. Optional Porch. If an entry porch is provided, the porch shall be located under the roofline and supported by tapered or square columns with square bases that extend to the ground.
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3. Queen Anne Style.
a. Roofs. Roofs shall be hipped and/or gabled and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 8/12 and 18/12.
ii. Roof Detailing. Front-gables, if used, shall include scalloped shingles with a window or vent.
iii. Optional. Multiple gables and dormers may be used.
b. Windows. All windows on the front elevation shall be single- or double-hung sash windows with small panes above one (1) large. All windows on the building shall be vertically proportioned, with a minimum height of two (2) feet for every one (1) foot of width, and a maximum height of three-and-one-half (3.5) feet for every one (1) foot of width.
c. Exterior Walls. Exterior walls shall be horizontal lap siding that is between two-and- one-half (2.5) to six (6) inches wide and/or shingle siding. Fiber cement siding may be used in place of wood siding.
d. Optional Porch. If an entry porch is provided, the porch shall include turned spindle columns and railing. Porches may also include the use of spindlework detailing.
e. Optional Features. Chamfered bay windows may be used. This feature is defined as an architectural projection that is either attached to the ground or projects from the building façade, contains windows that cover at least sixty percent (60%) of the projecting faces with glass area, and has side faces that are angled (chamfered) back toward the building rather than forming a right-angled corner.
4. Delta Style.
a. Roofs. The roof shall be a single-front gabled roof and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 6/12 to 12/12.
ii. Roof Detailing. A rectangular vent shall be utilized at ends of the front-facing gable. The roof shall have soffited eaves.
b. Windows. All windows on the building shall be vertically proportioned, with a minimum height of two (2) feet for every one (1) foot of width. The window shall
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include flat trim measuring no more than three-and-one-half (3.5) inches side surrounding all sides of the window.
c. Exterior Walls. Exterior walls shall be horizontal clapboard siding that is between two-and-one-half (2.5) to six (6) inches wide, or board and batten siding. Fiber cement siding may be used in place of wood siding.
d. Optional Porch. If an entry porch is provided, the porch shall have a roof pitch that is no greater than 4/12, supported by square posts not to exceed 10 inches wide that extend to the ground, and include railing. Porches may also include the use of spindlework detailing.
5. Italianate Style.
a. Roofs. The roof shall be a hipped roof and incorporate the following elements.
i. Roof Pitch. The roof pitch shall be between 3/12 and 6/12.
ii. Roof Detailing. The roof shall have eave overhangs that are at least twelve (12) inches, supported by large, decorative roof brackets under an ornamental cornice.
iii. Optional. A singular square-cupola or tower may be used, but shall not exceed the overall height maximum of the structure and shall not exceed six (6) square feet in size.
b. Windows. All windows on the building shall be vertically proportioned, with a minimum height of two (2) feet for every one (1) foot of width, and a maximum height of three-and-one-half (3.5) feet for every one (1) foot of width.
c. Exterior Walls. Exterior walls shall be horizontal lap siding that is between four (4) to six (6) inches side, brick and mortar, or board-and-batten siding. Fiber cement siding may be used in place of wood siding.
d. Optional Porch. If an entry porch is provided, the porch shall be a wrap-around porch (or smaller entry porch) with double columns.
e. Optional Features. Angled bay cut-away forms and windows may be used on the front elevation. Paneled wood doors may also be used.
6. Spanish Eclectic Style (also known as Spanish Revival).
a. Roofs. The roof shall be cross-gabled, hipped, or a combined hipped-and-gabled roof and incorporate the following elements:
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i. Roof Pitch. The roof pitch shall be between 2/12 and 5/12.
ii. Roof Detailing. The roof shall be red tile, include red tile vents on open gables, and shall not have a roof eave overhang that exceeds four (4) inches.
b. Windows. All windows shall be recessed casement windows. On the front elevation, one (1) window with a rounded arch shall be provided that is larger than any other window on the building.
c. Exterior Walls. Exterior walls shall be stucco.
d. Doors. Exterior doors shall be recessed, and be either wood plank or wood paneled doors. A rounded arch shall be provided over the main door.
e. Optional Porch. If a porch is provided, the porch shall be uncovered.
7. 1950s Ranch Style.
a. Roofs. The roof shall be cross-gabled, side-gabled, hipped, or cross-hipped and incorporate the following elements:
i. Roof Pitch. The roof pitch shall be between 3/12 and 5/12.
ii. Roof Detailing. The roof shall have soffited eaves.
b. Exterior Walls. Exterior walls shall be smooth stucco, horizontal lap siding, shingles, board-and-batten, stone, brick and mortar, or a combination of these materials. Fiber cement siding may be used in place of wood siding.
c. Optional Window Detailing. Windows may include open shutters.
d. Optional Porch. If an entry porch is provided, the porch shall not be greater than one- hundred (100) square-feet in size.
D. Design Style Deviations. Applicants for accessory dwelling units may seek a waiver from a required design standard listed in this section by requesting a design review in accordance with FMC 17.105.110.
SECTION 3 SCOPE
Except as set forth in this ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect.
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SECTION 4 SEVERABILITY
If any section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.
SECTION 5 EFFECTIVE DATE
This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.
This ordinance was introduced and the title thereof read at the regular meeting of the City Council on March 24, 2026 and the second reading occurred at the regular meeting of the City Council on April 14, 2026.
On a motion by Councilmember seconded by Councilmember , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this 14th day of April, 2026, by the following roll-call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
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Justin Raithel, MAYOR
ATTEST:
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Christa Freemantle, CITY CLERK