Agenda packet — Lincoln City Council, September 9, 2025 (part 2 of 2)

ORDINANCE XXXXB

AN ORDINANCE REPEALING AND REENACTING LINCOLN MUNICIPAL CODE CHAPTER 18.37 – ACCESSORY DWELLING UNITS AND RELATED ARTICLES OF TITLE 18 – ZONING AS

RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD); AND FINDING THE ORDINANCE IS STATUTORILY EXEMPT FROM CEQA

WHEREAS, the City of Lincoln (City) is mandated by the State of California to maintain an adequate and proper General Plan; and

WHEREAS, the City of Lincoln’s City Council adopted the General Plan 2050 on March 25, 2008; and

WHEREAS, many policies, programs, and implementation measures of the General Plan are implemented through the Lincoln Municipal Code such as Title 18 – Zoning Ordinance; and

WHEREAS, Title 18, Chapter 18.92 of the Zoning Ordinanc e provides for the review and recommendation by the City’s Planning Commission on all proposed amendments to the Zoning Ordinance text; and

WHEREAS, state law makes clear that nonconforming ordinances are void and that the state standards specified in G overnment Code Section 66310 - 66342 shall be enforced until such time a jurisdiction adopts its own ordinance in accordance with state law. In order to preserve local preferences, such as maximum floor area, architectural style, and other development stan dards, Chapter 18.37 and related Articles of Title 18 of the City of Lincoln Municipal Code require amendments to comply with state law; and

WHEREAS, the Planning Commission of the City of Lincoln finds that pursuant to Section 21080.17 of the California Public Resource Code, the resolution and subsequent adoption of the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) consistent with Section 15282 (h) (Other Statutory Exemptions) of the CEQA Guidelines. CEQA does not apply to the adoption of an ordinance by a city to implement the provisions of CA Government Code Sections 66310 - 66342 (State ADU Laws); and

WHEREAS, the Planning Commission of the City of Lincoln held a public hearing on August 20, 2025 to discuss the pr oposed amendments. The Planning Commission discussion was minimal and they all agreed that this was a routine administrative action to bring the City of Lincoln into conformance with State ADU Laws . After careful deliberation, the Planning Commission voted 7-0-0-0 to approve the Resolution 202 5-XX recommending the City Council adopt the proposed amendments; and

WHEREAS, the City duly noticed and held a public hearing for the City Council of the City of Lincoln to consider the proposed ADU Ordinance Amendme nts and consider the proposed CEQA Exemption on September 9, 2025.
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Ordinance No.

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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:

Section 1. Incorporation of Recitals. The City Council hereby incorporates by reference the recitals set forth above.

Section 2. CEQA Analysis. This Ordinance is statutorily exempt from California Environmental Quality Act (“CEQA”), pursuant to Section 21080.17 of the Public Resource Code.

The proposed adoption of the ordinance is exempt from CEQA consistent with Section 15282(h) (Other Statutory Exemptions) of the CEQA Guidelines, because there is no possibility it will have a significant effect on the environment. As such, the adoption of the ordinance will implement CA Gov. Code Section 66310 - 66342(ADU) State Law within the incorporated area of the City of Lincoln.

Section 3. Severability. Except pursuant to any finding of nonconformity of this Ordinance pursuant to Government Code Section 66316, i f any section, sub- section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. City Council hereby de clares that it would have adopted the Ordinance and each section, sub- section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

Section 4. Publication. Within fifteen days of passage of this Ordinance, the City Clerk shall cause the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger. In lieu of publishing the full text of the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger, and shall post in the office of the City Clerk a certified copy of the City Councilmembers voting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the full text of the Ordinance is authorized only where the requirements of Government Code § 36933(c)(1) are met.

Section 5. Repeal. Lincoln Municipal Code Chapter 18.37 – Accessory Dwelling Units (ADU) is hereby repealed in its entirety.

Section 6. Reenactment. Lincoln Municipal Code Chapter 18.37 – Accessory Dwelling Units (ADU) is hereby reenacted to read as follows:

Section 6.1.

The Title 18 – Zoning Ordinance, Chapter 18.37 amendments are set forth in Exhibit A, attached hereto and incorporated by this reference.

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INTRODUCED at a regular meeting of the City Council of the City of Lincoln held on September 9, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____
Holly Andreatta, Mayor
ATTEST:

Hope Ithurburn, City Clerk

176
Title 18 - ZONING
DIVISION IV. - USES, YARDS, HEIGHTS, PARKING, LOADING, RIDESHARING AND TRANSPORTATION PLANS CHAPTER 18.37 ACCESSORY DWELLING UNITS (ADU)
P
age 1 of 8
CHAPTER 18.37 ACCESSORY DWELLING UNITS (ADU)

18.37.008 Purpose.

This section is intended to implement the provisions of California Government Code Section 66313, in case of ambiguity, shall be interpreted to be consistent with such provisions. ADUs are allowed in areas where residential uses are allowed to contribute to the following City of Lincoln Housing Element goals. • Goal 1: Accommodate new housing to meet the needs of present and future Lincoln re sidents at all income levels.
• Goal 3: Address special housing needs in Lincoln.
• Goal 4: Promote equal housing opportunities.

18.37.009 Definitions.
(1) "Accessory Dwelling Unit" (ADU) is a dwelling unit that is accessory to the primary residence and has complete independent living facilities for one or more persons. ADUs can be:
• Detached: separate from the primary structure
• A
ttached: attached to the primary structure
• Converted existing space: conversion of an attached garage, bedroom, storage area, accessory structure, etc.
(2
) "Junior Accessory Dwelling Unit" (JADU) is a unit that is no more than 500 square feet in siz e and contained e
ntirely within a single-family dwelling.
(3) "Multifamily dwelling" means a structure containing two or more attached primary dwelling units on a single lot, not including ADUs or JADUs. Multiple detached single-family dwellings on the same lot are not a m
ultifamily dwelling.
(4) "Single-family dwelling" means a structure containing no more than one primary dwelling unit, not includin g A
DUs or JADUs.

18.37.010 Permitted use.

An ADU and a JADU are permitted on any lot located within any zone where residential uses are permitted by-right or by conditional use provided a permit is obtained in accordance with the provisions of this chapter.

18.37.020 Administrative review.
(1) Applications for ADUs and JADUs pursuant to this section shall be approved or denied ministerially as part of a building permit, without discretionary review or a hearing within 60 days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. (2) If the application to create an ADU or a JADU is submitted with a permit application to create a new single - family dwelling on the lot, the city may delay acting on the application for the ADU or the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

Exhibit A
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18.37.030 General requirements.
(1) Siting.
a. An ADU shall be sited as follows:
i. Within a proposed or existing single-family dwelling or an accessory structure to a single-family dwelling.
ii. Within an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure.
iii. Detached from, but located on the same lot as, a proposed or existing single -family dwelling, or an existing multifamily dwelling.
iv. Attached to a proposed or existing single-family dwelling. A breezeway does not constitute an extension of the primary dwelling because a breezeway does not create a shared common wall between the two individual buildings.
b. An ADU located within a multi-family dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall compl y with state building standards for dwellings.
c. A JADU shall be located entirely within a proposed or existing single -family dwelling structure including within an attached garage.
(2) Density. ADUs or JADUs shall not be counted toward the allowable density provided by the general plan or zoning.
(3) Number of Units. The maximum number of ADUs or JADUs permitted on each lot is provided by Table

18.37.030-1: Maximum Number of ADUs/JADUs Per Lot.

Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot Lot Type Number of ADUs Number of JADUs
Existing or proposed single-family
residence
One converted ADU and one detached,
new construction ADU provided all
conditions of Government Code Section
66323(a)(1) are met
One JADU provided
all conditions of
Government Code
Section 66323(a)(1)
are met
Existing multi-family dwelling • Not more than eight detached ADUs provided the number does not exceed the
number of existing units per Government
Code Section 66323(a)(4)(A)(ii).1
None
Proposed multi-family dwelling Not more than two detached ADUs per Government Code Section
66323(a)(4)(A)(iii).

None
Existing single-family and multi-family
residence on same lot
Owner may elect to develop the lot under the allowances provided for either single-family residences or multi-family residences, but not both.2
NOTES

(1) Fractional units shall be rounded down, and at least one ADU shall be allowed in each multifamily dwelling structure.

(2) The owner's election shall be noted on any development permit issued by the City. 178

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(4) Non-Conforming Properties. Prior to construction of an ADU, the city may or may not require correction of a nonconforming zoning condition. No building code violation may exist on the lot on which the ADU is to be located.
(5) Owner occupancy for JADUs. The property owner must reside in any single-family residence that includes a JADU. The owner may reside in either the JADU or the remaining portion of the single -family residence.

However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.
(6) Sale and Rental of Units.
a. Except as provided in Government Code Sections 66340, 66341, ADUs and JADUs may not be sold or otherwise conveyed separately from the primary residence. b. An ADU or JADU may not be rented for less than 31 consecutive days. (7) Deed Restriction. Approval for a JADU or ADU (if applicable) will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the city on the property where the unit is, or will be, located. The covenant shall be approved by the city attorney and the community development director. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:
a. For JADUs:
i. A prohibition on the sale of the unit separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers. ii. A restriction on the size and attributes of the unit that conforms to Government Code Section 66313, including the owner-occupancy requirement pursuant to subsection 18.37.030(5). (8) Living Facilities.
a. ADUs shall include complete independent living facility for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom. b. JADUs shall include living facilities. This includes permanent provisions for living, sleeping, eating, and cooking (i.e. efficiency kitchen), as defined in Government Code Section 66313. JADUs may include a separate bathroom or may share it with the primary residence. (9) Separate Entrances. JADUs and ADUs located within or attached to a primary residence shall include a separate entrance from that of the primary residence. No passageway shall be required in conjunction with the construction of an ADU as defined by Government Code Section 66313. 179

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18.37.040 Public facilities.

New ADUs or JADUs are prohibited if the city engineer determines the area has insufficient water or sewer service.
a. New ADU or JADU built concurrently with primary dwelling:
i. The City will require connection fees or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

This fee or charge shall not exceed the reasonable cost of providing this service. b. Existing primary dwelling:
i. Attached ADU/JADU—The city will not require separate utility connection or connection fees. ii. Detached ADUs—The city may require a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
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18.37.050 Development standards.
(1) ADUs and JADUs shall comply with the development standards in Table 18.37.050-1: Development Standards for ADUs and JADUs.

Table 18.37.050-1: Development Standards for ADUs and JADUs Standard ADU JADU
Maximum Size (floor area)[1] Excepting units created under Government Code Section 66323:
• All ADUs may be up to 1,000 square
feet in size.
• An ADU may be up to 1,200 square feet
in size if the ADU is less than 50% of the
size of the primary dwelling.
500 square feet
Setback—Front[2] Same as required for primary residence unless meeting the criteria of
Government Code Sections 66321 and
66323.
-
Setback—Side/Rear[2] 4 ft.[3] -
Maximum Height[4] • New detached structure: up to 16 ft. from ground level
• 18 feet in height when located within
½ mile walking distance to a major public
transit stop or the property already has a
multifamily dwelling two stories high.
• Addition to an existing structure: An
ADU may be built on top of a one-story
detached garage or other one-story
detached accessory structure in any zone
where ADUs are allowed, but may not
exceed the maximum building height for
a primary residence allowed in the zone
-
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or 25 feet, whichever is lower. Not to
exceed two stories.

Minimum Lot Size None None
NOTES

[1] Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an ADU or JADU that is within or attached to the primary dwelling.

[2] No setback is required for the conversion of an existing accessory structure to an ADU or JADU; or for a replacement structure in the same location and/or footprint.

[3] For the conversion and/or expansion of an existing accessory structure to an ADU, the side and rear setback requirement for the expansion may be less than 4 ft. if the proposed setback protects health and fire safety; provided, that the expansion is no more than 150 square feet beyond the physical dimensions of the existing accessory structure and solely for the entrance and exit from the ADU. If the expansion is greater than 150 square feet or for a purpose other than facilitating entrance to and exit from the ADU, then the 4-ft. side and rear set back will apply.

[4] This maximum height requirement only applies to new construction. This requirement does not apply if an ADU or JADU is within an existing structure.

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(2) Except as provided in Table 18.37.050-1, ADUs and JADUs shall comply with all building and development standards applicable to the primary residence on the same lot, including maximum lot coverage requirements, subject to 18.37.050(3) below.
(3) If other development standards (such as lot coverage or open space) would prevent the approval of an ADU that is at least 800 square feet and 16 feet high, then the applicant is permitted an ADU that is up to 800 square feet and 16 feet high.
(4) ADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.

The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(5) Approval of an ADU or JADU shall not be contingent on the correction of nonconforming conditions on the subject property.
(6) ADUs and JADUs must comply with the Building Code, Fire Code, Health and Safety Codes, and noise insulation standards applicable at the time the building permit for the ADU or JADU is issued. (7) Utility connections shall be established in accordance with Title 13—Public Services of the Lincoln Municipal Code. The City shall not require a separate utility connection between an ADU or JADU and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the ADU or JADU was constructed with a new single-family home. (8) If a manufactured home is used as an ADU, it shall comply with the standards of this section. (Ord. No. 1080B, § 5(5.1H), 7-23-2024)

18.37.060 Parking requirement.
(1) No additional off-street parking spaces are required for an ADU or JADU.

18.37.070 Architectural style.

(2) Roof Pitch. The pitch of the roof with the highest ridgeline must meet one of t he following:
a. The pitch of the roof with the highest ridgeline must be the same as the pitch of the roof with the highest ridgeline of the primary structure; or
b. The pitch of the roof with the highest ridgeline must be at least 6/12. (3) Trim. The trim must meet one of the following:
a. The trim around all windows and doors must be at least 3½ inches wide .

(4) Windows. The windows on all street facing facades must meet the following:
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a. Each window must be square or vertical—At least as tall as it is wide.

(5) Eaves. The eaves must meet one of the following:
a. The eaves must project from the building walls at least one foot on all elevations; or

b. If the primary structure has no eaves, no eaves are required.

18.37.080 Fees, exactions requirements.
(1) For the purpose of the assessment of all fees and exactions consistent with this code, construction of an ADU shall be considered separate from that of the existing single-family dwelling on the lot, and the payment of fees and exactions for such ADU shall be in addition to those which may have been paid for the existing single-family dwelling except if the ADU meets the following criteria:
a. Traffic impact mitigation fees and public facility fees shall not be imposed upon the development of an ADU less than 750 square feet.
b. Traffic impact mitigation fees and public facility fees charged for an ADU of 750 square feet or more, the square footage in excess of the 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.
c. The city council may, by policy, provide for fee modifications, waivers or deferments.

18.37.090 Inspection authority.

A permit for ADUs and JADUs issued pursuant to this chapter shall be conditioned upon, and the applicant must agree to allow inspections of the site and proof of compliance with this chapter, and the requirements imposed in the granting of the permit, and other city codes, resolutions and ordinances.

18.37.100 Existing ADU or JADU.

This chapter shall in no way validate any existing illegal ADU or JADU. Correction of nonconforming zoning and/or building conditions may not be required to otherwise bring said ADU or JADU into compliance per Government Code Section 66332.

184

PLANNING COMMISSION
RESOLUTION NO. 2025 - 14

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LINCOLN

RECOMMENDING TO THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND LINCOLN MUNICIPAL CODE CHAPTER 18.37 – ACCESSORY DWELLING UNITS AND RELATED ARTICLES OF TITLE 18 – ZONING AS RECOMMENDED BY THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)

WHEREAS, the City of Lincoln (City) is mandated by the State of California to maintain an adequate and proper General Plan; and

WHEREAS, the City of Lincoln’s City Council adopted the General Plan 2050 on March 25, 2008; and

WHEREAS, many policies, programs, and implementation measures of the General Plan are implemented through the Lincoln Municipal Code (LMC) such as Title 18 – Zoning Ordinance; and

WHEREAS, LMC Title 18, Chapter 18.92 of the Zoning Ordinance provides for the review and recommendation by the City’s Planning Commission on all proposed amendments to the Zoning Ordinance text; and

WHEREAS, state law makes clear that nonconforming ordinances are void and that the state standards specified in Government Code Section 66310 - 66342 shall be enforced until such time a jurisdiction adopts its own ordinance in accordance with state law. In order to preserve local preferences, such as maximum floor area, architectural style, and other development standards, Chapter 18.37 and related Articles of Title 18 of the City of LMC require amendments to comply with state law; and

WHEREAS, the Planning Commission of the City of Lincoln finds that pursuant to Section 21080.17 of the California Public Resource Code, the resolution and subsequent adoption of the ordinance is statutorily exempt from the Californi a Environmental Quality Act (CEQA) consistent with Section 15282 (h) (Other Statutory Exemptions) of the CEQA Guidelines. CEQA does not apply to the adoption of an ordinance by a city to implement the provisions of CA Government Code Sections 65852.2 and 65852.22 (State Accessory Dwelling Unit (ADU) Laws); and

WHEREAS, the City duly noticed and held a public hearing for the Planning Commission of the City of Lincoln to consider the proposed ADU Ordinance Amendments and consider the proposed CEQA Exemption on August 20, 2025; and

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lincoln, hereby recommends to the City Council adopt an ordinance to amend LMC Chapter 18.37 – Accessory Dwelling Units (ADU) and related Articles of Title 18 – Zoning to comply with state laws within the City of Lincoln. The following recommended code amendments will bring the LMC into 185
PC Resolution 2025-14
compliance with State ADU Laws. The code amendments are represented in strikeout (removed) / underline (added).

Section 1.

The Title 18 – Zoning Ordinance, Chapter 18.37 amendments as set forth in Exhibit A , attached hereto and incorporated by this reference.

PASSED AND ADOPTED this 20th day of August 2025, by the following roll call vote:

AYES: COMMISSIONERS: J.Johnson, Herzog, Hutchi nson, Jackson, Manning, E.Johnson, Gilbert NOES: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ABSENT: COMMISSIONERS:

Peter Gilbert, PC Chairman
ATTEST:

Eugenie Guadron, PC Secretary
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Title 18 - ZONING
DIVISION IV. - USES, YARDS, HEIGHTS, PARKING, LOADING, RIDESHARING AND TRANSPORTATION PLANS CHAPTER 18.37 ACCESSORY DWELLING UNITS (ADU)

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CHAPTER 18.37 ACCESSORY DWELLING UNITS (ADU)

18.37.008 Purpose.

This section is intended to implement the provisions of California Government Code Section s 65852.2 (ADUs) and 65852.22 (JADUs) 66313, in case of ambiguity, shall be interpreted to be consistent with such provisions. ADUs are allowed in areas where residential uses are allowed to contribute to the following City of Lincoln Housing Element goals.
• Goal 1: Accommodate new housing to meet the needs of present and future Lincoln residents at all income levels.
• Goal 3: Address special housing needs in Lincoln.
• Goal 4: Promote equal housing opportunities.

18.37.009 Definitions.
(1) "Accessory Dwelling Unit" (ADU) is a dwelling unit that is accessory to the primary residence and has complete independent living facilities for one or more persons. ADUs can be:
• Detached: separate from the primary structure
• Attached: attached to the primary structure
• Converted existing space: conversion of an attached garage, bedroom, storage area, accessory structure, etc.
(2) "Junior Accessory Dwelling Unit" (JADU) is a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling.
(3) "Multifamily dwelling" means a structure containing two or more attached primary dwelling units on a single lot, not including ADUs or JADUs. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.
(4) "Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including ADUs or JADUs.

18.37.010 Permitted use.

18.37.020 Administrative review.
(1) Applications for ADUs and JADUs pursuant to this section shall be processed approved or denied ministerially as part of a building permit, without discretionary review or a hearing within 60 days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. (2) If the application to create an ADU or a JADU is submitted with a permit application to create a new single - family dwelling on the lot, the city may delay acting on the application for the ADU or the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU Exhibit A
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or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

18.37.030 General requirements.
(1) Siting.
a. An ADU shall be sited as follows:
i. Within a proposed or existing single-family dwelling or an accessory structure to a single-family dwelling.
ii. Within an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure.
iii. Detached from, but located on the same lot as, a proposed or existing single -family dwelling, or an existing multifamily dwelling.
iv. Attached to a proposed or existing single-family dwelling. A breezeway does not constitute an extension of the primary dwelling because a breezeway does not create a shared common wall between the two individual buildings.
b. An ADU located within a multi-family dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state buildi ng standards for dwellings.
c. A JADU shall be located entirely within a proposed or existing single-family dwelling structure including within an attached garage.
(2) Density. ADUs or JADUs shall not be counted toward the allowable density provided by t he general plan or zoning.
(3) Number of Units. The maximum number of ADUs or JADUs permitted on each lot is provided by Table

18.37.030-1: Maximum Number of ADUs/JADUs Per Lot.

Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot Lot Type Number of ADUs Number of JADUs
Existing or proposed single-family
residence
One converted ADU and one detached,
new construction ADUJADU provided all
conditions of Government Code Section
66323(a)(1) are met; otherwise, one ADU
One ADU and one
JADU provided all
conditions of
Government Code
Section 66323(a)(1)
are met; otherwise,
one JADU
Existing multi-family dwelling • Not more than eight detached ADUs provided the number does not exceed the
number of existing units per Government
Code Section 66323(a)(4)(A)(ii); otherwise,
Two Ddetached ADUs: Two
• Attached ADUs: Maximum of 25% of the
number of units in the multi-family
dwelling.1
None
Proposed multi-family dwelling Not more than two detached ADUs per Government Code Section
66323(a)(4)(A)(iii).

None
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Existing single-family and multi-family
residence on same lot
Owner may elect to develop the lot under the allowances provided for either single-family residences or multi-family residences, but not both.2
NOTES

(1) Fractional units shall be rounded down, and at least one ADU shall be allowed in each multifamily dwelling structure.

(2) The owner's election shall be noted on any development permit issued by the City and in the deed restriction required by subsection (7), and all future development of ADUs and JADUs be bound by such election.

18.37.030(5).
b. For ADUs:
i. A statement of the election made under subsection 18.37.030(3), if any. If no election has been made, then no deed restriction is required.
(8) Living Facilities.
a. ADUs shall include complete independent living facility for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom. b. JADUs shall include living facilities. This includes permanent provisions for living, sleeping, eating, and cooking (i.e. efficiency kitchen), as defined in Government Code Section 65852.22(a)66313. JADUs may include a separate bathroom or may share it with the primary residence.

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(9) Separate Entrances. JADUs and ADUs located within or attached to a primary residence shall include a separate entrance from that of the primary residence. No passageway shall be required in conjunction with the construction of an ADU as defined by Government Code Section 65852.2(j)66313.

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18.37.040 Public facilities.

New ADUs or JADUs are prohibited if the city engineer determines the area has insufficient water or sewer service.
a. New ADU or JADU built concurrently with primary dwelling:
i. The City will require connection fees or capacity charge that shall be prop ortionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

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18.37.050 Development standards.
(1) ADUs and JADUs shall comply with the development standards in Table 18.37.050-1: Development Standards for ADUs and JADUs.

Page 7 of 9 ends

or 25 feet, whichever is lower. Not to
exceed two stories.

Minimum Lot Size None None
NOTES

[2] No setback is required for the conversion of an existing accessory structure to an ADU or JADU; or for a replacement structure in the same location and/or footprint.

[4] This maximum height requirement only applies to new construction. This requirement does not apply if an ADU or JADU is within an existing structure.

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18.37.060 Parking requirement.
(1) No additional off-street parking spaces are required for an ADU or JADU.

18.37.070 Architectural style.

The following architectural style standards apply to ADUs outlined in Government Code Section 66314 and are not applicable to ADUs created under Government Code Section 66323:
(1) Exterior Finish Materials. The exterior materials must meet one of the following:
a. Siding Mmust be made from stucco, wood, composite boards, vinyl or aluminum products. b. If the ADU proposes, and the siding, then it must be composed in a shingle pattern, or in a horizontal clapboard or shiplap pattern. The boards in the pattern must be six inches or less in width.; or The exterior finish material must be the same in type, size and placement as the exterior finish material of the primary structure; or
b. The exterior finish material may be the same in type, size and placement as the exterior finish material of the primary structure.Siding must be made from wood, composite boards, vinyl or aluminum products, and the siding must be composed in a shingle pattern, or in a horizontal clapboard or shiplap pattern. The boards in the pattern must be six inches or less in width. (2) Roof Pitch. The pitch of the roof with the highest ridgeline must meet one of the following:
a. The pitch of the roof with the highest ridgeline must be the same as the pitch of the roof with the highest ridgeline of the primary structure; or
b. The pitch of the roof with the highest ridgeline must be at least 6/12. (3) Trim. The trim must meet one of the following:

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a. The trim around all windows and doors must be at least 3½ inches wide .; or b. The trim mayust be the same in type, size, and location as the trim used on the primary structure.; or
b. The trim around all windows and doors must be at least 3½ inches wide. (4) Windows. The windows on all street facing facades must meet one of the following:
a. Each window must be square or vertical—At least as tall as it is wide.; or b. The windows mayust match those on the street facing façade of the primary structure in orientation (horizontal or vertical).; or
b. Each window must be square or vertical—At least as tall as it is wide. (5) Eaves. The eaves must meet one of the following:
a. The eaves must project from the building walls at least one foot on all elevations; or b. The eaves mayust project from the building walls the same distance as the eaves on the primary structure.;
b. The eaves must project from the building walls at least one foot on all elevations; or bc. If the primary structure has no eaves, no eaves are required.

18.37.090 Inspection authority.

18.37.100 Existing ADU or JADU.

This chapter shall in no way validate any existing illegal ADU or JADU. Correction of nonconforming zoning and/ or building conditions mayshall not be required to otherwise bring said ADU or JADU into compliance per Government Code Section 66332.

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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, Ste. 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

April 24, 2025

Christian Svensk,
Community Development Director
City of Lincoln,
600 6
th Street, Lincoln CA, 95648.

Dear Christian Svensk:

RE: Review of City of Lincoln’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 - 66342)

Thank you for submitting the City of Lincoln’s (City) ADU Ordinance No. 1080B (Ordinance), adopted July 23, 2024, to the California Department of Housing and Community Development (HCD). The Ordinance was received on August 6, 2024. HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU Laws in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings.

Accordingly, the City must provide a written response to these findings no later than May 24, 2025.

The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law as follows:

1. Senate Bill (SB) 1211 (Chapter 296, § 3, Statutes of 2024) – As of January 1, 2025, the Legislature changed Government Code section 66323. Subdivision (a)(4)(A)(ii) and (iii), now allows for the following:

(ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

2. Assembly Bill (AB) 2533 (Chapter 834, Statutes of 2024) - As of January 1, 2025, there are changes to Government Code section 66332. Subdivisions (a) and (b) were changed and subdivisions (d) – (f) were added. Changes include permitting previously unpermitted ADUs, adding the same protections for JADUs, and 196
Christian Svensk, Community Development Director
PAGE 2

setting additional requirements for local agencies. The City should review these new requirements and adjust the Ordinance to comply with State ADU Law.

3. Statutory Numbering - The Ordinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance to refer to the correct Government Code sections.

4. Section 3 – Severability – The Ordinance states: “If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.” However, Government Code section 66316 states “If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.” The Severability clause implies that some parts of the Ordinance will be valid even if other parts are not valid. The City must remove the Severability clause and apply the standards under Government Code sections 66310-66342 when the existing accessory dwelling unit ordinance fails to meet the requirements of this article.

5. Section 18.37.020.1 – Review Process – The Ordinance states, “Applications for ADUs and JADUs pursuant to this section shall be processed ministerially as part of a building permit, without discretionary review or a hearing within 60 days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot.” However, State ADU Law requires that “The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.” 1 The Ordinance uses the word “processed”, but the statute states the City must “approve or deny” the application. The City must amend the Ordinance to replace “processed” with “approved or denied”.

1 Gov. Code, § 66317, subd. (a).
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Christian Svensk, Community Development Director
PAGE 3

6. Section 18.37.030.1 (c) – JADUs in Garage – The Ordinance states: “A JADU shall be located entirely within a proposed or existing single-family dwelling structure.” However, Government Code section 66333, subdivision (d) allows “…a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.” The City should amend the Ordinance to clarify that junior accessory dwelling units (JADUs) may be created within enclosed uses within the residence such as an attached garage.

7. Section 18.37.030.-1 – Unit Combination – The Ordinance lists the maximum number of ADUs and JADUs Per Lot as: “(i). On a lot that contains an existing or proposed single-family dwelling: One (1) ADU and One (1) JADU, (ii). On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and maximum of 25 percent of the number of units in the multifamily dwelling. (iii). For a lot with existing single-family and multi-family residence, the owner may elect to develop the lot under the allowances provided for either single-family residences or multi-family residences, but not both.”

However, pursuant to Government Code section 66323, subdivision (a), “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application…to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure.” Additionally, subparagraph (B) permits “[o]ne detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks.” The use of the term “any” followed by a list of ADU types permitted under Government Code section 66323, indicates that any of these ADU types can be combined on lots with existing or proposed single-family dwellings.

This permits a homeowner, who meets the specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. ADU types can be combined on lots with existing or proposed single-family dwellings.

Therefore, the City must amend the Ordinance to provide for all ADU combinations described in Government Code section 66323.

8. Section 18.37.050.1 – Maximum Floor Area – The Ordinance states, “All ADUs may be up to 1,000 square feet in size. An ADU may be up to 1,200 square feet in size if the ADU is less than 50% of the size of the primary dwelling.” However, Government Code, section 66323, subdivision (a)(4), requires the local agency to approve ADUs that are detached from a multifamily dwelling structure.

Detached ADUs on multifamily lots do not have a floor area restriction under 198
Christian Svensk, Community Development Director
PAGE 4

Government Code, section 66323, subdivision (a)(4). Therefore, the City must amend the Ordinance to exclude units created under Government Code section 66323 from this requirement.

9. Section 18.37.050.1 – Front Setback – The Ordinance states, The Front setback as the same as required for primary residence. However, Government Code sections 66321, subdivision (b)(3) and Government Code section 66323, subdivision (a), require local agencies to approve ADUs regardless of front setback requirements, when certain conditions are met. The Ordinance does not make the required exceptions from front setback requirements. Therefore, the City must amend the Ordinance to exempt ADUs meeting the criteria of sections 66321 and 66323 from front setback requirements.

10. Section 18.37.050.4 – Fire Sprinklers – The Ordinance states, “ADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.” However, Government Code, section 66314, subdivision (d)(12), states, “Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.” The city must amend the Ordinance to reflect both provisions of state law.

11. Section 18.37.070.(1), (3), (4), (5) – Architectural Style – The Ordinance lists several architectural and design standards for ADUs. Standards such as requiring “similar exterior materials”, “same trim location” and “matching windows” are subjective in nature and are inconsistent with Government Code section 66314, subdivision (a)(2), which allows local jurisdictions to apply “objective standards on accessory dwelling units.” Objective standards involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
2 Additionally, design standards not found in
Section 66323 of the Government Code cannot be imposed on ADUs created under this section.
3 Therefore, the City must remove subjective language and only include objective standards for ADUs.

2 Gov. Code § 66313, subd. (i).
3 Gov. Code § 66323, subd. (b).
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Christian Svensk, Community Development Director
PAGE 5

The City has two options in response to this letter.4 The City can either amend the Ordinance to comply with State ADU Law5, or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD’s findings.
6 If the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law.
7 HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.

Please feel free to contact Reshma Sen at [email protected] if you have any questions.

Sincerely,

Jamie Candelaria
Senior Housing Accountability Manager
Housing Policy Development Division

4 Gov. Code, § 66326, subd. (c)(1).
5 Gov. Code, § 66326, subd. (b)(2)(A).
6 Gov. Code, § 66326, subd. (b)(2)(B).
7 Gov. Code, § 66326, subd. (c)(1).
200
State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.

Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)
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Page 1 of 9 ends

CHAPTER 18.37 ACCESSORY DWELLING UNITS (ADU)

18.37.008 Purpose.

This section is intended to implement the provisions of California Government Code Sections 65852.2 (ADUs) and 65852.22 (JADUs) 66313, in case of ambiguity, shall be interpreted to be consistent with such provisions. ADUs are allowed in areas where residential uses are allowed to contribute to the following City of Lincoln Housing Element goals.
• Goal 1: Accommodate new housing to meet the needs of present and future Lincoln residents at all income levels.
• Goal 3: Address special housing needs in Lincoln.
• Goal 4: Promote equal housing opportunities.

18.37.009 Definitions.
(1) "Accessory Dwelling Unit" (ADU) is a dwelling unit that is accessory to the primary residence and has complete independent living facilities for one or more persons. ADUs can be:
• Detached: separate from the primary structure
• Attached: attached to the primary structure
• Converted existing space: conversion of an attached garage, bedroom, storage area, accessory structure, etc.
(2) "Junior Accessory Dwelling Unit" (JADU) is a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling.
(3) "Multifamily dwelling" means a structure containing two or more attached primary dwelling units on a single lot, not including ADUs or JADUs. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.
(4) "Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including ADUs or JADUs.

18.37.010 Permitted use.

Page 2 of 9 ends

or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

18.37.030 General requirements.
(1) Siting.
a. An ADU shall be sited as follows:
i. Within a proposed or existing single-family dwelling or an accessory structure to a single-family dwelling.
ii. Within an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure.
iii. Detached from, but located on the same lot as, a proposed or existing single -family dwelling, or an existing multifamily dwelling.
iv. Attached to a proposed or existing single-family dwelling. A breezeway does not constitute an extension of the primary dwelling because a breezeway does not create a shared common wall between the two individual buildings.
b. An ADU located within a multi-family dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state buildi ng standards for dwellings.
c. A JADU shall be located entirely within a proposed or existing single -family dwelling structure including within an attached garage.
(2) Density. ADUs or JADUs shall not be counted toward the allowable density provided by t he general plan or zoning.
(3) Number of Units. The maximum number of ADUs or JADUs permitted on each lot is provided by Table

18.37.030-1: Maximum Number of ADUs/JADUs Per Lot.

Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot Lot Type Number of ADUs Number of JADUs
Existing or proposed single-family
residence
One converted ADU and one detached,
new construction ADUJADU provided all
conditions of Government Code Section
66323(a)(1) are met; otherwise, one ADU
One ADU and one
JADU provided all
conditions of
Government Code
Section 66323(a)(1)
are met; otherwise,
one JADU
Existing multi-family dwelling • Not more than eight detached ADUs provided the number does not exceed the
number of existing units per Government
Code Section 66323(a)(4)(A)(ii); otherwise,
Two Ddetached ADUs: Two
• Attached ADUs: Maximum of 25% of the
number of units in the multi-family
dwelling.1
None
Proposed multi-family dwelling Not more than two detached ADUs per Government Code Section
66323(a)(4)(A)(iii).

None
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(1) Fractional units shall be rounded down, and at least one ADU shall be allowed in each multifamily dwelling structure.

18.37.030(5).
b. For ADUs:
i. A statement of the election made under subsection 18.37.030(3), if any. If no ele ction has been made, then no deed restriction is required.
(8) Living Facilities.
a. ADUs shall include complete independent living facility for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom. b. JADUs shall include living facilities. This includes permanent provisions for living, sleeping, eating, and cooking (i.e. efficiency kitchen), as defined in Government Code Section 65852.22(a) 66313. JADUs may include a separate bathroom or may share it with the primary residence.

Commented [ES1]: Response to Comment 1: The
“election” is whether the owner wants to develop under the rules that apply to properties with a single-family residence or multi-family residence. This is only required for the small number of properties where both housing types are located on the same lot. This is applicable to the non-conforming properties; however, this is a pretty rare scenario for the City of Lincoln.

Commented [ES2]: Response to Comment 1: Because we
are removing the Deed Restrictions for ADUs, then this is no longer needed.
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18.37.040 Public facilities.

This fee or charge shall not exceed the reasonable cost of providing this service. b. Existing primary dwelling:
i. Attached ADU/JADU—The city will not require separate utility connection or connection fees. ii. Detached ADUs—The city may require a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwell ing unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
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18.37.050 Development standards.
(1) ADUs and JADUs shall comply with the development standards in Table 18.37.050-1: Development Standards for ADUs and JADUs.

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or 25 feet, whichever is lower. Not to
exceed two stories.

Minimum Lot Size None None
NOTES

[2] No setback is required for the conversion of an existing accessory structure to an ADU or JADU; or for a replacement structure in the same location and/or footprint.

[4] This maximum height requirement only applies to new construction. This requirement does not apply if an ADU or JADU is within an existing structure.

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The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(5) Approval of an ADU or JADU shall not be contingent on the correction of nonconforming conditions on the subject property.
(6) ADUs and JADUs must comply with the Building Code, Fire Code, Health and Safety Codes, and noise insulation standards applicable at the time the building perm it for the ADU or JADU is issued. (7) Utility connections shall be established in accordance with Title 13—Public Services of the Lincoln Municipal Code. The City shall not require a separate utility connection between an ADU or JADU and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the ADU or JADU was constructed with a new single-family home. (8) If a manufactured home is used as an ADU, it shall comply with the standards of this section. (Ord. No. 1080B, § 5(5.1H), 7-23-2024)

18.37.060 Parking requirement.
(1) No additional off-street parking spaces are required for an ADU or JADU.

18.37.070 Architectural style.

The following architectural style standards apply to ADUs outlined in Government Code Section 66314 and are not applicable to ADUs created under Government Code Section 66323:
(1) Exterior Finish Materials. The exterior materials must meet one of the following:
a. Siding Mmust be made from stucco, wood, composite boards, vinyl or aluminum products. b. If the ADU proposes, and the siding, then it must be composed in a shingle pattern, or in a horizontal clapboard or shiplap pattern. The boards in the pattern must be six inches or less in width.; or The exterior finish material must be the same in type, siz e and placement as the exterior finish material of the primary structure; or
b. The exterior finish material may be the same in type, size and placement as the exterior finish material of the primary structure.Siding must be made from wood, composite boards, vinyl or aluminum products, and the siding must be composed in a shingle pattern, or in a horizontal clapboard or shiplap pattern. The boards in the pattern must be six inches or less in width. (2) Roof Pitch. The pitch of the roof with the highest ridgeline must meet one of the following:
a. The pitch of the roof with the highest ridgeline must be the same as the pitch of the roof with the highest ridgeline of the primary structure; or
b. The pitch of the roof with the highest ridgeline must be at least 6/12. (3) Trim. The trim must meet one of the following:

Commented [ES3]: Response to HCD’s 2nd Comment:

Revised the entire Architectural Style section by removing subjective standards as recommended by HCD. CA Gov Code 66314 focuses on Detached ADUs. While, 66323 is the rest of the ADU types such as garage conversions, attached
ADUs, JADUs, and New Construction Detached ADU of
800SF Max in the front yard setback (State Exempt ADUs). 209

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18.37.090 Inspection authority.

18.37.100 Existing ADU or JADU.

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P
age 1 of 8
CHAPTER 18.37 ACCESSORY DWELLING UNITS (ADU)

18.37.008 Purpose.

This section is intended to implement the provisions of California Government Code Section 66313, in case of ambiguity, shall be interpreted to be consistent with such provisions. ADUs are allowed in areas where residential uses are allowed to contribute to the following City of Lincoln Housing Element goals. • Goal 1: Accommodate new housing to meet the needs of present and future Lincoln resid ents at all income levels.
• Goal 3: Address special housing needs in Lincoln.
• Goal 4: Promote equal housing opportunities.

18.37.010 Permitted use.

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18.37.030-1: Maximum Number of ADUs/JADUs Per Lot.

Table 18.37.030-1: Maximum Number of ADUs/JADUs Per Lot Lot Type Number of ADUs Number of JADUs
Existing or proposed single-family
residence
One converted ADU and one detached,
new construction ADU provided all
conditions of Government Code Section
66323(a)(1) are met
One JADU provided
all conditions of
Government Code
Section 66323(a)(1)
are met
Existing multi-family dwelling • Not more than eight detached ADUs provided the number does not exceed the
number of existing units per Government
Code Section 66323(a)(4)(A)(ii)
.1
None
Proposed multi-family dwelling Not more than two detached ADUs per Government Code Section
66323(a)(4)(A)(iii).

(1) Fractional units shall be rounded down, and at least one ADU shall be allowed in each multifamily dwelling structure.

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(2) The owner's election shall be noted on any development permit issued by the City.

(4) Non-Conforming Properties. Prior to construction of an ADU, the city may or may not require correction of a nonconforming zoning condition. No building code violation may exist on the lot on which the ADU is to be located.
(5) Owner occupancy for JADUs. The property owner must reside in any single -family residence that includes a JADU. The owner may reside in either the JADU or the remaining portion of the single -family residence.

(8) Living Facilities.
a. ADUs shall include complete independent living facility for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom. b. JADUs shall include living facilities. This includes permanent provisions for living, sleeping, eating, and cooking (i.e. efficiency kitchen), as defined in Government Code Section 66313. JADUs may include a separate bathroom or may share it with the primary residence. (9) Separate Entrances. JADUs and ADUs located within or attached to a primary residence shall include a separate entrance from that of the primary residence. No passageway shall be required in conjunction with the construction of an ADU as defined by Government Code Section 66313.

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18.37.040 Public facilities.

This fee or charge shall not exceed the reasonable cost of providing this service. b. Existing primary dwelling:
i. Attached ADU/JADU—The city will not require separate utility connection or connection fees. ii. D etached ADUs—The city may require a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

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18.37.050 Development standards.
(1) ADUs and JADUs shall comply with the development standards in Table 18.37.050- 1: Development Standards for ADUs and JADUs.

Page 6 of 8 ends

or 25 feet, whichever is lower. Not to
exceed two stories.

Minimum Lot Size None None
NOTES

[2] No setback is required for the conversion of an existing accessory structure to an ADU or JADU; or for a replacement structure in the same location and/or footprint.

[4] This maximum height requirement only applies to new construction. This requirement does not apply if an ADU or JADU is within an existing structure.

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18.37.060 Parking requirement.
(1) No additional off-street parking spaces are required for an ADU or JADU.

18.37.070 Architectural style.

(2) Roof Pitch. The pitch of the roof with the highest ridgeline must meet one of the following:
a. The pitch of the roof with the highest ridgeline must be the same as the pitch of the roof with the highest ridgeline of the primary structure; or
b. The pitch of the roof with the highest ridgeline must be at least 6/12. (3) Trim. The trim must meet one of the following:
a. The trim around all windows and doors must be at least 3½ inches wide .

(4) Windows. The windows on all street facing facades must meet the following:

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a. Each window must be square or vertical—At least as tall as it is wide.

(5) Eaves. The eaves must meet one of the following:
a. The eaves must project from the building walls at least one foot on all elevations; or

b. If the primary structure has no eaves, no eaves are required.

18.37.080 Fees, exactions requirements.
(1) For the purpose of the assessment of all fees and exactions consistent with thi s code, construction of an ADU shall be considered separate from that of the existing single-family dwelling on the lot, and the payment of fees and exactions for such ADU shall be in addition to those which may have been paid for the existing single-family dwelling except if the ADU meets the following criteria:
a. Traffic impact mitigation fees and public facility fees shall not be imposed upon the development of an ADU less than 750 square feet.
b. Traffic impact mitigation fees and public facility fees charged for an ADU of 750 square feet or more, the square footage in excess of the 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.
c. The city council may, by policy, provide for fee modifications, waivers or deferments.

18.37.090 Inspection authority.

18.37.100 Existing ADU or JADU.

DRAFT
218
SUBJECT:

Adopt a Resolution Authorizing the City Manager to Augment the FY 2025-26 Budget by $900,000; unencumber $900,000
from the approved 2026/27 budget; and Authorize the
Purchase of one McNeilus Volterra Electric Vehicle (EV) Residential Garbage Collection Truck. (Matthew Medill/Mike Osborne)
SUBMITTED BY:

Mike Osborne
DEPARTMENT:

Public Works
DATE:

September
9, 2025

Item Number 9.A

STAFF RECOMMENDATION:

Staff recommends that City Council adopt a resolution authorizing the City Manager to unencumber the $900,000 budgeted for this purchase in the FY 2026-27 budget, then encumber the same amount the FY 2025-26 budget as to augment the FY 2025–26 budget by $900,000 and then execute a purchase order in the amount of $900,000 for the procurement of one McNeilus Volterra EV residential garbage collection truck. The net impact to Fund 7310 ending balance does not change as a result of this action.

BACKGROUND/INTRODUCTION:

As a part of California Air Resources Board (CARB) Advanced Clean Fleet (ACF) regulations for local governments, the City of Lincoln is required to begin transitioning to zero-emission vehicles (ZEVs) for all fleet vehicles exceeding 8,500 pounds gross vehicle weight. According to CARB,
“The ACF regulation…will help advance the introduction of zero-emission technologies into California’s truck and bus fleets requiring fleets that are well suited for electrification to reduce emissions through requirements to…phase-in the use of Zero- Emission Vehicles (ZEVs).”
The regulations further require that, beginning January 1, 2024, 50 percent of annual vehicle purchases be zero-emission, increasing to 100 percent of vehicle purchases beginning January 1, 2027.

FINDINGS/ANALYSIS:

In order to comply with State regulations and identify a battery-powered garbage truck capable of efficiently and safely completing residential collection routes in the City, the Solid Waste Division test drove four different EV garbage truck models. Based on these evaluations, staff has determined that the McNeilus Volterra is the most suitable option currently available.

Operators noted several advantages, including extended-range batteries, quiet performance, smooth arm operation, excellent turning radius for maneuvering in cul-de-sacs, efficient packing, and superior driver comfort. The manufacturer’s representative, Haaker Refuse, has

STAFF REPORT
219
offered a $100,000 discount off their original $1 million price, reducing the purchase price to $900,000, provided that the City issues a purchase order in September 2025. The purchase is budgeted at exactly $900,000 for FY 2026-27, and staff is requesting authorization to proceed with the order now, with delivery and payment to follow in July 2026, per the original budget schedule.

Consequently, staff recommends that City Council adopt a resolution authorizing the City Manager
to unencumber the $900,000 budgeted for this purchase in the FY 2026-27 budget, then encumber the same amount in the FY 2025–26 budget so as to augment the FY 2025–26 budget by $900,000 and then execute a purchase order in the amount of $900,000 for the procurement of one McNeilus Volterra EV residential garbage collection truck.

The net result is no change in the two-year 2025-27 budget and no change in the ending fund balance to Fund 7310.

FISCAL IMPACT:

This equipment is funded in fiscal year 2026-27 by Fund 7310.

Budgeted
CIP V2512 McNeilus Volterra EV residential garbage truck Fund 7310 Solid Waste Capital $900,000 Total $900,000

Amount to unencumber from FY 2026-27: $900,000
Amount to encumber in FY 2025-26: $900,000
The net result is no change in the two-year FY 2025-27 budget and no change in the ending fund balance.

Estimated Cost
Fund 7310
McNeilus Volterra EV residential garbage truck $900,000 Total $900,000

ATTACHMENTS:

Resolution_V3.docx
Attachment A Cooperative Purchasing Quote for One McNeilus Volterra Garbage Truck.docx Attachment B McNeilus Volterra EV Garbage Truck.docx
Resolution_V3rfc.docx
220
Resolution No. 2025-

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN AUTHORIZING THE CITY MANAGER TO UNENCUMBER THE $900,000 BUDGETED IN THE FY 2026-27 BUDGET AND ENCUMBER THE SAME AMOUNT IN THE FY 2025-26 BUDGET SO AS TO AUGMENT THE FY 2025-26 BUDGET BY $900,000 AND EXECUTE A PURCHASE ORDER IN THE AMOUNT OF $900,000 FOR THE

PROCUREMENT OF ONE MCNEILUS VOLTERRA EV RESIDENTIAL GARBAGE COLLECTION TRUCK.

WHEREAS, as a part of California Air Resources Board (CARB) Advanced Clean Fleet (ACF) regulations for local government, the City of Lincoln is required to begin transitioning to zero -emission vehicles (ZEV s) for all fleet vehicles exceeding 8,500 pounds gross vehicle weight; and

WHEREAS, in order to comply with S tate regulations and identify a battery - powered garbage truck capable of efficiently and safely completing residential collection routes, the Solid Waste Division test drove four different EV garbage trucks models; and

WHEREAS, as a result of these evaluations, Staff has determined that the McNeilus Volterra is the most suitable option among currently available models; and

WHEREAS, operators noted several advantages of the McNeilus Volterra , including extended-range batteries, quiet performance, smooth arm operation, excellent turning radius for maneuvering in cul -de-sacs, efficient packing, and superior driver comfort; and

WHEREAS, the manufacture r representative, Haaker Refuse, is offering a $100,000 discount off their original $1 million price , reducing the purchase price to $900,000, provided that the City issues a purchase order in September 2025; and

WHEREAS, the purchase is budgeted at $900, 000 in FY 2 026-27 and staff is requesting to unencumber the $900,000 budgeted in the FY 2026 -27 budget, then encumber the same amount in the FY 2025-26 budget to augment by $900,000 so that a purchase order may be issued, with delivery and payment to follo w in July 2026, in alignment with original budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizing the City Manager to unencumber $900,000 budgeted in the FY 2026-27 budget and encumber the same amount in the FY 2025 -26 budget as to augment the FY 2025 -26 budget by $900,000 and execute a purchase order in the amount of $900,000 for the procurement of one McNeilus Volterra EV residential garbage collection truck.

PASSED AND ADOPTED this 9th day of September, 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
221
Resolution No. 2025-

Holly Andreatta, Mayor
ATTEST:

Hope Ithurburn, City Clerk
222

Attachment A

Cooperative Quote for a McNeilus Volterra EV Garbage Truck

223

224

225

Attachment B

McNeilus Volterra EV Garbage Truck

226
Resolution No. 2025-

RESOLUTION 2025-XX

PROCUREMENT OF ONE MCNEILUS VOLTERRA EV RESIDENTIAL GARBAGE COLLECTION TRUCK.

WHEREAS, as a result of these evaluations, Staff has determined that the McNeilus Volterra is the most suitable option among currently available models; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to unencumber $900,000 budgeted in the FY 2026-27 budget and encumber the same amount in the FY 2025 -26 budget to Fund 7310 and execute a purchase order in the amount of $900,000 for the procurement of one McNeilus Volterra EV residential garbage collection truck.

PASSED AND ADOPTED this 9th day of September, 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
227
Resolution No. 2025-

Holly Andreatta, Mayor
ATTEST:

Hope Ithurburn, City Clerk
228
SUBJECT:

Adopt a Resolution in Support of Fair Representation for Lincoln Residents. (Kristine Mollenkopf)
SUBMITTED BY:

Kristine Mollenkopf
DEPARTMENT:

City Attorney's Office
DATE:

September
9, 2025

Item Number 9.B

STAFF RECOMMENDATION:

Staff recommends the City Council discuss and consider adoption of a Resolution in support of fair representation for Lincoln residents in response to the State's efforts to redraw congressional maps, temporarily bypassing the state's independent redistricting commission.

BACKGROUND/INTRODUCTION:

California lawmakers are making efforts to place Proposition 50, also called the Election Rigging Response Act, onto the November 4, 2025, ballot. If approved, the ballot measure would allow the Legislature to redraw congressional maps, temporarily bypassing the state's independent redistricting commission.

FINDINGS/ANALYSIS:

California voters approved the state's independent redistricting commission in 2008 and expanded its authority two years later to include congressional maps. If voters approve Proposition 50, the new maps go into effect for the 2026 election if another state redraws its congressional districts without a court order. The California proposal emerged after other states began pursuing mid-cycle redistricting. These new maps would remain in place until 2032, at which time the commission would then resume control over the creation of congressional maps.

Prop. 50 is tied to three legislative bills: Assembly Constitutional Amendment 8 would place a constitutional amendment on the ballot allowing legislative-drawn congressional maps; Assembly Bill 604 establishes the proposed map; and Senate Bill 280 funds and sets the rules for the November special election, including consolidating local elections already scheduled for that date. Because the measures are either ballot initiatives or have urgency clauses, they must each receive a 2/3 majority vote in both houses.

Prop. 50 would only affect congressional districts. City council, county, and other local district boundaries would not be impacted. Local governments would not need to redraw maps, though could see changes in federal representation. The maps as presently drawn would split

STAFF REPORT
229
at least one city, the City of Lodi, into three different congressional districts.

ATTACHMENTS:

Resolution for Fair Representation in Redistricting.docx 230
Resolution No. 2025-

Page 1 of 3 ends

RESOLUTION 2025-
Fair Representation for Lincoln Residents

A RESOLUTION IN SUPPORT OF FAIR REPRESENTATION FOR LINCOLN

RESIDENTS

WHEREAS, the City of Lincoln is committed to preserving democratic principles, fair representation, and the integrity of the electoral process for all residents; and WHEREAS, in 2008, California voters passed Proposition 11, establishing the California Citizens Redistricting Commiss ion (CCRC) as an independent, nonpartisan body to draw legislative districts, followed by Proposition 20 in 2010 extending this authority to congressional districts; and
WHEREAS, these voter-approved reforms were specifically designed to remove partisan p olitics from redistricting and ensure that district lines are drawn based on objective criteria including equal population, compliance with the Voting Rights Act, geographic contiguity, and preservation of communities of interest; and WHEREAS, the CCRC is required by law to prioritize keeping "communities of interest" together, defined as "contiguous populations which share common social and economic interests that should be included within a single district for purposes of effective and fair representation"; and
WHEREAS, the City of Lincoln, located in Placer County, forms a natural community of interest with neighboring cities sharing common schools, services, economic interests, and local governance structures; and WHEREAS, Lincoln residents have disti nct local concerns that differ significantly from those of Sacramento -area communities, as evidenced by historical voting patterns and community input during previous redistricting processes; and WHEREAS, on August 15, 2025, Governor Gavin Newsom and legi slative leadership proposed bypassing the independent redistricting commission to implement new congressional maps through a special election process; and WHEREAS, the proposed redistricting plan would dramatically alter the current 3rd Congressional District by extending it to include " voters from Sacramento" while diluting the representation of Lincoln and similar Placer County communities; and WHEREAS, such partisan manipulation of district boundaries violates the fundamental principle that voters sho uld choose their representatives, rather than politicians choosing their voters through gerrymandering; and WHEREAS, mid-decade redistricting for partisan advantage undermines the stability and predictability that communities need for effective representa tion and long - term planning; and
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Resolution No. 2025-

Page 2 of 3 ends

WHEREAS, decisions made at the state and federal level, including funding for transportation, wildfire protection, water infrastructure, public safety, and economic development, directly impact the quality of life in Lincoln; and

WHEREAS, the proposed process lacks the extensive public input, transparency, and community engagement that characterizes the independent commission's redistricting process; and
WHEREAS, this partisan redistricting effort sets a dangerous precedent that could encourage similar manipulat ion by future political actors regardless of party affiliation, thereby eroding public trust in the electoral system; and WHEREAS, numerous organizations dedicated to good governance and democratic reform, including the League of Women Voters of Californi a, have opposed this partisan redistricting plan as contrary to California's democratic values; and WHEREAS, the proposed redistricting threatens to split natural communities like Lincoln from their appropriate representation and dilute local voices in fa vor of partisan political calculations; and
WHEREAS, preserving the integrity of independent redistricting is essential to maintaining public confidence in democratic institutions and ensuring fair representation for all California communities.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lincoln as follows:

Section 1. Opposition to Partisan Redistricting. The City Council of the City of Lincoln hereby opposes the proposed mid -decade congressional redistricting plan that would bypass the California Citizens Redistricting Commission and implement partisan -drawn maps.

Section 2. Support for Independent Redistricting. The City Council reaffirms its strong support for the independent redistricting process established by California voters through Propositions 11 and 20 and calls upon state leadership to respect and maintain this critical democratic reform.

Section 3. Protection of Communities of Intere st. The City Council calls upon all redistricting authorities to preserve communities of interest, including keeping Lincoln and similar Placer County communities together in districts that reflect their shared interests, values, and concerns.

Section 4. C all for Transparency and Public Input. The City Council urges that any redistricting process include extensive public hearings, transparent deliberations, and meaningful community input, as required under the independent commission model.

Section 5. Opposi tion to Gerrymandering. The City Council condemns gerrymandering in all its forms, whether conducted by Democrats or Republicans, and calls for fair districts that serve voters rather than partisan political interests. The City 232
Resolution No. 2025-

Page 3 of 3 ends

Council of the City of Linc oln urges that district boundaries be drawn transparently and fairly, so that the voices of Lincoln voters are neither diluted nor divided.

Section 6. Distribution of Resolution. The City Clerk is hereby directed to transmit copies of this resolution to:
 Governor Gavin Newsom
 State Senate President pro Tempore Mike McGuire
 Assembly Speaker Robert Rivas
 Senator Roger Niello (4th Senate District)
 Assemblymember Joe Patterson (5th Assembly District)
 Representative Kevin Kiley (3rd Congressional District)  California Citizens Redistricting Commission
 League of California Cities
 California Contract Cities Association
 California Association of Counties
 League of Women Voters of California
 Common Cause California
 All Placer County municipalities
Section 7. Media and Public Notice. The City Clerk is further directed to make this resolution available to local media outlets and post it prominently on the City's website to inform Lincoln residents of the City Council's position on this important matter.

Section 8. Effective Date. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 9th day of September, 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Holly Andreatta, Mayor

ATTEST:

Hope Ithurburn, City Clerk
233

Lincoln City CouncilSeptember 9, 2025

Lincoln City Council
September 9, 2025