Folsom, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- FMC Sec. 17.105.160(B)(4)
- Trigger
- JADU shares sanitation with main house
- Exempt
- Separate-bathroom JADU
- Exempt owners
- Gov't agency, land trust, nonprofit
- Enforcement tool
- Recorded deed restriction
Summary
Folsom requires the titleholder to live in either the primary home or the junior ADU whenever the JADU shares a bathroom with the main house. A JADU with its own separate sanitation facilities, or one owned by a government agency, land trust, or nonprofit, is exempt.
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.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 1369, passed April 28, 2026).
Full Breakdown
160(B)(4) of the Folsom Municipal Code imposes an owner-occupancy requirement on junior accessory dwelling units, but only where the JADU shares sanitation facilities with the primary dwelling: a person holding legal or equitable title to the primary dwelling must reside on the property, in either the primary home or the JADU, as that person's legal domicile and permanent residence. Subsection (a) carves out exceptions where the JADU has its own separate sanitation facilities from the primary dwelling, or where the owner is a governmental agency, land trust, or nonprofit housing organization; in those cases no one is required to live on-site.
160(B)(3): before the city issues a building permit for a JADU, the owner must record a deed restriction, approved by the city attorney, stating the JADU cannot be sold separately from the primary dwelling, that it stays restricted to its approved size and attributes, and that the restriction runs with the land against future owners. 020(G) as no more than 500 square feet and contained entirely within a single-unit dwelling. 080 addresses separately.
Violations & Fines
The recorded deed restriction under Section 17.105.160(B)(3) is the enforcement mechanism: it runs with the land and can be enforced against future property owners, not just the person who built the JADU. Because the chapter routes JADU permit issuance through the standard building permit process, a titleholder who fails to satisfy the occupancy condition on a shared-bathroom JADU is out of compliance with the recorded restriction, exposing the property to the city's standard code enforcement and correction-notice process under Chapters 1.08 through 1.10.
Frequently Asked Questions
Do I have to live on-site if I build a JADU in my Folsom home?
Is a nonprofit exempt from the Folsom JADU owner-occupancy rule?
Can I sell my Folsom JADU separately from my house?
Sources & Official References
Other rules in Folsom
California rules heatmap·Compare Folsom to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Sacramento County handle adu owner occupancy.