ADU Owner Occupancy: Lincoln vs Rocklin
How do adu owner occupancy rules compare between Lincoln, CA and Rocklin, CA?
Lincoln has fewer restrictions than Rocklin.
Lincoln, CA
Placer County
Lincoln cannot impose an owner-occupancy requirement on ADUs permitted between January 1, 2020 and January 1, 2025 per Cal. Gov. Code §65852.2(a)(6). Owners may rent out both the primary dwelling and the ADU during this window.
View full Lincoln rules →Rocklin, CA
Placer County
Rocklin Municipal Code Chapter 17.67 expressly states 'there is no owner occupancy requirement' for an ADU permitted on or after January 1, 2020. This tracks Cal. Gov. Code §65852.2(a)(6), which prohibits local owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025 (extended by AB 976 / 2023 to permanently bar such requirements for ADUs on single-family lots). Junior ADUs (JADUs) are different: under Cal. Gov. Code §65852.22(a)(2) and RMC Chapter 17.67, 'the owner must live in the primary residence or the JADU.' Owner occupancy for JADUs must be evidenced by a recorded deed restriction that runs with the land and includes the owner-occupancy covenant and the prohibition on separate sale (Gov. Code §65852.22(a)(5)).
View full Rocklin rules →Key Facts Comparison
| Fact | Lincoln | Rocklin |
|---|---|---|
| Owner occupancy (standard ADU) | Not required (2020-2025 permits) | - |
| Owner occupancy (JADU) | Required | - |
| Authority | Cal. Gov. Code §65852.2(a)(6) / §65852.22 | - |
| Deed restriction required | Yes for JADU, No for ADU | - |
| Post-2025 ADU permits | City may reinstate (not retroactive) | - |
| ADU owner occupancy | - | Not required (RMC Ch. 17.67; Gov. Code §65852.2(a)(6); AB 976) |
| JADU owner occupancy | - | Required — owner must live in primary residence or JADU (Gov. Code §65852.22(a)(2)) |
| JADU deed restriction | - | Recorded covenant required (Gov. Code §65852.22(a)(5)) |
| JADU government/nonprofit exception | - | Owner-occupancy waived for qualified governmental/nonprofit owners |
| Pre-2020 ADUs | - | Original owner-occupancy condition (if any) still runs |
Highlighted rows indicate differences between cities.
Lincoln FAQ
Do I have to live on my Lincoln property to rent out the ADU?
No, not for standard ADUs permitted between Jan 1, 2020 and Jan 1, 2025. State law (Gov. Code §65852.2(a)(6)) preempts owner-occupancy requirements during that window. JADUs always require owner occupancy.
What is the difference between an ADU and a JADU for occupancy?
A standard ADU does not currently require owner occupancy. A JADU (junior ADU, max 500 sq ft, inside the primary dwelling) requires the owner to live in either the JADU or the primary unit per Gov. Code §65852.22.
Will owner occupancy be required again after 2025?
Possibly. Cities may impose owner occupancy on ADUs permitted on or after Jan 1, 2025. The requirement is not retroactive — earlier permits remain exempt.
Rocklin FAQ
Do I have to live on the property to build an ADU in Rocklin?
No. RMC Chapter 17.67 says 'there is no owner occupancy requirement' for an ADU. State law (Cal. Gov. Code §65852.2(a)(6), as made permanent by AB 976) bars cities from imposing owner-occupancy on ADUs on single-family lots.
What about a JADU?
Yes. Cal. Gov. Code §65852.22(a)(2) and RMC Chapter 17.67 require the owner to live in either the primary residence or the JADU. A recorded deed restriction must memorialize this before the City finalizes the JADU permit.
What does the JADU deed restriction have to say?
Per Cal. Gov. Code §65852.22(a)(5), it must (i) prohibit separate sale of the JADU from the primary residence, (ii) restrict size and attributes to JADU standards, and (iii) require the owner to occupy either unit (subject to government/nonprofit exception).
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