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Can Parking Be Required Where a Car Share Is Available? ----_
No,ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A
car share location includes a designated pickup and drop off location. Local governments can measure a block
from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three
blocks.
• is Off Street Parking Permitted in Setback Areas or through Tandem Parking?
Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that
tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life
safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction. _
However,these determinations should be applied in a manner that does not unnecessarily restrict the creation of
ADUs.
Local governments must provide reasonable accommodation to persons with disabilities to promote equal
access housing and comply with fair housing laws and housing element law. The reasonablea
accommodation procedure must provide exception to zoning and land use regulations which includes a ..1!"*--
. ADU ordinance. Potential exceptions are not limited and may include development standards such as '' •
setbacks and parking requirements and permitted uses that further the housing opportunities of individuals
with disabilities.
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Is Covered Parking Required?
iNo, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings
are made.
Is Replacement Parking Required When the Parking Area for the Primary
Structure Is Used for an ADU? •
Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements
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such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an
opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not
requiring replacement parking.
Are Setbacks Required When an Existing Garage Is Converted to an ADU? •
No, setbacks must not be required when a garage is converted or when existing space(e.g., game room or office)
above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space
is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage,
not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending
beyond the garage walls.
Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist
so an ADU can be created, the replacement parking must be allowed in any"configuration" on the lot, "...including,
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FAQ s
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Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their
potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout
most of the community: Minimum lot sizes cannot be applied to ADUs within existing structures and could '
be considered relative to health and safety concerns such as areas on septic systems. While larger lot
;.,,sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g.,
maximum unit size,maximum lot coverage, minimum setbacks, architectural and landscape requirements)
i.J .t.aliows,ADU.is.to fit well,within the built environment,
' . N/7"-\ Can a Local Government Adopt Less Restrictive Requirements?
Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local
governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less
restrictive parking or unit sizes or amending general plan policies.
Santa Cruz has confronted a shortage of housing for many years,considering its growth in population from
incooming dents at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development
of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to
,, promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and
requirements to make it more convenient for homeowners to get information. The City found that
homeowners will take time to develop an ADU only if information is easy to find,the process is simple, and
there is sufficient guidance on what options they have in regards to design and planning.
The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage
;` more homesbuild an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop
an ADU. For more information..see http:fwww,cityofsantacruz.comideparimentstplanning-arid-come un y-
devt o.rne It/..o..amslaccesso =-dwellin•-unit-develo•ment-.ro.ram.
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Can Local Governments Establish Minimum and Maximum Unit Sizes?
Yes, a local government may establish minimum and maximum unit sizes(GC Section 65852.2(c). However, like
all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of
ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that
unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit
sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit
as defined in Health and Safety Code Section 17958.1.
ADU law requires local government approval if meeting various requirements (GC Section
65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50
percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200
square feet. A local government may choose a maximum unit size less than 1,200 square feet as long .
:R as the requirement is not burdensome on the creation of ADUs.
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