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<br />11 <br /> <br />Can Parking Be Required Where a Car Share Is Available? <br />No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A <br />car share location includes a designated pick up and drop off location. Local governments can measure a block <br />from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three <br />blocks. <br />Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? <br />Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that <br />tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life <br />safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction. <br />However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of <br />ADUs. <br /> <br />Is Covered Parking Required? <br />No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings <br />are made. <br />Is Replacement Parking Required When the Parking Area for the Primary <br />Structure Is Used for an ADU? <br />Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements <br />such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an <br />opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not <br />requiring replacement parking. <br />Are Setbacks Required When an Existing Garage Is Converted to an ADU? <br />No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office) <br />above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space <br />is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage, <br />not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending <br />beyond the garage walls. <br /> Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist <br />so an ADU can be created, the replacement parking must be allowed in any “configuration” on the lot, “…including, <br />Local governments must provide reasonable accommodation to persons with disabilities to promote equal <br />access housing and comply with fair housing laws and housing element law. The reasonable <br />accommodation procedure must provide exception to zoning and land use regulations which includes an <br />ADU ordinance. Potential exceptions are not limited and may include development standards such as <br />setbacks and parking requirements and permitted uses that further the housing opportunities of individuals <br />with disabilities. <br />8.B. - Page 61