Can my city require parking for an ADU or make me replace garage parking?

Your city can require at most one parking space per ADU or per bedroom, whichever is less, and in many situations it cannot require any parking at all. If you convert or demolish a garage, carport or parking space to build an ADU, state law bars the city from making you replace that parking.

When no ADU parking can be required

Under Government Code section 66322(a), a local agency cannot impose any parking standard for an ADU that is:

  • within one-half mile walking distance of public transit, which state law defines to include places such as bus stops and train stations served by fixed routes that charge set fares;
  • in an architecturally and historically significant historic district;
  • part of the proposed or existing primary residence or an accessory structure, such as a garage conversion;
  • in an area where on-street parking permits are required but not offered to the ADU occupant;
  • within one block of a car share vehicle; or
  • submitted with an application for a new home on the same lot, if the ADU or parcel also meets one of the criteria above.

HCD adds that agencies cannot impose parking requirements on the state-protected ADU types in section 66323, and section 66334 bars parking requirements for JADUs, even when converted from an attached garage.

When parking can be required

Otherwise, section 66314(d)(10) caps parking at one space per ADU or per bedroom, whichever is less. Spaces can be tandem on a driveway and can be located in setback areas unless the agency makes specific findings that this is not feasible because of topography or fire and life safety conditions. HCD says guest parking cannot be required, and agencies may reduce or eliminate ADU parking entirely.

Replacing lost garage parking

Section 66314(d)(11) says that when a garage, carport, covered parking structure or uncovered parking space is demolished in conjunction with building an ADU, or converted to an ADU, the agency cannot require those off-street spaces to be replaced. If you are tearing down a detached garage to build the ADU, the demolition permit must be reviewed with the ADU application and issued at the same time, and you cannot be required to post a demolition notice unless the property is in an architecturally and historically significant historic district.

What this means for your MEP plans and permit set

Garages can hold the main electrical panel, the water heater, laundry hookups and gas piping. When the garage becomes living space, your plans must show whether each item stays, moves or is replaced, with proper clearances and access. If a garage you are demolishing fed outdoor circuits or an EV charger, those circuits need to be re-planned too. See garage door conversions, electrical work in garage conversions, and California ADU requirements. Parking rules vary locally within these limits, so confirm them with your planning department.

Sources: leginfo.legislature.ca.gov, leginfo.legislature.ca.gov, leginfo.legislature.ca.gov, leginfo.legislature.ca.gov, hcd.ca.gov.

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