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A state agency told Lompoc to let go of parking requirements for ADUs

A backyard cottage in Winchester, Virginia. California’s HCD has argued that local governments cannot impose any parking requirements for ADU permits.
BeyondDC
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A backyard cottage in Winchester, Virginia. California’s Department of Housing and Community Development has argued against any parking requirements for ADU permits.

The city of Lompoc might try to buck the guidance of a state agency because of a disagreement over parking requirements for certain housing permits.

In order to respond to California’s housing crisis, policy makers have pushed to make ADUs, a type of in-fill housing, easier and easier to build.

ADUs can take the form of a granny flat, a converted garage or even a stand-alone home added onto an existing property.

In 2024, the state’s Department of Housing and Community Development told Lompoc that it needed to update its ADU permitting policies to be in line with state code.

City attorney Jeff Malawy, however, disagreed with some of the department's interpretations.

 “We are confident that state law is on our side on this, and that [Housing and Community Development] is reaching a little bit too much,” Malawy told the Lompoc City Council on Tuesday.

Creating new parking, or just retaining?

California’s housing department has told Lompoc that it cannot include any new parking requirements in its updated ADU zoning code.

However, Lompoc staff argue that homeowners can be required to replace parking spots destroyed by the construction of a junior ADU, a smaller type of attached housing.

For example, if a garage is converted into a living space, the city could require that parking be replaced somewhere else on the lot as part of the permitting process.

Since the policy would only retain and not require new parking, city staff have said it would still be in line with state law.

At a council meeting on Tuesday, Malawy acknowledged that the policy could cause legal problems, but said Lompoc was not alone.

“There are other cities as well that have taken issue with [Housing and Community Development]'s interpretation on this parking issue,” Malawy said.

Nick Gonzales, a Lompoc resident and vice president of the Santa Barbara Rental Property Association, told the council a lack of parking requirements is a key part of what makes ADUs more affordable.

“You are going to impact the affordability of the ADUs,” said Gonzales. “You will, in some instances, structurally prevent a junior ADU.”

The City Council has not yet approved the updates to the zoning code. If it does, the state’s housing department would then review the policy.

Kendra is a reporter and producer for KCBX News. Previously, she reported for public radio stations KDLG in Alaska and KUOW and KBCS in Washington State.
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