Unpermitted additions - JADU + ADU in CA?

[Sheng Ma]

Hope this is the right forum to post this. Currently in escrow on a home in CA that has a permitted additional 1bed/1bath (separate entrance) with an unpermitted kitchen, as well as an unpermitted studio garage conversion (detached). The recent legislation on ADUs has muddied the waters, and the local city planning committee seems to be interpreting it differently than what other municipalities have published. My original plan:

1. Convert the permitted 1bed/1bath living space into a Junior ADU by permitting the kitchen (as-built permit). It meets the sq ft, separate entrance, and all other requirements for it to become a JADU.

2. Convert the garage studio into ADU by requesting health/safety check - my interpretation of the legislation is that there is a 5-year grace period to get everything up to code as long as everything passes health/safety inspection. The unit is well-built but the prior owner did not pull permits to build it.

The problem is the city is interpreting the law to only allow JADU and an ADU based on the following:

Meaning that I would have to tear down the garage and build as a new structure in order to qualify it as an ADU in addition to the JADU. If this is the case, I may be better off converting the garage studio into an ADU and doing short-term rental with the 1/1 instead.

Has anyone been successful in permitting both a JADU and ADU on a SFR lot? Or any additional thoughts on how to proceed in this situation would be greatly appreciated!

[Dan H.]

I do not know which bill you copied text it from, but refer to AB68 for the following:

(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.(ii) The space has exterior access from the proposed or existing single-family dwelling.(iii) The side and rear setbacks are sufficient for fire and safety.(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.

You can contact HCD (Housing and Community Development at ADU atSign HCD.Ca.gov for a definitive response and help dealing with your jurisdiction.

It is my belief that what you proposed should be allowed by state rules.   Assuming I am correct, the local city planning cannot legally prevent it.