Turn basement unit to ADU in Hayward

[Tommy Lee]

Need your help to understand the ADU law of Hayward area.

Wonder if I can turn my "1st floor" (with no permit kitchen and full bath) unit to legal ADU. This "1st floor" unit is legal with about 1100 sqft.

Whole house is 2600 sqft. 2nd floor has legal kitchen and bath with own entrance. 2nd floor actually the main floor because the house built on the slant hill, so 1st floor looks like a basement, also with own entrance.

My questions:

Since kitchen and bath already built in 1st floor basement unit, can I still apply for ADU without removing the kitchen and bath? I know it may need architect to draw current plan and submit to see if it will approve. If City saw that kitchen and bath already exist but no permit, will they force me to remove? How much chance I can keep my kitchen and bath and receive ADU permit based on current floor plan?

[Nicholas Leone]

You should be able based on the fact that the ADU is no larger than 50% of the habitable area. You have separate entrances which is key. You'll need to occupy one unit and provide off-street parking.

Not sure what the Park fee is but get ready to pay that. You also need to get Planning approval which would likely require a basic submission of building plans.

As for your question, I'm assuming that the kitchen/bah work was originally unpermitted. The City wants its permit fees and may require plans showing that the as installed conditions meet code.

Best thing to do is call Planning and ask without giving your address.

Good luck!