Garage Conversion Legalization in San Jose, CA

[Inna Le]

Hello BP Community! 

We are trying to legalize an attached garage conversion in our investment SFH in San Jose, CA (converted 10+ years ago and purchased as is). In light of the recent changes to legislation we were optimistic about the process. However, based on the information obtained by our architect from city Planning department this week in order to legalize as ADU we need to add a kitchen (bath is also a requirement, but the converted space has a bath already). The converted garage is right off the main kitchen. Adding another kitchen in the same area would not complement the current lay out/design. The idea is to keep a single family house feel and look. JADU option, which does not require a bath nor kitchen (contrary to what's on the City of SJ website) does not work since the property is not owner-occupied. And we cannot have a garage as a bonus room – it's not allowed. Hypothetically if we were to add a kitchen it would require additional investment (cost of additions and expenses related to tenant disruption as the property is currently occupied by a good tenant, potential vacancy, etc.), which does not make financial sense in this particular case and won't offer a return in a foreseeable future. Furthermore, the city said that if the property is not owner occupied and we don't convert the garage into an ADU, we would have to change it back to a garage to make it legal! Very frustrating.

Does anyone have any relevant information or currently going through the same process in SJ? Any suggestions on what our next steps should be?

Much appreciate your input.