All Forum Posts by: Thinh Duong

Hi Brian/Dan,

Again thanks for your response.

My rear setback is 4 1/2 ft, side setback is 5ft. Here is what the inspector emailed me around July time frame last year. 

The unpermitted addition to the main residence is built into the rear setback of the property. An attached ADU must meet all of the zoning requirements that apply to the main residence. In this case, the residence resides in an R-1-8 zoned area that has a rear setback of 20 feet. This means nothing attached to the main residence can be built in the setback area.

I emailed him back last night with the newer information from HCD handbook. I will defintely appease this if they still do not accept my application.

TD

 Hi Brian,

I'm talking about REAR setback. The inspector I talked to over email last year said my ADU needs 20 ft setbacks to qualify for amnesty program. I recently found that the HCD has issued a new ADU handbook that would qualifies my existing ADU specs, but I don't know if San Jose amnesty program will comply with the State regulation. Any further advise on this would be appreciated.

https://www.hcd.ca.gov/policy-...

TD

Hi Dan,

Thanks for the info. It is my REAR setback. and Yes, it is local amnesty program.

I did some further research last night and apparently the HCD has issued a handbook on ADU new regulations effective in 2021, i'm not sure if San Jose ADU is following HCD handbook for Amnesty program. I just sent them an email last night and waiting for response. will keep updating this tread with information.

TD

Hi fellow investors/home owners,

Has anyone gone through the process of legalizing your existing unpermitted ADU? I'm currently just getting started on my ADU (purchased as is.) The Amnesty team said I can't go through the amnesty program because my ADU doesn't meet the setback requirement of 20 feet, zone R-1-8. Any advise/thought on how to get around this? Thanks in advance.