SFH with un-permitted guest house and a detached garage

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SFH with un-permitted guest house and a detached garage

Paul Wolfson
Los Angeles, CA · Member since 2019 · 77 posts · 32 votes

I found a SFH that is for sale. It has a detached un-permitted guest house and separately a detached garage, which I would like to convert to an ADU. The zoning is for a single family house.

1. What strategies are at play here? 

2. Can I permit the guest house, and rent it out?

3. After permitting the guest house, can I convert the detached garage to an ADU for a second income stream?

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Nabil SuleimanBusiness Member
Real Estate Agent · Los Angeles, CA · Member since 2016 · 596 posts · 299 votes
6y

@Paul Wolfson 

Once it’s permitted you can for sure rent it out. I can guarantee you people rent out non permitted units everyday. 

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  • Nabil SuleimanBusiness Member
    Real Estate Agent · Los Angeles, CA · Member since 2016 · 596 posts · 299 votes
    6y

    @Paul Wolfson

    It's not impossible that by getting a permitted ADU that they will ask you to tear down the Guesthouse. I would partner with an architect or someone with experience reverse permitting. Permit the guesthouse first if possible and then attempt to do an ADU if they let you. May I ask if the zoning is R1. I saw you put single family just wanted to double check.

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  • Elizabeth Goff
    Investor · Napa, CA · Member since 2016 · 101 posts · 53 votes
    6y

    As I understand it, new legislation that went into effect this year (SB13) made amnesty programs for ADUs mandatory .... so you should be able to get the guest house permitted without any penalties (as long as bring up to code).  I'd reach out to the planning department to see what there plan and guidelines and process is for amnesty.

    In terms of converting a garage after already having an ADU... don't think this is allowable. If you already have an ADU, they WILL allow another (new great news) BUT it must be attached to the main house (can't recall what they are calling this).

    Good luck!

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  • Collin Chan
    Investor · Dublin, CA · Member since 2019 · 167 posts · 134 votes
    6y

    @Elizabeth Goff I think you're referring to a JADU?

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  • Paul Wolfson
    OP
    Los Angeles, CA · Member since 2019 · 77 posts · 32 votes
    6y

    @Nabil Suleiman I believe the zoning is R1

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  • Paul Wolfson
    OP
    Los Angeles, CA · Member since 2019 · 77 posts · 32 votes
    6y

    @Nabil Suleiman if I am successful at permitting the guest house, are you allowed to rent out a guest house or must it be an official ADU in order for it to be allowed to be legally rented out.

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  • Nabil SuleimanBusiness Member
    Real Estate Agent · Los Angeles, CA · Member since 2016 · 596 posts · 299 votes
    6y

    @Paul Wolfson 

    Once it’s permitted you can for sure rent it out. I can guarantee you people rent out non permitted units everyday. 

    [email protected]661-904-1725
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  • Paul DashevskyPro Member
    Investor · Los Angeles · Member since 2020 · 152 posts · 60 votes
    6y

    I think permitting the garage into an ADU will be relatively simple in the city of Los Angeles, the location is grandfathered-in even if it doesn't meet setback requirements. Converting an un-permitted guest house is more complicated, you have to go through the series of steps outlined in this article by Maxable https://maxablespace.com/how-to-legalize-your-granny-flat/

    However, my understanding is that you're only allowed one ADU per single family lot in Los Angeles, so you wont be able to do both. 'Third unit' is allowed as a JADU, but that has to be within the envelope of the main house.

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  • Paul Wolfson
    OP
    Los Angeles, CA · Member since 2019 · 77 posts · 32 votes
    6y

    @Paul Dashevsky thanks for the referenced article. I'll take a look. I know you can't have 2 detached ADUs on a single lot zoned R1 for a single family residence. However, In my case I'm trying to see if I can have 1 ADU and 1 permitted guest house.

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  • Mel Jeffrey
    Developer · Los Angeles, CA · Member since 2012 · 132 posts · 32 votes
    6y

    @Paul Wolfson you should definitely call or walk in to the planning department for this question. I would want to hear the response from the horses mouth and then document it. I use this form when I have general ADU questions:

    https://planning.lacity.org/ordinances/docs/ADU/InformationSheet.pdf

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  • Robert ChuangPro Member
    Realtor · Arcadia, CA · Member since 2014 · 145 posts · 46 votes
    6y

    @Paul Wolfson It seems like you have not bought the property yet, you should directly go to the city and ask them about it. My guess is they will think you are doing 2 ADUs, at least seems to be that way. And give you a no, only 1 ADU allow.

    If you already got the property. This really depends on interpretation by the plan checker. I would actually get the as-built drafted and then add an ADU. Then take it into the city and see if you can do so. Then escalate it into case management, if the code does allow it. 

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  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    6y
    Originally posted by @Paul Wolfson:

    @Paul Dashevsky thanks for the referenced article. I'll take a look. I know you can't have 2 detached ADUs on a single lot zoned R1 for a single family residence. However, In my case I'm trying to see if I can have 1 ADU and 1 permitted guest house.

    You are calling one an ADU and one a "guest house" which is currently un-permitted and you would like to permit it. Permitting the illegal guest house would be via ADU so yes you can do that but once done, you can not do another ADU. A gust house and ADU are one of the same. To rent it out legally, it must have a heating source, connection to sewer, and a kitchenette at minimum.

    So your options are: Convert the illegal unit to a legal ADU and rent out that plus the main house OR tear it down and build a legal ADU but you can not do both on a property zoned LARD1.

    If this was a multi family zoned lot, you could do 2 ADU units.

    On a single family, you can have 1 ADU and 1 JADU (junior ADU) but the junior ADU has to use a portion of the existing home (there by being attached) and can not be greater than 500 SF with its own separate entry from the main house.

    Hope that answers your questions.

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  • Andrew Galambos
    Specialist · Los Angeles · Member since 2019 · 24 posts · 11 votes
    6y

    You need to have an architect do a site analysis for you (or try talking with LADBS directly). You are using confusing terminology, to keep things simple assume guest houses do not exist (there are some exceptions but you generally need to have a very large lot - I forget the exact number but it is definitely over 10k sf). Un-Permitted construction is looked at by the city as if it does not exist - you would need to prepare plans that show it as proposed construction and it would need to be built to today's code requirements, very likely this would require exposing some of the covered work. Most of the above information concerning ADU's/ JADU seems to be correct. Also you can have a rec room with a bathroom but no shower (unless there is a pool) and only a small bar sink but no gas hook up.

    My answer assume you are in the City of Los Angeles.

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