California Statewide Rule
California ADU Law Protects Garage Conversions to Living Space
Key Facts
- Statute
- Gov Code 66310 et seq.
- Replacement parking
- Not required
- Setback
- None for conversions
- Approval
- Ministerial 60 days
Summary
California ADU law, Government Code 66310 et seq. (formerly 65852.2), expressly authorizes converting an existing garage into an ADU, with no replacement parking allowed and ministerial approval required.
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
Full Breakdown
California ADU law requires cities to ministerially approve conversion of existing garages, carports, or other accessory structures into ADUs. Replacement parking cannot be required when a garage is converted. No additional setback may be imposed on a converted existing structure; the four-foot side and rear limit applies to newly built ADUs. Owners may add up to 150 square feet for ingress and egress. The conversion qualifies for the same 60-day ministerial review and statewide HCD oversight as new ADUs. The ADU statutes were renumbered to Government Code sections 66310 through 66342 in 2024.
Violations & Penalties
Local denials inconsistent with state law are unenforceable; HCD may invalidate local ordinances and applicants may sue for fees.
Frequently Asked Questions
Do I need to add a new garage if I convert mine?
Can the city require a special use permit for the conversion?
Sources
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