A correction the code did not support, withdrawn after HCD weighed in

Where

Gardena, single-family lot.

The project

Convert an existing garage and attached rumpus room, about 460 square feet, into an ADU without expanding the building.

What the city said

In May 2026, planning comments required the structure to meet four-foot rear setbacks and building-separation standards under the city’s ADU ordinance. The reason was the building’s permit history: a 1963 permit for the rumpus room had expired in 1976 without completion, and the area on that old permit did not match the plans. By June the city’s position was that the room first had to comply with current accessory-structure standards before it could be converted. In practice that meant moving or rebuilding the structure, and the owner was told a redesign and rebuild looked like the only route.

What we did

We separated two questions the city had combined: whether the building physically exists, and whether its permit history is complete. State law allows an existing accessory structure to be converted to an ADU (Government Code section 66323(a)(1)) and limits the local standards a city can add; the city’s own ordinance has conversion provisions and limits on denying a project for nonconforming conditions. We supplied assessor records showing the room’s age, asked the project team to hold the rebuild conclusion, and requested technical assistance from HCD in June.

Outcome

In August 2026, HCD responded that the city’s requirement that an existing structure be permitted in order to qualify for conversion was incorrect, citing Government Code section 66322(b) and its health and safety conditions. We sent that response to the planner. Later that month the planner approved planning review and wrote that the disputed comment could be disregarded. The building package was resubmitted in September, on October 21 the plan review came back complete with no further comments, and the building permit has issued.

Status as of October 2026

Building permit issued.

What it shows

The correction read like a code requirement. It was an interpretation. Answering it in writing with the section that controls, and taking it to the State when the city held its position, kept the owner on the conversion route instead of a demolition and rebuild. See the garage conversion service page →

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