Plan Check Advocacy

Most designers draw what the planner asks for. I check whether the planner is right.

When a city issues a correction the code does not support, I say so in writing and push it up the chain until someone with authority answers. Clients rarely see that work. It is why the answer is usually yes.

Reference Scope
Gov. Code 66314 · Gov. Code 66323(a)(1) and (b) · HCD ADU Handbook · State ADU law

A correction is a claim, not a verdict

When the city issues a plan check correction, I read the code myself. Not the summary, not what the counter told you, the section. Most corrections are right, and those get fixed and resubmitted the same week.

When a correction is wrong, I show you the section that says so, put it in writing to the city, and request a formal determination if the planner will not move. If the city still will not follow state law, I take it to the California Department of Housing and Community Development. HCD has sided with my clients and put it in writing to the city. HCD’s letters to the City of Glendale and the City of Los Angeles came from my complaints.

A client hired me because I handed her the code references proving what the planner had told her was wrong. That is the job. The drawings are the part everyone else can also do.

I am the person I would want to hire if I were putting my trust in a designer.

1,500+ projects since 2015 across Los Angeles County, in nearly every city and jurisdiction in it. I have read a lot of correction letters. I know which ones hold up.

Up the chain, in order

Each step only happens if the one before it fails. Most disputes end at the first or second.

I

Read the code

Every correction gets checked against the municipal code, the state statute it rests on, and the HCD ADU Handbook. If it holds up, we fix it. If it does not, we do not.

II

Respond in writing

A written response to the city citing the section that controls. Verbal disagreements disappear. A letter in the file does not.

III

Request a determination

If the plan checker will not move, I request a formal determination from the Planning Director, Building Official, or the process the city's own code provides. That forces a decision with a name on it.

IV

Go to the State

When a city will not follow state housing law, I file with the California Department of Housing and Community Development. HCD reviews the city's position and puts its finding in writing.

Three corrections, three answers

Details changed to protect the clients. The code sections are real.

01

The city said

Replace the parking you lost when the garage became an ADU.

State law says a city may not require replacement parking when a garage is converted to an ADU (Gov. Code 66314). The city tried to get there through a different section of its own code, triggered by the house rebuild, but the requirement only existed because of the ADU conversion. Same requirement, different door.

What I did: put both statutes in writing, requested the formal determination the city's own code provides, and filed with HCD.

02

The city said

Add architectural features, shutters, screening, and private open space to the garage conversion.

An ADU created inside an existing structure is exempt from local design and development standards (Gov. Code 66323(a)(1) and (b)). The city can enforce building, fire, and health and safety code. It cannot enforce taste.

What I did: marked every design item not applicable, cited the statute and the HCD handbook for each, and asked the city to identify a code basis for each item or withdraw it.

03

The utility said

Demolish five feet of the existing building before we will clear the permit.

A utility clearance was being used to block a legalization the state expressly allows, based on an unwritten access policy and a 1923 grant with no recorded width. Under state ADU law, a utility that has to sign off on a permit is a permitting agency and is bound by the same rules as the city.

What I did: offered a recorded access covenant, was refused in writing, and filed with HCD. HCD issued a letter to the utility and the building department finding that the policy could not block the project.

None of this replaces a clean plan set. Most projects never need step two. But when a city gets it wrong, the difference between a designer who reads the code and one who does not is the difference between your project and no project.

You hear about it the day it happens

The timeline in your proposal assumes the city agrees with the plans as submitted. If the city issues a correction I believe is wrong, you get one paragraph that same day: what the city said, why I disagree, what I am doing about it, and what it does to the schedule.

Everything else on the project keeps moving. You get their answer the day I have it.

Example update

Hi,

Quick update. The City has issued a correction requiring a five-foot side setback on the ADU. I do not agree, because state law caps ADU side and rear setbacks at four feet. I am responding in writing and requesting a formal determination, and expect their answer within two weeks. The plans are on hold on this one item; everything else continues. I will send you their response the day I have it. If you have questions before then, call me.

Thank you,
Nathan

Sometimes I give away the answer and lose the work. I once walked an owner through exactly how to do a lot split in his city and watched him take it to someone cheaper.

That is fine. The ten clients who sign after that get the same thing he got, and they get me on the phone with the city when it matters.

Common questions

What should I do when the city rejects my ADU plans?

Bring me the correction letter. Most corrections are right, and those get fixed and resubmitted the same week. When a correction is wrong, I show you the section that says so, put it in writing to the city, and request a formal determination if the planner will not move.

Can a city require replacement parking when a garage is converted to an ADU?

No. State law says a city may not require replacement parking when a garage is converted to an ADU (Gov. Code 66314).

Which design standards can a city enforce on a garage conversion?

An ADU created inside an existing structure is exempt from local design and development standards (Gov. Code 66323(a)(1) and (b)). The city can enforce building, fire, and health and safety code. It cannot enforce taste.

Can a utility hold up an ADU permit?

Under state ADU law, a utility that has to sign off on a permit is a permitting agency and is bound by the same rules as the city.

What happens when a city will not follow state ADU law?

I file with the California Department of Housing and Community Development. HCD reviews the city’s position and puts its finding in writing.

Will I know when a correction is in dispute?

Yes. If the city issues a correction I believe is wrong, you get one paragraph that same day: what the city said, why I disagree, what I am doing about it, and what it does to the schedule. Everything else on the project keeps moving.

Get Started

Bring me the correction letter

If your project is stalled on a correction you think is wrong, send it over. The first look is free, and I will tell you straight whether the city has a point.