# A question regarding an apt in a garage



## No Soup for you (Oct 2, 2020)

I just CO'd a new house a few months ago with an attached garage with an attic and a pull down stair in the garage.

Went there on a complaint from a neighbor about them dumping debris on the neighbors property and I see a new exterior stair going up to the "attic" in the garage. 

I see new walls, plumbing vent thru the roof, wall wired for a kitchen, kitchen appliances in the garage etc... The owner tells me she is making an apartment for the help at their horse stable. So... I just get the plans from them today and the plans show an "office and exercise room" as the scope of work. They are also showing a Full bathroom with shower etc....

I know its going to be an apartment, they know its going to be an apartment, Can I legally not allow the bathroom? or at least not allow the shower? 

They are able to get a special permit for an accessory apartment but the local health department will make them expand the septic and I dont think they have the room for that.

Anyway, I probably will tell them no on the shower and see what happens.

Any thoughts from you guys?


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## fatboy (Oct 2, 2020)

Unless you have the authority via ordinance, I think you would be on shaky ground. Consult your legal eagles first............JMHO


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## cda (Oct 2, 2020)

No Soup for you said:


> I just CO'd a new house a few months ago with an attached garage with an attic and a pull down stair in the garage.
> 
> Went there on a complaint from a neighbor about them dumping debris on the neighbors property and I see a new exterior stair going up to the "attic" in the garage.
> 
> ...



Can you require a certificate of occupancy or similar??


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## cda (Oct 2, 2020)

Do your houses require garages?


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## ICE (Oct 2, 2020)

The question of is it legal is a planning department issue.  Here in California it is difficult to reject an ADU.  I have one coming up that is a second floor addition to a existing one story dwelling.


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## north star (Oct 3, 2020)

*& ~ &*

No Soup For You,

Are there any "approved" plans for this work ?
If not, can you issue a Stop Work Order until you,
...the Planning Dept. & the Legal Dept. figure out
what to do ?

*& ~ &*


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## steveray (Oct 5, 2020)

"NOT TO BE USED AS AN ADU" or "NO SLEEPING QUARTERS ALLOWED" and then cite the violation when they do it.....


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## No Soup for you (Oct 5, 2020)

Yes, We will require a certificate of occupancy for the "office/exercise room" above the garage. 

Our houses do not require a garage.

I like the "No Sleeping quarters allowed" I will write something like that when I CO the place.

I will consult our legal, Thanks


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## classicT (Oct 5, 2020)

steveray said:


> "NOT TO BE USED AS AN ADU" or "NO SLEEPING QUARTERS ALLOWED" and then cite the violation when they do it.....


When I have something like this, I can often find a few other corrections to write up on the plan review.

What I will do, is add an additional correction note that says "Please provide response acknowledging that the proposed **office and exercise room** shall not be used as an accessory apartment or other sleeping purpose."

When we issue a correction letter on a plan review, we require a response letter that either acknowledges a comment, or provides explanation of the corrective measure taken. From there, I save the correction letter and as soon as it becomes evident an apartment function has been established, I send the response letter and complaint to code enforcement.


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## cda (Oct 5, 2020)

classicT said:


> When I have something like this, I can often find a few other corrections to write up on the plan review.
> 
> What I will do, is add an additional correction note that says "Please provide response acknowledging that the proposed **office and exercise room** shall not be used as an accessory apartment or other sleeping purpose."
> 
> When we issue a correction letter on a plan review, we require a response letter that either acknowledges a comment, or provides explanation of the corrective measure taken. From there, I save the correction letter and as soon as it becomes evident an apartment function has been established, I send the response letter and complaint to code enforcement.


 

ok the real questions

How legally are they going to get into this attic office???

Will they have to access it from the garage or main house?

How are they going to achieve garage / house separation?

How do they get around garage open to house ?

How will they condition the space?

ETC????


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## classicT (Oct 5, 2020)

cda said:


> ok the real questions
> 
> How legally are they going to get into this attic office???
> 
> ...





No Soup for you said:


> I see a new exterior stair going up to the "attic" in the garage.


OP answered the egress question. The other items are expected to be shown on the plans I'm sure.


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## cda (Oct 5, 2020)

Ok

exterior stair going up to the "attic" in the garage.

Hit them on set back


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## ADAguy (Oct 6, 2020)

classicT said:


> OP answered the egress question. The other items are expected to be shown on the plans I'm sure.



Don't be so sure!


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