Rezoning from R1 to R2

8 Replies

Hello everyone,

I am in the process of purchasing a 3bd/2ba with a detached 1bd/ba. However, the 1bd/1ba was not permitted.  I would appreciate any feedback on the process of having a property rezoned from R1 to R2. I contacted the city and have a full understanding of how to have it permitted, it is just the zoning that concerns me.  Thanks in advance, Aaron.  

YIKES!  THAT sucks!  I can't help except to bump up the thread in hopes that someone else will answer this next go around.  Good luck!!!

I don't know your area, but I just rezoned a property here in MN. There are only a few reasons most municipalities will do it. Error, important need for the public good, etc. You might have a hard time convincing them that buying a property with an unpermitted building meets the criteria. Mine was a pretty easy process, but we had a public need issue, with no other available properties.  Can you subdivide the lot instead, and have 2 R1's? Is the current use allowed under a conditional use permit in the R1 zone? Good luck

It's not clear from the post but I'm assuming the property is in Temecula. I don't know what their specific zoning laws are but California is pushing to make it easier to have in law units sometimes called ADU for accessory dwelling units. That may be an easier process to legalize the unit. Depending on the city and inspector you may need to have drawings made and open up walls but at least it will be legal.

Is your goal to sell off the 1/1? Rent it to long term tenants? Short term rentals? Some cities only let you rent out the in law if the main house is owner occupied.

Has there been a complaint or city hassling you or you just want the peace of mind of everything being legal?

I would call the planning department and ask for advice but if they don't know about it maybe don't give the actual address

Aaron, I can definitely help steer you in the right direction. For starters you need to determine if the property is city or county. From there contact the respective planning department and ask about processing a parcel map for your property. California has a subdivision map act that governs subdividing land which is what you are looking to do (I believe). It seems your goal is to create a legally conveyable parcel for the second property - a sound strategy by the way.

A parcel map covers up to 5 lots after which you would need to process a tentative map. The problem is the costs are relativity in line. To develop a parcel map you need to work with an engineer and then take the map through the city county for approval.

Lots of time and road blocks but I would be more than happy to give you some guidance. Reach out with any questions.

The adu are being pushed forward I would rather do that route should be easier if you city/ county is on board.SB 1069

Kyle,

Thanks for the information.  Do you currently live in Temecula? 

Jo-Ann, 

ADU is the exact route I am going to take. I have been speaking with the planning board. I forgot to post earlier, the property is actually in Escondido, CA.

What are the chances of pushing through an ADU (converting existing detached structure) on & 7,700 sqft lot? Are planning dept's lenient if it's under 8,500 sqft or does anyone know if that's a hard rule?

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