Duplex Zoned for SFH (RS-1-7) in SD
Hello! I'm look into a duplex in San Diego. When I pulled the county records, I noticed that the parcel is RS-1-7 zoning which from reading through the county municipal code is a zone for single dwelling units. I did some more research and learned about California's SB9 which from what I understood would make it possible for there to be a duplex in a parcel zoned for SFH.
The weird thing is that the duplex appears to have been built a LONG time ago and SB9 was just recently passed.
Does that mean the owner had an unpermitted duplex for years and it was recently legalized by the passing of SB9? Are there records that the owner would have needed to file with the county to register the duplex under SB9?
The current seller bought it in 2017 if that helps with anything.
Thank you!
Are you sure it is a legal unit? I would check permits on the property. This would let you know if the additional unit is an ADU, a SB10 addition (very unlikely if done in 2017 as SB10 is newer than that), or an illegal unit.
I suspect it is an illegal unit. Look as SB13 for the protections provided for illegal units (search for either "5" or "Five").
BTW I recently got tagged for various minor alleged unpermitted work. City requires you to prove work was done prior to permit being required which is virtually impossible. The beraucracy involved is crazy. It is bad enough that I could easily do some dilbert like cartoons on my experience. I would not with this on anyone.
Good luck
I would do as @Dan Heuschele says. If San Diego is anything like Los Angeles, then there are a lot of unpermitted structures/conversions, as well as legally nonconforming ones. From what you said, the property is nonconforming (meaning it doesn't conform to the current zoning code), but you should check to see if it is legally nonconforming. Legally nonconforming would mean it was built or converted legally, at the time, and the zoning originated or was changed after. Therefore, it was legal when it was done, but would not be legal if done now, based on current zoning.
Per your specific question, NO, the fact that SB9 was just enacted, does not automatically "legalize" the property. You would have to apply for permits from the city specifically under SB9, or you could get it legalized as an ADU. There was some type of amnesty when the ADU ordinances were first introduced, but I am not sure how they would handle a nonconforming ADU now. Check with the city, as Dan said.
Quote from @Luis Espinoza:
Hello! I'm look into a duplex in San Diego. When I pulled the county records, I noticed that the parcel is RS-1-7 zoning which from reading through the county municipal code is a zone for single dwelling units. I did some more research and learned about California's SB9 which from what I understood would make it possible for there to be a duplex in a parcel zoned for SFH.
The weird thing is that the duplex appears to have been built a LONG time ago and SB9 was just recently passed.
Does that mean the owner had an unpermitted duplex for years and it was recently legalized by the passing of SB9? Are there records that the owner would have needed to file with the county to register the duplex under SB9?
The current seller bought it in 2017 if that helps with anything.
Thank you!
It depends upon what is legally recorded with the city/county. Sounds like by it being RS1-7 it is the city of SD. Zoning and overlays can change overtime and it is possible to be grandfathered in. SB9 wouldn't be of use in evaluating if they were allowed to have built it. There is a possibility it could be an ADU, but hard to say without knowing the address and seeing the whole picture.
Hope this helps.
Cheers
@Luis Espinoza I see this often in San Diego. A lot of the times the multi units in the pre-dates the SFH zoning and therefore grandfathered. The tax, public and/or assessor records will have a unit count and recorded sqft. That would be where I would first look to confirm, you can also pull permits from the too. I have also seen additions pre-date known permits if the property is over 100 years old.
Thank you all for the advice on this topic. I wanted to provide an update.
I confirmed with the zoning department that the parcel is for a single dewlling unit. They could not find a building permit for the second unit (they could only check back to 1980), only a few electrical permits and plumbing permits. They pointed me to the records department who can check for permits before 1980 but that has to be done in-person and the next available appointment is not until May 15th.
Next I went to the assessor's office to get a residential building permit record but found out that it can only be given to the owner. We have reached out to the owner asking for the building permit but still no response.
I will not be proceeding with an offer until I hear back about the building permit for the second unit.
This has been a great lesson on San Diego zoning and building permits!