Resolving Code Violation in San Diego - Illegal Addition

[Kendra Allred]

Dealing with a property that has code violations resulting from the build of an illegal addition. To remedy the issue the addition will have to be removed as the lot is small and does not pass the set back allowances required to add to the floor plan. When resolving these issues do I have to use a city provided and approved contractor for demolition or can I just have my contractor complete the work? 

[Dan H.]

Originally posted by @Kendra Allred:

Dealing with a property that has code violations resulting from the build of an illegal addition. To remedy the issue the addition will have to be removed as the lot is small and does not pass the set back allowances required to add to the floor plan. When resolving these issues do I have to use a city provided and approved contractor for demolition or can I just have my contractor complete the work? 

Is this in San Diego?  If not in San Diego, is it in CA?  Who told you the addition would have to be removed?  

There are 6 CA ADU regulations. Included in those 6 ADU regulations is a minimum statewide set back requirement of only 4' (that is the most a jurisdiction can require of a JADU/ADU) and a provision that indicates that unpermitted work can be converted to ADU by only addressing safety items on existing construction. Of course new construction would be expected to be at code.

So this is what I would do:

• Learn the 6 CA ADU regulations to some extent: AB68 (this one may be most important because I assume your addition is attached), AB881, SB13, AB587, AB670, AB671.
• After learning the 6 ADU regulations at a high level, I would determine if the JADU/ADU option is the best option for you. This includes determining if it is something you desire, can actually abide by the generous regulations, and the costs.
• I would think a tear down would be the last resort.

JADU must have its own entrance.  An entrance and a kitchenette and you may be virtually there.  If I remember correctly it can share bathroom with existing unit.

Good luck