Highland Park - ADU on R1 zone with duplex built in 1924

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Highland Park - ADU on R1 zone with duplex built in 1924

Christian Dulu
Los Angeles, CA · Member since 2020 · 5 posts · 1 vote

Hi everyone,

I just recently purchased a duplex in Highland Park, and will be owner-occupying one of the units. I learned that out back, the previous owner had some sort of unit that was torn down in the last year or so, and a shed erected in its place. However, where the unit used to be, there is a concrete slab, with electric, water and sewage hookups. I also discovered there was a third electric meter which had a 1/2 address attached to it, and confirmed by LADWP. 

I assume that the previous owner had to tear down his unit because it was unpermitted, but it seems like the basic infrastructure is there to support an ADU. However, I'm not sure whether I would be able to legally build an ADU out back, because from what I've read, you can only build an ADU on land that is zoned R1, with a Single Family Home. I assume that the duplex was grandfathered into the current zone, as it was built in 1924.

I feel my situation is some sort of edge case, so I'm wondering if anyone has any insight or tips on whether this is possible, or even somewhere I can start. My sticking point is nowhere in the regulations does it mention anything about building an ADU on an R1-1 zone with an existing duplex. Could my duplex be regarded as a SFH for zoning Any help would be much appreciated!

Christian

1Reply
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Most Popular Reply

Sebastian MarroquinPro Member
Real Estate Agent · Pasadena, CA · Member since 2015 · 476 posts · 263 votes
5y

My humble suggestion: 

Do not try to get the info by yourself... why do so if you don't have to. 

Simply call the city (google : building and safety: even if you don't know what dept. to start with ... they will guide you to the 'next dept. that can answer some questions: then ask that dept. (what other dept. do you suggest i talk to next: and ask them to transfer you). 

but since we are here :) 

1. Call building dept. : ask them your questions 

2. Call zoning dept (within building and safety) : they will look up your address and will let you know what you can do and cannot do. Sometimes they won't give you what you need : so ask them for your specific zoning - they will give it to you. 

Then ask them what can I build? they will tell you. 

Then let them know what structures you have and ask them if you can build an ADU or a JR ADU? They will tell you.

Then ask to speak to fire dept. for the same reason: and then to public works: they will tell you. 

sometimes they will say: in theory you could do what you say you want to do, but you need to submit a formal request in planning and building with a drafter and or architect: 

at that point you will have to decide if its cost effective to do so. Let me know: I have some people that can help! 

PM me your address and I can look it up if you like . 

I guess I can look it up with your name... but I'll let you decide if you want to go that route :) 

Also let me know if you need help with the construction side: I have some great people for the full project from A to Z! 

Let me know if you have any questions 

Sebastian 

4Reply
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  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    5y

    I'm not sure what info you are looking at, but as of Jan 2020 the State opened up ADU to multi-family and mixed use developments. So you may want to take a look at the new rules and see if an ADU makes sense.

    1Reply
  • Christian Dulu
    OP
    Los Angeles, CA · Member since 2020 · 5 posts · 1 vote
    5y

    Thanks for the heads-up Matt! I guess I was reading outdated sources, and maybe I was using the wrong search terms.

    I did a more specific Google search with ADU and multifamily (rather than ADU and duplex). I found this PDF - Section 65852.2 of the Government Code Amendment and noticed this change:

    65852.2.

    (D)(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing single-family dwelling.

    Looks like they removed the requirement for the existing structure to be a single-family dwelling.

    Just skimming through the actual code here: ARTICLE 2. Adoption of Regulations [65850 - 65863.13] seems to confirm it

    There's soooo much information out there, it's hard to know which are the current. I will have to keep digging and continue with my homework.

    0Reply
  • Christian Dulu
    OP
    Los Angeles, CA · Member since 2020 · 5 posts · 1 vote
    5y

    I checked out this planning document Implementation of 2019 Accessory Dwelling Unit Ordinance and checked out the relevant codes for Detached ADU Options->Two ADUs per State Law.

    I saw this - according to CA Govt. Code 65852.2(e)(1)(D) - "Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks."

    Does this mean that since there is already a duplex on the property, I can add two ADUs, despite it being zoned R1? The code regarding zoning and ADUs seems vague - 65852.2(a)(1)(D)(ii) - "The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling."

    Also LAMC 12.22 isn't clear either - the closest I see is (A)(33)(c)(1) - "Comply with all applicable objective provisions required pursuant to Chapter 1 of this Code, including provisions stated in the underlying applicable zone and height district, Specific Plan, Historic Preservation Overlay Zone, Community Planning Implementation Overlay and other applicable zoning ordinances, policies or other documents established pursuant to Chapter 1, Article 3 of this Code."

    Would appreciate any insight to this,

    0Reply
  • Sebastian MarroquinPro Member
    Real Estate Agent · Pasadena, CA · Member since 2015 · 476 posts · 263 votes
    5y

    My humble suggestion: 

    Do not try to get the info by yourself... why do so if you don't have to. 

    Simply call the city (google : building and safety: even if you don't know what dept. to start with ... they will guide you to the 'next dept. that can answer some questions: then ask that dept. (what other dept. do you suggest i talk to next: and ask them to transfer you). 

    but since we are here :) 

    1. Call building dept. : ask them your questions 

    2. Call zoning dept (within building and safety) : they will look up your address and will let you know what you can do and cannot do. Sometimes they won't give you what you need : so ask them for your specific zoning - they will give it to you. 

    Then ask them what can I build? they will tell you. 

    Then let them know what structures you have and ask them if you can build an ADU or a JR ADU? They will tell you.

    Then ask to speak to fire dept. for the same reason: and then to public works: they will tell you. 

    sometimes they will say: in theory you could do what you say you want to do, but you need to submit a formal request in planning and building with a drafter and or architect: 

    at that point you will have to decide if its cost effective to do so. Let me know: I have some people that can help! 

    PM me your address and I can look it up if you like . 

    I guess I can look it up with your name... but I'll let you decide if you want to go that route :) 

    Also let me know if you need help with the construction side: I have some great people for the full project from A to Z! 

    Let me know if you have any questions 

    Sebastian 

    4Reply
  • Christian Dulu
    OP
    Los Angeles, CA · Member since 2020 · 5 posts · 1 vote
    5y

    Thank you so much for your advice Sebastian! Sent you a private message!

    0Reply
  • Samuel Pavlovcik
    Architect · Chicago, IL · Member since 2020 · 214 posts · 236 votes
    5y

    @Christian Dulu Based on the code excerpts you provided I assume this property is in CA is that correct? I wanted to double check as I am an Architect in IL and have personally dealt with the Highland Park Zoning Department here in IL and would have been able to provide you with some insight...

    0Reply
  • Christian Dulu
    OP
    Los Angeles, CA · Member since 2020 · 5 posts · 1 vote
    5y

    Hi @Samuel Pavlovcik, yes this is in Highland Park, Los Angeles,CA

    0Reply
  • Emmy Wang
    Member since 2019 · 11 posts · 0 votes
    5y

    @Christian Dulu

    Hi Christian,

    I'm in a similar situation (property in Lincoln heights, duplex with R1 zoning) awaiting city to approve my ADU plan. Hopefully I can give you an update soon.

    0Reply
  • Tony Luong
    Member since 2018 · 9 posts · 2 votes
    5y

    Hi Christian,

    I'm in the same situation as you. I just closed on my first house/duplex in Highland Park 3 weeks ago. I was built in 1924 as well. It's zoned R-1 but the assessors use code is for a duplex. From what my realtor told me is that a lot of houses are used/grandfathered in this way before zoning. I asked my realtor if it burned down would I be able to build it back as a duplex and he said yes. 

    My interests/questions now lies in the home refinance and appraisals. I bought this house using an FHA loan so I'm paying PMI. I'm currently renovating both units. I heard appraisers use sales comparison to value the property. I've noticed in our area there are more single family houses sold than multi unit houses. There are single families that have ADU's, is that a comp? or is the appraiser only going to look at multi unit homes for comps?

    So many unknowns for me regarding that situation right now. I hope some of that helped you and someone would be able to answer my question too. 

    0Reply
  • Brendan Cronshaw
    Homeowner · Los Angeles · Member since 2019 · 4 posts · 0 votes
    5y

    @Tony Luong We're in the same boat. We have grandfathered duplex here in Highland Park, which is also zoned R1-1. We thought it would be a no-brainer to have it comped to SFH+ADUs in the area since the front house (3bd/2ba) is 3x the size of the back house (1ba/1ba), and the property has a pool, but after multiple appraisals they've all comped against other duplexes or "two on a lot" properties and the value just hasn't been anywhere close to a SFH+ADU. In our conversations with agents (and an appraiser I wish I could use) it is clear this property should be viewed as, and would be viewed by buyers, as a single family home with ADU since the dwellings are detached, very different in size/bed-bath count, property has a pool, is surrounded by other SFHs, etc., and that the value is similar. I definitely agree with them given the physical and functional characteristics of the property. Some have suggested it will be more valuable as a duplex but I disagree (and the appraisals bear that out) so I am leaning toward trying to get the assessor to change the use code to make the property conforming. We'll see how it goes. It's just crazy that this property would be more valuable, in the appraiser's eyes, if we tore down the back house. Even 2-bed/1-bath properties are selling for more than the most recent appraisal we got...

    0Reply
  • Tony Luong
    Member since 2018 · 9 posts · 2 votes
    5y

    @Brendan Cronshaw Sorry for the late reply. I really should be on here more often. You're right, our situations are identical. The only difference is that your property is bigger. I have a detached 1bd/1ba in the front and a 2bd/1ba in the back. I bought this duplex and the back unit had fire damage that only affected the roof. I just replaced it too. My realtor was telling me the same thing that it would be more valuable as a duplex than a single family. Nothing supported that statement, I could clearly see that single family houses + ADU's were more valuable than duplexes. Please keep me updated on how your journey on making your property conforming goes.

    0Reply
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