2nd illegal kitchen

[The Warrior Monk]

As some have noted, the client has to be contacted in order to determine how to proceed.

FWIW, many municipalities do care about additional units. One has to do with Health Department regulations. The other has to do with taxation...the assessor's office in many areas will tax on an illegal use if it means more taxes.

 

[CANative]

I don't see how San Diego can "get away" with this.

Here's are some snippets from the second unit law:

A local government may apply quantifiable, fixed and objective standards, such as height, setback,
and lot coverage requirements so the second-unit will be compatible with other structures in the
neighborhood. A local government may designate areas appropriate for second-units based on
criteria such as the adequacy of water and sewer services and the impact of second-units on traffic
flow. At the same time, a locality must adopt an ordinance with the intent of facilitating the
development of second-units in appropriate residential zones without arbitrary, excessive, or
burdensome provisions and requirements.
Under limited circumstances, a locality may prohibit the development of second-units in singlefamily
or multifamily zones (Government Code Section 65852.2(c)). This prohibition may only be
enacted if a locality adopts formal written findings based on substantial evidence identifying the
adverse impact of second-units on the public health, safety, and welfare and acknowledging such
action may limit housing opportunities in the region (Section 65852.2(c)). Prior to making
findings of specific adverse impact, the agency should explore feasible alternatives to mitigate and
avoid the impact. Written findings should also acknowledge efforts to adopt an ordinance
consistent with the intent of second-unit law.
A local government may also establish reasonable minimum and maximum unit size requirements
for both attached and detached second-units according to Government Code Section 65852.2(d).
Minimum and maximum unit sizes should be reasonable and should not arbitrarily and excessively
restrict the development of second-units. For example, a maximum unit size of 400 square feet
might be unduly restrictive on minimum lot sizes of 7,000 square feet, barring unusual
circumstances, and would restrict the development of second-units. Minimum unit sizes should
also uphold health and safety standards.

(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(C) The lot contains an existing single-family dwelling.
(D) The second unit is either attached to the existing dwelling and located within the living area
of the existing dwelling or detached from the existing dwelling and located on the same lot as the
existing dwelling.
(E) The increased floor area of an attached second unit shall not exceed 30 percent of the
existing living area.
(F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review,
fees, charges, and other zoning requirements generally applicable to residential construction in the
zone in which the property is located.
(H) Local building code requirements which apply to detached dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(2) No other local ordinance, policy, or regulation shall be the basis for the denial of a buildingpermit or a use permit under this subdivision.
(3) This subdivision establishes the maximum standards that local agencies shall use to evaluate
proposed second units on lots zoned for residential use which contain an existing single-family
dwelling.
No additional standards, other than those provided in this subdivision or subdivision (a), shall be
utilized or imposed, except that a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an owner-occupant.

(c) No local agency shall adopt an ordinance which totally precludes second units within singlefamily
or multifamily zoned areas unless the ordinance contains findings acknowledging that the
ordinance may limit housing opportunities of the region and further contains findings that specific
adverse impacts on the public health, safety, and welfare that would result from allowing second
units within single-family and multifamily zoned areas justify adopting the ordinance.

Here is a snippet from what Mike K. found...

(b) Within single family residential zones, a companion unit is allowed where the existing lot area is equal to or greater than two times the minimum lot area required for the zone

How many times do you encounter double lot properties in existing neighborhoods?

 

[Lloyd Bonafide]

I still don't like goverments telling people how many kitchens they can have. An illegal 2nd unit is an illegal 2nd unit, but a kitchen doesn't necessarily make a 2nd unit.

Their reasoning is that they do not want an illegal or bootlegged second unit in an area of all SFRs, and the City figures that if there is not a second kitchen, that a property owner will not be able to rent out a house as a duplex.

I have had similar situations, and if the appraiser states that the second kitchen is an illegal use, then the underwriter will very likely call for its' removal.

 

[Abester]

I want to raise horses in my 0.10 acre yard. I can pile the manure on the property line, next to my fighting chickens and 22 pit bulls. Oh, and I am going to put up a 250 foot cell tower for a little added income. I want to park 8 cars on my front lawn and rent the spare bedrooms out to 20 people.

There's folks around here that say go for it - if your spouse will let you. But, your spouse ain't the guvment.

Their reasoning

An illegal 2nd unit is just that. A second kitchen doesn't necessarily make a 2nd unit. Ask your Jewish or southern friends.

 

[Abester]

I want to raise horses in my 0.10 acre yard. I can pile the manure on the property line, next to my fighting chickens and 22 pit bulls. Oh, and I am going to put up a 250 foot cell tower for a little added income. I want to park 8 cars on my front lawn and rent the spare bedrooms out to 20 people.

Also, I don't think you've worked out the space requirements here. If you have one horse and 5 chickens, you can mix the manure and then compost to make a vertical garden work, or you can stack the cars on top of each other and cable them to the cell tower and garden in each trunk. If you just let the 20 stay in the room and not charge rent, they are just your guests (unless the government also tells you how many guest you are allowed to have). Then, your guests could tend your flock and garden to offset their carbon footprint at your place. You could put one chicken in each car and collect the eggs, but it would be wise to keep them away from the pit bulls - which everyone knows you can't stack in the cars because they might chew through the back and get in the gardens in the trunks. Of course, if you had one plot of medical marijuana, the whole thing might just take on a more positive glow.

 

[Terrel L. Shields]

Permits are not about safety.

amen. Government cannot do anything efficiently. Ditto for large corporations. Exxon (now Exxon-Mobil) was a client once upon a time, for the company I worked for. We were required to wear hardhats INSIDE our work trailer...and they finally relented and allowed us to take our safety glasses off INSIDE...It's darned hard to look in a microscope with them on.

Exxon preached safety. We had a safety meeting every day. We had a placard proclaiming our profuse love of safety at every stairway, every entry point, every blank wall on the drilling rig...and guess what?

I was never on an Exxon rig where someone did not get hurt bad. I mean things like crushed toes, smashed heads, cuts requiring stitches. Why? Because of moronic things like forcing hands to keep safety goggles on while working over hot steaming drilling fluids and having those glasses fogged over constantly...Every other rig let them wear wire mesh goggles but those didn't meet a splash test requirement of Exxon. The hands couldn't see which created a hazard far worse than the outside chance that drilling fluid would be splashed in your eyes out back over a pit full of fluid. Would you like to hold a large wrench (designed to be struck by a hammer) on a bolt while a roughneck attempted to whack it with an 8 # hammer and his glasses fogged over? Not me.

I have to agree. Permits are about raising money. When Hurricane Andrew blew houses down all over Florida, how many homes were exposed as lacking sufficient hurricane straps? insufficient number of nails? Gables that were sheetrock,not plywood covered? Thousands. Great job the permit police do? sure. Inspection? wink wink, here's a $50...we need this done fast (p.s.-please overlook our non-compliant items)
So they are screwing around over a second kitchen...or too many bedrooms (we get into it over that for the sizing of a septic field. How stupid is it to design a septic system based on bedrooms? Isn't the volume of water a heck of a lot more important?) I appraised a 2400 SF house once. It had 1 bedroom...and, a sitting room, a sewing room, a library, and an excercise room. hmmm. there were beds in all of them...and a 75' lateral to a 500 gal. septic tank because the lot wouldn't perk well enough and the lot was too small for longer laterals. Hence, it was 'designed' and labeled a one bedroom house. Woe to the buyer who thinks he got a 4 bedroom and woe to the Realtor who sold it as such and the Appraiser who appraises it as such.

 

[Webbed Feet]

When you guys get done raging against the establishment, just take note, none of your raging changes anything a real estate appraiser should be doing in these situations depending on the research information obtained out of the local J.A.

So rage away. But to be unbiased our politcal stands and our duties as real estate appraisers have to be kept separate.

 

[Abester]

Webbed, you are always right. I just like to interject from time to time that, just because a particular house doesn't meet the cookie cutter plan that the socialists want us to have, some people still see value in "unique" property that suits their purpose. Sometimes the things that constitute a red flag that make appraisers wet their underpants are not really red flags at all.

 

[Abester]

a real estate appraiser should be doing

An appraiser should be forming an opinion reflective of the market if he/she is seeking market value. It is the market's reaction to an amenity that is ultimately important as to what has value.

 

[CANative]

I was never on an Exxon rig where someone did not get hurt bad. I mean things like crushed toes, smashed heads, cuts requiring stitches. Why? Because of moronic things like forcing hands to keep safety goggles on while working over hot steaming drilling fluids and having those glasses fogged over constantly...Every other rig let them wear wire mesh goggles but those didn't meet a splash test requirement of Exxon. The hands couldn't see which created a hazard far worse than the outside chance that drilling fluid would be splashed in your eyes out back over a pit full of fluid. Would you like to hold a large wrench (designed to be struck by a hammer) on a bolt while a roughneck attempted to whack it with an 8 # hammer and his glasses fogged over? Not me.

Their insurance statisticians probably concluded that one case of drilling fluid blindness cost more than 20 smashed hands. I've had my hand smashed and it wasn't pleasant but I'd rather have it smashed every couple of years than being blinded.