IMPACT ON HBU OF A N.P.'d 2ND UNIT

[ZZGAMAZZ]

The Subject Is A Property That Is Zoned For SFR (located In Long Beach, Ca) Includes A Detached Garage Converted Without Building Permits Into A Full 2nd Unit With Bed/living/bath/ Kit.

Zoning Does Not Permit A 2nd Unit.

The Permit-vs-nonpermit Conundrum Notwithstanding: Do The Current Improvements Affect The Legally Permissible Component Of HBU?

I Realize That The Remaining 3 Tests Still Apply And That HBU Might Be As Improved, Legality Of The 2nd Unit Notwithstanding.

 

[hastalavista]

ZZ-

Not sure where this line if inquiry may be taking you.

HBU sounds like residential, one-unit.

The non-permitted/illegal garage conversion does not change the HBU of the subject (theoretically or as-improved). It does affect the zoning compliance of the subject.

 

[Fred]

HBU sounds like residential, one-unit.

The non-permitted/illegal garage conversion does not change the HBU of the subject (theoretically or as-improved). It does affect the zoning compliance of the subject.

The HBU as-if-vacant is one unit, and the "illegal" garage does not affect the HBU as-if-vacant. I have a feeling he is asking about as-improved HBU.

Through the other "tests," you will have to assess the risk of non-conformity in terms of the chances of fine or forced teardown, as preliminary steps to quantifying the affect non-conformity has on marketability and value.

 

[Mike Kennedy]

"Illegal is as Illegal Does"

In markets where building & zoning Ordinances exist, it also impacts marketability, transferrability, insurability, and may, in all markets, pose health & safety hazards. Confirm and report the "Accurate Description of the Subject" with Valuation Subject to curing violation via C.O. or Removal.

 

[Mike Kennedy]

DUPLICATE THREAD

http://appraisersforum.com/showthread.php?t=131235

 

[Brad Ellis]

ZZ,

Just a thought- CA may have some sort of law regarding illegal second units in high density areas that may override the local municipality's statutes.

Do see if you can find that.

I have not seen it but, strangely, it was a building guy from Long Beach who told me about it a few years ago while we were speaking about an historic property in that town.

Brad

 

[CCAAMO]

The Subject Is A Property That Is Zoned For SFR (located In Long Beach, Ca) Includes A Detached Garage Converted Without Building Permits Into A Full 2nd Unit With Bed/living/bath/ Kit.

Zoning Does Not Permit A 2nd Unit.

The Permit-vs-nonpermit Conundrum Notwithstanding: Do The Current Improvements Affect The Legally Permissible Component Of HBU?

I Realize That The Remaining 3 Tests Still Apply And That HBU Might Be As Improved, Legality Of The 2nd Unit Notwithstanding.

You can not appraise it as a duplex, it is a single family home with an illegal garage convertion. The appraiser should not that the garage has illegally been converted to a rental unit and the appraisal should be subject to reconvertion to a garage.

Theres really not much to think about.
m2:

 

[CCAAMO]

ZZ,

Just a thought- CA may have some sort of law regarding illegal second units in high density areas that may override the local municipality's statutes.

Do see if you can find that.

I have not seen it but, strangely, it was a building guy from Long Beach who told me about it a few years ago while we were speaking about an historic property in that town.

Brad

Brad, there is no such law in Californa.

 

[Jimmy L Kim]

Mr. Brad Ellis is right.
There is such a law(State Assembly Bill 1866) that was passed on Sept of 2002(I think). The intent, I believe, was to provide more affordable rental units. This bill supercedes all local zoning ordinants. I've spoken to planning and zoning departments in various cities in SoCal and each city has their own requirements/conditions but second units are permitted.

See attached link for City of Los Angeles.



From my experience, not too many people are aware of this bill, even contractors. Otherwise, there would have been building frenzy in many parts of the SoCal area.

P.S.

this is my first(maybe second) post but I would like to thank many people on this board for their wisdom and expertise. I've learned so much which in turn has made my work much better.

 

[CCAAMO]

Mr. Brad Ellis is right.
There is such a law(State Assembly Bill 1866) that was passed on Sept of 2002(I think). The intent, I believe, was to provide more affordable rental units. This bill supercedes all local zoning ordinants. I've spoken to planning and zoning departments in various cities in SoCal and each city has their own requirements/conditions but second units are permitted.

See attached link for City of Los Angeles.



From my experience, not too many people are aware of this bill, even contractors. Otherwise, there would have been building frenzy in many parts of the SoCal area.

P.S.

this is my first(maybe second) post but I would like to thank many people on this board for their wisdom and expertise. I've learned so much which in turn has made my work much better.

Jimmy, the bill allows cities to issue permits for 2nd units on R1 zoned lots provided they meet all the city codes, requirements and conditions. It does not force the cities to alow second units on single family zoned lots.

The 2nd unit must sill have approval from the building department including building permits, adequate parking etc. You just cannot convert the garage to a unit and then cite Asseble Bill 1866.

So if the garage convertion to a second unit is legal, there will be permits for it at the Long Beach City Building Department. If there are no permits then it is an illegal convertion.
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