Randolph Kinney: "I believe you are confusing zoning code and what is allows for land use versus building codes and permits for construction.
Not having a permit is not an illegal use of the land as allowed by zoning."
______________________________
Your code contradicts your assertion. A violation is a violation - criteria in bold below
If a permit, when needed, is not obtained before construction, you have violated city codes and regulations; you'll be subject to fines and penalties. You'll be
required to obtain permits for the work and it must pass inspection,
or you'll have to return the structure or site to its original condition.
"According to San Diego, what if I don't get a permit?It is clear the concern is over health and safety issues. You
can build and after the fact get a permit and it is done here all the time.
_______________________________________________________________
R- the code you posted does not say that. It says "you have violated etc.".:icon_idea:
I suggest that "it's done here all the time" simply condones illegal actions of those who
ARE required to obtain permits PRIOR to construction or renovation/expansion/conversion of garages into GLA/"Granny Units"...
OR face fines (civil violations of law) and possibly be forced to remove illegal improvements, if not, then certainly OBTAIN C.O. in event the improvement meets Building Code.
RE: "confusion" I believe you will find the Building Code is contained WITHIN the Zoning Law and is NOT separate. Illegal Improvement Use is Illegal Use of the SITE.
see http://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division01.pdf
"If you built something that does violate land use, there will be no way to get a permit and the only resolution is to remove the structure."
See above. The Code you posted doesnt say "removal" is ONLY remedy.
The code you posted does not immediately require REMOVAL. Remedy includes paying fine, applying for & obtaining a BP, Site inspection by the Code Enforcement Officer, and Issuance of a C. of O.
I suggest attempting to divorce improvements which are permanently attached to the Site which are ILLEGAL and render Use of the Site as Illegal under that Code is not based on the Code. Nor is it accurate. The Site is the land AND any permanently affixed improvements.
"According to San Diego, what about zoning?My bold. It is the type of building and its use that violates the zoning code and constitutes an illegal use of the land."
Legal, and/or Legal, Non-Conforming, Pre-existing, Residential Use within a Residential Zone is not the issued. I suggest ILLEGAL Residential Use absent the required BP and C.of O. is .........again....
"as-is", as of the Effective Date of Appraisal.
Refer to the last quote posted below from the CODE itself >>>>>>
Zoning and Land Use
The San Diego
Municipal Code Land Development Code regulates the use and development of land throughout the city of San Diego.
The uses which can be permitted on your property depend on the zone designation. To determine the uses permitted in a particular zone, please contact the
Development Services Department at (619) 446-5000. The following are issues routinely requested to be investigated by Neighborhood Code Compliance Land Development Investigators:
Garage Conversions
Did you know...
- that garages were built to provide required off-street parking?
- generally, dwellings require off-street parking spaces behind the required front/street yard? (Unless the garage was converted prior to 1992 and alternative parking is not available)
- you may be able to legalize your garage conversion provided you can replace required parking eliminated by the conversion?
- garages observing less than the required side or rear yard cannot be converted to living purposes unless a zoning variance or special permit has been obtained?
Permits
A garage conversion requires a permit. 
Take the time to research the
regulations and consult with City staff, and you can avoid costly mistakes and
penalties.
Basic requirements for habitable rooms:
- habitable rooms within a dwelling unit are required to receive natural light; at least 10% of the floor square footage, and a minimum of 10 square feet
- habitable rooms must have natural ventilation; at least 1/20 of the floor space or a minimum of 5 square feet
- rooms used for sleeping must have an escape or rescue window with a minimum opening of 5.7 square feet and (if the opening is a window) a finished sill height not more than 44 inches above the floor
- ceiling heights in habitable space must be a minimum 7'6" (there are a few exceptions)
- habitable rooms must be provided with heating facilities capable of maintaining room temperature at 70 degrees at a point 3 feet above the floor
- smoke detection device must be installed in: the room/space if it is a bedroom; a corridor leading to a bedroom; on each story; and rooms with a change of ceiling height of 24" or more.
- gas water heaters require permits and generally cannot be placed in this room/space if it is a bedroom
- at least one wall-controlled light switch must be installed in the room/space
- electrical wall outlets must be spaced so that no point along the floor line is more than 6 feet from an outlet (for living rooms and bedrooms)
- under no circumstances shall a private garage have any opening into a room used for sleeping purposes
- :icon_idea:
