Duplex Zoned for SFH (RS-1-7) in SD

[Luis Espinoza]

Hello! I'm look into a duplex in San Diego. When I pulled the county records, I noticed that the parcel is RS-1-7 zoning which from reading through the county municipal code is a zone for single dwelling units. I did some more research and learned about California's SB9 which from what I understood would make it possible for there to be a duplex in a parcel zoned for SFH.

The weird thing is that the duplex appears to have been built a LONG time ago and SB9 was just recently passed.

Does that mean the owner had an unpermitted duplex for years and it was recently legalized by the passing of SB9? Are there records that the owner would have needed to file with the county to register the duplex under SB9?

The current seller bought it in 2017 if that helps with anything. 

Thank you!

[Dan H.]

Are you sure it is a legal unit? I would check permits on the property. This would let you know if the additional unit is an ADU, a SB10 addition (very unlikely if done in 2017 as SB10 is newer than that), or an illegal unit.

I suspect it is an illegal unit.  Look as SB13 for the protections provided for illegal units (search for either "5" or "Five").

BTW I recently got tagged for various minor alleged unpermitted work.  City requires you to prove work was done prior to permit being required which is virtually impossible.  The beraucracy involved is crazy.  It is bad enough that I could easily do some dilbert like cartoons on my experience.  I would not with this on anyone.

Good luck