Duplex Legal Description Question

[Kenan Heppe]

Hey BP World!

I have a duplex, which consists of two detached units, as well as a detached garage. On ZIMAS, though, one can see my property is zoned LAR1. However, it’s assessed as a multi-family (duplex). 

The main house was made in 1921. The second house in the 1930s or 40s. In the appraisal, it’s shown as “legal non-conforming,” which implies it used to be zoned properly, but now it’s not. 

My question is, is it right to describe the property as a duplex? Is it a “legal duplex”? Is it a “legal non-conforming duplex”? What’s the best, legal description? 

Calling it a single family home isn’t right. It has two separate addresses, and two certificates of occupancy.

Originally, I was hoping to do a garage ADU conversion. But I think I won't be able to, because it's LAR1, and I technically already have a second unit built? Would my second unit, as far as zoning is concerned, be considered my "ADU"?

Thanks!

[Brad S.]

Do you know when the 2nd unit was built?
Have you checked for any permits for the 2nd unit? I would think there would be some relatively recent permits, in order for the 2nd unit to have a separate address. Did it already have 2 addresses when you purchased it? A second address doesn't make the property a duplex. ADU's require 2nd addresses, I believe. Have you checked with the planning dept and asked them yet?

Technically, with the R1 zoning you can have 1 ADU and 1 JADU (if the property is owner occupied), but you may be able to use SB9 (Senate Bill 9) to have 2 units on an SFR zoned lot and, depending on if LA allows it, an ADU for 1 or both dwellings. Check with LA to see if they allow an ADU with 1 or both of the units with SB9.

Also, don't confuse the Use Code with legal use or zoning. the use code is determined by the Assessor and the legal use and zoning is determined by the planning dept. I used to be a Deputy Assessor and we were taught to note what we saw in our onsite inspection, whether legal or not, so some records may show a duplex, when it might be an sfr with an illegal conversion or building. I remember many years ago, I inspected an R1 lot which had a main house, rear unit with commercial offices above, so I noted all the units on my inspection paperwork. So, on record it might show a mixed use, even though it was an illegal use. Bottomline, always go directly to the planning dept to verify the legal use of the property and to make sure what is there is legally able to be there.