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Updated over 4 years ago,

User Stats

8
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1
Votes
David Gutierrez
1
Votes |
8
Posts

Buena Park ADU permit issues

David Gutierrez
Posted

Hello everyone

I purchased a property in Buena Park with two units.  A 2 bdrm/1 bath and a 1/1 on a zoned Multifamily lot.  

The second unit has its own USPS address, gas, electric meters but the city is unable to find  permit for it.  The previous owners purchased the property with that unit in place and are unaware of permit issues, so its estimated to be over 20 years old.

My goal is to add TWO ADUs to the property.  In order to do this, I need the city to officially consider the second unit as a second house / duplex.

I am working with the city planner to try and find the permit..but I was hoping for any thoughts or ideas from the BP community on how to attack this issue.

Can you get an address and meters for an illegal property?  

Is there a difference in getting the second unit permitted as a second main house as opposed to an ADU?

I found a recent law in california that appears to allow me to retroactively permit a residential structure based upon the construction codes present at the time of construction.  Anyone done this process?



(2) A building official has the discretion to apply the building standards that were in effect at the time a residential unit was constructed. This is permissible under the authority to grant modifications on a case-by-case basis and the authority of a building department to approve a material, appliance, installation, device, arrangement, or method if it finds that the design is satisfactory and equivalent to the building standards code. Several jurisdictions were not aware of this existing authority.(3) It is the intent of the Legislature to clarify that when a building permit for a residential unit does not exist, the appropriate enforcement official may make a determination of when a residential unit was constructed and then apply the California Building Standards Code and other specified rules and regulations in effect when the residential unit was determined to be constructed for purposes of issuing a building permit for the residential unit.





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