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1 RiversideCA.gov
Undocumented Residential
Legacy Structures
Land Use Committee
November 12, 2024
Community & Economic Development
Department
RiversideCA.gov
2 • Discuss the challenges/concerns that unpermitted
residential legacy structures present to property
owners and the community
• Acknowledge the need for more housing solutions to
safely integrate these structures/conversions into our
local housing stock
• Review applicable State laws and local ordinances
to present potential options/solutions
PURPOSE
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3 Definition:
Undocumented residential legacy structures are unpermitted structures or alterations that exist in Riverside since 1915 without the benefit of building permits
Common Types:
Room additions, detached accessory structures, and
conversions of non-habitable spaces
Statistics:
Approximately 10% of building permits reviewed involve
unpermitted structures or alterations
BACKGROUND
RiversideCA.gov
4 EXAMPLES
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5 EXAMPLES
RiversideCA.gov
6 Senate Bill 1226:
• Signed into law September 30, 2018
• Grants discretion to apply building standards in effect at the time of construction as determined by the Building
Official
Senate Bill 13:
• Signed into law October 9, 2019
• Allows owners of unpermitted ADUs to request a five-year delay on code violations if health & safety is not at risk
LEGISTATIVE HISTORY
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7 • Health and Safety Risks:
Potential dangers posed by non-compliant structures to
occupants and the neighboring community
• Property Owner Issues:
Many owners unaware of unpermitted work until notified by Code Enforcement during permit applications or by neighbor complaints
• Cost Implications:
Full compliance with current codes can be financially
burdensome
DISCUSSION
RiversideCA.gov
8 Objective:
Provide viable options for homeowners to address
unpermitted structures and alterations
Options for Consideration:
• “Safety First” Amnesty Program (Policy)
• Certificate of Unpermitted/Noncomplying Conditions
(Ordinance)
• Combination Approach
OPTIONS/SOLUTIONS
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9 1-kSAFETY FIRST AMNESTY PROGRAM
Safety First Amnesty Program:
Overview:
• Voluntary disclosure of unpermitted structures without penalties • Requires plan review, inspections and compliance with building standards based on the time of construction
Benefits:
• Streamlined process with penalty fee waivers
• Retroactive building permits issued
• Does not need to comply with current building standards OPTION 1
RiversideCA.gov
10 AMNESTY PROGRAM FLOWCHART
1 Homeowner Application
Submissions
• Homeowner submits
application and documents.
• Homeowner pays fees and
obtains the building permit.
2 Initial Review
• Building and Safety conducts
preliminary application
review.
• A notification of eligibility
status is sent to the
homeowner.
3 Site Inspection
• A building inspector
conducts a life and safety
inspection.
• Inspector prepares a report
listing required corrections.
4 Correction Plan Submission
• If no corrections, skip to step
6. • The plan is reviewed by
building & safety.
5 Permit Issuance and
Corrections
• Building permits are issued to
carry out corrections.
• Homeowner completes
corrections within specified
timeframe.
6 Final Inspection
• After corrections, a final
inspection is conducted by
Building & Safety.
• Upon a successful inspection
the final approval is granted,
and the permit is completed.
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11 PROS
• Voluntary Compliance: Encourages
voluntary compliance, by reducing the fear
of penalties and improving safety without
heavy-handed enforcement.
• Improved Safety: Helps the city identify and
rectify unsafe structures.
• Increased Property Value: May increase
property values by bringing structures into
compliance.
CONS
• Perception of Leniency: Could be perceived
as lenient, undermining the city’s code
enforcement efforts.
• Potential Liability: May not sufficiently address
the most hazardous structures.
• Enhanced Perception of Inequality: Potential
for inconsistent enforcement, leading to
fairness concerns.
AMNESTY PROGRAM PROS & CONS
• Enhanced Community Relations: Reduces
the city’s enforcement burden and fosters
community goodwill.
• Perception of Leniency: Risk of reduced
public trust if the program is perceived as
lenient.
RiversideCA.gov
12 CTIE OF UNPERMITTED/NONCOMPLYING CONDITIONS (CUN
Certificate of Unpermitted/Non-Complying Conditions
(CUNC):
Overview:
• Allows continued use (occupancy) of unpermitted structures • Property owners must demonstrate they were not responsible for construction
Process:
• Request a Life Safety inspection without penalty fees • Indemnify the City; full compliance not required – Observation only Certificate is not equivalent to a Building Permit:
• CUNC is an acknowledgment of the structures existence and approval of continued use/occupancy only
OPTION 2
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13 CERTIFICATE OF NON-COMPLIANCE FLOWCHART
1 Homeowner Application
Submissions
• Homeowner applies for a
certificate of noncomplying
conditions.
2 Initial Review
• Building & Safety conducts an
initial review to see if structure
qualifies for certification.
• Notification of eligibility status is
sent to homeowner
.
3 Life & Safety Inspection
• Scheduled by the city after
eligibility confirmation.
• A building inspector conducts
completes life and safety
inspection.
• The inspection report is shared
with the homeowner
.
4 Findings & Required
Actions
• If the inspection finds health
and safety concerns, homeown
er must address them.
• If no actions are needed, skip to
step 6.
• If needed, corrections must be
completed to move forward.
5 Re-Inspection (If applicable)
• Once corrections are
completed, a re-inspection is
conducted to confirm
compliance with life and safety
requirements .
6 Certificate of
Noncompliance
• A certificate of noncomplying
conditions is issued, allowing the
structure to remain without
further penalties.
• Property records are updated to
reflect the certificate and
condition.
RiversideCA.gov
14 CERTIFICATE OF NON-COMPLIANCE PROS & CONS
PROS
• Improved Safety: Ensures that unpermitted
structures meet essential safety standards,
reducing the risk of accidents, injuries, or fires.
• Reduced Financial Burden: By waiving or
reducing penalties, the program makes it
more financially feasible for homeowners to
bring structures into compliance.
• Increased Property Value: Legalizing structures
can increase property values and simplify
future real estate transactions.
CONS
• Potential Liability: The City may face liability
concerns if a legalized structure fails despite
meeting the program’s criteria.
• Resource Allocation: Implementation will
require resources, including additional
inspections, administrative support, and
potential legal guidance.
• Non-Compliance Risks: If homeowners are
unwilling or unable to meet even the reduced
standards, not all structures will be brought into
compliance.
• Enhanced Community Relations: This
demonstrates the city’s commitment to working
with homeowners to solve longstanding issues rather
than solely focusing on punitive measures.
• Perception of Leniency: If homeowners are
unwilling or unable to meet even the reduced
standards, not all structures will be brought into
compliance.
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15 Combination Approach:
Implement both Amnesty Program and the Certificate of
Un-permitted/Non-Complying Conditions:
• Provides more pathways to enable alternative housing
solutions while ensuring a minimum level of health & safety • In addition to the traditional building permit process in conformance with todays adopted codes and standards
OPTION 3
RiversideCA.gov
16 Strategic Priority No. 2-Community Well-Being
Goal 2.4: Support programs and innovations that enhance community safety, encourage community engagement, and build public trust.
Goal 2.5: Foster relationships between community members, partner organizations, and public safety professionals to define, prioritize, and address community health and safety.
Cross-Cutting Threads
STRATEGIC PLAN ALIGNMENT
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17 That the Land Use, Sustainability & Resilience
Committee:
1. Receive a report on Undocumented Residential
Legacy Structures, and;
2. Provide input on potential options/solutions to help legalize these structures and alterations.
RECOMMENDATION
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