Legal Question in Construction Law in California

I was awarded permits for structural, mechanical and electrical changes to my duplex in San Jose, CA. The zoning for the area is multifamily, the approved plans clearly say "duplex" on them, they required multiple things on the permits/plans because it was a duplex, and I paid for a review by their planning department to guarantee it was a duplex in getting these permits. Upon going to get an additional permit for a gas meter they looked at the records and told me the house is listed as a single family residence. They started to imply but didn't actually say that the issued permits might need to be redone.

Can a planning department of themselves actually rescind awarded permits, or should I just continue with work as permitted? Are they obliged to honor permits awarded?


Asked on 3/27/14, 8:28 am

1 Answer from Attorneys

The short answer is "yes." But it is a lot more complicated than that. SFD versus Duplex can be for many purposes and contexts. For example the tax records may show a SFD, because they have not been updated to reflect that it was converted to a Duplex. That doesn't change the fact that it structurally is a Duplex for building permit purposes. Or it could mean that it was converted to a duplex without the required permits, so even though it is zoned and taxed as a duplex, the unpermitted conversion is going to have to be legalized. The practical answer is work with them on it. In the end you want a legally remodeled, legally taxed, legally occupied duplex. The way to get that is working with them and using persuasion to get to do it in a reasonable way. You are not going to win a legal fight to force the City of San Jose to do something inconsistent with its building, planning and tax laws.

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Answered on 3/27/14, 10:38 am


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