Appeals board upholds building official, denying JADU legalization claim at 1443 N. Riverside

The Planning Commission, sitting as the Building Appeals Board, voted Dec. 17 to deny an appeal seeking to apply Government Code §66332 to an unpermitted junior accessory dwelling unit (JADU) at 1443 North Riverside Avenue. Chief Building Official Jay Garcia presented staff’s denial, stating that staff ‘‘did not find any substantial evidence that a JDU was in existence before 01/01/2020’’ and therefore the applicant had not met the statutory burden of proof required under the state statute.

Appellant Rob Ingram, representing Bridal/Middle Housing Partners, presented a 2023 interior walkthrough video and argued the interior (kitchen, bathroom, sleeping area) showed signs of significant tenure and functioned as a dwelling. Ingram requested the board rescind the denial, allow inspection and apply the state amnesty statute’s checklist approach to determine whether the unit could be legalized. He also said the city’s public checklist and notice required by statute were not available on the city website.

In rebuttal, the building official and staff noted the appellant acquired and renovated the property in 2023 and that the core legal question is whether the unit was in existence prior to Jan. 1, 2020. Staff told the commission that the appellant did not provide sufficient evidence to meet the statutory burden. After deliberation the board adopted the staff resolution denying the appeal and upholding the building official’s decision. Commissioner Avalos Villalobos recused herself from the item; the motion to deny the appeal carried on roll call vote.