Controlling Mini-dorms – A History (in progress)
Ann B. Cottrell, Chair CACC Committee on Nuisance Rental Properties
Mini-dorms, defined by the city on its mini-dorm web page as “single dwelling units occupied by multiple adults, which through unconventional development patterns and a variety of disturbance issues are adversely affecting local single dwelling unit neighborhoods” have concerned College Area residents for over two decades. The pattern of commercialized rental properties in RS zones is increasingly a threat throughout the city. Here is a summary of efforts to control “mini-dorms.” These efforts are not intended to eliminate all rental properties in RS zones.
1980 Adamson v. Santa Barbara California Supreme Court Decision.
This decision states that “family” cannot be defined as individuals related by blood, marriage or adoption. Thus we cannot prohibit renting single “family” homes to 3 or more unrelated individuals, as is the practice in many other states.
1987 Single Family Rental Overlay Zone (SFRPOZ)
This College Area zone limited the number of individuals in a rental house by establishing size and other physical requirements per tenant.
1991 College Area Rental Landlords Association (CARLA) challenged SFROZ.
CARLA argued SFROZ violated principles of equal protection by illegally discriminating between tenants and resident owners when similarly situated. The California Superior court supported the case and a city appeal was not upheld. The significance of this ruling is that there can be no distinction between users of similar properties. SFROZ was repealed in 1997.
1989 College Area Party Plan
This permits police to “CAPP” chronic party houses. This program, now city wide as the Community Assisted Party Plan, allows the police to raise the response when called to a CAPP house, including confiscating equipment and even making arrests.
2000 Addressing Parking impact in College areas.
- Land Development Code creates Campus Parking Impact Overlay Zone which requires off-street parking for single dwelling units with 5+ bedrooms. (city requirement is 2 off street parking spaces for a single dwelling unit)
- Parking Districtes B & E established for SDSU and Mesa College Areas. These prohibit street parking to anyone who does not have a B or E permit (4 maximum per house)
September 2006 Community Forum on mini-dorms.
District 7 Councilmember Jim Madaffer convened a public forum on mini-dorms. Over 300 angry College Area residents made an impression. Madaffer followed up with a list of possible responses to the problem, addressed by an ad-hoc College Area Community Council committee.
October 2006. Bedroom redefined in municipal code.
Municipal Code was amended to define a bedroom as any room with a permanent door which can be used for sleeping. This was to stop the practice of calling converted/new rooms dens or family rooms thus getting around the 5 bedroom parking requirement
May 2007 Administrative citations for violations of existing loud noise codes.
SDPD can be issue $1,000 fines to all residents and homeowners when Police Officers judge the noise level sufficiently extreme. The program’s six month trial was so successful in the College Area it is being expanded city-wide.
August 2007 New codes related to mini-dorms take effect.
(overview)
Based on recommendations from the CACC ad hoc committee the city council adopted amendments to the municipal code to address inconsistent physical development related to mini-dorms. Briefly, these are:
- Small lots in RS zones (less than 10,000 square feet):
- Houses limited to 6 bedrooms (using new definition)
- Hardscape for vehicular use limited to 4 surface parking spaces.
- RS zone properties-no more than 60 % of front yard hardscape or paving.
- RS zone properties - new parking standards ensure parking spaces will be functional
- Campus impact area (only single dwelling units with 5 or more bedrooms):
- New development must provide 1legal off-street parking space for each bedroom
- At least 2 parking spaces must be in an enclosed garage.
- In the parking impact overlay zones, all lots must have a 12-foot driveway at the front property line.
January 2008 Residential High Occupancy Permit (RHOP)
In an effort to assure that high density single dwelling units in RS zones provide adequate parking, the City Council has passed a RHOP. RHOP is required for a single dwelling unit housing 6 or more persons 18 and older. To obtain a permit, legal off-street parking must be provided on the property for the number of adult occupants minus one. The RHOP establishes an annual permit, with an annual fee ($1000) and inspections that can be revoked for code violations. This will take go into effect October 1, 2008. No existing violations will be “grandfathered” in.
Spring 2008?? Rooming House Ordinance (RHO)
The above changes, while of some help, do little to address the systemic over commercialization of RS zones with mini-dorms. Any existing mini-dorm remains legal until a structural change is made. Houses can have as many bedrooms as they want on lots over 10,000 square feet and unlimited parking in large back yards. A way of addressing the commercialization of RS neighborhoods with large mini-dorms is sought.
The proposed Rooming House Ordinance is designed to “preserve community character” in RS zones, and “promote neighborhood quality, character and livability” by prohibiting rooming houses in RS and low density RM zones. A version defining the RHO as a single dwelling unit in which three or more rooms are rented under three or more separate leases has been approved by: Land Use and Housing Committee, San Diego Planning Commission, Community Planners Committee, CACC, PBPG. However, while the majority of City Council members claim to support the RHO in principle, the RHO did not receive majority support at the November 19, 2007 Council meeting. A revision is being drafted presently and, hopefully will go to Council this spring.
February 19, 2008 – Document in progress – Ann B. Cottrell, Chair CACC Committee on Nuisance Rental Properties
{ 0 comments… add one now }
You must log in to post a comment.