 "Photo: Glenn Connelly / Photo Editor")
A new law intended to curb the prevalence of nuisance rental properties throughout San Diego will soon go into effect, while another must undergo substantial changes before it can be brought back for a vote.
Last week, the San Diego City Council brought the residential high-occupancy permit back for a second reading and it will become a law in a little more than a month. However, the city has extended a six-month grace period for enforcement in order to educate the public on the ordinance.
The rooming-house ordinance, which was proposed to the council in November with the RHOP and didn't pass, wasn't ready to come back because it is undergoing some major changes.
Another draft of the ordinance should be released sometime this week and it is expected to go before the council for a first reading next month.
The approved RHOP requires a permit for homes in residential-single zones, or residential neighborhoods, that house six or more adults. Tenants must pay a $1,000 fee and provide parking spaces for all but one adult in residence.
A hardship waiver was included to exempt low-income households from the fee after the ordinance's approval.
Doug Case, president of the College Area Community Council, said the CACC recommended the waiver along with a number of provisions (intended to protect students), but the council only enacted the waiver.
Jeremy Ehrlich, Associated Students vice president of external affairs and a CACC board member, said he is concerned that landlords will "push the $1,000 fee onto its tenants," most of which are students.
Ehrlich said some landlords have increased deposits on houses in case an administrative citation is issued to their tenants. The $1,000 noise citation was developed to discourage loud parties and is issued to each tenant as well as the property owner.
"I don't want to see that happen to tenants and students," Ehrlich said. "That doesn't really fulfill the purpose of the (RHOP)."
Although many people in the College Area are really pushing to get the ordinance approved, Case said the RHOP "may have more bite in terms of its impact on the nuisance rental properties than the RHO does."
The ordinance is intended to prevent owners of large homes from renting out rooms individually, as in a rooming house. Case said he's not sure how many genuine rooming houses there are in the College Area.
"There are many places advertised rented by the room," Case said, "but how many there actually are is to be determined."
Ehrlich said he's afraid a student's lifestyle could be construed as a rooming house when it's not.
"It's definitely good to have a rooming house ordinance because it's not what a residential zone is for," Ehrlich said, "but at the same time (we want) to protect students. As long as they stick to judging the use of the house and not the user in the house, then it will be a benefit to the College Area."
Case said the RHOP would make it more difficult for new mini-dorms, large houses with numerous adults, to be created.
"(The RHOP) in conjunction with some of the other ordinances passed, especially some of the land development codes passed this summer, make it really difficult for (large houses with many adults) to meet the parking requirements," Case said.
Because a parking lot with less than 10,000 square feet can't have more than four parking spaces, it would limit residences to a maximum of five adults, Case said. Also, a larger lot can't pave more than 60 percent of its lot to make parking.
Other mini-dorm related laws Administrative Citations These $1,000 fines can be issued to both noisy tenants and their property owners. It was developed as a pilot program in Mid-City to discourage parties and is now spreading citywide. It is currently enforced in Mid-City and Northern police divisions, which include the College Area and Pacific Beach.
Physical Development Regulations Last summer, a few land development code changes were made in an attempt to prevent mini dorms. It limits houses on lots less than 10,000 square feet to a maximum of six bedrooms, increases parking requirements and prevents garage conversions on houses with five or more bedrooms.
Source: City of San Diego Development Services Department
Be the first to comment on this article!