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Home My WebLink AboutOB 3 OVERCROWDING 05-07-90` t i ACL.1 •, ►DA`.5--_j ` 0 OLD BUS I NESS NO. 3 �! -�5/7/90 V� 0 - Inter - Com DATE: May 7., 1990 TO: WILLIAM C. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: OVERCROWDING IN THE SOUTHWEST PORTION OF THE CITY RECOMMENDATION Receive and file. BACKGROUND On March 19, 1990, the City Council directed Staff to investigate alleged abuse of multi -families residing in single residences in the southwest portion of City. Staff was directed to investigate mechanisms that would control the number of persons allowed per dwelling. In order to thoroughly address the Council's request, we have coordinated with the Building Division and Police Department and the City of Santa Ana Code Enforcement Division who has attempted, through the court system, to deal with this matter. The overcrowding issue in the southwest portion of the City is largely cultural in nature. This area has a large population of hispanics. Culturally the hispanic population traditionally houses an extended family. An extended family can be, as an example, a mother, father, four children, and both sets of paternal and maternal parents. Additionally, the demographics of Southern California are changing dramatically. Hispanics and Asian groups are making up a significantly greater portion of the population. Traditionally these groups also have a different lifestyle, not previously prevalent within Southern California. For example, it is not uncommon for three to four generations to be living as one household in what many would consider crowded conditions. To their lifestyle; however, these are not "crowded" conditions. As a basis for our investigation, the Uniform Building Code provides a definition of Family. "An individual of two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a unit. Based on the above definition, any number of an extended family may live together City Council Report Overcrowding May 7, 1990 Page 2 provided there is adequate space provided for each person. The Uniform Housing Code requires that the floor area for habitable rooms (except for kitchens) shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. Santa Ana contended that certain rooms, ie: dining rooms, were not intended for sleeping and therefore were not habitable. The Superior Court ruled that the City of Santa Ana's interpretation of the Housing Code was improper. Santa Ana appealed this decision to the Court of Appeals who upheld the Superior Court decision. In summary, based upon court related decisions, the courts are highly inclined to grant decisions weighing in favor of the occupants of the units. The City Attorney's office has determined that the City does have the option of enacting an ordinance to address population density. As suggested, the City can address this issue by employing several methods; including tying the maximum permissible occupancy in a dwelling to objective standards per quantum of open space requirement, a person per bedroom or bathroom requirement, or any generally accepted standard which defines overcrowding. While current Housing and Building Codes are not effective in dealing with the issue of overcrowding, there are many other interrelated code problems in the southwest side of town that the City has proactively been addressing. The Police Department has implemented a program called Problem -Oriented Policing (POP) which we believe is beginning to show positive impacts in the southwest portion of.town. The POP program is a team oriented approach that employs the efforts of law enforcement and other City personnel, such as building inspection and code enforcement as well as members of the Community. The team approach is useful in dealing with many of the problems in the area, one of which are the effects of overcrowding. Overcrowding is just one of the many problems in the area such as drug activities, nuisance (loitering problems), graffiti, building code violations and generally unhealthful conditions. Under the POP program, the City has already begun addressing the cumulative problems in the southwest area. The Building Division and Police Department has conducted an exterior inspection of many properties and has transmitted their concerns to owners of property. As a result of the City's effort, one property owner representative has been willing to enforce lease agreements which specify the number of occupants who will reside in the unit. This action will go far in reducing the overcrowding situation. Removal Community Development Department City Council Report Overcrowding May 7, 1990 Page 3 of abandoned cars, car repair business' in the garage units, and unhealthful living conditions will upgrade the living conditions of this area. Code enforcement conducted by a Planning Assistant of the Community Development is being allocated approximately 50% of the time just in the southwest portion of the city. If it is the desire of the Council to allocate additional Code enforcement efforts in the southwest portion of town then a full-time Code Enforcement Officer with citation abilities would be required. In summary, the overcrowding issue is one of many in the southwest area of Tustin. Continued efforts with the POP Program will assist in attempting to deal with many of the problems plaguing this area. It is suggested that further code enforcement is needed and a request for a full-time Code Enforcement Officer will be made a part of the 1990-91 Budget. Additionally, the City Council may direct staff to further investigate the option of enacting an ordinance to address population density. SKT:kf Community Development Department DATE: TO: FROM: SUBJECT: APRIL 10, 1990 Inter Com SUSAN TEBO, COMMUNITY DEVELOPMENT DEPARTMENT CITY ATTORNEY ��I RESIDENTIAL OVERCROWDING .000 1QQo 3 �o, 1 , OPV y Pursuant to your request of April 9, 19904, we have reviewed your draft report regarding overcrowding in the southwest portion of the City of Tustin. We recommend deletion of the third sentence of the first full paragraph on page 2 which presently states "The issue of 'habitability' of floor area spaces within units was ruled unconstitutional in a recent action with the City of Santa Ana." We suggest that the other reference in the first full paragraph on page 2 of your memorandum regarding the court ruling that the City of Santa Ana's interpretation of the Housing Code was "unconstitutional" be revised to state that the City of Santa Ana's interpretation was improper. At this time we do not have sufficient information to state that the court ruling was made on constitutional grounds. We are in the process of obtaining the actual court ruling on this case. We will have more specifics on the court ruling at that time. Although we have not yet seen a copy of the decision against the City of Santa Ana, it is our understanding this ruling against the City of Santa Ana does not mean that the City of Tustin may not enforce the standards in the Uniform Housing Code, but merely that the interpretation of the City of Santa Ana was improper. The effect of the Court's ruling is that a greater number of people may inhabit dwelling units than contended by the City of Santa Ana. We are presently not aware of other authority which would specifically allow the City of Tustin to regulate the number of people residing in dwelling units. 'The City of Tustin has the option of enacting an ordinance to address population density. The City may do this by a number of methods, including tying the maximum permissible occupancy in a dwelling to objective standards such as across the board minimum floor space per person, a person per quantum of open space requirement, a person per bedroom or bathroom requirement, or any generally accepted standard which defines .overcrowding. City of Chula Vista v. Pagard, 115 Ca1.App.3d 785 (1981); Park Redlands Covenant Control Committee v. Simon, 181 Ca1.App.3d 87, 97 (1986). As we discussed, from an enforcement standpoi t, a standard based upon floor space per person may be t est or the City to enforce. v h- L JA S G. ROURKE THOMAS F. NIXOW CITY ATTORNEY DEPUTY CITY ATTORNEY TFN:rr:R:4/10/90(2)