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Zoning Violation?
updated: Apr 09, 2014, 3:49 PM

By Edhat Subscriber

Question: Any Edhatters have experience with a neighbor living in the property and renting out all of the bedrooms to unrelated parties? It's a single family home on a cul-de-sac with one permitted guest house. I'm not certain whether this is a zoning violation or not. Thanks.

Comments in order of when they were received | (reverse order)

 COMMENT 509911 agree helpful negative off topic

2014-04-09 03:52 PM

I'm sorry... are you asking if it's a zoning violation to rent out rooms of a home?

 

 COMMENT 509915 agree helpful negative off topic

2014-04-09 03:58 PM

It's very common locally, helps assist with mortgage payments that might otherwise be impossible to pay.

 

 COMMENT 509916 agree helpful negative off topic

2014-04-09 03:58 PM

Its their house, they can do what they want.

 

 COMMENT 509918 agree helpful negative off topic

2014-04-09 04:01 PM

My neighbor does it too. Never bothered me...all parking is off the street, and everyone is respectful.

With property taxes skyrocketing...I imagine more and more people are going this route.

 

 COMMENT 509919 agree helpful negative off topic

2014-04-09 04:02 PM

How do you think so many unemployed people afford to live in Santa Barbara? Why do you think the coffee shops are full at 2pm on any given weekday?

Be careful though for EdHat is filled with these folks (judging by the first three responses) but little do they know that they are most likely in violation of some ordinance and statute. After all this is Santa Barbara > California > America where its impossible not to violate some law.

 

 COMMENT 509920 agree helpful negative off topic

2014-04-09 04:05 PM

I guess if one wants to micro-manage ones neighbor, it's best to live in a HOA community.

 

 COMMENT 509930 agree helpful negative off topic

2014-04-09 04:23 PM

Maybe these people ARE related...cousins, nephews/nieces, and so on. So, unless you see the person's bank deposit slips or the "renters" handing over wads of cash, you plain don't know. Maybe they lost their job and need the dough to make ends meet. Maybe they lost their health insurance and now have to pay out of pocket. Maybe it's the only way they can save up to send their kids to college. Who cares? Reminds me of the 'Bewitched' character Mrs. Kravitz pulling back the curtains ever-so-slightly and poking her nose out the window all day long. Nosy bodies need to stop imagining things, close their curtains, and get back to enjoying their life ordering junk from QVC and HSN. Love that song by Reveal (sp?) Orr on Channel 17..."I need MORE Stuff...I want more Junk...I want more THINGS!"

 

 COMMENT 509932 agree helpful negative off topic

2014-04-09 04:24 PM

I'm glad a HOA was mentioned. Student rentals, i.e. multiple unrelated parties renting every conceivable living space, are very common here except where expressly disallowed by CC&Rs of a HOA. Even then the HOA has to go to court to enforce the violation which is a civil, not a criminal matter, so not much in the way of teeth.

Rather than attack the legality of what they are doing in their home might you be able to talk to them, in a neighborly way, and resolve the issue that is plaguing you?

 

 COMMENT 509933P agree helpful negative off topic

2014-04-09 04:25 PM

@920 spot on.

 

 COMMENT 509937 agree helpful negative off topic

2014-04-09 04:27 PM

contact the landlord or management company. they will help.....

 

 COMMENT 509941 agree helpful negative off topic

2014-04-09 04:31 PM

Sounds like the poster just wants to know who is living in their vicinity. I suppose you could just go over and introduce yourself and gain the information that way. Maybe go over on the premise of starting a neighborhood watch. It's always a good idea to know who your neighbors are and achieve "situational awareness."

 

 COMMENT 509945 agree helpful negative off topic

2014-04-09 04:38 PM

Very common communal living arrangment in SB. How else can the working class and poor afford housing here.

 

 COMMENT 509946P agree helpful negative off topic

2014-04-09 04:40 PM

In some places it is a zoning violation. When I was going to CSUN in the 1970's, this was how the neighbors prevented my sorority from operating in the house we'd built -- it was a zoning violation for more than 5 unrelated people to live in a house in the City of L.A. We even had inspectors show up and demand to look at all the bedrooms to make sure we weren't in violation. And we never had parties -- the neighbors just didn't want to live next to a sorority house.

 

 MESARATS agree helpful negative off topic

2014-04-09 04:48 PM

No not a violation. Nor will unmarried women cohabitating with a man be stoned and cast out from the community.

 

 COMMENT 509951 agree helpful negative off topic

2014-04-09 04:51 PM

Op here: Long story but yes, I know for sure that the parties are unrelated and yes, it's my business now that the cops were called out on one of the tenants. Cops also called on daughter vs. another tenant.

 

 COMMENT 509952 agree helpful negative off topic

2014-04-09 05:01 PM

everyone always seems to want a house on a cul-de-sac, but I'm starting to see a trend on edhat with problems with houses on cul-de-sacs versus traditional more well traveled streets.

 

 COMMENT 509959P agree helpful negative off topic

2014-04-09 05:12 PM

Call city P&Z and ask what the zoning is for your area. If the cops are already involved, you've got a problem and an interest in finding out what's going on to preserve your own rights, and sanity. Live-and-let-live is a noble philosophy - for those who don't live next door to trouble spots and so glibly say "chill"; who are oblivious to racket, packed on-street parking, and trash; and them as trust their fellow man and total strangers coming and going all hours just a few feet from your own family.

 

 COMMENT 509965 agree helpful negative off topic

2014-04-09 05:28 PM

918, how are property taxes skyrocketing? Prop 13 limits how much taxes can increase and the rate is based on the purchase price. The tax rate can also be inherited by children and grandchildren. The only way property tax can "skyrocket" is if you sell your property and buy something new at the current market value. But your tax isn't going to be $3,000 this year and $10,000 next year on the same piece of property. Heck, my property tax went down one year recently.

While I don't like paying taxes, let's not make things up.

 

 COMMENT 509966 agree helpful negative off topic

2014-04-09 05:33 PM

951/OP
What makes you think its your business because the cops were at the house? Are you kidding.

 

 MISTA agree helpful negative off topic

2014-04-09 05:36 PM

For those of you with snarky comments about what other neighbors do, is none of our business; You are obviously not a homeowner who has paid a premium to live in SB and pays the $8K a year in property taxes EVERY YEAR as well as sacrificing to make a mortgage of $3K + a month AND be a good / respectful neighbor.
The biggest problem lies with parking issues, lots of in and out traffic all day and night and having people living in the house WITH NO VESTED INTEREST in the house or the 'hood... (they could give a $--t)
We have a neighbor whose Mommy and Daddy gave them the house and they rent out 3 rooms because they are GREEDY. They put zero funds back into the house and it looks like S--t.
There ya go! Santa Barbara living at its finest!

 

 D8VANILLA agree helpful negative off topic

2014-04-09 05:49 PM

Might be foreign exchange students. Or maybe, it's a drug & alcohol halfway house...... What exactly is the OP thinking..?? Is the OP having some issues with the people that are living there? Does the OP want to rent out the bedrooms in their house too?

 

 COMMENT 509979P agree helpful negative off topic

2014-04-09 06:09 PM

People need to mind their own business. Stop harassing one another and figure out how to live a happy life without micro managing others. Stick to your own and mind your own. Smoke a joint and stare at the clouds.

 

 COMMENT 509981P agree helpful negative off topic

2014-04-09 06:11 PM

People need to mind their own business. Stop harassing one another and figure out how to live a happy life without micro managing others. Stick to your own and mind your own. Smoke a joint and stare at the clouds.

 

 COMMENT 509984P agree helpful negative off topic

2014-04-09 06:20 PM

It is always best to talk to the neighbor face-to-face first, to express your concerns, and try to work things out in a friendly fashion. I lived in a 4 bedroom house in a residential community with 3 unrelated renting roommates and myself for over a decade. The neighbors were initially very worried that we'd be a party house. We were quiet, respectful, friendly, and helpful, and we kept the property in better shape than most owners would. Living next to us was quieter and lower impact than living next to a normal family with kids.

 

 GRITZ agree helpful negative off topic

2014-04-09 06:21 PM

Mista-in my "hood" the renters are respectful and the home owners are complete jerks. They are excessively loud, have dogs barking at all hours, blast music to work out to, operate table saws and chain saws at all hours, and have many cars that dont work all over the place. Those of us who rent, must maintain the home we are in, and have rules for renting. And- those of us renting do pay through the nose too and dont get the tax write off. The problem in this town is that many people just dont care if they infringe on the peace and quiet of others...and it seems that both owners and renters fall in this category. 981P I stick to my own until someone is in my space...then I consider it my business.

 

 COMMENT 509987 agree helpful negative off topic

2014-04-09 06:27 PM

If they are renting rooms, are they reporting income?

 

 TWO ABBYS agree helpful negative off topic

2014-04-09 06:58 PM

Even in a neighborhood with zoning designated for "single family residential use", a family is defined as a group of people who choose to live together, I believe based on an old court case.

 

 COMMENT 509990 agree helpful negative off topic

2014-04-09 07:14 PM

It's not against the law. Our HOA limits only the number of people allowed to live in a home, not who they are. This is very normal in the area, to rent rooms.

 

 COMMENT 509991 agree helpful negative off topic

2014-04-09 07:52 PM

Mista- I do own 2 homes here in SB and pay a "premium".That does not intitle me to any guaranteed peace or quite. We live on earth with others and its only getting more populated! Deal with it

 

 COMMENT 509996 agree helpful negative off topic

2014-04-09 08:14 PM

Just because cops were called, doesnt mean there was any danger to you.

My suggestion, go talk to the property owner. Get on good terms and maybe he will be a good neighbor and ease your fears. Whatever fears you seem to have, still havent really figured out what the problem is.

 

 COMMENT 510001P agree helpful negative off topic

2014-04-09 08:41 PM

991, the expectation of a degree of peace and quite is called civilization. Because we do live among each other, some mutual respect and consideration aren't too much to expect in an urban setting. For example, the fact that someone might be able to buy a huge sound system doesn't entitle them to play it loud all night. There are limits. The whole town is not I.V. where anarchy seems to rule. Some might be willing to surrender, but for others it's worth a little effort to uphold standards and maintain quality of living.

 

 COMMENT 510003 agree helpful negative off topic

2014-04-09 08:55 PM

No planners here, best to call city planning or read the pertinent part of The Zoning Ordinance, Title 28 of the Santa Barbara Municipal Code. Coincidentally the city is updating the zoning ordinance and is soliciting public input.

To the best of my knowledge it is not a violation. The city is encouraging densification.

 

 COMMENT 510007P agree helpful negative off topic

2014-04-09 10:37 PM

The City and County have lost control of this. It seems that every time a home changes owners, the new owners bring in tenants - sometimes lots of them.

I miss my longtime neighbors. There are many new neighbors and they come and go. There is no on-street parking left.

But that's just how it is.

I don't think they have this problem in Bakersfield.

 

 COMMENT 510008P agree helpful negative off topic

2014-04-09 10:57 PM

The poster asked only if any one had experience with this and indicated nothing about why the question was even asked. Why? Maybe just to get a rise out of other ed hatters and nothing more. If so, it sure worked well.

 

 WOODRUFF agree helpful negative off topic

2014-04-10 01:07 AM

Years ago, we did have that situation next door. The primary tenant (a renter who worked for SB social services) divided a modest 4 bedroom tract house to the extent that, according to the phone man, there were 8 telephone lines in the house alone (not counting the tent on a platform in one corner of the yard. The primary tenant no longer needed to pay rent for herself; indeed, she made a nice little profit on her own.

The people she rented to were folks a tad on the fringe, like those who ran a car repair facility in the side yard under our son's bedroom window. One sang grand opera badly but loudly as she (yes, she) dismantled cars. Smallish stuff was stolen from our own car if we didn't lock it, even during the day.

There were cops out at all hours pounding on doors and shouting, "Come out, so-and-so; we know you're in there."

In terms of peace and quiet, this was about three years of solid nightmare, and when the tent in the corner of the yard was rented out, we finally contacted the landlord and blew the whistle. The house was quickly vacated, cleaned up, and sold soon after that to a really steady single dad.

 

 COMMENT 510017P agree helpful negative off topic

2014-04-10 02:11 AM

959P, 001P: Could not agree more. Well said, both of you.

I once got rid of a problem "neighbor," (said person was living in an old tool shed) when I did some detective work and found there was a private phone line to the tool shed. Proof positive that someone was living there.

City planning/zoning was of no help whatsoever. Eventually, I called the Fire Dept and relayed my quite valid fears concerning a possible fire. (There was lots of smoking of pot and hash, and burning of candles, etc taking place in this fire hazard of a shed, which was located approx 15' from my bedroom.) The tenant was evicted within two weeks.

If the number of people in one house is a problem, try the Fire Dept. But first, go to County records dept and find out who the real owner is and contact him/her. It's entirely possible the owner doesn't know how many people are living at that property.

 

 COMMENT 510021P agree helpful negative off topic

2014-04-10 03:59 AM

I live in Samarkand and there are a number of people who rent out rooms. Many of these homes are poorly maintained, my guess is due to lack of funds, (dirt and weeds for a lawn, etc.). This doesn't bother me as much as the parking situation. The tenants in my neighborhood are not polite, though the police have never been called in.

 

 COMMENT 510025 agree helpful negative off topic

2014-04-10 06:47 AM

Idiots are going to be idiots. Homeowners are no better than renters. It's a choice to lead a good life, take care of business, and respect others. It's seems so simple, yet few have grasped that idea.

 

 COMMENT 510030 agree helpful negative off topic

2014-04-10 07:05 AM

Two Abbys has it right. Laws and regulations restricting this are common and some are (were) very restrictive. A while back (1964 if memory serves) a city was sued over taking a hard line on enforcing such rules. The rules were upheld all the way through local and state courts. The federal courts were appealed to and the laws was struck down on fairly broad constitutional grounds. The Supreme Court agreed, and their opinion basically invalidated all restrictions pertaining to up to six unrelated adults living in one three bedroom house with minimal parking. Additional kids and relatives might also be mandated as might more people in a bigger house. Guess what city it was whose code enforcement was draconian enough to get them sued? You are correct- Mission Canyon area home.

 

 COMMENT 510031 agree helpful negative off topic

2014-04-10 07:06 AM

Take down the licenses of the cars, and send that info to the IRS telling them that you think the landlord is not reporting significant rental income.

If you think any unpermitted work was done to add rooms to the house, sic the city or county permitting people on them.

It is up to the landlord to make sure that the people they move in are a good fit for the neighborhood, so if they are not, you are justified in responding.

The City tried to pass a rule about unrelated tenants living together but the landlords and low income people that it would have hurt got together and prevented it from passing a few years back.

 

 COMMENT 510033 agree helpful negative off topic

2014-04-10 07:22 AM

AIR BNB is a popular website and it enables people to rent out homes or rooms helps pay the cost of living in SB for many.
I wish someone in town would take a look at the graffiti in Summerland on the shack near the beach. Home was tagged because owner started an addition without a permit that has been unchanged for 8 years now with the owner living in a the small building next door. The owner John O'neal is or was the head of the Summerland architectural review board.

 

 COMMENT 510036 agree helpful negative off topic

2014-04-10 07:45 AM

I live in a thinly populated area of SY.
A neighbor was running a B&B at their house. Even had a website. I was unaware any activity. Someone reported and the County did get involved. The resolution was that it was Ok as long as there was no advertising; the web site is now gone.
So, no problem for unrelated people in a house.
They can't build the house so it has seperate facilities however (entrances or kitchens). That is not allowed by zoning or building dep'ts. They county doesn't even get a bed tax (short term visitors).
Our CC&Rs say no businesses, but no one is riled up enough to do anything about it.

 

 COMMENT 510038 agree helpful negative off topic

2014-04-10 07:54 AM

The leading case on this subject came to the Supreme court from Santa Barbara, challenging an ordinance limiting the number of "unrelated persons" who could reside in a home. The ordinance was struck down. Basically it is legal to rent out rooms. The most common problem is where to park so many more cars which in many cases wind up on the street creating a different problem. The ony limitation on numbers of people in a home involve health and safety issues. The only time one runs afoul of zoning ordinances is if the homeowner is attempting to create attached or detached separate dwelling units. i.e. units which have all dwelling facilities like kitchens, bathrooms, separate entrances, etc.and renting them. Those things require building and zoning standards which if not met constitute a violation.

 

 COMMENT 510039 agree helpful negative off topic

2014-04-10 07:58 AM

031 - when you claim that the landlord must make sure tenants are a good fit for the neighborhood, by who's standard and what is your source? Smells like discrimination to me. Define the parameters please, I'm anxious to hear your justification.

 

 COMMENT 510040P agree helpful negative off topic

2014-04-10 08:00 AM

If the cops were called, there's already a problem. Good luck.

 

 COMMENT 510046 agree helpful negative off topic

2014-04-10 08:13 AM

We have a VRBO and an illegal downstairs duplex next to us. Single family zoning. Zoning cannot do anything except have her change her website. They cannot go downstairs to investigate because the owner has threatened the city for trespassing. Owner is making bucks. If you cannot afford to live here, should your neighbors bear the burden? Those who work in Monoco do not live in Monoco .

 

 COMMENT 510049 agree helpful negative off topic

2014-04-10 08:19 AM

Thank you 920! Amen. It's their house, they can do what they want and rents and mortgages in SB are horrific. Unless you are rich you would need help to live here. God knows I do.

 

 COMMENT 510055 agree helpful negative off topic

2014-04-10 08:38 AM

039, that means they don't make more noise that the average neighbor in that area, and they don't impact the parking for the existing neighbors. I guess also that they don't engage in criminal activities.

I bought a 2bdr/1ba house that was chopped up into 6 bdrs and had 12 people living there. It cost the owner 2500 in fines before he removed the illegal construction, and he eventually lost the house. I found crack pipes and syringes in the bathroom and gutters of the house.

The neighbors were really pissed.

 

 COMMENT 510059 agree helpful negative off topic

2014-04-10 08:43 AM

Back in the early 80's there was a lawsuit against a property owner who had a house on the Riviera, I think. He or she was renting out 6-7 bedrooms to all unrelated people and the jusge said that there was nothing illegal about it. So that ended that.

 

 FLICKA agree helpful negative off topic

2014-04-10 08:47 AM

Prop 13 might make things doable, but taxes can still be crazy. A neighbor inherited a small, 2 bedroom house on our street, small lot. Taxes are $10,000 a year. To me, that's really a lot of money.

 

 COMMENT 510064 agree helpful negative off topic

2014-04-10 08:52 AM

All the people saying mind your own business reminds me of the countless situations where people have been kidnapped and held prisoner for years in a house, or say, right in the back yard. The neighbors don't notice, don't care, and it goes on for YEARS.

 

 COMMENT 510070 agree helpful negative off topic

2014-04-10 09:03 AM

@919 Part of the reason we see so many people in coffee shops on any given day at 2:00 in the afternoon is BECAUSE WE LIVE IN A TOURIST TOWN.
And furthermore, rents, property taxes, job loss etc. has made renting rooms out of houses more necessary than ever before. I am a professional, employed and I HAVE TO RENT A ROOM in order to stay here close to my family. So please, unless your neighbors are causing you great harm, LIVE AND LET LIVE. If they are offending you in some way, leave a kind spirited note on their vehicle or on their doorstep. C'mon people now, smile on your brother. Everybody get together, TRY TO LOVE ONE ANOTHER RIGHT NOW. RIGHT NOW. RIGHT NOW...

 

 COMMENT 510077 agree helpful negative off topic

2014-04-10 09:18 AM

FYI if they are in the city of Goleta, you need 200 square feet of living space person.

 

 WOOLYBLUECURLS agree helpful negative off topic

2014-04-10 09:31 AM

OP, don't make my mistake! A neighbor to the south of me took in several young 'house guests' who played discordant loud music till late at night. In a regrettable fit of cum-bye-yah, I knocked on the door to introduce myself. The woman who answered had recently taken in a depressed young man, his sister, and his mother - the three of them had lost their home. The young man was playing the music to pep up his spirits. To make a long story short, I found myself having to take them chocolate chip cookies every week! In gratitude the young man offered to work in my garden, his sister offered to walk my dog, and now I suppose I will have to offer to collect their mail if they go away.

 

 COMMENT 510087 agree helpful negative off topic

2014-04-10 09:42 AM

I manage my moms property. She rents out rooms in her home to help pay her morgage. It's a large property with an illegal "guest house" that was built in the 80's. We are in the process of bringing it up to code because the inspectors didn't inform us it wasn't. She's currently renting 5 rooms out, 9 people live on the property. Thankfully the property is so big we really can't disturb anyone. My mother purchased the home for just under 3 million and 10 years later, a bankruptcy and divorce has forced her to rent rooms to keep her home. Selling isn't an option, because its now worth less than she paid. She upsidedown. We've had neighbors call the city on us (one neighbor really) and so far they haven't (can't) do anything about us because we don't do anything wrong.

 

 COMMENT 510097 agree helpful negative off topic

2014-04-10 10:09 AM

Sorry folks but if your life's choices dont afford you the income to live here, its your fault. Stop trying to assign blame for your own lack of financial planning and or income. Its expensive to live here. You either make enough or you dont. Skirting the law and worse, causing your neighbors harm is selfish and rude.

There is no right to live where you want. Money whether you like it or not is the great equalizer. You have just as much of an opportunity to make it as the next person. Its your choice. Dont make your neighbors suffer because you're selfish.

 

 COMMENT 510100 agree helpful negative off topic

2014-04-10 10:42 AM

Nobody cares if you rent out a room in your house. If you rent out all the rooms in your house and live in a trailer in the back yard, then that is a concern. If it is a single family neighborhood, then your activities are out of line with the neighbors.

That 200 sq ft of living space per person sounds like a really good idea. Maybe I should move to Goleta.

 

 COMMENT 510115P agree helpful negative off topic

2014-04-10 11:13 AM

It's perfectly legal to rent out bedrooms. Does not violate any zoning ordinances.

 

 COMMENT 510119 agree helpful negative off topic

2014-04-10 11:32 AM

097, it was not my choice to become disabled. I rent one room out to a student who is polite, quiet and very helpful, just to make ends meet. How am I causing harm to my neighbors? How am I being selfish? I choose to stay here because this is where I grew up and where my family lives, but due to my disability you think I should move to Lompoc? I think my struggle to stay afloat to be near my grandkids is selfless, not selfish. Check yourself.

 

 COMMENT 510121 agree helpful negative off topic

2014-04-10 11:42 AM

It's generally a WIN WIN for people who rent rooms out in there home to students and others. The tenant gets a reasonable priced place to live and the homeowner help paying the mortgage or HOA dues. Not all of us are priveledged snobs.

 

 COMMENT 510123 agree helpful negative off topic

2014-04-10 11:47 AM

Before you go on saying its the loser low life poor that are renters of rooms in SB, i know young engineers, nurses, lawyers, and some doctor residents who rent rooms and share rental homes. Unless you are loaded with family money, married with duel incomes, or have accumulate the money needed to buy in SB, then you have no choice but to rent.. In fact most people I know that are young professionals prefer to share in a nicer home than to rent a 40 year old trashy apartment that they may have rented in their college years. Also for those who already own homes in SB, or long time owners... ask yourself the question..with your current job salary could you afford to buy a house in the same area you live in ( without your current equity )? I too often encounter people that "got in" at an easier time trash all the people who cant afford buying a 600k house or renting a single family home for 3-4K a month (without roommates)

 

 COMMENT 510144 agree helpful negative off topic

2014-04-10 01:28 PM

I own an average size home in Goleta. I rent out 3 of the rooms. I have simple rules - there are 4 parking spots - park in one of them and never on the street, tell me when something is broken so I can fix it and be a good neighbor. I've never had a problem. 2 of the tenants travel frequently for their jobs. I travel frequently for mine. It basically boils down to 4 working people trying to figure it out, pay the bills and keep things on an even keel. We have a Get Off My Lawn who lives across the street and basically doesn't want any human or dog walking by her house - you're gonna have that - we put her on ignore status years ago. We don't allow our lives to spill beyond the borders of the property that I own. It doesn't take a lot of effort to be a decent person - all of us are focused on the paper chase - better things to do.

 

 COMMENT 510145 agree helpful negative off topic

2014-04-10 01:34 PM

044, that's the kind of neighbor we wish we all had.

 

 COMMENT 510154 agree helpful negative off topic

2014-04-10 02:15 PM

In Goleta this is what the Mayor, Mr. Bennett does! Rooms rented everywhere.

 

 ROGER DODGER agree helpful negative off topic

2014-04-12 07:00 AM

Maybe it's one of those illegal funeral homes I hear have been poping up across the country lately...Coming to a HOOD near you.

 

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