SAN DIEGO, Calif. (FOX 5/KUSI) -- A group of neighbors in Clairemont have taken their fight against a "bonus" ADU project up a notch. They're suing the city and a group of developers over a project that includes a dozen units on one property.
"Transparency and the ability to know what's going on in the neighborhood was virtually impossible for them," said Craig Sherman, attorney at law.
Sherman says he had to file a lawsuit just to get proper records from the city of San Diego about the development at 4602 Shoshoni Ave. Neighbors are now suing the city and developers, including SDRE Homebuyers LLC, over several concerns.
"The claims are principally that it's not a transit-oriented development based on its location. The lot has constraints, a steep hillside, and what you see is developers or an opportunist finding these constrained lots," said Sherman." Small houses, bigger lots where they can shoehorn in as many units as possible in these predominantly single-family residential neighborhoods."
The plan on Shoshoni Avenue is to build 10 units in five two-story buildings plus the home, which will include converting the garage into another ADU.
Developers taking advantage of the city's "bonus" ADU program get to build one market rate ADU for every "affordable" ADU. The amount is essentially unlimited.
"Nobody in the state of California, as far as we know, is doing anything like what the city is doing," said Danna Givot, vice chair for Neighbors for a Better San Diego.
The nonprofit has been tracking these projects closely. Givot says data she requested from the San Diego Housing Commission as of Dec. 2 shows no completed "bonus" ADU project so far has reported providing a truly low-income unit.
"Every single one has been at 110% of the area median income for 15 years. Those rents for a studio at this time are $2,300 a month," said Givot. "For a one bedroom, like what they're building right behind us, those will be $2,629 a month."
Givot says the Clairemont Mesa planning area is currently absorbing most "bonus" ADU projects citywide.
Shoshoni Avenue neighbor Jerry Rapp recently created the website limitadus.com to explain their fight, continue fundraising for their legal fees, and for it to serve as a resource for other neighborhoods facing the same issue.
"We put out there on a PDF our lawsuit claims that we've submitted to the court, so go out there and pick it up and use it to fight your battles and help us fight the city as well," said Rapp.
The city of San Diego says a building permit was issued for 4602 Shoshoni Ave. in late November, but did not give any other details about the status of the project.
A lawyer representing SDRE Homebuyers LLC said because this project is now involved in active litigation, they will not be commenting. A hearing for the lawsuit has been scheduled for May, but residents here want their case heard as soon as possible.