Location of 5030 project site
  • Location of 5030 project site
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A lawsuit brought by the College Area Residents Association to stop the construction of a 91-unit quasidorm in a neighborhood of single family homes settled quietly at the end of September, according to court records and involved parties.

The residents had won a temporary restraining order and a preliminary injunction to halt construction of the building, arguing that the approval by city council was based on a 10-year-old environmental review for a much smaller sorority house that was never constructed on the 1.5-acre lot.

The settlement was announced at a College Area Community Council and Planning Board meeting Wednesday night.

"Capstone has revised the plan, reduced the number of units and beds," said Susan Hopps-Tatum. "They really did try to come up with ways to reduce impacts on our residential neighborhood."

The details of the settlement are confidential, Capstone partner Chad Izmirian said. New plans are being filed with the city development services department.

"We are pleased that this is resolved, that's all I can say," Izmirian said.

The building, called 5030, is being built on San Diego State University Foundation land, and will revert to the university in 50 years, but the university can purchase it after 10 years, according to the plan.

Classified as a multi-unit plan, the building will meet SDSU standards for student housing and be policed by SDSU cops and managed by SDSU residence managers. It will have up to four beds per apartment, and be leased by the bed. Residents must be enrolled in SDSU. But, Capstone maintains, it is not a dorm.

The planning group voted against the project in June 2015 and the planning commission also rejected it. But the city council approved the project months later.

The lawsuit named the city as a defendant, as well as Capstone. Winning the restraining order and preliminary injunction indicated that the residents association was likely to prevail at trial, Judge Tim Taylor noted.

Image of the west side of the proposed building at 5030 College Avenue before changes.

Image of the west side of the proposed building at 5030 College Avenue before changes.

Capstone agreed to reduce the building size on the south and west sides to put in more landscaping and to reduce the number of beds in some units, said Rhea Kuhlman, a planning board member.

"They will take it down to two stories on the west side and the south side will have the building step down to two stories instead of being a four-story wall against the lovely family homes on Cresita Drive," Kuhlman said. "They made some very sensitive changes to address the lack of transition from a residential neighborhood to a four-story building."

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Visduh Oct. 15, 2016 @ 4:16 p.m.

Is the new number a big secret? Just how many fewer units and fewer beds? Inquiring minds want to know.

Whatever the agreement now calls for, this comes across as a typical developer ploy that is done over and over in the city and all through the county. And what's the ploy? Simply put, you ask for more than you expect to get (and maybe even more than you would ever want.) The neighbors howl, and then you meet with them and the city or county and negotiate a "compromise." Everybody knows that compromises are good, don't they? Oh, they don't? Hmmm. Well, after the negotiation, everyone walks away satisfied, or at least as satisfied as they think they can be with a lousy deal. But usually the developer is very content, having gotten everything he wanted or at least hoped to get.


Dave Rice Oct. 16, 2016 @ 9:21 p.m.

Meets SDSU standards for student housing. Will be policed by SDSU cops. Will be managed by SDSU resident managers. Occupants must be enrolled in SDSU. Four beds per apartment, each bed is rented individually.

Is not a dorm.

Does not compute.


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