San Carlos easing ADU development

“In meeting with applicants and homeowners this has really been a challenge,” Mardesich said during a Planning Commission meeting Monday night. “[This] would be a substantial step in removing a barrier that has come up that we didn’t anticipate.”

To respect the frontage of the neighboring building, the second unit on a reverse corner lot would also have to align with the front setback of the neighboring home, Mardesich said, noting these changes would only apply to reverse corner lots.

An additional recommendation would change the ordinance language to clarify that junior accessory dwelling units can only be accommodated within a home’s existing walls or in a new home and cannot be developed through a home add-on, per the California Department of Housing and Community Development.

And language would be updated to clarify the prohibition of balconies, decks and open stair landings facing the rear and the nearest side property lines only applies to the second story of an additional unit. And the planning director would be given authority to decide whether a second-story window should be obscured, depending on the specifics of the lot compared to the neighboring lot.

“This seems to me like sensible cleanup and staff is always good at exercising level-headed and practical judgment so I’m supportive of the language proposed,” Planning Commissioner Jim Iacoponi said.

Since the city aligned with state ADU and JADU laws in 2020, Mardesich said the city has seen a substantial increase in the number of applications it processes for the additional units, from no more than 10 a year to more than 40 last year.

Under state law, jurisdictions must permit a property owner to build an ADU of at least 800 square feet with a maximum height of at least 16 feet and a property line setback of 4 feet. Mardesich said the 4-foot setback would only apply to a reverse corner lot property if the homeowner proved they could not place the unit anywhere else on their property to adhere to the city’s 5-foot expectation.

Looking to make the units even easier to build, Vice Chair Kristen Clements suggested the city look into potentially reducing setback requirements to zero depending on the circumstances of each lot. Some units in the city currently abut property lines but Mardesich noted those units were likely built before the city instituted a mandatory 3-foot setback for residential units which originated out of fire hazard concerns.

Planning Commission Chair David Roof spoke in favor of “maximizing the potential for ADUs in our city” but he would need more information on how the change would be implemented before he could share support for the idea. And City Attorney Greg Rubens said the issue could also complicate the city’s ordinance and how it is applied to each lot but said it could potentially be drafted fairly.

With the commission’s unanimous support for the staff recommendation, the proposal will be sent to the council which is slated to vote on the issue May 9. If approved by the council, the ordinance will come back for a second reading May 23 and would take effect June 23.

“I was happy to see we put into the zoning code reasonable rules for the particular situation of reverse corner lots because we all grappled with that,” Roof said. “To me, it seems like a fair change.”

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