As San Mateo officials grapple with ramifications from a state law aimed at increasing housing density in single-family zoning, the council plans to follow state minimum guidelines around lot splits and not allow local exceptions.
Following Senate Bill 9 implementations in January, cities are attempting to blend SB 9 housing requirements around duplexes and lot splits with local needs. The law requires municipalities to approve up to two residential units in single-family zoning, like duplexes, and to provide opportunities for lot split approval. SB 9 requires cities to allow at least two units per split lot, but it gave local flexibility to allow up to four dwelling units per split lot, consisting of two main units, an accessory dwelling unit, and a junior accessory dwelling unit. The council decided against going beyond state requirements at a June 6 special meeting, with several councilmembers directing staff to follow the minimum restrictions required by the state. Councilmember Eric Rodriguez wanted to maintain as much local control as possible for residents and future councils. He suggested limiting two units per urban lot split, like most neighboring jurisdictions. The city currently has one application for a lot split at this time.
“I do not think SB 9 is in the best interests of San Mateo residents, and I believe that, in general, San Mateo residents are in the best position to determine what’s best for San Mateo and San Mateo residents,” Rodriguez said.
Deputy Mayor Diane Papan wanted two units per urban lot split and city discretion in unit size if it was beyond 800 square feet. She said everyone acknowledges the housing shortage, but she felt going with two units did not mean the city was ignoring the housing shortage.
“I looked at every other jurisdiction, and they all stayed at two as the minimum that is required by SB 9,” Papan said.
The state passed the law in 2021 to improve the lack of housing, with cities unable to deny eligible SB 9 projects unless it affects public health or safety. However, it cannot be in a historic district or property, remove affordable housing, be occupied by a tenant in the last three years or demolish more than 25% of an exterior wall during construction. The council also discussed individual unit sizes, with cities required to allow a unit size of at least 800 square feet, but larger policy options are available. Papan and Rodriguez said that if the city goes beyond 800 square feet, they wanted city discretion and transparent standards for the public.
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Mayor Rick Bonilla noted SB 9 increases density in parts of the city where it wouldn’t usually happen and addresses the crucial housing shortage. He suggested larger unit sizes than the 800 square feet minimum and allowing lot splits up to four to increase units. Bonilla also wanted the city to explore more duplex splitting options in R-2 zoning areas, which are multifamily residential districts.
“I am interested in increasing the density and allowing more development rather than less,” Bonilla said.
The council’s June 6 special meeting focused on zoning code requirements around urban lot splits, a maximum lot split, unit sizes and open space standards. The council held a Feb. 22 meeting and recommended increasing demolition limits from 25% to 50% and more public notice. The city will now take council direction and create a draft ordinance. Additional community outreach will occur in the summer, with a third council study session in the fall.
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