San Mateo to update ADU rules

“I’m shocked we don’t have 300 people in the room right now because the state has come in and dramatically changed our neighborhoods in ways people are not ready for,” said Mayor Joe Goethals.

Deputy Mayor Eric Rodriguez said he didn’t receive a single communication on the matter and called for enhanced outreach moving forward.

“We need to get the community involved,” he said.

The new state laws include overlapping assembly bills 68 and 881, which allow an ADU of at least 800 square feet that’s 16 feet in height with 4-foot side and rear setbacks to be constructed by right. The bills also allow two different kinds of ADUs to be built on single-family lots for a total of three living structures on one lot; they reduce parking requirements and force cities to ministerially approve a permit within 60 days of deeming an application complete, according to a report prepared by staff.

Another state law, Senate Bill 13, eliminated impact fees for ADUs smaller than 750 square feet, allows property owners to now live somewhere besides the primary dwelling or the ADU, and it also delays enforcement of certain building standards up to five years for requirements that do not violate the health and safety code, according to the report.

There are few areas in which cities can still exercise discretion in regulating ADUs, and the council discussed those areas during the meeting.

Asked whether to raise the minimum square footage provision for by-right ADUs from 800 square feet to 1,200 square feet, councilmembers agreed to stick with the former number. But they also directed staff to study a tiered increase based on lot size up to 1,200 square feet as well as allowing ADUs to include a maximum of three bedrooms rather than the proposed two.

Rodriguez wants ADU proposals above the minimum 800 square feet to see a standard entitlement process with the usual amount of neighborhood notifications rather than be approved by right.

“Obviously we do the minimum that the state requires, but if we’re going to go above and beyond that. … In those cases I’d prefer those above and beyond not be by right, but be more traditional, let neighbors talk about it,” he said.

Staff said they’ll explore a way to have increased notifications for applications above the minimum while keeping the entitlement process as streamlined as possible.

As for height, the council agreed to maintain the state’s building height minimum of 16 feet. Staff also recommended the council develop a maximum building height for ADUs to limit impacts to neighbors, but that didn’t happen during the meeting. Councilman Rick Bonilla felt ADUs should be allowed to be as tall as 24 feet in certain circumstances; and Rodriguez, citing recent discord in Redwood City due to concerns about ADU height, felt a maximum height should be established, but did not propose a specific number.

The council was also split as to whether to limit the size of an ADU when it and a junior accessory dwelling unit are on the same lot. In those situations, staff recommended the city limit ADUs to 800 square feet. Councilwoman Diane Papan agreed, noting that as many as nine working adults could be living in three structures on a single-family parcel with the new state laws in place.

“I’d like to see it limited because I worry about nine adults in one setting. I think that really changes the character for the neighbors around. We have to be conscious of both sides,” she said.

Councilman Rick Bonilla, on the other hand, felt the above living arrangement will be rare.

“People naturally limit how many people live in one place. … I think we’ve talked ourselves into an excited level over what could happen,” he said. “Most people don’t want to have another house in their backyard.”

A majority of councilmembers ultimately agreed not to limit ADU size in the above situations.

Councilmembers also agreed to continue banning short-term rentals in ADUs, and explore exemptions to parking requirements to account for additional parking needs associated with ADUs. They also want to allow existing ADUs that might not be up to code to remain as long as they meet health and safety considerations.

zachary@smdailyjournal.com

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