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Zoning officer approves ADU above garage in Miramar, waives one parking space
Summary
San Mateo County approved a 506-square-foot attached accessory dwelling unit (ADU) over an existing garage at 201 Magellan Avenue in Miramar, granting setback and window exceptions due to parcel constraints and waiving a required off‑street parking space via use permit.
A San Mateo County Zoning Hearing Officer on May 1, 2025, approved a use permit for an attached 506-square-foot accessory dwelling unit at 201 Magellan Avenue in Miramar, allowing windows above 10 feet and a minor stair encroachment into a required side-yard setback and waiving a required single off‑street parking space.
The decision is significant because the parcel is legally nonconforming and constrained by a deed restriction tied to coastal development review that limits buildable area; staff concluded the ADU would not harm neighborhood character or public welfare and is consistent with county ADU and coastal-zone regulations.
Angela Chavez, planner for San Mateo County Planning and Building, told the hearing the parcel sits west of Cabrillo Highway within the Cabrillo Highway State Scenic Corridor and abuts county parkland managed as part of the Miramar (referred to in the staff presentation as Murata Surf) County Park. Chavez said the ADU is proposed over the existing garage and that the unit’s height does not exceed the existing house. She explained the ADU requires a use permit because stairs encroach a few inches into the side-yard setback and because some windows are located above the 10-foot threshold in the ADU regulations.
Chavez said the parcel’s unusual U-shape and a deed restriction recorded under prior Coastal Commission review limited stair placement options. She said staff found the proposed windows do not create privacy impacts and that the ADU conforms to height and coverage standards. Because the existing driveway largely falls within public right-of-way and a deed restriction limits other modifications, staff recommended waiving the off‑street parking requirement under the ADU regulations.
Applicant David Hodge, who applied for the use permit, said he concurred with staff’s findings and conditions. Chavez recommended approval with the findings and conditions in Attachment A of the staff report. The Zoning Hearing Officer approved County File PLN2024-00280 subject to those findings and conditions and noted the same appeal process and fee schedule (appeals due in writing by May 15, 2025, at 5 p.m.; appeal fee stated at hearing as $1,962).
The planner noted the project is exempt from CEQA under the accessory-dwelling-unit exemption for residential zones. The officer closed the hearing after stating the decision and appeal instructions.
