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San Mateo council introduces ADU ordinance updates to align with state law and clarify process
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Summary
Council accepted Planning Commission clarifications and introduced zoning changes to bring the city’s ADU rules into alignment with state law, clarify the discretionary ADU ("ADU Doctor") pathway, and expand voluntary parking options. The council approved two Planning Commission recommendations and set an appeals pathway to a city manager designee/hearing officer.
The San Mateo City Council introduced updates to the city’s accessory dwelling unit (ADU) ordinance on Jan. 20, moving to align local rules with state law and to clarify locally allowed objective standards.
Associate Planner Elizabeth Gagliardi told the council the proposed changes respond to California Department of Housing and Community Development (HCD) comments and include clarified definitions, removal of a variance reference for ADUs, alignment of ADU floor-area exemptions with state law, adjusted plate height (up to 18 feet for detached ADUs), expanded voluntary parking provisions, and refined rules for second‑story decks.
Staff reported the city has issued about 300 ADU permits since the current ordinance and logged about 19 ADU Doctor discretionary submittals (11 approvals) since 2022. The ADU Doctor remains an optional discretionary path for designs that exceed objective local standards (height, setbacks, daylight-plane, large decks) and would continue to require findings and an appeals process.
During deliberations the Planning Commission’s three additional recommendations were considered. The council voted (5–0) to incorporate two of those recommendations: clarify that the ADU Doctor may review any proposal that does not meet any objective standard (except FAR maximums), and to tighten the rule on second‑story balconies so they shall not face adjacent residential properties. The council retained an expedited appeals route: discretionary ADU appeals may be handled by the city manager designee (hearing officer) to avoid lengthy council timelines while preserving ministerial-ADU appeal rights required by state law.
If the ordinance proceeds as introduced, it will return for a second reading and adoption; staff said adoption would take effect 30 days after final approval and that they would update web resources and partner with the county ADU Resource Center on homeowner outreach.
