The San Marino City Council recently discussed ways to amend the municipal code to implement state law regarding accessory dwelling units, or ADUs.
During the Feb. 23 City Council meeting, Community Development Director Isidro Figueroa led the public hearing to present the ADU ordinance staff drafted for the Council’s consideration. The draft, which the Planning Commission voted to recommend in November 2023, updates the municipal code to make it consistent with recent changes to state law.
City Council has expressed support of the development of ADUs and junior ADUs to help provide additional housing options throughout the city as part of the fifth housing element cycle update, with the sixth housing element cycle update currently going through the state’s certification review process, Figueroa said.
“Cities have little discussion and limited authority to adopt local regulations or restrictions when it comes to ADUs and junior ADUs,” said Figueroa, who noted that the proposed amendments in the draft are required for the ordinance to be compliant. According to the California Department of Housing and Community Development, junior ADUs “are allowed to be created within the walls of a proposed or existing single-family residence and shall contain no more than 500 square feet.”
Council members pushed through to make what they felt would be necessary changes to move the first reading forward. The draft’s second reading was scheduled for discussion at the March 13 City Council meeting, which occurred after the Tribune’s press deadline.
Councilman Steve Talt cited an area within the draft regarding the height of ADUs, which read: “The attached ADU also shall not exceed 25 feet in height, as measured from the datum point or the height limit in the underlying zone, whichever is lower, unless it is a JADU that is located entirely within an existing structure. Notwithstanding the foregoing, an attached ADU may not exceed two stories.”
Instead of measuring the height of the ADU from the “datum point” or the height limit in the underlying zone, Talt proposed that the height might be better measured based off of the height of the primary residence.
“I would like to see us put that in there and see if the state agrees with that interpretation, because otherwise I see our design standards, I see our density standards, I see everything else being thrown out the window,” Talt said.
Another area of concern included vague language and lack of clear definitions.
Vice Mayor Gretchen Shepherd Romey pointed out terminology that she thought might stir up confusion among homeowners, such as the use of “major public transit hub” and “major transit stop,” without being defined.
“I love to go through things with multicolored pencils and highlighters and spend a lot of time with this, but I don’t imagine the average homeowner who wants to build an ADU is going to,” Shepherd Romey said.
Another word that didn’t sit right with Shepherd Romey was the use of “feasible” when referring to trees. The current verbiage in her opinion is too vague: “Applicants shall locate and design ADU/JADUs so that the retention of established, heritage, or oak trees is accommodated whenever feasible unless doing so prohibits the development of an ADU/JADU as required by the Government Code,” according to the draft.
Trees, Shepherd Romey said, is a subject her constituents are particularly passionate about.
“I don’t know about other Council members, but one of the things I get calls, comments and texts most about is the removal of trees … so I would like to see the language be clear,” she said.
Both staff and City Council expressed hope that the ordinance will be adopted. If adopted, the ordinance will undergo evaluation by the state Department of Housing and Community Development.
First published in the March 14 issue of the San Marino Tribune
