CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 26-10864 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 02, 2026
SUBJECT:
Accessory Dwelling Unit Ordinance - Zoning Code Amendments — Ordinance Adoption RECOMMENDATION:
Adopt an Ordinance to amend San Mateo Municipal Code Chapter 27.19, “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones” to address comments from the California Department of Housing and Community Development (HCD) to align with current state law, and to address Housing Element programs, and find it exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines.
BACKGROUND:
On January 26, 2026, the City Council introduced an Ordinance (Attachment 1) to amend San Mateo Municipal Code Chapter 27.19, “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones” to address comments from the California Department of Housing and Community Development (HCD) to align with current state law, and to address Housing Element programs, and find it exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines. The City Council also amended the Ordinance to allow for discretionary review where an ADU was not in full compliance with “any objective standard” including previously identified standards in the draft ordinance such as height and setbacks. The Council also specified that second-story decks may not “face adjacent residential properties” instead of a requirement to only face the interior of the subject property. A draft ordinance with tracked changes is included as Attachment 2.
If adopted, the Ordinance will become effective 30 days after adoption. In addition, the City is required to submit the adopted Ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption for final review and acceptance by the State. If HCD identifies any inconsistencies between the City’s Ordinance and State law, a follow-up code amendment may be required. However, based on prior discussions with HCD and internal review, the draft Ordinance appears to be fully consistent with State law.
Upon adoption of the ADU Ordinance, staff will update all ADU-related handouts, educational materials, and website content to reflect the revised requirements for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
BUDGET IMPACT:
No budget impact is anticipated as a result of this Ordinance adoption.
ENVIRONMENTAL DETERMINATION:
The proposed ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines because it is an
CITY OF SAN MATEO
accessory dwelling unit ordinance that is implementing the provisions of the Government Code related to ADUs and JADUs.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Draft ADU Ordinance
Att 2 – Draft ADU Ordinance Tracked Changes
STAFF CONTACT
Chantal Eaton, Deputy City Clerk
[email protected]
(650) 522-7044