Callen Reports
By Kate Callen
Cathie and Marc Umemoto in their backyard.
You only need to look at the picture.
This photograph shows Cathie and Marc Umemoto in the backyard of their Crown Point home in Pacific Beach. The stark yellow wall behind them is part of an unfinished accessory dwelling unit (ADU) that backs onto their property.
Construction of the two-story ADU, one of the largest in Crown Point, is stalled. It can only be finished if construction crews can work on it from the Umemotos’ yard.
At first, the couple was willing to set aside their dismay over the project and grant access. “We still wanted to be friends,” said Cathie. “I was going to plant a bamboo stand as a tall screen.”
They only asked for a letter of agreement absolving them of any construction-related liability. The contractor for owners Chris and Heidi Martin responded, in so many words: Pound sand.
Welcome to a San Diego ADU war zone, one of many battles sparked by a city government that rewards landholders who alienate their neighbors by overstuffing their lots.
Neighbors on Promontory Street rarely saw the Martins after they bought the house in 2022. The couple has yet to move in as full-time residents. On one of their infrequent visits, they mentioned putting a master bedroom over the main house. They dropped off boxes of See’s candies to surrounding homes.
Then the heavy equipment rumbled in.
“At the last second, the garage was torn down, and the foundation was jackhammered,” said Marc. “We didn’t know what was happening until the yellow wall was pulled up into place.”
Most ADU wars in San Diego begin the same way: a long silence, a sudden teardown, then a massive construction. Shocked neighbors always think they can seek redress from a responsible city government. They are always wrong.
Constituents who turn to the city for help become mired in a two-tier bureaucracy. The rank-and-file staff who deal with angry constituents understand their plight – and are powerless to fix it. The political chieftains who have power stay cocooned inside their City Hall fortress.
“The city inspector seemed sympathetic,” said Marc, “but he told us, ‘You have to check with my boss.’” Councilmember Joe La Cava, who represents Crown Point, told the couple through a staffer that nothing could be done.
Nothing can be done because “strong mayors” Kevin Faulconer and Todd Gloria, abetted by compliant City Councils, rammed through ADU density measures far more radical than the rest of California. In 2022, after public outrage over property line incursions boiled over, the City retreated from its zero-setback policy and adopted the state’s 4-foot setback code.
But city officials kept the zero setbacks in highly desirable coastal communities. They insisted that because the California Coastal Commission approved the earlier lax rules, the state board would have to approve the new rules.
“The city can’t blame this on the Commission,” said Marc. “There is no logical reason why San Diego can’t enforce its own setback rules in its own communities. And how can the City approve an ADU permit that can’t be fulfilled unless the builder trespasses on someone else’s property?”
Most ADU wars end in a Pyrrhic victory for the ADU owner and a lingering neighborhood feud. This Crown Point battle took an interesting turn after it was written up in the San Diego Union-Tribune.
The May 5 Sunday front-page story featured a picture of Marc in front of the yellow ADU wall. Titled “The Coastal Zoning Loophole ‘Pitting Neighbor Against Neighbor,’” the article reported the Umemotos are so worried about illegal intrusions that they were “installing cameras in case the contractor sneaks in and completes the work at night or some other time.”
Editordude: the image was too large to capture with one shot.
The couple has since received an outpouring of public support. Their street address was never published, but “you wouldn’t believe the amount of people driving by, walking by, taking pictures,” said next-door neighbor Don Hamiel.
“Thank-you” note.
A handwritten note said, “Thank you for standing up to this zoning injustice.” A Los Angeles family warned that their neighbor’s ADU contractor kicked down their fence and shouted, “Fuck you, sue me.” A Bird Rock lawyer enmeshed in his own ADU battle sent his business card. He is a Deputy City Attorney.
Amazingly, the Umemotos are hoping for a peaceful resolution. “The last thing we want is a conflict with a neighbor,” said Cathie.
What they do want is for homeowners looking to build ADUs to proceed carefully.
“There are people in coastal communities sitting down with their architects to plan this kind of project,” said Cathie. “I hope the publicity we’re received will make them stop and think.”