Callen Reports
By Kate Callen
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.”
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.
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.”
I hope they hold their feet to the fire with a large middle finger pointed at them. It’s amazing what this has become. I recently went to the Nashville area and the towns south of there. There’s no recycling. There’s no solar. The biggest issue is what you’re going to mow your yard with because the weed grass grows so fast, it’s used for cattle feed, and the yards are 2+ acres.
Great article Kate! I do hope the Umemoto’s hold their feet to the fire. This was/is another lack of common sense, issue the mayor and council reps approved. And no one in DSD said to Todd Gloria, this is not going to work? Why, because as a strong mayor form of government the voters voted in a few years ago, he can say to the Dept. heads, you don’t like what I said to do, fine, you’re fired. They work, “at the will of the mayor”. They’re appointed by the mayor as are Planning Commissioners, and other Boards within the City. A Strong Mayor Form Of Government, needs to be voted on again and get it back to the City Council makes the decisions, and they would want to keep their constituents happy, or deal with their wrath.
No one gets to tell Todd no and live to tell the tale. All the department heads fear being made an example of. Even when he shouldn’t have a say he appoints people to carry out his dirty work. Just look at what happened to the former Personnel director. Fired because he didn’t want to roll back protections and wanted to protect the merit based system.
More attention needs to be paid to the fact that the City’s DCCO is sisters with the second-in-command at DSD.
That’s not a neighbor. It’s an investor/developer. I’m surprised it’s not worse. Under current ADU laws they could build a 30ft wall on most of the property line. Good for the neighbor for standing up for himself.
However, DSD (San Diego Development Services Dept) is correct that the old zer0-setback code still applies here because that is what is certified by the Coastal Commission…. yet DSD routinely permits builds to follow the current codes which are NOT certified by Coastal. And it’s not on purpose, as they really have no coherent system for enforcing what is and isn’t in effect here.
In other words, DSD is acting in violation of the Local Coastal Program, and therefore state law.
I don’t know if the bonus ADU law is being used on this one, but that was passed quietly by city council during Covid shutdowns. City staff represented that it was largely driven by new state laws, which is completely untrue. Nothing in state law required cities to allow unlimited density.
The only silver lining of some of these massive ADU builds is that they are prohibited from Airbnb use. … Although the main house can still go on airbnb, AND the city has been caught issuing STR licenses to ADUs anyways!
Thanks for exposing the why behind what otherwise might seem an outlier situation. Bad judgment abounds in a permitting process that allows owners and builders to thumb their noses at neighbors’ concerns. And the city’s pretence that it has no discretion is fundamentally dishonest.
Editordude: those who wish to respond to Kate’s post can do so, just be civil and leave a real name or handle, not “xyz”, and a real email address that only the administrator can view.
I know Cathie and Mark very well and it’s terrible what’s happening to them. Todd Gloria and the whole city council needs to go. They do not care about San Diego residents and our quality of life!
Hello OB,
Marc and I are so grateful to the Rag and to Kate for bringing our story to all of you! We know that OB residents suffer from the same developer nightmares that we do in PB. We sincerely hope that by standing our ground we will send a message to developers throughout the coastal zone.
Thank you for your comments, they mean a lot to us!!
Peace,
Cathie
Dear neighbors, Cathie and Marc;
I’m so sorry this is happening to you.This is so stressful, I’m sure. Inconsiderate, confrontational and entitled neighbors, are not the norm in Crown Point. You have a beautiful community that loves you. Thank you for going public and bringing awareness, it takes a lot of courage.
Thank you Cathie and Marc for going public. I know it’s not easy. Your community service is very much appreciated.
While I understand that Mr. Umemoto is frustrated with the ADU going up next door, I can’t help but think that he’s shooting himself in the foot here. It’s been months since the original article was published, and I recently drove by the property — the ADU is still sitting there with that unsightly yellow sheathing. I get that this situation is stressful, but keeping the construction unfinished just makes everything look worse.
By refusing to let the contractor finish the job, Mr. Umemoto is ensuring that his backyard remains in the shadow of this incomplete eyesore. A finished and painted ADU would objectively look much better than a half-built one with exposed sheathing. At the end of the day, it’s his own property value and peace of mind he’s hurting. This isn’t about “fighting zoning injustice” anymore — it feels more like cutting off his nose to spite his face.
Also, I find the claim about the contractor telling the Umemotos to “pound sand” over a liability waiver to be a bit dubious. Why on earth would the Martins want to leave their ADU unfinished instead of signing a simple indemnification agreement? It doesn’t make sense that they’d risk dragging this conflict out when a practical compromise could get the job done.
Sometimes, even if you don’t like it, letting progress happen might be the best option for everyone involved.
Byron: You look and sound like a nice person. I’m not. Oh, I like dogs and babies and a night of dancing, but let a person exhibit a smidgeon of disrespect towards me or others and I’m ready to go toe to toe for as long as it takes. In my opinion, Mayors Faulconer & Gloria ruined San Diego by giving this city the most permissive zoning & building laws in the USA. A rich couple bought this home in 2022 to become richer, not to move in and spend the next 20 years as part of the community. A 2-story ADU in a backyard! I don’t care that it’s “legal” in San Diego. It’s a slap in the face to the neighbors. Stucco or wood siding will NOT make that thing cute and acceptable! Do we have all the facts? No. But this ADU story reeks of nasty people and I don’t mean the Umemotos! See’s Candy. How about the owners make a single-level ADU.
Couldn’t agree more with you, Trudy. “Since they’ve already mostly ruined your backyard, you might as well let them finish it” is not helpful. Besides, while that wall is a looming eyesore, at least for the time being they still have some measure of privacy since no one has moved in. Let the “investors” go broke on this project so the won’t simply repeat the scheme on a different street.
Byron: Are you talking about progress: provide affordable housing?
In San Diego over 90% of ADUs are rented at “moderate” = market rate. $2,400/500 sqft.
Are the new owners really good people who plan to rent the ADUs at the rate suitable for very low or low income people who desperately need affordable housing? Will they write this in the deed of the property and keep this rate 15 years, and accept enforcement by the SD Housing Commission?
Crown Point RE sells for over $1,000/sqft. Are the new owners humanitarians or RE investors?
“They only asked for a letter of agreement absolving them of any construction-related liability.”
I don’t see why a neighbor would want such an agreement nor can I imagine any scenario where they would need to be absolved of any construction-related liability. The contractor should have insurance to cover any construction-related issues. The contractor’s response was rude, a simple explanation would have been much nicer.
Sometimes, even if you don’t like it, just because it’s “legal” doesn’t mean you should do it. Common sense and common courtesy are getting buried under the guise of profits.
Ah yes, while it might be an eyesore to you it’s getting lighter every week. Eventually it will bleached to match the current investment property it’s attached to. Problem solved. The unfortunate side is the seam tape will not last and will eventually fail. That will allow moisture to infiltrate the walls and breed the infestation of mold and mildew. Yes, this could have been mitigated if the contractor would have signed the agreement. Wouldn’t have cost a cent and the job would have been complete. Sometimes in life we suffer in order to make things better. Perhaps this is one of those times.
byron, we can all speculate, but maybe the martins could just explain themselves and their side of the story here. but, sadly, does anyone really think that’s going to happen?