HomeMy WebLinkAboutReso - CC - 117-2018RESOLUTTON NO. {17 - 2018
A RESOLUTION OF THE CITY COUNGIL OF THE GITY OF BURLINGAME
FINDING THAT AOOPTION OF AXIENDI{ENTS TO T]TLE 25 -
BURLINGAME TSUNICIPAL CODE, THE ZONING ORDINANCE, CHAPTERS
2s.oa, 25.26,25.50, 25.59, 25.60, AND 25.70 TO UPDATE EXTSTTNG
ACCESSORY DWELLING UNIT REGULAT]ONS TO BE CONSISTENT WITH
RECENTLY ADOPTED ATIENDMENTS TO GALIFORNIA GOVERNITIENT
CODE SECTION 65852.2 AND ADDITIONAL CHANGES TO RETIIOVE
CONSTRAINTS TO CREATING ACCESSORY DWELLING UNITS, IS
STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONiIIENTAL
QUALIW ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION
r5282(H) WHTCH EXEiIPTS THE AOOPTTON OF AN ORDTNANCE
REGARDING SECOND UNITS IN A SINGLE FAMILY OR MULTIFAMILY
RESIDENTIAL ZONE BY A CITY TO TTUIPLEMENT THE PROVISIONS OF
SECTION 65852.1 AND 6582.2 OF THE GOVERNMENT CODE AS SET
FORTH IN SECTION 21080.17 OF THE PUBLIC RESOURGES.
THE CITY COUNCIL OF THE CITY OF BURLINGAME hereby finds as follows:
Sec'tion 1 . On September 19, 2011 , the City Council adopted Ordinance 1865, the
cunent Secondary Dwelling Unit regulations.
Section 2. On September 27, 2016 Governor Jerry Brown signed AB 2299 and SB
1069 into law. This legislation amends Government Code Section 65852.2, the regulations for
accessory dwelling units (ADUs, previously refened to as'Secondary Dwelling Units'). The
amendments are intended to streamline housing production in the face of the State's ongoing
housing crisis by making it easier for property owners to construct an accessory dwelling unit
associated with a single family dwelling. The City of Burlingame adopted revisions to its Zoning
Code regulations creating consistency with AB 2299 and SB 1069 on February 6, 2017 .
Section 3. On September 25, 20'17 , Governor Brown signed additional legislation
(SB 229 and AB 494) that provides clarification on the creation of ADUs. The bills became
effective January 1, 2018, and are intended to help clarify and improve various provisions of the
ADU law to promote the development of ADUs.
Section 4. At its meeting of June 25, 2018, the Planning Commission reviewed the
proposed amendments to the Burlingame Zoning Regulations for consistency with State Law. ln
addition staff brought fonrvard additional suggested changes to the zoning regulations (beyond
those required for state law compliance) in the interest of removing constraints to the creation of
ADUS, recognizing that ADUS are a way for the City of Burlingame to increase housing stock to
help address the regional housing shortage. The Department of Housing and Community
Development (HCD) acknowledges ADUs as 'housing units' that count toward the City's
Regional Housing Needs Assessment (RHNA) numbers. The suggestions were refened to the
Planning Commission's Neighborhood Consistency Subcommittee for study and then returned
to the Planning Commission, where the Planning Commission voted to recommend these
additional changes to the City Council, along with the changes required for compliance with
State Law.
Section 5. At a public hearing held on September 4, 2018, the City Council
introduced an ordinance amending Title 25 - (Zoning Code) of the Burlingame Municipal Code,
Chapters 25.08, 25.26,25.50,25.59, 25.60, and 25.70 to update existing Accessory Dwelling
Unit regulations to be consistent with recently adopted amendments to California Government
Code Section 65852.2 Related to Accessory Dwelling Units along with additional zoning code
changes to the above stated chapters to remove constraints to the creation of Accessory
Dwelling Units.
Section 6. The proposed amendments to the zoning code related to accessory
dwelling units are Statutorily Exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines section 15282(h) which exempts the adoption of an ordinance
regarding second units in a single family or multifamily residential zone by a city to implement
the provisions of Section 65852.1 and 6582.2 of the Govemment Code as set forth in Section
21080.17 of the Public Resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIry OF
BURLINGAME THAT adoption of the amendments to Title 25 (Zoning Code) of the Burlingame
Municipal Code, Chapters 25.08, 25.26,25.50, 25.59, 25.60, and 25.70 lo update existing
Accessory Dwelling Unit regulations to be consistent with recently adopted amendments to
California Government Code Section 65852.2 Related to Accessory Dwelling Units is Statutorily
Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
section 15282(h) which exempts the adoption of an ordinance regarding second units in a single
family or multifamily residential zone by a city to implement the provisions of Section 65852.1
and 6582.2 of the Government Code as set forth in Section 2'1080.17 of the Public Resources.
ru:^J/
Mi IB , Mayor
by certify that
the foregoing resolution was adopted at a regular meeting of the City Council held on the 17h
day of September,2018 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, SEEffil3, ORTIZ
COUNCILMEMBERS: dr''UID I<€I qH4An
2
COUNCILMEMBERS: NONE
n Hassel-Shearer, City Clerk
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do