HomeMy WebLinkAboutOrd 1954ORDINANCE NO. 1954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME,
AilEND|NG TITLE 25 - CHAPTERS 25.08, 25.26, 25.59,25.60, AND 25.70
TO UPDATE EXISTING ACCESSORY DWELLING UNIT REGULATIONS TO
BE CONSISTENT wlTH RECENTLY ADOPTED AITEND]TENTS TO
CALIFORNIA GOVERNTENT CODE SECTION 65852.2 AND ADDITIONAL
CHANGES TO RETOVE CONSTRAINTS TO CREATING ACCESSORY
OWELLING UNITS.
The City Council of the City of Burlingame ordains as follows:
Division 1
WHEREAS, 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; and
WHEREAS, the revisions to State Law became effective on January 1, 2017 and the
City of Burlingame adopted revisions to its Zoning Code regulations creating consistency with
AB 2299 and SB 1069 on February 6, 20'17; and
WHEREAS, on September 29, 2017 , 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 ADU; and
WHEREAS, at its regular meeting of June 25, 2018, the Burlingame Planning
Commission reviewed proposed amendments to the Burlingame Zoning Regulations for
consistency and the Commission reviewed additional 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.
Division 2
Section 1: Burlingame Municipal Code Title 25 - Zoning is hereby amended as follows:
Chapter 25.59 Secondary Dwelling Units is replaced in total with the following text:
Chapter 25.59 ACCESSORY DWELLING UNITS
25.59.010 Purpose.
The purpose of this chapter is to regulate both existing and new accessory dwelling units
in residential zoning districts and on residential property consistent with state law (California
Govemment Code Sections 65852.1 through 65852.2). This chapter is intended to implement
the Housing Element of the Burlingame General Plan by providing for additional housing
opportunities. This will be accomplished by increasing the number of units available within
existing neighborhoods while maintaining the primarily single-family residential characler of the
area, and establishing standards for the development and occupancy of accessory units to
ensure that they are compatible with neighboring uses and structures, adequately equipped with
public utility services, safe for human occupancy, and do not create unreasonable traffic and
safety impacts.
An accessory residential dwelling unit which conforms to the requirements of this
chapter shall not be considered to exceed the allowable density for the lot upon which it is
located and shall be deemed to be a residential use which is consistent with the existing
General Plan and zoning designations for the lot.
25.59.020 Accessory dwelling unit permit procedure.
(a) Applications for such an accessory dwelling unit permit shall be in writing and
filed with the Community Development Director on a form approved by the Community
Development Director.
(b) As established by council resolution, a fee will be charged for an application for
an accessory dwelling unit permit under this chapter.
(c) \Mthin 120 days of receipt of a complete application, the Community
Development Director shall ministerially process for approval any application for an accessory
dwelling unit permit pursuant to this chapter. Upon finding that the performance standards set
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WHEREAS, at its regular meeting of September 4, 2018 the Burlingame 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 25.70lo update existing Accessory Dwelling
Unit regulations to be consistent with recently adopted amendments to California Government
Code Section 65852.2 along with additional zoning code changes to the above stated chapters
to remove constraints to the creation of Accessory Dwelling Units.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
forth in Section 25.59.060 are met the proposal shall be approved ministerially without
discretionary review or public hearing and the applicant may proceed to acquire a building
permit. All accessory units are categorically exempt from CEQA pursuant to Sections15301 and
15303 of the ggq.,A guidelines. lf the application does not meet all of the requirements of this
chapter, the Community Development Director shall deny the application.
25.59.030 Appeal.
The applicant that requested the accessory dwelling unit permit may appeal the
community development directois denial of the request. The appeal shall be submitted to the
community development director in writing within ten (10) days after the date of the community
development director's decision. The appeal shall be heard by the planning commission in a
public hearing pursuant to the procedures established for discretionary actions in Chapter
25.16.
25.59.040 Revocation of accessory dwelling unit permit
(a) Grounds. An accessory dwelling unit permit granted pursuant to this chapter may
be revoked on any one or more of the following grounds:
(1) The performance standards outlined in Sections 25.59 are not being met; or
(2)
(3)
The accessory dwelling unit is no longer used for residential purposes; or
The parking required by Section 25.59 is no longer provided; or
(4) The primary single-family dwelling on the site is purposely demolished; or
(b) Notice. Written notice to revoke an accessory dwelling unit permit shall be served
on the property owner, as shown on the last equalized assessment roll, either personally or by
certified mail, and shall state:
(2) That the proposed action will be taken by the director of community development
unless a hearing before the planning commission is requested within fifteen (15) days after the
date of said notice. lf no response is received, the direclor of community development shall
forthwith revoke the accessory dwelling unit permit as set forth in said notice.
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(1) The reasons for the proposed revocation.
(c) Hearing. lf a hearing is requested, at least ten (10) days' notice thereof shall be
given to the requested party. At any such hearing the property owner shall call witnesses and
present evidence in his or her behalf. Upon conclusion of such hearing, the planning
commission shall determine whether or not the permit shall be revoked. Such determination
may be appealed to the city council in the same manner as for appeals taken on applications for
the granting of conditional use permits or variances.
25.59.050 Variances prohibited.
No variance under Chapter 25.54 shall be granted from any requirement of this chapter.
25.59.060 Performance standards for accessory dwelling units.
General Provisions. This section allows an accessory dwelling unit, either attached to
the main dwelling or detached in a separate structure to be created on lots which now contain
one single-family dwelling and meet the following criteria, upon approval of an administrative
accessory dwelling unit permit.
(a) Minimum Lot Size. The minimum lot size to accommodate an accessory dwelling
unit shall be no less than six thousand (6,000) square feet except for an accessory dwelling unit
created entirely within an existing (legal) structure there shall be no minimum lot size limit.
(b) There shall be no more than one accessory dwelling unit permitted on a lot which
contains no more than one primary single-family dwelling.
(c) The accessory dwelling unit shall not be sold separately from any part ofthe
property on which it is located.
(d) Unit Size. The floor area of the accessory dwelling unit shall not exceed six
hundred forty (640) square feet.
(e) Floor Area Ratio. The accessory dwelling unit shall fall within the total floor area
ratio and lot coverage allowed by the underlying zoning district.
(1) For attached units, the accessory dwelling unit shall comply with the setback,
height and declining height envelope regulations which apply to the underlying zoning district.
(2) For detached units, on single family zoned lots, the accessory dwelling unit shall
comply with the setback, height and window placement criteria for accessory structures
contained in Chapter 25.60, and shall meet the setback requirements, including exceptions for
accessory structures, contained in Sections 25.26.072 and 25.26.073.
(3) All detached units shall be limited to one story in height and shall not be
constructed above detached garages or detached accessory struclures except for accessory
dwelling units created entirely within an existing legal two-story detached accessory structure.
(S) Parking. On-site parking spaces based on the number of bedrooms in the
primary dwelling as required by Chapter 25.70 and parking requirements for an accessory
dwelling unit shall be as follows:
(1) Unless otherwise provided in this section, a minimum of one off-street uncovered
parking space shall be provided for the accessory dwelling unit in addition to the off-street
covered and uncovered parking spaces required for the main dwelling.
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(f) O(her Measurable Standards.
(i) Parking for the accessory dwelling unit may be in tandem with a required parking
space for the primary dwelling, meaning two or more cars located directly behind each other;
(ii) Parking for accessory dwelling units may be provided in the front setback or yard;
and
(iiD All parking shall be provided on a hard, all-weather surface and properly drained
to the public street.
(2) No parking space shall be required for an accessory dwelling unit in any ofthe
following instances:
(i) No on-site parking for the accessory dwelling unit shall be required if the
accessory dwelling unit is only used for'affordable housing'as defined in Chapter 25.63. As a
condition of approval under this subsection, the owner of the property will be required to enter
into and record an agreement generally in conformance with Section 25.63.040 to ensure
continued affordability of the accessory dwelling unit. A draft agreement shall be required at the
time of application submittal;
(ii) The accessory dwelling unit is located within one-half mile of a major transit stop,
as defined in California Public Resources Code q 21064.3 or included in the regional
transportation plan;
(iii) The accessory dwelling unit is located within a designated historic district;
(v) Vvhen on-street parking permits are required but not offered to the occupant of
the accessory dwelling unit; and
(vi) When there is a car share vehicle, in a location determined by the Community
Development Director to have at least three dedicated parking spaces, located within one block
of the accessory dwelling unit.
(h) Construction of the accessory dwelling unit shall comply with the all applicable
provisions of this title and all applicable building, health and fire codes; except for accessory
dwelling units constructed prior to January 1, 1954.
(D The new accessory dwelling unit shall incorporate the same or similar
architectural features, building materials as the primary single family dwelling located on the
property. Compatibility with the primary structure includes coordination of materials, roofing and
other architectural features, and landscaping designed so that the appearance of the site
remains that of a single-family residence.
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(iv) The accessory dwelling unit is construcled within an existing structure and is part
of an existing single family dwelling or an existing, authorized, permitted and finalized accessory
structure intended for human habitation;
0) lf the accessory dwelling unit is demolished, the accessory dwelling unit permit
shall lapse and be of no further force and effect, and all on-site parking requirements of Chapter
25.70 shall be met for the single family dwelling on the site.
(k) For existing accessory dwelling units constructed prior to January 1 , 1954 the
following additional criteria shall be met, in addition to subsections a-j above:
(1) The accessory dwelling unit shall conform to the requirements of the Califomia
Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by
Section 17922;
(2) An applicant for an accessory dwelling unit permit pursuant to this section that
has been granted on conditions that it conform to the requirements of this chapter may perform
work to bring the accessory dwelling unit into conformance, such as reducing the size of the
living unit, improving or constructing parking, and conecting violation of Health and Safety Code
Section 17920.3 and the Uniform Housing Code;
(3) Any remodeling affecting the exterior of the accessory dwelling unit shall be
matched to generally conform to the exterior treatment of the primary dwelling unit on the
parcel; and
(4) lf the accessory dwelling unit is destroyed or damaged by a natural catastrophe,
the accessory dwelling unit may be reconstructed in exactly the same envelope and floor area
as it existed immediately before the catastrophe or in conformance with the standards for new
accessory dwelling units contained in Section 25.59.
Section 2: Chapter 25.08 Definitions, Section 25.08.573 is repealed and replaced in total with
the following text:
"Accessory dwelling unit'means an additional residential dwelling unit on a parcel
occupied solely by a single-family residence that provides complete independent living facilities
for one or more persons. lt shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation purposes on the same parcel as the primary single-family dwelling is
situated in one of the following forms:
(a) Detached: The unit is separated from the primary structure
(b) Attached: The unit is attached to the primary structure
(c) Repurposed Existing Space: Space (e.9. master bedroom) within the primary
residence is converted into an independent living unit.
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25.08.573 Accessory dwelling unit.
Section 3: Section 25.08.647 is repealed and replaced in total with the following text:
25.08.647 Tandem parking.
"Tandem parking" is the parking of one vehicle behind another; except for parking for an
accessory dwelling unit where tandem parking is defined as two or more vehicles that are
parked on a driveway or in any other location on a lot, lined up behind one another.
Section 4: Chapter 25.50 Nonconforming Uses and Structures, Section 15.50.025
Expansion of nonconforming uses - R-1 zone is repealed and replaced in total with the
following text:
(b) Factors for determining the primary residence shall include, but not be limited to,
relative age, size and conformity with zoning requirements of the two (2) residences. The
property owner may request that the planning commission review any such determination by the
director of community development.
Seclion 5: Chapter 25.60 Accessory Structures in R-1 and R-2 Districts is repealed and
replaced in total with the following text:
Chapter 25.60 ACCESSORY STRUCTURES lN R-1 AND R-2 DISTRICTS
25.60.010 Conditional use pemit requirements.
(a) Two (2) or more accessory structures, each having over one hundred (120)
square feet gross floor area, will exist on a single lot, except that there may be two (2)
accessory structures if one is an accessory dwelling unit which complies with the provisions of
Chapter 25.59 and obtains an accessory dwelling unit permit;
(b) Any single accessory structure will exceed six hundred (600) square feet of gross
floor area; except that an accessory structure containing an accessory dwelling unit which
complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit
may be up to six hundred for$ (840) square feet;
25.50.025 Expansion of nonconforming uses - R-l zone.
(a) This section shall only be applicable to R-1 zoned parcels which contain two (2)
detached nonconforming residential units. Only the primary residence, as determined by the
director of community development, may be increased in footprint or in any exterior dimension if
the accessory detached unit is to be retained as a residential unit. A conditional use permit
pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only
maintenance and repairs as defined by the Uniform Building Code may be made to any
accessory dwelling unit. The floor area or footprint of such an accessory unit shall not be
expanded.
Accessory structures in the R-1 or R-2 Districls shall be a conditional use requiring a
conditional use permit if any of the following will exist:
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(c) All accessory struclures on a single lot will exceed a total of eight hundred (800)
square feet gross floor area; except that an accessory structure containing an accessory
dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory
dwelling unit permit may be up to six hundred forty (640) square feet;
(d) An accessory structure will occupy any portion of the lot in front of the main
building; provided, where a dwelling has been erected on the rear sixty (60) percent of the lot
prior to January 15, 1954, a garage may be erected in front of the main building, but not in any
portion of the front setback;
(e) An accessory structure will be erected closer than four (4) feet to any other
structure on the same lot;
(S) The plate line of the accessory structure will be more than nine (9) feet above
grade at the closest point between the plate line and adjacent grade;
(h) The roof height of the accessory structure will exceed ten (10) feet above grade,
except the height may be increased one foot for each foot of separation from an adjacent
property line, up to a maximum height of fourteen (14) feet, provided:
(1) \A/here the lot slopes more than ten (10) percent at the location of the accessory
structure, the maximum height shall be four (4) feet above the plate line;
(2) The portion of the structure at the rear property line may have a maximum height
of fourteen (14) feet if the struclure has a pitched roof on both sides and the rear plate line does
not exceed nine (9) feet above the natural grade;
(4) No portion of the space within any accessory structure between the top of plate
and the lowest portion of the roof structure including any dormer shall exceed seven (7) feet in
height.
(D Glazed openings of the accessory struc{ure will be within ten (10) feet of the
property line or any portion of a glazed opening will be higher than ten (10) feet above grade;
(0 Accessory structures will cover more than fifty (50) percent of the rear thirty (30)
percent of a lot;
(3) The roof height of an accessory structure may have a maximum height of fifteen
(15) feet above grade when the roof is pitched from ridge to plate on at least two (2) sides, and
the ridge is no closer than five (5) feet to a side propefi line, and the rear plate line does not
exceed nine (9) feet above the natural grade; and
O Water or sewer connedions to the accessory structure will exceed building code
minimums or the accessory structure will contain any shower, bath or toilet, except that an
accessory structure containing an accessory dwelling unit which complies with the provisions of
Chapter 25.59 and obtains an accessory dwelling unit permit;
(k) The accessory structure will enclose mechanical equipment, excluding air
conditioning equipment, which is designed to operate on a regular or continuous basis, which
may be objectionable because of loudness, hours of operation, odor or other reason, and which
is to be located less than twenty (20) feet from any struclure for habitation, or less than ten (10)
feet from any property line; provided such shall be allowed without a special permit if the
building official approves the structure as adequately sound insulated;
O Storage of household goods, tools or equipment in the accessory structure will
exceed ten (10) percent of the gross floor area of the main dwelling structure;
(m) Any portion of the accessory structure will be used for accessory living quarters,
recreation purposes or for use in a home occupation; except for an accessory structure
containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and
obtains an accessory dwelling unit permit does not require a conditional use permit;
(n) The accessory structure will be a greenhouse, trellis, lanai, patio shelter or
similar structure exceeding one hundred twenty (120) square feet of gross floor area.
Section 6: Chapter 25.26 R-1 District Regulations, Section 25.26.035 is repealed and replaced
in total with the following text:
25.26.035 Uses allowed with a special permit
The following are uses allowed in the district with a special permit:
(a) Attached garages for single-family dwelling units;
(e) An accessory structure that is in the rear of the lot and that is more than twenty-
eight (28) feet in width or depth, except that an accessory structure containing an accessory
dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory
dwelling unit permit;
(0 A direct exit from a basement to the exterior of the structure that is anything other
than a light or window well.
Section 7: Chapter 25.70 Off-Street Parking, Section 25.70.010 is repealed and replaced in
total with the following text:
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(b) Reduction in the number of parking spaces existing on site; except where the on-
site parking requirement is met per Chaplet 25.70 for the existing units on-site and the
reduction in the number of parking spaces is for the purpose of creating an accessory dwelling
unit which complies with the provisions of Chapter 25.59;
(c) Construction exceeding the limits of the declining height envelope;
(d) A detached garage exempt from setback restrictions located within the rear forty
(40) percent of the lot;
25.70.010 Vehicle parking spaces to be provided.
(a) Parking Required. At the time of erection of any building or structure, or at the
time any building or structure is enlarged or increased in capacity, there shall be provided off-
street parking spaces with adequate and proper provision for ingress and egress by standard
size automobiles.
(b) Parking with Remodel or Reconstruclion. When any building is remodeled,
reconstructed or changed in use by the addition of dwelling units, gross floor area, seating
capacity, change in type of use or intensified use, such additional garage or parking facilities as
may be required must be provided, except for accessory dwelling units approved per Chapter
25.59.
(c) Minimum Requirements. The regulations which follow are the minimum
requirements unless specific requirements are made for a particular use in a district. Additional
spaces may be provided. Unless othenrise expressly permifted by a section of this chapter,
parking required by this chapter is to be provided on the same lot as the use for which the
parking is required.
Section 8: Chapter 25.70 Off-Street Parking, Section 25.70.030 is repealed and replaced in
total with the following text:
The following are parking requirements for single-family dwellings.
(a) Parking Space Requirements. Each single-family dwelling shall provide off-street
parking spaces for at least two (2) vehicles, one of which must be covered by a garage or
carport. The following further requirements apply to certain additions and to new single-family
dwellings:
(1) An existing single-family dwelling increased in size to three (3) or four (4)
bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street
parking spaces to cunent code dimensions for at least two (2) vehicles, one of which must be
covered by a garage or carport;
(3) Forthe purposes of subseciions (a)(1) and (2) of this section, an existing garage
not less than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be
considered to provide two (2) covered off-street parking places;
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25.70.030 Requirements for single-family dwellings.
(2) A single-family dwelling hereaffer increased in size to five (5) or more bedrooms
and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking
to cunent code dimensions for at least three (3) vehicles, two (2) of which must be covered by a
garage or carport;
(4) For additions to existing single-family dwellings, an existing garage with an
eighteen (18) foot depth interior dimension shall be considered to meet the dimensional
requirements for a parking space.
(5) Bedrooms that are within accessory dwelling units shall not be counted toward
the overall number of bedrooms for the primary single family dwelling on the lot on which it is
located; parking for accessory dwelling units shall comply with Section 25.59.060(9).
(b) Parking Aisles and Driveways. Covered parking spaces shall have a twenty-four
(24) foot back-up area or be designed to be entered or exited in no more than three (3)
maneuvers. All spaces must allow entry in three (3) maneuvers in the foruvard direction.
(c) ParkingLimitations.
(1) A vehicle shall not be parked between a structure and the front or side property
line except in a garage, driveway or other approved parking; except for parking for an accessory
dwelling unit which complies with the provisions of Chapter 25.59;
(2) lnoperative vehicles, vehicle parts, boats and campers (as defined by Section
243 ofthe Vehicle Code) shall not be stored or parked in driveways or between a struclure and
front or side property line;
(3) Required covered parking shall not be provided in tandem configuration; except
for an accessory dwelling unit which complies with the provisions of Chapter 25.59;
(4) For an addition to an existing single-family dwelling and for accessory dwelling
units, required uncovered spaces may be provided in tandem configuration and may extend:
(A) ln areas with sidewalks, to the inner edge of the sidewalk,
(B) ln areas without sidewalks to five (5) feet from the inner edge of the curb,
(c)
pavement.
ln areas without either sidewalks or curbs, to five (5) feet from the edge of
This ordinance, or a summary as applicable, shall be published as required by law and shall
become efiective 3Gdays thereafter.
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Michael
Division 3.
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON,%SHRAI$, ORTIZ
Meaghan H l-Shearer, City Clerk
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l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 17h day
of September 17, 2018, and adopted thereafter at a regular meeting of the City Council held on
the 17m day of September, 2018, by the following vote:
COUNCILMEMBERS:-!@6 l(€-t 6rr,1 qxln
COUNCILMEMBERS: NONE