HomeMy WebLinkAboutOrd 20351
ORDINANCE NO. 2035
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AMENDING BURLINGAME MUNICIPAL CODE CHAPTER 25.40 OF ARTICLE 3;
CHAPTER 25.48 OF ARTICLE 4; CHAPTER 25.60 OF ARTICLE 6; CHAPTER 25.88
OF ARTICLE 6; CHAPTER 25.98 OF ARTICLE 6; AND CHAPTER 25.100 OF
ARTICLE 7, RELATED TO ACCESSORY DWELLING UNITS; CEQA
DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES
SECTIONS 15282, 15378, AND 15061(b)(3)
WHEREAS, the State of California has enacted legislation to encourage the construction
of accessory dwelling units and junior accessory dwelling units in single-unit and multi-unit
residential zones, as further defined in this ordinance; and
WHEREAS, the State of California has subsequently amended State law to implement
various changes regarding regulation of accessory dwelling units and junior accessory dwelling
units; and
WHEREAS, Government Code Sections 66310-66341 require the City of Burlingame to
adopt zoning regulations in compliance with State law regarding accessory dwelling units and
junior accessory dwelling units. The proposed amendments to the City’s Zoning Ordinance
(Title 25 of the Burlingame Municipal Code) will ensure that the City’s Municipal Code is
consistent with adopted State regulations and to help clarify and improve various provisions of
the accessory dwelling unit law to promote the development of accessory dwelling units and
junior accessory dwelling units; as reflected in the edits to Title 25, Chapters 25.40, 25.48,
25.60, 25.88, 25.98, and 25.100 of the Burlingame Municipal Code; and
WHEREAS, this Ordinance was considered by the Planning Commission of the City of
Burlingame on November 25, 2024, at which time it reviewed and considered the staff report
and all other written materials and testimony presented and recommended to the City Council
that it adopt amendments to Title 25 (Zoning Code) of the Burlingame Municipal Code to amend
Chapters 25.40, 25.48, 25.60, 25.88, 25.98, and 25.100 to update existing accessory dwelling
unit regulations to be consistent with adopted amendments to California Government Code
Sections 66310-66341; and
WHEREAS, the City Council wishes to amend Title 25 – (Zoning Code) of the
Burlingame Municipal Code, Chapters 25.40, 25.48, 25.60, 25.88, 25.98, and 25.100 to update
existing accessory dwelling unit regulations to be consistent with adopted amendments to
California Government Code Sections 66310-66341.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS
AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein
by this reference as if fully set forth in their entirety.
Section 2. The City Council finds this Ordinance is in the public interest.
Section 3. The City Council find this Ordinance to be Statutorily Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15282(h) which
exempts the adoption of an ordinance regarding accessory dwelling units in a single -family or
multifamily residential zone by a city or county to implement the provisions of Sections 66310-
66341 of the Government Code as set forth in Section 21080.17 of the Public Resources Code .
In addition, the proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines
section 15378 because the proposed Ordinance is not a “project” within the definition of CEQA.
Furthermore the proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines
section 15061(b)(3) because the proposed Ordinance can be seen with certainty to have no
possibility of a significant effect on the environment.
Section 4. The “Residential Uses” portion of Table 25.40-1 of Section 25.40.030A, of Article 3 of
Title 25 of the Burlingame Municipal Code is amended to read as follows:
Table 25.40-1: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
Residential Uses
Dwellings
Accessory Dwelling Units Per Section 25.48.030.H. (Parking)
Single-Unit Dwelling See Section 25.40.030.B.
Two-Unit and Multi-Unit Dwellings
All zoning districts
except Downtown
Specific Plan, BRMU,
RRMU, NBMU,
and R-4
1 space for studio units
1.5 spaces for one-bedroom units
2 spaces for two-or more
bedroom units
0.5 spaces per unit for housing
occupied exclusively by persons
aged 62 or older
0.75 spaces for micro units
Guest parking:
1 additional guest parking
space shall be provided for
every 4 units for projects
greater than 10 units
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
3
Downtown Specific
Plan zoning districts,
BRMU, RRMU,
NBMU, and R-4
1 space for studio or one-
bedroom units
1.5 spaces for two-bedroom units
2 spaces for three-or more
bedroom units
0.75 spaces for micro units
No additional guest parking
spaces are required
All 80 percent of the total required parking spaces shall be
covered or within a garage or carport.
Caretaker Quarters 1 space per dwelling
Communal Housing 1 space per 1.5 occupants or 1.5 spaces per bedroom, whichever
is greater
Elderly and Long-Term
Care
1 space per 3.5 beds
Family Day Care
Small
Large
None in addition to what is required for the residential use
Same as dwelling type, plus 1 space for every 2 employees
providing day care services
Live/Work 1 space for studio or one-bedroom units
1.5 spaces for two-bedroom units
2 spaces for three or more-bedroom units
Section 5. Section 25.48.030, Accessory Dwelling Units, of Article 4 of Title 25 of the
Burlingame Municipal Code is amended to read as follows:
25.48.030 Accessory Dwelling Units.
A. Purpose and Applicability.
1. The purpose of this chapter is to regulate accessory dwelling units (ADUs) and
junior accessory dwelling units (JADUs) in compliance with California Government
Code Sections 66310 through 66341. 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 -unit
and multi-unit residential character of the area, and establishing standards for the
development and occupancy of accessory dwelling units and junior accessory
dwelling 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.
2. In cases of conflict between this chapter and any other provision of this title, the
provisions of this chapter shall prevail. To the extent that any provision of this
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
4
chapter is in conflict with State law, the applicable provision of State law sh all
control, but all other provisions of this chapter shall remain in full force and effect.
3. An ADU or JADU 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.
B. Definitions. The following terms shall have the following meanings for this chapter only
and shall supersede the terms defined by Chapter 25.106 (Land Use Definitions):
1. “Accessory dwelling unit” or “ADU” means an attached, detached, or interior
residential dwelling unit ancillary to a primary dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a
proposed or existing primary residence. It shall include permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the single -
unit or multi-unit dwelling is or will be situated. An accessory dwelling unit also
includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety
Code, and a manufactured home, as defined in Section 18007 of the Health and
Safety Code. This chapter recognizes three types of acces sory dwelling units as
defined below. Where a proposed accessory dwelling unit does not clearly fall into
one of the defined types, the Director shall make a determination pursuant to
Chapter 25.04 (Interpretation of the Zoning Ordinance).
a. “Attached accessory dwelling unit” or “Attached ADU” means an
accessory dwelling unit that is constructed as a physical expansion (i.e.,
addition) of an existing or proposed primary dwelling unit, including
construction of a new basement underneath a primary dwelling unit to
accommodate an accessory dwelling unit.
b. “Detached accessory dwelling unit” or “Detached ADU” means an
accessory dwelling unit that is constructed as a separate structure from
the existing or proposed primary dwelling unit; or contained within the
existing space of an accessory structure (as defined herein), including
construction of a new basement underneath an accessory structure to
accommodate an accessory dwelling unit.
c. “Interior accessory dwelling unit” or “Interior ADU” means an access ory
dwelling unit that is contained within the space of an existing or proposed
primary dwelling unit, including within its living area, basement, or
attached garage; or created from non-livable space of a multi-unit
dwelling.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
5
2. “Accessory structure” means a structure that is accessory and incidental to a
dwelling located on the same lot.
3. “Efficiency kitchen” means a kitchen that includes each of the following:
a. A sink and cooking facility with appliances (e.g., microwave, toaster oven
or hot plate).
b. A food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
4. “Junior accessory dwelling unit” or “JADU” means a residential dwelling unit that:
a. Is no more than 500 square feet in size;
b. Is contained entirely within an existing or proposed single-unit dwelling;
enclosed spaces within an existing or proposed single -unit dwelling, such
as attached garages, are considered a part of the single-unit dwelling;
c. Includes its own separate sanitation facilities (bathroom containing a sink,
toilet, and shower or tub), or may share sanitation facilities with the
existing or proposed single-unit structure; JADUs without a separate
bathroom shall include a separate entrance from the main entrance to the
single-unit dwelling, with an interior entry to the main living area of the
single-unit dwelling; and
d. Includes an efficiency kitchen, as defined in subsection B.3 above.
5. “Kitchen” means a kitchen that includes each of the following:
a. A sink and cooking facility (permanent stove and/or oven);
b. A refrigerator with separate doors for the refrigerator and freezer
compartments; and
c. A food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the accessory dwelling unit.
6. ‘Livable space’ means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
6
7. “Living area” means the interior habitable floor area of a dwell ing unit, including
basements and attics, but does not include a garage or any accessory structure.
8. “Multi-unit dwelling” means two or more attached primary residential units
contained on the same lot. Multiple detached single-unit dwellings on the same
lot are not considered multi-unit dwellings for the purposes of this chapter.
9. “Nonconforming zoning conditions” means a physical improvement on a property
that does not conform with current zoning standards.
10. “Passageway” means a pathway that is unobstructed clear to the sky and
extends from a street to the entrance of an accessory dwelling unit or junior
accessory dwelling unit.
11. “Public transit” means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the
public.
12. “Tandem parking” means a parking configuration where two or more automobiles
are parked on a driveway or in any other location on a lot, lined up behind one
another.
C. Applications and Processing.
1. An applicant shall submit a permit application for an ADU or JADU to the Building
Division which shall be considered by the Building Division ministerially and
without discretionary review or public hearing.
2. Within 60 days of receipt of a complete application, the Building Division shall
ministerially approve or deny any permit application for an ADU or JADU if there
is an existing single-unit dwelling or multi-unit dwelling on the lot. Incomplete
applications will be returned by the Building Division to the applicant and will
include in writing a full set of comments with a list of items that are defective or
deficient and how the application can be remedied by the applicant. If the
Building Division has not approved or denied the completed application for the
ADU or JADU within such 60-day period, the application shall be deemed
approved. Upon finding that the ADU or JADU meets the requirements of this
chapter, the application shall be approved. All ADU and JADU applications are
categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the
CEQA guidelines.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
7
3. If a permit application for an attached ADU or JADU is submitted with an
application for an addition to an existing single-unit or multi-unit dwelling or
construction of a new single-unit or multi-unit dwelling that is subject to design
review or other discretionary permit for the same parcel, the permit application for
the ADU or JADU shall not be acted upon until the application for design review
or other discretionary permit is approved or denied. Following the approval for
design review or other discretionary permit for the single-unit or multi-unit
dwelling, the complete permit application for the ADU or JADU will be
ministerially processed within 60 days and approved if it meets the requirements
of this chapter.
4. If the applicant requests a delay, the 60-day time period for approval shall be
tolled for the period of the delay.
D. Minimum Standards of Eligibility.
1. No minimum lot area is required for creation of an ADU or JADU.
2. An ADU or JADU shall only be allowed on a parcel which has been legally
created in compliance with the Subdivision Map Act and Title 26 (Subdivisions),
and where the ADU or JADU is developed with an existing or proposed single -
unit dwelling, except for ADUs constructed on multi-unit residential properties
pursuant to subsection E.9.
3. ADUs may only be permitted in districts zoned to allow single -unit dwelling or
multi-unit dwelling residential uses as a permitted use. ADUs are also permitted
on any parcel that has a current and valid nonconforming single-unit or multi-unit
residential use, so long as the ADU complies with all other portions of this
chapter.
4. JADUs may only be permitted in districts zoned to allow a single-unit dwelling
residential use as a permitted use. JADUs are also permitted on any parcel that
has a current and valid nonconforming single-unit residential use, so long as the
JADU complies with all other portions of this chapter.
E. General Requirements and Restrictions. The following requirements and restrictions
apply to all existing and new ADUs and JADUs, as applicable:
1. ADUs and JADUs shall comply with all applicable provisions of this title and all
applicable building, health and fire codes. However, ADUs shall not be required
to provide fire sprinklers unless required for the primary single-unit dwelling or
multi-unit dwelling structure.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
8
2. All development standards contained in the underlying zoning district, including
those in Article 2, shall apply to ADUs and JADUs unless they are inconsistent
with the provisions of this chapter, in which case the development standards of
this chapter shall apply.
3. Accessory Dwelling Units.
a. ADUs may be rented separately from the single-unit dwelling or multi-unit
dwelling structure but may not be sold or otherwise conveyed separately
from the other dwellings on the lot, except the ADU and single -unit
dwelling may be owned by multiple owners as tenants in common if the
single-unit dwelling and ADU were developed by a qualified nonprofit, as
that term is defined in Government Code Section 66340, and if all of the
provisions of Government Code Section 66341 are met.
b. ADUs may not be rented for fewer than 30 consecutive calendar days.
c. ADUs are not subject to any owner-occupancy requirement.
d. Interior Connection. Attached and interior ADUs may, but are not required,
to contain an interior doorway connection between the single -unit dwelling
and ADU.
e. Permanent Foundations.
i. All ADUs shall be permanently attached to a permanent foundation.
ii. A recreational vehicle, commercial coach, trailer, motor home,
camper, camping trailer, boat, or similar vehicle shall not be used
as an ADU.
f. Balconies/Decks. Balconies, second story decks, and rooftop terraces are
prohibited, except for required landings sized to meet minimum
requirements to allow ingress and egress.
4. Junior Accessory Dwelling Units.
a. JADUs may be rented separately from the single-unit dwelling but may not
be sold or otherwise conveyed separately from the single-unit dwelling on
the lot.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
9
b. JADUs are subject to an owner-occupancy requirement. A person with
legal or equitable title to the property shall reside on the property in either
the primary dwelling or JADU as that person’s legal domicile and
permanent residence. However, the owner-occupancy requirement of this
paragraph does not apply if the property is entirely owned by another
governmental agency, land trust, or housing organization.
5. If an ADU or JADU which was created within a single -unit dwelling, accessory
structure or multi-unit dwelling structure is required to be removed or is
voluntarily removed, the kitchen facility shall be removed from the space that is
no longer an ADU or JADU and, unless permitted for a different use, the space
shall be converted back to its original use. If an ADU was newly constructed:
a. The space or structure shall be entirely removed; or
b. The kitchen facility shall be removed and the space shall be converted to
a permitted use allowed within the underlying zoning district; or
c. The kitchen facility shall be removed and the applicant shall obtain the
appropriate land use permit for the proposed use within the space.
6. Certificate of Occupancy. A certificate of occupancy for an ADU or JADU shall
not be issued before a certificate of occupancy is issued for the primary dwelling
unit.
7. Deed Restriction. Prior to issuance of a building permit for a JADU, a deed
restriction must be recorded against the title of the property in the County
Recorder’s office and a copy filed with the Community Development Department.
The deed restriction must run with the land and bind all future owners. The form
of the deed restriction will be provided by the City and must provide that:
a. The JADU shall not be sold separately from the primary dwelling.
b. The JADU is restricted to the approved size and to other attributes allowed
by this section.
c. The deed restriction runs with the land and may be enforced against future
property owners.
d. The deed restriction may be removed if the owner eliminates the JADU, as
evidenced by, for example, removal of the kitchen facilities. To remove the
deed restriction, an owner may make a written request of the City,
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
10
providing evidence that the JADU has in fact been eliminated. The City
may then determine whether the evidence supports the claim that the
JADU has been eliminated. If the JADU is not entirely physically removed
but is only eliminated by virtue of having a necessary component of a
JADU removed, the remaining structure and improvements must
otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Director or his or her designee
for the benefit of the City. Failure of this property owner to comply with the
deed restriction may result in legal action against the property owner, and
the City is authorized to obtain any remedy available to it at law or equity,
including, but not limited to, obtaining an injunction enjoining the use of the
JADU in violation of the recorded restrictions or abatement of the illegal
unit.
8. Single-Unit Dwellings. The following may be permitted on a parcel with an
existing or proposed single-unit dwelling:
a. JADUs. One JADU that meets the standards in subsection G. JADUs are
only permitted on a parcel with no more than one existing or proposed
single-unit dwelling.
b. ADUs. Any one of the following may be permitted on a parcel with an
existing or proposed single-unit dwelling:
i. One new construction attached or detached ADU that meets the
standards in subsection F.
ii. Statewide Exemption ADUs as permitted under subsection E.10.a.-
b.
9. Multi-Unit Dwellings. Any one of the following may be permitted on a parcel with
an existing or proposed multi-unit dwelling:
a. One attached, detached, or interior ADU that meets the standards in
subsection F.
b. Statewide Exemption ADUs as permitted under subsection E.10.c.-d.
10. Statewide Exemption ADUs. If an ADU or JADU does not exist or is not proposed
pursuant to subsection E.8. or E.9. above, any of the following will be
ministerially permitted on a parcel and is not subject to subsection F. below.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
11
a. One ADU and one JADU per parcel with a proposed or existing single -unit
dwelling if all of the following apply:
i. The ADU or JADU is within the proposed space of a single -unit
dwelling or existing space of a single-unit dwelling or the ADU is
within the existing accessory structure and may include an
expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing
accessory structure shall be limited to accommodating ingress and
egress.
ii. The space has exterior access from the proposed or existing
single-unit dwelling.
iii. The side and rear setbacks are sufficient for fire and safety.
iv. The JADU complies with the requirements of subsection G.
b. One detached, new construction ADU that does not exceed four -foot side
and rear yard setbacks for a lot with a proposed or existing single -unit
dwelling, does not exceed 800 square feet in floor area, and does not
exceed the allowed height in subsection F.4. The ADU may be combined
with a JADU that meets the standards as described in subsection G.
c. Multiple ADUs within the portions of a multi-unit dwelling that are not used
as livable space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages, provided that the dwellings
comply with building and fire code standards for dwellings. The number of
ADUs permitted is equivalent to up to 25 percent of the number of
existing, legally permitted units in the multi-unit dwelling, or one,
whichever is greater. When calculating the number of allowed ADUs
based on the percentage of existing multi-units, round down to the nearest
integer.
d. In addition to ADUs allowed by subsection 10.c. above, up to eight
detached ADUs, or as many detached ADUs as there are primary dwelling
units on the lot, whichever is less, may be allowed on lots with an existing
multi-unit dwelling. These allowed units may be converted from existing
detached garages on the site. On lots with a proposed multi -unit dwelling,
up to two detached ADUs may be allowed. The ADUs must not exceed
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
12
the allowed height in subsection F.4. and must have a minimum rear and
side setbacks of four feet. If the existing multi-unit dwelling has a rear or
side setback of less than four feet, the existing multi-unit dwelling will not
be required to be modified to meet this setback.
F. Development Standards for Accessory Dwelling Units. An ADU shall be constructed
only in accordance with the following development standards:
1. Maximum Size. The maximum floor area for an attached or detached ADU sh all
be 1,000 square feet.
2. Floor Area Ratio and Lot Coverage. An attached or detached ADU measuring no
more than 800 square feet in size shall be exempt from floor area ratio and lot
coverage requirements (includes floor area located in basements or lower level
areas). For attached or detached ADUs measuring greater than 800 square feet,
the entire ADU shall be counted and shall comply with floor area ratio and lot
coverage regulations.
3. Setbacks. ADUs shall conform to the following setback standards:
a. No front setback shall be applied that would preclude the development of
an 800 square foot ADU with at least four (4) foot side and rear setbacks.
ADUs exceeding 800 square feet shall comply with minimum front setback
requirements.
b. A setback of at least four feet is required from the side and rear property
lines; however, no setbacks shall be required under the following
circumstances:
i. Existing livable space or an existing accessory structure that is
converted, in whole or in part, to an ADU; and
ii. The detached ADU is constructed in the same location and to the
same dimensions as an existing detached structure (with no
expansion) that is demolished solely for the purpose of constructing
the ADU.
4. Maximum Height Limits. ADUs shall be subject to the following height limits
which shall be measured from highest adjacent grade:
a. A height of 16 feet for a detached ADU on a lot with an existing or
proposed single-unit or multi-unit dwelling.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
13
b. A height of 18 feet for a detached ADU on a lot with an existing or
proposed single-unit or multi-unit dwelling unit that is within one-half mile
distance of a major transit stop or a high-quality transit corridor, as defined
in California Public Resource Code Section 21155. An additional two feet
in height shall be allowed to accommodate a roof pitch on the ADU that is
aligned with the roof pitch of the primary dwelling unit.
c. A height of 18 feet for a detached ADU on a lot with an existing or
proposed multi-unit, multi-story dwelling.
d. A height of 30 feet (25 feet if located within the Hillside Overlay Zone) or
the height limitation in the applicable zoning district, whichever is lower, for
an ADU that is attached to a primary dwelling. The attached ADU may not
exceed two stories.
5. Entrance. The entrance to the ADU should not face the same public street as the
entrance to the single-unit dwelling, if feasible.
G. Development Standards for Junior Accessory Dwelling Units. A junior accessory
dwelling unit shall be constructed only in accordance with the follow ing development
standards:
1. Maximum Size. The JADU shall not exceed 500 square feet in area. JADUs shall
be exempt from floor area and lot coverage requirements when it is part of an
existing single-unit dwelling.
2. Kitchen. The JADU shall contain an efficiency kitchen satisfying the following the
criteria:
a. Contains a sink and cooking facility with appliances (e.g., microwave,
toaster oven or hot plate).
b. Contains a food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the JADU.
3. Bathroom. The JADU may have a separate bathroom or may share a bathroom
with the single-unit dwelling. The bathroom shall contain a sink, toilet, and
shower or tub. If the bathroom is shared, there must be an interior entry to the
main living area of the single-unit dwelling.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
14
4. Entrance. The JADU shall have a separate exterior entrance from the main
entrance to the existing or proposed single -unit dwelling. A passageway from the
ADU to a public street may be created but shall not be required.
5. A JADU is not considered a separate or new dwelling for purposes of fire safety
or life safety.
H. Parking.
1. Unless otherwise provided in this section, one off -street parking space shall be
provided for the ADU in addition to the off -street parking spaces required for the
single-unit dwelling or multi-unit residential structure. All parking shall be
provided on a hard, all-weather surface.
2. The parking space may be provided in setback areas or as tandem parking
unless specific findings are made that parking in setback areas or tandem
parking is not feasible based upon specific site or regional topographical or fire
and life safety conditions.
3. No parking shall be required for an ADU in any of the following instances:
a. The ADU is located within one-half mile distance of public transit. For the
purposes of this section only, public transit is defined as a location,
including, but not limited to, a bus stop or train station, where the public
may access buses, trains, subways, and other form s of transportation that
charge set fares, run on fixed routes, and are available to the public.
b. The ADU is located within an architecturally and historically significant
historic district.
c. The ADU is part of the proposed or existing primary residence or an
existing accessory structure.
d. When on-street parking permits are required but not offered to the
occupant of the ADU.
e. When there is an established car share vehicle stop located within one
block of the ADU.
f. When a permit application for an ADU is s ubmitted with an application for
a new single-unit dwelling or a new multi-unit dwelling on the same lot and
meets one of the other requirements listed in subsections a. through e.
above.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
15
4. No parking shall be required for a JADU and any parking displaced by its
construction, including conversion of all or part of an existing attached garage,
are not required to be replaced.
5. When a garage, carport, covered parking structure, or uncovered parking space
is demolished in conjunction with the construction of an ADU or converted to an
ADU, those off-street parking spaces are not required to be replaced.
I. Utilities and Impact Fees.
1. No ADU or JADU shall be permitted if it is determined that there is not adequate
water or sewer service to the property, as determined by the City.
2. Except as provided in subsection I.3, an ADU may be required to have a new or
separate utility connection, including a separate sewer lateral, between the ADU
and the utility. A connection fee or capacity charge may be charged that is
proportionate to the size in square feet of the ADU or its drainage fixture unit
(DFU) values. Separate electric and water meters shall be required for the ADU.
3. The following ADUs shall be exempt from any requirement to install a new or
separate utility connection and to pay any associated connection or capacity fees
or charges:
a. Junior accessory dwelling units.
b. ADUs converted from interior space of an existing single unit dwelling or
existing accessory structure, unless the unit is constructed within a new
single-unit dwelling.
4. Impact Fees.
a. No impact fees may be imposed on ADUs that are less than 750 square
feet in size. For purposes of this section, “impact fees” include the fees
specified in Sections 66000 and 66477 of the Government Code, but do
not include utility connection fees or capacity charges.
b. For ADUs that have a floor area of 750 square feet or more, impact fees
shall be charged proportionately in relation to the square footage of the
primary dwelling unit.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
16
J. Delay of Enforcement of Building Standard.
1. Prior to January 1, 2030 when the Chief Building Official provides a notice to
correct a violation of any building standard, the Chief Building Official shall
include in that notice a statement that the owner of the ADU has a right to
request a delay in enforcement if the ADU that was built prior to January 1, 2020
or built when the City had a noncompliant ADU ordinance. The owner of the
ADU may submit a written request to the Chief Building Official requesting that
correction of any violation of building standards be delayed for five years. For
purposes of this section, “building standards” refers to those standards enforced
by local agencies under the authority of Section 17960 of the California Health
and Safety Code.
2. The Chief Building Official will grant the application if the Chief Building Official
determines that enforcement of the building standard is not necessary to protect
health and safety. In making this determination, the Chief Building Official will
consult with the Fire Marshal.
3. No applications pursuant to this section shall be approved on or after January 1,
2030. However, any delay that was approved by the City before January 1, 2030,
shall be valid for the full term of the delay that was approved at the time of the
approval of the application.
4. Until January 1, 2030, any notice to correct a violation of building standard that is
issued to the owner of an ADU built prior to adoption of the ordinance codified in
this chapter, shall include a statement that the owner has a righ t to request a
delay in enforcement of the building standard for an ADU pursuant to this
Section.
K. Unpermitted ADUs and JADUs
1. Notwithstanding any other law, and except as otherwise provided in subsection
2. below, the City shall not deny a permit fo r an unpermitted ADU or unpermitted
JADU that was constructed before January 1, 2020, due to either of the following:
a. The ADU or JADU is in violation of building standards pursuant to Article 1
(commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13
of the Health and Safety Code.
b. The ADU or JADU does not comply with Government Code Sections
66310-66341 or this Chapter.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
17
2. Notwithstanding subsection 1. above, the City may deny a permit for an ADU or
JADU subject to subsection 1. if the City makes a finding that correcting the
violation is necessary to comply with the standards specified in Health and Safety
Code Section 17920.3.
3. A homeowner applying for a permit for a previously unpermitted ADU or JADU
constructed before January 1, 2020, shall not be required to pay impact fees or
connection or capacity charges except when utility infrastructure is required to
comply with Health and Safety Code Section 17920.3 and when the fee is
authorized by subsection I.
4. Subject to subsection 3. above, upon receiving an application to permit a
previously unpermitted ADU or JADU constructed before January 1, 2020, an
inspector from the City may inspect the unit for compliance with health and safety
standards and provide recommendations to comp ly with health and safety
standards necessary to obtain a permit. If the inspector finds noncompliance with
health and safety standards, the City shall not penalize an applicant for having
the unpermitted ADU or JADU and shall approve necessary permits to correct
noncompliance with health and safety standards.
Section 6. Section 25.60.020A. and Table 6-1, of Article 6 of Title 25 of the Burlingame
Municipal Code is amended to read as follows:
25.60.020 Ministerial and Administrative Permits and Actions.
A. Administrative Permits and Actions. Except when combined with legislative actions or
other non-administrative actions defined in this article, the Director, also defined in this
Zoning Code as the designee of the Director, is the designated Review Authorit y for the
following quasi-judicial permits and actions. The Director, at the Director's sole
discretion, may elevate the level of review to a higher Review Authority.
1. Administrative Use Permit. An administrative permit providing for the review of
certain wireless communications facilities, as identified in Section 25.48.300
(Wireless Communications Facilities).
2. Design Review – Minor. An administrative review process providing for review of
projects specified in Section 25.68.020.D (Design Review – Minor) for compliance
with the provisions of this Zoning Code and with any site plan or architectural
design guidelines adopted by the City and as provided in Chapter 25.68 (Design
Review).
3. Hillside Area Construction Permits. An administrative permit providing for the
review of certain development projects in the designated hillside area, as
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
18
identified in Chapter 25.70 (Hillside Area Construction Permits).
4. Home Occupation Permits. An administrative permit authorizing the operation of
a specified home-based occupation in a particular location in compliance with
the provisions specified in Chapter 25.72 (Home Occupation Permits).
5. Minor Modifications. An administrative action, granted in compliance with
Chapter 25.74 (Minor Modifications), to allow specified exceptions to specified
development standards of this Zoning Code for the purpose of creating flexibility
in implementing those standards to accommodate unique design approaches
and to recognize unique physical conditions present on individual par cels.
6. Minor Use Permits. An administrative permit authorizing the operation of a
specific use of land or a structure in a particular location in compliance with the
provisions of this Zoning Code and in compliance with procedures
specified in Chapter 25.66 (Conditional Use Permits and Minor Use Permits).
7. Reasonable Accommodations. An administrative permit authorizing limited
modifications to properties to accommodate a person with specified disabilities
and physical limitations in compliance with specific criteria and performance
standards and in compliance with procedures specified in Chapter 25.76
(Reasonable Accommodations).
8. Sign Permits. An administrative permit authorizing a variety of signs, including
individual signs for promotional advertising, in compliance with specific provisions
and conditions of this Zoning Code and Chapter 25.42 (Signs). Temporary signs
may also be approved in conjunction with a temporary use permit issued in
compliance with Chapter 25.82 (Temporary Use Permits).
9. Temporary Use Permits. An administrative permit authorizing specific limited -
term uses in compliance with specified conditions and performance criteria
specified in Chapter 25.82 (Temporary Use Permits).
10. Zoning Ordinance Interpretations. An administrative interpretation of certain
provisions of this Zoning Code to resolve ambiguity in the regulations and to
ensure their consistent application in compliance with Chapter 25.02
(Interpretation of the Zoning Code).
Table 6-1: Review Authority
Type of Action Applicable
Code Section
Role of Review Authority (1)
Director Commission Council
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
19
Table 6-1: Review Authority
Type of Action Applicable
Code Section
Role of Review Authority (1)
Director Commission Council
Legislative Actions
General Plan Amendments 25.96 Review Recommend Decision
Specific Plans and Specific Plan
Amendments 25.80 Review Recommend Decision
Zoning Map Amendments 25.96 Review Recommend (2) Decision
Zoning Code Amendments 25.96 Review Recommend (2) Decision
Planning Permits and Approvals; Administrative and Ministerial Actions
Administrative Use Permit 25.48.300 Decision Appeal Appeal
Conditional Use Permits 25.66 Review Decision Appeal
Condominium Permits 26.32.020 Review Decision Appeal
Design Review – Major 25.68 Review Decision Appeal
Design Review – Minor 25.68 Decision Call for Review Appeal
Fence Exceptions 25.74 Review Decision Appeal
Hillside Area Construction
Permits 25.70 Decision Call for Review Appeal
Home Occupation Permits 25.72 Decision Appeal Appeal
Interpretations of Zoning
Ordinance 25.04 Decision Appeal Appeal
Minor Modifications – 2 or fewer 25.74 Decision Call for Review Appeal
Minor Modifications – 3 or more
and/or requested with another
discretionary permit
25.74 Review Decision Appeal
Minor Use Permit 25.66 Decision Call for Review Appeal
Reasonable Accommodations 25.76 Decision Appeal Appeal
Sign Permits 25.42.050 Decision — —
Sign Program – Master 25.42.060 Decision Decision Appeal
Special Permits 25.78 Review Decision Appeal
Temporary Use Permits 25.82 Decision Appeal Appeal
Variances 25.84 Review Decision Appeal
Section 7. Section 25.88.020A of Article 6 of Title 25 of the Burlingame Municipal Code is
amended to read as follows:
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
20
25.88.020 Effective Dates of Permits.
A. Approvals, Permits, and Variances.
1. Design Review – Minor approval, Hillside Area Construction Permit, Home
Occupation Permit, Minor Modification approval, Minor Use Permit,
Reasonable Accommodation approval, or temporary use permit shall become
effective immediately upon expiration of any appeal period. If an appeal is
filed, such permit or approval shall become effective immediately upon the
final appeal decision.
2. A Conditional Use Permit, Design Review – Major approval, Special Permit, or
Variance shall become effective 10 days following the actual date the
decision was rendered by the applicable Review Authority, unless an appeal
is filed in compliance with Chapter 25.98 (Appeals) prior to the effective date.
If an appeal is filed, such permit or approval shall become effective
immediately upon rendering of the final appeal decision.
3. Denial of a request for approval, permit, or variance become s effective the
date of determination.
Section 8. Section 25.98.030A of Article 6 of Title 25 of the Burlingame Municipal Code is
amended to read as follows:
25.98.030 Filing and Processing of Appeals and Calls for Review.
A. Eligibility.
1. Who May Appeal. An appeal or call for review in compliance with this chapter
may be filed by any aggrieved person, except that in the case of a decision on
a quasi-judicial permit or action, an appeal may only be filed by a person who,
in person or through a representative, appeared at the public hearing in
connection with the decision being appealed, or who otherwise informed the
City in writing of the nature of his/her concerns before the hearing.
2. Call for Review on Administrative Permits.
a. Any person may request a call for review by the Planning Commission
for any Director action on an administrative permit for which notice has
been given. Such call for review shall be provided in writing and shall
be accompanied by payment of any required fee.
b. The following permits are subject to a call for review:
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
21
i. Minor design review;
ii. Hillside Area construction permit;
iii. Minor modifications – two or fewer;
iv. Minor use permit;
v. Administrative use permit.
3. Call for Review by Commissioners and Councilmembers.
a. Any Commissioner may initiate a call for review of a Director's
determination or decision by filing a written request with the
Department before the effective date of the action.
b. Any Council member may initiate a call for review of a Commission's or
Director's determination or decision by filing a written request with the
City Clerk before the effective date of the action.
c. No fees are required.
4. Limitations on Denial by the Commission. If an application has been denied
by the Commission, or if an application or a portion thereof is approved, an
appeal may be made by the applicant or any interested person.
Section 9. Section 25.100.020B(1) of Article 7 of Title 25 of the Burlingame Municipal Code
is amended to read as follows:
25.100.020 Notice of Hearing.
B. Method of Notice Distribution. Notice of a public hearing or any noticing requirement
required by Article 6 for a planning approval shall be given as follows, as required by
Government Code Sections 65090 and 65091.
1. Mailing. Notice shall be mailed or delivered to the following at least 10 days before
the scheduled hearing, or for other noticing requirements:
a. Project Site Owner(s) and the Applicant. The owner(s) of the property being
considered in the application or the owner's authorized agent, and the
applicant.
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
22
b. Local Agencies. Each local agency expected to provide roads, schools,
sewage, streets, water, or other essential facilities or services to the property
which is the subject of the application, whose ability to provide those facilities
and services may be significantly affected.
c. Affected Owners. All owners of real property, as shown on the latest adopted
tax roll of the County, located within a radius as defined below of the exterior
boundaries of the parcel that is the subject of the hearing or noticing
requirement pursuant to Article 6 (Permit Processing Procedures).
i. 500-Foot Radius Required.
(A) All legislative actions pursuant to Table 6-1 (Review Authority);
(B) Any commercial, industrial, or institutional development exceeding
10,000 square feet of construction, whether new construction or
addition to existing development;
(C) Any attached residential development consisting of five or more
units; and
(D) Any combination of (B) and (C) above.
ii. 300-Foot Radius Required. All planning permits and approvals and all
administrative and ministerial actions pursuant to Table 6-1, except for
those specified in subsections B.1.c.i and iii, and any permits pursuant to
subsection
B.1.c.iii that are called for review or appealed to the Commission.
iii. 100-Foot Radius Required.
(A) Administrative use permit;
(B) Design review – minor;
(C) Minor modifications – two or fewer;
(D) Hillside Area construction permits not requiring design review;
(E) Master Sign Programs.
iv. No Radius Notification Required. Appeals of interpretations of the Zoning
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
23
Code, home occupation permits, reasonable accommodation approvals,
sign permits, and temporary use permits do not require noticing of
affected owners.
d. Persons Requesting Notice. Any person who has filed a written request for
notice with the Director and has paid the required f ee for the notice.
e. Other Person(s). Any other person(s), whose property might, in the judgment
of the Director, be affected by the proposed project.
Section 10. If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The Council declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 11. Sections 4, 5, 6, 7, 8, and 9 of this Ordinance shall be codified in the Burlingame
Municipal Code. Sections 1, 2, 3, 10, 11, and 12 shall not be so codified.
Section 12. This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and circulated in the
City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
_________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council
held on the 2nd day of December, 2024, and adopted thereafter at a regular meeting of the City
Council held on the 16 day of December 2024, by the following vote:
AYES: Councilmembers: BROWNRIGG, COLSON, LEE, PAPAJOHN, STEVENSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
__________________________________
Meaghan Hassel-Shearer, City Clerk
Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542
Date
To:
oF s4t
roB
01t18t2025
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA9401O
OFFICE OF
ASSESSOB.COUNW CLERK.
REGORDER & ELEGTIONS
COUNTY OF SAN MATEO
MmxCsuncu
Assxsor-Courry Clenx-
Rrconoen & Clrrrr ElrcrroNs Orrrcrn
Final Posting Confi rmation
for Environmental lmpact Reports
Subiect: Retum of Environmenlal Documents Filed and Posted for 30 days.
Public Resources Code Section 21092.3
The attached document(s), File Number 129090
was received, filed and a copy posted with the County Clerk on 1211912024
and remained posted for thirty calendar days.
By:
Maria o Deputy Clerk on behalf of MARK CHURCH
SS-12 Postng Confinnalion Lettea for Environmenlal lmpact Reports
555 County Center, Redwood City, CA 94063
P 650.363-4500 F 650.599.7458 ema:l CoUNTYCLERK@SMCACRE.GOV web HTTPSTA&WW.SMCACRE.GOV
L
4k-
State of Caliirrnaa - DepartnEnt of Fish and Wildlife
2024 ENVIRONMENTAL DocUtl,lENT FILING FEE
CASH RECEIPT
OFW 753.5a (REV. 01/01124) Previously DFG 753.5a
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY.
STATE CLEARINGHOUSE NUMBER (/t apprca6b.,
E s","1
DAIE
12,19t2024
DOCTJMENT NUMBER
12S090
RECEIPT NUiEER:
41-12192024-0001
LEADAGENCY
CITY OF BURLINGAME
COUNTY/STAIE AGENCY OF FILING
SAN MATEO COUNTY
PROJECIAPPLICANT NAME
CITY OF BURLINGAME
PROJECT TITLE
UPDATE TO CITY OF BURLINGAME ACCESSORY DVIELLING ORDINANCE (AMENDING TITLE 25 OF BMC)
PHONE NUMBER
PROJECT APPLICANT ADDRESS P CODE
PR(UECT APPUCA'IT (Check qpwriate bo.x)
@ Loca euolic egerry E School EId,ict I Otrer Speciat Ustict E State AgerEy I erirate eaity
LEADAGENCY EI\4AIL
PROJECT APPLICANT E[,4AIL
CITY STATE
CHECK APPUCABLE FEES:
E Envirorme.{al lmpact Repo,t (ElR)
E irtiligabd/Negalive Oeclaralion (MNDXNO)
E cedifed Regulatory ftogran (CRP) docment - pEyrrent drc direcIy to CDFW
E E,(empt ,rom lee
EI Notic€ of Exernption (attach)
E CDFW No Efiect Detemination (attach)
O Fee previously paid (altach previously issued cash receipt copy)
O Wate, Rigld Application or Petition Fe€ (Stale Wate, Resources Cq|fol Board only,
E Coudy docimentEry hardling f€e
E O0rer
PAYXIENT TIETHOD:
tr ca8h E oedit El check
SIGNATURE
$ 4,051.25 $
$ 2,916.75 $
$ 't .377 .25 $
$ 85o.OO I
r 50.00 t
3
TOTAL RECEIVED $
ENCY OF FILING PRINTED NAME AND TITLE
Maria Gallardo Deputy Cle.k
50.00
E otrer 50.00
x
ORIOINAT . PROJECT APFTICANT COPI . LEAD AGENCY COPY, COUNTY CTERK
F-
OFW753 5. (Rd 0ror2(,2a)
Print Form
Notice ol Exemption Appendix E
To: Oifice of Planning and Research
P.O. Box 30,+4, Room 113
Sacramento, CA 95812-3044
County Clerk
From: (Public Agency)
501 Primrose Road
City of Burlingame
Burlingame, CA 94010
County of San Mateo (Address)
555 Colnly C!.ter. 1sr Flo
Redwood City, CA 94063
Update to City of Burlingame Accessory Dwelling Ordinance (Amending Title 25 of BMC)
Project Applicant:N/A
Project Localion - Specilic
City of Burlingame
Project Location - City Burlingame Project Location - County:San Mateo
Description of Nature, Purpose and Beneliciaries of Project:
The proposed Ordinance sets forth text amendments to the City's existing Accessory Dwelling Unit regulations
(BMC Section 25.48.030), as well as other seclions ofthe Municipal Code (Chaptet 25.40,25.60,25.88,25.98
and 25.100) to ensure consistency with State legislation that has been passed since 2021.
Name ot Public Agency Approving Project:City of Burlingame
Name of Person or Agency Carrying Out Project:
Exempt Status: (check one):
City of Burlingame
Ministerial (Sec. 21 080(b)(1 ); 15268);
Declared Emergency (Sec. 21080(bX3); 1 5269(a));
Emergency Projecl (Sec. 21080(bX4); 15269(b)(c));
Categorical Exemplion. State type and section number:15378 and 15061(bX3)
Statutory Exempti ons. State code number' 15282(h)
Reasons why proiect is exempt:
Tbe p.oposed Odinance is Statuto.ily Exempt pursuanl to CEQA Guid.eli.les section I 5282(h), which exempts the adoption of an ordinance
regarding accessory dwelling units in a single-family or multifamily resadenlial zone by a caty or county to implement lhe provisions of Sections
663'1066341 of the Govemmenl Code as sel forlh in Section 21080.17 of the Public Resources Code- ln addition, the proposed Ordinance is
exempt from CEQA purcuant to CEOA Guidelines section 1 5378 because lhe proposed Ordinance is not a 'projecf withjn the defnilion of
CEQA. The proposed O.dinance is exempt ftom CEOA pursuanl to CEOA Guidelines section 1 5061 (b)(3) because the proposed Ordinance
can be seen wfi certainly to have no possibility of a signm@nt effect on lhe envircnmenl-
Lead Aoencv
contaciperson: Ruben Hurin 650-558-7256
ll liled by applicant:
1. Attach certilied document o, exemption linding.
2. Has a Notice ol Exemption been liled by the public agency approving the project? Yes No
tr
tr
tr
tr
E
Dde. 1211912024 1q1". Planning Manager
. Signed by Lead Agency Signed by Applicant
Aulho.ity cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21'152, and 21152.1. Public Resources Code
Revised 201I
Project Title:
Area Code/Telephone/Extension :
Signature:
E]
Date Received lor liling at OPR:
t2q0y)
r;II-EI)
SA).I MATEO COL}ITY
Dec 19 2024
MAl.l CH(.,Rt'H. 1',qn:y Clcrk
.a.A_-
Bv
i)ep.(v Clc*
Courrty of Sarr l'rateo
clerk-F€oorder
ldark Church
555 County center
Rcdrood City, CA 94063
(650) 363-{500
Ra€cipt No. : RFI202410059387
Finalization No. : 2o24068239
Castli.r: 10{
Rag'ict.r: O18
Drt./Tiu.: L2/r9/2O24 12:3? PM
Iter Title Cor]nt
1 NOE
NOTICE OT E}GUPT ION
Doou.ocrrts No. :
l.i].ing Tiuo:
Pilirrg fotal:
I'iling f€€;
1
129090
L2;37 PPI
950 . oo
E50 . oo
total Aoount Due:$50 . oo
Total Paid
crcdi C Card Tendcrcd:
l42et5
ABouDt Du€:
$50 . 00
$0. 00
IHANK IOU
PI.E.ASE RETAIN THIS RECE IPT
EOR YOI'R BECORDS
U
!
L2/L9/2O24 t2t37 trM
https : ,//www. snoaore. gow/
n
tr []
Print Form
Notice ol Exemption Appendix E
To: Olfice ot Planning and Flesearch
P.O. Box 3044, Room 1 13
Sacramento, CA 95812-3044
County Clerk
From: (Public Aoency)
501 Primrose Road
- City of Burlingame
Burlingame, CA 94010
County of. San Mateo (Address)
555 c@nty cster, rsr Fbo.
Redwood City, CA 94063
Project Title Update to City of Burlingame Tree Ordinance (Amending Title 1'l of B[,4C)
N/a
Project Location - Specific
City of Burlingame
Project Location - City:Burlingame Project Location - County:San Mateo
oescription of Nature, Purpose and Benericiaries ol Proioct:
IrE[i!tcl'idJ.l€!l4i.ElosECiys.xidilgtEnr{rffi.Th.p.opos.deisB*rldEld].t4a.dopelCrBplec11-0aa,Ir.lboltEBurlinl.m
ilihior6l Cod.. .nd mlle 0lem anlo @ Polocbd Tro€ Ord'n n . {6 rw ClBor.r 11.06). llE r.!iE d 6'E@ b.E(bE !E deni&h oa pdEr€d lr€€5. upd.ls.p<nl ,Equirrirl6, .dat I5h€6 e i iqr re FlgEm b. tE Ctys T@ R.prail.. Fu.d. dld ..t b&rB lw fflhgs an di* dii..i 6. pdmit appllEE. Th6
Bisire sil e&o Glablsh nd tE p.dirB. rsrio'.J. ar, Eda@lBr Eqiri'aME tBr .c '!Et daisr6.t *lh @Ml arbo.britrd p.d,rs.
Name of Public Agency Approving Project:City of Burlingame
Name of Person or Agency Carrying Out Project:
Exempt Status: (check one)
Ministerial (Sec. 21 080(b)(1 ); 1 5268);
Declared Emergency (Sec. 21080(bX3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(bxc));
Categorical Exemption. State type and SeCtiOn number. Categodcal Ex€mptions 15307 (Class 7)and 15308 (Classg)
Statutory Exemptions. State code number
Reasons why project is exempt:
Class 7 and Class 8 Categorical Exemptions apply to the project because it represents
action taken bya regulatory agency to maintain and enhance natural resources (trees)
and the environment and to establish procedures for environmental protection.
Lead Agency
Contact Person Margaret Glomstad Area Code/Telephone/Exlension 650-558-7333
ll filed by applicant:
1. Aftach certili document ol exemption linding
2.HasaN ion been filed by the public agency approving the project? Yes No
Signature:oar.. 12t17 t2024 Ti e. Parks and Recreation Director
. Signed by Signed by Applicant
Dale Received for filing at OPR
tr
D
o
E
tr
FlLEDrs#mF:fu,"i i rllto coulfiY c^ur
t)Ec 1e 202t
CHURCH, County Cl6lt
ARIAGALLARDO
MARK
By M
Dg6rry Clercf
Revised 20ll
Proiect Applicant:
City of Burlingame
Authority cited:Sections 21083 and 21110, Public Resources Code.
Reference: Sections 2'1108,21152, ed1d 21152.1. Public Resources Code-
tr
I3TItrtro[l
EIE@
DAYID J. POWERS
MEIVIORANDUfi/]
Date
To
From
November 26, 2024
Scott Spansail, Assistant City Attorney, City of Burlingame
Maria Kisyova, Pro.iect Manager
Akoni Danielsen, Principal Project Manager
Burlingame Tree ordinance Update - CEQA Categorical Exemption QualificationSub,iect
l. lntroduction to Categorical Exemptions
The California Environmental Quality Act (CEQA) Guidelines contain classes or categories of projects
that have been determined not to have a significant effect on the environment and are, therefore,
exempt from the provisions of CEQA. CEQA Guidelines Sections 15301 - 15333 constitute the list of
categorically exempt projects and contain specific criteria that must be met in order for a project to
be found exempt under one or more classes.
CEQA Guidelines Section 15307 Actions by Regulatory Agencies for Protection of Natural Resources
sets forth exemptions for actions taken by regulatory agencies as authorized by state law or local
ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the
regulatory process involves procedures for protection of the environment.
CEQA Guidelines Section 15308 Actions by Regulatory Agencies for Protection ofthe Environment
consist of actions taken by regulatory agencies as authorized by state or local ordinance to assure
the maintenance, restoration, enhancement, or protection ofthe environment wtrere the
regulatory process invohes procedures for protection ofthe environment.
Additionally, CEQA Guidelines Section 15300.2 includes a list of exceptions to exemptions, none of
which may apply to a project in order for it to qualify for a categorical exemption (i.e., if an
exception applies, a project is precluded from being found categorically exempt). The exceptions
included Section 15300.2 are discussed below in Section lV ofthis memo.
The City of Burlingame, serving as the Lead Agency, is completing environmental review forthe
Tree Ordinance Update pro.ied ("pro.iect") in compliance with CEQA, the CEQA Guidelines
(California Code of Regulations Section 15000 et. seq. ), and the regulations and policies of the City
of Burlingame. This Memorandum describes the proposed projed, provides analysis and substantial
1
1871The Alameda, Suite 200 . San Josd. CA 95126 . Tel: (408) 248-3500 . www.davidjpowers.com
&A IA E
ll. Background
Further, state law now requires ministerial review processes for Accessory Dwelling Units (ADUS)
and certain minor subdivisions and housing development projeds (Senate Bill [5B] 9). These
ministerial processes generally preclude cities from imposing subjective development standards or
requiring any kind of discretionary decision or review. Accordingly, the proposed Tree Ordinance
Update establishes objective standards regarding tree protection and incorporates ministerial
review for these types of projects into the City's tree removal regulations.
1871 The Alameda, Suite 20O . 5an Josd, CA 95126 . Tel: (408) 248-3500 . www.davidjpower5.com
evidence to suppod a determination by the City of Burlingame that the project is categorically
exempt pursuant to CEQA Guidelines sections 15307 and 15308.
Shortly after Burlingame's incorporation as a city in 1908, the City enacted the Burlingame
Municipal Code (BMC). The BMC included provisions to protect a historic grove of trees along
County Road (modern day El Camino Real). With time, the City updated rules Boverning both public
and private trees to regulate and protect the urban forest. ln 1971, the City Council created Chapter
11.04 "Protection of City Street Trees" and Chapter 11.06 "Urban Reforestation and Tree
Protection" to add protections for the rest of the urban forest. Chapter 11.06 was revised in 1992
and 1998. Since then, the City's tree protection provisions in the BMC have remained unchanged.
The City of Burlingame has an established Urban Forest Management Plan (UFMF) that details City
rules, recommendations, and practices in managing the urban forest. The UFMP is updated
regularly and the Tree Ordioance is now being updated to better align with the UFMP and present-
day urban forestry practices.
lll. Project Description
The proposed project is a City-initlated update to the tree protection provisions in the BMC to
address inconsistencies with the City's UFMP and to align the BMC tree protection provisions with
state laws requiring ministerial review for ADUs and housing projects underSB 9. The proposed
project would rescind the existing Chapters 11.04 and 11.06 ofthe BMC, and replace them with a
new Chapter 11.06. Ihe intent of the update is to strengthen the ordinance to be more protective
of trees where the City retains dbcretion, while also creating a ministerial process for situations
where trees are required to be removed to facilitate construction of residential projects that are
ministerial under state law. Generally, the proposed update would increase the size and quantity of
trees needing to be planted depending on the size of the tree being removed or on the nature of a
proposed development. The update would also differentiate replanting requirements between
residential developments and commercial/mixed use developments. Proposed updates are detailed
below by topic.
2
Discretionary Projects
The update to BMC Chapter 11.06 would also address situations where the Cily retains discretion
whetherto allow for removal oftree(s). The update to BMC Chapter 11.06 would require protective
actions for trees that are retained, retentlon of a projea arborist for large developmentsl orthose
significantly impacting a mature tree to be retained2, and submission of arborist reports.
Specifically, larger developments would require tree replacement or reforestation plans and/or
payment of an in-lieu fee for trees that are removed but not re planted or reforested. BMC
11.06.010 currently allows tree removalto occur for "the economic enioyment" of property. The
project proposes to redefine the rationale for tree removal as: "the tree must be removed to use
the property for any city authorized or permitted use under Title 25 (the zoning Ordinance) forthe
zoning district in which the property is located, and the use could not be made of the property
unless the tree is removed."
Additionally, the current discretionary tree removal process requires an applicant to apply for both
a tree removal permit and a development permit, which are processed separately. The update to
BMC Chapter 11-06 would simplify this process by requiring that a development application also
include all related tree removal permits so that the approval authority for the development project
would also take action on the tree permit through their review of the project. Those tree removal
permtts would become part of the Planning Commission development permit approvals forthe
project. Any approvals for tree removal permits, as well as requirements for tree protection and
tree planting (based on recommendations from the City Arborist), would be incorporated into the
approved development permit as part ofthe project approval process. Appeals to the tree removal
due to proposed development would be heard by the Planning Commission as part of design review
processes.
Tree Removal Criteria
The proposed update to BMC Chapter 11.06 would update the discretionary tree removal criteria to
allow the decision makertoweigh avariety of factors whendetermining whetherapproval is
appropriate. The update includes, but is not limited to consideration of root and infrastructure
conflict, whether there are reasonable alternative means to avoid removal, species desirability and
environmental benefits to tree retention.
t targe developments are considered projects with more than two dwellings or those with designated commercial
u5€.
2 Work significantly impacting a rnature tree refers to construction activity that would occur within the naural
dripline of the subjecttree.
3
1871 The Alameda, suite 200 . San .losd, CA 95126 . Tel: (408) 24&3500. www.davidjpowers.com
The proposed update to BMC Chapter 11.06 would codify past department practice by identifying
which tree removal approvals may be appealed, and which body or bodies within the City
administration would have authority to consider appeal proceedings.
Definitions
The update to BMC Chapter 11.06 would update various definitions. Notably, the definition of a
"protected tree" would be updated as shown in Table 1.
Table 1. Definition of "Protected Tree"
Existing Ordinance Updated ordinance
(1) Any tree with a ci.curnference of 48 inches or
more when measured 54 inches above natural
grade; or
(2)A tree or stand oftrees so designated by the City
Council based upon findings that it is unique and of
importance to the public due to its unusual
appearance, location, historical significance or other
factor; or
{3) A stand of trees in which the director has
determined each tree is dependent upon the others
for survival
(1) Any City-owned or maintained tree; or
(2) Any private tree with a circumference of 44 inches or
more when measured 54 inches above natural gradei or
(3) A designated Heritage Tree or Heritage Grove, or any
other tree or stand of trees or species of tree, so
designated by the Beautification Commission, City Council,
or Director based upon findings that it is unique and of
importance to the public due to its unusual appearance,
location, historical significance or other factor; or
(4) A stand of private trees in which the Director or
designee has determined each tree is dependent upon the
others for survival; or
(5) Replacement trees, regardless of size, that were
required to be planted as replacements for authorized and
unauthorize protected private tree removals; or
(6) Reforestation trees required to be planted for a
development or redevelopment project pursuant to
11.06.100 of the updated BMC
Currently, public notice is required for private protected tree removals within 100 feet of the
subject property. For tree removals subject to a discretionary process, the proposed update to BMC
Chapter 11.06 would allow the Parks and Recreation Director to expand the notification area and
require physical and/or electronic postings and notifications dependent upon the impact the tree
has on a neighborhood. The new public notice requirement would require notice oftree removals
of City trees that are at least 14 inches in diameter at standard height (DSH).3
3 Dlarneter at standard height refers to the level rneasurement of the trunk dianEter measured at 54 inches above
soilgrade.
4
1871 The Alameda. Suite 200 . San Josd, CA 95126 . Tel: (408) 248-3500 . www.davidjpowers.com
Public Notices
Tree Planting Requirements
The existing ordinance establishes reforestation plan requirements for single-family or duplex and
apartments or condominiums. The project would maintain these requirements, and would add
requirements for mixed-use and commerciayindustrial proiects where there are none now.
Changes are summarized in Table 2 below.
Table 2. Reforestation Plan Requirements
Development Type Reforestation Plan Requirementt
Existing Requirements
Single-family or duplex
Apartments or condominiums
Proposed Requirements
One- and two-unit dwellings
Multi-unit dwellings / mixed-
use buildings
Commercial / industrial
One landscape tree per 1,000 square feet of habitable space
One landscape tree per 2,000 square feet of structural lot coverage and/or one
landscape tree per 2,000 square feet of paving
One landscape tree per 5,000 square feet of structural lot coverage and/or one
landscape tree per 5,000 square feet of paving
Removal of Protected Trees
Existing Rep lo ce me nt Req u irements
The existing ordinance includes the following tree replacement guidelines for removal of protected
trees (based on the existing definition of private trees shown in Table 1):
Replacement shall be three U-gallon size, one 24-inch box size, or one 3cinch box size
landscape tree(s) for each tree removed as determined below.
Any tree removed without a valid permit shall be replaced by two 2+inch box size, or two
3Ginch box size landscape trees for each tree so removed as determined below.
Replacement of a tree be waived by the diredor if a sufficient number of trees exists on the
property to meet all other requirements of the Urban Reforestation and Tree Protection
ordinance.
Size and number ofthe replacement tree(s) shall be determined by the director and shall be
based on the species, location and value of the tree(s) removed.
1871 The Alameda, Suite 200 . San Jos6, CA 95126 . Tel: (408) 248-3500 . www.davidjpowers.com
Replacement and Reforestation Require me nts
One landscape tree for every 1,000 square feet of lot coverage or habitable space
one landscape tree for every 2,000 square feet of lot coverage
Consistent with the existing code, lot coverage and habitable space includes both existing and new
construction. The Director shall determine the number of existing trees which are ofan acceptable
size, species, and location to be counted toward this requirement.
5
If replacement trees cannot be planted on the property, payment of equal value shall be
made to the city. Such payments shall be deposited in the tree planting fund to be drawn
upon for public tree planting.
P ro p o sed Repla ce me nt Req u ire me n ts
The update to BMC Chapter 11.06 proposes to refine the guidelines for removal of protected trees
(based on the updated definition of private trees shown ln Table 1) to differentiate between one- or
two-unit dwellings and all other types of development. The tree replacement plan would be
required of both ministerial and discretionary projeds.
A tree replacement plan for private protected trees located on lots that include one- or two-unit
dwellings must comply with the specifications in Table 3.
Table 3. Replacement for Private Protected Trees on Lots with One- or Two-Unit
Dwellings
Trunk Diameter Replacement Tree
74 to 29
>30 to 45 inches
>45 inches
One 24-inch box or two 1s-gallon boxes
One 36-inch box or two 24-inch boxes or four 15-gallon boxes
Two 36-inch boxes or three 24-inch boxes
A tree replacement plan for private protected trees located on other lots (e.g., muhi-unit dwellings,
mixed-use buildings, commercial/industria l) must provide forreplacement of trees ata ratio of one-
inch DSH of tree replaced for each inch DSH of tree removed (1:1 ratio). The equivalent sizes to be
used whenever new trees are planted (either on-site or off-site) pursuant to a tree replacement
plan are shown in Table 4.
Table 4. Replacement Equivalency for Private Protected Trees on Other Lots
Replacement tandscape Tree Container Size
One lnch
Two lnch
Three lnch
Four lnch
Five lnch
Where the current ordinance requires any tree removed without a valid permit to be replaced by
two 24-inch box size or two 3Ginch box size trees, the update to BMC Chapter 1L.06 would include
fines and penalties that can be levied (including criminal prosecution) fortrees removed without a
valid permit.
6
1871 Ihe Alameda, Suite 200 . San Jos6, CA 95126 . Tel: {408) 248-3500 . www.davidjpowers.com
DSH Equivalent
15-gallon container
24-inch box
36-inch box
48-inch box
60-inch box
The update to BMC chapter 11.06 would change the requirements fortrees with a diameter of 29
inches or less. As shown in Table 3, the replacement requirements for 29-inch trees would be one
2+inch or two ls-gallon trees, whereas the current requirements require one 2+inch, three 15.
gallon, or one 3Ginch tree. The City evaluated its replacement requirements and determined that
replacement of smaller trees (i.e., those 29 inches or less) are most appropriately replaced with a
similarly-sized 2+inch tree or two ls-gallon trees).
The update would further set more onerous replacement requirements for trees with a diameter of
30 inches or more. The current ordinance requires the same replacement ratio regardless of the
size of the tree to be removed. Finally, the update would introduce requirements for non-
residential development, and would also include stricter penahies for trees removed without a valid
permit. Thus, the proposed requirements would uhimately result in more trees planted than would
be required under the current ordinance.
Tree Replacement Fu nd
The existing ordinance does not include specifications between on-site and off-site tree
replacement requirements. The proposed update to BMC Chapter 11.06 requires that a tree
replacement or reforestation plan that includes on-site or off-site replacement must specify where
the trees shall be planted. The plan must also specify how the trees shall be monitored and
maintained. Off-site plantings within 300 feet ofthe proiect site would be considered at the
Directo/s discretion.
ln-Lieu Fee and Tree Replacement Fund
The existing ordinance does not include a funding mechanism. The proposed update to BMC
Chapter 11.06 would introduce in-lieu fees as an option, for both ministerial and discretionary
projects, where trees cannot be replaced on-site or off-site within the neighborhood. The fund
would be used primarifu for citywide tree planting and preservation programs but would be
available forCity Cou ncil-d irecte d programs consistent with this purpose. The amount of the in-lieu
fee would be 5325 per inch of tree diameter at standard height for that tree. This amount is based
on the labor and material costs of planting and would be included in the update to the Master Fee
Schedule adopted by City Council concurrent with the update to BMC Chapter U.06.
The proposed update to BMC Chapter 11.06 would allow a replacement credit for preservation of
trees on the same lot, as long as those trees are viable lonB-term and meet the definition of
landscape tree.
I
On-site or Off'Site Replacement or Reforestation
Credit for Existing Landscape Trees
1871The Alameda, Suite 200 . San Josd, CA 95126 . Tel: (408) 248-3500 . www.davidjpowers.com
lV. Environmental Review
The purpose of this section is to assess the project's eligibility for a Categorical Exemption from
CEQA under Guidelines Sections 15307 and 15308, and document whetherany ofthe exceptions
listed in CEQA Guidelines Section $3m.2 apply to the proposed updates to BMC Chapter U.06.
Section 15307 - Actions by Regulatory Agencies for Protection of Natural Resources
CEQA Guidelines Section 15307 relates to actions taken by regulatory agencies as authorized by
state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural
resource where the regulatory process involves procedures for protection of a natural resource. As
presented above in Section lll Project Description, the City proposes updates to BMC Chapter 11.06
with the intent of protecting existing trees, a natural resource, and enhancing the existing urban
forest. The proposed updates to BMC Chapter 11.06 would invofue the following updated provisions
to protect trees:
Expanded Definition of Protected Tree: The defin'rtion of a protected tree would be
expanded to include 1) any City-owned or maintained tree,2) any private tree with a
circumference of 44 inches or more when measured 54 inches above natural grade, as
opposed to the cur.ent definition of48 inches, 3) any replacement tree for private tree
removals, and 4) any replacement tree for development projects. By expanding the
definition of a protected tree, the proposed update would serve to increase protections for
the urban forest.
Expanded Notice Requirements: The proposed update to BMC Chapter 11.06 would
include language allowing the Parks and Recreation Director to expand the notification
area and require physical and/or electronic postings and notifications dependent upon the
impact the tree has on a neighborhood. The new public notice requirement would require
notice of tree removals of City trees that are at least 14 inches in diameter at standard
height. Expanded noticing would serve to increase protections forthe urban forest.
lncreased Replacement and Reforestation Requirements: The proposed update to BMC
Chapter L1.06 would increase replacement requirements for one- and two-unit dwellings
and mutti-unit dwe llings/mixed-use buildings. As shown in Table 3, replacement
requirements would increase as the size ofthe tree to be removed increases, whereas the
current ordinance requires three 15-gallon, one 24-inch box, or one 3cinch box pertree to
be removed, regardless of size. Atthough the current ordinance allows replacement of 2+
inch or smaller trees with either one, two, or three trees (i.e. one 2+inch tree or three 15-
inch trees or one 3Ginch tree)and the proposed update to BMC Chapter 11.06 instead
allows replacement of those trees with one or two trees (one 24-inch or two 15-inch
trees), the update also proposes higher replacement requirements for trees with a
diameter of 30 inches or more and would resuh in greater tree replacement overall. ln
addition, the updated ordinance would increase replacement requirements for
8
1871 The Alameda, Suite 200 . San losd. Crq 95126 . Iel: (408) 248-3500 . www.davidjpowers.com
commercial/industrial proiects, and would have stricter penahies fortrees removed
without a valid permit. lncreasing the replacement and reforestation requirements would
serve to enhance the existing urban forest.
Establish Replacement Fund: The existing BMC Chapter U.06 does not include a funding
mechanism. The proposed update to BMC Chapter 11.06 would introduce in-lieu fees as an
option where trees cannot be replaced on-site or off-site whhin the neighborhood. The
fund would be used primarily for citywide tree planting and preservation programs, which
would serve to enhance the existing urban forest.
ln sum, the project would adopt regulatory procedures to assure the maintenance, restoration, and
enhancement of the City's existing urban forest, thus protecting natural resources. Accordingly, the
project qualifies for exemption under Guidelines Section 15307.
Section 15308 - Actions by Regulatory Agencies for Protection ofthe Environment
The proiect proposes to update the City's existing Tree Ordinance with stronger replacement and
noticing requirements and codify current City practices. The project is aimed at protecting existing
trees and enhancing the existing urban forest. As noted above in the discussion of Guidelines
Section L5307, the proposed update to BMC Chapter 11.06 would serve to protect trees (and the
environment generally) by 1) expanding the definition of a protected tree, 2) expanding the notice
requirements for removal of protected trees, 3) lncreasing or adding replacement and reforestation
requirements, and establishing a tree replacement fund.
Finally, the updates to BMC Chapter 11.06 acknowledge that there are certain development
projects (e.9., ADUS or other ministerial housing projects) where the City could not preclude tree
removal. The provisions governing ministerial projects are not a "relaxation of standards" allowing
environmental degradation which would preclude reliance on Guidelines Section 15308; instead,
those provisions implement and are consistent with state law requirements.
ln sum, the project would adopt procedures that assure the maintenance, restoration,
enhancement, or protection ofthe environment and would thus qualify forexemption under
Guidelines Section 15308.
1871The Alameda, Suite 200. San.losd, CA 95126 . Tel: (408) 248-3500. www.davidjpowers.com
CEQA Guidelines Section 15308 relates to actions taken by regulatory agencies as authorized by
state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of the environment.
Perthe Guidelines, construction activities and relaxation of standards allowing environmental
degradation do not qualify for exemption under 15308.
Section 15300.2 - Except ions
CEQA Guidelines Section 15300.2 sets the following exceptions:
9
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to
be located - a project that is ordinariv insignificant in its impact on the environment may in
a particularly sensitive environment be significant. Therefore, these classes are considered
to apply all instances, except where the project may impact on an environmental resource
of hazardous or critical concern where designated, precisely mapped, and officialv adopted
pursuant to law byfederal, state, or local agencies.
(b) Cumulative lmpact. All exemptions for these classes are inapplicable when the cumulative
impact of successive projects ofthe same type in the same place, overtime is significant.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a
reasonable possibility that the activity will have a significant effect on the environment due
to u nusual circumstances.
(d) Scenic Highways. A categorical exemption shall not be used fora project which may resuh in
damage to scenic resources, including but not limited to, trees, histork buildings, rock
outcroppings, or similar resources, within a highway officially designated as a state scenic
highway. This does not apply to improvements which are required as miti8ation by an
adopted negative declaration or certified ElR.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a
site which is included on any list compiled pursuant to Section 65952.5 of the Government
Code.
(f) Historical Resources. A categorical exemption shall not be used for a project which may
cause a substantial adverse change in the significance ofa historical resource.
Exception 1$m.2(a) only applies to Class 3, 4,5,6, and 11 exemptions. The propcsed update to
BMC Chapter 11.06 is categorically exempt underClass 7 and 8; therefore, this exception is not
applicable to the project under CEQA Guidelines Section 15300.2(a). As noted in the proposed
ordinance, trees that are designated, precisely mapped, and officially adopted by the City are
proteded by chapter 11.06.
The proposed update to BMC Chapter 11.06 would not contribute to cumulative impacts related to
tree removals, as there are no other programmatic actions being conskJered by the City that would
also involve changes to the City's tree protection policies. The proposed update to BMC Chapter
11.06 does not propose or allow for any specific development. Once adopted, the ordinance would
include higher tree replacement ratios forfuture development projects throughout the City, as
described in detail in Section ll. Additionally, the definition of a protected tree would be modified to
include any private tree with a circumference of tl4 inches or more when measured 54 inches above
natural grade as opposed to the current definition of 48 inches. These changes would be
environmentally beneficial. As such, the proposed update to BMC Chapter 11.06 would not result in
a cumulatively considerable impact, and no exception to the exemption would apply under
$3m.2(b).
10
1871The Alameda, Suite 200. San los6, CA 95126 . Tel: (408) 248-3500 . www.davidjpowers.com
The proposed update to BMC Chapter 11.06 would not cause a significant effect due to unusual
circumstances. lt is intended to and will promote tree replacement and reforestation. The project
would not cause a substantial adverse change in the significance of a historical resource as it does
not address or otherwise regulate development or its impacts to historical resources. Thus, no
exception to the exemption applies under 15300.2(c) or 153m.2(f).
There are no state scenic highways within the City of Burlingame. As such, the provisions of BMC
Chapter 11.06 do not apply to trees within state highway right-of-way. Since the project is not
focused on a particular site and would not result in specific development, it would not be located
on a site included on any list pursuant to Section 65962.5 ofthe Government Code. Thus, no
exception to the exemption applies under 15300.2(d) or $3m.2(e).
For the reasons described above, none ofthe exceptions under CEQA Guidelines Section L5300.2
apply to the project, and the proposed update to BMC Chapter 11.05 would not be disqualified for a
categorical exemption.
V. Conclusion
As documented in Section lV. Environmental Review, none ofthe exceptions contained in CEQA
Guidelines Sedion 15300.2 apply to the project and the project meets the criteria in CEQA
Guidelines Section 15307 and 15308. The project, therefore, qualifies as exempt from the
provisions of CEQA underClasses 7 and 8 ofthe CEQA Guidelines.
11
1871 Ihe Alameda, Suite 200 . 5an Jose, CA 95126 . Tel: {408) 248-3500 . www.davidjpowers.com