HomeMy WebLinkAboutReso - PC - 2020.02.24-8DA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
RECOMMENDING TO THE CITY COUNCIL, ADOPTION OF AMENDMENTS TO TITLE 25 (ZONING
CODE) OF THE BURLINGAME MUNICIPAL CODE, CHAPTERS 25.59, 26.60, 26.26, AND 26.70 TO
UPDATE EXISTING ACCESSORY DWELLING UNIT REGULATIONS TO BE CONSISTENT WITH
RECENTLY ADOPTED AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2
AND 66852.22 RELATED TO ACCESSORY DWELLING UNITS
THE PLANNING COMMISSION OF THE CITY OF BURLINGAME HEREBY FINDS:
WHEREAS, on October 19, 2019, the State of California enacted legislation known as Assembly
Bill 881, Assembly Bill 68, and Senate Bill 13, which, among other things, amended Sections 65852.2
and 65852.22 of the Government Code pertaining to accessory dwelling units and junior accessory
dwelling units; and
WHEREAS, the State of California has enacted legislation to encourage the construction of
accessory dwelling units and junior accessory dwelling units in single family and multifamily residential
zones, as further defined in this ordinance: and
WHEREAS, the revisions to State Law became effective on January 1, 2020. Local jurisdictions
are required to comply with the new requirements, which supersede local ordinances. The proposed
zoning amendments would ensure that the Burlingame Municipal Code is consistent with the new
recently 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 25.59, 25.60, 25.26, and 25.70, as detailed in Exhibit
A, attached; and
WHEREAS, Government Codes Sections 65852.2 and 65852.22 requires the City of Burlingame
to adopt zoning regulations in compliance with State law provisions regarding accessory dwelling units
and junior accessory dwelling units; and
WHEREAS, the proposed amendments to the zoning code related to accessory dwelling units
are Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines section 15282(h) which exempts the adoption of an ordinance regarding second units in a
single-family or multifamily residential zone by a city or county to implement the provisions of Sections
65852.2 and 6582.22 of the Government Code as set forth in Section 21080.17 of the Public Resources
Code; and
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
February 24, 2020, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing:
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council
that it adopt amendments to Title 25 (zoning code) of the Burlingame Municipal Code, Chapters 25.59,
25.60, 25.56, and 25.70, to update existing accessory dwelling unit regulations to be consistent with
recently adopted amendments to California Government Code Sections 65852.2 and 65852.22 related
to accessory dwelling units.
Cbai person
1, 4AA'0"j T`d15' Secretary of the Burlingame Planning Commission, do hereby
certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning
Commission held on the 24th day of February, 2020, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2
Secretary
EXHIBIT "A"
Chapter 25.59 Accessory Dwelling Units is amended as follows:
Chapter 25.59
ACCESSORY DWELLING UNITS AND JUNIOR gCCESGnRwDM—Q. IN MNITS
Sections:
25.59.010 Purpose.
5. 01 Definitions.
25.59.020
Applications andj2rocessina.
25.59.030
Appeal.
26.59.040
259060
Revocation of aGGOSSory
VaFl.nc
dwelling
unit permit.
5. 05
rohlbited-.
inimum standards
for eliaibility
25.69.060
General requiremen
s and restriction¢
P ' ....,.. tanate-fn
5
Develo ment standards
for ac
ssory dwellina units
5 0
Development standards
folr�unior
accessory dwellin mits
5.5 90
AScessorV dwellina
units on multifamil
r sides+ia� nrn n>r?io
2 9.1 0
e ' n.
5 0
emlim-
Zq_0_1_2Qli
i
59. 0
Delay of enforcement
of h��
Chapter 25.69 Accessory Dwelling Units, Section 25.59.010, is amended as follows:
25.59.010 Purpose.
The purpose of this chapter is to regulate both -existing and i4ew accessory dwelling units ADUs
and junior accessory dwelling units (JADUs1 in compliance with California Government Code Sections
65882.2 and 65852.22. stateav
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 and multifamily 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.
3
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 andprovision of this wchapter is in conflict with State law, the
applicable provision of State law shall control but all other provisions of this chapter shall remain in
full force and effect.
An accessory residential dwelling unit or junior Accessory dwellina 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.
Chapter 25.59 Accessory Dwelling Units, Section 25.59.015 Definitions, is added as follows:
25.59.015 Definitions.
The followin terms shall have the followin meanin s for this cha ter onl and shall su ersede
the terms defined by Chapter 25 08 (Definitions);
Lai
"Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit
ancillar to a rimar dwellin unit that rovides com lete inde endent livin facilities for one 1 or
more persons and is located --on lot_with a rp Oposed or existing pEmary residence. It shall include
permanent provisions for living sleeping eating cooking and sanitation on the same parcel as the
sin le famil or multifamil dwellin is or will be situated. An accessor dvvellin unit also includes an
efficiency unit as defined in Section 17958.1 of the Health and Safe Code and a manufactured home,
as defined in Section 18007 of the Health and Safety Code This Chapter recognizes three types of
access or dwellin units as defined below. Where a ro osed accesso dwellin unit does not clear)
fall into one of the defined types the Community Develo ment Director shall make a determination
pursuant to Code Section 25.16.150.
M "Attached accessory dwelling unit means an accessory dwelling unit that is constructed as a
ph sical ex ansion i.e� addition _of an existing primary dwelling unit, including construction of a new
basement underneath a primary dwelling unit to accommodate an accessory dwelling unit
M "Detached cccessory dwelling unit" means -an Accessory dwelling unit that is. constructed as
a separate structure from the primary dwelling unit or contained within the existina space of an
accessory structure (as defined herein)
"Interior accessory dwelling unit" means an accessory dwelling unit that is contained within the
existing space of arimary dwelling unit including within its living area basement or attached garaae-
constructed as part of posed primary dwelling unit or created from non -livable space of a
multifamily. dwellin
(b) "Accessory structure" means a structure that is accessory and incidental to a dwelling located
on the same lot.
LCI
"Efficiency kitchen" means a kitchen that includes each of the following:
A sink and cooking facility with appliances (e.q. microwave toaster oven or hot plate
u A food preparation counter and storage cabinets that are of reasonable size in relation to the
size of the 'unior accessor dwellin unit.
(d1 "Junior accessory dwelling unit" or "JADU" means a residential dwelling unit that:
L) is no more than 500 square feet in size
(2) is contained entirely within an existing or proposed single fami� dwelling,
includes AL2wn separate sanitatioh facilities Lathroom containing a sink, toilet, and_shower
or tub or ma share sanitation facilities with the existin or ro osed sin le famil structure and
includes an efficigncv.kitchen, as defined in subsection (c) above.
Le) "Livin area" means the interior habitable floor area of a dwellin unit includin basements
and attics but does not include a garage or any accessory structure.
"Nonconformin zonin conditions" means a h sical im _rovement on a ro ert that
does not conform with current zoning standards
(g1 "Passageway" means a pathway that is unobstructed clear to the sky and extends from a
street to the entrance of an accessor dwellin unit or unior accessor dwellin unit.
fhj
"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,,
.Cq "Tandem parking" means a arkin confi uration where two 2 or more automobiles are
parked on a driveway or.in any other location on a I_ of lined up behind one another.
Chapter 25.59 Accessory Dwelling Units, Section 25.59.020 Accessory dwelling unit permit
procedure, is amended as follows:
25.59.020 Applications and pro csina
(a) Applications for ADU and JADU permits ' shall be in
writing and filed with the Community Development Department on a
form approved by the eCommunity dDevelopment dDirector.
(b) As established by council resolution, a fee will be charged for an application for an ADU or
JADUaGGessery dwelling uno permit under this chapter. All ADUs and JADUs are also subiect to
building permit fees
(c) Within sixteen "o wAdFed—wG* (60429) days of receipt of a complete application, the
Community Development Department staff Gemmunity development direGte shall ministerially process
for approval any application for an aGGesseFy dwelling uniADU or JADU permit pursuant to this chapter.
Incomplete applications will be returned with an„explanation of what additional information is required.
Upon finding that the ADU or JADU meets the reauirements of this chapterpeFformanse standards set
the gpdjqqfipnpFGpe&aI shall be approved ministerially without
discretionary review or public hearing and the applicant may proceed to acquire a building permit. All
ADUs and JADUsaGsessery units are categorically exempt from CEQA pursuant to Sections 15301 and
15303 of the CEQA guidelines. if the appliGation dees nat meet all of the requirements of this ehapteF,
the GOMMunity development diFeGtOF shall deny the appliGation.
(d) If an a lication for an attached ADU or JADU is submitted with an a lication for an addition
to an exi
esn review or otheadiscrefionlarp perm t forr the same parcel! the apnlil a on Ifo that is rJAt
to
digo
�- the ADU or JADU
ermit shall not be acted u on until the a lication for desi n review or other discretionary Rgynit is
approved__Followingthe approval for design review or other discretionary permit for the rip mardwd elling
unit the ADU_or JADU application will be ministerially rocessedawithin 60 days of receipt of a complete
application and approved if it meets the reauirements of this chapter
(e) If the applicant requests a.,delay the 60-day timeperiod for approval shall be tolled for the
enod of the delay.
Chapter 25.59 Accessory Dwelling Units, Section 25.59.040 Revocation of accessory dwelling
unit permit, is amended as follows:
25.59.040 Revocation of permit.
(a) Grounds. An ADU or JADU.aGG ssery dwelling unit permit granted pursuant to this chapter
may be revoked on any one or more of the following grounds:
(1) Failure to comply with the requirements of this chapter T"^ �^ ^ + + }
or
(2) The ADU or JADU is no longer used for residential purposes; or
(3) The parking required by this chapter is no longer provided; or
(b) Notice. Written notice to revoke an ADU or JADU___ec8_r; dweWng -„? 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:
(1) The reasons for the proposed revocation.
M
(2) That the proposed action will be taken by the Communitv Development Director direeteK e#
Grimmunity development unless a_written. request for a hearing before the PlanninCommission
is requested within fifteen (15) days after the date of said notice. If no response
is received, the Communitv Development Director
will revoke the ADU or JADU permit as set forth in thesaid notice.
(c) Hearing. If a hearing is requested, at least ten (10) days' notice thereof shall be given to the
requested party. At theany—such hearing, the property owner nMshati call witnesses and present
evidence in his or her behalf. Upon conclusion of thesueh hearing, the Planning Commission
will determine whether or not the permit willshall 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.
Chapter 25.59 Accessory Dwelling Units, Section 26.59.060 Variances prohibited, is repealed as
follows:
Chapter 25.59 Accessory Dwelling Units, Section 25.69.055 Minimum standards for eligibility, is
added as follows:
25.59.055 Minim s RMLards for eU bility
La No minimum lot area is re uired for creation of an ADU or JADU.
�b An ADU or JADU shall only be allowed on a parcel which has been leaally created in
compliance with the Subdivision Map Act and Title 26 (Subdivisions) and where the ADU or JADU is
developed with an existing_or pro osed_single family dwelling except for ADUs constructed on
multifamily residential properties pursuant to Section 25.59.090.
u ADUs may only be permitted in districts zoned_to allow single family dwelling or multifam
dwelling residential use as a permitted useADUs are also permitted onpi parcel that has a current
and valid nonconforming single family or multifamily residential use so long as the ADU complies with
all other portions of this chapter
(d� JADUs may only be permitted in districts zoned to allow a single family dwelling residential
use as a oermitted use. JADUs are also permitted on ail oarcel that has a --current and valid
nonconforming single faml residential use, p2 long as the JADU com Ip ies with ail other portions of this
chapter.
7
Chapter 25.59 Accessory Dwelling Units, Section 26.59.060 Performance standards for
accessory dwelling units, is repealed and replaced as follows:
Me
� �C�e,
I ��CM MR.M.
A -
MIN. r
A WINNOW;
I
__
•. ..; -O
25.59.060
The followi
.•• .• -
Lal ADUs and JADUs shall comply with all applicable provisions of this title and all applicable
buildin health and fire codes. However ADUs and JADUs shall not be re uired to mvide fire
sprinklers unless re uired for the primary single family dwelling or multifamil dwelling structure.
(bA All development standards contained in the underlying zoning district including Chapter 25 60,
shall,appli to ADUs and JADUs unless theyareinconsistent with p-
the provisions of this cha t�er m.Which
_� ..
case the development standards of this chapter shall apoly
fq) Accessory dwelling_units.
1(� ADUs may be rented separate) from the single family dwelling or multifamil dw�
structure but may not be sold or otherwise conveyed separatelfrom the other dwellings on the lot
0 ADUs may not be rented for fewer than 30 consecutive calendar days.
(3Q ADUs are.not subject to any owner -occupancy requirement.
M Junior accessor dwellin units.
L� JADUs may be rented separately from the single family dwelling but may not be sold or
otherwise conveyed separately from the single family dwelling on the lot
10
JADUs may not be rented for fewer than 30 consecutive calendar days
Q 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 an9Jermanent residence, However the owner -occupancy, requirement of this_paractra h does
not a I if the property is entirely owned by another governmental agent land trust or housing
or anization. Prior to issuance of a buildin ermit for a JADU the owner shall record a covenant in a
form prescribed by the city attorney. which shall run with the land and provide for the followings.
A prohibition on the sale of the JADU se grate from the sale of the sin le famil dwellin
. ii A restriction on the size and attributes of the JADU consistent with this sections
iii A prohibition against renting the property for fewer than 30 consecutive calendar days and
Qv A requirement that either the primary residence or the JADU unit be the owner's bona fide
principal residence unless the owner is a governmental agency land trust or housing organization
Le -I If an ADU or JADU which was created within a single family dwelling accessory structure or
multifamilY dwellin structure is re uired to be removed or is voluntanI i removed the kitchen facilit
shall be removed and the space shall be converted back to its original use If an ADU was newly
constructed (1) the space or structure shall be entirely removed or (2) the kitchen facility shall be
removed and the s ace shall be converted to Dermitted use allowed within the under) inq zoning
district or 3 the kitchen facility shall be removed and the applicant shall obtain the appropriate land
use permit for the proposed use within the space.,
Q Certificates of occupancy A certificate of occupancy for an ADU shall not be issued before a
certificate of occupancymis issued for the primary dwelling unit.
fa) Deed restriction. Prior to issuance of a buildingpermit for an ADU or JADU a deed
restriction must be recorded a ainst the title of the pro erty in the CounhRecorder'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 rov_ided b the Cit and
must provide that:
L11The ADU or JADU shall,gnot be sold separated from the primary dwelling._
M The ADU or JADU is restricted to the approved size and to other attributes allowed by
this Section.
M The deed restriction runs with the land and made enforced against future property
owners.
The deed restriction may be removed if the owner eliminates the ADU or JADU, as
evidenced b for exam le removal of the kitchen facilities. To remove the deed restriction
an owner m make a written reauest of the City providing evidence that the ADU or JADU
11
has in fact been eliminated The Citv may then determine whether the evidence supports the
claim that the ADU or JADU has been eliminatedAppeal may be taken from the Citv,s
determination consistent with other rovisions of this Code. If the ADU or JADU is not entire)
physically removed but is only eliminated by virtue of having a necessary component of an
ADU„or JADU removed. the remaininstructure and improvements must otherwise comply
with applicable provisions of this Code.
fQ The --deed is enforceable by the Community Development Director or his or her
R999999
e benefit of the Citv Failure of the property owwith the deed restriction
egal action against the property owner and uthorized to obtain any_le to it at law or equity including but not limitean injunction enjoining
ADU or JADU_ in violation of the recorded reabatement of the illegal
Chapter 25.59 Accessory Dwelling Units, Section 25.59.070 Development standards for
accessory dwelling units, is added as follows:
An ADU shall be constructed onlv__n inwith the following development standards.
La Location and number. Onl one 1 ADU shall be ermitted er lot which contains anexistin
orproposed single family dwelling ADUs may be located in any of the following
M Within the walls of an existing or proposed single family dwelling;
Attached to an existing or proposed single family dwelling
Within an existin accessor structure; or
L41 Detached from the single family dwelling but located on the same lot as the existing or
proposed single family dwelli�.
(b� Minimum size. No ADU shall be smaller than the size required to allow an efficiency unit
pursuant to Health and Safety Code Section 17958 1
Lc Maximum size. The maximum floor area for an ADU shall be 850 square feet or 1 000 square
for two (2 or more bedrooms
(11) If the ADU is created b)Lconverting space within an existing
sin le family dwelling or accessory
structure:
12
Q an expansion limited to 150 square foot beyond th_._„ e_ph sy ical dimensions of the existing single
family dwelling or accessory structure is permitted strictly to accommodate ingress and egress to the
ADU this additional square footage shall be exempt from lot coverage and floor area ratio
re uirements. The side and rear setback re uirements for the single family�dwelling may be reduced
to no less than four (4) feet to accommodate an exterior stair and landing that provide reauiredaccess
to the ADU rf it is located on the second stor�r; and
ii the ADU must have side and rear setbacks sufficient for fire and safety as dictated by
Applicable building and fire codes
(d) Floor area ratio and. lot coyeraga. An ADU measuring no more than 850 square feet in size
shall be exem t from floor area ratio and lot covera ie re uirements. An ADU reater than 850 s ware
feet shall com I with the floor area ratio and lot coverage re ulations as specified by theplicable
zoning district.
(e) Maximum living area within a single family dwelling An attached or interior ADU shall not
exceed fifty percent (50%) of the living_@rea of the single family dwelling. except to the extent necessary
to allow an ADU of up to 850 square feet
ffj Allowable rooms. An ADU shall be limited to a maximum of two (2I bathrooms and twot2)
bedrooms (defined as a habitable room with an area not less than 70 square feet as described by
California Buildin Code . An ADU shall also contain no more than one 1 kitchen facilit .
igj Setbacks. An ADU (attached or detached) shall conform to thefollowing setback_standards:
A setback of four (4) feet is required from the side and rear property lines; however, no
setbacks shall be re wired under the following circumstances:
(ii Existing livable space or an existing acressory structure that is converted, in whole or in
part, to an. DU,
ii The ADU is constructed in the same location and to the same dimensions as an existing
structure that is demolished solely for the purpose of constructing the ADU or
fl-iil Construction of a new detached ADU entirely located within the rear 30% of the lot If
any portion of the detached ADU is located forward of the rear 30% of the lot it shall comp) with
the setback requirements of the applicable zoning district in which it is located, but no more than
four (4) foot side or rear setbacks shall be required
M. There shall be a minimum four 4 foot separation between a detached ADU and any
other structure on the lot.
(Q Where an existing single family dwPllin�ted within the rear 60% of the lot, a
detached ADU may be located in front of the single family dwelling but not in any portion of the
Le quired front setback
13
u Maximum hei ht and stories.
(1) Detached ADUs.
DI All detached ADUs shall be limited_ to one�1Z_story in height and shall not be constructed
above detached garages or detached accessory structures except for accessor( dwelling units created
entire[( within an existing legal two-story detached accessory structure
ii The maximum allowed building height for a detached ADU is 16 feet as measured from
avera a adIacent rade to the to of the hi hest roof rid e• the roof shall be itched from rid a to late
on at least two (2) sides and the ridge shall be no closer than five (5) feet to a side property line
fifil The maximum allowed late hei ht is 9 feet as measured from avera le ad'acent rade to
the top of Ip ate
M Attached ADUs. Attached ADUs maybe constructed on the first or second floor of an existing
or proposed single family dwelling and shall be subject to the height requirements of the applicable
9onin9districtwin which it is located.
Entrance. An ADU shall have a se arate exterior entrance from the main entrance to the
existing or proposed single family dwelling For an ADU located entirely on a second story this shall
re uire a se arate interior or exterior stairwa(. The entrance to the ADU shall not face the same public
street as the entrance to the single family dwelling unless it is the only location determined to comply
with applicable building and fire codes A passagewayfrom the ADU to a public street may be created
but is hot re wired.
fO Windows and skylights. The placement of windows and sk lights in ADUs shall comply with
all applia cable buila ding nd fire codes.
Balconies/Decks. Balconies second stor decks and rodito terraces are rohibited for all
ADUs.
j DI Interior Connection. Attached and interior ADUs may but are not be required to contain an
interior doorwa connection between the sin le famil dwelling and ADU.
fm) Permanent Foundations.
!01 All ADUs shall be permanently attached to a permanent foundation.
0 A recreational vehicle commercial coach trailer ,_motor home camnor camping trailer boat
or similar vehicle shall not be used as an ADU.
Existing ADUs built before Janua 1 1954 For existing ADUs built before January,1. 1954
the following additional criteria shall be met:
M The ADU shall conform to the re uirements of the California Health and Safet Code S_ectio_n
17920.3 and the Uniform HousinCode as adopted by Section 17922
14
0 Improvements ma be made to the ADU so long_as it conforms to the requirements of this
chapter and corrects any violation of Health and Safety Code Section 17g20 3 and the Uniform Housing
Code.
Chapter 25.59 Accessory Dwelling Units, Section 25.59.080 Development standards for junior
accessory dwelling units, is added as follows:
5 0 Development standards for iunior accessory dwellina units
A iunior accessory dwelling unit shall be constructed only in accordance with the following
development standards
faj Location. The JADU may only be located within the walls of an existing or_proposed single
fami-V dwelli i. The JADU must have side and rear setbacks sufficient for fire and safet as dictated
by applicable building and fire codes
Lb Number. Only one (1) JADU shall be permitted per lot which contains an existing or proposed
single family dwelling A JADU may be allowed in conjunction with one (1 I detached ADU on the same
lot as long as the ADU does not exceed 850 sauare feet.
U Minimum size. No JADU shall be smaller than the size required to allow an efficiency unit
ursuant to Health and Safet Code Section 17958.1.
Maximum size. The JADU shall not exceed 500 square feet in area. An ex ansion limited to
150 square foot bond the h sisal dimensions of the existingsingle family dwelling is permitted strictly
to accommodate ingress and egress to the JADU: this additional sauare footage shall be exempt_from
lot covera a and floor area ratio re uirements. The side and rear setback re uirements for the single
family dwelling may be reduced to no less than four (4 feet to accommodate an exterior stair and
LandM—tha, t provide required access to the JADU if it is located on the second story.
iq) Kitchen. The JADU shall contain an efficienc kitchen satisf in the followin thecriteria:
.� Contains a sink and cookingfacilitvwith appliances(e.q. microwave toaster oven or hot plate)
LJ2 C_onta ins a food Pre oaration counter an I ie cabinets that are of reasonable size in relation
to the size of the JADU.
t� Bathroom. The JADU may have a separate bathroom or may share a bathroom with the
single famil dwelling. The bathroom shall contain a_sink toilet, and.shower or tub. If the bathroom is
shared there must be a connecting door between the AJ DU and the sin le family dwelling
15
(M Entrance. The JADU shall.have a separate exterior entrance from the main entrance to the
existing or proposed single family dwelling The entrance to the JADU shall not face the same public
street as the entrance to the nrimnry dwellin I unless it is the onl f location determined to com I with
applicable building and fire codes, A passagewayfrom the ADU to a public street may be created but
shall not be required.
(h1 A JADU is not considered a separate or new dwelling for �urposes of fire safety or life
safety
Chapter 26.59 Accessory Dwelling Units, Section 25.59.090 Accessory dwelling units on
multifamily residential properties, is added as follows:
25 59 090 Acce r dwelling units ul ' mi v residential nron rtiac
The following requirements and restrictions apply to creation of ADUs on multifamily residential
properties.
LM Forthe Ouirloosesofthissection the term"multifamily dwellin structure" means two 2 ormore
residential units contained within one 1 or.more buildings on the same lot.
{� Conversion. A minimum of one 1 and u to 25 ercent of the existin dwelling units within a
multifamily dwelling structure may be created within existing non -livable spaced including but not
limited to storage rooms boiler rooms passageways attics basements or garages provided that the
dwellings complyr with building and fire codes An ADU shall not be created within any portion of the
habitable area of an existin dwellin unit in a multifamily structure When calculating the number of
allowed ADUs based on the percentage of existngmultifamily unit round down to the nearest inte er.
M Spaces required as part of a condition ofapproval or zonincJ_r_eguirement (e.g. bike storage
room cannot be converted to ADUs.,
LCA New detached ADUs. In addition to ADUs _allowed b subsection b up to two �2) new
detached accessor dwelling units mqy allowed provided that the.height does not exceed 16 feet
and that four (4) foot side and reward setbacks are maintained. These ADUs shall be subject to the
standards requirements and restrictions of this Chapter
New detached ADUs shall not be located between a multifamily dwelling stnucture and
property Ime abutting a public _street where an existing multifamily dwelling structure is
located within the rear 60% of the lot a detached ADU ma be located in front of the multifamily
dwelling structure, but not in any portion of.the required front setback.
Q There shall be a minimum four (4) foot separation between a detached ADU and any
other structure on the lot.
16
Chapter 25.59 Accessory Dwelling Units, Section 25.59.100 Design, is added as follows:
The design of accessory dwelling units shall conform with the following standards•
Lal Attached and detached accessor dwelling units. Attached and detached ADUs shall
incorporate the same or similar architectural features and building materials as the primary structure
located on the ri il irtif. Compatibilitlif I I xima I If structure includes coordination of exterior
building and roofing materials roof slope and other architectural features;,
rior accesso dwellin units. Interior accesso dwellin units contained within the
gffiengt
ce of an attached garage shall include removal of garage doors which shall be replacedtural features the same as those. of the_ rimary dwelling unit including the same walldow type and trim that remove any appearance that the structure was originally a garageall contain at least one (1) window that is consistent in size and type with other existingthe_same building facade.
Chapter 25.59 Accessory Dwelling Units, Section 25.59.110 Parking, is added as follows:
25.59.110 Parking.
La Unless otherwise provided in this section one (1) off-street parking space shall be provided
for the ADU in addition to the off-street parkin spaces required for the sin le famil�wellin or
multifamily residential structure,_All parking shall be provided on a hard all-weather surface
fPj 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.
Lo
No parking shall be reauired for an ADU in any of the following instanres;
01 The ADU is located within one-half mile walking 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 forms of trans ortation
that charge set fares run on fixed routes and are available to the public.
The ADU is located within an architecturallvgnd historically significant historicdistrict
-) The ADU is part of the proposed or existing primary residence or an existing accessory
structure.
4) When on -street parking permits are reauired but not offered to theoccupant of the ADU.
L) When there its an established car share vehicle stop located within one block of the ADU.
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km
No parking shall be required for a JADU and env parking displaced by its construction,
including conversion of all or part of an existing attached garage, are not re_ uiq red to be replaced.
{e1 When a garage carport or coveredarkinn structure is demolished in conjunction with the
construction of an ADU or converted to.an ADU those off-street parking spaces are not reauired to be
replaced.
be
Chapter 25.59 Accessory Dwelling Units, Section 25.59.120 Utilities, is added as follows:
25.5 .120 Utilities.
{,a No ADU or JADU shall be permitted if it is determined that there is not adequate water or
sewer service to the property
Lb Except as provided in subsection (� an ADU may be reauired 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 (DFUI values Separate electric and water meters shall be required for theADU
1c) The following ADUs_shall be exem t from a.._�reguirement tominstall a new or separate utility
connection and to pay env associated connection or capacity fees or charges
L1 Junior accessory dwelling units
�2 Standard ADUs converted from interior space unless the unit is constructed within a new
single-faamily home
Chapter 25.59 Accessory Dwelling Units, Section 25.59.130 Delay of enforcement of building
standards, is added as follows:
9M. 130 Delay of enforcement of building standards
LaI Prior to January 1 2030 the owner of an ADU that was built before January 1 2020 may
submit a written request to the Chief Building Official requesting that correction of env violation of
building standards be delayed for five (5) years. For purposes of this section. "buildin standards" refers
to those standards enforced b_v local agencies under the authority of Section 17960 of the California
Health and Safe�
L41 The Chief Building Official will grant the application if the Chief Building Official determines
that enforcement of the buildi i standard is not necessary t orotect health and safety. In making this
determination, the Chief Building Official will consult with the Fire Marshal
it
LCI
No applications pursuant to this section shall be approved on or after January 1 2030
However, any delthat was approved by the city before Janus 1 2030,_shall be valid for the full term
of the dela that was a roved at the time of the a royal of the a lication.
(_dI Until January. 1 203_0 any notice to correct. a violation of building standard threat is issued to,
the owner of an ADU built before January 1 2020 shall include a statement that the owner has aright
to re uest a dela in enforcement of the buildin standard for an ADU ursuant to this section.
Chapter 25.60 Accessory Structures in R-1 and R-2 Districts, Section 25.60.010 Conditional use
permit requirements, is amended as follows:
25.60.010 Conditional use permit requirements.
Accessory structures in the R-1 or R-2 Districts shall be a conditional use requiring a conditional
use permit if any of the following will exist:
(a) Two (2) or more accessory structures, each having over one hundred twenty (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 R'X h, roared
forty-(640) 850 square feet or 1 000 square feet for two (� or more bedrooms;
(c) All accessory structures 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 850 square feet, or 1,000 square feet for two (2) or more bedrooms;
(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;
(f) Accessory structures will cover more than fifty (50) percent of the rear thirty (30) percent of a
lot; an accessory structure containinq an accessory dwelling unit which complies with the provisions of
Chapter 25 59 and obtains an accessory dwelling unit permit shall not be included in this calculation:
(g) 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;
Wel
(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) Where 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 structure has a pitched roof on both sides and the rear plate line does not exceed nine
(9) feet above the natural grade,
(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 property line, and the rear plate line does not exceed nine (9) feet
above the natural grade;; except that an accessory structure containing an accessory dwellina unit
which complies with the provisions of Chapter 25.59 and obtains an accessgry dwelling unit permit may
be up to sixteen J(161faet above„grade; and
(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;
0) Water or sewer connections to the accessory structure will exceed building code minimums
or the accessory structure will contain any shower, bath or toilet, except thatfor an accessory structure
containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and
obtains an accessory dwelling unit permit;
(RD 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 structure 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;
N) 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;
(ml) 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;
(ngm) 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.
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Chapter 25.26 R-1 District Regulations, Section 25.26.035 Uses allowed with a special permit, is
amended as follows:
25.26.036 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;
(b) Reduction in the number of parking spaces existing on site; except where the on -site parking
requirement is met per Chapter 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) An accesso structure Beta^ ed garage exempt from setback restrictions located within the
rear forty (40) percent of the lot;
(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 thatfor an accessory structure containing an accessory dwelling unit which
complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit;
Chapter 25.26 R-1 District Regulations, Section 25.26.037 Prohibited uses, is repealed as follows:
Chapter 25.70 Off -Street Parking, Section 25.70.010 Vehicle parking spaces to be provided, is
amended as follows:
25.70.10 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.
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(b) Parking with Remodel or Reconstruction. 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 and 'unior 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 otherwise expressly permitted 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.
Chapter 25.70 Off -Street Parking, Section 25.70.030 Requirements for single-family dwellings, is
amended as follows:
26.70.030 Requirements for single-family dwellings.
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 anew
single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to current
code dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport;
(2) A single-family dwelling hereafter 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 current code
dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage orcarport;
(3) For the purposes of subsections (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;
(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 or junior accessory dwellin 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 Sestienthe provisions of
Chapter 25.59.869(g4.
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RESOLUTION NO.
(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 forward direction.
(c) Parking Limitations.
(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) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of
the Vehicle Code) shall not be stored or parked in driveways or between a structure 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) In areas with sidewalks, to the inner edge of the sidewalk,
(B) In areas without sidewalks to five (5) feet from the inner edge of the curb,
(C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement.
Chapter 25.70 Off -Street Parking, Section 25.70.032, Requirements for duplexes,
apartment hotels and condominium is amended as follows:
26.70.032 Requirements for duplexes, apartment hotels and condominium.
(a) Except as specified below for properties within certain portions of downtown
Burlingame as identified in Figure 3-4 of the Burlingame Downtown Specific Plan, the
following are parking requirements for duplexes, apartments, apartment hotels and
condominiums:
(1) There shall be at least one and one-half (1 1/2) permanently maintained parking
spaces on the same lot with the building for each studio or one -bedroom dwelling unit in the
building.
(2) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms,
there shall be provided at least two (2) parking spaces.
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(3) For each dwelling unit containing three (3) or more bedrooms, there shall be
provided at least two and one-half (2 1/2) parking spaces.
(b) For properties within the area identified in Figure 3-4 of the Burlingame Downtown
Specific Plan, the following are parking requirements for duplexes, apartments, apartment
hotels and condominiums:
(1) There shall be at least one permanently maintained parking space on the same lot
with the building for each studio or one -bedroom dwelling unit in the building.
(2) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms,
there shall be provided at least one and one-half (1 1/2) permanently maintained parking
spaces.
(3) For each dwelling unit containing three (3) or more bedrooms, there shall be
provided at least two (2) permanently maintained parking spaces.
(c) Accessory dwelling units Where accessory dwelling units are allowed in compliance
with C .gptera25.59 arkin5shall be_provided with the provisions of Chapter 2$. .
(sd) Eighty (80) percent of the total required parking spaces shall be covered or within a
garage or carport. Parking spaces shall not be situated in the front or side setback areas. A
vehicle shall not be parked between a structure and the front or side property lines except in a
garage, driveway or other approved parking.
(de) Inoperative vehicles, vehicles, vehicle parts, boats and campers (as defined by
Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a
structure and front or side property lines.
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