Loading...
HomeMy WebLinkAboutReso - PC - 2024-11.25-9ARESOLUTION NO. 2024-11.25-9A CITY OF BURLINGAME PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT CITY OF BURLINGAME MUNICIPAL CODE TEXT AMENDMENTS TO TITLE 25 (ZONING) RELATED TO ACCESSORY DWELLING UNITS INCLUDING AMENDMENTS TO CHAPTER 25.40 (PARKING REGULATIONS), CHAPTER 25.48 (STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES), CHAPTER 25.60 (GENERAL PROVISIONS), CHAPTER 25.88 (PERMIT IMPLEMENTATION, EXTENSIONS, MODIFICATIONS, AND REVOCATIONS), CHAPTER 25.98 (APPEALS AND CALLS FOR REVIEW), AND CHAPTER 25.100 (PUBLIC HEARINGS AND NOTICE) THE PLANNING COMMISSION OF THE CITY OF BURLINGAME HEREBY FINDS: 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; and WHEREAS, Government Code Sections 66310-66341 require the City of Burlingame to adopt zoning regulations in compliance with State law provisions regarding accessory dwelling units and junior accessory dwelling units. The proposed text amendments would ensure that the Burlingame 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, as detailed in Exhibit A, attached; and WHEREAS, the proposed text amendments to Title 25 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 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; and WHEREAS, said matters were heard 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 at said hearing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council that it adopt City of Burlingame Municipal Code text amendments to Title 25 (Zoning) of the Burlingame Municipal Code, related to accessory dwelling units including amendments to Chapters 25.40, 25.48, 25.60, 25.88, 25.98, and 25.100. 1 I� unapperson ()� I I I SkDQ '� I, , Secretary of the Burlingame lanning Commission, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 25th day of November, 2024, by the following vote: REC CC ADOPT MUNI GOD XT AR. Ian¢ r0 TITLE T5 IZONINGI RELATED TO ADUs - RE O 20 411. c_oe AYES: COMAROTO, ORAN, LOWENTHAL PFAFF, SCHMID, SHORES, TSE NOES: NONE ABSENT: NONE' RECUSED:NONE - s Secretary EXHIBIT "A" Chapter 26.40 — Parking Regulations, Section 25.40.030, Required Parking Spaces, is amended as follows: 26.40.030 Required Parking Spaces. 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.E H. (Parking) Single -Unit Dwelling See Section 25.40.030.13. Two -Unit and Multi -Unit Dwellings All zoning districts except 1 space for studio units Guest parking: Downtown Specific Plan, 1.5 spaces for one -bedroom 1 additional guest parking BRMU, RRMU, NBMU, units space shall be provided for and R-4 2 spaces for two -or more every 4 units for projects bedroom units greater than 10 units 0.5 spaces per unit for housing occupied exclusively by persons aged 62 or older 0.75 spaces for micro units Downtown Specific Plan 1 space for studio or one- No additional guest parking zoning districts, BRMU, bedroom units spaces are required RRMU, NBMU, and R-4 1.5 spaces for two -bedroom units 2 spaces for three -or more bedroom units 0.75 spaces for micro units All 80 percent of the total required parking spaces shall be covered or within a garage or carport. Caretaker Quarters 1 space per dwelling Chapter 26.48 — Standards for Specific Land Uses and Activities, Section 25.48.030, Accessory Dwelling Units, is amended 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 66341.65852.2 and 66862.00. 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 chapter 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. 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-Gr, 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. in ;0-7p apd shall GeMply With subBeGtien H.3 (Maximum Si;xe) Gf this . 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 accessory 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). 4 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 accessory dwelling unit that is contained within the existing space of aan 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. 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. 1 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 7. "Living area" means the interior habitable floor area of a dwelling 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. 9J9. "Nonconforming zoning conditions" means a physical improvement on a property that does not conform with current zoning standards. 910. "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. 4911. "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. 41-12. "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 that 's in GanfaFinapGe with this h + shall hp quhr.n.#ted-to the Building Division andwhich shall be considered by the Building Division ministerially and without discretionary review or public hearina• Community Development Department an a fGFFn appFeved by the DiFeGtGr-. 2 3-2. Within 60 days of receipt of a complete application, the Building Division SefflFAaaity Development DepaFt ,G„t staff shall ministerially minis'eially pFaGess for appFaval 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 includewith �aplaaat;a 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 additional 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 ADUS and JADU applications are categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines. 473. If are 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 peFMit 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 primRly or multi -unit dwelling -.nit, the complete permit application for the ADU or JADU app#Gatien-will be ministerially processed within 60 days aPplisaiien and approved if it meets the requirements of this chapter. 5.4. If the applicant requests a delay, the 60-day time period for approval shall be tolled for the period of the delay. 1=D. Minimum Standards of Eligibility. 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 Sectiea 25.48-930:J-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. G-E. General Requirements and Restrictions. The following requirements and restrictions apply to all existing and new ADUs and JADUs, as applicable: f . ADUs and JADUs shall comply with all applicable provisions of this title and all applicable building, health and fire codes. However, ADUs and jAPUs—shall not be required to provide fire sprinklers unless required for the primary single -unit dwelling or multi -unit dwelling structure. 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. 4 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 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. e-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. ..it dwelling; i� A ..sF.'nF'n n 4h ti F4 'h F i4h IAI,I I consistent with thhR A nh'h'F'.. agaiRst renting the Prepe.F F fev.fer than 30 GGAAeGutive calendar days; trod IV A FBqUiFemept that either the primaryFesidenee or the IADI I - - - 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. Certificates 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 an ADU era 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 ADW of JADU shall not be sold separately from the primary dwelling. b. The ADU-or-JADU is restricted to the approved size and to other attributes allowed by this section. G. 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 ABU eF ADU, 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, providing evidence that the A^nIJ a JADU has in fact been eliminated. The City may then determine whether the evidence supports the claim that the ADU of JADU has been eliminated. Appeal m" be taken f the C•« determination consisten it , If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU er 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 6 limited to, obtaining an injunction enjoining the use of the ADU OF 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. 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 subiect to subsection F below. a. One ADU and one JADU per parcel with a proposed or existing single -unit dwelling if all of the following apply: The ADU or JADU is within the proposed space of a sinqle-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. 7 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 FA. 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 inteaer. 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 the allowed height in subsection F 5 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 44.F. Development Standards for Accessory Dwelling Units. An ADU shall be constructed only in accordance with the following development standards: NO 2-. Minimum Size. No A.DI-I shall Nm sMalleF than the size requiFed to allow an e#mGisnGy unit 1.3, Maximum Size. The maximum floor area for an attached or detached ADU shall be 850 square `eetOF-1,000 square feet, fer blve or mere, hadFoarns. The AP-1 must have side and Fear F;ethacks ';'-'MGEeRt foF fore and &aW, 2.4: Floor Area Ratio and Lot Coverage. An attached or detached ADU measuring no more than 800850 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 Aaattached or detached ADUs measuring greater than 800850 square feet, the entire ADU shall be counted and shall comply with the —floor area ratio and lot coverage regulations, . 3.5: Setbacks. An-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 a.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..=ef peFG8Rt of the let. IF a PGFtiGR f the rt 4 M d A Inl I of the ANYiplsableZOR'Rgdi 4 ' i 1Rh' h '1 is I thaf__-arc no yreateF th- 860 square feet J more than faur fnnt sich, or rizar sptbaGks shall be required. othernor Gt _en the let, measured h C-1 the Ci'FterfF3r �.A.FaFIS'-ef the strustwes. W 4.6 Maximum Height Limits. aad Steries ADUs shall be subject to the following height limits: a. Setashed Am' is A height of 16 feet for a detached ADU on a lot with an existing or proposed single -unit or multi -unit dwelling 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 walking 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. F;i;zp in relation tn the size of the aGG86sery dwelling unit. Entrance. A.R.A.Ml I shall have a separate extwieF entpaRGA frnm the main Pntran h exiStiRg OF PFOpesed single unit dwelling. F9F aR ADU leGated entirely on a seGeRd stGry, shashoulddwelling, - feasible.unie and- Mt._ No io ROM - - 6.�9: Balconies/Decks. Balconies, second story decks, and rooftop terraces are prohibited #er all AIDUs. terrace -Stairs and landings above the first floor shall be located a minimum of four feet from property line and shall be sized to meet minimum requirements to allow ingress and egress. 11 G. Development Standards for Junior Accessory Dwelling Units. A junior accessory dwelling unit shall be constructed only in accordance with the following development standards: SiAgle WRit GlWel'*RgThe jAPW must have side and rpar sethanks rliffisipnt for fire ;;P.4 41. 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. An expansion limited te 150 square feet beyond the physiGal i egFess to the jADW; this additional squaFe feetage shall be exempt fFGM lot the GiRgle unit dwelliRg may be Fpduned tn ne less than few feet to aGGOFAmadate an sesead stery- & . 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. f3-3. 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 a v^^^^cting dcc- between the AP dan interior entry to the main living area of the single -unit dwelling. 7.4. Entrance. The JADU shall have a separate exterior entrance from the main entrance to the existing or proposed single -unit dwelling. The entranne to +h -I.A.DI-I shall t faGe the same publiG street as the GRtFanee te the primaFy dwelling, 61RIeSS 0 t is the only 196atiGA A passageway from the ADU to a public street may be created but shall not be required. 9-5. A JADU is not considered a separate or new dwelling for purposes of fire safety or life safety. FILM NOR 44111111160 _- - - - NO RM H. Parking. 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: 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 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. 13 C. The ADU is part of the proposed or existing primary residence or an existing accessory structure. (A. 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. 44. When a permit application for an ADU is submitted 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)-(e) above. 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, er--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. mil. 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 M731 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. Standard-ADUs converted from interior space Ar Of ;add^w nntc t' ani�-dwepi . of an existing single unit dwelling or existingVaccessory structure-, unless the unit is constructed within a new single -unit dwelling 4GMe- 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. 14 N-.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 delav in enforcement -the ewneF of a+i-if the ADU that was built prior to shapterJanuary 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 right 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 for 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. 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 15 City may inspect the unit for compliance with health and safety standards and provide recommendations to comply 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 Chapter 26.60 — General Provisions, Section 26.60.020, Ministerial and Administrative Permits and Actions, is amended as follows: 26.60.020 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 Authority 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. 2-.f. 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). & . 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). 43. Hillside Area Construction Permits. An administrative permit providing for the review of certain development projects in the designated hillside area, as identified in Chapter 25.70 (Hillside Area Construction Permits). 6:4. 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). 6:5. 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 parcels. IR 7-.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). 8-7. 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). 9--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). 440-.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). 44-10. 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 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 AGoessery Il...elliRq Unit it D t issue Appeal of DeRial enl 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 17 Table 6.1: Review Authority Type of Action Applicable Code Section Role of Review Authority Director Commission Council 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 2642.050 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 Chapter 25.88 — Permit Implementation, Extensions, Modifications, and Revocations, Section 26.88.020, Effective Dates of Permits, is amended as follows: 25.88.020 Effective Dates of Permits. A. Approvals, Permits, and Variances. 1 • R GGessery Pweffing IJ =.t Permit A 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 becomes effective the date of determination. IN Chapter 25.98 — Appeals and Calls for Review, Section 25.98.030, Filing and Processing of Appeals and Calls for Review, is amended as follows: 26.98.030 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 permits 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: 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. appealed OR the ease ef a deRiak 19 Chapter 25.100 — Public Hearings and Notice, Section 26.100.020, Notice of Hearing, is amended as follows: 26.100.020 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. 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. 20 iv. No Radius Notification Required. Appeals of interpretations of the Zoning 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 fee 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. 21 RESOLUTION NO. 2024-11.25-9A CITY OF BURLINGAME PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT CITY OF BURLINGAME MUNICIPAL CODE TEXT AMENDMENTS TO TITLE 25 (ZONING) RELATED TO ACCESSORY DWELLING UNITS INCLUDING AMENDMENTS TO CHAPTER 26.40 (PARKING REGULATIONS), CHAPTER 25.48 (STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES), CHAPTER 25.60 (GENERAL PROVISIONS), CHAPTER 25.88 (PERMIT IMPLEMENTATION, EXTENSIONS, MODIFICATIONS, AND REVOCATIONS), CHAPTER 25.98 (APPEALS AND CALLS FOR REVIEW), AND CHAPTER 25.100 (PUBLIC HEARINGS AND NOTICE) THE PLANNING COMMISSION OF THE CITY OF BURLINGAME HEREBY FINDS: 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; and WHEREAS, Government Code Sections 66310-66341 require the City of Burlingame to adopt zoning regulations in compliance with State law provisions regarding accessory dwelling units and junior accessory dwelling units. The proposed text amendments would ensure that the Burlingame 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, as detailed in Exhibit A, attached; and WHEREAS, the proposed text amendments to Title 25 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 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; and WHEREAS, said matters were heard 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 at said hearing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council that it adopt City of Burlingame Municipal Code text amendments to Title 25 (Zoning) of the Burlingame Municipal Code, related to accessory dwelling units including amendments to Chapters 25.40, 25.48, 25.60, 25.88, 25.98, and 25.100. Chairperson 1, , 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 25th day of November, 2024, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2 Secretary EXHIBIT "A" Chapter 25.40 — Parking Regulations, Section 25.40.030, Required Parking Spaces, is amended as follows: 25.40.030 Required Parking Spaces. 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.E H. (Parking) Single -Unit Dwelling See Section 25.40.030.13. Two -Unit and Multi -Unit Dwellings All zoning districts except 1 space for studio units Guest parking: Downtown Specific Plan, 1.5 spaces for one -bedroom 1 additional guest parking BRMU, RRMU, NBMU, units space shall be provided for and R-4 2 spaces for two -or more every 4 units for projects bedroom units greater than 10 units 0.5 spaces per unit for housing occupied exclusively by persons aged 62 or older 0.75 spaces for micro units Downtown Specific Plan 1 space for studio or one- No additional guest parking zoning districts, BRMU, bedroom units spaces are required RRMU, NBMU, and R-4 1.5 spaces for two -bedroom units 2 spaces for three -or more bedroom units 0.75 spaces for micro units All 80 percent of the total required parking spaces shall be covered or within a garage or carport. Caretaker Quarters 1 space per dwelling Chapter 25.48 — Standards for Specific Land Uses and Activities, Section 25.48.030, Accessory Dwelling Units, is amended 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 66341.6F4152.2 and. 65852 22 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 chapter 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. 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-er, 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. An aGGessory dwelling unit may be between 150 and 1,000 square fee 6 n soze and shall Gernply with subseGtien H.3 (Maximum Size) of this seGtien 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 accessory 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). 2 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 accessory dwelling unit that is contained within the existf space of aan 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. 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. 1