HomeMy WebLinkAboutOrd 1939ORDINANCE NO. 1939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE, THE
ZONING ORDINANCE, CHAPTERS 25.08, 25.26, 25.50, 25.59, 25.60, AND
25.70 TO UPDATE EXISTING SECONDARY DWELLING UNIT REGULATIONS
TO BE CONSISTENT WITH RECENTLY ADOPTED AMENDMENTS TO
CALIFORNIA GOVERNMENT CODE SECTION 65852 RELATED TO
ACCESSORY DWELLING UNITS
The City Council of the City of Burlingame ordains as follows:
Division 1.
WHEREAS, on September 27, 2016 Governor Jerry Brown signed AB 2299 and SB
1069 into law. This legislation amends Government Code Section 65852.2, the regulations for
accessory dwelling units (ADUs, currently referred to as "Secondary Dwelling Units" in the
Burlingame Municipal Code). The amendments are intended to streamline housing production in
the face of the State's ongoing housing crisis by making it easier for property owners to
construct an accessory dwelling unit associated with a single family dwelling. Under the
legislation such units are now to be referred to as "Accessory Dwelling Units"; and
WHEREAS, the revisions to State Law became effective on January 1, 2017. Local
jurisdictions are required to comply with the new requirements, which supersede local
ordinances. In addition, jurisdictions are required to provide a copy of the Accessory Dwelling
Unit ordinance to the State Department of Housing and Community Development (HCD) within
60 -days of adoption, and;
WHEREAS, at its regular meeting of December 12, 2016, the Burlingame Planning
Commission reviewed proposed amendments to the Burlingame Zoning Regulations to bring
them into conformance with Government Code Section 65852.2 and recommended that the City
Council adopt the changes as proposed.
WHEREAS, at its regular meeting of January 17, 2017 the Burlingame City Council
conducted a duly noticed public hearing, and following conclusion of the hearing, introduced an
ordinance revising the Burlingame Zoning Regulations to bring them into conformance with
Government Code Section 65852.2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Division 2. Burlingame Municipal Code Title 25 - Zoning is hereby amended as follows:
ORDINANCE NO. 1939
Chapter 25.59 Secondary Dwelling Units is replaced in total with the following text:
Chapter 25.59 ACCESSORY DWELLING UNITS
25.59.010 Purpose.
The purpose of this chapter is to regulate both existing and new accessory dwelling units
in residential zoning districts and on residential property consistent with state law (California
Government Code Sections 65852.1 through 65852.2). This chapter is intended to implement
the Housing Element of the Burlingame General Plan by providing for additional housing
opportunities. This will be accomplished by increasing the number of units available within
existing neighborhoods while maintaining the primarily single-family residential character of the
area, and establishing standards for the development and occupancy of accessory units to
ensure that they are compatible with neighboring uses and structures, adequately equipped with
public utility services, safe for human occupancy, and do not create unreasonable traffic and
safety impacts.
An accessory residential unit which conforms to the requirements of this chapter shall
not be considered to exceed the allowable density for the lot upon which it is located and shall
be deemed to be a residential use which is consistent with the existing General Plan and zoning
designations for the lot.
25.59.020 Accessory dwelling unit permit procedure.
(a) Applications for such an accessory dwelling unit permit shall be in writing and
filed with the Community Development Director on a form approved by the Community
Development Director.
(b) As established by council resolution, a fee will be charged for an application for
an accessory dwelling unit permit under this chapter.
(c) Within 120 days of receipt of a complete application, the Community
Development Director shall ministerially process for approval any application for an accessory
dwelling unit permit pursuant to this chapter. Upon finding that the performance standards set
forth in Section 25.59.060 are met the proposal shall be approved ministerially without
discretionary review or public hearing and the applicant may proceed to acquire a building
permit. All accessory units are categorically exempt from CEQA pursuant to Sections15301 and
15303 of the CEQA guidelines. If the application does not meet all of the requirements of this
chapter, the Community Development Director shall deny the application.
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ORDINANCE NO. 1939
(d) Deed Restrictions. Prior to issuance of a building permit for an accessory
dwelling unit, or for improvements to bring an existing accessory dwelling unit into compliance
with the accessory dwelling unit permit requirements, an agreement of restriction shall be filed
with the county recorder. The agreement of restriction shall state the following:
(1) The accessory dwelling unit shall not be sold separately from any part of the
property on which it is located;
(2) The accessory dwelling unit is restricted to the standards specified in Burlingame
Municipal Code Chapter 25.59;
(3) Either the primary single-family dwelling or the accessory dwelling unit shall be
occupied as the principal place of residence of the record owner of the lot. In the case of
ownership by a corporation, partnership, trust or association, either the primary single-family
dwelling or the accessory dwelling unit shall be the place of residence of an officer, director or
shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of
the trust, a member of the association, or an employee of any such organization; and
(4) The restrictions shall be binding upon any successor in ownership of the property
and lack of compliance shall result in legal action against the property owner.
25.59.030 Appeal.
The applicant that requested the accessory dwelling unit permit may appeal the
community development director's denial of the request. The appeal shall be submitted to the
community development director in writing within ten (10) days after the date of the community
development director's decision. The appeal shall be heard by the planning commission in a
public hearing pursuant to the procedures established for discretionary actions in Chapter
25.16.
25.59.040 Revocation of accessory dwelling unit permit.
(a) Grounds. An accessory dwelling unit permit granted pursuant to this chapter may
be revoked on any one or more of the following grounds:
(1) The performance standards outlined in Sections 25.59.060 and 25.59.070 are
not being met; or
(2) No owner of the subject property resides on the property; or
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ORDINANCE NO. 1939
(3) The accessory dwelling unit is no longer used for residential purposes; or
(4) The parking required by Section 25.59.060 is no longer provided; or
(5) The primary single-family dwelling on the site is purposely demolished; or
(b) Notice. Written notice to revoke an accessory dwelling unit permit shall be served
on the property owner, as shown on the last equalized assessment roll, either personally or by
certified mail, and shall state:
(1) The reasons for the proposed revocation;
(2) That the proposed action will be taken by the director of community development
unless a hearing before the planning commission is requested within fifteen (15) days after the
date of said notice. If no response is received, the director of community development shall
forthwith revoke the accessory dwelling unit permit as set forth in said notice.
(c) Hearing. If a hearing is requested, at least ten (10) days' notice thereof shall be
given to the requested party. At any such hearing the property owner shall call witnesses and
present evidence in his or her behalf. Upon conclusion of such hearing, the planning
commission shall determine whether or not the permit shall be revoked. Such determination
may be appealed to the city council in the same manner as for appeals taken on applications for
the granting of conditional use permits or variances.
25.59.050 Variances prohibited.
No variance under Chapter 25.54 shall be granted from any requirement of this chapter.
25.59.060 Performance standards for accessory dwelling units.
General Provisions. This section allows an accessory dwelling unit, either attached to
the main dwelling or detached in a separate structure to be created on lots which now contain
one single-family dwelling and meet the following criteria, upon approval of an administrative
accessory dwelling unit permit.
(a) Minimum Lot Size. The minimum lot size to accommodate an accessory dwelling
unit shall be no less than six thousand (6,000) square feet; except for accessory dwelling units
constructed prior to January 1, 1954;
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(b) There shall be no more than one accessory dwelling unit permitted on a lot which
contains no more than one primary single-family dwelling.
(c) Occupancy Restrictions. Either the primary single-family dwelling or the
accessory dwelling unit shall be occupied as the principal place of residence of the record
owner of the lot. In the case of ownership by a corporation, partnership, trust or association,
either the primary single-family dwelling or the accessory dwelling unit shall be the place of
residence of an officer, director or shareholder of the corporation, a partner in the partnership, a
trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any
such organization.
(d) Unit Size. The floor area of the accessory dwelling unit shall not exceed six
hundred forty (640) square feet.
(e) Floor Area Ratio. The accessory dwelling unit shall fall within the total floor area
ratio and lot coverage allowed by the underlying zoning district.
(f) Other Measurable Standards.
(1) For attached units, the accessory dwelling unit shall comply with the setback,
height and declining height envelope regulations which apply to the main dwelling unit.
(2) For detached units, the accessory dwelling unit shall comply with the setback,
height and window placement criteria for accessory structures contained in Chapter 25.60, and
shall meet the setback requirements, including exceptions for accessory structures, contained in
Sections 25.28.072 and 25.28.073. Detached units shall be limited to one story in height.
(g) Parking. On-site parking spaces based on the number of bedrooms in the
primary dwelling as required by Chapter 25.70 and parking requirements for an accessory
dwelling unit shall be as follows:
(1) Unless otherwise provided in this section, a minimum of one off-street uncovered
parking space shall be provided for the accessory dwelling unit in addition to the off-street
covered and uncovered parking spaces required for the main dwelling.
(i) Parking for the accessory dwelling unit may be in tandem with a required parking
space for the primary dwelling, meaning one car located directly behind another car; and
(ii) No required parking may be provided in the front setback or yard, except in the
driveway; and
ORDINANCE NO. 1939
(iii) All parking shall be provided on a hard, all-weather surface and properly drained
to the public street.
(2) No parking space shall be required for an accessory dwelling unit in any of the
following instances:
(i) No on-site parking for the second unit shall be required if the accessory dwelling
unit is only used for "affordable housing" as defined in Chapter 25.63. As a condition of approval
under this subsection, the owner of the property will be required to enter into and record an
agreement generally in conformance with Section 25.63.040 to ensure continued affordability of
the accessory dwelling unit. A draft agreement shall be required at the time of application
submittal.
(ii) The accessory dwelling unit is located within one-half mile of a major transit stop,
as defined in California Public Resources Code § 21064.3 or included in the regional
transportation plan;
(iii) The accessory dwelling unit is located within a designated historic district;
(iv) The accessory dwelling unit is part of the existing main residence or an existing,
authorized and finalized residential accessory structure intended for human habitation as having
existed three years prior to application;
(v) When on -street parking permits are required but not offered to the occupant of
the accessory dwelling unit;
(vi) When there is a car share vehicle, in a location determined by the Community
Development Director to have at least three dedicated parking spaces, located within one block
of the accessory dwelling unit;
(h) Construction of the accessory dwelling unit shall comply with the all applicable
provisions of this title and all applicable building, health and fire codes; except for accessory
dwelling units constructed prior to January 1, 1954;
(i) The accessory dwelling unit shall incorporate the same or similar architectural
features, building materials and colors as the primary dwelling located on the property.
Compatibility with the primary structure includes coordination of colors, materials, roofing and
other architectural features, and landscaping designed so that the appearance of the site
remains that of a single-family residence.
ORDINANCE NO. 1939
Q) Upon approval of an accessory dwelling unit there shall be an application
submitted for a new, separate address from the Public Works, Engineering Division. Address
numbers shall be placed on all new and existing buildings with accessory dwelling units, in
accordance with the street identification standards provided in Title 17, Chapter 17.04, and shall
be placed in such a position as to be plainly visible and legible from the street to provide clear
identification of the unit for emergency responders.
(k) A restrictive covenant which mandates owner occupancy of at least one of the
units shall be recorded to establish the existing accessory dwelling unit. The restrictive covenant
shall be binding upon any successor in ownership of the property and lack of compliance shall
void the approval of the unit and may result in legal action against the property owner. The
restrictive covenant shall be subject to approval by the city attorney as to its form and content.
(1) If the accessory dwelling unit is demolished, the accessory dwelling unit permit
shall lapse and be of no further force and effect, and all on-site parking requirements of Chapter
25.70 shall be met for the primary dwelling on the site.
(m) For existing accessory dwelling units constructed prior to January 1, 1954 the
following additional criteria shall be met, in addition to subsections a -j above:
(1) The accessory dwelling unit shall conform to the requirements of the California
Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by
Section 17922.
(2) An applicant for an accessory dwelling unit permit pursuant to this section that
has been granted on conditions that it conform to the requirements of this chapter may perform
work to bring the accessory dwelling unit into conformance, such as reducing the size of the
living unit, improving or constructing parking, and correcting violation of Health and Safety Code
Section 17920.3 and the Uniform Housing Code.
(3) Any remodeling affecting the exterior of the accessory dwelling unit shall be
matched to generally conform to the exterior treatment of the primary dwelling unit on the
parcel.
(4) If the accessory dwelling unit is destroyed or damaged by a natural catastrophe,
the accessory dwelling unit may be reconstructed in exactly the same envelope and floor area
as it existed immediately before the catastrophe or in conformance with the standards for new
accessory dwelling units contained in Section 25.59.060.
ORDINANCE NO. 1939
Chapter 25.08 Definitions, Section 25.08.573 is replaced in total with the following text:
25.08.573 Accessory dwelling unit.
"Accessory dwelling unit" means either a detached or an attached additional residential
dwelling unit on a single-family residential lot or parcel that provides complete independent
living facilities. It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation purposes on the same parcel as the primary single-family dwelling is situated.
Chapter 25.50 Nonconforming Uses and Structures, Section 15.50.025 Expansion of
nonconforming uses — R-1 zone is replaced in total with the following text:
25.50.025 Expansion of nonconforming uses - R-1 zone.
(a) This section shall only be applicable to R-1 zoned parcels which contain two (2)
detached nonconforming residential units. Only the primary residence, as determined by the
director of community development, may be increased in footprint or in any exterior dimension if
the accessory detached unit is to be retained as a residential unit. A conditional use permit
pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only
maintenance and repairs as defined by the Uniform Building Code may be made to any
accessory dwelling unit. The floor area or footprint of such an accessory unit shall not be
expanded.
(b) Factors for determining the primary residence shall include, but not be limited to,
relative age, size and conformity with zoning requirements of the two (2) residences. The
property owner may request that the planning commission review any such determination by the
director of community development.
Chapter 25.60 Accessory Structures in R-1 and R-2 Districts is replaced in total with the
following text:
CHAPTER 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS
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 (100)
square feet gross floor area, will exist on a single lot, except that there may be two (2)
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ORDINANCE NO. 1939
accessory structures if one is an accessory dwelling unit which complies with the provisions of
Chapter 25.59 and obtains an accessory dwelling unit permit;
(b) Any single accessory structure will exceed six hundred (600) square feet of gross
floor area; except that an accessory structure containing an accessory dwelling unit which
complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit
may be up to six hundred forty (640) square feet;
(c) All accessory structures on a single lot will exceed a total of eight hundred (800)
square feet gross floor area;
(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;
(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;
(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; and
ORDINANCE NO. 1939
(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.
(i) Glazed openings of the accessory structure will be within ten (10) feet of the
property line or any portion of a glazed opening will be higher than ten (10) feet above grade;
0) 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 that an
accessory structure containing an accessory dwelling unit which complies with the provisions of
Chapter 25.59 and obtains an accessory dwelling unit permit;
(k) The accessory structure will enclose mechanical equipment, excluding air
conditioning equipment, which is designed to operate on a regular or continuous basis, which
may be objectionable because of loudness, hours of operation, odor or other reason, and which
is to be located less than twenty (20) feet from any 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;
(1) Storage of household goods, tools or equipment in the accessory structure will
exceed ten (10) percent of the gross floor area of the main dwelling structure;
(m) Any portion of the accessory structure will be used for accessory living quarters,
recreation purposes or for use in a home occupation; except for an accessory structure
containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and
obtains an accessory dwelling unit permit does not require a conditional use permit;
(n) The accessory structure will be a greenhouse, lathhouse, lanai, patio shelter or
similar structure exceeding one hundred twenty (120) square feet of gross floor area.
Chapter 25.26 R-1 District Regulations, Section 25.26.035 is replaced in total with the following
text:
25.26.035 Uses allowed with a special permit.
The following are uses allowed in the district with a special permit:
(a) Attached garages for single-family dwelling units;
(b) Reduction in the number of parking spaces existing on site;
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ORDINANCE NO. 1939
(c) Construction exceeding the limits of the declining height envelope,
(d) A detached garage exempt from setback restrictions located within the rear forty
(40) percent of the lot;
(e) An accessory structure that is in the rear of the lot and that is more than twenty-
eight (28) feet in width or depth, except that an accessory structure containing an accessory
dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory
dwelling unit permit;
(f) A basement with any interior ceiling height of six and one-half (6 1/2) feet or
greater;
(g) A direct exit from a basement to the exterior of the structure that is anything other
than a light or window well;
(h) A bathroom (toilet and sink) exceeding twenty-five (25) square feet located in a
basement.
Chapter 25.70 Off -Street Parking, Section 25.70.010 is replaced in total with the following text:
25.70.010 Vehicle parking spaces to be provided.
(a) Parking Required. At the time of erection of any building or structure, or at the
time any building or structure is enlarged or increased in capacity, there shall be provided off-
street parking spaces with adequate and proper provision for ingress and egress by standard
size automobiles.
(b) Parking with Remodel or 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.
(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.
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ORDINANCE NO. 1939
25.70.030 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 a new 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 or carport;
(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 shall not be counted toward
the overall number of bedrooms for the primary single family dwelling on the lot on which it is
located; parking for accessory dwelling units shall comply with Section 25.59.060(8).
(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;
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ORDINANCE NO. 1939
(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;
(4) For an addition to an existing single-family dwelling, 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.
Division 3. This ordinance, or a summary as applicable, shall be published as required by law
and shall become effective 30 -days thereafter.
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 17th day
of January, 2017, and adopted thereafter at a regular meeting of the City Council held on the 6th
day of February, 2017, by the following vote:
AYES: COUNCILMEMBERS: BEACH, COLSON, KEIGHRAN, ORTIZ,BRuLCnQiyc9
NOES: COUNCILMEMBERS: NVIUASSM
ABSENT: COUNCILMEMBERS: NONE
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M agha asset -Shearer, City Cler
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