Burlingame updates ADU code

The City Council, under a time crunch, moved forward with an updated ordinance but discussed options for new setback regulations at length before proceeding with 4-foot side and rear setbacks for detached ADUS — for now. 

In certain cases, homeowners should be allowed to place ADUs at their rear lot lines with no setback, especially if it would allow for the continued protection of heritage trees, Councilmember Michael Brownrigg said. 

“There should be a certain, very narrow number of cases where you would allow the homeowner to put it in a slightly different position, and it’s driven by a desire to have more open space for trees, and so forth,” he said.  

It could also be a possibility for the city to impose stricter setback regulations for the two-story ADUs that will now be permitted under the new ordinance, Vice Mayor Peter Stevenson said. 

Ultimately, the City Council chose to retain a 4-foot rear and side setback requirement for all detached ADUs but directed staff to collect data on the number of homeowners that were requesting changes. 

“That makes sense to me, since we have to get it done tonight, to get it done as is and see if there are any issues with it,” Councilmember Stephanie Lee said. 

Aside from the setback requirements, new regulations are largely designed to appeal to those interested in building the dwellings. One will streamline the ADU permitting process by bypassing Planning Division permit requirements and eliminating the permitting fee. 

In addition, the proposed ordinance would clarify the regulations for statewide ADU exemptions, which includes junior ADUs, a new, detached ADU of up to 800 feet and ADUs in converted spaces. These dwellings — of which a single multifamily home may have one each — are exempt from local zoning regulations. 

Burlingame’s ordinance will also fold in new state laws, Senate Bill 1211 and Assembly Bill 2533, which forbids local cities from requiring replacement of an uncovered parking space and forbids them from denying permits to legalize any ADU or junior ADU built before Jan. 1, 2020. 

State law also increases the number of detached ADUs a multiunit dwelling property can build.