Burlingame planning commission recommends ADU code changes to align with state law

The Burlingame Planning Commission voted unanimously Nov. 25 to recommend that the City Council introduce an ordinance to update the city’s ADU (accessory dwelling unit) regulations in Title 25 to comply with recent California law and guidance from the Department of Housing and Community Development (HCD).

Staff presented a package of text amendments designed to remove regulatory barriers and bring Burlingame into alignment with state statutes. "This code amendment would eliminate the ADU permit," staff planner Ruben said, explaining that applicants would instead apply directly for building permits while planning would continue to review ADU proposals as part of that process. Eliminating the separate permit would also remove the ADU permit fee, Ruben said, and reduce staff time devoted to a duplicated review step.

Why it matters: HCD recently reviewed Burlingame’s ADU regulations and found them out of compliance with state law. The changes are timed to incorporate new state bills that take effect Jan. 1 and to preserve local eligibility for state-mandated exemptions.

Key provisions summarized by staff include: statewide-exempt ADUs (which can include a junior ADU, a conversion within an existing house or accessory structure, or certain new detached ADUs) are limited to 800 square feet to receive the full state exemptions; the city will require at least 4-foot side and rear setbacks for ADUs (with an exemption when replacing an existing garage in the same location and dimensions); detached ADUs will no longer be limited to a single story and overall height rules will govern (with up to about 18 feet allowed in some cases such as near major transit stops); and for multifamily properties state law increases the number of detached ADUs allowed up to 8 or up to the number of existing primary dwelling units, whichever is fewer.

Staff also flagged changes on unpermitted ADUs: the state’s legalization window was changed so the city cannot deny a permit for unpermitted ADUs built before Jan. 1, 2020 provided they comply with health-and-safety standards. "If someone built an ADU without a permit and it was built before 2020, we have to take a look and we cannot deny their permit if it meets health and safety," Ruben told the commission, noting inspectors would identify required corrections prior to permitting.

Commissioners asked detailed questions about how statewide-exempt units are counted (one JADU, one new detached ADU, one conversion ADU per parcel where applicable), whether replacement ADUs could be sited in front yards when under 800 square feet, measurement points for height (measured from adjacent grade), kitchen and refrigerator requirements for JADUs, and how the 800/1,000-square-foot thresholds interact with lot coverage and FAR. Ruben said staff will provide a user-friendly table and handout to clarify top-line limits for applicants.

Public comment: Staff reported there were no in-person or emailed public comments on this item during the meeting.

Vote and next steps: The commission closed the public hearing, and Commissioner Seay’s motion to recommend the ordinance to City Council passed on a roll-call vote of 7–0. Staff said the ordinance would be introduced at the Council meeting on Dec. 2 and return for final adoption at the city council’s second December meeting. If adopted, the changes will update multiple chapters of the municipal code to remove references to the now-eliminated ADU permit and to fold in the new state standards.

Authorities and statutory references cited at the hearing included Government Code sections 66310–66341 (as referenced by staff), and state bills identified in the presentation as SB 2011 and AB 2533, which affect parking requirements and multifamily ADU provisions.