Burlingame Municipal Code Ch. 25.10 Residential Zoning Districts (r-1, R-2, R-3, R-4)

A. Residential Zoning Districts Purpose. The purpose of the residential zoning districts is to:

1. Provide for a full range of housing types and densities consistent with the General Plan;

2. Preserve, protect, and enhance the character of Burlingame's different residential neighborhoods;

3. Ensure adequate light, air, privacy, and open space for each dwelling;

4. Ensure that the scale and design of new development and alterations to existing structures are compatible with the scale, mass, and character of their neighborhoods; and

5. Provide sites for public and semi-public land uses, such as parks and public safety facilities, that will serve City residents and will complement surrounding residential development.

B. Low Density Residential Zoning District (R-1) Purpose. The R-1 zoning district is intended to provide areas for detached single-unit and accessory dwelling units and ancillary structures. This zoning district implements the General Plan Low Density Residential designation.

C. Medium Density Residential Zoning District (R-2) Purpose. The R-2 zoning district is intended to provide areas for detached and attached housing units, with no more than two separate residential units in a structure, and ancillary structures. This zoning district implements the General Plan Medium Density Residential designation.

D. Medium/High Density Residential Zoning District (R-3) Purpose. The R-3 zoning district is intended to provide areas for a variety of medium/high density multi-unit housing types (e.g., row houses, townhouses, condominiums, and apartments) and ancillary structures, generally located along or with immediate access to arterial streets and/or near major activity centers. This zoning district implements the General Plan Medium/High Density Residential designation.

E. High Density Residential Zoning District (R-4) Purpose. The R-4 zoning district is intended to provide areas for a variety of high-density multi-unit housing types and ancillary structures, generally located in targeted locations near transit or with immediate access to arterial streets and/or near major activity centers. This zoning district implements the General Plan High Density Residential designation.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A. Allowed Uses. Table 25.10-1 (Residential Zoning Districts Use Regulations) indicates the uses allowed within each residential zoning district and any permits required to establish the use, pursuant to Article 6 (Permit Processing Procedures). Land uses are defined in Article 8 (Definitions). Uses defined in Article 8 and not listed in Table 25.10-1 are prohibited.

B. Director Determination. Land uses are defined in Article 8 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses listed in the table are prohibited.

C. Specific Use Regulations. Where the last column in Table 25.10-1 (Residential Zoning Districts Use Regulations) includes a section, subsection, or chapter number, the regulations in the referenced section, subsection, or division shall apply to the use.

D. Airport Land Use Compatibility. Uses must comply with all applicable Noise, Safety Airspace Protection Compatibility Policies of the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (ALUCP) per Chapter 25.24 (Comprehensive Airport Land Use Compatibility Plan Consistency).

Table 25.10-1: Residential Zoning Districts Use Regulations

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

The general property development standards for the R-1, R-2, R-3, and R-4 zoning districts shall be as set forth in Table 25.10-2 (Residential Zoning Districts Development Standards).

Table 25.10-2: Residential Zoning Districts Development Standards

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Applicability. The following structures and development approaches are allowed in the R-1 zoning district with a Special Permit. In granting such a permit, the Review Authority shall make the findings required in Section 25.78.020.B (Required Findings).

A. Attached garages for single-unit dwellings, except for replacement of an existing attached garage or for existing attached garages that are extended no more than 10 feet in length. In all cases the attached garage shall comply with the minimum required front setback requirements in Section 25.10.050 (Special Front Setback Requirements).

B. Construction exceeding the limits of the declining height envelope.

C. Building height exceeding 30 feet, but not to exceed 36 feet.

D. A detached garage or other accessory structure, other than an accessory dwelling unit, that is in the rear of the lot and that is more than 28 feet in width or depth.

E. Plate height exceeding maximum indicated in Table 25.10-2 (Residential Zoning Districts Development Standards).

F. Except in the Hillside Overlay, any second-floor deck or balcony up to a maximum of 75 square feet and/or to exceed the minimum required side setback for a second-floor deck or balcony. Second-floor decks and balconies shall not be designed as viewing platforms and shall be designed to consider surrounding context, including window location of adjacent properties.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Applicability. The following structures and development approaches are allowed in the R-2 zoning district with a Special Permit. In granting such a permit, the Review Authority shall make the findings required in Section 25.78.030.B (Required Findings).

A. Building height exceeding 30 feet, but not to exceed 36 feet.

B. Construction exceeding the limits of the declining height envelope.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A. Additional Special Permit Requirements for the R-3 Zoning District within the Anita Road Overlay and within the Rollins Road Residential Overlay, and R-4 Zoning District within the R-4 Incentive Overlay can be found in Sections 25.20.010, 25.20.060, and 25.20.070, respectively.

B. Circular Drives. In the R-3 and R-4 zoning districts, if a circular drive is provided, a reduction of the required front setback landscaping to 45% of the lot area within the required front setback shall be allowed with approval of a Special Permit.

C. Community Benefits Option. A developer may elect to develop consistent with either Tier 1 or Tier 2 development standards. Projects using Tier 2 standards shall provide community benefits pursuant to this subsection and shall require a Special Permit.

1. Purpose and Applicability. To provide an incentive for development, and in partnership with the City to provide community benefits that would not otherwise be created, the Planning Commission may grant increased height in return for provision of specific community benefits, as listed below or subsequently identified by the City Council, for a proposed residential project, if doing so is in the City's interest and will help implement the General Plan. A variety of objectives are listed to ensure that proposed project features are appropriate for the site and surroundings, and to allow for a wide range of possible project types.

2. Review Authority and Tier Requirements.

a. Planning Commission Approval of Community Benefits Bonuses. The Planning Commission is the Review Authority for an application for Tier 2 projects.

b. Tier 2 Requirements and Number of Community Benefits. The Planning Commission may approve a Special Permit approving a Tier 2 project if it determines that the project includes at least two community benefits from subsection C.3 of this section (Community Benefit Options).

3. Community Benefit Options.

a. Pedestrian Amenities. The project includes major pedestrian connections exceeding minimum pedestrian requirements.

b. Off-Site Streetscape Improvements. The project includes off-site streetscape improvements and amenities; these provisions do not include improvements along the frontage of a development site that would normally be required by law or as a condition of project approval. The provision of selected amenities may require approval of a development agreement. Examples of amenities include:

i. Enhanced pedestrian and bicycle-oriented streetscapes.

ii. Protected bicycle lanes and pedestrian pathways, improved bicycle and pedestrian crossings/signals, bicycle racks/shelters.

iii. New pedestrian and bicycle connections to transit facilities, neighborhoods, trails, commercial areas, etc.

iv. Removal of existing pedestrian and bicycle barriers.

v. Upgrading traffic signals to enhance pedestrian and bicycle safety.

vi. Enhanced crosswalk materials.

vii. Contribution to capital project funds that would not otherwise be required.

c. Near Zero Net Energy. The project provides up to 98% of total building energy load measured as kilowatt per square foot through solar panels, wind turbines, or other renewable sources.

d. Net Zero Water Use. The project provides on-site and/or off-site water usage offsets to achieve net zero water use. Water usage offsets may include grey water systems, the retrofit of plumbing fixtures in other buildings, etc.

e. Flexible (Miscellaneous) Benefit. The project provides a currently undefined community benefit approved by the Review Authority that is significant and substantially beyond normal requirements. Examples are inclusion of a child care center in a new development project, off-site utility infrastructure improvements above and beyond those required to serve the development, additional funding for City programs such as contribution to park improvement funds (beyond required impact fees).

f. Additional Affordable Units. The project provides at least 15% low, or 10% very-low, or 5% extremely-low deed restricted affordable units beyond those required by the onsite alternative option of the Residential Impact Fee (see Section 25.45.070).

g. Public Art. The project provides funding for the maintenance or installation of public art not located on the project site or the installation and maintenance of public art in a publicly accessible space on the project site. The valuation of the public art shall equate to at least 1% of the project construction costs.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A. Subdivision Maps. The front setback delineated on any approved subdivision map shall supersede any provision of this chapter.

B. Residential Front Setbacks.

1. Average Front Setbacks over 15 Feet. The front setback line for any new structure or addition in the R-1, R-2, R-3, and R-4 zoning districts shall be the average of the actual front setback of such existing structures, including the existing structure on the subject property, located on the same side of the same block, if such average exceeds 15 feet. The measurement shall be taken from the front property line to the nearest first floor wall or covered projection of any existing structures (e.g., house, porch, or garage). Excluded from the average front setback calculation shall be corner lots and the least and greatest existing front setbacks. For blocks that contain fewer than five parcels, the average front setback shall be based on the interior lots.

2. R-1 Front Setbacks — Additional Regulations.

a. Second Floor and Upper Stories. For stories above the first story, the minimum front setback shall be block average front setback, measured as noted above in Subsection B.1, or 20 feet, whichever is greater.

b. Garages. The minimum front setback of an attached garage or attached covered parking structure shall be:

i. Single-car garage: 25 feet.

ii. Two-car garage: 35 feet. However, if the garage doors for the two-car garage are provided by two single doors, the front setback may be staggered at 20 feet for one door and 25 feet for the second door or side-by-side at 25 feet. See Figure 25.10-1: R-1 Garage Front Setbacks.

c. El Camino Real. The minimum front setback of all structures on lots fronting on El Camino Real shall be 20 feet; this shall apply whether the lot frontage is considered the front, street side or rear of the lot.

3. R-2 Front Setbacks — Garages. The minimum front setback to the face of any garage or covered parking shall be 20 feet.

4. R-3 and R-4 Front Setbacks — Front Setbacks on Certain Streets. Front setbacks on certain streets shall be as indicated in Table 25.10-3: Front Setbacks on Certain Streets.

Table 25.10-3: Front Setbacks on Certain Streets

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A. R-1 and R-2 Side Setbacks — Additional Regulations for Interior Lots.

1. Declining Height Envelope. In addition to complying with the minimum side setback requirements in Table 25.10-2, structures on interior lots in the R-1 and R-2 zoning districts shall not extend above or beyond the second story declining height envelope. The declining height envelope shall depart from 12 feet above original existing grade at each side property line and extend at an angle of 45 degrees. The declining height envelope line shall extend until it intersects with a point seven feet six inches above the second story finished floor, then the line shall extend vertically. The original existing grade shall be determined by the average of the elevations at the front and rear property line corners at each side.

2. Exemptions. In addition to allowed projections in Section 25.30.080 (Determining Setbacks), the following are exempt from the declining height envelope:

a. Window Enclosures. Window enclosures that create no more than 35 square feet of floor area per side and have a length no greater than 10 feet. At least 25% of the face of such enclosure as measured between the finished floor and the plate line shall be window area.

b. Sloping Lots. Where the slope on a lot between the front setback and rear setback lines on either side property line varies by two feet or more, the measurement for the declining height envelope point of departure shall be the average elevation as taken at the intersection of the adjacent side property lines with the 15-foot front setback line and the 15-foot rear setback line.

c. Elevated Finished First Floor. Where the finished first floor of a house is more than three feet above average finished grade, as determined by the average elevations at the four exterior corners of the existing house, and the area below or basement is not improved area, the measurement for the declining height envelope shall be 14 feet above the side property line.

B. R-1 Side Setbacks — Additional Regulations for Corner Lots.

1. Interior Side Setback. The second-floor side setback along the interior side of a corner lot shall comply with the minimum side setback requirement in Table 25.10-2 and the declining height envelope requirements.

2. Street Side Setback. The second-floor side setback on a corner lot shall average at least 12 feet from the street side property line. No more than 25% of the length of the second-floor wall shall be placed in the area between 12 feet and seven feet six inches from the street side property line.

C. Special Side Setback Requirements in the R-3 and R-4 Zoning Districts.

1. Increased Setback for Upper Stories. The side setback requirement shall be increased by one foot for each story above the first story. This side setback requirement shall apply to all stories above the first story.

2. Corner lots — Street Side Setback. The street side setback on a corner lot shall be seven feet six inches for a building of two stories or less and shall increase one foot for each additional story. Setback for upper stories applies only to that portion of the structure that exceeds two stories.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

In the R-1 zoning district, the maximum allowable floor area ratio (FAR) shall be as described in Table 25.10-4 (R-1 Zoning District Floor Area Ratio). See also Sections 25.30.060 (Determining Floor Area) and 25.48.030 (Accessory Dwelling Units).

In the R-2 zoning district, single-unit dwellings are also subject to the maximum allowable floor area ratio (FAR) as described in Table 25.10-4 (R-1 Zoning District Floor Area Ratio).

Table 25.10-4: R-1 Zoning District Floor Area Ratio

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A stairway, elevator, ramp, or similar access shall be provided between all floors of improved area within a single-unit residential structure. Such access shall be located within the exterior walls of the structure.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Open space may be provided as either private, common, or include both private and common open space.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A. Lot Width. Each lot shall have an average width of not less than 50 feet.

B. Lot Frontage. The minimum frontage for parcels shall be as indicated in Table 25.10-5.

Table 25.10-5: Minimum Lot Frontage

C. Lot Sizes in Residential Zones. Minimum lot sizes in residential zones shall be as indicated on the map adopted by Ordinance 712 and as subsequently amended:

1. 5,000 Square Feet. All lots shown in white shall have an area of not less than 5,000 square feet;

2. 7,000 Square Feet. All lots shown within a border of horizontal crosshatching shall have an area of not less than 7,000 square feet; and

3. 10,000 Square Feet. All lots shown within a border of vertical crosshatching shall have an area of not less than 10,000 square feet.

D. Special Requirements Related to Lot Width, Frontage, and Size.

1. Effect on Lots or Parcels Recorded Before 1958. The average width, lot frontage, and minimum areas provided for in subsections A, B, and C of this section shall not apply to any lot or parcel of land of smaller dimensions appearing of record in the office of the County Recorder of the County of San Mateo, or of the City Engineer of the City of Burlingame, prior to June 18, 1958. No building permit shall be issued for the construction of any building on any lot divided or subdivided after said date which does not comply with the minimum requirements set forth above, except as varied by subsection B above or through an approved variance.

2. Conformance to this Section. All the development requirements in this section shall apply to lands hereafter subdivided in accordance with the provisions of the Subdivision Map Act[1] of the State of California; provided, however, that the Commission and Council may, in the considerations and acceptance of any tentative or final map submitted pursuant to the provisions of said Subdivision Map Act, approve or accept any such tentative or final map wherein one or more lots or parcels of land do not conform to all of the provisions of this section, when the Commission and Council find that by reason of exceptional or extraordinary circumstances the approval or acceptance of such maps is consistent with General Plan policy.

[1]

Editor's Note: See Gov't. Code § 66424 et seq.

3. Minimum Lot Size for Lands Annexed After 1960. No lands annexed to the City after May 31, 1960, which are classified for residential uses, shall be divided into lots having areas of less than 10,000 square feet each.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Certain minor modifications from development standards are permitted consistent with Chapter 25.74.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Design review shall be required pursuant to the provisions of Chapter 25.68 (Design Review).

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)