Town Permit Guide

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Can I build an ADU in Burlingame, California?

Burlingame, San Mateo County · Ordinances checked 2026-10-05 · Reviewed · 19 cited sections

Allowed with a permit

Yes. Burlingame allows ADUs and junior ADUs (JADUs) in any zone that permits homes, with only a building permit: the Building Division must approve or deny a complete application within 60 days, with no public hearing. Attached or detached ADUs can be up to 1,000 sq ft with 4-foot side and rear setbacks, and detached ADUs can be 16 feet tall.

ApprovalBuilding permit, ministerial (no hearing) [1]
Decision deadline60 days from a complete application [2]
Max ADU size1,000 sq ft interior livable space [3]
Side/rear setback4 feet (none for conversions) [4]
Max height, detached ADU16 feet (18 ft near major transit) [5]
Max height, attached ADU30 ft (25 ft Hillside Overlay) or zone limit; 2 stories [6]
Owner-occupancy (ADU)Not required [7]
Owner-occupancy (JADU)Required only if bathroom is shared [8]
Max JADU size500 sq ft [9]
Parking1 space, waived within 1/2 mile of transit [10]
Minimum rental term30 days (no short-term rentals) [12]
Impact feesNone for ADUs of 750 sq ft or less [15]

Where and how many

ADUs are allowed in any zone that permits homes, with no minimum lot size. The Building Division approves them ministerially, with no public hearing [1]. A complete application is deemed approved if not decided within 60 days [2]. On a single-family lot you can add one JADU, plus "any one of" two ADU options [17]: one new attached or detached ADU built to the city's standards, or the "statewide exemption" ADUs, meaning a conversion of existing space and/or a new detached unit of up to 800 sq ft with 4-foot side and rear setbacks [16].

Size, setbacks and height

Attached and detached ADUs can be up to 1,000 sq ft [3]. Units of 800 sq ft or less are exempt from floor area and lot coverage limits [13]. Side and rear setbacks are 4 feet, with no setback for converted existing space or a same-footprint rebuild [4]. Detached ADUs may be 16 feet tall [5] (18 feet near a major transit stop, plus 2 feet for a matching roof pitch). Attached ADUs may reach 30 feet (25 in the Hillside Overlay) or the zone limit if lower, and two stories [6]. Balconies, second-story decks and rooftop terraces are not allowed [14].

JADUs

A JADU is up to 500 sq ft inside the house [9] with a small kitchen and its own entrance; a deed restriction must be recorded first.

Occupancy and rentals

There is no owner-occupancy requirement for ADUs [7]. For a JADU it applies only if the JADU shares a bathroom with the main house [8]. ADUs can be rented for 30 days or more [12] but not sold separately.

Parking, utilities and fees

One extra off-street space is normally required [10], but none is needed within half a mile of public transit [11], for conversions, or in other listed cases. New ADUs need separate electric and water meters and may owe a connection fee [18]; JADUs and conversions are exempt [19]. ADUs of 750 sq ft or less pay no impact fees [15].

State law

The ordinance defers to state law where they conflict. Gov. Code 66323 allows a conversion ADU, a new detached ADU of up to 800 sq ft and a JADU on the same single-family lot. If the city reads its "any one of" rule to block that combination, state law may override it. State law limits statewide-exemption ADUs mainly to size, height and setback conditions, so the balcony ban may not apply to them. Starting January 1, 2027, state law (AB 956) will require cities to approve two new detached ADUs on a single-family lot (without a JADU in that case); Burlingame's code currently allows one.

See how Burlingame compares with 8+ other California towns on accessory dwelling units (adus) →

Next steps

  1. Check your project against BMC 25.48.030, or call the Planning Division (650-558-7250, planningdept@burlingame.org) to confirm which ADU type fits your lot.
  2. Submit a building permit application with plans to the Building Division (buildingpermits@burlingame.org, 650-558-7260); a city-preapproved detached ADU plan can speed review.
  3. For a JADU, record the city's deed restriction with the County Recorder and file a copy with Community Development before the permit is issued.
  4. Ask about separate electric/water meters and any utility connection fees when you apply.

Common questions

Can I build an ADU in Burlingame, California?
Yes. Burlingame allows ADUs and junior ADUs in any zone that permits homes, with no minimum lot size. They need only a building permit, approved ministerially by the Building Division with no public hearing, and a complete application must be approved or denied within 60 days.
How big can an ADU be in Burlingame, California?
Attached and detached ADUs can be up to 1,000 sq ft of interior livable space, and units of 800 sq ft or less are exempt from floor area and lot coverage limits. A junior ADU inside the house can be up to 500 sq ft.
What are the ADU setback and height requirements in Burlingame, California?
Side and rear setbacks are 4 feet, with no setback for converted existing space or a same-footprint rebuild. Detached ADUs may be 16 feet tall (18 feet near a major transit stop). Attached ADUs may reach 30 feet (25 in the Hillside Overlay) or the zone limit if lower, and two stories.
Does Burlingame, California require parking or owner-occupancy for an ADU?
Usually one extra off-street space is required, but none is needed within half a mile of public transit, for conversions, or in other listed cases. There is no owner-occupancy requirement for ADUs; for a JADU it applies only if the JADU shares a bathroom with the main house.
Can I use an ADU as an Airbnb in Burlingame, California?
No. ADUs in Burlingame can be rented for 30 days or more but not as short-term rentals, and they can't be sold separately from the main house.

California's statewide ADU law

California's ADU law (Gov. Code §§66310–66342, recodified from §65852.2; latest amendments effective January 1, 2026) overrides conflicting city rules, including in charter cities. Cities must approve ADUs ministerially (no hearing) within 60 days of a complete application, or the permit is deemed approved.

What cities cannot require or do:

  • Owner-occupancy for an ADU.
  • A minimum lot size.
  • Side or rear setbacks over 4 feet for a new ADU, or any setback for a converted existing structure.
  • Size, lot coverage or floor-area rules that block an ADU of at least 800 sq ft. Size caps can't be under 850 sq ft (1,000 for 2+ bedrooms).
  • Parking within half a mile walking distance of public transit, or replacement parking for a garage converted to an ADU.
  • Impact fees on ADUs of 750 sq ft or less.

By right on a single-family lot: one converted ADU plus one junior ADU (JADU, up to 500 sq ft inside the house), plus one new detached ADU (up to 800 sq ft, 16 ft tall). Owner-occupancy may be required only for a JADU that shares a bathroom.

Short-term rentals: cities may bar ADU rentals under 30 days, and must for by-right ADUs, JADUs and SB 9 units.

Coming January 1, 2027: AB 956 raises the by-right count to two new detached ADUs per single-family lot.

SB 9 (§§65852.21, 66411.7) allows two homes on a single-family lot, or a split into two lots of at least 1,200 sq ft (with a 3-year owner-occupancy affidavit).

State sources: Gov. Code §66314 (ADU ordinance standards) · Gov. Code §66315 (no owner-occupancy requirement) · Gov. Code §66317 (ministerial review, 60-day deadline) · Gov. Code §66321 (size, setback and height limits on local rules) · Gov. Code §66322 (parking exemptions) · Gov. Code §66323 (by-right ADUs and JADUs) · Gov. Code §66333 (junior ADUs) · Gov. Code §66311.5 (impact fees) · AB 956 (2026), Stats. 2026, ch. 791 · Gov. Code §65852.21 (SB 9 two-unit projects) · Gov. Code §66411.7 (SB 9 urban lot splits) · HCD, Accessory Dwelling Units (ADU Handbook, updated March 2026)

What the ordinance says

Exact text from Burlingame's published ordinances. Section numbers are as printed in the source.

  1. BMC 25.48.030(C)(1), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    An applicant shall submit a permit application for an ADU or JADU to the Building Division which shall be considered by the Building Division ministerially and without discretionary review or public hearing.
  2. BMC 25.48.030(C)(2), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    Within 60 days of receipt of a complete application, the Building Division shall ministerially 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.
  3. BMC 25.48.030(F)(1), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    Maximum Size. The maximum floor area for an attached or detached ADU shall be 1,000 square feet of interior livable space.
  4. BMC 25.48.030(F)(3)(b), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    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:
  5. BMC 25.48.030(F)(4)(a), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    A height of 16 feet for a detached ADU on a lot with an existing or proposed single-unit or multi-unit dwelling.
  6. BMC 25.48.030(F)(4)(d), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    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.
  7. BMC 25.48.030(E)(3)(c), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    ADUs are not subject to any owner-occupancy requirement.
  8. BMC 25.48.030(E)(4)(b), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    JADUs are subject to an owner-occupancy requirement if the JADU and primary residence share sanitation facilities.
  9. BMC 25.48.030(G)(1), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    Maximum Size. The JADU shall not exceed 500 square feet of interior livable space.
  10. BMC 25.48.030(H)(1), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    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.
  11. BMC 25.48.030(H)(3)(a), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    The ADU is located within one-half mile distance of public transit.
  12. BMC 25.48.030(E)(3)(b), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    ADUs may not be rented for fewer than 30 consecutive calendar days and may not be used as a short-term rental.
  13. BMC 25.48.030(F)(2), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    An attached or detached ADU measuring no more than 800 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).
  14. BMC 25.48.030(E)(3)(f), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    Balconies/Decks. Balconies, second story decks, and rooftop terraces are prohibited, except for required landings sized to meet minimum requirements to allow ingress and egress.
  15. BMC 25.48.030(I)(4)(a), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    No impact fees may be imposed on ADUs that have 750 square feet or less of interior livable space or JADUs that have 500 square feet or less of interior livable space.
  16. BMC 25.48.030(E)(10)(b), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    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 F.4. The ADU may be combined with a JADU that meets the standards as described in subsection G.
  17. BMC 25.48.030(E)(8)(b), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    ADUs. Any one of the following may be permitted on a parcel with an existing or proposed single-unit dwelling:
  18. BMC 25.48.030(I)(2), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    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.
  19. BMC 25.48.030(I)(3), Municipal Code Title 25 Article 4 - Regulations for Specific Land Uses and Activities (incl. 25.48.030 ADUs), p. 1
    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:
This page summarizes Burlingame's posted ordinances as of 2026-10-05. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Code Enforcement (private-property complaints); Building Division for unpermitted work, 501 Primrose Road (650-558-7260 (Building Department, unpermitted construction); City Hall 650-558-7200) before you build. Spot an error?