In Burlingame, decide early whether you want a lot split or an ADU, because the city's overlay doesn't let you stack ADUs onto the new lots after a split. If you're keeping one lot, the ADU path is usually simpler. If you're buying an R-1 lot for its potential, check the rear-yard height limit before you sketch a second home in the back.
Adding an ADU
In Burlingame
The city's ADU rules are in Burlingame Municipal Code Section 25.48.030. A new ADU or JADU goes straight to the Building Division for a building permit.[1]
Burlingame accepts detached ADU designs for preapproval from design professionals under AB 1332, which can shorten your design and permit time if a preapproved plan fits your lot.[1]
In April 2024, HCD reviewed the city's ADU ordinance (Ordinance No. 2000), which set ADU size between 150 and 1,000 square feet, and found parts of it out of step with state law, including that converted ADUs aren't subject to size limits. The city may have amended it since, so confirm the current text.[2]
State law, everywhere in California
A city has 60 days to approve or deny a complete ADU or junior ADU (JADU) permit application.[3]
Lot coverage, floor area ratio, and front setback rules can't be used to block an ADU of at least 800 square feet with four-foot side and rear setbacks.[3]
A city can't set a height limit below 16 feet for a detached ADU, or below 18 feet within a half mile of a major transit stop or high-quality transit corridor. Attached ADUs can go to 25 feet or the main home's zoning height, whichever is lower.[3]
A JADU is up to 500 square feet of interior space inside the main home. Owner occupancy can't be required for an ADU, but it is required for a JADU that shares a bathroom with the main home.[3]
No impact fees on an ADU of 750 square feet or less. Above that, fees have to be proportional to the main home.[3]
On a lot with an existing apartment building, state law allows up to eight detached ADUs (never more than the number of existing units), plus conversions of non-living space.[3]
Lot splits and second homes
In Burlingame
Burlingame implements SB 9 through the Two-Unit Residential Overlay (Municipal Code Section 25.20.80), which applies in the R-1 zone.[4]
Height is capped at 30 feet. Within the rear 20 feet of the lot, a unit can't exceed 10 feet, or 15 feet with a qualifying pitched roof.[4]
For a lot split, each new parcel has to be at least 40% of the original lot and at least 1,200 square feet.[4]
ADUs and JADUs are not permitted on parcels created by an urban lot split.[4]
State law (SB 9)
SB 9 applies to lots zoned single-family. It allows two primary homes on one lot, a split into two lots, or both, with staff-level approval and no public hearing.[5]
Local rules can't stop two homes of at least 800 square feet each, or a split into two lots of at least 1,200 square feet. Side and rear setbacks are capped at four feet.[5]
Parking is capped at one space per unit, and none can be required within a half mile walk of a high-quality transit corridor or major transit stop, or within a block of a car-share vehicle.[5]
To split a lot, you sign an affidavit that you intend to live in one of the units as your main home for at least three years. Any rental has to be for more than 30 days.[5]
SB 9 doesn't apply if the project would demolish or alter rent-restricted housing, rent-controlled housing, or housing a tenant has lived in during the last three years. It also excludes historic properties, lots with an Ellis Act withdrawal in the last 15 years, lots already created by an SB 9 split, and lots next to one the same owner split.[5]
The ceiling is four units total. After a split, the city has to allow two units on each new lot. The city must decide on a complete application within 60 days.[5]
Rent control and AB 1482
In Burlingame
We did not find a city rent cap or rent stabilization ordinance in our review of official city sources. For units AB 1482 covers, the state cap applies.[6]
State law (AB 1482)
Under the Tenant Protection Act (AB 1482), rent can't go up more than 5% plus the change in the cost of living, or 10%, whichever is lower, in a 12-month period.[6]
After a tenant has lived in a unit for 12 months, the landlord needs a listed reason to end the tenancy, either at-fault (like nonpayment) or no-fault (like owner move-in or a substantial remodel).[6]
Exempt: units with a certificate of occupancy issued in the last 15 years (a rolling date), single-family homes not owned by a corporation or REIT, a duplex where the owner lives in the other unit, and units already under a stricter local rent control law.[6]
What is your Burlingame home worth, and what could it become?
I spent my career on the investment side, helping operate more than 7,000 units. I'll give you a valuation built from recent sales, and a straight read on what your lot allows: an ADU, a split, or neither.
Burlingame questions, answered
Can I add an ADU after splitting my lot in Burlingame?+
Not under the city's SB 9 rules. Burlingame's Two-Unit Residential Overlay says ADUs and JADUs are not permitted on parcels created by an urban lot split. Without a split, state ADU law applies.[4]
How tall can an SB 9 home be in Burlingame?+
Up to 30 feet, but within the rear 20 feet of the lot the limit is 10 feet, or 15 feet with a qualifying pitched roof.[4]
Does Burlingame have rent control?+
We did not find a local rent cap in official city sources. Units covered by the state Tenant Protection Act (AB 1482) are capped at 5% plus the change in cost of living, or 10%, whichever is lower.[6]
- [1]City of Burlingame, “Accessory Dwelling Units (ADU)”
- [2]HCD, “Review of Burlingame's ADU Ordinance, April 11, 2024”
- [3]California Department of Housing and Community Development (HCD), “ADU Handbook (March 2026 update)”
- [4]City of Burlingame, “Two-Unit Residential Overlay Application (SB 9)”
- [5]California Department of Housing and Community Development (HCD), “Housing Law Fact Sheet: Duplexes and Lot Splits (SB 9), April 2026”
- [6]California Attorney General, “Landlord-Tenant Issues: Tenant Protection Act”
Official Burlingame pages
This page is general information, not legal or tax advice. Rules change, and cities amend their codes after state reviews. Confirm current requirements with the city and a qualified professional before you buy, build, or change a tenancy. Erica Walters, REALTOR®, CalDRE# 02239622, Compass.