A. 
Purpose. This chapter regulates new and existing structures and land uses in the overlay zoning districts established by Section 25.06.010 (Establishment of Zoning Districts). The provisions of this chapter provide guidance for development in addition to the standards and regulations of the base zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.
B. 
Applicability. In the event of any perceived conflict between the provisions of this chapter and any other provision of these Zoning Regulations, the regulations of this chapter shall control.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Purpose and Applicability. The purpose of the Anita Road Overlay is to provide a transition and buffer between the downtown commercial area and Myrtle Road mixed-use area to the west and the single-family neighborhood to the east.
B. 
Height — Special Requirements.
1. 
Maximum Height. Buildings over 35 feet in height and not more than 45 feet in height shall require a special permit. No building shall be constructed in the Anita Road Overlay that exceeds 45 feet in height.
2. 
Special Permit Findings. See Section 25.78.040.
C. 
Rear Setback — Special Requirements. There shall be a minimum rear setback of 20 feet.
D. 
Corner Store Retail. Limited corner store retail as defined in Article 8 (Definitions) and subject to standards in Section 25.48.160 (Limited Corner Store Retail) may be allowed with a conditional use permit in the Anita Road Overlay.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Purpose. The Commercial Residential Overlay is located within the California Drive Mixed-Use (CMU) zoning district. The purpose of this overlay district is to encourage mixed residential and commercial land uses with pedestrian oriented retail uses compatible with adjacent residential uses, recognizing the unique nature of the Edgehill Drive interface.
B. 
Allowed Uses. Allowed uses for CMU shall not apply in the CR Overlay. Table 25.20-1 (CR Overlay Zoning District Use Regulations) indicates the uses allowed within the overlay zoning district and any permits required to establish the use, pursuant to Article 6 (Permit Processing Procedures). Uses defined in Article 8 (Definitions) and not listed in Table 25.20-1 are prohibited.
1. 
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.
2. 
Specific Use Regulations. Where the last column in Table 25.20-1 (CR Overlay Zoning District Use Regulations) includes a section, subsection, or chapter number, the regulations in the referenced section, subsection, or division shall apply to the use.
Table 25.20-1 CR Overlay Zoning District Use Regulations
P Permitted
CUP Conditional Use
MUP Minor Use Permit
TUP Temporary Use Permit
A Accessory Use
— Not Permitted
Land Use
CR Overlay
Specific Use Regulations
Commercial — Retail
Retail Sales — General
P
—
Commercial — Services and Recreation
Animal Care Services — Grooming
P
—
Personal Services — General
P
Massage services not permitted.
Studios — Arts
P
Educational Services
Tutoring and Educational Services
P
Mixed Uses
Mixed Use Developments
P
With individual specific uses subject to land use regulatory requirements set forth in this table.
Residential Uses
Communal Housing
P
Commercial — Retail
Live/Work
P
Multi-Unit Dwellings
P
Residential Care Facilities — Limited
P
Supportive and Transitional Housing
P
See Section 25.48.240
C. 
Development Standard.
1. 
Height — Special Requirements.
a. 
Maximum Height. The maximum height of all buildings shall be 30 feet as measured from top of curb at Edgehill Drive. Buildings over 30 feet in height and not more than 36 feet in height shall require a special permit.
b. 
Special Permit Findings. See Section 25.78.050.B.1.
2. 
Residential Uses. Residential uses shall conform to the requirements of the CMU zoning district with the following exceptions:
a. 
Maximum Number. The maximum number of residential units per lot shall be two, except where the only use on the lot is residential, then a maximum of three dwelling units shall be allowed; if two or more parcels are combined the maximum number of residential units shall be two per original lot plus commercial or three per original lot if the only use of the combined lots is residential;
b. 
Access. The front pedestrian entrance and vehicular driveway access for parking shall be from Edgehill Drive; and
c. 
Setback Exceptions. Residential development built over commercial use shall be allowed to extend to the side and rear property lines so long as the residential use does not cover more than 70% of the lot including that portion of the residential area over commercial use; this shall not include exterior decks open to the sky.
3. 
Commercial Uses. Commercial uses shall conform to the requirements of the CMU zoning district with the following exceptions:
a. 
Front on California Drive. All commercial uses shall front only on California Drive with no vehicular access onto Edgehill Drive;
b. 
Maximum Depth and Lot Coverage. Structures or portions of structures housing commercial uses shall have a maximum depth of 30 feet from the property line parallel to California Drive and shall cover no more than 33% of the lot or combined lots; and
c. 
Parking. On-site parking shall not be required for single story commercial development fronting on California Drive except that second story commercial uses shall require on-site parking accessible from California Drive consistent with the requirements of Chapter 25.40 (Parking Regulations).
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Purpose and Applicability. The Hillside Overlay Zone applies to all construction of structures in the designated hillside area, as identified in Article 6 (Permit Processing Procedures). The Director may require a survey and slope analysis to determine whether the provisions of this chapter apply to a specific property or development. The purpose of this zone is to:
1. 
Protect public health and safety by minimizing hazards, including soil erosion and fire danger associated with development on hillsides;
2. 
Preserve and enhance the City's scenic character, including its natural hillsides and views of San Francisco Bay;
3. 
Respect natural features in the design and construction of hillside development; and
4. 
Design hillside development to be sensitive to existing terrain, distant views, and significant natural landforms and features.
B. 
View Preservation. Hillside development shall be designed to preserve existing distant views. View preservation shall be limited to obstruction of distant views to San Francisco Bay, the San Francisco Airport, and Mills Canyon from primary indoor living areas excluding kitchens, bathrooms, dens, stairwells, entryways, and bedrooms.
C. 
General Site Planning. Each structure shall be located in the most accessible, least visually prominent, most geologically stable portion or portions of the site, and at the lowest feasible elevation. Structures shall also be aligned with the natural contours of the site and shall preserve existing landforms to the maximum extent feasible, as determined by the Planning Commission. Siting structures in the least prominent locations is especially important on open hillsides where the high visibility of construction is to be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.
D. 
Grading. Grading and excavations shall result in the minimal disturbance feasible to the terrain and natural land features. Cuts and fills shall not exceed the standards outlined in Chapter 18.20 (Grading, Excavation, Fills). Existing trees and native vegetation shall be retained to the extent possible to stabilize hillsides, reduce erosion, and preserve the natural scenic beauty of the area.
E. 
Driveway Slopes. See Section 25.40.070.C (Driveways).
F. 
Reduced Setbacks for Parking. To reduce grading, the Planning Commission may approve a special permit for reduced setbacks for garages and carports if the finding is made that the character of the neighborhood is maintained.
G. 
Retaining Walls. Large retaining walls in a uniform plane shall be avoided. Retaining walls shall be divided into terraces with variations in plane and include landscaping to break up the length of walls and to screen them from view. No retaining wall located in the front or rear yard area shall be higher than six feet and must incorporate a three-foot recessed offset feature every 30 feet or other methods of articulation acceptable to the Review Authority. Exceptions to these standards may be approved by the Planning Commission with issuance of a special permit.
H. 
Mechanical Equipment. Mechanical equipment under stilt-type structures shall be screened from view with landscaping and/or screen walls.
I. 
Landscaping. Special landscaping consideration shall be given in hillside areas to screen retaining walls, accessory structures, and buildings visible from a downslope. Deep-rooted plants for slope stabilization should be used for cut and fill slopes.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Purpose. The Multi-Unit Residential Overlay is established to provide options for development of multi-unit residential uses on properties that historically have supported commercial uses but which, due to evolving consumer preferences and practices, may no longer be able to attract viable retail or service users. The Multi-Unit Residential Overlay requires compatibility with surrounding land uses, property access, and availability of services.
B. 
Permitted Uses. Multi-unit residential uses are permitted in this overlay district. Other uses consistent with the underlying zoning district are also permitted.
C. 
Development Standards. Multi-unit residential developments shall comply with the development standards for the R-3 zoning district set forth in Chapter 25.10 (Residential Zoning Districts).
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Purpose. The R-4 Incentive Overlay is located within the Burlingame Downtown Specific Plan Area (refer to Figure 3.2 of the Downtown Specific Plan) located south of Howard Avenue between Highland Avenue and Park Road. The purpose is to provide an incentive for high density residential uses within this area.
B. 
Height — Special Requirements.
1. 
Maximum Height. Buildings or structures up to 55 feet in height are allowed by right within this overlay. A special permit is required for any building or structure which is more than 55 feet in height.
2. 
Special Permit Findings. See Section 25.78.040.
C. 
Corner Store Retail. Limited corner store retail as defined in Article 8 (Definitions) and subject to standards in Section 25.48.160 (Limited Corner Store Retail) may be allowed with a conditional use permit in the R-4 Incentive Overlay.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Purpose. The Rollins Road Residential Overlay is intended to provide design sensitivity, a more livable environment for reuse and new development, and an appropriate transition between the existing freeway and intercommunity arterial for the R-3 properties within this overlay zone and the adjacent established single-family residential area.
B. 
Height — Special Requirements.
1. 
Maximum Height. Buildings or structures shall not exceed 30 feet in height. Buildings and structures up to 36 feet in height may be allowed with approval of a special permit. In no case shall buildings or structures exceed two stories.
2. 
Special Permit Findings. See Section 25.78.040.
C. 
Setback Special Requirement. Minimum front setback shall be 10 feet or the average of the block, whichever is greater.
D. 
Common Open Space. Minimum required common open space shall be 100 square feet per unit with a minimum dimension of 15 feet. A minimum of 25% of the common open space shall be soft landscaping.
E. 
Private Open Space. No private open space is required.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Purpose. The purpose of this section is to regulate two-unit residential development in compliance with California Government Code Sections 66452.6, 65852.21 and 66411.7 to allow two detached or attached housing units on one parcel, and ancillary uses and structures. A proposed two-unit housing development shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the requirements in this section.
B. 
Applicability. The Two-Unit Residential Overlay shall apply to properties within the Low Density Residential Zoning District (R-1) and Medium Density Residential Zoning District (R-2), with the following exceptions:
1. 
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. 
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3. 
Housing that has been occupied by a tenant in the last three years.
4. 
A parcel on which an owner of residential real property has exercised the owner's rights under Government Code Title 1, Division 7, Chapter 12.75 (commencing with Section 7060) of to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
5. 
The parcel is within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
C. 
Permitted Uses.
1. 
Single-unit dwellings and two-unit dwellings are allowed as a permitted use.
2. 
Home occupations are allowed as an accessory use.
3. 
Accessory dwelling units and junior accessory dwelling units, except for lot splits as set forth in Section 25.20.080.E.
4. 
Short-term rentals rented for a period of 30 days or less are not permitted.
D. 
Development Standards. Residential developments shall comply with the development standards for the R-1 zoning district set forth in Chapter 25.10 (Residential Zoning Districts) and Table 25.10-1 with the following exceptions:
1. 
Number and Size. In no instances shall the application of development standards for the R-1 zoning district set forth in Chapter 25.10 preclude construction of up to two units, or that would physically prelude either of the two units being at least 800 square feet in floor area.
2. 
Maximum Height. Buildings or structures shall not exceed 30 feet in height. Within the rear 20 feet of a parcel, buildings or structures shall not exceed 10 feet, or 15 feet when the roof is pitched from ridge to plate on at least two sides, and the ridge is no closer than four feet to a side or rear property line.
3. 
Side and Rear Setbacks. Per Table 25.10-2, but no more than four feet required. Notwithstanding, no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
4. 
Off-Street Parking. One space per unit (may be covered or uncovered), with the exception that no parking is required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if the parcel is located within one block of a car share facility. In no instances shall parking be allowed in the required front setback.
E. 
Lot Splits. A parcel map for an urban lot split shall be allowed with ministerial review per the requirements in this section.
1. 
Parcel Map. A parcel map for an urban lot split shall be allowed with ministerial review if the parcel map for the lot split meets all the following requirements:
a. 
The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision.
b. 
Both newly created parcels are no smaller than 1,200 square feet.
c. 
Both parcels resulting from the urban lot split have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.
d. 
The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
e. 
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
f. 
The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act, (Division 2, commencing with Section 66410)[1], except as otherwise expressly provided in this section.
[1]
Editor's Note: See Gov't. Code § 66410.
g. 
The existing parcel is not vacant.
2. 
Development Standards. Development standards for each new parcel resulting from an urban lot split shall conform to Section 25.20.080.D. Development standards shall be applied to each new parcel individually.
3. 
Number of Units. No more than two residential units shall be allowed on a parcel created through the exercise of the authority contained within this section.
4. 
Accessory Dwelling Units. Accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels resulting from an urban lot split created under the authority contained within this section.
5. 
Nonconforming Zoning Conditions. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a parcel map application for the creation of an urban lot split.
6. 
Residency Requirement. An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)