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Burlingame · Building on your lot

Building on your lot in Burlingame

Burlingame sets fence heights by setback in R districts, with taller fences allowed when the top is open. The city limits accessory structure height and size in R-1 and R-2, and home businesses need a permit and business license.

Key points

  • Fence height: In R districts, Burlingame limits front-setback fences to 3 feet (4 if open), side and rear ones to 6 feet (7, top foot open).
  • Accessory structures: In R-1 and R-2, Burlingame limits accessory structures to a 10-foot roof height, up to 15 with more separation, and 600 square feet each.
  • Home business: Burlingame requires a new home occupation permit and business license when the type of home business changes.

Each rule below is marked Burlingame code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Burlingame code In R districts, Burlingame limits front-setback fences to 3 feet (4 if open), side and rear ones to 6 feet (7, top foot open).

All 7 Burlingame rules on fences and walls, with the code text →

Sheds, garages and other accessory structures

Burlingame code In R-1 and R-2, Burlingame limits accessory structures to a 10-foot roof height, up to 15 with more separation, and 600 square feet each.

All 8 Burlingame rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

Burlingame code What Burlingame's code adds
Permit
  • A new home occupation permit and business license are required.
    Applies: When the original resident changes the type of home business activity.
    § 25.72.110 · code text
    A change in the type of home occupation activity (e.g., a change from one allowed activity to another allowed activity) conducted by the original resident/permittee shall also require a new home occupation permit and business license before conducting an allowed home occupation.

Solar panels and EV chargers

Burlingame code EV charging equipment is required for all new developments and substantial additions, as CalGreen and the city's Reach Code set. Expedited administrative review; nondiscretionary approval when the checklist and standards are met.

All 4 Burlingame rules on solar panels and EV chargers, with the code text →

Tree removal

Burlingame code Yes, a tree permit is required. Yes; the tree permit is filed with the discretionary application and approved with the project.

All 5 Burlingame rules on tree removal, with the code text →

Swimming pools

Burlingame code A fence must fully enclose the pool, hot tub or spa, or the yard containing it, and be maintained. At least 4 feet of space between the fence and the edge of the pool or spa.

All 7 Burlingame rules on swimming pools, with the code text →

Pets, chickens and bees

Burlingame code A permanent fresh water source on the same parcel, within 15 feet of the hives. Yes: no more than 12 poultry or rabbits in total.

All 3 Burlingame rules on pets, chickens and bees, with the code text →

Building in a flood zone

Burlingame code What Burlingame's code adds
Building in a floodway
  • No new construction, substantial improvement, encroachment or other development, including fill, unless an engineer or architect certifies no flood rise.
    Applies: Until a regulatory floodway is designated, in zones A1-30 and AE on the FIRM.
    § 18.22.560 · code text
    Require until a regulatory floodway is designated, that no new construction, substantial improvements, encroachments or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;
Height of the lowest floor
  • The lowest floor must be at least 1 foot above the base flood elevation.
    Applies: New or substantially improved homes in zones A, AE and AH.
    § 18.22.513 · code text
    New construction and substantial improvement of any residential structure in zone A, AE, AH shall have the lowest habitable floor, including basement, elevated above the based flood elevation plus one foot.

Grading and erosion control

Burlingame code What Burlingame's code adds
Steepest cut or fill slope
  • Cut slopes may be no steeper than 1.5 feet horizontal to 1 foot vertical.
    Applies: Cut slopes.
    § 18.20.070 · code text
    Cut slopes shall not exceed one and one-half feet horizontally to one foot vertically.
  • Fill slopes may be no steeper than 2 feet horizontal to 1 foot vertical.
    Applies: Fill slopes.
    § 18.20.070 · code text
    Fill slopes shall not exceed two feet horizontally to one foot vertically.

Building on a hillside

Burlingame code What Burlingame's code adds
Grading and retaining walls
  • Retaining walls may be no higher than 6 feet.
    Applies: Hillside Overlay zone, front or rear yards; needs a 3-foot recessed offset every 30 feet; exceptions by special permit.
    § 25.20.040 · code text
    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.

Park and impact fees for new homes

Burlingame code Changes to an existing home that add no units and keep the same use are exempt. New development that replaces lawful development removed by demolition or conversion gets a fee credit.

All 3 Burlingame rules on park and impact fees for new homes, with the code text →

Outdoor lighting

Burlingame code Outdoor light fixtures may be no higher than 9 feet. Glare must not be noticeable at or past any property line.

All 3 Burlingame rules on outdoor lighting, with the code text →

Family child care homes

CA state law California law
Zoning
A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
Local rules
Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Home alarm permits and false alarms

Burlingame code What Burlingame's code adds
How long an alarm may sound
  • Audible alarms must automatically stop sounding within 10 minutes.
    Applies: Required fire alarm systems are excepted. They must sound continuously until the fire department arrives.
    § 10.10.020 · code text
    Any and all audible alarm systems shall be installed or activated to automatically cease transmitting the audible signal within 10 minutes, provided that required fire alarm systems must sound continuously until the arrival of the fire department.

Signs on homes

Burlingame code Signs for the sale, exchange, lease or rental of the property they are on are exempt from a sign permit. Trespass and warning signs are exempt.

All 5 Burlingame rules on signs on homes, with the code text →

Historic homes

Burlingame code What Burlingame's code adds
Mills Act tax incentive
  • Mills Act contracts for property tax relief are available only to owners of listed historic properties.
    Applies: Properties on the Burlingame Historic Resources Register, the National Register of Historic Places or the California Register.
    § 25.35.080 · code text
    Mills Act contracts granting property tax relief shall be made available by the City only to owners of properties listed in the Burlingame Historic Resources Register, as well as properties located within the City that are listed in the National Register of Historic Places and/or the California Register of Historical Places.

Other Burlingame rules on this

Burlingame's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Can I run a business from my home in Burlingame?

Burlingame requires a new home occupation permit and business license when the type of home business changes.

What are the rules for building in a Burlingame flood zone?

Burlingame's code: The lowest floor must be at least 1 foot above the base flood elevation. (New or substantially improved homes in zones A, AE and AH.) (§ 18.22.513); No new construction, substantial improvement, encroachment or other development, including fill, unless an engineer or architect certifies no flood rise. (Until a regulatory floodway is designated, in zones A1-30 and AE on the FIRM.) (§ 18.22.560).

What are the grading rules in Burlingame?

Burlingame's code: Cut slopes may be no steeper than 1.5 feet horizontal to 1 foot vertical. (Cut slopes.) (§ 18.20.070); Fill slopes may be no steeper than 2 feet horizontal to 1 foot vertical. (Fill slopes.) (§ 18.20.070).

What extra rules apply to a hillside lot in Burlingame?

Burlingame's code: Retaining walls may be no higher than 6 feet. (Hillside Overlay zone, front or rear yards; needs a 3-foot recessed offset every 30 feet; exceptions by special permit.) (§ 25.20.040).

Can I run a family child care home in Burlingame?

California law sets this for every city, including Burlingame: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Do I need a permit for a home alarm in Burlingame?

Burlingame's code: Audible alarms must automatically stop sounding within 10 minutes. (Required fire alarm systems are excepted. They must sound continuously until the fire department arrives.) (§ 10.10.020).

What rules apply to a historic home in Burlingame?

Burlingame's code: Mills Act contracts for property tax relief are available only to owners of listed historic properties. (Properties on the Burlingame Historic Resources Register, the National Register of Historic Places or the California Register.) (§ 25.35.080).

General information, not legal advice.

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