Multifamily and Duplex Properties for Sale in Burlingame: Zoning and Rent Rules
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What multifamily in Burlingame looks like
Burlingame’s income property ranges from duplexes and small buildings in the R-2 district to mid-century apartment buildings in the R-3 and R-4 districts, which the code places near arterials, transit and activity centers such as downtown and El Camino Real. The newest multifamily capacity is in the mixed-use districts: housing over shops on Howard Avenue and Broadway, and high-density, transit-oriented housing in North Burlingame and near the Millbrae station on North Rollins Road. Most of the rest of the city is R-1 single-family land, where ADUs and SB 9 are the main ways to add a unit. For two to four units, read financing 2-4 unit properties; for larger buildings, see apartment building loans.
Where the zoning allows it
Chapter 25.10 sets the residential districts, rewritten in 2021 and amended by Ordinance 2046 on March 2, 2026.
| District | Two units | Multifamily | Key standards |
|---|---|---|---|
| R-1 | Not permitted | Not permitted | 8 units/acre max; 30 ft; ADUs allowed |
| R-2 | Permitted, no more than two units per structure | Not permitted | 20 units/acre; 30 ft, 36 ft with special permit; 40% coverage |
| R-3 | Permitted | Multi-unit and communal housing permitted | 50 units/acre; 46 ft, or 55 ft at Tier 2; 175 sq ft open space per unit |
| R-4 | Permitted | Multi-unit and communal housing permitted | 80 units/acre; 46 ft, or 75 ft at Tier 2; near transit and arterials |
| HMU, MMU, BMU, CAR | — | Multi-unit dwellings permitted | Downtown Specific Plan districts; HMU to 55 ft |
| NBMU, RRMU, BRMU, CMU | — | Permitted; not on the BRMU ground floor | NBMU 40 to 140 units/acre; RRMU 30 to 70; BRMU 50; CMU 20 |
Tier 2 and Tier 3. Extra height in R-3 and R-4, and the higher density tiers in North Burlingame and North Rollins Road, need a Planning Commission special permit and community benefits, such as plazas, public art, park contributions or added affordable units. Minimum lot sizes are 5,000, 7,000 or 10,000 square feet, depending on the area shown on the city’s map.
ADUs and SB 9. ADUs are an accessory use in all four residential districts under Section 25.48.030. SB 9 two-unit projects and lot splits can apply on qualifying R-1 lots under state law; confirm the city’s objective standards. See our ADU investment guide and SB 9 lot split guide.
Density bonuses and replacement units. Chapter 25.33 adds local incentives, such as one parking space per unit or 10 more feet of height, for projects that consolidate lots or provide family-sized or duplex-style affordable units. It also requires replacement rental units to stay affordable for at least 55 years, which matters when redeveloping an occupied building.
Rent rules: state law only
The Attorney General’s rent cap page, updated July 16, 2026, places San Mateo County in the San Francisco Area, with covered units allowed up to 8.8% for increases from August 1, 2026 through July 31, 2027, and lists East Palo Alto as the only San Mateo County city with local rent stabilization. Burlingame apartments therefore follow AB 1482’s cap and just-cause rules for covered units, with the usual exemptions for newer buildings and qualifying individually owned homes. See our AB 1482 guide and just cause eviction guide.
Burlingame rental property rules
- Short-term rentals. Under Chapter 6.56, adopted by Ordinance 1989 in 2020, only a host’s primary residence can be rented short term, and short-term rentals are not permitted in ADUs. Each unit in a multi-unit building is its own residence, so an owner cannot rent every unit nightly. Unhosted stays are capped at 120 days a year, hosts register annually with a city business license, events are barred and transient occupancy tax applies.
- Penalties. Exceeding the 120-day cap brings a six-month waiting period, and an event complaint can bring 24 months.
- Transfer tax. The County Recorder’s documentary transfer tax is $0.55 per $500. Burlingame’s Chapter 4.24 sets a $0.275 city tax under the standard state enabling law, which typically shares the County rate; confirm the total in escrow.
- Condominium conversions. Title 26 has a chapter on designated units, sale restrictions and tenant protections; review it before converting a building.
Airport noise, older buildings and seismic
Much of east Burlingame sits under SFO’s noise and safety zones. New residential near the Bayfront and North Rollins Road must meet airport compatibility rules, and some parcels carry avigation easements. The city’s mid-century apartment stock is largely wood frame, often with tuck-under parking; have it reviewed for seismic retrofit needs. Buildings of three or more units with elevated balconies or walkways need SB 721 balcony inspections.
Underwriting a Burlingame multifamily purchase
- Confirm the district; three or more units on an R-2 lot may be nonconforming.
- Classify units under AB 1482 and model increases at or below 8.8% for covered units.
- Underwrite long-term rents; ADUs cannot be short-term rentals.
- For redevelopment, account for 55-year replacement unit rules and Tier 2 community benefit costs.
- Collect leases, the rent roll and estoppel certificates.
- Rebuild expenses with reassessed taxes, SB 721 and seismic costs in our rental property analysis.
Questions people ask
Is there rent control in Burlingame?
No local rent stabilization. AB 1482 applies to covered units, at up to 8.8% from August 1, 2026.
Where can I build apartments in Burlingame?
In R-3 at up to 50 units an acre, R-4 at up to 80, and the downtown and corridor mixed-use districts, where North Burlingame reaches 140 at Tier 3.
Can I build a duplex in Burlingame?
Yes in R-2, R-3 and R-4. R-2 allows no more than two units per structure.
Can I Airbnb my Burlingame ADU?
No. Chapter 6.56 bars short-term rentals in ADUs.
How many nights can I rent my home unhosted?
Up to 120 days a year, and only if it is your primary residence and registered.
Are higher-density projects allowed by right?
Base tiers are. Tier 2 and 3 height or density needs a special permit and community benefits.
Sources & notes
- Burlingame Chapter 25.10, Residential districts (GoCodebook)
- Burlingame Chapter 25.14, Mixed-Use districts
- Burlingame Chapter 25.16, Downtown Specific Plan districts
- Burlingame Chapter 25.33, Affordable Housing
- Burlingame Chapter 6.56, Short-Term Rentals
- Burlingame Chapter 4.24, Real Property Transfer Tax
- San Mateo County Clerk-Recorder, documentary transfer tax
- California Attorney General, rent caps
Note: We did not review the ADU section (25.48.030), inclusionary or impact fee chapters, the Title 26 condominium chapter or the airport consistency chapter.
General information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.
Related: Burlingame real estate guide · Commercial real estate in Burlingame · Multifamily investing guide · Investor services