Chapter 25.104 — DEVELOPMENT AGREEMENTS

This chapter is adopted in accordance with California Government Code Section 65867. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The purpose of this chapter is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to both the City and developers to enter into development agreements.

• B. In defining the provisions of any development agreement executed in compliance with this section, each provision shall be consistent with the language of this section, State law and the agreement itself. Should any discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order of precedence:

  1. The provisions of Federal or State law;

  2. The plain terms of the development agreement itself; and

3. The provisions of this section.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

The procedures and requirements set forth in this chapter shall apply to all development agreements proposed by developers and entered into by the City Council. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. A person having a legal or equitable interest in real property may apply for a development agreement. The Community Development Director shall prescribe the application form for development agreements.

• B. The City may require an applicant to submit such information and supporting data as the Community Development Director considers necessary to process the application.

• C. Each application shall be accompanied by the key terms of the development agreement proposed by the applicant.

• D. The applicant shall reimburse the City for all its reasonable and actual costs, fees, and expenses, including legal counsel and special counsel fees, for preparation and review of an application for a development agreement. This reimbursement includes the applicant reimbursing the City for all its reasonable and actual costs, fees and expenses, including legal counsel and special counsel fees, incurred in the negotiation of the development agreement. The City Council may by resolution fix the schedule of fees and charges imposed for the filing and processing of each development agreement application and

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City of Burlingame, CA

ZONING

§ 25.104.040

§ 25.104.080

negotiation, and for the annual review.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The Community Development Director shall review the application and determine any additional information necessary to process the application. After the required information is received, a staff report and recommendation shall be prepared and shall state whether or not the agreement, as proposed or in an amended form, would be consistent with the General Plan and any applicable specific plan and shall describe the public benefits provided by the proposed agreement.

• B. Dependent upon policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the Community Development Director to be significant enough to warrant additional review and engagement, the Community Development Director shall have the discretion to require a Planning Commission study session, public workshop and/or another public vetting opportunity prior to the public hearings on the development application.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The timing and manner of giving notice of public hearings on the development agreement shall be as prescribed in California Government Code Section 65867.

• B. The notice to consider adoption of the development agreement shall contain:

  1. The time and place of the hearing;

  2. A general explanation of the matter to be considered, including a general description of the area to be affected; and

  3. Other information required by law or which the Community Development Director considers necessary or desirable.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The Planning Commission shall hold a public hearing on the development agreement and shall make a written recommendation to the City Council.

• B. The Planning Commission's recommendation shall include a determination whether or not the proposed development agreement:

  1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan; and

2. Is consistent with the zoning and other land use regulations applicable to the property.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The City Council shall hold a public hearing, after which it may accept, modify or

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City of Burlingame, CA

BURLINGAME CODE

§ 25.104.080

§ 25.104.120

disapprove the recommendation of the Planning Commission.

• B. The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan and are consistent with the zoning and other land use regulations applicable to the property.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The agreement takes effect upon the effective date of the ordinance, unless the ordinance specifies a later date.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The parties may mutually agree to amend or cancel in whole or in part the development agreement previously entered into.

• B. The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

• B. If the parties to the agreement amend or cancel the agreement as provided in Section 25.104.100 or modify or terminate the agreement as prescribed in Section 25.104.130 for failure of the applicant or its successor in interest to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The City shall review the development agreement annually. It is the applicant's or the applicant's successor in interest's responsibility to apply in a timely fashion for the annual review and pay any applicable review fees. The applicant or its successor in interest is responsible for submitting substantial evidence of good faith compliance with the development agreement with the application for annual review. The date for the annual review may be modified either by agreement between the parties or at the City's initiation, upon recommendation of the Community Development Director, and by an affirmative vote of a majority of the City Council.

• B. The Community Development Director shall give notice to the applicant or its successor in interest that the City intends to undertake the review of the development agreement. Notice shall be given at least 10 days in advance of the time at which the matter will be considered by the City Council.

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City of Burlingame, CA

ZONING

§ 25.104.120

§ 25.104.130

• C. The City Council shall conduct a public hearing to determine whether the applicant or its successor in interest is in good faith compliance with the terms of the agreement. The burden of proof, by substantial evidence, of good faith compliance shall be upon the applicant or its successor in interest.

• D. The City Council shall determine, based on substantial evidence, whether or not the applicant or its successor in interest has, for the period under review, complied in good faith with the terms and conditions of the agreement.

• E. If the City Council determines, based on substantial evidence, that the applicant or its successor in interest has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

• F. If the City Council determines, based on substantial evidence, that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may terminate or modify the agreement as provided in Section 25.104.130.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. If the City Council determines, based upon substantial evidence, that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may terminate or modify the agreement as provided in this section.

  1. Before modifying or terminating the agreement, the City shall give notice to the applicant or its successor in interest containing:

     • a. The time and place of the hearing;

     • b. A statement as to whether the City proposes to terminate or to modify the development agreement; and

     • c. Other information which the City considers necessary to inform the applicant or its successor in interest of the nature of the proceedings.

  2. At the time and place set for the hearing on modification or termination, the applicant or its successor in interest shall be given an opportunity to be heard.

  3. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation.

  4. The City Council may impose those conditions to the action it takes as it considers necessary to protect the public health, safety, or welfare. The decision of the City Council is final.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

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City of Burlingame, CA