Chapter 25.70 — HILLSIDE AREA CONSTRUCTION PERMITS

The purpose of this chapter is to provide processes for the review of certain hillside development proposals to ensure compliance with the provisions of Section 25.20.040 (Hillside Overlay (H)) and review all construction that changes the building envelope of a structure in the hillside area that could affect existing distant views from inside structures on nearby properties. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. The provisions of this chapter shall apply to all areas in the City located within the Hillside Overlay (H) Zone, as shown on the Zoning Map.

• B. The requirements of Chapter 25.68 (Design Review) shall apply to Hillside Area Construction Permits for such projects that trigger design review pursuant to Section 25.68.020 (Applicability and Types of Design Review).

• C. A Hillside Area Construction Permit shall be required for all new dwelling units; new accessory structures; or additions to any existing dwelling unit or accessory structure including changes in roof elevations except for the following exclusions:

  1. Fences that meet code requirements;

  2. Interior remodels;

  3. Accessory dwelling units;

  4. Structures that are 120 square feet or less that do not require a building permit; and

5. Filling in of interior courtyard spaces that do not result in expansions to the exterior perimeter of the building or result in an increase to the overall building height.

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

Hillside Area Construction Permit. A Hillside Area Construction Permit application shall be filed and processed in compliance with Section 25.68.040 (Application Filing). The application shall include the information and materials specified in the most up- to-date Department handout for Hillside Area Construction Permit applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 25.70.040 (Findings), below.

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

• A. Review. Upon making the determination that a Hillside Area Construction Permit application is complete, the Director or designee shall review the application for consistency with any applicable design guidelines and requirements and prepare written findings indicating how the application does or does not comply with applicable design guidelines and requirements. Prior to preparing the findings and any conditions of approval,

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City of Burlingame, CA

ZONING

§ 25.70.030

§ 25.70.040

the Director may give the applicant the opportunity to revise plans to achieve compliance.

• B. Public Notice. Once the application and all supporting information and documentation have been received and the application deemed complete, notice of the application shall be given according to the provision of Section 25.100.020.B (Method of Notice Distribution). The notice shall state that, unless a written request for a public hearing is received by the Community Development Department within 10 days after the date of the notice, the Director shall take action on the application.

• C. Call for Review. If a written request for a public hearing is received pursuant to subsection B above, the Director shall schedule the application for a public hearing before the Planning Commission within 45 days of the filing of the call for review in accordance with Chapter 25.100 (Public Hearings and Notice). The person filing the written request may be charged a fee to cover hearing costs.

• D. Director or Commission Action. The Director or the Planning Commission may deny, deny without prejudice, approve, or approve with conditions any application under this section.

• E. Story Poles. In review of the application, story poles may be required to help visualize the proposed addition or new structure and assess potential view impacts on neighboring properties. Story poles shall be installed as specified in the most up-to-date Department handout for Story Pole Installation Requirements.

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

• A. The following findings shall be made for any permit in the Hillside Overlay Zone:

  1. The project is consistent with the purpose of the Hillside Overlay Zone found in Section 25.20.040.A.

  2. The project complies with the development standards found in Section 25.20.040.B through I.

3. The placement of the proposed construction does not have a substantial impact on adjacent properties or on the character of the immediate neighborhood.

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

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City of Burlingame, CA