Chapter 25.74 — MINOR MODIFICATIONS

The purpose of the Minor Modification process is to provide a procedure that allows for minor deviations from the development standards applicable to a property in order to promote integrated design approach and quality; respond to conditions on adjacent properties and within a neighborhood or district; and/or respond to unique conditions on a property due to topography, parcel configuration, the presence of protected trees, and natural features warranting protection. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A Minor Modification application may be submitted only for the following deviations from development standards. If more than two minor deviations are requested for a subject property, the Director shall refer the application to the Planning Commission for review, with a fully noticed public hearing required.

• A. R-1 and R-2 Zoning Districts.

  1. A maximum increase in residential lot coverage up to 41%.

  2. A maximum decrease in a required side or rear setback by up to 20%.

  3. A maximum of 20% increase in height limit in fence and hedge requirements, except in the required front setback area, where no increase shall be permitted.

  4. A maximum of 10% reduction in any dimension of aisles, driveways, or parking spaces.

  5. Encroachment of a structure up to one foot into the required side yard setback of seven feet six inches on corner lots if the encroachment does not exceed 10% of the frontage and does not affect sight lines for motor vehicles, pedestrians, or cyclists, as determined by the City Engineer.

  6. Encroachment by the primary structure into the required 15-foot rear setback of a one-story single-unit dwelling for up to 25% of the structure, provided no portion of the structure extends closer than 12 feet to the rear property line.

  7. Detached garages of 650 square feet or less and which comply with Section 25.31.020.C (Accessory Structures).

  8. A detached garage or other accessory structure, other than an accessory dwelling unit, exempt from setback restrictions, when located within the rear 40% of the lot.

  9. Extending an existing first floor wall which encroaches into the side setback no closer than three feet to the property line.

• B. Commercial, Mixed-Use, and Downtown Zoning Districts.

1. Increase in compact parking stalls up to 30% for commercial uses. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

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City of Burlingame, CA

ZONING

§ 25.74.030

§ 25.74.040

• A. Review. Upon making the determination that a Minor Modification 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, 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.

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

In acting to approve or approve with conditions a Minor Modification application, the Director or appeal body shall be required to make the following findings, supported by written evidence.

The following findings shall be made for any Minor Modification:

• A. Is consistent with the General Plan.

• B. Will not adversely affect neighboring properties.

• C. Will not be detrimental to the health, safety, or general welfare of the persons residing or working on the site or in the vicinity.

• D. Is justified by specified environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

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

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City of Burlingame, CA