Chapter 25.78 — SPECIAL PERMIT

• A. Purpose. The Special Permit is established for the purpose of allowing the structures and development approaches specified in this chapter that are not permitted as a matter of right but which may be considered compatible and appropriate if such uses or features are designed or arranged on a site or in a structure in a particular manner and in accordance with conditions imposed by the Planning Commission.

• B. Applicability. In its review of a Special Permit application, the Commission may impose such requirements and conditions with respect to location, construction, architectural features, architectural consistency within the structure, site planning, and time limits for the special permit as it deems necessary for the protection of adjacent properties, the streetscape, the neighborhood, and the public interest. Such deviations may apply to, but not be limited to, building height, variety of roofline on a structure, daylight plane angle, façade articulation, and exterior finish materials.

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

• A. Applicability. The following are structures and development approaches allowed in the R-1 zoning district with a Special Permit:

  1. Attached garages for single-unit dwellings, except for replacement of an existing attached garage or for existing attached garages that are extended no more than 10 feet in length. In all cases the attached garage shall comply with the minimum required front setback requirements in Section 25.10.050 (Special Front Setback Requirements).

  2. Construction exceeding the limits of the declining height envelope.

  3. Building height exceeding 30 feet, but not to exceed 36 feet.

  4. A detached garage or other accessory structure, other than an accessory dwelling unit, that is in the rear of the lot and that is more than 28 feet in width or depth.

  5. Plate height exceeding maximum indicated in Table 25.10-2 (Residential Zoning Districts Development Standards).

  6. Any second-floor deck or balcony up to a maximum of 75 square feet and/or to exceed the minimum required side setback for a second-floor deck or balcony. Second-floor decks and balconies shall not be designed as viewing platforms and shall be designed to consider surrounding context, including window location of adjacent properties.

• B. Required Findings. Any decision to approve a Special Permit application in the R-1 zoning district pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

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City of Burlingame, CA

ZONING

§ 25.78.020

§ 25.78.040

1. The blend of mass, scale, and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the well-defined character of the street and neighborhood;

2. The variety of roof line, façade, exterior finish materials, and elevations of the proposed new structure or addition are consistent with the existing structure, street, and neighborhood;

3. The proposed project is consistent with the residential design guidelines adopted by the City; and

4. Removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the City's reforestation requirements, and that the mitigation for the removal that is proposed is consistent with established City policies and practices.

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

• A. Applicability. The following are structures and development approaches allowed in the R-2 zoning district with a Special Permit:

  1. Building height exceeding 30 feet, but not to exceed 36 feet.

  2. Construction exceeding the limits of the declining height envelope.

• B. Required Findings. Any decision to approve a Special Permit application in the R-2 zoning district pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

  1. The blend of mass, scale, and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the well-defined character of the street and neighborhood;

  2. The variety of roof line, façade, exterior finish materials, and elevations of the proposed new structure or addition are consistent with the existing structure, street, and neighborhood;

  3. The proposed project is consistent with the residential design guidelines adopted by the City; and

  4. Removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the City's reforestation requirements, and that the mitigation for the removal that is proposed is consistent with established City policies and practices.

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

• A. Applicability. The following are structures and development approaches allowed in the R-3

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City of Burlingame, CA § 25.78.040

BURLINGAME CODE

§ 25.78.050

and R-4 zoning districts with a Special Permit:

1. Any proposal utilizing Tier 2 development standards to exceed the maximum building height. Additional building height provided in Tier 2 may only be allowed with the applicant's provision of community benefits approved by the Review Authority.

2. Buildings exceeding maximum height limits in the R-3 zoning district within the Anita Road Overlay (Section 25.20.010) and within the Rollins Road Residential Overlay (Section 25.20.070), and in the R-4 zoning district within the R-4 Incentive Overlay (Section 25.20.060).

3. If a circular drive is provided, a reduction of the required front setback landscaping to 45% of the lot area within the required front setback.

• B. Required Findings. Any decision to approve a Special Permit application in the R-3 and R-4 zoning districts pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

  1. The proposed modification to standards respects and preserves the character of the neighborhood in which the project is located;

  2. The proposed modification to standards results in a project that is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring properties;

  3. The additional development capacity is consistent with General Plan goals and policies; and

  4. The project conditions of approval, a development agreement, or some other form of binding agreement will be in place to ensure provision of the required community benefits (if applicable).

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

• A. Applicability. The following are structures and development approaches allowed in the BAC, HMU, MMU, BMU, DAC, CAC, CAR, CMU and BRMU zoning districts with a Special Permit:

  1. Buildings exceeding maximum height limits, with the exception of the HMU zoning district.

  2. Architectural features in excess of the maximum building height which do not extend more than 10 feet above the maximum height and do not occupy more than 10% of the roof area. The architectural features shall be reviewed as a part of the design review process outlined in Chapter 25.68 (Design Review).

• B. Required Findings. Any decision to approve a Special Permit application pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

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City of Burlingame, CA

ZONING

§ 25.78.050

§ 25.78.070

1. Building Height.

   • a. The proposed modification to standards respects and preserves the character of the neighborhood in which the project is located;

   • b. The proposed modification to standards results in a project that is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring properties; and

   • c. The additional development capacity is consistent with General Plan goals and policies.

2. Architectural Features.

   • a. The architectural features enhance the overall design of the development; and

   • b. The architectural features are designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring properties.

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

• A. Applicability. The following are structures and development approaches allowed in the BFC, I-I, RRMU, and NBMU zoning districts with a Special Permit:

  1. Any proposal in the RRMU and NBMU zoning districts utilizing Tier 2 or Tier 3 development standards to exceed the maximum building height. Additional building height provided in Tier 2 or Tier 3 may only be allowed with the applicant's provision of community benefits approved by the Review Authority.

  2. Buildings exceeding maximum height limits in the BFC and I-I zoning districts.

• B. Required Findings. Any decision to approve a Special Permit application pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

  1. The proposed modification to standards respects and preserves the character of the neighborhood in which the project is located;

  2. The proposed modification to standards results in a project that is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring properties; and

  3. The additional development capacity is consistent with General Plan goals and policies.

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

• A. Applicability. In the BFC, I-I, RRMU, and NBMU zoning districts, a Special Permit

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City of Burlingame, CA § 25.78.070

BURLINGAME CODE

§ 25.78.090

application is required for any proposal utilizing Tier 2 or Tier 3 development standards as provided in the respective chapter. Additional development capacity provided in Tiers 2 and 3 may only be allowed with the applicant's provision of community benefits approved by the Review Authority. The value of the benefit shall be proportional to the value of the additional development capacity provided in Tiers 2 and 3, as determined by the Review Authority.

• B. Required Findings. Any decision to approve a Special Permit application for additional development capacity as provided in Tiers 2 and 3 shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

  1. The value of the community benefits provided is proportional to the value derived from the additional development capacity provided in Tiers 2 and 3;

  2. The additional development capacity will not pose adverse impacts on the public health, safety, and general welfare, nor on neighboring properties in particular;

  3. The additional development capacity is consistent with General Plan goals and policies; and

  4. The project conditions of approval, a development agreement, or some other form of binding agreement will be in place to ensure provision of the required community benefits.

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

• A. Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 25.62.080 (Project Evaluation and Staff Reports).

• B. Notice and Hearings. A public hearing before the Planning Commission shall be required for all Special Permits in compliance with Chapter 25.100 (Public Hearings and Notice).

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

In approving a Special Permit, the Commission, or City Council on appeal, may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and with the findings required by this chapter. The Commission may require tangible guarantees or evidence that those conditions are being, or will be, complied with. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

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City of Burlingame, CA