Chapter 25.96

AMENDMENTS TO THE ZONING CODE, ZONING MAP, AND GENERAL PLAN

This chapter provides procedures for the amendment of this Zoning Code, the Official Zoning Map, and the General Plan whenever the Council determines public necessity and general welfare require an amendment.

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

• A. Who May Initiate. Upon application of any property owner, or on the initiative of a majority of the Commission or the Council, land within the City may be classified within a zoning district, or reclassified from one zoning district to another, in the manner provided in this chapter.

• B. No Obligation to Consider Formally. An application for a General Plan or Zoning Map amendment shall be construed as a suggestion only. The City shall not be required to hold any public hearings merely because an application has been filed. The Council shall have the authority to indicate whether an application for an amendment may be accepted.

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

• A. Application Filing and Processing.

  1. If initiated by the filing of an amendment application in compliance with Section 25.96.020 (Initiation of Amendment), the application shall be processed in compliance with Chapter 25.62 (Application Processing Procedures).

  2. The application shall include the information and materials specified in the Department handout for amendment applications, together with the required fee in compliance with the Council's fee schedule.

  3. It shall be the responsibility of the applicant to provide evidence in support of the findings required by Section 25.96.060 (Findings and Decision).

• B. Timing of General Plan Amendments. The mandatory elements of the General Plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions of California Government Code Section 65358.

• C. Public Hearings Required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.

• D. Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 25.100 (Public Hearings and Notice) and as specified in Government Code Sections 65353, 65355, 65854, and 65856.

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

• A. Recommendation to Council.

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City of Burlingame, CA

ZONING

§ 25.96.040

§ 25.96.060

1. All Amendments. After a public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 25.96.060 (Findings and Decision), below.

2. Recommendation for Approval of Zoning Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require only a majority vote of the Commission.

3. Recommendation for Approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members of the Commission in compliance with Government Code Section 65354.

4. Recommendation for Denial. A recommendation against the proposed amendment shall require only a majority vote.

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

• A. Approval.

  1. All Amendments. Upon receipt of the Commission's recommendation to approve or approve in modified form a proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 25.96.060 (Findings and Decision), below.

  2. Approval of Zoning Code or Zoning Map amendments. The action by the Council to approve the Commission's recommendation regarding a Zoning Code or Zoning Map amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive.

  3. Approval of General Plan Amendments. The action by the Council to approve the Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section65356, adopted by resolution, and shall be final and conclusive.

• B. Referral to Commission.

  1. If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation in compliance with Government Code Sections 65356 and 65857.

  2. Failure of the Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Commission of the proposed modification(s).

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

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City of Burlingame, CA § 25.96.060

BURLINGAME CODE

§ 25.96.070

An amendment to this Zoning Code, the Official Zoning Map or the General Plan may be approved only if all the following findings are first made, as applicable to the type of amendment.

• A. Findings for General Plan Amendments.

  1. The amendment is internally consistent with all other provisions of the General Plan;

  2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

  3. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

• B. Findings for Zoning Code and Zoning Map Amendments.

  1. The proposed amendment is consistent with the General Plan and any applicable specific plan;

  2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;

  3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code; and

  4. Specific to Zoning Map amendments, the affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

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

• A. Prezoning Required. Before the annexation to the City of any property, the sponsor of any annexation shall file an application for prezoning of the subject property to be annexed, and the City shall establish the zoning district(s) which will be in effect on the effective date of the annexation.

• B. Same as Zoning Map Amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this chapter for Zoning Map amendments.

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City of Burlingame, CA

ZONING

§ 25.96.070

§ 25.96.080

• C. Compliance with Plans. The zoning shall be in compliance with the General Plan and any applicable specific plan.

• D. Prezoning.

  1. Any property lying outside the corporate limits of the City but adjacent to and within its sphere of influence may be prezoned with a City zoning district in compliance with Government Code Section65859 and this chapter.

2. If any property has been prezoned in this manner, the assigned zoning district shall become effective at the same time the annexation of the property becomes effective.

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

• A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.

• B. Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council.

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

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City of Burlingame, CA