Chapter 25.62 — APPLICATION PROCESSING PROCEDURES
Burlingame Municipal Code · 2026-09 edition · updated 2026-10-02 · Burlingame
§ 25.62.010. Purpose.¶
A. Procedures. This chapter provides procedures and requirements for the preparation, filing, initial processing, and review of applications for the land use entitlements required by this Zoning Code.
B. Failure to Follow Requirements. Failure to follow the procedural requirements shall not
invalidate City actions taken in the absence of a clear showing of intent not to comply with
this Zoning Code.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
§ 25.62.020. Multiple Permit Applications.¶
A. Concurrent Filing. An applicant for a development project that requires the filing of more than one application pursuant to this Zoning Code shall file all related applications concurrently, together with all application fees required by Section 25.62.040 (Application Fees and Cost Recovery), unless these requirements are waived by the Director.
B. Concurrent Processing. Multiple applications for the same project shall be processed
concurrently and shall be reviewed—and approved or denied—by the highest Review
Authority designated by this Zoning Code for any of the applications. For example, a
project for which applications for zoning map amendment and a conditional use permit are
filed shall have both applications decided by the Council, instead of the Commission being
the final decision-making authority for the conditional use permit as otherwise required by
Table 6-1 (Review Authority). In the example cited, the Commission would still hear all
the applications (the zoning map amendment and the conditional use permit) and forward
recommendations to the Council.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
§ 25.62.030. Application Preparation and Filing.¶
A. Application Contents. Applications for amendments, entitlements, and other matters pertaining to this Zoning Code shall be filed with the Community Development Department in the following manner:
1. The application shall be made on forms furnished by the Department.
2. The necessary fees shall be paid in compliance with the City's fee resolution.
3. The application shall be accompanied by the information identified in the Department
handout for the particular application. The requested information may include
exhibits, maps, materials, plans, reports, and other information required by the
Department that describe clearly and accurately the proposed work, its potential
environmental impact, and its effect on the terrain, existing improvements, and the
surrounding neighborhood.
B. Status of Application. Acceptance of the application does not constitute an indication of
approval by the City nor of the application being deemed complete. If an applicant fails to
provide all of the information required in the application or any additional information required in support of the application, the application will not be deemed complete.
C. Eligible Applicants. Applications shall be made by the owners of a property or their agents
with the written consent of the owner.
D. Pre-Application Conference.
1. A prospective applicant may request a pre-application conference with the Director
or designee before completing and filing a permit application required by this Zoning
Code.
2. The purpose of a pre-application conference is generally to:
a. Inform the applicant of City requirements as they apply to the proposed project;
b. Discuss the City's review process, possible project alternatives, or
modifications; and
c. Identify information and materials the City will require with the application,
including any necessary technical studies and information anticipated for the
environmental review of the project.
3. Neither the pre-application review nor the provision of information and/or pertinent
policies shall be construed as either a recommendation for approval or denial of the
application or project by the City's representative.
4. Failure of the City's representative to identify all required studies or all applicable
requirements at the time of pre-application review shall not constitute a waiver of
those studies or requirements.
- An applicant is encouraged to perform an early-stage outreach with residents and property owners near proposed projects to address and, if possible, resolve any concerns that interested persons may have regarding potential impacts of proposed project on surrounding neighborhoods and properties. 6. A pre-application conference does not establish the date for determining a preliminary application to be complete for the purposes of implementing the provisions of Government Code Section 65589.5(o). (Ord. 2000, 2021; Ord. 2046, 3/2/2026)
§ 25.62.040. Application Fees and Cost Recovery.¶
A. Filing Fees Required.
1. The Council shall, by resolution, establish a schedule of fees for amendments,
entitlements, and other matters pertaining to this Zoning Code to ensure that the City
is reimbursed for its costs of providing services to applicants for development projects
and to the extent advisable, provide uniformity with respect to such provisions. The
schedule of fees may be changed or modified only by resolution of the Council.
2. The City's processing fees shall be cumulative. For example, if an application for
design review also involves a variance, both fees shall be charged.
3. Processing shall not commence on an application until required fees have been paid.
Without the application fee, the application shall not be deemed complete or accepted
for processing.
4. Fees shall include fees and deposits collected by the City to administer provisions of
this Zoning Code. The City shall determine through Council adoption of a fee
schedule the instances in which a fee covering all costs or a deposit from which City
costs are deducted shall be collected.
5. Each applicant for or operator of a development project, as well as the owner of the
subject property, if different, shall be liable for payment of all fees associated with
the development project.
6. Costs shall include, but not be limited to, field investigations, preparation of necessary
reports; preparation of site maps; preparation of environmental reviews; producing,
posting and mailing notices or legal publications; legal review; review of
applications; defense of administrative and/or judicial challenges to the project
approval(s).
B. Refunds and Withdrawals.
1. Recognizing that filing fees are utilized to cover City costs of public hearings,
mailing, posting, transcripts, and staff time involved in processing applications,
refunds due to a disapproval are not allowed.
2. In the case of a withdrawal, the Director may authorize a partial refund based upon
the pro-rated costs to date and determination of the status of the application at the
time of withdrawal. The Council may establish a refund schedule in the City's fee
resolution.
(Ord. 2000, 2021; Ord. 2019, 2023; Ord. 2046, 3/2/2026)
§ 25.62.050. Eligible Applicants.¶
A. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the Director's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.
B. The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)
§ 25.62.060. Initial Application Review.¶
A. Review for Completeness.
1. Criteria for Review. The Director shall review each application for completeness and
accuracy before it is accepted as being complete and officially filed. The Director's
determination of completeness shall be based on the City's list of required application
contents and related additional written instructions provided to the applicant in any
pre-application conference and/or during the initial application review period. The
provisions of California Government Code Section 65589.5(o) shall apply until the time such section is no longer law.
2. Notification of Applicant. As required by California Government Code Section
65943, within 30 calendar days of application filing, the applicant shall be informed,
in writing, either that the application is complete and has been accepted for
processing, or that the application is incomplete and that additional information,
specified in the Director's letter, shall be provided. This requirement shall not apply
to any legislative actions.
3. Submittal of Additional Information.
a. When the Director determines that an application is incomplete, the time used
by the applicant to submit the required additional information shall not be
considered part of the time within which the determination of completeness shall
occur.
b. The additional specified information shall be submitted in writing or
electronically, as required by the Director.
c. The Director's review of any information resubmitted by the applicant shall be
accomplished in compliance with subsection A.1, above, along with another
30-day period of review for completeness for each resubmittal necessary.
4. Environmental Information. Upon review of an initial application or after an
application has been accepted as complete, the Director may require the applicant to
submit additional information needed for the environmental review of the project in
compliance with the California Environmental Quality Act (CEQA) and the CEQA
Guidelines.
5. Expiration of Application. If an applicant fails to provide the additional information
specified in the Director's letter within 180 days following the date of the letter, the
application shall expire and be deemed withdrawn without any further action by the
City, unless an extension is approved by the Director for good cause shown. After the
expiration of an application, future City consideration shall require the submittal of a
new, complete application and associated filing fees.
B. Referral of Application. At the discretion of the Director, or where otherwise required by
this Zoning Code or State or Federal law, an application may be referred to any public
agency that may be affected by or have an interest in the proposed project.
C. Multi-Unit Residential and Mixed-Use Developments. Where a multi-unit residential
development or mixed-use development in which at least two-thirds of the square footage
consists of residential use, and where such developments qualify for streamlined processing
pursuant to California Government Code Section 65400 et seq., the provisions of California
Government Code Sections 65400 et seq., shall apply.
D. Wireless Communications Facilities. The provisions of subsections A and B above shall
not apply to wireless communications facilities. The review for completeness and the
processing of such applications shall comply with applicable Federal Communication
Commission (F.C.C.) regulations.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
§ 25.62.070. Environmental Review.¶
A. CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with CEQA to determine whether:
1. The proposed project is exempt from the requirements of CEQA;
2. The proposed project is not a "project" as defined by CEQA;
3. A Negative Declaration may be issued;
4. A Mitigated Negative Declaration may be issued; or
5. An Environmental Impact Report (EIR) and related documents shall be required.
B. Compliance with CEQA. These determinations and, where required, the preparation of
appropriate environmental documents, shall comply with CEQA and the CEQA
Guidelines.
C. Special Studies Required. One or more special studies, paid for in advance by the applicant,
may be required to complete the City's CEQA compliance review. These studies shall
become public documents, and neither the applicant nor any consultant who prepared the
studies shall assert any rights to prevent or limit the documents' availability to the public.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
§ 25.62.080. Project Evaluation and Staff Reports.¶
A. Application Evaluation. The Director or designee shall review all completed applications to determine whether they comply and are consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, the General Plan, any applicable Specific Plan, and CEQA.
B. Staff Report Preparation. For those application approvals requiring a public hearing, a staff
report shall be prepared describing the conclusions about the proposed land use and
development as to its compliance and consistency with the provisions of the Zoning Code,
other applicable provisions of the Municipal Code, and the actions, goals, objectives, and
policies of the General Plan.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
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