Burlingame Municipal Code Ch. 25.60 General Provisions

This article establishes the overall structure for the application, review, and action on City-required permit applications and identifies and describes those discretionary permits and other approvals required by this Zoning Code in Table 6-1: (Review Authority). The provisions of this article shall apply to all properties in the City.

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

A. Administrative Permits and Actions. Except when combined with legislative actions or other non-administrative actions defined in this article, the Director, also defined in this Zoning Code as the designee of the Director, is the designated Review Authority for the following quasi-judicial permits and actions. The Director, at the Director's sole discretion, may elevate the level of review to a higher Review Authority.

1. Administrative Use Permit. An administrative permit providing for the review of certain wireless communications facilities, as identified in Section 25.48.300 (Wireless Communications Facilities).

2. Design Review—Minor. An administrative review process providing for review of projects specified in Section 25.68.020.D (Design Review—Minor) for compliance with the provisions of this Zoning Code and with any site plan or architectural design guidelines adopted by the City and as provided in Chapter 25.68 (Design Review).

3. Hillside Area Construction Permits. An administrative permit providing for the review of certain development projects in the designated Hillside Area, as identified in Chapter 25.70 (Hillside Area Construction Permits).

4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions specified in Chapter 25.72 (Home Occupation Permits).

5. Minor Modifications. An administrative action, granted in compliance with Chapter 25.74 (Minor Modifications), to allow specified exceptions to specified development standards of this Zoning Code for the purpose of creating flexibility in implementing those standards to accommodate unique design approaches and to recognize unique physical conditions present on individual parcels.

6. Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code and in compliance with procedures specified in Chapter 25.66 (Conditional Use Permits and Minor Use Permits).

7. Reasonable Accommodations. An administrative permit authorizing limited modifications to properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards and in compliance with procedures specified in Chapter 25.76 (Reasonable Accommodations).

8. Sign Permits. An administrative permit authorizing a variety of signs, including individual signs for promotional advertising, in compliance with specific provisions and conditions of this Zoning Code and Chapter 25.42 (Signs). Temporary signs may also be approved in conjunction with a temporary use permit issued in compliance with Chapter 25.82 (Temporary Use Permits).

9. Master Sign Programs. A process through which permissible on-site signage is reviewed by the Director to provide for a coordinated, complementary program of signage within a single development project or property. See Chapter 25.42 (Signs).

10. Temporary Use Permits. An administrative permit authorizing specific limited-term uses in compliance with specified conditions and performance criteria specified in Chapter 25.82 (Temporary Use Permits).

11. Zoning Ordinance Interpretations. An administrative interpretation of certain provisions of this Zoning Code to resolve ambiguity in the regulations and to ensure their consistent application in compliance with Chapter 25.04 (Interpretation of the Zoning Code).

B. Quasi-Judicial Permits and Actions. Except when combined with legislative actions, the Commission is the designated Review Authority for the following quasi-judicial permits and actions. Additionally, the Director may refer review of administrative permits and actions to the Commission. A public hearing is required for the following quasi-judicial actions in compliance with Chapter 25.100 (Public Hearings and Notice).

1. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code and the procedures specified in Chapter 25.66 (Conditional Use Permits and Minor Use Permits).

2. Density Bonus for Affordable Housing. An action authorizing a residential density bonus in compliance with Chapter 25.33 (Affordable Housing and Density Bonus).

3. Design Review—Major. A discretionary review process providing for review of projects specified in Section 25.68.020.C (Design Review—Major) for compliance with the provisions of this Zoning Code and with any site plan or architectural design guidelines adopted by the City and as provided in Chapter 25.68 (Design Review).

4. Special Permits. A discretionary review process to allow for minor deviations from applicable development standards and design criteria in all zoning districts in response to the prevailing character of a neighborhood or district, as determined by the Director, provided the findings contained in Chapter 25.78 (Special Permit) can be made.

5. Variances. An action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship, in compliance with Chapter 25.84 (Variances).

C. Legislative Actions. The designated Review Authority for all legislative actions is the Council, with recommendations from the Commission. A public hearing is required for the following legislative actions in compliance with Chapter 25.100 (Public Hearings and Notice).

1. General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land use designation of a particular property in compliance with Chapter 25.96 (Amendments to the Zoning Code, Zoning Map, and General Plan).

2. Specific Plans and Amendments. A regulatory document prepared in compliance with California Government Code Section 65450 et seq., for the systematic implementation of the General Plan for a particular area, as specified in Chapter 25.80 (Specific Plans).

3. Zoning Code Text/Zoning Map Amendments. An action authorizing either a text amendment to this Zoning Code or a map amendment changing the zoning designation of a particular property in compliance with Chapter 25.96 (Amendments to the Zoning Code, Zoning Map, and General Plan).

Table 6-1: Review Authority

Notes:

(Ord. 2000, 2021; Ord. 2035, 12/16/2024; Ord. 2046, 3/2/2026)

A land use on property that complies with the permit requirement or exemption provisions of this Zoning Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this Zoning Code shall eliminate the need to obtain any permits required by any other Municipal Code provisions or any applicable county, regional, State, or Federal regulations.

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

It is unlawful for any person to use any land or building for any purpose requiring the granting of any required permit or authorization unless such permit or authorization has been issued.

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