Local zoning · Burlingame

Burlingame — Variances and Exceptions

Q: Who decides variance applications in Burlingame and can that decision be appealed?

The Planning Commission hears variance applications; its decision may be appealed to the City Council in accordance with the Code’s appeals procedures. § 25.84.020 .

Q: What findings does Burlingame require to approve a variance?

All four findings in § 25.84.030 must be made: (A) exceptional circumstances apply to the property; (B) necessary to preserve a substantial property right; (C) will not be detrimental to adjacent properties or public welfare; and (D) compatible with the aesthetics, mass, bulk, and character of the vicinity. § 25.84.030 .

Q: Do variances remain on the property if ownership changes?

Yes. Variances run with the land — conditions and the rights conferred apply to subsequent owners. § 25.84.060 .

Q: Are there administrative, smaller relief options besides a variance?

Yes. Burlingame provides Minor Modifications (administrative exceptions) under Chapter 25.74 , and in specific contexts narrow waivers (for example, wireless facilities per § 25.48.300 ) or fee adjustments under Chapter 25.44 may apply. Evaluate those first for limited relief.

Variances and Exceptions under the Burlingame local zoning and planning code, with the controlling citations.

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Last reviewed: July 1, 2026

Overview

This page explains how Burlingame's Zoning Code treats variances and related exceptions, who decides them, what findings are required, and where other, narrower administrative pathways (waivers, minor modifications, special permits) overlap. Variance authority in Burlingame is codified in Title 25 (Zoning); the Planning Commission is the primary decision-maker and the City Council is the appeal body. Key controlling rules are in § 25.84.010–060 (Variances) and related chapters for nonconformities, special permits, minor modifications, and waivers. See § 25.84.010 and § 25.84.030 for the required findings.

(Quick links used in the text: Burlingame parking, design review, ADUs, California Building Standards Code, Overlay Districts, Nonconforming Uses, and Development Standards are linked to the city menu pages where those topics live.)

parking: /us/california/burlingame/parking
design review: /us/california/burlingame/design-review
ADUs: /us/california/burlingame/adu
California Building Standards Code: /us/california/building-codes
Overlay Districts: /us/california/burlingame/overlay-districts
Nonconforming Uses: /us/california/burlingame/nonconforming-uses
Development Standards: /us/california/burlingame/development-standards

What Burlingame calls a "variance"

A variance is an adjustment from any of the development standards in Title 25 where strict application would deny property privileges enjoyed by nearby properties in the same zone; variances cannot be used to allow uses that are expressly prohibited in a district (limit). § 25.84.010.
An applicant must file and process a variance following the Code’s application procedures (Chapter 25.62), and a public hearing before the Planning Commission is required; Commission decisions are appealable to the City Council. § 25.84.020.
A variance runs with the land (binds successors) once granted. § 25.84.060.

Required findings to approve a variance

A variance may be granted only if the decision-maker finds all of the following:

There are exceptional or extraordinary circumstances peculiar to the property that do not apply generally to other properties in the same zoning district (§ 25.84.030.A).
Granting the variance is necessary to preserve a substantial property right and to prevent unreasonable property loss or unnecessary hardship (§ 25.84.030.B).
The variance will not be detrimental to surrounding properties or the public health, safety, general welfare, or convenience (§ 25.84.030.C).
The use of the property will be compatible with the aesthetics, mass, bulk, and character of nearby properties (§ 25.84.030.D).

How variances relate to other exception mechanisms

Special Permits: Certain deviations (particularly additional height or other increased development capacity in commercial/mixed-use districts) are handled as Special Permits, with their own findings and community-benefit rules (for BFC, I‑I, RRMU, NBMU, etc.). See § 25.78.050–080.
Minor Modifications: Small, administrative adjustments are handled under Chapter 25.74 as Minor Modifications (administrative, limited scope).
Waivers (limited scope): The Code authorizes narrow waivers in specialized contexts — e.g., waivers of wireless facility standards where strict adherence would prohibit service, subject to minimum relief necessary — § 25.48.300. Fee waivers/adjustments have separate procedures (Council review) in Chapter 25.44.
Nonconforming structures: Remodeling or reconstruction of legal nonconforming structures is governed by Article 5 (Nonconformities); limited exceptions (e.g., reconstructing nonconforming front porches/detached garages) are provided and in some cases require Special Permits rather than variances. See § 25.50 and § 25.54.

District-by-district breakdown (how variances interact with key local districts)

Below are Burlingame district names that appear in the Zoning Code and the way exceptions/variances are typically applied. For each district I summarize purpose, typical uses (as shown in the Code), and the special variance/special-permit context. Numeric development standards (setbacks, FAR, exact height numbers) are referenced when available; if a numeric standard was not shown in the retrieved materials I note that.

Note: The code contains many districts; the subsections below cover districts that are explicitly discussed in the retrieved materials and where exception procedures are called out. For full district tables and numeric standards consult Table references in Title 25 (verify with staff for parcel‑specific figures). Verify with the jurisdiction for parcel-specific limits.

BFC (Burlingame Financial/Civic or similar central district)

Purpose / typical uses: higher‑intensity commercial / civic uses; special rules for increased height and development capacity. § 25.78.060 and § 25.78.070 discuss additional height and community benefits for some districts including BFC.
Variances/Exceptions: Buildings exceeding maximum height limits in BFC may require a Special Permit rather than a variance; community benefits may be required. § 25.78.060.
Where it applies: referenced in the special permits chapter that lists districts eligible for tiered development standards. § 25.78.060–070.

I‑I (Industrial / Innovation)

Purpose / typical uses: industrial and employment uses (see mixed-use tables and district chapters). Special permit mechanisms apply for height in I‑I. § 25.78.060.
Variances/Exceptions: Height increases may require Special Permit with findings about neighborhood character and public welfare. § 25.78.060.

RRMU, NBMU, CMU, BRMU, BMU, MMU, HMU, BAC, DAC, CAC, CAR (Mixed‑use and neighborhood commercial districts)

Purpose / typical uses: mixed-use and neighborhood commercial districts with combinations of residential, retail, office, and service uses. The Use Table for mixed-use districts appears in Table 25.14-1 and the RRMU development standards are referenced in § 25.14.030.
Variances/Exceptions: In the RRMU and NBMU districts, use of Tier 2 or Tier 3 development standards to exceed maximum height requires a Special Permit and may require community benefits; those items are processed under § 25.78.060–070. Smaller adjustments may come through variances or Minor Modifications depending on scope. § 25.14.030; § 25.78.060–070.
Where it applies: these district names are used throughout the mixed‑use chapters and the special permit chapter to identify where extra capacity or architectural exceptions are allowed. § 25.14.020–030 and § 25.78.050–080.
Numeric standards (exact setbacks, heights, FARs) are in district tables (e.g., Table 25.14-2 for RRMU). The retrieved materials reference those tables but do not reproduce all numeric values here — verify with the jurisdiction or the City’s official zoning tables. Not found in retrieved materials for many numeric values in the uploaded excerpts.

Residential districts (example: R‑1)

Purpose / typical uses: single‑unit residential districts (e.g., R‑1). The Code’s residential district standards and minimum lot sizes are discussed in Article 2; minimum lot sizes appear in § 25.10.090. § 25.10.090 references lot size bands (5,000; 7,000; 10,000 sq ft) by map designation.
Variances/Exceptions: Variances can provide adjustment from development standards (setbacks, coverage, etc.) only after findings per § 25.84.030. Nonconforming setbacks for single‑unit dwellings have special rebuilding exceptions in § 25.54.010.B.1.a (reconstruction in same location allowed under certain limits).
Where it applies: residential zones are defined in Article 2 and the map (Ordinance 712 referenced). § 25.10.090.
Numeric standards (e.g., exact front/setback numbers) are in district tables/Chapter 25.14/Development Standards — verify with the City zoning tables. Not found in retrieved materials for precise setback numbers.

Quick decision‑relevant table

Topic / standard	What it controls	Code reference
Variance purpose & limit	Variances adjust development standards but cannot permit uses explicitly prohibited in a district	§ 25.84.010
Findings required to grant variance	Four findings (A–D: exceptional circumstances; substantial property right; no harm; compatibility)	§ 25.84.030
Application, hearing, appeals	File per Chapter 25.62; public hearing before Planning Commission; appeal to Council	§ 25.84.020
Conditions & running with land	Commission may impose conditions; variances run with the land	§ 25.84.050; § 25.84.060
Special Permit for additional height / tiers	Certain districts (BFC, I‑I, RRMU, NBMU, etc.) require Special Permit and community benefits for extra height or Tier 2/3	§ 25.78.060–070
Minor, administrative options	Minor Modifications (Chapter 25.74) provide narrower administrative exceptions	Chapter 25.74
Wireless facility waivers (limited)	Waivers allowed only to the minimum extent necessary where strict standards would prohibit service	§ 25.48.300

Checklist — what an applicant must satisfy (pre‑filing and hearings)

Prepare a complete variance application per Chapter 25.62 and the Department variance handout; include required fee. § 25.84.020.
Demonstrate the factual basis for the four findings in § 25.84.030 (A–D) with site plans, photos, survey, and hardship evidence. § 25.84.030.
Request the hearing before the Planning Commission (public notice will be given per Chapter 25.100). § 25.84.020.
If the request overlaps with district‑specific special permit triggers (e.g., additional height in RRMU/NBMU), evaluate whether a Special Permit under § 25.78 is required instead. § 25.78.060–070.
Be prepared for conditions of approval and the possibility that the variance will run with the land (future owners bound). § 25.84.050–060.
Confirm whether administrative paths such as Minor Modifications (Chapter 25.74) or targeted waivers (e.g., for wireless facilities § 25.48.300) are available and preferable.

Risks & Ambiguities

Issue	Why it matters	What to verify
Variance vs Special Permit	The Code channels some deviations (notably height or tiered development in mixed‑use/commercial districts) into Special Permits rather than variances; using the wrong process wastes time and fee.	Verify whether your relief request triggers § 25.78 special-permit requirements (e.g., RRMU/NBMU tiers). § 25.78.060–070.
Numeric standards not in excerpts	The uploaded excerpts reference development tables but do not reproduce all numeric setback, FAR, or height numbers.	Obtain the full district tables (e.g., Table 25.14‑2 for RRMU) from the City to confirm exact numbers. Not found in retrieved materials — verify with the jurisdiction.
Nonconforming rebuilding exceptions	Some nonconforming rebuild rights (e.g., front porches, detached garages) exist and may interact with variance relief; improper reliance can lead to denial.	Check § 25.54.010 for nonconforming exceptions and whether the proposed work qualifies or needs a Special Permit. § 25.54.010.
Narrow waivers (e.g., wireless)	Waivers like § 25.48.300 are narrowly applied and limited to the minimum necessary relief.	If your project involves telecommunications equipment or fees, verify waiver criteria in the specific chapter rather than assuming general variance authority. § 25.48.300.
Effect on fees & approvals	Fee adjustments/waivers have their own procedure (Council hearing) and may be invalidated if project use changes.	Check Chapter 25.44 and the fee‑adjustment rules (timing, Council review). § 25.44.070.

Plain‑English summary

If your Burlingame property needs relief from a zoning development standard (setback, height, coverage, etc.), apply for a variance only if you can prove site‑specific hardship and satisfy the four findings in § 25.84.030; some kinds of relief (extra height in certain commercial/mixed‑use zones, or historic‑structure exceptions) go through Special Permits, and small design‑level exceptions may be handled administratively as Minor Modifications. Always confirm exact numeric standards and district tables with the City before filing.

Source References

Burlingame Zoning Code, Chapter 25 (Variances): § 25.84.010–060 (purpose, application, findings, conditions, runs with land).
Burlingame Zoning Code, Nonconforming Provisions and Structures: § 25.50 and § 25.54.010 (nonconforming continuation, rebuilding exceptions).
Burlingame Zoning Code, Special Permits (height, tiers, community benefits): § 25.78.050–080.
Burlingame Zoning Code, Standards for Specific Uses and wireless waivers: § 25.48.300.
Burlingame Zoning Code, Application processing & hearings (referenced chapters): Chapter 25.62 (applications), Chapter 25.100 (public hearings and notice) as referenced in § 25.84.020.
Burlingame Zoning Code, Mixed‑Use district use table and RRMU standards: Table 25.14‑1 and § 25.14.030 (RRMU Development Standards — see district tables).
Burlingame Zoning Code, Fee adjustments / Council review (waiver/reduction procedures): Chapter 25.44 including § 25.44.070.
Effective dates and permit implementation (discretionary permits timing): § 25.88.020.

Sources

Retrieved passages

Burlingame Zoning Code (Chapter 25.78) High relevance
Burlingame Zoning Code (§ 25.48.300) High relevance
Burlingame Zoning Code (Chapter 25.62) High relevance
Burlingame Zoning Code (§ 2) High relevance
Burlingame Zoning Code (§ 25.82.080) High relevance
Burlingame Zoning Code (chapter shall) High relevance
Burlingame Zoning Code (§ 25.52.020.) High relevance
Burlingame Zoning Code (Chapter 25.74) High relevance

Cited sections

Official Burlingame code library

Frequently asked questions

What is the difference between a variance and a special permit in Burlingame?

A variance is relief from development standards when strict application would deny a property privileges enjoyed by nearby properties; it requires the four findings in § 25.84.030 and a Planning Commission hearing. Some types of relief—especially extra building height or tiered development capacity in certain mixed‑use and commercial districts—are handled as a Special Permit with different findings and community‑benefit rules (§ 25.78.060–070).

Who decides variance applications in Burlingame and can that decision be appealed?

The Planning Commission hears variance applications; its decision may be appealed to the City Council in accordance with the Code’s appeals procedures. § 25.84.020.

What findings does Burlingame require to approve a variance?

All four findings in § 25.84.030 must be made: (A) exceptional circumstances apply to the property; (B) necessary to preserve a substantial property right; (C) will not be detrimental to adjacent properties or public welfare; and (D) compatible with the aesthetics, mass, bulk, and character of the vicinity. § 25.84.030.

Can a variance allow a use that is prohibited in a zoning district?

No. The variance chapter explicitly forbids using variances to permit land uses that are explicitly prohibited in a zoning district. § 25.84.010.C.

Do variances remain on the property if ownership changes?

Yes. Variances run with the land — conditions and the rights conferred apply to subsequent owners. § 25.84.060.

Are there administrative, smaller relief options besides a variance?

Yes. Burlingame provides Minor Modifications (administrative exceptions) under Chapter 25.74, and in specific contexts narrow waivers (for example, wireless facilities per § 25.48.300) or fee adjustments under Chapter 25.44 may apply. Evaluate those first for limited relief.

If I propose an ADU, should I seek a variance for setbacks or coverage?

ADU standards are regulated separately in the Code (see the ADU chapter) and state ADU law may limit what a city may require. Before pursuing a variance, consult the ADU chapter and applicable state rules; if a variance is required for development‑standard relief, the variance findings still apply. (Specific ADU procedures are in the ADU chapter — verify with the City). Not found in retrieved materials for complete ADU‑variance interplay; verify with the jurisdiction.

How does a variance interact with legal nonconforming structures?

Nonconforming structures have continuation and limited alteration rules in Article 5. Some rebuilding rights for nonconforming features (like front porches or one‑story detached garages) are provided without requiring a variance; other substantial alterations may require bringing the structure into compliance or using Special Permit relief for historic structures. See § 25.50 and § 25.54.010.

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