Burlingame City Zoning Code

Review Authority on Specified Legislative Planning Matters. Final legislative decisions on development agreements and amendments, Zoning Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, related California Environmental Quality Act (CEQA) environmental documents, and other applicable policy or Zoning Code matters related to the City's planning processes.

Appeals. The review of appeals filed from Commission decisions.

Compliance. The functions listed above shall be performed in compliance with Table 6-1 (Review Authority) and CEQA.

Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

Appointment. The Community Development Director, referred to in this Title 25 as the Director, shall be appointed by the City Manager.

Duties and Authority. The Director shall:

Imposition of Conditions. In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

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.

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.

Application Filing and Processing.

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.

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

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.

Recommendation to Council.

Approval.

Referral to Commission.

Findings for General Plan Amendments.

Findings for Zoning Code and Zoning Map Amendments.

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.

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.

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

Prezoning.

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

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.

Administrative Permits and Actions. Administrative permits and actions, as defined in Section 25.60.020.A (Administrative Permits and Actions), may be appealed or called for review to the Commission pursuant to Chapter 25.60 (General Provisions).

Quasi-Judicial Permits and Actions. Quasi-judicial permits and actions, as defined in Section 25.60.020.B (Quasi-Judicial Permits and Actions), may be appealed to the Council.

Legislative Actions. When the Commission recommends denial of an application to amend the Zoning Code, Zoning Map, or General Plan, such action is automatically forwarded to the Council for action; no appeal is required.

Enforcement Actions. Appeal of enforcement actions relating to violations of this Title 25 shall follow the procedures found in Title 1 of the Burlingame Municipal Code.

Eligibility.

Timing and Form of Appeal or Call for Review.

Scheduling of Hearing.

Decision.

Effect of Decision.

Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.

Method of Notice Distribution. Notice of a public hearing or any noticing requirement required by Article 6 for a planning approval shall be given as follows, as required by Government Code Sections 65090, 65091, and 65854.

Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.

Continued Hearing. Any hearing may be continued from time to time without further notice, provided the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

Deferral of Final Decision. The Review Authority may announce a tentative decision and defer action on a final decision until appropriate findings and/or conditions have been prepared.

Decision.

Notice of Decision.

The City presently requires developers and other applicants for permits to develop real property to pay fees to mitigate the fiscal impact of processing applications.

The costs associated with defending a legal action brought by a third party challenging the City's approval of a permit or entitlement for development should be a cost burden of the real party-in-interest who is the applicant for such development, and not the City.

The purpose of this chapter is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to both the City and developers to enter into development agreements.

In defining the provisions of any development agreement executed in compliance with this section, each provision shall be consistent with the language of this section, State law and the agreement itself. Should any discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order of precedence:

A person having a legal or equitable interest in real property may apply for a development agreement. The Community Development Director shall prescribe the application form for development agreements.

The City may require an applicant to submit such information and supporting data as the Community Development Director considers necessary to process the application.

Each application shall be accompanied by the key terms of the development agreement proposed by the applicant.

The applicant shall reimburse the City for all its reasonable and actual costs, fees, and expenses, including legal counsel and special counsel fees, for preparation and review of an application for a development agreement. This reimbursement includes the applicant reimbursing the City for all its reasonable and actual costs, fees and expenses, including legal counsel and special counsel fees, incurred in the negotiation of the development agreement. The City Council may by resolution fix the schedule of fees and charges imposed for the filing and processing of each development agreement application and negotiation, and for the annual review.

The Community Development Director shall review the application and determine any additional information necessary to process the application. After the required information is received, a staff report and recommendation shall be prepared and shall state whether or not the agreement, as proposed or in an amended form, would be consistent with the General Plan and any applicable specific plan and shall describe the public benefits provided by the proposed agreement.

Dependent upon policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the Community Development Director to be significant enough to warrant additional review and engagement, the Community Development Director shall have the discretion to require a Planning Commission study session, public workshop and/or another public vetting opportunity prior to the public hearings on the development application.

The timing and manner of giving notice of public hearings on the development agreement shall be as prescribed in California Government Code Section 65867.

The notice to consider adoption of the development agreement shall contain:

The Planning Commission shall hold a public hearing on the development agreement and shall make a written recommendation to the City Council.

The Planning Commission's recommendation shall include a determination whether or not the proposed development agreement:

The City Council shall hold a public hearing, after which it may accept, modify or disapprove the recommendation of the Planning Commission.

The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan and are consistent with the zoning and other land use regulations applicable to the property.

The parties may mutually agree to amend or cancel in whole or in part the development agreement previously entered into.

The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement.

Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

If the parties to the agreement amend or cancel the agreement as provided in Section 25.104.100 or modify or terminate the agreement as prescribed in Section 25.104.130 for failure of the applicant or its successor in interest to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

The City shall review the development agreement annually. It is the applicant's or the applicant's successor in interest's responsibility to apply in a timely fashion for the annual review and pay any applicable review fees. The applicant or its successor in interest is responsible for submitting substantial evidence of good faith compliance with the development agreement with the application for annual review. The date for the annual review may be modified either by agreement between the parties or at the City's initiation, upon recommendation of the Community Development Director, and by an affirmative vote of a majority of the City Council.

The Community Development Director shall give notice to the applicant or its successor in interest that the City intends to undertake the review of the development agreement. Notice shall be given at least 10 days in advance of the time at which the matter will be considered by the City Council.

The City Council shall conduct a public hearing to determine whether the applicant or its successor in interest is in good faith compliance with the terms of the agreement. The burden of proof, by substantial evidence, of good faith compliance shall be upon the applicant or its successor in interest.

The City Council shall determine, based on substantial evidence, whether or not the applicant or its successor in interest has, for the period under review, complied in good faith with the terms and conditions of the agreement.

If the City Council determines, based on substantial evidence, that the applicant or its successor in interest has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

If the City Council determines, based on substantial evidence, that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may terminate or modify the agreement as provided in Section 25.104.130.

If the City Council determines, based upon substantial evidence, that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may terminate or modify the agreement as provided in this section.