Chapter 25.02 — PURPOSE AND APPLICABILITY

The provisions of this Title 25 of the City of Burlingame Municipal Code shall be known and cited as the "City of Burlingame Zoning Ordinance" or "Zoning Ordinance" or "Zoning Code," (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

This Zoning Code is intended to regulate the use and development of land within the City consistent with the City of Burlingame General Plan. It is also the intent of this Zoning Code to protect and promote the public health, safety, comfort, convenience, and general welfare of the Burlingame community; and to provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources.

The Zoning Regulations are enacted based on the authority vested in the City of Burlingame and the State of California, including, but not limited to, the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), and the California Health and Safety Code.

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

The provisions of this Zoning Code, as it existed prior to the effective date of the ordinance codified in this title, are repealed and superseded as provided in the ordinance enacting this Title 25. No provision of this Zoning Code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the Zoning Code as it existed prior to repeal by the ordinance enacting this Zoning Code, except as addressed by nonconformities created by this Zoning Code.

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

• A. This Zoning Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Zoning Code be consistent with the General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the General Plan.

• B. When a project application pursuant to the provisions of the Zoning Code is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this Zoning Code, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Title14, California Code of Regulations, Section 15000 et seq.), and any environmental guidelines and other applicable rules adopted by the City.

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

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City of Burlingame, CA § 25.02.050

BURLINGAME CODE

§ 25.02.080

The enactment of this Zoning Code shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this title.

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

The provisions of this Zoning Code shall apply to all buildings, improvements, lots, and premises, owned, leased, operated, or controlled by the City or any department thereof, or by any other municipal or quasi-municipal or public corporation or governmental agency. The uses of all buildings and property engaged in the performance of a public function may be permitted in any zone or zoning district described in this Zoning Code, provided such use is, in the opinion of the Council, after determination and recommendation by the Planning Commission, not obnoxious or detrimental to the welfare of the community. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Zoning Code and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards) shall constitute a public nuisance. Nothing herein shall prevent the City from taking lawful action as is necessary to prevent or remedy any violation consistence with Chapter 1.16 (Abatement of Nuisances) of the Municipal Code.

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

If any portion of this Zoning Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions of this title. The Council hereby declares that this Zoning Code and each chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this Zoning Code may be declared invalid, unconstitutional, or unenforceable. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

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City of Burlingame, CA