Chapter 25.100 — PUBLIC HEARINGS AND NOTICE

This chapter provides procedures for public hearings required by this title. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter.

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

When this title requires a noticed public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing in compliance with California Government Code Sections65090, 65091, 65094 and 66451.3, and California Public Resources Code Section 21000 et seq., and as required by this chapter.

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

  1. Hearing Information. The date, time, and place of the hearing and the name of the Review Authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); and the phone number, street address, and email address of the Department where an interested person could call or visit to obtain additional information.

  2. Project Information. A general explanation of the matter to be considered and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

  3. Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the Review Authority will also consider approval of the proposed Negative Declaration or Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable.

• B. 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 Sections65090, 65091, and 65854.

  1. Mailing. Notice shall be mailed or delivered to the following at least 10 days before the scheduled hearing, or for other noticing requirements:

     • a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant.

     • b. Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.

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City of Burlingame, CA

ZONING

§ 25.100.020

§ 25.100.030

• c. Affected Owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius as defined below of the exterior boundaries of the parcel that is the subject of the hearing or noticing requirement pursuant to Article 6 (Permit Processing Procedures).

  • i. 500-Foot Radius Required.

    • (A) All legislative actions pursuant to Table 6-1 (Review Authority);

• (B) Any commercial, industrial, or institutional development exceeding 10,000 square feet of construction, whether new construction or addition to existing development;

     - (C) Any attached residential development consisting of five or more units; and 
  
     - (D) Any combination of Subsection B.1.c.i(B) and (C) above. 
  
  - ii. 300-Foot Radius Required. All planning permits and approvals and all administrative and ministerial actions pursuant to Table 6-1, except for those specified in subsections B.1.c.i and iii, and any permits pursuant to subsection B.1.c.iii that are called for review or appealed to the Commission. 
  
  - iii. 100-Foot Radius Required. 
  
     - (A) Administrative Use Permits; 
  
     - (B) Design Review—Minor; 
  
     - (C) Minor Modifications—two or fewer; 
  
     - (D) Hillside Area Construction Permits; 
  
     - (E) Master Sign Programs; 
  
     - (F) Minor Use Permits. 
  
  - iv. No Radius Notification Required. Appeals of interpretations of the Zoning Code, home occupation permits, reasonable accommodation approvals, sign permits, and temporary use permits do not require noticing of affected owners. 
  

  • d. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee for the notice.

  • e. Other Person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project.

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

After the completion of any environmental document required by CEQA and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Director, Commission, or Council, as applicable) reserved for public hearings, but no sooner

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City of Burlingame, CA

BURLINGAME CODE

§ 25.100.030

§ 25.100.070

than any minimum time period established by State law. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

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

• B. 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.

• C. 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.

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

After a public hearing on a proposed Specific Plan or amendment, or an amendment to this Zoning Code, the General Plan, or the Zoning Map, the recommendation and findings of the Commission and the minutes of the Commission meeting shall be forwarded to the Council. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. Decision.

  1. The Review Authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing or defer action and continue the matter to a later meeting agenda in compliance with Section 25.100.040 (Hearing Procedure), above.

  2. The decision of the Council on any matter shall be final and conclusive.

• B. Notice of Decision.

  1. Provision of Notice. Following the final decision on an application for a permit or other approval required by this title, the City shall provide notice of its final action to the applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

  2. Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal.

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

Final action by the applicable Review Authority shall be effective in compliance with the provisions of Section 25.88.020 (Effective Dates of Permits), if no additional appeals are filed in compliance with Chapter 25.98 (Appeals).

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City of Burlingame, CA

ZONING

§ 25.100.070

§ 25.100.070

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

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City of Burlingame, CA