notice of special meeting tuesday, may 12, 2020 6:15 p.m

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CITY OF BELMONT CITY COUNCIL AND BELMONT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS www.belmont.gov NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m. City Hall One Twin Pines Lane, Belmont, California AGENDA Some or all councilmembers may participate in this meeting by teleconference as authorized by Executive Order N-29-20. The public may view the meeting live at https://zoom.us/j/95745673035, at www.belmont.gov, or on Comcast Channel 27. The public may also attend the meeting in the City Council Chambers and address the council from the chambers. Social distancing must be practiced and seating will be limited. Members of the public watching remotely may participate in the "Public Comment On Items Not on the Agenda" portion of the meeting by sending an email to [email protected] before the meeting has ended and may address the council regarding other agenda items by sending an email to [email protected] before the council considers the item. Please indicate the agenda item topic or agenda item number you wish to comment on in your email. This Special Meeting is called to consider the items of business listed below. 1. ITEMS OF BUSINESS A. STUDY SESSION The public will have an opportunity to address the City Council concerning this item. (1) State Legislative Advocacy for the City Receive update and provide feedback on the City's Legislative Platform. No action is required by the Council Attachment(s): Staff Report The Renne Group PowerPoint Presentation Redlined DRAFT revisions and comments to 2017 Legislative Platform 2. ADJOURNMENT

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Page 1: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

CITY OF BELMONT

CITY COUNCIL AND

BELMONT FIRE PROTECTION DISTRICT

BOARD OF DIRECTORS

www.belmont.gov

NOTICE OF SPECIAL MEETING

Tuesday, May 12, 2020

6:15 p.m. City Hall

One Twin Pines Lane, Belmont, California

AGENDA

Some or all councilmembers may participate in this meeting by teleconference as authorized

by Executive Order N-29-20. The public may view the meeting live at

https://zoom.us/j/95745673035, at www.belmont.gov, or on Comcast Channel 27. The public

may also attend the meeting in the City Council Chambers and address the council from the

chambers. Social distancing must be practiced and seating will be limited. Members of the

public watching remotely may participate in the "Public Comment On Items Not on the

Agenda" portion of the meeting by sending an email to [email protected] before the meeting

has ended and may address the council regarding other agenda items by sending an email

to [email protected] before the council considers the item. Please indicate the agenda item

topic or agenda item number you wish to comment on in your email.

This Special Meeting is called to consider the items of business listed below.

1. ITEMS OF BUSINESS

A. STUDY SESSION The public will have an opportunity to address the City Council concerning this item.

(1) State Legislative Advocacy for the City

Receive update and provide feedback on the City's Legislative Platform. No action is

required by the Council

Attachment(s):

Staff Report

The Renne Group PowerPoint Presentation

Redlined DRAFT revisions and comments to 2017 Legislative Platform

2. ADJOURNMENT

Page 2: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

COMBINED AGENCY MEETING

May 12, 2020

Page 2

If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. The speech

and hearing-impaired may call (650)637-2999 for TDD services. Notification in advance of the meeting will enable the

City to make reasonable arrangements to ensure accessibility to this meeting.

Meeting information can also be accessed via the internet at: www.belmont.gov. All staff reports will be posted to the

web in advance of the meeting, and any writings or documents provided to a majority of the City Council/District Board

regarding any item on this agenda will be made available for public inspection in the City Clerk's Office, One Twin

Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting.

Page 3: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 5

State Legislative Advocacy

Agency: City of Belmont

Staff Contact: Afshin Oskoui, City Manager, (650) 595-7410, [email protected]

Agenda Title: State Legislative Advocacy for the City

Agenda Action: Information Purposes Only – Discussion and Direction

Recommendation

Receive update and provide feedback to update the City’s Legislative Platform. No action is required by

the Council.

Background

In recent years, the City has not had an active legislative program and the City Council has commented

on pending legislation relatively infrequently. The City’s Legislative Platform was amended by the

Council on March 28, 2014 and reaffirmed on May 9, 2017. However, given the significant increase in

State legislation that directly affects cities, the City Council expressed interest in receiving more regular

updates on pending legislation and engaging on pending legislation that impacts the City.

On March 24th, City Council approved Resolution 2020-022 authorizing a contract with Renne Public

Policy Group to provide State Legislative Advocacy and Consulting Services. The Renne Group was

engaged to provide guidance and advocacy services when appropriate on state legislation regarding

housing initiatives, infrastructure, regional transportation improvements, environmental sustainability,

community services, public safety and emergency management and other policies that may affect the

City’s operations or finances

Analysis

The objective in pursuing a legislative program for the City is to keep the City Council, staff and residents

abreast of proposed legislation that may have the potential to impact the City. The City’s Legislative

Platform contains broad policy statements pertaining to a variety of issues important to us. Additionally,

it provides a policy framework for the City to respond to issues in a timely manner, including

correspondence from the Mayor or City Manager to the Legislature and/or Congress. The City’s primary

legislative focus includes protecting local government control, improving public safety, maintaining local

government revenues, obtaining funding for environmental sustainability, transportation, recreational,

technology and infrastructure improvements, see Attachment B.

By implementing and maintaining an active legislative advocacy program, the City can ensure that the

City Council and staff would be fully apprised of evolving state initiatives that may affect the City’s key

priorities, programs, or operations. In addition, having a legislative advocate with a physical presence in

Sacramento is important for tracking legislation that might impact the City, and will help in building

relationships with key elected officials and their offices.

Meeting Date: May 12, 2020

STAFF REPORT

Page 4: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 5

State Legislative Advocacy

Description of Services Provided –

The Renne Public Policy Group (RPPG) is a full-service state legislative advocacy and consulting firm

specializing in representing local government entities. RPPG prides itself on working closely with public

agency clients to form meaningful partnerships—by providing them with a voice in Sacramento on the

issues that matter most to them. Services provided to the City includes:

• Direct state legislative, regulatory and administrative advocacy and consulting

• Grant funding strategy and advocacy

• Political consulting

• Legislative tracking and analysis

• Coalition building

• Communications and media consulting

• Federal policy monitoring and information sharing

• Other duties as requested

Review of Current Legislative Platform –

RPPG conducted a review and initial assessment of the 2017 Belmont Legislative Platform. All told the

platform is quite detailed and certainly provides direction for city staff and RPPG to engage on a variety

of policy issues. As detailed in Attachment B, RPPG made some suggested modifications that reflect the

City’s pending 2020 strategic plan as well as made notes outlining the shifts that have occurred in

Sacramento political landscape. These suggested changes serve as a starting point for council to discuss

and provide direction for city staff and RPPG. After receiving feedback from Council, RPPG plans to

work with staff to make additional modifications for the Council’s consideration for adoption. The

legislative platform is designed to be an evolving document. As part of a multi-layered approach, it is

intended that this document be updated at least once annually, preferably in advance of each new

legislative session. This annual review and update will ensure that RPPG and city staff is continuing to

engage on polices that matter most to Belmont.

Connection to Strategic Focus Areas –

As detailed in Attachment B some suggested modifications were made to incorporate the strategic focus

areas listed in the City of Belmont 2020 Strategic Plan. Modifications incorporate changes to reflect:

• Fiscal organization and stability

• Infrastructure and mobility

• Economic development and housing

• Public safety

How has COVID-19 Impacted the 2020 State Legislative Session –

The COVID-19 pandemic has created truly unparalleled times for the California Legislature. Lawmakers

are eager to get back to work after adjourning abruptly on March 13. The Legislature enacted Assembly

Concurrent Resolution (ACR) 189 which permitted the adjournment, however, with regards to a date

certain to return the language is ambiguous at best:

• Either house may recall itself from the joint recess

• The Legislature may recall itself from the joint recess by joint proclamation of the President pro

Page 5: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 3 of 5

State Legislative Advocacy

Tempore of the Senate and the Speaker of the Assembly.

• The Legislature may extend the joint recess by joint proclamation of the President pro Tempore of

the Senate and the Speaker of the Assembly.

• If the Governor or the Governor’s designee declares that continued home isolation is, or similar

preventative measures are, necessary to address the current state of emergency, the joint recess

shall be extended until the Legislature recalls itself from the joint recess.

As of May 4, 2020, the State Assembly has resumed their legislative session with the Senate due to return

May 11th. However, should the State experience a surge in COVID-19 cases both houses have reserved

the right to readjourn for an indeterminant amount of time.

Lawmakers and state capitol staff are trying to find creative ways to conduct the people’s business while

adhering to social distancing guidelines and public health official directives. Initial information suggests

that instead of utilizing the dozens of committee rooms housed within the halls of the State Capitol,

hearings are only taking place in the two largest committee rooms as well as each houses chamber. To

adhere to social distancing guidelines, Capitol sergeants will only permit the first 21 lobbyists that arrive

to attend each hearing—with testimony on legislation likely taking place in a remote room. Upon entering

the Capitol building, each person will have to answer a series of questions and have their temperature

taken. It is still unclear as to the ability for the public at large to provide testimony on legislation remotely.

However, both houses continue to explore options on the feasibility for such a process.

While to date, nothing official has been released by either the Assembly or Senate, legislative committee

chairs and their consultants have been working with legislative staff to assess which measures will be

heard—ensuring that only top priority legislation be taken up this year in order to streamline the legislative

process. Criteria that most legislative policy committees are using to assess the need for a measure this

year include:

• Does the measure address an urgent need related to the COVID-19 crisis?

• If not, COVID-19 related, does the bill address an urgent issue that must be resolved in 2020 (e.g.

an expiring pilot program, legislation required to compete for federal funding, etc.)?

As a result, dozens of legislative measures that directly impact local government operations have already

been pulled back and will not be moving this year.

With regards to process, the Legislature has many options at their disposal to modify the traditional

legislative calendar to ensure measures can move this year. Options could include:

• Extending the May 1 deadline for policy committees to meet and report non-fiscal bills to the floor

by waiving joint rule (J.R. 61(b)(6))

• Extending the May 8 deadline for policy committees to meet prior to June by waiving joint rule

(J.R. 61(b)(7)).

• Extending the May 15 deadline for fiscal committees to hear and report fiscal bills introduced in

their house to their Floor (J.R. 61(b)(9)).

• Extending the May 29 house of origin deadline (J.R. 61(b)(11)).

Page 6: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 4 of 5

State Legislative Advocacy

California State Budget Process and Timing –

This year, due to the COVID-19 crisis, the budget process in both the Senate and the Assembly is going

to be very different than in any other previous year. In accordance with Article IV, Sec. 12 (C) of the

California Constitution the Legislature must pass a budget by June 15. Although the Governor's January

Budget proposal was very robust and ambitious, the Governor has stated that his May Revise will look

completely different and will be shifting priorities to address the COVID-19 outbreak. The May revise

will take place on Thursday May 14. RPPG will provide a detailed summary to the City as soon as

possible.

In the Senate and Assembly, the Budget Chairs have asked their members to refocus their priorities and

budget requests. Assembly Member. Phil Ting (D, Daly City), Chair of the Assembly Budget Committee,

released a memo to provide an update on what the budget process may look like going forward:

• June 15 Baseline Budget: The Legislature plans to adopt a "workload" or "baseline" budget that

reflects 2019-20, or current, service levels by June 15th. There will not be a subcommittee process

since no new items will be heard, except for COVID-19, homelessness and wildfire prevention

items. Given the state's fiscal condition, the Assembly may even need to revisit reductions to

existing state programs.

• August Revision: There will be a second round of budget deliberations to allow for consideration

of new issues, especially those related to recovery from COVID-19.

Since the State’s budget relies so heavily on income taxes (deadline has been pushed back to July 15th)

and sales tax (which has also taken a drastic hit), we simply will not know how much money we have to

spend in time to pass a more robust budget by June 15th. The state should have a clearer picture of

available funds in August, shortly after the July 15th tax deadline.

Work Plan –

RPPG continues to engage the San Mateo County legislative delegation, the Office of the Governor as

well as Senate and Assembly leadership to ensure the City of Belmont is apprised of all relevant actions

taking place that may have a material impact on the City. Since the Governor declared the State of

Emergency March 12, RPPG has provided 40+ individual updates to City staff on information including

but limited to:

• Daily updates from Governor Newsom on the States COVID-19 response

• San Mateo County eviction protection ordinance

• Executive Orders and impacts to local government operations

• Modified Stay at Home orders

• Potential avenues for state and federal funding

• Legislative process, timing and updates

• CalPERS employer webinar recap and materials

• CARES Act updates

• HCD consolidated plan webinar

• Project Roomkey updates

• Western States Pact

Page 7: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 5 of 5

State Legislative Advocacy

As the situation develops during these unparalleled times, RPPG will continue to keep the City updated

on all actions and movements important to Belmont, such as the VLF shortfall. Throughout this legislative

session RPPG will continue to work on the following deliverable including:

• Update and development of the City’s legislative platform and advocacy materials

• Monitoring and tracking key legislation regarding the City’s priorities and interests

• Representation at legislative committee meetings on matters of interest to the City

• State Administration outreach

• Assistance with the identification of relevant grant opportunities and development of strategies for

securing them

• Monitoring and reporting on pending legislation that may affect the City

• Other duties as directed

Alternatives

1. Provide direction and postpone for future discussion.

Attachments

A. The Renne Group PowerPoint Presentation

B. Redlined DRAFT revisions and comments to 2017 Legislative Platform

Fiscal Impact

No Impact/Not Applicable

Funding Source Confirmed:

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda

Staff Council Vision/Priority Other*

Citizen Initiated Discretionary Action

Other* Plan Implementation*

Page 8: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

City of Belmont

Study Session State Legislative Consulting Services

Dane Hutchings, Director of Government Affairs, Renne Public Policy Group

May 12, 2020

5/6/2020Renne Public Policy Group │ www.publicpolicygroup.com

Page 9: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Agenda

Renne Public Policy Group │ www.publicpolicygroup.com

• About RPPG

• Belmont’s RPPG Team

• RPPG Services for the City of Belmont

• Initial Review of Current Legislative Platform

• Current State Legislative Environment and Outlook

• 2020 Workplan

• Discussion

Page 10: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

About RPPG

Renne Public Policy Group │ www.publicpolicygroup.com

• RPPG is a division of Renne Public Law Group, founded by former (elected) San Francisco City Attorney, Louise Renne, who serves as RPLG Chairwoman.

• October 2019: Recognized by the Daily Journal as a “Top 20” Boutique firm in 2019—the only firm listed who specializes in representing local public agencies.

• RPPG is supported by a group of Policy & Strategic Advisors made up of senior attorneys, former elected and high-ranking municipal staff—providing clients with political, operational and policy expertise including state and federal grant funding strategy and advocacy.

• Demonstrated ability to build broad-based coalitions to advance the interests of our clients.

• Strong ties to the San Mateo, San Francisco Legislative Delegations and Newsom Administration

Page 11: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Belmont’s RPPG Team

Renne Public Policy Group │ www.publicpolicygroup.com

Page 12: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Belmont’s RPPG Team Leader

Renne Public Policy Group │ www.publicpolicygroup.com

• Head of RPPG’s practice area

• 10+ years of State legislative advocacy and consulting experience

• Former League of California Cities Legislative Representative and Federal Policy Liaison

• Communications and public affairs professional specializing in earned media—bringing an inside/outside advocacy approach.

Dane Hutchings, RPPG Director Government Affairs

Page 13: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

RPPG Services for the City of Belmont

Renne Public Policy Group │ www.publicpolicygroup.com

• Direct state legislative, regulatory and administrative advocacy and consulting

• Grant funding strategy and advocacy

• Political consulting

• Relationship building

• Legislative tracking and analysis

• Coalition building

• Communications and media consulting

• Federal policy monitoring and information sharing

• Other duties as requested

Page 14: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Initial Review of Current Legislative Platform

Renne Public Policy Group │ www.publicpolicygroup.com

Primary Purpose of a Legislative Platform:

• Provide guidance to staff and team to track and engage on state polices—including “real time” engagement

• Living document meant to be updated to reflect changing priorities.

• Solid foundation already established in 2017 platform (minor edits needed)

Modifications may be warranted to:

• Incorporate strategic focus areas

• To reflect a more collaborative spirit with State and Federal Government

Page 15: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Initial Review of Current Legislative Platform: Next Steps

Renne Public Policy Group │ www.publicpolicygroup.com

Feedback and direction from

Council

Work with City Staff to incorporate

Council feedback and direction

Present new draft for council review

and potential action

Page 16: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Current State Legislative Environment and Outlook

Renne Public Policy Group │ www.publicpolicygroup.com

Unparalleled Times for the State Legislature

• Many pieces of legislation being shelved due to

truncated session

• Committee hearings being modified to adhere to social

distancing guidelines.

• State braces for major revenue shortfall

• Direct advocacy difficult… but not impossible

• Major polices moving forward in 2020:

• COVID Funding and Response

• Housing/ Homelessness

• Workforce Protection/ Public Health

• Economic Development for CA Businesses

Page 17: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Current State Legislative Environment and Outlook cont.

Renne Public Policy Group │ www.publicpolicygroup.com

Critical Dates to Know

• May 4: Assembly returns

• May 11: Senate returns

• May 14: Governor Newsom’s May Revise

• June 15: FY 20/21 Budget must be adopted

• August 31: Last day for all measures to be passed

• September 30: Last day for Governor to sign/ veto

legislation

Page 18: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

City of Belmont 2020 Workplan

Renne Public Policy Group │ www.publicpolicygroup.com

RPPG will continue to work with the San Mateo County legislative delegation, to keep Belmont apprised and engaged on all areas of importance, including such matters as the VLF shortfall.

Ongoing Deliverables Include:

• Updated legislative platform (May- September)

• Monitoring and tracking relevant legislation (May-August)

• Representation at legislative and administrative committee hearings (May-August)

• State Administration outreach (May-August)

• Provide timely updates and monthly legislative bill reports (Monthly)

• Review potential grant funding opportunities (Mid May- July)

• Work with staff to prepare for 2021 legislative session, assessment of policy goals

and develop sponsored bill ideas. (September-December)

Page 19: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Renne Public Policy Group │ www.publicpolicygroup.com

Discussion

Thank You!

Page 20: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Belmont Draft Legislative Platform redline 2020v1

City of Belmont

STATE AND FEDERAL LEGISLATIVE PLATFORM

Platform Overview

The Legislative Platform contains broad policy statements pertaining to a variety of issues that

impact the City of Belmont—reflecting the mission, vision and values of the City to enrich the

quality of life for our community with services that provide for a safe, fulfilling and vibrant life.

The Legislative Platform provides a policy framework for the City to respond to state and federal

legislative issues important to the City in a timely manner., Outlining policy guidelines will also

serve to provide direction to City staff and legislative consultants to engage on state legislation

on behalf of the City in real time—inincluding correspondence from the Mayor or City Manager

to the Legislature and/or Congress.

The City’s primary legislative focus includeincludes: protecting local government control,

improving public safety maintaining local government revenue, obtaining funding for

environmental sustainability, transportation, recreational, technology and infrastructure

improvements. Furthermore, our focus remains committed to finding ways to work

collaboratively with federal, state and local partners to further our City’s ability to achieve its

strategic goals.

Legislative Issues

Local Control

The City values its ability and authority to exercise local control and to protect and enhance the

quality of life for Belmont’s residents. Support Legislation that enhances local control of

resources and that allows cities to address the needs of local constituents within a framework of

regional cooperation. Encourage the use of federal and state incentives for local government

action rather than mandates (funded or unfunded).

Oppose preemption of local authority whether by state or federal legislation or ballot

propositions. Support efforts to streamline regulations that simplify the job of running a city and

oppose efforts that erode the city’s authority to control its own affairs.

Fiscal and Administrative Initiatives

Support fiscal sustainability and ‘best in class’ administrative initiatives to ensure the delivery of

superlative city services. Monitor initiatives which seek changes in fiscal relationships at the

local, state and federal level, and support legislation that guarantees ongoing revenue sources for

local government.

Support opportunities that allow the City to compete for its fair share of regional, state and

federal funding, and that maintain funding streams. Opportunities may include competitive grant

and funding programs. Pursue funding opportunities for public facilities and services including

Page 21: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Belmont Draft Legislative Platform redline 2020v1

capital improvement projects, public works projects, homeland security, library, parks and social

service facilities.

Support legislative, administrative and/ or funding mechanisms that enable the City to better

provide core services and respond to the needs of its residents. Options may include regional

service delivery, flexibility around seasonal workforce, project specific workforce or other

innovate tools to adapt to changing fiscal conditions and resident’s needs.

Housing and Land Use

Support incentive-based housing legislation to encourage expanding affordable housing supply

including development of fiscal tools and incentives to assist local governments in their efforts to

encourage housing, finance the infrastructure to support housing, establish an ongoing state

commitment to funding affordable housing, and fund and support affordable housing programs,

including supportive housing programs and necessary infrastructure.

Support funding programs that promote the development and enhancement of safe, affordable,

and accessible housing within the City for all economic segments of the population, including

workforce housing.

Support reforms and improvements to housing element law to provide clear processes and

flexibility to allow regional cooperation and establish realistic housing goals and performance

standards—including modifications in criteria to meet the State’s Regional Housing Needs

Assessment (RHNA) goals. .

Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable

units) to local agencies, private developers and non-profit groups in order to rehabilitate

residential units and commercial properties.

Oppose state mandated attempts to usurp local discretion over matters relating to local housing

and land use policies.

Advocate for recognition and use of inclusionary housing requirements as a condition of

development and other tools in an effort to incorporate affordable housing into market rate

development.

Transportation

Support state and federal legislation that enhances the safety of the City’s streets for automobile,

bicycle and pedestrian traffic, including issues related to speed enforcement, traffic congestion

reduction programs and regional transportation improvements.

Support protection of dedicated transportation-related tax revenues and enhance the ability of

local agencies to finance local transportation programs and facilities (e.g. Gas Tax, State bond

funds).

Page 22: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Belmont Draft Legislative Platform redline 2020v1

Support efforts to maximize the State’s purchasing power to lower materials costs for local

streets and road repair.

Support federal and state funding and policy goals to enhance multi-modal transportation efforts.

Environmental Sustainability

Support cost-effective, sustainable and responsible environmental policy programs in the areas of

energy efficiency, greenhouse gases, climate change, wastewater, solid waste removal and

stormwater, among others. Support measures that expand markets for recyclable materials and

maintain local authority and flexibility to regulate solid waste and recyclables.

Oppose waste and resource recovery measures imposing state-mandated costs when there is no

guarantee of local cost recovery or offsetting benefit.

Community Services

Support funding for ADA facility and park upgrades. Promote legislation that provides for

increased services to or funding for youth and at-risk populations such as the frail elderly,

homeless, disabled and other challenged populations.

Infrastructure Maintenance and Rehabilitation

Support legislation and policies that promote investing in the maintenance and rehabilitation of

aging infrastructure (streets, stormwater, wastewater, parks and facilities). Support the lowering

of the threshold for voter-approved capital financing and opportunities for innovative public

financing.

Utilities

Support efforts that maintain the ability to retain existing fees on telecommunications services

and for public, educational and governmental channels. Oppose efforts to restrict the authority of

cities to zone and plan for the deployment of telecommunications infrastructure. Support the

ability of cities to maintain and manage the public right-of-way and receive compensation for its

use.

Support California PUC efforts to require enhanced, more effective and timely notification for

planned and unplanned repairs resulting in power outages to customers. Monitor California PUC

regulatory system for impacts to overall safety, health, and quality of life of the residents of

Belmont.

Public Safety

Support legislative efforts to improve local law enforcement, fire suppression and prevention,

hazardous materials mitigation, rescue, emergency medical services, and disaster preparedness.

Including legislation and grant funding opportunities for innovate fire suppression technology.

Page 23: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Belmont Draft Legislative Platform redline 2020v1

Support forward thinking legislative, administrative and funding polices that promote civic

engagement, community partnerships and public education.

Support legislative efforts to grant state and federal funding to supplement local law enforcement

to increase staffing, equipment and capital improvements to maintain public safety.

Page 24: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

CITY OF BELMONT

CITY COUNCIL AND

BELMONT FIRE PROTECTION DISTRICT

BOARD OF DIRECTORS

www.belmont.gov

REGULAR MEETING AGENDA

Tuesday, May 12, 2020

7:00 p.m. City Council Chambers

City Hall, One Twin Pines Lane, Belmont, California

Some or all councilmembers may participate in this meeting by teleconference as authorized

by Executive Order N-29-20. The public may view the meeting live at

https://zoom.us/j/95745673035, at www.belmont.gov, or on Comcast Channel 27. The public

may also attend the meeting in the City Council Chambers and address the council from the

chambers. Social distancing must be practiced and seating will be limited. Members of the

public watching remotely may participate in the "Public Comment On Items Not on the

Agenda" portion of the meeting by sending an email to [email protected] before the meeting

has ended and may address the council regarding other agenda items by sending an email

to [email protected] before the council considers the item. Please indicate the agenda item

topic or agenda item number you wish to comment on in your email.

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT FROM CLOSED SESSION (None)

4. SPECIAL PRESENTATIONS

A. Presentation from Gatepath "Turning Disabilities Into Possibilities"

5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA This portion of the meeting is reserved for persons wishing to address the Council on any City matter not on the

agenda. The period for public comment at this point in the agenda is limited to 15 minutes, with a maximum of

3 minutes per speaker. Speakers who requested but did not receive an opportunity to speak during this comment

period will be given an opportunity to address the Council later in the meeting. State law prohibits the Council

from acting on non-agenda items.

6. COUNCILMEMBER ANNOUNCEMENTS

Page 25: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

COMBINED AGENCY MEETING

May 12, 2020

Page 2

7. CONSENT CALENDAR Consent Calendar items are considered to be routine in nature and will be enacted by one motion. There will be

no separate discussion on these items unless a Councilmember or staff request specific items to be removed for

separate action. The City Attorney will read the title of ordinances to be adopted.

A. Approval of Minutes

Recommendation: Approve minutes as presented

Attachment(s):

Minutes of Special and Regular Meeting of April 28, 2020

Minutes of Belmont Fire Protection District Meeting of April 28, 2020

B. Agreement for Insurance Brokerage Services

Recommendation: Adopt a resolution authorizing the City Manager to execute a new

agreement for insurance brokerage services with Alliant Insurance Services, Inc. in

the amount of $81,402 for FY 2021, $83,642 for FY 2022, and $85,733 for FY 2023,

with triennial renewals thereafter

Attachment(s):

Staff Report

Resolution

Alliant Insurance Services Proposal

C. Monthly Financial Reports

Recommendation: Motion to Receive Monthly Financial Reports

Attachment(s):

Monthly Financial Reports - March

D. Affirming Belmont's Commitment to Safeguard The Civil Rights, Safety and

Dignity of All Community Members

Recommendation: Adopt a Resolution affirming Belmont's commitment to values of

equity, fairness, and justice, and denouncing stigmatization, racism, and xenophobia

in responding to COVID-19

Attachment(s):

Staff Report

Draft Resolution

E. 2020 Street Reconstruction Project, CCN 2020-588 (Measure I Project)

Recommendation: Adopt a resolution approving plans and specifications, authorizing

advertisement for sealed bids, authorizing the City Manager to execute a contract

with the lowest responsible bidder for an amount not to exceed $2,125,000 plus ten

percent construction contingency for the Measure I 2020 Street Reconstruction

Project, CCN 2020-588

Attachment(s):

Staff Report

Resolution

Page 26: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

COMBINED AGENCY MEETING

May 12, 2020

Page 3

F. Parking Restrictions for Caltrain shuttles on northbound El Camino Real

Recommendation: Adopt a resolution approving a temporary 180-feet of no parking

restrictions along northbound El Camino Real between Hill Street and Middle Road

during the Hillsdale Caltrain Station closure

Attachment(s):

Staff Report

Resolution

8. PUBLIC HEARINGS (None)

9. OTHER BUSINESS

A. Resolution Allocating up to $100,000 of City Council Contingency Funds to the

San Mateo County Strong COVID-19 Recovery Fund to Provide Emergency

Financial Assistance to Belmont Small Businesses

Recommendation: Adopt a resolution authorizing a contribution of up to $100,000 of

City Council FY contingency funds to the San Mateo County Strong Fund to provide

direct financial assistance to Belmont small businesses

Attachment(s):

Staff Report

Resolution

Small Business Resource Matrix

B. Preliminary COVID-19 Fiscal Impact

Recommendation: Receive preliminary COVID-19 fiscal impact informational

update report

Attachment(s):

Staff Report

C. Verbal Update on COVID-19

Recommendation: Receive update on operations and other City efforts related to

COVID-19

D. Amendments to Sections 2 (Definitions), 4 (Residential), 5A (Corridor Mixed

Use), and 13 (Design Review) of the Belmont Zoning Ordinance (Ord. No. 360),

related to objective design standards, and the development review process for

housing and mixed-use development projects; CEQA: Statutory Exemption,

Section 15061(b)(3)

Recommendation: Read the title, waive further reading, and introduce ordinance.

Attachment(s):

Staff Report

Ordinance

Section 4-Residential

Section 5-Corridor Mixed Use District

Section 13-Design Review Redline

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COMBINED AGENCY MEETING

May 12, 2020

Page 4

Summary of Housing Law SB330

General Plan Consistency Analysis

10. COMMISSION, COMMITTEE, AND COUNCIL INTERGOVERNMENTAL

ASSIGNMENT UPDATES, AND STAFF ITEMS

A. Verbal report from Councilmembers on Intergovernmental (IGR) and

Subcommittee Assignments

B. Verbal report from City Manager

11. MATTERS OF COUNCIL INTEREST/CLARIFICATION (None) Items in this category are for discussion and direction to staff only. However, Council/Board may take final

action on an item if there is no need for additional staff analysis.

12. ADJOURNMENT

If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. The speech

and hearing-impaired may call (650) 637-2999 for TDD services. Notification in advance of the meeting will enable the

City to make reasonable arrangements to ensure accessibility to this meeting.

Meeting information can also be accessed via the internet at: www.belmont.gov. All staff reports will be posted to the

web in advance of the meeting, and any writings or documents provided to a majority of the City Council/District Board

regarding any item on this agenda will be made available for public inspection in the City Clerk's Office, One Twin

Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting.

Regular meetings televised on Comcast Channel 27, and web streamed via City’s website at www.belmont.gov

Page 28: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

COMBINED AGENCY MEETING

April 28, 2020

Page 1

Minutes of Special and Regular Meeting of April 28, 2020

One Twin Pines Lane, Belmont, CA 94002

SPECIAL MEETING

CALL TO ORDER 6:30 P.M.

ITEMS OF BUSINESS

A. CLOSED SESSION

Conference With Labor Negotiators (Govt Code Section 54957.6)

Agency designated representatives: Afshin Oskoui

Employee organization: BPOA

Attended by: Councilmembers McCune, Stone, Hurt, Mates, Lieberman

ADJOURNMENT at this time, being 7:05 P.M.

Terri Cook

City Clerk

REGULAR MEETING

CALL TO ORDER 7:15 P.M.

ROLL CALL

COUNCILMEMBERS PRESENT: McCune, Stone, Hurt, Mates, Lieberman (Councilmembers

McCune, Stone, Hurt and Mates were present via Zoom teleconference)

COUNCILMEMBERS ABSENT: None

PLEDGE OF ALLEGIANCE

Led by Mayor Lieberman

REPORT FROM CLOSED SESSION

City Attorney Rennie stated there were no reportable actions from the closed session held earlier.

SPECIAL PRESENTATIONS

Presentation from SAMCEDA Regarding Regional Recovery Efforts Related to COVID-19

Rosanne Foust, SAMCEDA, stated that SAMCEDA allocated $3 million to the SMC Strong Fund.

She reviewed the distribution plan for initial Measure K funds and outlined the regional efforts of

the Silicon Valley Community Foundation and the San Mateo County Strong (SMC) Fund. She

pointed out that some cities are participating in self-implemented grant and loan programs. She

explained that the small business grant portal is now closed since it received overwhelming

responses. She reviewed the process for applications and awards and explained the allocation of

funds if cities pledge specific funds.

Discussion ensued regarding individual allocations and qualifications per individual cities and

exceptions that could be implemented.

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COMBINED AGENCY MEETING

April 28, 2020

Page 2

RECESS: 7:40 P.M.

RECONVENE: 7:45 P.M.

COUNCILMEMBER ANNOUNCEMENTS

Councilmember Hurt announced the upcoming Samaritan House fundraising event.

Councilmember Stone thanked City staff and first responders. He recognized the Parks and

Recreation staff members who worked over the weekend to assist at Waterdog Lake. He also noted

that a Carlmont High School student has started a new service to help seniors with their shopping

needs.

Mayor Lieberman thanked the Parks and Recreation Department for keeping trail system open. He

noted the availability of fresh fruits and vegetables in the Bay Area.

AMENDMENT TO CONSENT CALENDAR

City Manager Oskoui stated that the recommendation language for Item 7B (task order with

Pavement Engineers for the design of the 2020 Pavement Project for an amount not to exceed

$274,455 and a 10% contingency) was incorrect. City Attorney Rennie stated that the item would

need to be tabled since the agenda language was incorrect.

COMMENTS REGARDING CONSENT CALENDAR

Councilmember Stone noted that the item that was removed from consideration (Item B) as well

as the Notice of Completion for CCN 2018-570 and the 2022 Pavement Project items are all related

to Measure I. He thanked the voters for approving Measure I and pointed out that road repairs are

being done on those streets with the lowest PCI (Pavement Condition Index).

ITEMS APPROVED ON CONSENT CALENDAR

Minutes of Regular Meeting of April 14, 2020

Resolution 2020-031 approving a Permanent Encroachment Agreement to allow privately

maintained retaining wall within the public right-of-way at 2710 Ralston Avenue (Fellowship

Bible Church) (APN 043-115-160)

Resolution 2020-032 authorizing the City Manager to execute all necessary documents to create

an Amazon Business account, through its partnership with OMNIA Partners (formerly U.S.

Communities), as a government purchasing alliance for small item purchases

Resolution 2020-033 amending the Council Protocols pertaining to meeting decorum and making

non-substantive text changes to other provisions.

Resolution 2020-034 accepting work and authorizing the issuance of a Notice of Completion to

Mellon Engineering, Inc. for the Belmont Storm Drain Improvement Project – Measure I, City

Contract Number 2018-570, for a final construction cost of $452,691.75

Ordinance 2020-1145 amending Belmont City Code Chapter 2, Article VI governing procedural

rules for citizen advisory bodies

Resolution 2020-035 authorizing the City Attorney to procure legal services from Jackson Lewis,

PC

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COMBINED AGENCY MEETING

April 28, 2020

Page 3

Resolution 2020-036 authorizing the City Manager to execute a task order with Pavement

Engineering Inc. for the design of the 2022 Pavement Project for an amount not to exceed $274,455

City Attorney Rennie read the title of the ordinance to be adopted.

ACTION: On a motion by Councilmember Mates, seconded by Councilmember Stone, the

Consent Agenda was unanimously approved, as amended, by roll call vote.

OTHER BUSINESS

Signage & Wayfinding/BVSP Streetscape Design Guidelines/Public Art Master Plan Update

Verbal Update on COVID-19

Community Development Director de Melo described the efforts that have been under way after

adoption of the General Plan (GP) and Belmont Village Specific Plan (BVSP) relative to the

planning of streetscape and wayfarer signage. He provided examples of signage that could be

utilized and reviewed the BVSP streetscape design update. He also provided a Public Art master

plan update.

Councilmember Mates noted that some existing elements have been changed and some are new

elements.

Councilmember Hurt pointed out that the goal is to enhance resident and business experiences in

Belmont.

Community Development Director de Melo provided a potential timeline for implementation.

In response to Councilmember McCune, Community Development Director de Melo confirmed

that colors would be standardized.

Councilmember Lieberman expressed support for incorporating historic elements into the signage

to be used.

Confirm Director of Emergency Services Order COVID19-2 (Use of Face Coverings While

on Open Space Trails)

City Manager Oskoui stated that the proposed resolution ratifies the order that he issued regarding

the requirement for the use of masks in some public spaces. He noted that he deemed it necessary

in the open space trails due to space constraints on trails.

Councilmember Stone noted that some people are resistant to the need for masks on the trails. He

pointed out that some county parks will be opening May 4 and it may be appropriate to use face

coverings by runners and bicyclists. He stated that having more parks open will hopefully result

in less dense usage. He also noted that most people are complying with the mask requirement. He

suggested adding signage in other trail areas.

Councilmember Mates noted that more people used masks before the current requirement was put

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COMBINED AGENCY MEETING

April 28, 2020

Page 4

in place. She stated that people understand the need.

Councilmember Hurt stated that no one should underestimate the power of the virus. She pointed

out that some trails are very narrow.

Councilmember Lieberman stated that there is no need for residents to do enforcing and that the

police department should be informed if there is a violation.

ACTION: On a motion by Councilmember Stone, seconded by Councilmember Mates,

Resolution 2020-037 Confirming Director of Emergency Services Order COVID19-2 (Use of Face

Coverings While On Open Space Trails) was unanimously approved by roll call.

Verbal Update on COVID-19 Operations

City Manager Oskoui stated that the shelter in place order has been extended to May 30. He

clarified that some activities may be relaxed over the next few days and that some County parks

are likely to reopen May 4. He provided operational updates in various departments of the city. He

encouraged businesses to contact the economic development manager to get connected to business

resources. He stated that the City of Belmont will seek reimbursement from FEMA (Federal

Emergency Management Authority) and Cal OES (California Office of Emergency Services). He

clarified that some essential city construction projects are ongoing.

COMMISSION, COMMITTEE, AND COUNCIL INTERGOVERNMENTAL

ASSIGNMENT UPDATES, AND STAFF ITEMS

Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee

Assignments

Councilmembers provided updates on their intergovernmental assignments.

Verbal report from City Manager

City Manager Oskoui acknowledged the Waterdog Run organization for providing bandanas to be

used as masks. He also thanked All Star Cleaners for providing City employees and residents with

masks.

MATTERS OF COUNCIL INTEREST/CLARIFICATION

Consideration of an allocation of up to $100,000 of City Council Contingency Funds to the

San Mateo County Strong COVID-19 Recovery Fund to Provide Assistance to Belmont

Small Businesses (Mayor Lieberman and Councilmember Stone)

Mayor Lieberman requested that the City Council consider an allocation of Council Contingency

funds to SMC Strong.

(via email) Emily Ironi, the Dairy Fairy, described her S Corporation and explained that she was

ineligible for SMC Strong funds since she only has one employee.

(via email) Mary Morrissey Parden and Adele Della Santina, Belmont Chamber of Commerce,

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COMBINED AGENCY MEETING

April 28, 2020

Page 5

expressed support for the allocation of funds and requested consideration of an urgency resolution

at tonight’s meeting.

(via email) Jennifer Wayman, Row House Belmont, noted that since her business has been open

less than a year, it does not qualify for the SMC Strong funds.

Mayor Lieberman stated that the City Council could direct staff to work with SAMCEDA to help

businesses qualify for funds, and it could customize the criteria.

Councilmember Mates expressed support for the allocation of funds and with working on coming

up with exceptions.

In response to Councilmember Hurt, City Manager Oskoui stated that the current balance in the

Council Contingency Fund is approximately $200,000. Councilmember Hurt expressed support

for looking at the eligibility criteria.

Councilmember McCune expressed support for the allocation but is concerned regarding the City

of Belmont’s budget going forward. He noted that cities accumulate reserves for bad times.

Councilmember Stone noted the need to take time to craft a program that is correct.

ACTION: On a motion by Councilmember Mates, seconded by Councilmember McCune, and

unanimously approved by roll call vote to allocate $100,000 from the Council Contingency Funds

to the SMC Strong Fund.

Consider a Resolution affirming Belmont's commitment to values of equity, fairness and

justice in responding to COVID-19 (Mayor Lieberman and Councilmember Mates)

Councilmember Mates spoke regarding the rhetoric that exists at the federal, state and local level

regarding anti-Asian sentiment since the commencement of the COVID-19 situation. She noted

that people are experiencing verbal and physical abuse and intolerance. She pointed out that the

City Council adopted a resolution in 2017 to address equality and tolerance after a change was

made in the federal administration. She stated that the City Council could consider amending the

2017 resolution to include recent issues, or it could consider adopting similar resolutions that have

been adopted in other cities to address COVID-19 specific issues.

Councilmember Hurt expressed support in amending the existing resolution to provide historic

perspective.

ACTION: On a motion by Councilmember Mates, seconded by Councilmember Hurt, and

unanimously approved by roll call vote to amend the 2017 resolution to include language to

address xenophobia issues surrounding COVID-19.

ADJOURNMENT at this time, being 9:20 P.M.

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COMBINED AGENCY MEETING

April 28, 2020

Page 6

Terri Cook

City Clerk Meeting televised and webstreamed

Page 34: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

REGULAR MEETING

BELMONT FIRE PROTECTION DISTRICT

April 28, 2020

Page 1

REGULAR MEETING OF

DIRECTORS OF BELMONT FIRE PROTECTION DISTRICT

Tuesday, April 28, 2020

ONE TWIN PINES LANE

BELMONT, CALIFORNIA

(Note: Regular Fire Protection District Meetings held concurrent with City Council meetings.)

CALL TO ORDER 7:15 P.M.

ROLL CALL

BOARDMEMBERS PRESENT: Mates, Lieberman, McCune, Stone Hurt (Directors Mates,

McCune, Stone and Hurt participated via Zoom teleconference)

BOARDMEMBERS ABSENT: None

ITEM APPROVED ON CONSENT CALENDAR

Minutes of Belmont Fire Protection District Meeting of April 14, 2020

ACTION: On a motion by Director Mates, seconded by Director Stone, the Consent Agenda

was unanimously approved by roll call vote

ADJOURNMENT at this time, being 9:20 P.M.

Terri Cook

District Secretary

Page 35: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 2

Insurance Brokerage Services Agreement

Agency: City of Belmont

Staff Contact: Thomas Fil, Finance Director, (650) 595-7433, [email protected]

Agenda Title: Agreement for Insurance Brokerage Services

Agenda Action: Resolution

Recommendation

Adopt a resolution authorizing the City Manager to execute a new agreement for insurance brokerage

services with Alliant Insurance Services, Inc. in the amount of $81,402 for FY 2021, $83,642 for FY

2022, and $85,733 for FY 2023, with triennial renewals thereafter.

Background

Since 2004, Alliant Insurance Services, Inc. (“Alliant”) has served as the City’s insurance broker and

has carried out their duties in a professional and timely manner. Through Alliant’s services, the City has

been able to bind insurance policies at very competitive costs. Alliant has also performed exceptionally

in providing guidance and advising the City on best practices and decisions related to insurance policies

and procedures, and has consistently and responsibly taken initiative on obtaining quotes and guiding

the City on processing the applications in order to meet our annual July 1st renewal date.

Alliant’s current contract expires at the end of Fiscal Year 2020. In keeping with good business practices

of periodically soliciting insurance brokerage services, staff issued a Request for Qualifications (RFQ)

to various insurance brokerage firms for a new multi-year insurance brokerage contract. The RFQ was

widely distributed and confirmation of receipt by the firms was requested and received. Staff fielded

several questions by potential firms; however, Alliant was the sole responder. Staff now recommends

approval of a three-year extension at the costs stated in Attachment B.

Analysis

Proven Track Record of Success –

In accepting Alliant’s proposal for insurance brokerage services, staff gives significant weight to the

value of retaining a skilled and responsible broker, with a well-grounded depth of knowledge of their

field of expertise and a history of successful results. In light of the success of insurance policy

placement the City has experienced with this firm, their responsiveness to staff’s questions and requests,

and the professional working relationship that has developed, staff believes it is in the best interest of the

City to have under a long-term contract the highly skilled and knowledgeable brokerage firm with a

proven performance record.

Cost Control –

Alliant’s proposal represents a 10% decrease from the current rate, followed by subsequent 2.5%

increases for the following two fiscal years. Additionally, the contract amendment provisions adjust

Alliant’s compensation once by the change in Consumer Price Index (CPI) each triennial renewal period

Meeting Date: May 12, 2020

STAFF REPORT

Page 36: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 2

Insurance Brokerage Services Agreement

thereafter. The combination of these two factors provides the City with superior price protection and

budget certainty going forward.

Periodic Performance Review –

In addition to quarterly check-ins, Alliant will be subject to a triennial Consultant Performance Review

during this engagement with the City. The review will be performed prior to the triennial renewal. A

summary of the performance review will be prepared and may be published as part of the City’s Annual

Risk Management Report, or in some other appropriate manner.

In the unlikely event of the need to change brokers, the contract terms provide for a 10-day Notice of

Cancelation.

Alternatives

1. With direction, seek an alternative insurance broker.

Attachments

A. Resolution

B. Alliant Insurance Services, Inc. Proposal

Fiscal Impact

No Impact/Not Applicable

Funding Source Confirmed: The amendment to the professional services agreement with Alliant

is initially for three years (FY 2021 through FY 2023). Alliant will

perform services for the annual fees listed in Attachment B and

subsequent triennial renewals will be adjusted by CPI.

There are sufficient funds in the Risk Management Funds (571-1-

503-8520 and 570-1-503-8520) to authorize the agreement.

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda

Staff Council Vision/Priority Other*

Citizen Initiated Discretionary Action

Other* Plan Implementation*

Page 37: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 2

RESOLUTION NO. 2020-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING A SERVICE AGREEMENT FOR INSURANCE BROKERAGE

SERVICES WITH ALLIANT INSURANCE SERVICES, INC. IN THE AMOUNT OF

$81,402 FOR FY 2021, $83,642 FOR FY 2022, AND $85,733 FOR FY 2023, WITH

TRIENNIAL RENEWALS THEREAFTER

WHEREAS, Alliant Insurance Services, Inc. (“Alliant”) has served as the City’s insurance

broker since 2004, and has carried out their duties in a professional and timely manner; and,

WHEREAS, through Alliant's services, the City has been able to bind insurance policies at

very competitive costs and has received exceptional guidance on best practices and decisions related

to insurance policies and procedures; and,

WHEREAS, Alliant responded to the City's Request for Qualifications in a timely manner;

and,

WHEREAS, staff recommends a three-year contract with Alliant to provide continuing

insurance brokerage services with triennial renewals thereafter, subject to receiving a Consultant

Performance Review.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The City Manager is authorized to negotiate and execute an agreement

purchasing insurance brokerage services from Alliant Insurance Services, Inc. for an amount not to

exceed $81,402 for FY 2021, $83,642 for FY 2022, and $85,733 for FY 2023, with triennial

renewals thereafter.

* * *

Page 38: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 2

ADOPTED May 12, 2020, by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk

Mayor

APPROVED AS TO FORM:

City Attorney

Page 39: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Alliant Insurance Services, Inc. 100 Pine Street 11th Floor San Francisco, CA 94111 PHONE (415) 403-1400 www.alliant.com License No. 0C36861

May 1, 2020 Thomas Fil Finance Director City of Belmont 1 Twin Pines Lane Belmont, CA 94002 Re: Insurance Brokerage Service Agreement Dear Thomas: Alliant has had the pleasure of working with the City of Belmont (City) for all lines of coverage since 2004 and we appreciate the opportunity to respond to the City’s Request for Qualifications (RFQ) for Insurance Brokerage Services. We value our partnership with the City and are pleased to provide you with the following proposal to continue offering insurance brokerage services to the City. We are suggesting a continued fee for service approach. This annual fee would include all of the Obligations of Alliant as outlined in the 2004 Service Agreement to include a comprehensive review of the City’s vendor insurance requirements. Contemplating all of these services, our proposed annual remuneration is as follow: Core Placements Workers’ Compensation

Year 1: $38,170 $43,232 Year 2: $39,124 $44,518 Year 3: $40,102 $45,631

Year 4 (Option): TBD, shall not exceed a 2.5% increase from the third year annual sum Year 5 (Option): TBD, shall not exceed a 2.5% increase from the third year annual sum

The above fee proposal represents a reduction of 10% from our current year compensation, followed by 2.5% increases for Years 2 and 3. We are in unprecedented times and hope our proposal provides certainty for the City. We believe this fairly represents the time commitment of our broking and service team. As a reference benchmark, the Year 1 fee represents the equivalent of approximately an 8.0% commission rate on the low end budget estimates for the City’s 20-21 insurance program renewal.

Page 40: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Alliant Insurance Services, Inc. 100 Pine Street 11th Floor San Francisco, CA 94111 PHONE (415) 403-1400 www.alliant.com License No. 0C36861

Mr. Thomas Fil May 1, 2020 Page 2 We hope this proposal for an extension of services is acceptable as we most definitely desire to continue our partnership with the City. Thank you again for this opportunity and we look forward to hearing from you soon. Sincerely,

Daniel J. Howell Senior Executive Vice President [email protected] cc: Seth Cole, Alliant

Page 41: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Indicator

These financial reports are designed to provide a general overview of the City of Belmont’s

interim finances. Questions concerning any information provided in these reports should be

addressed to the Finance Director at [email protected] or for additional information

regarding the City’s financial activities, including past award winning CAFRs, transparency

efforts and best practices please visit the City at www.belmont.gov.

Sewer Collection System

Tax Trends

Management

Discussion & Analysis

Refer to this section to learn more

about cyclical revenue and expenditure

transactions causing interim budget

variances.

Transient Occupancy Tax is trending

upwards.

Budget Variance Report Cash Disbursement and Purchase Order

Activity Report

This report compares budget to actual results for each

major revenue source and expenditure function.

This report lists the disbursements and purchase orders

issued for the amount equal to and above $5,000.

Sewer Treatment

Decreasing Fund Balance

Street Improvements

Other funds experiencing cyclical

deficits

Long-term infrastructure unfunded Belmont Fire Protection District

This Month's Highlights

Status

General Fund Balance increasing

compared to prior year-to-date

Planned Park

Liability Insurance

Performance at a Glance Fund Recap at a Glance

General Fund

This report measures General Fund balance trends and year-

to-date budget to actual results.

This report lists all year-to-date revenue and expenditure

activity by fund.

Increasing Fund Balance

FY 2020C

ity

of

Bel

mo

nt,

Mo

nth

ly F

inan

cial

Rep

ort

Mar

ch 3

1, 2

02

0

c

Funds Experiencing Notable Year Over Year Change

Page 42: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

City of Belmont

Performance at a Glance

Results for the Period Ended March 31, 2020

(000's)

6/30/2010 $2,329 Audited

6/30/2011 $3,818 Audited

6/30/2012 $5,085 Audited

6/30/2013 $6,200 Audited

6/30/2014 $8,204 Audited

6/30/2015 $9,049 Audited

6/30/2016 $9,177 Audited

6/30/2017 $11,128 Audited

6/30/2018 $11,325 Audited

6/30/2019 $14,846 Audited

3/31/2020 $12,257 Unaudited

* excludes Measure I

\ 0

The General Fund balance is $12.3 million, a $2.6 million decrease compared to amount at the prior fiscal year end.

General Fund

Fund Balance - YTD Fund Deficits

As shown on the Fund Recap at a Glance (page 3), the Recreation Fund and Library Bond Debt Service Fund have deficits that are

expected to be eliminated in a future period. The Successor Agency Trust Fund reflects a deficit of $5.7 million due to the nature of the

fund type, in which the entire outstanding debt balance is recorded. There are insufficient assets currently available to offset the

liability; however, future receipts, both near and long-term, from the County Redevelopment Property Tax Trust Fund are expected to

repay the bonds.

General Fund Balance Trends*

$0

$2

$4

$6

$8

$10

$12

$14

$16

General Fund Balance Trend(in millions)

June December

Capital and Retirement Obligations

$0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $100

Budget Expenditures

Actual Expenditures

Budget Revenues

Actual Revenues

All Funds Revenues & Expenditures YTD Comparison (in millions)

Sewer

PERS

OPEB

$52.5

$4.6

$53.0

$22.9

$26.8

$13.1

$55.8

Partially Funded Obligations

Storm $ UnfundedStorm $ Identified/MonetizedStreets $ UnfundedStreets $ Identified/MonetizedFacilities & Parks $ UnfundedFacilities & Parks $ Identified/MonetizedSewer $ Identified/Monetized

2

Page 43: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Audited CY YTD PY YTDFund Fund Bal. YTD YTD PY YTD YTD YTD PY YTD Fund Bal. Fund Bal.

Fund Name 06/30/19 Budget Actual (Under) % Actual Budget Actual Under % Actual 03/31/20 03/31/19(1) (2) Over (3) (Over) (1)+(2)-(3)

GENERAL FUND101 General $14,846 $20,733 $17,414 ($3,318) 84% $16,677 $21,076 $20,003 $1,073 95% $17,125 12,257$ 10,869102 Measure I 2,904 1,380 1,003 (378) 73% 1,033 3,231 1,985 1,247 61% 677 1,922 2,225

SPECIAL REVENUE FUNDS 0205 Recreation 76 2,405 2,302 (103) 96% 2,104 2,405 2,490 (85) 104% 2,359 (111) (146)206 Library Maintenance & Operation 1,106 239 188 (50) 79% 202 321 275 45 86% 259 1,020 1,073207 Athletic Field Maintenance 315 60 46 (14) 77% 52 53 29 24 55% 43 332 325208 City Tree 391 9 7 (2) 82% 5 45 35 10 78% 29 363 399209 Senior Services Donation 81 4 3 (2) 61% 3 4 0 4 0% 0 84 80210 Development Services 217 3,208 2,916 (292) 91% 2,154 3,318 2,716 602 82% 2,291 416 297212 General Plan Maintenance 406 176 129 (47) 73% 83 115 82 33 71% 8 453 384223 Belmont Fire Protection District 10,317 9,869 7,901 (1,968) 80% 8,893 7,680 9,986 (2,306) 130% 12,205 8,233 6,037225 Police Grants and Donations 36 0 (3) (3) N/A 0 2 (2) 3 -101% 1 35 35227 Supplemental Law Enforcement 60 120 128 8 106% 119 145 158 (12) 108% 138 30 76231 Street Maintenance 0 2,390 2,094 (296) 88% 942 2,062 1,735 327 84% 1,556 359 (221)232 RMRA Street Project 463 402 364 (38) 90% 350 645 186 459 29% 152 641 296234 Street Improvements 1,748 2,310 2,489 179 108% 876 4,207 3,594 613 85% 1,256 643 1,873275 Affordable Housing Successor 3,993 2,321 70 (2,252) 3% 92 497 414 82 83% 95 3,648 3,987277 Inclusionary Housing 2,942 637 211 (425) 33% 381 2,288 1,000 1,288 44% 0 2,154 2,915

Total Special Revenue 22,152 24,151 18,846 (5,305) 78% 16,258 23,786 22,699 1,087 95% 20,392 18,299 17,409

CAPITAL PROJECT FUNDS308 General Facilities 1,000 181 173 (8) 96% 371 439 179 261 41% 624 994 1,194

310 Infrastructure 2,358 817 812 (5) 99% 584 1,511 68 1,443 5% 69 3,102 2,895312 Comcast PEG Program 412 8 5 (3) 63% 6 63 47 16 75% 0 370 436341 Planned Park 953 4,898 6,017 1,119 123% 147 4,823 562 4,260 12% 190 6,408 1,423342 Park Impact 343 974 6 (968) 1% 6 0 0 0 N/A 0 349 338343 Open Space 245 4 1 (3) 23% 3 28 6 22 23% 22 239 258704 Special Assessment Districts 303 4 1 (3) 28% 3 0 0 0 N/A 0 304 303

Total Capital Projects 5,613 6,885 7,015 130 102% 1,121 6,864 862 6,001 13% 905 11,766 6,848

DEBT SERVICE & OTHER FUNDS406 Library Bond Debt Service 245 508 397 (111) 78% 427 501 653 (152) 130% 656 (11) 17

501-505 Sewer Collection System 11,491 24,358 7,614 (16,745) 31% 10,121 20,170 10,094 10,076 50% 14,800 9,011 4,563507 Sewer Treatment 20,219 2,426 2,101 (326) 87% 2,223 12,650 7,280 5,370 58% 9,255 15,039 33,315525 Storm Drainage Enterprise 4,002 2,128 1,914 (215) 90% 1,070 2,365 1,648 718 70% 1,382 4,268 4,603530 Solid Waste Management 1,276 390 413 24 106% 335 349 258 91 74% 254 1,431 1,139570 Worker's Compensation 829 264 289 25 109% 744 464 605 (141) 130% 737 513 861571 Liability Insurance 2,586 455 110 (345) 24% 1,191 698 517 181 74% 668 2,179 694

572 Self Funded Vision 4 27 8 (19) 29% 29 27 5 22 20% 10 7 21573 Fleet & Equipment Management 2,902 3,412 3,376 (36) 99% 2,600 3,753 2,911 842 78% 2,808 3,367 2,588574 Facilities Management 365 1,373 1,354 (20) 99% 1,189 1,553 1,384 169 89% 1,374 334 382575 Benefit Prefunding 1,884 1,310 1,102 (208) 84% 947 1,408 1,558 (150) 111% 669 1,427 1,876

775 Successor Agency Trust Fund1 (4,957) 721 106 (616) 15% 117 716 844 (128) 118% 794 (5,695) (6,309)

Total Debt & Other 40,846 37,373 18,782 (18,591) 50% 20,992 44,655 27,758 16,897 62% 33,406 31,870 34,296

Total All Funds $86,361 $90,522 $63,061 ($27,461) 70% $56,080 $99,612 $73,307 $26,305 74% $72,505 $76,114 $71,647

Fund Types:

1 The Sucessor Agency Trust Fund is a Fiduciary Fund and is only displayed here for informational and reporting purposes.

General Fund - Used to account for and report all financial resources not accounted for and reported in another fund.

Special Revenue Funds - Used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects.Capital Projects Funds - Used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital

assets.

Debt Service & Other Funds - Includes funds used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest; funds used to finance and account for special

activities and services performed by a designated department for other departments in the City on a cost reimbursement basis; and funds to account for operations financed and operated in a manner similar to a private business

enterprise with the intent that the cost of providing goods and services is primarily financed through user charges; and funds used to account for assets held by the City as an agent.

VarianceExpendituresRevenues

Variance

City of BelmontFund Recap at a Glance

Results for the Period Ended March 31, 2020(000's)

3

Page 44: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

City of BelmontBudget Variance Report

General Fund / All Other FundsResults for the Period Ended March 31, 2020

(000's)

General Fund All Other FundsYear to Date (YTD) Annual PY YTD Year to Date (YTD) Annual PY YTD

Budget Actual Variance % Budget Actual Budget Actual Variance % Budget ActualREVENUESTaxes $15,074 $12,134 ($2,939) 80% a $20,098 $11,585 $13,139 $10,178 ($2,960) 77% a $17,518 $9,958

Property Taxes 4,676 3,769 (907) 81% 6,235 3,718 10,408 7,862 (2,546) 76% 13,877 7,783 Sales Taxes 2,841 2,292 (548) 81% 3,787 2,288 1,997 1,742 (255) 87% 2,663 1,558 Other Taxes 7,557 6,073 (1,484) 80% 10,075 5,579 734 574 (160) 78% 978 617

Licenses and permits 783 550 (233) 70% b 1,045 516 1,223 1,023 (201) 84% b 1,631 799 Intergovernmental 206 189 (17) 92% 275 208 2,493 2,446 (47) 98% 3,324 3,688 Charge for services 3,685 3,718 33 101% 4,914 3,501 29,007 20,534 (8,473) 71% c 38,675 20,200 Fines and forfeits 128 126 (2) 99% 170 110 - - - N/A - -

656 603 (53) 92% 874 737 1,239 1,058 (181) 85% d 1,652 1,357 Miscellaneous 202 95 (107) 47% d 269 19 67 (183) (250) -271% e 90 1,218 Other financing sources - - - N/A - - 18,031 6,000 (12,031) 33% f 24,041 23 Operating transfers in - - - N/A - - 4,591 4,591 (0) 100% 6,121 2,160 Total Revenues 20,733 17,414 (3,318) 84% 27,644 16,677 69,789 45,646 (24,143) 65% 93,052 39,403 EXPENDITURESGeneral government 4,867 4,309 (558) 89% 6,490 3,955 6,443 5,668 (775) 88% 8,590 4,915Public safety 10,836 10,362 (474) 96% 14,448 9,539 7,827 10,142 2,314 130% g 10,436 12,313Streets and utilities - - - N/A - - 44,558 24,156 (20,402) 54% 59,411 28,473 Culture and recreation 1,745 1,704 (41) 98% 2,326 1,488 9,502 5,034 (4,468) 53% 12,669 4,964Urban redevelopment - - - N/A - 5,357 3,585 (1,772) 67% 7,143 1,932Debt service - - - N/A - - 3,886 3,757 (130) 97% 5,181 2,766 Operating transfer out 3,628 3,628 (0) 100% 4,837 2,142 963 963 (0) 100% 1,284 18 Total Expenditures 21,076 20,003 (1,073) 95% 28,101 17,125 78,536 53,304 (25,233) 68% 104,715 55,380

($343) ($2,589) ($4,391) ($457) ($448) ($8,747) ($7,657) ($49,375) ($11,663) ($15,977)

Management Discussion and Analysis(Items with unfavorable budget variance more than $0.1 million)

General Fund:

Revenues

Other Funds

Revenues

Expenditures

Other Funds

** July TOT revenues received were for June activities and accrued to the previous FY. July revenues will be received in August.

EXCESS OF REVENUES OVER

(UNDER) EXPENDITURES

Trends

Use of money and property

a) Taxes – The budget variance is primarily due to the timing of semi-annual property tax receipts received in December and April. In addition, the majority of Sales Tax and Transient Occupancy Taxes

received in July are related to June activities, which are subject to an accounting adjustment.

f) Other Financing Sources – There is a budgetary basis of accounting versus the entries needed for the audit relating to the 2019 Sewer Collection bonds that have been issued.

c) Charges for Services– The Sewer Use Fee (Collection & Treatment) is included as part of the City’s Property Tax bill to be received semi-annually, typically in April and December.

g) Public Safety – Includes $1.4M contribution to Belmont-San Carlos Fire Department for legacy obligations.

e) Miscellaneous – The revenue will be received in a future reporting period and includes activities related to the prior fiscal year, which are subject to an accounting adjustment.

b) Licenses & Permits– The business license tax received to date is currently below budgeted expectations due to timing difference in collection and is expected to be in line with budget at year-end.

d) Use of Money and Property – This revenue shortfall reflects a decrease in the interest received from City investments in LAIF due to timing difference and deferral of monthly tenant rent resulting from

COVID-19 business closures.

-$650

-$450

-$250

-$50

$150

$350

$550

$750

$950

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Tho

usa

nd

s

Sales Taxes & TOT - Monthly Comparison

Sales Taxes FY 19 Sales Taxes FY 20 TOT FY 19 TOT FY 20

$0

$1,000

$2,000

$3,000

$4,000

$5,000

$6,000

FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19

Tho

usa

nd

s

Major General Fund Taxes - 10-year Trends

Prop Tax Sales Taxes TOT

4

Page 45: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

City of BelmontDisbursements & Purchase Order Activity Report

Results for the Period Ended March 31, 2020

Vendor Description Date No. AmountBAMACOR, INC. CUSTODIAL SVCS 3/13/2020 00000000000076054 $24,982.82

BROADCAST MICROWAVE SERVICES LLC M8-SYSTEM 3/6/2020 00000000000075978 $27,592.02

CALLANDER ASSOCIATES 4.0 BID/CONSTRUCTION SUPPORT 3/13/2020 00000000000076057 $8,631.05

CALPERS COB CONTRIBUTION PPE 2/28/20 3/4/2020 DAJ000005819 $105,216.42

CALPERS CALPERS HEALTH-MARCH 3/13/2020 DAJ000005828 $152,259.51

CALPERS COB CONTRIBUTION PPE 3/13/20 3/19/2020 DAJ000005844 $107,120.97

CALPERS-CERBT OPEB ARC CONTRIBUTION FY20 3/23/2020 DAJ000005815 $197,134.90

COASTLAND CIVIL ENGINEERING SVCS THRU 1/31 CM RAL SEG 1&2 3/20/2020 00000000000076083 $15,773.25

COLANTUONO, HIGHSMITH & WHATLEY, PC LITIGATION 3/13/2020 00000000000076019 $17,991.61

COMFORT INTERNATIONAL INC F1 PUMP REPAIR 3/27/2020 00000000000076236 $8,182.00

CREEKSIDE GRILL FEBRUARY MEALS 3/20/2020 00000000000076116 $8,691.21

CSAC EXCESS INS. AUTHORITY EAP 3/13/2020 00000000000076074 $5,279.09

CSG CONSULTANTS, INC. DEVELOP REVIEW SVCS THRU 7/26 3/6/2020 00000000000075984 $64,670.00

CSG CONSULTANTS, INC. SVCS THR 12/27 ON CALL DEVELOP 3/27/2020 00000000000076279 $23,117.50

ECONOMIC & PLANNING SYSTEMS, PROJECT# 171010 JAN SERVICES 3/13/2020 00000000000076050 $5,508.75

ELS ARCHITECTURE & URBAN DESGIN SVCS THRU 2/29 CORP YARD 3/27/2020 00000000000076275 $5,157.67

EXPRESS PLUMBING PROG 002.1 BELMONT SEW EASE 3/20/2020 00000000000076232 $336,499.50

EYEP SOLUTIONS 2ND FORTINET FIREWALL 3/6/2020 00000000000075942 $16,809.47

FACILITRON INC CHS BASEBALL FIELD USE 3/13/2020 00000000000076006 $6,600.00

GOLDSTEIN, BARBARA PARTIAL TASKS B & C 3/20/2020 00000000000076135 $5,000.00

HDL COMPANIES SALES TAX & PROP TAX 1ST QTR 3/13/2020 00000000000076045 $5,627.04

ICMA RETIREMENT RHS PLAN PAYROLL - DEFERRED COMP CONTRIBUTION 3/6/2020 00000000000075963 $5,000.00

ICMA RETIREMENT TRUST 457 PAYROLL - DEFERRED COMP CONTRIBUTION 3/6/2020 00000000000075988 $49,340.28

MENTAL HEALTH ASSOC OF SM COUNTY SEWER /SEWAGE DISPOSAL FEE 3/20/2020 00000000000076086 $14,042.41

MID-PENINSULA WATER DISTRICT 1 HASTINGS 3/13/2020 00000000000076056 $9,252.82

MNS ENGINEERS INC CM PUMP STATION THRU 1/31 3/27/2020 00000000000076271 $5,218.45

NASH, TERI INSTRUCTOR PAYMENTS 3/13/2020 00000000000076073 $39,228.38

NASH, TERI INSTRUCTOR PAYMENTS 3/27/2020 00000000000076339 $38,508.00

NBS/GOV'T FINANCE GROUP CFD NO 2001-1 LIBRARY PROJECT 3/27/2020 00000000000076284 $18,456.59

NUTRIEN AG SOLUTIONS INC CHEETAH PRO 3/27/2020 00000000000076261 $5,717.98

P&A GROUP SEC 125 3/17/2020 DAJ000005830 $5,053.86

PAYROLL TAXES PAYROLL TAXES 3/13/20 3/13/2020 DAJ000005804 $122,411.98

PAYROLL TAXES PAYROLL TAXES 3/27/20 3/27/2020 DAJ000005808 $116,305.30

PBIA MAR DENTAL 3/13/2020 00000000000076037 $20,224.08

PG&E GAS & ELECTRICITY 3/27/2020 00000000000076325 $7,049.14

PG&E GAS & ELECTRICITY 3/27/2020 00000000000076334 $7,965.43

PRECISION ENGINEERING INC PROGRESS PAYMENT 2 3/6/2020 00000000000075944 $71,519.93

RK ENGINEERING PROGRESS 132.10 APP 10 3/13/2020 00000000000076052 $83,904.00

SAN CARLOS CHILDREN'S THEATER INSTRUCTOR PAYMENTS 3/13/2020 00000000000076034 $5,534.20

SAN MATEO CONSOLIDATED FIRE DEPARTMENT FEB 20 SERVICES 3/27/2020 00000000000076273 $1,960,628.10

SAN MATEO COUNTY CONTROLLER LAFCO - JANUARY 2 STMT 3/6/2020 00000000000075959 $6,579.00

SCS ENGINEERS BSC GAS MONITORING 3/20/2020 00000000000076136 $7,700.00

SILICON VALLEY CLEAN WATER APRIL 2020 CONTRIBUTION 3/6/2020 00000000000075965 $271,903.00

SM COUNTY FLOOD & SEA LEVEL RISE RESILIENCY DISTRICTFY 19-20 START UP FUNDING 3/20/2020 00000000000076085 $40,000.00

STATE OF CA SALES/USE TAX RETURN 3/13/2020 DAJ000005835 $6,248.02

SUN RIDGE SYSTEMS, INC. RIMS ANNUAL SUPPORT SERVICES 3/13/2020 00000000000076063 $33,209.00

TANNER PACIFIC INC CM 2018 STORM DRAIN THRU 1/31 3/6/2020 00000000000075971 $68,518.75

TANNER PACIFIC INC SVCS THRU 2/29 CM SEWER EASE 3/20/2020 00000000000076130 $46,105.75

TANNER PACIFIC INC SVCS THRU 2/29 2019 PAVEMENT 3/27/2020 00000000000076270 $20,105.00

THE LEW EDWARDS GROUP SERVICE THRU 02/29/20 3/13/2020 00000000000076000 $5,750.00

TUST, JOHN INSTRUCTOR PMNTS/ BL RENEWAL 3/20/2020 00000000000076114 $5,284.40

U.S. BANK CORP PAYMENT SYSTEM CAL CARD FEB-ADL 3/27/2020 00000000000076233 $21,690.51

VALLEY OIL COMPANY FUEL 3/6/2020 00000000000075991 $7,158.07

Total Disbursements in Excess of $5,000 $4,273,457.21Total Count 53

Vendor Description Date No. AmountCALLANDER ASSOCIATES CONST ADMIN & PRE CONST SRV 3/2/2020 20 00073 $52,361.00

PAPE MACHINERY INC 2020 JOHN DEERE 410L BACKHO 3/2/2020 20 00074 $135,337.18

INTERSTATE GRADING AND 2019 PAVEMENT MAINT PRJ 3/2/2020 20 00075 $739,896.41

ELROD, DIANA HOUSING SERVICES PHASE I 3/2/2020 20 00076 $46,885.00

R BROTHERS PAINITING INC INT PAINTING COB LOCATIONS 3/18/2020 20 00077 $22,727.10

NBS/GOV'T FINANCE GROUP TASK ORDER# 9 MSA 2016-09-0 CONTINUING DISCLOSURE/SB 1029/CDIAC 3/30/2020 20 00078 $13,778.00

Total Purchase Orders Issued in Excess of $5,000 $1,010,984.69Total Count 6

Purchase Order Amounts Equal to $5,000 and Above

Disbursements Amounts Equal to $5,000 and Above

5

Page 46: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Beginning Balance

March 1, 2020 Receipts Disbursements

Ending Balance

March 31, 2020

City of Belmont 87,905,818.92$ 1,461,114.19$ (3,325,939.63)$ 86,040,993.48$

Belmont Fire Protection District 10,243,217.65 10,355.69 (2,025,298.30) 8,228,275.04

Successor Agency of the RDA 163,987.23 - (942.42) 163,044.81

Total 98,313,023.80$ 1,471,469.88$ (5,352,180.35)$ 94,432,313.33$

-

Deposit Investments Pool Total

City of Belmont, Belmont Fire Protection District, 471,478.61$ 93,960,834.72$ 94,432,313.33$

& Successor Agency of RDA -

Respectfully Submitted,

s/b Thomas Fil

Thomas Fil

City Treasurer

I certify that this report accurately reflects all investments of City of Belmont, Belmont Fire Protection District, Net Six, and Successor

Agency, and is in conformance with the adopted Investment Policy mandated by Government Code 53646. Furthermore, I certify to

the best of my knowledge, sufficient investment liquidity and anticipated revenues are available to meet the Agency's budgeted

expenditure requirement for the next six months.

CITY OF BELMONT

TREASURER'S REPORT

March-20

Balance Summary

Agency Receipts and Disbursements Summary

treasurer report 03-2020

Page 1 of 2

Page 47: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Investment Type Issuer

Maturity

Date Par Amount

Current Market

Value Interest Total

Investment

Period Rate

Pricing

Source Manager

Deposit

General Account Wells Fargo Daily $471,478.61 471,478.61$ Bank Bank

Investments:

L.A.I.F.-POOL State of California Daily 66,689,413.68 67,188,318.18 99,311.65 90 days 1.787% LAIF LAIF

L.A.I.F.-BONDS State of California Daily 27,271,421.04 27,475,438.95 40,611.69 90 days 1.787% LAIF LAIF

Total 94,432,313.33$ 95,135,235.74$ 139,923.34$

S/B John Violet

Investment Detail

CITY OF BELMONT

TREASURER'S REPORT

March-20

Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20

LAIF Pool 47,028,054 57,504,745 60,179,745 66,604,745 53,015,010 50,880,010 52,920,010 50,731,048 49,491,048 82,216,048 67,954,414 70,264,414 66,689,414

LAIF Bond 26,330,709 26,502,819 19,748,819 17,359,819 17,502,916 17,502,916 11,172,916 8,730,274 8,730,274 8,730,274 28,781,421 27,271,421 27,271,421

LAIF Rate 2.44% 2.45% 2.45% 2.43% 2.38% 2.34% 2.28% 2.19% 2.10% 2.04% 1.97% 1.91% 1.79%

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

$0

$10,000,000

$20,000,000

$30,000,000

$40,000,000

$50,000,000

$60,000,000

$70,000,000

$80,000,000

$90,000,000City of Belmont Investment Portfolio Trends

Page 2 of 2

Page 48: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 2

Agency:

Staff Contact:

Agenda Title:

City of Belmont

Afshin Oskoui, City Manager, (650) 595-7410, [email protected]

Affirming Belmont’s Commitment to Safeguard the Civil Rights, Safety and Dignity of All Community Members

Agenda Action: Resolution

Recommendation Adopt a Resolution affirming Belmont’s commitment to values of equity, fairness, and justice, and denouncing stigmatization, racism, and xenophobia in responding to COVID-19.

Background At the City Council Meeting on March 28th, 2017, the Council adopted a resolution expressing Belmont’s support for Civil Rights. The resolution expressed a level of community support that is consistent with the City of Belmont’s Vision Statement and General Plan. In fact, the Council as part of the 2017 Priority Setting process modified the City’s Vision Statement to include a commitment to diversity and inclusion, which the adoption of the Resolution 2017-027 represented.

At the City Council Meeting on April 28th, the Council considered a request from Mayor Lieberman and Councilmember Mates to bring an update to Resolution No. 2017-027 affirming the City of Belmont’s commitment to values of equity, fairness, and justice, and denouncing stigmatization, racism, and xenophobia in responding to COVID 19. We believe that our community members will benefit from this show of support especially those who are feeling concern over recent responses to COVID-19 across the region and its commitment to local action.

Analysis The draft resolution will affirm and demonstrate Belmont’s commitment to safeguarding the civil rights, safety and dignity of all community members, and denouncing stigmatization, racism, and xenophobia in responding to COVID-19.

Alternatives 1. Provide direction and postpone for future discussion.

Attachments A. Redlined Draft Resolution

Fiscal Impact No Impact/Not Applicable Funding Source Confirmed:

Meeting Date: May 12, 2020

STAFF REPORT

Page 49: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 2

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda

Staff Council Vision/Priority Other* Citizen Initiated Discretionary Action

Other* Plan Implementation*

Page 50: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

RESOLUTION NO. 2017-027

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT REAFFIRMING THE CITY’S COMMITMENT TO SAFEGUARD THE CIVIL RIGHTS, SAFETY, AND DIGNITY OF ALL COMMUNITY MEMBERS

WHEREAS, the City of Belmont is made up of individuals, both native born and immigrants, whose collective cultures, religions, backgrounds, orientations, abilities, and viewpoints join to form a healthy community that prides itself on being a place that welcomes persons and families of all walks of life regardless of how long they have lived here or where they came from; and,

WHEREAS, since the 2016 election there has been a sense of uncertainty and fear among communities in Belmont and across our State and the Nation due to the recent changes ofin national policies, notably among Hispanic Americans and Muslim Americans; and,

WHEREAS, more recently fear and uncertainty around COVID-19 coupled with hateful political rhetoric at the national level has coincided with a sharp increase in violence, hateful acts of racism, and stigmatization of groups of people across the country, notably Asian Americans, and incidents of hate against Asian Americans have been increasingly documented in the Bay Area; and,

WHEREAS, stigmatization represents a serious threat to our collective emergency response to the COVID-19 pandemic and furthers dangerous and false information about how COVID-19 spreads, misinforms people’s perception of risk, and repeats mistakes in our own history during past emergencies when racist and xenophobic sentiment targeted vulnerable groups; and,

WHEREAS, Asian Americans and immigrants cannot be made the scapegoats of COVID-19 and Asian Americans do not represent a greater risk of spreading COVID-19; and,

WHEREAS, the City wants to reassure its residents and visitors that Belmont is a place that celebrates diversity and inclusion; and,

WHEREAS, the City will not tolerate any prejudice, racism, bigotry, hatred, bullying, or violence towards any groups within our community; and,

WHEREAS, the City rejects any attempt to intimidate, threaten, or otherwise marginalize members of our community; and,

WHEREAS, the City Council wishes to declare that Belmont is a safe place for everyone, including vulnerable communities regardless of race, ethnicity, gender identity, sexual orientation, religion, socioeconomic status, or country of origin; and,

WHEREAS, the City assures its vulnerable communities that the City supports them, will do all it can to maintain and improve their quality of life, and will not tolerate acts of hate-based discrimination, bullying, or assault; and,

Page 51: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

WHEREAS, it is the City Council’s desire to ensure that all residents, regardless of country of origin, participate in civic life and daily activities without fear of being arrested or detained based solely on immigration status; and,

WHEREAS, the City of Belmont is, and has been, well served by a professional Police Department with a history of protecting and respecting the rights of all people while working diligently to keep Belmont safe; and,

WHEREAS, the enforcement of civil immigration laws is not the duty of the Belmont Police Department and can run the risk of potentially undermining the trust and cooperation it has established with immigrant communities, as well as distracting from the core mission of the Belmont Police Department to keep Belmont, its residents, its businesses, and its visitors safe; and,

WHEREAS, the City wishes to foster trust and cooperation between the City and its immigrant communities and encourages all people to report crime and speak to the police without fear of being arrested, detained, or reported to the Federal Government based on their immigration status; and,

WHEREAS, the City values its long-standing relationship with students and all youth and wishes to encourage a sense of safety and support among all of our young people; and,

WHEREAS, the City encourages all residents and visitors in Belmont to celebrate each other’s differences and learn from one another.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

Section 1. The Belmont City Council calls upon all City Departments and employees and all who live, work, or visit in Belmont to speak out against acts of bullying, discrimination, stigmatization, racism, xenophobia, and hate violence and to stand up for all those who are targeted for such acts, whether they are Hispanic Americans, Muslim Americans, Asian Americans, or those here who dream to be Americans.

Section 2. The Belmont City Council opposes deportations based solely on immigration status, which tear apart families and communities, and calls upon the Federal Government to promptly legislate a pathway to citizenship for undocumented immigrants.

Section 3. City employees, including members of the Belmont Police Department, do not investigate, question, detect, detain, or apprehend persons solely on the basis of a possible violation of immigration law.

Section 4. The Belmont City Council will lead by example in promoting safety, security, and respect for human and constitutional rights, and welcomes opportunities to partner with the Legislature, other jurisdictions, local organizations, educational institutions, residents, and businesses that support and defend all individuals in Belmont.

Section 5. The City recognizes, values, and will proactively work to promote diversity and inclusion within Belmont.

Page 52: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Section 6. The City will protect the rights and privileges of everyone in Belmont, regardless of religion, race, ethnicity, country of birth, immigration status, disability, gender, sexual orientation, or gender identity.

Section 7. The City does not tolerate discrimination, harassment, stigmatization, racism, xenophobia, or any hate-based crimes.

Section 8. The City hereby rejects prejudice and bigotry in all forms, including but not limited to anti-Semitism, genderphobia, homophobia, Islamophobia, misogyny, nativism, racism, and xenophobia.

* * *

Page 53: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

ADOPTED , 2020 by the City of Belmont City Council by the following vote:

Ayes:

ATTEST:

City Clerk

Mayor

APPROVED AS TO FORM:

City Attorney

Page 54: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 3

Agency: City of Belmont

Staff Contact: Bozhena Palatnik, Public Works, (650) 595-7463, [email protected]

Agenda Title: Measure I 2020 Street Reconstruction Project, CCN 2020-588

Agenda Action: Resolution

Recommendation Adopt a resolution approving plans and specifications, authorizing advertisement for sealed bids, authorizing the City Manager to execute a contract with the lowest responsible bidder for an amount not to exceed $2,125,000 plus ten percent construction contingency for the Measure I 2020 Street Reconstruction Project, CCN 2020-588. Background

The City is responsible for the repair and maintenance of approximately 70 centerline miles (140 travel lane miles) of streets. The Public Works Department has implemented best management practices in our pavement preservation program to stretch our available dollars in the most effective way and to select certain streets for pavement projects. In November 2016, Belmont voters approved the Belmont Streets and City Services Measure (Measure I), a half-cent general tax that generates approximately $1.3 million annually for local infrastructure. On April 25, 2017, the City Council allocated $1 million in Measure I funds in Fiscal Year 2018 for street improvements.

On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is funded by the newly established Road Maintenance and Rehabilitation Account (RMRA), to address basic road maintenance, rehabilitation and critical safety needs on both the state highways and local streets and road system. RMRA sources of funds are increases to the per gallon, fuel excise taxes; diesel fuel sales taxes, and vehicle registration fees; and it provides for inflationary adjustments to tax rates in future years. On May 8th, 2018, the City Council received an update from staff on the 2017 Pavement Condition Report and 5-Year Paving Plan (Plan). The Plan called for several streets to be reconstructed in 2020. The City engaged the services of Nichols Consulting Engineers, Inc. (NCE) to design this project.

Date: May 12, 2020

STAFF REPORT

Page 55: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 3

Analysis The Project calls for the reconstruction of the following street segments in 2020.

STREET From: To: PCIBeresford Avenue Hillcrest Drive Lower Lock Avenue 23 Biddulph Way Hiller Street Nesbit School Parking Lot 22 Buena Vista Avenue Monserat Avenue Cipriani Boulevard (South) 17 Kimmie Court Coronet Boulevard N End 27 Masonic Way Old County Road Hiller Street 15 Pine Knoll Drive Hillman Avenue S end 43 Robin Whipple Way W End Belburn Drive 25 Sussex Court Hiller Street S End 13 Terrace Drive Hillman Avenue Mezes Avenue 29 Valerga Drive Alameda de las Pulgas S End 10 Wessex Way Hiller Street N End 15 Wessex Way Granada Street S End 18

The work will include road reconstruction, minor stormwater improvements, ADA compliant curb ramp installation, adjustment to grade of manholes and utility boxes, and striping. This project is categorically exempt from the California Environmental Quality Act (CEQA) under the CEQA Guidelines Section 15301 (c) for the maintenance, repair or minor alteration of existing facilities. Alternatives 1. Take no action 2. Refer back to staff for more information Attachments A. Resolution Fiscal Impact

No Impact/Not Applicable Funding Source Confirmed: $975,000 Account 102-3-730-3104-9030/Measure I 2020 Pavement

Reconstruction Project, $1,153,000 Account 310-3-760-3220-9030/Street Pavement Project, $209,500 Account 232-3-730-3109-9030, 2020 RMRA Street Reconstruction Project

Page 56: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 3 of 3

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda

Staff Council Vision/Priority Other* Citizen Initiated Discretionary Action Other* Plan Implementation*

Page 57: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 2

RESOLUTION NO. 2020-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING ADVERTISEMENT FOR SEALED BIDS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER FOR AN AMOUNT NOT TO EXCEED $2,125,000 PLUS TEN PERCENT CONSTRUCTION CONTINGENCY FOR THE MEASURE I 2020 STREET RECONSTRUCTION PROJECT, CITY CONTRACT NUMBER 2020-588

WHEREAS, the Department of Public Works has prepared plans and specifications for the Measure I 2020 Street Reconstruction Project, CCN 2020-588; and,

WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA) under the CEQA Guidelines Section 15301 (c) for the maintenance, repair or minor alteration of existing facilities; and,

WHEREAS, the following funds are available for the project: $975,000 Account 102-3-730-3104-9030/Measure I 2020 Pavement Reconstruction Project, $1,153,000 Account 310-3-760-3220-9030/Street Pavement Project, $209,500 Account 232-3-730-3109-9030, 2020 RMRA Street Reconstruction Project.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. Approves plans and specifications, authorizes the advertisement for sealed bids, and authorizes the City Manager to execute a contract with the lowest responsible bidder for an amount not to exceed $2,125,000 plus ten percent contingency for the Measure I 2020 Street Reconstruction Project, CCN 2020-588.

Page 58: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 2

* * * ADOPTED May 12, 2020, by the City of Belmont City Council by the following vote: Ayes: Noes: Absent: Abstain: ATTEST:

City Clerk

Mayor

APPROVED AS TO FORM:

City Attorney

Page 59: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 2

Agency: City of Belmont

Staff Contact: Justin Lai, Public Works, 650-637-2998, [email protected]

Agenda Title: Parking Restrictions for Caltrain shuttles on northbound El Camino Real

Agenda Action: Resolution

Recommendation

Adopt a resolution approving (1) a temporary 180-feet of no parking restrictions along northbound El

Camino Real between Hill Street and Middle Road during the Hillsdale Caltrain Station closure.

Background

The Parking and Traffic Safety Committee (PTSC) received a request from Caltrain to remove 180 feet

of public parking along northbound El Camino Real between Hill Street and Middle Road as shown on

Figure 1.

Figure 1

Meeting Date: May 12, 2020

STAFF REPORT

Page 60: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 2

Parking Restrictions for Caltrain Shuttles on Northbound El Camino Real - SR

Caltrain has been constructing their 25th Avenue Grade Separation Project over the past year and in order

to complete the project, they will be closing the Hillsdale Caltrain Station on May 16, 2020 for six months

and directing passengers to the Belmont Caltrain Station. To facilitate getting passengers to the Belmont

Caltrain Station, they will be operating a shuttle service to transport passengers between the Hillsdale

Station and Belmont Station. The City of Belmont would be helping Caltrain accommodate these added

shuttles by temporarily removing parking spaces along El Camino Real to create space for pick-up and

drop-off. During the closure, the Belmont Caltrain parking lots will be free and additional

accommodations for the public are being made by Caltrain to help with the added service such as bicycle

parking and free bus services.

Analysis

Adjacent residents and businesses within a 300-foot radius were notified of the proposed parking

restrictions and invited to the PTSC meeting where the change would be discussed. No comments were

received and after review of the request, the committee recommends the approval. While parking is being

removed from El Camino Real, additional parking will be available in the Belmont Caltrain parking lot

during the Hillsdale Caltrain Station closure.

Following the competition of the Hillsdale Caltrain Station, the Belmont Public Works Department will

remove the parking restrictions. The Public Works Department has an operational budget for these types

of requests, so there will be no additional budget requests associated with the installation of the work other

than minor amounts of operations staff time.

Alternatives

1. Take no action

2. Refer back to staff for further information

Attachments

A. Resolution

Fiscal Impact

No Impact/Not Applicable

Funding Source Confirmed:

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda

Staff Council Vision/Priority Other*

Citizen Initiated Discretionary Action

Other* Plan Implementation*

* Notifications were sent out to the adjacent residents and businesses indicating that the parking

restrictions were on the City Council agenda.

Page 61: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 1

RESOLUTION NO. 2020-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT APPROVING

(1) A TEMPORARY 180-FEET OF NO PARKING RESTRICTIONS ALONG

NORTHBOUND EL CAMINO REAL BETWEEN HILL STREET AND MIDDLE ROAD

DURING THE HILLSDALE CALTRAIN STATION CLOSURE.

WHEREAS, the Parking and Traffic Safety Committee (PTSC) received a request from

Caltrain to restrict parking for 180-feet in front of their northern Belmont parking lot between Hill

Street and Middle Road to accommodate shuttle drop-off and pick-up during the Hillsdale Caltrain

Station Closure; and,

WHEREAS, the adjacent businesses and property owners within a 300-foot radius were

notified about the changes and invited to a PTSC meeting to discuss the changes; and,

WHEREAS, the PTSC recommends approving the temporary 180-feet of no parking

restrictions along northbound El Camino Real between Hill Street and Middle Road, referred to in

Exhibit A; and,

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. Approves the temporary 180-feet of no parking restrictions along

northbound El Camino Real between Hill Street and Middle Road during the Hillsdale Caltrain

Station closure.

* * *

ADOPTED May 12, 2020, by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk

Mayor

APPROVED AS TO FORM:

City Attorney

Page 62: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Exhibit A

Install temporary no parking signs for the duration of the Hillsdale Station Closure

Page 63: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 3 SMC Strong

Agency: City of Belmont

Staff Contact: Jennifer Rose, Economic Development & Housing Manager; [email protected]

Agenda Title: Resolution Allocating up to $100,000 of City Council Contingency Funds to the San Mateo County Strong COVID-19 Recovery Fund to Provide Emergency Financial Assistance to Belmont Small Businesses

Agenda Action: Resolution

Recommendation Adopt a resolution authorizing a contribution of up to $100,000 of City Council FY20 contingency funds to the San Mateo County Strong Fund to provide direct financial assistance to Belmont small businesses. Background On March 24, 2020, the San Mateo County Board of Supervisors approved a $3 million allocation of Measure K funds to seed the San Mateo County Strong Fund, a COVID-19 recovery fund (“SMC Strong”). SMC Strong is a partnership with the Silicon Valley Community Foundation (“SVCF”) to support those most impacted by COVID-19 response in San Mateo County. All contributions to the SMC Strong Fund go to assist residents of San Mateo County, non-profits that assist County residents, and small businesses located in San Mateo County. On March 31, 2020, the San Mateo County Board of Supervisors approved the following allocations of the $3 million for the SMC Strong Fund:

• $1,000,000 will assist San Mateo County individuals and families and will be disbursed through the County’s eight Core Service agencies.

• $1,000,000 to support County non-profit agencies providing essential community support services. • $1,000,000 to provide grants of up to ten thousand dollars ($10,000) to qualifying San Mateo

County small businesses that can document a loss of revenue due to COVID-19. In collaboration with the San Mateo County Economic Development Association (“SAMCEDA”) and the SMC Strong Advisory Committee, the County has worked to develop plans for a small business assistance grant program. The plan includes partnering with the San Mateo Credit Union (the “Credit Union”) to provide grants of up to $10,000 each to small businesses throughout San Mateo County (allocated to all jurisdictions based on population) that have been impacted by COVID-19. The Credit Union established SMCU Community Fund, an independent legal entity and non-profit public benefit corporation, to carry-out the small business assistance program. On April 28, 2020, the Belmont City Council considered a request from Mayor Lieberman and Vice-Mayor Stone to contribute City Council Contingency funds to the SMC Strong Fund to augment the

Meeting Date: May 12, 2020

STAFF REPORT

Page 64: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 3 SMC Strong

County funding available to small businesses in Belmont. The City Council was unified in their support for such a contribution and directed staff to bring back additional information and a resolution at the next Council meeting. Small Business Assistance Program **Please note that the program application portal has now closed** The small business assistance program grants are intended to cover the equivalent of up to two months of a business’ operating expenses, including payroll, rent, and other operating costs. The program is open to all qualifying small businesses, regardless of the immigration status of the business owners. To be eligible under the County’s small business assistance program, a business must meet all the following criteria:

• Be a for-profit company with at least two employees; • Since March 31, 2019 the business has had all applicable and required business license(s)/permit(s)

or other government-issued registration document(s) as required by the local jurisdiction; • The business has a primary office, storefront, or business space open to the public and located in

San Mateo County and the business has been open for at least one year; • The business has the equivalent of 10 or fewer full-time employees as of February 15, 2020 OR

less than $2.5 million in annual revenue over the past 12 months (March 1, 2019 to February 29, 2020); and,

• The business demonstrates a 25% reduction in gross revenue due to COVID-19. At the April 28th meeting, the Belmont City Council inquired whether any of the program qualifications could be modified (i.e. accepting businesses that have been open less than one year, accepting businesses with only one employee, reducing the maximum grant amount). SMC Strong staff have confirmed that due to the large volume of applications and the need for rapid processing, program administrators are not able to accommodate any City-specific regulatory amendments—meaning the same program rules apply for any City that participates in this grant program. Ahead of the April 28th discussion, the City received feedback from several local Belmont businesses with only one employee who did not qualify for this grant program. The City has prepared the attached Belmont Business Resource Matrix that specifically identifies other funding available for single employee businesses. This information can also be found on the City’s website. Analysis SMC Strong small business recovery funds committed by San Mateo County (Measure K) will be allocated to small businesses located throughout the County based on jurisdiction population. For example, Belmont small businesses would have access to approximately $35,500 (3.55%) of the $1,000,000 committed by the County. With a maximum of $10,000 per grant, the San Mateo County funding allocation would support a minimum of four (4) local Belmont businesses. To augment San Mateo County funding, SMC Strong and the SMCU Community Fund are structured to receive both public and private financial contributions that can be specifically earmarked to support small

Page 65: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 3 of 3 SMC Strong

businesses within a designated jurisdiction (more information about donating at www.smcstrong.org). As of March 6th, twelve (12) Cities in San Mateo County have pledged contributions or are considering authorization of financial contributions to SMC Strong for local small business support. The SMC Strong application portal opened Monday April 27, 2020 at 12 noon:

• 1,232 complete applications were submitted before the portal was closed. • 187 of the submitted applications were initiated within the first minute of the portal opening

(funding offered on a first come first served basis). • A total of 65 complete applications were submitted by Belmont businesses before the portal closed,

or 5.2% of the total submitted applications. • While not all applications have been reviewed to confirm eligibility, it is anticipated that there is

not enough funding for all eligible applications. At the direction of Belmont City Council, staff has prepared a resolution that authorizes a one-time contribution of FY20 City Council Contingency Funds (101-1-102-8599) to the SMC Strong Fund, to be specifically used to provide emergency support funding to businesses located within the City of Belmont. Under current program guidelines, the City of Belmont contribution would provide funding support for a minimum of ten (10) businesses, in addition to the County funding. Any potential unused funding, though unlikely, would remain with the City of Belmont. The resolution authorizes the City Manager to execute any necessary program documents. Alternatives 1. Provide alternative direction or funding amount. 2. Take no action. Attachments A. Resolution B. Belmont Business Resources Matrix Fiscal Impact

No Impact/Not Applicable Funding Source Confirmed: $100,000 is available from FY20 City Council Contingency Fund

101-1-102-8599, subject to City Council authorization.

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda

Staff Council Vision/Priority Other* Citizen Initiated Discretionary Action Other* Plan Implementation*

Page 66: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 2

RESOLUTION NO. 2020-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT ALLOCATING UP TO $100,000 OF CITY COUNCIL CONTINGENCY FUNDS TO THE SAN MATEO COUNTY STRONG COVID-19 RECOVERY FUND TO PROVIDE EMERGENCY FINANCIAL ASSISTANCE TO BELMONT SMALL BUSINESSES

WHEREAS, residents, businesses, and non-profits in the City of Belmont and the County of San Mateo have been heavily impacted by the COVID-19 pandemic and the subsequent Shelter-In-Place Order; and,

WHEREAS, on March 24, 2020, the San Mateo County Board of Supervisors approved a three million dollar ($3,000,000) allocation of Measure K funds to seed the San Mateo County Strong Fund, a COVID-19 recovery fund (“SMC Strong”); and,

WHEREAS, the City Council would like to provide additional support to local small businesses and would like to increase the pool of funds available to the Belmont business community to mitigate financial impacts of the COVID-19 response efforts; and,

WHREREAS, $100,000 is available from FY20 City Council Contingency Fund 101-1-102-8599, subject to City Council authorization.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. That up to $100,000 from the FY20 City Council contingency fund be allocated to the San Mateo County Strong Fund, a COVID-19 recovery fund, to be used to provide direct financial assistance to Belmont small businesses.

SECTION 2. The City Manager is authorized to execute any necessary program documents.

* * *

ADOPTED May 12, 2020, by the City of Belmont City Council by the following vote:

Ayes: Noes: Absent: Abstain:

Page 67: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 2

ATTEST:

City Clerk

Mayor

APPROVED AS TO FORM:

City Attorney

Page 68: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

COVID-19: Financial Resources for Sole Proprietors/Independent Contractors

Name Type Amount Eligibility Terms Source How to Apply

SB

A P

rog

ram

s

Paycheck Protection Program

Forgivable Loan

Determined by formula based on average monthly payroll cost. Maximum loan amount is $10 million.

Any business under 500 employees or that meets the size standard of employees established by the SBA for the industry in which the business operates. Recipients must have been in operation on February 15, 2020.

Forgiveness: Loan forgiveness will be provided for the sum of documented payroll costs, mortgage interest payments, rent payments, and utilities over the 8-week period after loan is made. 75% of the forgiven amount must be for payroll costs. Forgiveness will be reduced if full-time headcount declines or if salaries and wages decrease. Terms: Any principal and interest that is not forgiven can be deferred for 6 months after disbursement of the loan. Loan has a maturity of 2 years and interest rate of 1%.

Find participating lenders here.

Borrowers must submit a loan application to a participating lender by June 30, 2020. The application can be found here.

Economic Injury Disaster Loan (EIDL)

Loan Determined by actual economic injury and financial needs. Maximum loan amount is $2 million.

Any business under 500 employees or meets the size standard of employees established by the SBA for the industry in which the business operates. Recipients must have been in operation on January 31, 2020.

Maturity of up to 30 years with interest rate up to 3.75%. SBA Borrowers can apply for the EIDL loan and advance(described below) electronically with one application on the SBA website here.

Economic Injury Disaster Loan (EIDL) Advance

Grant Up to $10,000 Any business applying for an EIDL Loan (described above).

Loan advance will not need to be repaid. SBA Borrowers can apply for the EIDL loan and advance electronically with one application on the SBA website here.

Express Bridge Loan Pilot Program

Loan Up to $25,000 Any business that currently has a relationship with an SBA Express Lender

To be used in the event that a small business is in need of urgent cash while waiting for decision and disbursement on an EIDL. This will be repaid in full or in part by proceeds from the EIDL loan.

SBA Borrowers can apply up till March 13, 2021 with their SBA express lender. Program guidelines can be found here.

Small Business Debt Relief Program

Debt Deferral N/A Businesses with existing and new SBA Loans

The SBA will automatically pay the principal, interest, and fees of current 7(a), 504, and microloans and new 7(a), 504, and microloans issued prior to September 27, 2020.

SBA No action is required to receive this benefit.

Un

em

plo

ym

en

t

Insu

ran

ce

Pandemic Unemployment Assistance

Unemployment benefits

Initial payments of $167 per week with the additional $600 per week added for March 29-July 25. Payments revert back to $167 from July 26 – Dec 26.

Business owners, self employed individuals and independent contractors

Benefits are retroactive to weeks starting on or after February 2, 2020. Payments are being made in (3) phases. Benefits will last for 39 weeks and are currently set to expire at the end of December. Applicants will be asked to self-declare their income for 2019.

EDD Program guidelines and information on how to file a claim can be found here.

Cali

forn

ia S

tate

(G

O-B

IZ)

Pro

gra

ms

California Disaster Relief Loan Guarantee Program

Loan Maximum loan amount not specified.

Business must have 1- 750 employees that have been negatively impacted by COVID-19. Some nonprofits are also eligible.

Varies by lender. The loan is guaranteed up to 7 years and covers 95% of loans.

The list of participating lenders is fluid and changing. Visit the program website here to find an updated list of participating lenders.

Contact a participating lender to enroll.

California Capital Access Program (CalCAP)

Loan Maximum loan amount is $5 million.

Business must have 1- 500 employees and be classified as a small business per SBA Guidelines. The business and at least 51% of employees or its income, sales, or payroll must come from business in California.

Varies by lender. CalCAP provides 100% coverage on certain loan defaults

A list of participating lenders can be found here.

Contact a participating lender to enroll.

Page 69: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 1 of 5

COVID-19 Fiscal Impact

Agency: City of Belmont

Staff Contact: Thomas Fil, Finance Department, (650) 595-7435, [email protected]

Agenda Title: Preliminary COVID-19 Fiscal Impact

Agenda Action: Informational Update

Recommendation

Receive preliminary COVID-19 fiscal impact informational update report.

Background

Unlike prior recessions, the one brought on by the COVID-19 pandemic has resulted in deeper, more

immediate economic and social impacts. Fortunately, Belmont was in a healthy position prior to the onset

of COVID-19 and, as a result, is more resilient than many other cities. Funds have been set aside, capacity

built, and the City’s strong financial foundation will aid in weathering this financial crisis.

The League of California Cities estimates that the state-wide projected revenue shortfall is $7B. Exclusive

of the City and County of San Francisco, cities are estimated to have revenue shortfalls of $5B. Drilling

down further, initial projections are that sales tax is expected to decrease by -57%, transient occupancy

tax by -27%, gas tax by -20%, and business licenses/parking citations/property transfer taxes and other

revenues by -16%. On average, as a percentage of budget, cities are expected to see overall revenue

declines ranging from -5% to -20% range. Moreover, cities expect severe declines in their reserves in the

-40% range.

The impact of COVID-19 affects different cities based on their respective revenue mix.

Analysis

In Belmont’s case, we anticipate experiencing a wider range of impacts than other cities, primarily due to

our dependence upon a volatile sales tax and a sizeable transient occupancy tax base, which accounts for

nearly ⅓ of the General Fund revenues. Based on the most recent estimates, which remain preliminary

and will be further refined over time, the City is bracing for a potential -8% shortfall in overall revenues.

In dollars, that amounts to more than -$9M, realized over the balance of FY 2020 and the first six months

of FY 2021, i.e. through December 31, 2020. While these amounts are improved from a prior preliminary

estimate of over -$20M, they are still significant and could potentially grow further if such circumstances

as Shelter-in-Place orders continue in the County or the City experiences a second wave of COVID

exposures.

Consequently, it is likely that we are going to see impacts to our service levels, given the significance and

timing of our shortfalls and the related disruption to our cash flows. Like most cities, Belmont will need

substantial financial support to weather the COVID-19 storm.

Meeting Date: May 12, 2020

STAFF REPORT

Page 70: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 2 of 5

COVID-19 Fiscal Impact

Tax Extensions, Deferrals and Other Implications through FY 2021 –

The Governor issued an executive order providing for a 90-day extension for the remittance of the first

quarter sales taxes. Those sales taxes are now due on July 31, 2020 if the gross amount collected is less

than $1M. The impact of this action is likely to result in a reduction of between -15% to -44% in sales tax.

Belmont initially expected a slightly higher impact of -50% in sales tax, largely driven by the

concentration of sales from one large sales tax producer, but upon further analysis and in consultation with

the City’s revenue experts, HdL, the City believes the impact could be closer to -7% because of

improvements anticipated in the latter part of the fiscal year. It is important to note that actual results will

not be released until well after July 31st and could vary significantly from the above.

The League estimates a reduction of -20% in gas tax revenues. By comparison, Belmont, initially expected

to see reductions in the -25% range; however, due to a key component of revenue used for street

maintenance that is tied to a property tax agreement with the County, overall reductions in gas tax revenues

are expected to be mitigated and anticipated to be closer to -2%.

The more concerning impact is in transient occupancy tax, where Belmont initially expected a -67%

decline as compared to -27% state-wide projection. Belmont’s reliance on the high-tech occupancies

where teleworking is prevalent is problematic. Regrettably, it is now anticipated that the revenue reduction

will last longer, and the revised percentage is -69%.

All told, Belmont’s anticipated reductions for economic-driven revenues is estimated to between -69% on

the high-end to -2% on low-end.

1,696,997

2,492,600

6,685,520

9,631,617

1,307,624 -25%

-30%

-33%

-58%

-25%1,272,748

1,753,610

4,479,298 4,091,027

980,718

-

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

8,000,000

9,000,000

10,000,000

TOTALINTERGOVERNMENTAL

TOTAL LICENSES ANDPERMITS

TOTAL SERVICECHARGES

TOTAL TAXES TOTAL USE OF MONEYAND PROPERTY

COVID-19 Preliminary Revenue Shortfall Impact

Fiscal Year2020

ImpactedRevenue

Page 71: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 3 of 5

COVID-19 Fiscal Impact

Impact to Services –

While COVID-19 has created some unanticipated expenses from such activities as disinfecting

workspaces and operations, purchasing personal protective equipment, technology upgrades, overtime,

etc., as can be gleaned from above, the real impact is from loss of revenue. In Belmont’s case, the disparity

caused by COVID-19 could result in as much as -$2M per month from normal operations at the peak. By

comparison, the City’s net payroll is $1M per month. Budget cuts alone will not make up the difference.

Again, these are preliminary estimates and much of this information will not be known or confirmed until

months later when the actual results are released.

The City is facing an unprecedented challenge with COVID-19. While there is hope the impacts will be

short-term, hope is not a plan and departments have been urged to think about impacts given the potential

for long-term exposure, such that a Corrective Action Plan will be necessary, understanding that COVID-

19 impacts are inevitable. As discussed further below, departments have been encouraged to take steps

immediately, using their discretion, to slow down the pace of their current fiscal year expenditures.

Comparison of Impacts

League of California Cities

City of Belmont

90% same-size cities report drastic revenue losses

Core services facing significant impact • Fire • Police • Planning/Housing

Immediate impact to core revenue sources • Sales Tax • Transient Occupancy Tax • Property Transfer Tax

✓ + Service Charges, Gas Tax & Business License

Staggering impact on city workforce ✓

Actions Already Taken –

Along with the City’s existing culture of frugality, since the onset of the pandemic, departments have

taken a series of actions to mitigate the financial effects of the revenue shortfall to the City. Those actions

included, but were not limited to, placing a chill on expenditures, winding down paid administrative leave

for furloughed employees, extending terms on payments to vendors and delaying and cancelling programs

and projects, in an effort to limit the use of reserves.

Page 72: NOTICE OF SPECIAL MEETING Tuesday, May 12, 2020 6:15 p.m

Page 4 of 5

COVID-19 Fiscal Impact

Further Corrective Actions will be Policy Based –

Belmont follows best practices and the City’s budget policies and directives prescribe that the budget be

balanced and a prudent level of reserves be maintained. To the extent possible, it’s expected that users pay

for the full cost of the service provided, and that a contingency shall be established for unforeseen events.

The Proposed FY 2021 Budget will follow these practices.

By applying these policies to the current financial condition the following actions have already been taken

during the preparation of the budget, which will aid in withstanding the financial impacts of the COVID-

19 pandemic:

• A Corrective Action Plan will be provided to Council with options to address the financial impacts

being experienced now, as well as those to come

• As an initial basis upon which each department is to begin developing revenue shortfall strategies,

a $1.5M targeted corrective action objective has been requested from the departments

Departments were advised that strategies must be realistic, sustainable in the mid-term and implementable.

Along with reductions, new revenue opportunities will also be considered, explored and proposed. Short-

term reductions (e.g. postponing maintenance) that hinder the City’s future capacity to operate efficiently

and productively will not yield net savings and, as such, are not be considered. Best practice strategies

from GFOA were circulated and included such topics on:

1) Pooling Resources and Partnering

2) Reducing Personnel Costs

3) Reducing Capital Spending

4) Reducing Materials or Contractor Costs

5) Creating More Advantageous Inflows and Outflows of Cash

6) Obtaining New Resources

What Belmont Needs from its State and Federal Governments –

Direct and flexible assistance is needed to address this significant budget impact. To be more specific,

Belmont needs an allocation of the CARES Act funding, as it did not qualify on its own for a direct

allocation in prior stimulus packages. Lastly, a short-term financing vehicle to support our cash flow needs

will be of key importance and is essential to the City’s recovery.

Next Steps –

As part of the City’s FY 2021 Budget submission at the May 26th Council Meeting, staff will propose

using a combination of reserves, reductions and revenues to address the COVID-19 crisis.

For instance, the General Fund reported $12.3M in reserves as of March 2020. There are additional

reserves in other funds, as well, which will be used. However, reserves alone will not address the estimated

revenue shortfall. Therefore, some level of reduction will be necessary to balance the Budget. Staff is in

the process of determining the extent of those reductions that will be necessary to implement. Furthermore,

staff is investigating new revenues to address the balance of the anticipated shortfall. The most likely of

those new revenues will be proceeds from a loan and the City has begun preliminary efforts to seek bridge

financing. This solution requires a pledge of repayment, hence the need for a sustainable package of

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COVID-19 Fiscal Impact

corrective measures and part of the rationale for the $1.5M target corrective action.

In the event there are revenues forthcoming from either the federal or state government, then the amount

needed from a loan can be redressed.

Lastly, the financial impacts of the COVID-19 crisis will take many months, perhaps years, to unfold. The

FY 2021 Budget submission will be the first of several corrective actions expected to address the

challenge. Plans will be refined, as needed, as new information presents itself. It is precisely why, in times

like this, the City follows best practices with the release of early Annual Audit results and the preparation

of a comprehensive Mid-Year Review. These milestones and more will be used to assess if the City is on

the right path and if further efforts are needed to address the COVID-19 pandemic and its impacts.

Alternatives

1. Take no action.

2. Provide direction to staff.

Fiscal Impact

No Impact/Not Applicable

Funding Source Confirmed:

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda

Staff Council Vision/Priority Other*

Citizen Initiated Discretionary Action

Other* Plan Implementation*

RevenuesReductionsReserves

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Agency: City of Belmont Staff Contact: Damon DiDonato, Community Development Department, (650) 637-2908;

[email protected]

Agenda Title: Amendments to Sections 2 (Definitions), 4 (Residential), 5A (Corridor Mixed Use), and 13 (Design Review) of the Belmont Zoning Ordinance (Ord. No. 360), related to objective design standards, and the development review process for housing and mixed-use development projects; CEQA: Statutory Exemption, Section 15061(b)(3)

Agenda Action: Ordinance (First Reading)

Recommendation Read the title, waive further reading, and introduce ordinance.

Summary Amendments to the Belmont Zoning Ordinance (BZO) are proposed for compliance with state housing laws. In addition, amendments to the BZO are recommended by staff to facilitate the production of housing, streamline the development and design review processes, eliminate out-of-date references, and remove discrepancies between BZO sections. Background October 2019 – California Governor Gavin Newsom signed into state law a housing package comprised of approximately twenty bills that went into effect on January 1, 2020. January 2020 – The City Council received a presentation on new housing laws, and directed staff to proceed with priority action items to ensure ongoing compliance with state housing law. In part, this direction included taking actions for compliance with SB 330 (Housing Crisis Act). The intent of SB330 is to streamline housing projects that are subject to discretionary review under local zoning laws. A summary of SB330 is provided in Attachment C. The status of priority actions for the implementation of SB330 is provided in the following table.

SB330 - Priority Actions Status Create a development checklist for qualifying residential projects and create a preliminary application form under SB 330. Complete 1

Update development application forms to include all information needed to determine historic significance and replacement housing obligations under SB 330; also ensure that forms include all information needed from applicants.

In Process 2

Update procedures and educate all staff on new processes and requirements related to SB 330; develop process for tracking preliminary applications and number of public meetings for affected projects.

In Process 3

Meeting Date: May 12, 2020

STAFF REPORT

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Table Notes: 1. Planning staff has created an SB330 Preliminary Application Checklist; this application has

been posted on the City’s website, along with a SB330 Information & Process Handout. 2. Planning staff is in the process of updating application forms for complex projects (i.e., large

housing and mixed-use development projects), and will include all information needed to determine historic significance and replacement housing obligations under SB 330, as part of this effort.

3. Development review staff has been educated regarding the process for review of applications received under SB330, and Planning staff will track preliminary applications using the City’s permit tracking system. The update of procedures for review of qualifying housing project under SB330 requires amendments to the Belmont Zoning Ordinance, which are discussed below.

PROJECT DESCRIPTION The rationale for the proposed amendments, and a general description of the amendments are provided below. A draft ordinance, and the proposed amendments to BZO Sections 2, 4, 5A, and 13 (with recommended modifications in track changes) are provided in Attachments A, and B, respectively. The amendments to the BZO can be grouped into three broad categories, including amendments that would: 1) Update the BZO for consistency with state law, including SB330 (Housing Crisis Act) and AB678 and SB167 (Housing Accountably Act); 2) Amend the BZO to facilitate the production of housing, and streamline the development and design review processes; and 3) Eliminate out-of-date references from the BZO, and remove discrepancies between BZO sections (i.e., conforming edits). 1) Consistency with State Law

SB330 (Housing Crisis Act) and AB678 and SB167 (Housing Accountably Act), require that local jurisdictions utilize a ministerial and streamlined process for specified housing projects; this ministerial and streamlined process requires objective development and design standards to address a variety of design concerns typically resolved during a discretionary design review process.

Government Code § 65913.4 (5) defines objective standards as: “Standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent, and the public official prior to submittal.” A Ministerial Process occurs when the actions or functions performed by the review authority are based on a given state of facts in a prescribed manner in accordance with a mandate of legal authority, without regard to, or without the exercise of, the review authority’s own judgment as to the propriety of the action being taken.

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Current BZO – Sections 4, 5A, and 13 Objective Development & Design Standards: The zoning districts that allow housing within the Belmont Village Specific Plan Area (BVSP) include both objective development and design standards; however, the R-3, R-4, and R-5 multi-family residential zoning districts identified in BZO Section 4 (Residential) are outside of the BVSP Area, and do not include objective design standards. BZO Section 5A CMU - (Corridor Mixed Use) includes some objective design standards, but they are not sufficient in type or number to positively influence project design. Thus, modifications to both Sections 4 and 5A are required to ensure good design, particularly for ministerial housing development projects. BZO Amendments – Sections 4, 5A, & 13 Objective Design Standards: The proposed BZO Amendments include objective design standards for residential, and mixed-use development projects, which are required of commercial, multi-family residential and mixed-use projects (Sections 4 and 5A) as part of the Design Review process (Section 13). Planning staff selected the types of objective design standards, and specific building design standards using the following processes: • Types of Objective Design Standards - In order to determine which type of design

standards would be appropriate in the subject zoning districts, planning staff considered: 1) the intent/purpose of the subject districts; 2) permitted and conditionally permitted uses within the districts; 3) the existing and future development patterns within the districts (i.e., layout of buildings, circulation patterns, public views and vantage points, surrounding uses, etc.); and 4) the potential aesthetic impacts of development (i.e., the potential impact of unscreened refuse areas, and roof-top mechanical equipment).

• Specific Building Design Standards - In order to determine specific building design

standards for residential and mixed-use buildings, planning staff considered: 1) specific, objective building design standards that were adopted in the BVSP Area, which have not proven to be problematic for developers; 2) objective building design standards adopted in surrounding jurisdictions, and the Bay Area; and 3) the building designs of recently approved Belmont projects, and the designs of buildings that were constructed relatively recently in surrounding jurisdictions, and the Bay Area. It should be noted that consideration of recently approved or constructed buildings was especially useful, as it indicted that the building design standards were feasible and would not impede the construction of housing. In addition, viewing constructed buildings allowed staff to determine which building design standards were the most effective. For example, staff could clearly see the effect of building wall articulation at various measurements, and found that articulations (recessions or projections) of less than one foot were not effective at visually breaking up the mass of large building walls.

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Current BZO – Section 13 Ministerial Process: BZO Section 13 (Design Review) does not include a ministerial process for review of qualified housing projects. In addition, the current system of Design Review includes an open-ended list of general design review “Principles” that are mostly based on subjective standards, or are largely left undefined. For example, the Design Review Principles in BZO Section 13 currently include review of development projects for harmony with adjacent development, relationship to adjacent architectural or natural elements, and relationship to the community as a whole. None of these current Design Review Principles are measurable, and there are no methods for review authorities to determine their exact meaning. BZO Amendments – Section 13 Ministerial Process: In accordance with the requirements of state law, a ministerial process for review of qualifying housing development projects has been included in BZO Section 13 (Design Review). The required findings read in the negative, as the review authority is required to approve the project unless the findings can be made (see excerpt below).

. (a) The reviewing body must approve or conditionally approve Design Review for a

project that is defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2) unless it makes one of the following findings supported by a preponderance of the evidence in the record:

(1) The project does not comply with all applicable objective general plan, zoning, subdivision and development standards including objective design review standards.

(2) The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density.

For the purposes of Finding 2, Government Code § 65589.5 (j) (1) (A), defines a specific adverse impact, as follows:

“A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.”

2) Facilitate the Production of Housing

The previously discussed objective design standards facilitate the production of new housing by adding greater certainty into the development review process. In addition, objective design standards streamline the Design Review process by ensuring that important design concepts will be considered by design professionals in advance of application submittals; however, staff is recommending additional measures to facilitate the production of housing, which are discussed below.

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Current BZO – Section 4 Density for New Construction: Multi-family residential districts currently permit the new construction of single-family homes. Allowing new single-family homes to be constructed in multi-family districts reduces the overall potential for the construction of housing, as it allows for the construction of new housing at a much lower density than could otherwise be built. BZO Amendments – Section 4 Density for New Construction: Amendments are proposed to Section 4 (Residential) that would require that new housing on multi-family lots meet the minimum density permitted within the district, provided that a Variance is not required. This provision is recommended to only apply to new housing on vacant lots, and in situations when an existing single-family home on a multi-family lot is voluntarily demolished. In other situations, the City’s non-conforming use provisions would govern. Current BZO – Section 4 Multi-Family Housing – “by right”: Multi-family districts currently require a Conditional Use Permit (CUP) for new multi-family housing construction. Requiring a CUP to construct multi-family homes in a multi-family residential district is not consistent with the intent of state law to promote the production of housing, as it adds uncertainty into the development review process for developers and their financiers. Given this uncertainty, developers may choose not to propose new housing projects in Belmont, and instead propose new housing in jurisdictions where multi-family housing is a “by right” use in multi-family districts. BZO Amendments – Section 4 Multi-Family Housing – “by right”: Amendments are proposed that would eliminate the requirement for a CUP for new multi-family housing construction within multi-family districts. Current BZO – Section 5A CUP Guidance & Affordable Housing: Ground floor residential uses in the CMU District require a CUP. This is a typical requirement in a mixed-use district where ground floor retail, commercial and restaurant uses are desired. BZO Section 5A.1.3(M), provides the following guidance for applicants seeking a CUP to allow for ground floor residential uses:

“Multi-family dwellings on the ground floor, with a determination by the Planning Commission that a single use building is appropriate for the site and is setback at least 10 feet from the front and street side lot lines.”

The word “appropriate” is unclear as to its meaning, and may be a cause of uncertainty for housing developers that are relying on ground floor residential uses as part of their project. In addition, it may be more beneficial overall for the City if certain projects include ground floor residential uses, particularly if the additional housing is affordable.

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BZO Amendments – Section 5A CUP Guidance & Affordable Housing: Amendments are proposed that would provide more specific criteria to determine if ground floor residential uses are appropriate, including a provision that allows consideration of ground floor residential uses when the project includes a large amount of affordable housing. Staff is recommending twice the amount of affordable housing than is required by the City’s inclusionary housing ordinance. An excerpt of the modified section is provided below:

In determining whether a single use building is appropriate for the site, the Commission shall consider whether:

(1) The layout and street orientation of the projects site, and the parking, circulation and traffic pattern for the project are conducive for the operation of ground floor commercial, retail or restaurant uses.

(2) The project would be replacing an existing retail or restaurant use on site.

(3) There are existing commercial, retail, or restaurant uses within ¼ mile of the project site that would meet the needs of the building occupants.

(4) The project would provide 30% or more units of affordable housing.

Current BZO – Section 13 Review Authority: The Planning Commission (PC) is currently the Design Review authority for all multi-family residential, commercial, and mixed-use projects that include an addition of floor area. However, the PC level of Design Review is inconsistent with the scope and potential aesthetic impacts of many projects, and is mostly unnecessary with the adoption of objective design standards. In addition, the PC Design Review process is longer and potentially more expensive for applicants, which may deter smaller developers from proposing projects. The deterrence to smaller housing developers is of particular concern: Belmont has numerous single-story commercial buildings in the CMU District that could accommodate small upper-floor additions of housing, and these smaller, incremental increases in housing have the potential to substantially add to the City’s housing stock, over time. BZO Amendments – Section 13 Review Authority: Amendments are proposed that would change the Design Review approval authority from the Planning Commission to the Zoning Administrator (ZA) for additions to commercial, multi-family residential, and mixed-use buildings. The Planning Commission (PC) would remain the approval authority for all new buildings, and the ZA would have the discretion to refer building additions and modifications to the PC if it would be more appropriate and beneficial to have a higher level of review for the project. Examples of when this may occur would include: 1) very large additions, and substantial building alterations; 2) projects near City gateways, or in highly visible corner locations; 3) projects that require environmental review; and 4) projects that include consideration of a public plaza, art piece, or mural.

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It should be noted that the proposed ZA level Design Review process would still include provisions for the notification of surrounding property owners within 300 feet of a project site, opportunities to request a meeting, and the ability of the applicant and surrounding property owners within 300 feet to appeal the ZA decision.

3) Conforming Edits Numerous other edits are proposed to eliminate out-of-date references, and conform changes between sections, including: • Modification to the definition of multi-family projects two or more units to three or more

units (Section 2). • Elimination of references to the Downtown Specific Plan (DTSP) from Section 4

(Residential). The DTSP was replaced by the BVSP. • Modification to the Purpose of Section 13 (Design Review) for consistency with the other

proposed changes to this section. • Update to the landscaping standards identified in Section 13 (Design Review) to address

the requirements of the Water Efficiency in Landscaping Ordinance (WELO) and Vegetation Management Plans (VMPs).

• Removal of the requirements for extensions of permits from Section 13 (Design Review)

that are now addressed in Section 10 (Procedures). • Referencing permitted encroachments associated with the building height limit for roof top

screening measures in Sections 4 (Residential) and 5A (Corridor Mixed Use). ZONING ORDINANCE AMENDMENT BZO Section 16.1.2(d)(2) indicates that the City Council may amend any zoning regulation if the amendment is consistent with the General Plan and any applicable specific plan. A complete General Plan consistency analysis is provided as an attachment to this report (see Attachment D). Relevant Goals and Policies from the City’s 2015-2023 Housing Element are discussed below. Belmont Housing Element - (2015-2023) Housing Production

Goal 2: Facilitate the development of a variety of housing types at appropriate locations. Policy 2.1 Provide residential sites through land use, zoning, and specific plan designations to encourage a broad range of housing opportunities. Policy 2.2 Facilitate the production of affordable housing through appropriate land use designations and flexible development standards.

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Belmont Housing Element - (2015-2023)

Removal of Government Constraints Goal 4: Where appropriate, mitigate unnecessary governmental constraints to the maintenance, improvement, and development of housing.

Policy 4.1 Periodically review the City’s regulations, ordinances, and fees and exactions to ensure they do not unduly constrain the production, maintenance, and improvement of housing.

Policy 4.2 Offer regulatory incentives and concessions for affordable housing, such as exceptions to development standards, density bonuses, or fee waivers where deemed to be appropriate.

Policy 4.3 Provide for streamlined, timely, and coordinated processing of residential projects to minimize holding costs and encourage housing production.

Program 4.7: Multi-Family Development. In order to reduce uncertainty in the development review process, the City will consider modifying or removing the CUP requirement for new multi-family development projects in high-density residential zones. Action 1: When multi-family residential and mixed-use development design guidelines are adopted, amend the Zoning Ordinance to remove the conditional use permit requirement for multi-family development projects in high-density residential or mixed-use zones.

Determination & Discussion: Consistent. The BZO would be amended to facilitate the production of housing, streamline the development review process, and mitigate unnecessary governmental constraints to the maintenance, improvement, and development of housing. The amendments include: 1) Objective design standards for the review of multi-family housing and mixed use projects; 2) A ministerial design review process for qualifying housing development projects; 3) Elimination of the requirement for a CUP for new multi-family housing construction within multi-family districts; 4) A requirement that new housing on multi-family lots meet the minimum density permitted within the district; 5) Specific criteria to determine if ground floor residential uses are appropriate, including a provision that allows consideration of ground floor residential uses when the project includes a large amount of affordable housing; and 6) Zoning Administrator review of floor area additions for housing in multi-family residential and mixed-use districts.

Conclusion – General Plan Analysis As provided within this report and its attachments, staff recommends that the proposed Zone Text Amendments would be consistent with all applicable policies of the General Plan and the Belmont Village Specific Plan. Environmental Clearance The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment and are not subject to CEQA

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review. The amendments proposed will preserve and enhance aesthetic resources and each of the proposed amendments is necessary to conform the Code to State law, and any conceivable impact of the proposed amendments would be speculative in the absence of specific development proposals. Alternatives 1. Refer back to staff for additional information. 2. Take No Action. Attachments A. Draft City Council Ordinance introducing Text Amendments (First Reading) B. Redline BZO Sections with Recommendations C. Summary of Housing Law – SB330 D. General Plan Consistency Analysis Fiscal Impact

No Impact/Not Applicable: Funding Source Confirmed:

Source: Purpose: Public Outreach:

Council Statutory/Contractual Requirement Posting of Agenda Staff Council Vision/Priority Other* Citizen Initiated Discretionary Action Other Plan Implementation

* ** E-Notification of agendas; Public notice posting as part of the anticipated June 23, 2020 Public Hearing for this item.

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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BELMONT AMENDING DESIGN REVIEW,

LANDSCAPE, AND MULTIFAMILY USE AND DEVELOPMENT REGULATIONS IN

THE BELMONT ZONING ORDINANCE (ORDINANCE NO. 360)

THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. BZO §13 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 13 is amended to read:

SECTION 13 - DESIGN REVIEW

13.1 PURPOSE.

(a) The regulations in Section 13 establish site plan and architectural design review

processes for multi-family (three or more units), commercial and mixed uses that ensure

development is attractively designed, potential aesthetic impacts are mitigated, and

property owners have predictable design approval standards for development that are consistent with the location’s planning framework. The multi-family and commercial

design review processes in this Section do not apply to single family and duplex

residential dwellings and their accessory structures which are governed by the process in

Section 13A.

(b) The Design Review entitlement is focused on form and appearance. It is not a Use Permit

which focuses on the compatibility of land uses.

13.2 DESIGN REVIEW REQUIREMENT

13.2.1 SCOPE

(a) Design Review approval under Section 13 (“Design Review”) is required for all new

structures and exterior alteration of structures not governed by Section 13A and Section

24.

(b) “Exterior alteration” includes replacing elements such as windows or doors and

repainting or refinishing with design, elements, materials or colors different than

previously approved.

13.2.2 REQUEST FOR DESIGN REVIEW

(a) Mandatory Pre-Application Meeting. A Design Review applicant must complete a pre-application meeting with planning staff before submitting an application for projects

requiring Zoning Administrator, Planning Commission, or City Council approval.

(b) Application. To initiate Design Review, an applicant must submit an application in

compliance with Section 10.4.

13.3 LANDSCAPE STANDARDS. The landscape standards under Section 13.3 apply to projects

subject to Design Review unless the standards governing the particular use or district provide

otherwise.

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13.3.1 PROJECT REQUIREMENTS

(a) Landscape design features must occupy at least 10% of the gross site area unless the

district regulations specify otherwise.

(b) Required landscape design features must consist of one or more of the following:

(1) Plantings of live plant materials.

(2) Large-scale sculptures, fountains and similar urban art related to building design.

(3) Specially designed plazas, courtyards, sitting areas or walkways.

(c) For new or substantially altered landscape plans, preferred tree and plant species identified in the City’s preferred tree species list and the Green Infrastructure Plan, as

applicable, must comprise at least 75% of the overall planting materials, except as

required to meet water efficiency and vegetation management requirements. For the purposes of this subsection, “substantial alteration” means altering more than 50% of the

site’s total landscape area.

(d) Landscape plans must be consistent with the Water Efficiency in Landscape Ordinance

(WELO), adopted by the City’s water provider, Mid-Peninsula Water District (MPWD),

as applicable.

(e) Unless specifically exempted by the Fire Marshal, properties within high or very high

fire hazard severity zones must include vegetation management plans (VMP), as part of

the landscape plan submittals.

(f) All landscaped areas including, but not limited to, lawns, shrub areas, ground cover areas,

tree wells and raised or on grade planters must be equipped with a complete underground

irrigation system.

(1) The system must be operated by an automatic time clock when the number of

sprinkler control valves is five or more.

(2) When the landscaped areas are small or of such design as to warrant, in the judgment of the Community Development Director, the irrigation of all or some planting areas

may be accomplished by quick coupler valves or hose bibs.

(g) All new surface parking lots must include landscaping and screening consistent with

Sections 8A2.3(j) and 8A2.3(l), respectively.

13.3.2 LANDSCAPE PLANS.

(a) All landscape plans must be prepared by a landscape architect licensed by the State of

California except for total landscaped areas of not more than 500 square feet.

(b) Landscape plans must show the existing and proposed features and information described

below.

(1) Existing Features

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(A) The location of existing trees, their common and botanical name, size, condition,

disposition.

(B) Other natural features proposed to be retained on the site.

(2) Proposed Features.

(A) The location and design of proposed landscaped areas and the varieties of plant

materials to be planted therein and all other landscape features.

(B) A complete description of materials, designs and colors for proposed features

other than live plant materials.

(C) A planting pallet or table that lists the number of a particular type of plant,

whether the plant is California native or locally acclimated, and the level of

drought tolerance.

13.3.3 CONSTRUCTION PLANS. Adequate and appropriate irrigation construction plans, and

specifications must be submitted as part of the building permit application unless the project

is found by the Community Development Director to be small in scope and can be adequately

described in written form.

13.3.4 MAINTENANCE. The applicant and property owner are responsible for maintenance of

approved landscapes as follows.

(a) All new plantings of live plant material must be sufficient and properly irrigated.

(b) Diseased or dead plant materials must be replaced where the installation of such plant

material was provided for in the application.

(c) All existing landscape design features to remain, and new proposed landscape features

must be maintained in a viable and operable condition.

(d) Trees to be retained must be protected against injury during construction. Tree protection

methods as outlined in " the City of Belmont Standard Tree Protection Measures," or as

recommended by the project arborist and approved by the Community Development

Director must be followed.

13.4 REVIEW PROCEDURE

13.4.1 Reviewing Authority. The Design Review entitlement reviewing authority for projects within

the scope of Section 13.2 is specified in Table 13.4.

Table 13.4 - Design Review (DR) Authority Thresholds.

Project Characteristics Reviewing Authority

• Replacement, relocation, and addition of windows, doors, awnings,

and other minor modifications not adding floor area.

• Repainting of building exteriors, and modifications to previously

approved exterior colors.

Community

Development

Department (CDD)

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Project Characteristics Reviewing Authority

• Modifications to landscaping and exterior lighting plans.

• New Rooftop equipment and screens visible from off-site.

• Modifications to existing parking lots (reconfiguration or

expansion), not associated with expansion of the primary

commercial, multi-family or mixed-use building on site.

• Approval of signs under Section 23.11.3 in conjunction with

replacement, relocation, or addition of windows, doors, awnings, and

minor modification projects not adding floor area, which do not

constitute a substantial exterior remodel.

• Additions to principal commercial, multi-family residential and

mixed-use buildings.

• New or modified detached accessory structures on a developed

property.

• Modifications to existing parking lots (reconfiguration or

expansion) associated with ZA level entitlement.

• Modifications to circulation and parking and loading facilities for

pedestrians, bicycles and motor vehicles on a previously approved

development.

• Modifications or amendments to a Tree Removal Permit (TRP) on a previously approved development; provided however, that the

findings for approval of the TRP are made in the affirmative.

• DR with other ZA level entitlements

Zoning

Administrator (ZA)

• New principal and accessory buildings.

• Modifications to existing parking lots (reconfiguration or

expansion) associated with a PC level entitlement.

• Approval of signs under Section 23.11.3 to be located on new

buildings, building additions, or buildings undergoing substantial

exterior remodels.

• DR with other PC level entitlements

Planning Commission

(PC)

13.4.2 ZONING ADMINISTRATOR PROCEDURE.

(a) Project Notice. The Zoning Administrator gives notice of intent to take action in the

manner described in Section 10.1.3. The notice includes a general description of the project and its location in text or diagram, the proposed environmental determination and

action, and a statement that the Zoning Administrator will take action on the project

based on the written record unless an in-person meeting is requested in writing within 10

days of the project notice date by a property owner within 300 feet of the project site.

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(b) Meetings. If requested, the Zoning Administrator gives notice of in-person meetings in

the same manner as project notice.

(c) Project Determination. The Zoning Administrator makes a Design Review entitlement

determination after the project notice period expires, or if a meeting is requested, after

the meeting.

(d) Referral. At any point before making a determination, the Zoning Administrator may

refer a Design Review entitlement with a recommendation for determination to the

Planning Commission.

13.4.3 PLANNING COMMISSION PROCEDURE. The Zoning Administrator gives notice that the

Planning Commission will consider the Design Review entitlement at a meeting. The notice

is given in the manner described in Section 10.1.3 and contains the information described in

Section 10.1.5(a) for the project and meeting.

13.4.4 APPEALS.

(a) Design Review entitlement decisions are government by Section 10.11 except as follows.

(b) For CDD determinations, the applicant may appeal a Design Review determination to the Planning Commission. A decision on review by the Planning Commission is final

unless appealed by the applicant.

(c) For ZA determinations, the applicant and a property owner within 300 feet of the project site may appeal the determination to the Planning Commission. The Planning

Commission may either affirm the underlying determination or forward the appeal to the

City Council with a recommendation to approve, approve with conditions, or deny the

project.

(d) The City Council finds that ordinarily Design Review determinations at the CDD level

shown in Table 13.4 do not have the potential to substantially or significantly adversely

affect the property rights of other property owners, and that Design Review determinations at the ZA level shown in Table 13.4 do not have the potential to

substantially or significantly adversely affect the property rights of other property owners

beyond neighboring property owners. The City Manager, in consultation with the City Attorney, may expand the scope of notice and opportunity to appeal from CDD or ZA

level determinations if necessary due to facts peculiar to the proposed project to provide

due process.

13.5 STANDARDS FOR APPROVAL

13.5.1 HOUSING DEVELOPMENT PROJECTS.

(a) The reviewing body must approve or conditionally approve Design Review for a project

that is defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) unless it makes one of the following findings

supported by a preponderance of the evidence in the record:

(1) The project does not comply with all applicable objective general plan, zoning,

subdivision and development standards including objective design review standards.

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(2) The project would result in a specific adverse impact to public health and safety that

cannot be feasibly mitigated without denying the project or reducing its density.

(b) As used in subsection (a), a “specific, adverse impact” is defined by Government Code

Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact,

based on objective, identified written public health or safety standards, policies, or

conditions as they existed on the date the application was deemed complete.

13.5.2 OTHER DEVELOPMENT PROJECTS. The reviewing body may approve or conditionally

approve Design Review for a project that is not defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) if it makes the

following findings:

(a) City staff and consultants have provided technical review and conditions of approval are included, as applicable, regarding project-related traffic, parking, grading, drainage,

storm-water runoff, sanitary sewer impacts, vehicular and pedestrian access, site

circulation, site stability, structural encroachments, and construction impacts.

(b) The project is consistent with the landscape standards under Sections 13.3.1 as

applicable.

(c) The project is consistent with the development standards in the underlying zoning

district.

(d) The project is consistent with the objective design standards in Section 13.6 as

applicable.

13.6 OBJECTIVE DESIGN STANDARDS. The objective design standards under Section 13.6 apply to new or substantially modified buildings within the scope of Section 13.2 unless the

regulations for the particular use or district provide otherwise. For the purposes of this

Section, a substantial modification means an addition of, or an alteration to, more than 50%

of exterior building walls of the existing building.

13.6.1 GENERAL DESIGN STANDARDS

(a) Building Design.

(1) Buildings shall carry the same design theme on all elevations. For the purposes of this design standard, a theme includes primary (non-accent) materials and colors.

Except in cases when the entire building is remodeled, building renovations and

additions shall be consistent with the original structure in form, style, materials, and

colors.

(2) Affordable units and market rate units in the same development shall be constructed

of the same or similar exterior materials and details such that the units are not

distinguishable.

(3) Buildings of three stories or greater must provide a ground floor elevation that is

distinctive from the upper stories by providing a material change between the first

floor and upper floors along at least 75% of the building façade with frontage upon

a street, adjacent public park or public open space.

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(4) Buildings of two stories or greater must include one or more articulating features (offsets, recesses, or projections) above the ground floor of the building for at least

50% of the primary frontage and corner street side frontage, and if a multifamily

building in an R district also on elevations visible from the public right-of-way,

public park or public open space. The distance between features shall be no greater than 25 feet. When used, the minimum length and depth of these features shall be as

follows:

(A) Projection, offset, or recess of the building wall must be at least one foot in depth,

and five feet in width.

(B) Projection of bow, greenhouse or garden windows must be at least eight inches

in depth at the farthest point from the exterior walls of the building, and five feet

in width.

(C) Projection of bay windows must be at least 10 inches in depth measured at the

farthest point, and five feet in width.

(D) Projection of dormers must be at least two feet in depth measured at the farthest point from the exterior walls or roof surface of the building, and four feet in

width.

(E) Balconies and decks must be at least four feet in depth, and five feet in width.

(F) Projected or recessed covered porch areas must be at least four feet in depth and

width.

(5) Blank walls on the ground floor (facades without doors, or windows) shall be no greater than 25 feet in length along sidewalks, pedestrian walks, or publicly

accessible outdoor space areas. Such blank wall areas shall include landscape

screening (trees, shrubs, or green wall) for the entire length of the wall area at a

minimum of 50% of the height of the wall. An exception to this standard may be granted by the reviewing authority when an alternative means is proposed that would

articulate 50% or more of the affected building wall, or when a public art project or

mural is approved, which separately or together extend along the entire length of the

affected building wall.

(6) On multifamily buildings in R districts, window wall openings for garage ventilation

shall include screens that obscure the view of vehicles parked within the garage, as

seen from public vantage points.

(7) Trim surrounds of no less than one inch in depth shall be provided at all exterior

window and door openings. In lieu of exterior door and window trim, windows and

doors may be recessed from wall plane by a minimum of two inches.

(8) Belly bands, timbering and stone/brick base must be at least two inches in depth.

(9) A minimum of 5/8-inch thickness is required for panel siding. Battens are required

to be incorporated into the design for a board and batten appearance.

(10) Rooflines shall be vertically articulated at least every 50 feet along the street

frontage, through the use of architectural elements such as parapets, varying

cornices, reveals, clerestory windows, and varying roof height or form.

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(b) Roof-Top Equipment. All roof-top equipment shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks).

The point of view for determining visibility shall be 5 feet above grade at the ground

floor level of the building, as seen with normal vision. If the roof structure does not

provide this screening, an equipment screen shall be included in the building design. Said screen shall incorporate the same architectural design, colors, and materials as the

building it occupies.

(c) Ground Equipment Screening. All exterior trash, recycling, and storage utility boxes, wood service poles, and electric and gas meters shall be screened from visibility from

the surrounding public vantage points (right-of-way, public trails, open space and parks).

Said screening shall incorporate the same architectural design, colors, and materials as

the building, perimeter fencing, or landscaping.

(d) Refuse Containers. Refuse containers must be designed in accordance with the following

standards:

(1) When individual garbage cans are used, they must either fit in the garage or into a

special enclosure.

(2) When dumpsters are to be used, designers shall coordinate with the refuse pickup

provider to determine the size and number of dumpsters required.

(3) All dumpster enclosures shall be a minimum of six feet tall, and shall allow adequate

size to accommodate the needed dumpsters and recycling containers.

(4) Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties), or more than 100 feet from a residential

unit. No minimum distance from dwellings is required if dumpsters are located

within a fully enclosed room.

(e) Lighting Design. Lighting must be designed to provide the minimum lighting levels required for safety, without undue glare off-site. All exterior lighting shall include fully

cut-off fixtures in accordance with Section 2.72.1. Surface parking lot lighting shall be

consistent with Section 8A2.3(m). Flood light, up-lighting, flashing, pulsating or similar dynamic lighting shall not be used. An exception to allow for up-lighting may be

approved by the decision maker when a mural or public art project is approved that

utilizes uses up-lighting.

(f) Color of Exterior Materials. Exterior building facades, roofing materials, fences, walls, and other structures visible from public vantage points shall be muted or earth-tone

colors. Extreme colors and unpainted or untreated metallic surfaces shall not be used

when visible from public vantage points. For the purposes of this section, extreme color shall be defined as unmuted primary colors, neon colors, and metallic colors. An

exception to this standard may be approved by the reviewing authority when a mural or

other public art project is approved.

13.6.2 ADDITIONAL DESIGN STANDARDS. The standards in Section 13.6.2 apply to multi-

story, mixed-use and commercial buildings except in R and HRO districts.

(a) The primary facade, which includes the upper floors, the ground floor entrance to the

upper floors (lobby, etc.) and the supporting structural components of the upper floors which are present on the ground floor, shall carry the same design theme on all locations

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that are visible from public vantage points. For the purposes of this design standard, a theme includes materials and colors, and the design and relative location of architectural

features such as windows, doors, signage, awnings, balconies, belly bands, trim

elements, and ornamentation. Except in cases when the entire building is remodeled,

building renovations and additions, either on the building as a whole or by individual tenants, shall not remove existing significant architectural features from the primary

building façade.

(b) The secondary facade, which includes tenant designed storefronts and associated outdoor spaces may have diverse styles that will not necessarily match the architecture of the

primary façade; however, individual tenant façade designs shall not span vertically

beyond the ground floor height of the building, and there shall be elements of the secondary frontage that unify its design as provided below. Similar unifying elements

shall be incorporated in single story, multiple storefront buildings.

(1) Awnings and Marquees. When used, awnings and marquees on a multiple storefront

building need not be identical in design, but shall be located within the building elements framing storefront openings, and shall be of the same height above the

adjacent sidewalk. The rigid framework for awnings, and marquees shall be no lower

than eight feet above the sidewalk under it.

(2) Base Panel. On a multiple storefront building, a base panel shall be provided across

the entire width of the storefront bay and between the vertical elements framing the

bay for all of the storefronts within the building. The base panels shall be 30" or

lower, measured above the sidewalk

(3) Signage Band. When used, a horizontal band or frieze that could be used as a signage

band shall be incorporated at the top of all of the storefronts within a multiple

storefront building.

SECTION 2. BZO §5A.1.3 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 5A.1.3 is amended to read:

5A.1.3 CONDITIONAL USES - Subject to Section 9.5.6, the following uses are allowed with a

conditional use permit.

(a) Automobile rental agency.

(b) Auto/vehicle sales and services, including dealers and new and used car sales lots,

automobile repair services, service stations and electric vehicle charging facilities, and

vehicle washing.

(c) Banks and retail financial institutions on the ground-floor in a mixed use building, not to

exceed 3,000 square feet.

(d) Commercial amusement, entertainment, and health club enterprises, including cinemas,

indoor theaters, ice rinks, and related facilities, which may be publicly- or privately-

owned.

(e) Communication facilities, including antennas and transmission towers equipment within

buildings.

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(f) Community assembly.

(g) Day care centers.

(h) Emergency shelter only in the S-2 Emergency Shelter Combining District, in compliance

with Section 21.

(i) Group residential.

(j) Health clinics.

(k) Hospital

(l) Hotels and motels.

(m) Multi-family dwellings on the ground floor, with a determination by the Planning

Commission that a single use building is appropriate for the site and is setback at least

10 feet from the front and street side lot lines. In determining whether a single use

building is appropriate for the site, the Commission shall consider whether:

(1) The layout and street orientation of the project site, parking and circulation traffic

pattern for the project are conducive for the operation of ground floor commercial,

retail or restaurant uses.

(2) The project would be replacing an existing retail or restaurant use on site.

(3) There are existing commercial, retail, or restaurant uses within ¼ mile of the project

site that would meet the needs of the building occupants.

(4) The project would provide 30% or more units of affordable housing.

(n) Non-traditional financial institutions, including check-cashing facilities, payday lenders,

and pawn brokers.

(o) Recycling collection facilities.

(p) Restaurants that sell predominantly take-out meals or provide drive-in or drive-through

service.

(q) Social service center.

(r) Utilities and other major facilities that are determined by the Director not to be minor

and accessory to a permitted or conditional use.

SECTION 3. BZO §5A.1.11 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 5A.1.11 is amended to read:

5A.1.11 BUILDING HEIGHT.

(a) No building may exceed:

(1) 45 feet in height, or

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(2) 55 feet with community benefits as prescribed in Section 5A.2.

(b) Non-habitable building features such as chimneys (up to six feet in width), cupolas,

flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering

no more than 20% of the top floor roof area to which they are accessory, may exceed

maximum permitted height standards by eight feet.

SECTION 4. BZO §5A.1.12 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 5A.1.12 is amended to read:

5A.1.12 SITE DEVELOPMENT STANDARDS - All development shall conform to the following:

(a) Minimum lot size shall be 7,200 square feet.

(b) Minimum lot width shall be 60 feet.

(c) Minimum setback requirements: None except for ground-floor residential uses to which

the following setbacks apply: 10 feet front yard; five feet plus two feet per each additional

story above three stories, side yard; and 15 feet rear yard.

(d) Minimum upper-story horizontal setbacks for residential uses: five feet from a vertical

plane projected upward from an interior lot line; 10 feet for a bedroom or living room

window and five feet on either side of that window.

(e) Minimum ground floor height: 12 feet for non-residential space; 10 feet for residential

space.

SECTION 5. BZO §5A.1.13 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 5A.1.13 is amended to read:

5A.1.13 BUILDING DESIGN STANDARDS - All development shall conform with the objective

design standards in Section 13.6.1 and 13.6.2 as applicable and the following:

(a) Ground Floor Transparency. At least 50% of the exterior walls on the ground floor facing

and within 20 feet of a front or street side lot line shall include windows, doors, or other

openings located between 2.5 and seven feet above the level of the sidewalk.

(1) Design of Required Openings. Openings fulfilling this requirement shall have

transparent or moderately-tinted glazing and provide views into work areas, display

areas, sales areas, lobbies, or similar active spaces, or into window displays that are

at least three feet deep and five feet wide. Shading or use of drapes or other internal

window covering for energy efficiency may be approved.

(2) Exceptions for Parking Garages. Multi-level garages are not required to meet the

building transparency requirement of this subsection.

(3) Exceptions for residential uses. Ground floor residential uses are not required to

meet the building transparency requirement of this subsection.

(4) Alternatives through Design Review. Alternatives to the building transparency

requirement may be permitted through Design Review if:

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(A) The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a

cinema or theater; and,

(B) Street-facing building walls will exhibit architectural relief and detail, and will

be enhanced with landscaping in such a way as to create visual interest at the

pedestrian level.

(b) Building Entrances. The primary pedestrian access to all ground-level commercial uses

shall be from a public sidewalk. In mixed-use developments, entrances to residential units shall be physically separated from the entrance to the commercial use and clearly

marked with a physical feature such as a recess or projection incorporated into the

building or appropriately-scaled element applied to the façade.

(c) Outdoor Living Area for Residential Units. A minimum of 36 square feet per unit of

outdoor living area must be provided for residential units. This requirement may be met

by common or private open space or a combination of the two. Common areas may

consist of landscaped areas, patios, swimming pools, barbeque areas, and similar improvements designed to serve residents. Landscaped rooftop gardens may fulfill up to

50% of this requirement. Private areas may consist of balconies, decks, fenced yards, and

similar areas directly accessible from a unit.

SECTION 6. BZO §4.2.11 RENUMBERED

Belmont Zoning Ordinance (Ordinance 360) Section 4.2.11 (New Construction) is renumbered

4.2.12.

SECTION 7. BZO §4.2.10 RENUMBERED

Belmont Zoning Ordinance (Ordinance 360) Section 4.2.10 (Exceptions To Single Family Floor

Area Standards) is renumbered 4.2.11.

SECTION 8. BZO §4.2.10 ADDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.2.10 (Design Review) is added to read.

4.2.10 DESIGN REVIEW - All new construction and exterior modifications are subject to design

review under Section 13A.

SECTION 9. BZO §4.3.1 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.3.1 is amended to read:

4.3.1 PERMITTED USES

(a) Single family residences meeting R-1B development standards, in which not more than

two paying guests may be lodged and/or furnished meals.

(b) Accessory dwelling units in compliance with Section 24.

(c) Two family dwellings or duplex structures.

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(d) Accessory structures and uses located on the same site as a single family or duplex dwelling for which the use is clearly related to a single family dwelling, including the

following:

1) Garages and carports.

2) Garden structures.

3) Greenhouses.

4) Storage buildings.

5) Recreation rooms.

6) Hobby shops provided that no noisy or otherwise objectionable machinery or

equipment is used and provided that no sales are made therefrom.

7) Private swimming pools.

(e) Home occupations as defined in Section 2.68.

(f) Temporary subdivision sales offices in accordance with the provisions of Section 9 of

this Ordinance.

(g) Temporary buildings or trailers used during construction on the site, for a period not to

exceed the duration of such construction.

(h) Signs as regulated in Section 4.2.8 herein.

SECTION 10. BZO §4.3.8 ADDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.3.8 is added to read:

4.3.8 DESIGN REVIEW - All new construction and exterior modifications are subject to design

review under Section 13A.

SECTION 11. BZO §4.4.1 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.4.1 is amended to read:

4.4.1 PERMITTED USES

(a) Any use permitted in the R-2 Residential Districts. New dwelling unit construction on vacant R-3 project sites must contain the minimum density permitted in the district,

inclusive of Accessory Dwelling Units that can be constructed without approval of a

Variance to a development standard.

(b) Multi-family dwellings.

(c) Single-family row dwellings.

(d) Accessory uses which are necessary to multi-family dwellings and single-family row

dwellings.

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(e) Accessory Dwelling Units

SECTION 12. BZO §4.4.2 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.4.2 is amended to read:

4.4.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a

Conditional Use Permit:

(a) Those uses permitted in any R-1 or R-2 Districts with a Conditional Use Permit and as

regulated therein.

(b) Homes for the ambulatory aged and retirement homes.

(c) Hospital or sanitarium.

SECTION 13. BZO §4.4.3 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.4.3 is amended to read:

4.4.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS

(a) LOT AREA. The minimum lot area for multi-family dwellings is the greater of:

(1) 6,000 square feet, or

(2) 1,000 square feet for the first dwelling unit plus for each unit thereafter 1,950 square

feet per unit and 250 square feet per bedroom.

(b) LOT AREA - CONDITIONAL USE - The minimum area and dimension of site for

Conditional Uses which constitute the principal use of the property shall be prescribed

by the Commission at the time a Conditional Use is authorized, but in no case shall any

such site be less than 10,000 square feet in area, or less than 75 feet in average width.

(c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building

site in this District shall not exceed 0.85.

(d) HEIGHT LIMITATION - No multi-family structure in any R-3 District shall have a

height in excess of two stories designed for living purposes or 35 feet, provided that in

the case of structures having frontage on the down slope side of a street the maximum height and number of stories may be measured from top of curb at mid-point of frontage

of said lot. Non-habitable building features such as chimneys (up to six feet in width),

cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures,

covering no more than 20% of the top floor roof area to which they are accessory, may

exceed maximum permitted height standards by eight feet.

SECTION 14. BZO §4.4.4 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.4.4 is amended to read:

4.4.4 YARD AREAS - No building shall be erected or enlarged unless the following yards are

provided and maintained in connection with such building, structure or enlargement, except

as provided for in Section 24.

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(a) FRONT YARD - The minimum depth of front yard shall be 15 feet provided, however,

that a greater depth may be required as prescribed in Section 9.7.4.

(b) SIDE YARD

(1) For one and two story multiple-family dwellings there shall be provided and

maintained a side yard of not less than six feet on each side of the principal building. For multiple-family dwelling structures of more than two stories in height, the side

yard adjacent thereto shall be increased two feet in width for each additional story or

fraction thereof above two stories, but in no case shall a side yard of more than 25

feet be required.

(2) For one and two story multiple-family dwellings on corner lots, there shall be

maintained a minimum side yard of not less than 15 feet on the side adjacent to the street which intersects that street upon which the building maintains frontage, and in

the case of a reversed corner lot, there shall be maintained a setback from the side

street of not less than 50% of the front yard required on the lots in the rear of such

corner lots but such setback need not exceed 10 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to

the rear, nor be located nearer than six feet to the side lot line of said adjacent lots.

For multiple- family dwelling structures of more than two stories in height, the minimum required side yards shall be increased two feet in width for each additional

story or fraction thereof, but in no case shall a side yard of more than 25 feet be

required.

(3) On a site improved with a non-residential building, exclusive of residential accessory

buildings, there shall be a side yard of not less than 10 feet on each side of the

principal structure. Additional side yard area may be required as a part of the

conditions of a Conditional Use Permit.

(c) REAR YARD - The minimum rear yard shall be not less than 15 feet, for habitable

portions of a principal building, and not less than 10 feet for all non-habitable structures

or portions of the principal building. For buildings more than three stories in height the minimum rear yard shall be increase two feet for each additional story or fraction thereof,

but in no case shall a rear yard of more than 25 feet be required. All required rear yards

shall be unobstructed from ground level to the sky, except as otherwise provided in this

Section.

SECTION 15. BZO §4.4.6 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.4.6 is amended to read:

4.4.6 DESIGN REVIEW. All new construction and exterior modifications are subject to design

review under Section 13.

SECTION 16. BZO §4.5.1 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.5.1 is amended to read:

4.5.1 PERMITED USES

(a) Any use permitted in any R-3 Residential Districts, provided however that new

construction on vacant R-4 project sites must contain the minimum density permitted in

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the district, inclusive of Accessory Dwelling Units that can be constructed without

approval of a Variance to a development standard.

(b) Accessory uses which are necessary to the above mentioned uses.

SECTION 17. BZO §4.5.3 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.5.3 is amended to read:

4.5.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS

(a) LOT AREA - The minimum lot area for multi-family dwellings is the greater of:

(1) 6,000 square feet, or

(2) 750 square feet for the first dwelling unit plus for each unit thereafter 1,450 square

feet per unit and 125 square feet per bedroom.

(b) LOT AREA - CONDITIONAL USE - Minimum lot sizes for Conditional Uses shall be

the same as prescribed in the R-3 District, Multiple-Family Dwelling.

(c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building

site in this District shall not exceed 1.4.

(d) HEIGHT LIMITATION - No multi-family structure in any R-4 District shall have a

height in excess of 50 feet, provided that in the case of structures having frontage on the

down slope side of a street the maximum height may be measured from top of curb at

midpoint of frontage of said lot.

Non-habitable building features such as chimneys (up to six feet in width), cupolas,

flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering

no more than 20% of the top floor roof area to which they are accessory, may exceed

maximum permitted height standards by eight feet.

SECTION 18. BZO §4.5.6 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.5.6 is amended to read:

4.5.6 DESIGN REVIEW. All new construction and exterior modifications are subject to design

review under Section 13.

SECTION 19. BZO §4.6.3 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.6.3 is amended to read:

4.6.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS

(a) LOT AREA – The minimum lot area for a multiple-family dwelling is the greater of:

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(1) 7,200 square feet in area, or

(2) 1000 square feet per unit plus 100 square feet for each bedroom in such unit.

(b) LOT AREA - CONDITIONAL USE - Minimum building site sizes for Conditional Uses

shall be prescribed by the Commission at the time a Conditional Use is authorized, but

in no case shall any such site be less than 7,200 square feet in area, or less than 60 feet

in average width.

(c) FLOOR AREA RATIO - The floor area ratios of buildings and structures in this District

shall not exceed 3.5.

(d) HEIGHT LIMITATION - No multi-family structure in any R-5 District shall have a

height in excess of 50 feet, provided that in the case of structures having frontage on the

down slope side of a street the maximum height may be measured from top of curb at

midpoint of frontage of said lot subject to the provisions of Section 4.6.2 (d).

Non-habitable building features such as chimneys (up to six feet in width), cupolas,

flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering

no more than 20% of the top floor roof area to which they are accessory, may exceed

maximum permitted height standards by eight feet.

SECTION 20. BZO §4.6.6 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 4.6.6 is amended to read:

4.6.6 DESIGN REVIEW - All new construction and exterior modifications are subject to design

review under Section 13.

SECTION 21. BZO §2.54 AMENDED

Belmont Zoning Ordinance (Ordinance 360) Section 2.54 is amended to read:

2.54 DWELLING, MULTIPLE-FAMILY - A building, or portion thereof, containing three or

more dwelling units.

SECTION 22. EFFECTIVE DATE.

This Ordinance takes effect and will be enforced 30 days after its adoption.

* * *

The City Council of the City of Belmont, California introduced the foregoing ordinance, on May

12, 2020 and adopted the ordinance at a regular meeting held on [insert date], 2020 by the

following vote:

Ayes:

Noes:

Absent:

Abstain:

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Page 18 of 18

ATTEST:

City Clerk

Mayor

APPROVED AS TO FORM:

City Attorney

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City of Belmont Zoning Ordinance

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SECTION 4 – RESIDENTIAL

Editor’s Note: Current through Ordinance 2018-1133

4.1 RESIDENTIAL DISTRICTS ESTABLISHED - Certain classes of districts, designated by

the symbol "R" followed by a numeral, or a numeral and letter, and referred to collectively

herein as Residential Districts or R Districts, are established to provide space in suitable

locations for the various types of residential accommodations needed in the City, and to

provide a means of regulating the density and distribution of the population in conformance

with the purposes of the Comprehensive General Plan and this Ordinance.

4.2 REGULATIONS FOR SINGLE FAMILY RESIDENTIAL DISTRICT - R-1E, R-1H, R-1A,

R-1B AND R-1C - The regulations in this Section shall apply to all land in the R-1E, R-1H,

R-1A, R-1B, and R-1C Districts referred to collectively hereinafter as the R-1 Districts, and

shall be subject to all the general provisions and regulations of this Ordinance.1

4.2.1 PERMITTED USES

(a) One-family residences in which not more than two paying guests may be lodged and/or

furnished meals.

(b) Accessory dwelling units in compliance with development standards outlined in Section

24, Accessory Dwelling Unit.2

(c) Crop and tree farms and gardens.

(d) Accessory structures and uses located on the same site as a one-family residence for

which the use is clearly related to single family dwelling, including the following:

(1) Garages and carports. (See Section 9.5.4(a).)

(2) Garden structures.

(3) Greenhouses.

(4) Storage buildings.

(5) Recreation rooms.

(6) Hobby shops provided that no noisy or otherwise objectionable machinery or

equipment is used and provided that no sales are made therefrom.

(7) Private swimming pools.

(e) Home occupations as defined in Section 2.68.

(f) Temporary subdivision sales offices in accordance with the provisions of Section 9.5.2

of this Ordinance.

1 Amended by Ord. 646, 2/26/79 2 Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §5, 5/23/2017

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(g) Temporary buildings or trailers used during construction on the site, for a period not to

exceed the duration of such construction.

(h) Signs as regulated in Section 4.2.8 herein.

(i) Television antennas provided that all such antennas shall be attached to the residence

structure.

4.2.23 CONDITIONAL USES - The following uses shall be permitted only when authorized by a

Conditional Use Permit:

(a) Public parks and playgrounds and other public recreation facilities.

(b) Golf course, public or private.

(c) Public, parochial and private elementary schools and high schools.

(d) Kindergartens, nursery schools and day-care centers.

(e) Private, non-profit schools and colleges not including business, professional or trade

schools and colleges.

(f) Churches, parish houses, monasteries, convents and other religious institutions.

(g) Public and private philanthropic institutions.

(h) Residential Care Facilities serving more than six persons.

(i) Public and private, non-profit libraries, art galleries and museums.

(j) Public buildings and grounds when found by the Commission to be necessary for the

public health, safety or welfare.

(k) Public utility and public service structures or installations when found by the

Commission to be necessary for the public health, safety or welfare.

(l) Incidental and accessory structures and uses located on the same site with and necessary

to the operation of a Conditional Use.

(m) Television antennas of a height greater than 15 feet.

(n) Radio transmittal antennas, but excluding commercial broadcasting facilities.

4.2.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS.

(a) SITE AREA. The minimum site area shall be as follows: R-1E - one acre; R-1H - 20,000

square feet; R-1A - 9,600 square feet; R-1B - 6,000 square feet; R-1C - 5,000 square feet;

provided, however, that each R-1A, R-1B, and R-1C district lot proposed for new land

division shall comply with the maximum allowed residential dwelling unit density and

3 Amended by Ord. 716, 12/13/83; Ord. 999, 5/27/04; Ord. 2014-1079, §11, 8/26/2014; Ord. 2017-1118 §6, 5/9/2017; Ord. 2018-

1131, §5, 4/24/2018

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City of Belmont Zoning Ordinance

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minimum lot sizes computed in accordance with the applicable provisions of the

Slope/Density Tables in this Section. The maximum allowable densities and the

minimum allowable lot sizes shall be based upon net land area (after subtracting public

street rights of way and vehicular access easements). Lot slope shall be calculated using

the formula from the definitions section of Ordinance 360 and lot slopes ending in ½%

or more shall be rounded to the next highest whole number. Each lot created by

subdivision, or any remainder parcel associated with a subdivision, shall individually

meet the minimum lot size standard based upon that lot's particular slope. The allowable

density indicated, however, does not preclude the hearing body from determining that a

lower density, or larger lots, from that indicated is required to meet the purpose of this

ordinance and the goals and policies of the General Plan.4

TABLE 1 – SLOPE/DENSITY

R-1A DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS

AVERAGE LOT

SLOPE

DWELLINGS

PER NEW ACRE

MINIMUM

LOT SIZE

0-10% 4.356 10000

11% 4.250 10250

12% 4.149 10500

13% 4.052 10750

14% 3.960 11000

15% 3.788 11500

16% 3.630 12000

17% 3.485 12500

18% 3.351 13000

19% 3.227 13500

20% 3.111 14000

21% 2.904 15000

22% 2.723 16000

23% 2.562 17000

24% 2.420 18000

25% 2.293 19000

26% 2.074 21000

27% 1.894 23000

28% 1.742 25000

29% 1.584 27500

30% 1.452 30000

31% 1.320 33000

32% 1.210 36000

33% 1.117 39000

34% 1.037 42000

35% AND ABOVE 0.968 45000

TABLE 2 – SLOPE/DENSITY

4 Amended by Ord. 646, 2/26/79; Ord. 1019, 9/26/06

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R-1B DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS

AVERAGE LOT

SLOPE

DWELLINGS

PER NEW ACRE

MINIMUM

LOT SIZE

0-10% 5.808 7500

11% 5.296 8225

12% 5.155 8450

13% 5.021 8675

14% 4.894 8900

15% 4.585 9500

16% 4.356 10000

17% 4.149 10500

18% 3.960 11000

19% 3.788 11500

20% 3.630 12000

21% 3.351 13000

22% 3.111 14000

23% 2.904 15000

24% 2.723 16000

25% 2.489 17500

26% 2.178 20000

27% 1.936 22500

28% 1.778 24500

29% 1.584 27500

30% 1.452 30000

31% 1.320 33000

32% 1.210 36000

33% 1.117 39000

34% 1.037 42000

35% AND ABOVE 0.968 45000

TABLE 3 – SLOPE/DENSITY

R-1C DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS

AVERAGE LOT

SLOPE

DWELLINGS

PER NEW ACRE

MINIMUM

LOT SIZE

0-10% 7.260 6000

11% 7.026 6200

12% 6.806 6400

13% 6.600 6600

14% 6.406 6800

15% 5.808 7500

16% 5.445 8000

17% 5.125 8500

18% 4.840 9000

19% 4.585 9500

20% 4.356 10000

21% 3.960 11000

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City of Belmont Zoning Ordinance

4-5

AVERAGE LOT

SLOPE

DWELLINGS

PER NEW ACRE

MINIMUM

LOT SIZE

22% 3.630 12000

23% 3.351 13000

24% 3.111 14000

25% 2.723 16000

26% 2.293 19000

27% 1.980 22000

28% 1.815 24000

29% 1.584 27500

30% 1.452 30000

31% 1.320 33000

32% 1.210 36000

33% 1.117 39000

34% 1.037 42000

35% AND ABOVE 0.968 45000

(b) SITE WIDTH. The average width of a lot shall be as follows: R-1E - 150 feet;

R-1H - 100 feet; R-1A - 70 feet; R-1B - 60 feet; R-1C - 50 Feet.

(c) SITE FRONTAGE. All R-1A, R-1B, and R-1C district lots created by new land division

shall maintain a minimum street frontage of not less than 50 feet. R-1A, R-1B, and R-1C

district cul-de-sac lots created by new land division shall comply with minimum street

frontage standards established in the City’s Subdivision Ordinance (Ordinance 530)5

(d) ALLOWABLE GROSS FLOOR AREA. Except as provided in Section 24, the

maximum allowable Gross Floor Area (GFA) without approval of a floor area exception

is the lesser of the permissible GFA in Table 4 – Slope/Intensity and Table 5 – Lot

Size/Intensity.6

(1) The permissible Gross Floor Area in R-1 Districts based on slope is the greater of

1,200 sq. ft. or the product of multiplying net lot area by the Floor Area Ratio

corresponding to the slope of the lot as shown in Table 4 – Slope/Intensity:

TABLE 4 –SLOPE/ INTENSITY

% SLOPE FAR % SLOPE FAR % SLOPE FAR

0 0.533 16 0.506 31 0.385

1 0.533 17 0.499 32 0.374

2 0.533 18 0.493 33 0.364

3 0.533 19 0.486 34 0.354

4 0.533 20 0.480 35 0.344

5 0.533 21 0.471 36 0.334

6 0.533 22 0.463 37 0.324

7 0.533 23 0.454 38 0.314

8 0.533 24 0.446 39 0.303

9 0.533 25 0.437 40 0.293

5 Amended by Ord. 1019, 9/29/06 6 Amended by Ord. 820, 10/26/89; Ord. 2016-1113, §1, 12/13/2016; Ord. 2017-1118, §7, 5/23/2017

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City of Belmont Zoning Ordinance

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% SLOPE FAR % SLOPE FAR % SLOPE FAR

10 0.533 26 0.429 41 0.288

11 0.529 27 0.420 42 0.283

12 0.525 28 0.412 43 0.277

13 0.521 29 0.403 44 0.272

14 0.516 30 0.395 45 & UP 0.267

15 0.512

(2) The permissible Gross Floor Area in R-1 Districts based on lot size is as shown in

Table 5 – Lot Size/Intensity:

TABLE 5 – LOT SIZE/INTENSITY

R1-District Lot Size Maximum Allowable GFA

R-1A

R-1B

R-1C

≤ 10,000 sf 3,500 sf

> 10,000 sf

3,500 sf

+ 0.15 sf per lot sf over

10,000 sf up to 4,500 sf

total GFA

and comply with 4.2.3(g)

R-1E

R-1H All lots 4,500 sf

(e) HEIGHT (Single-Family Districts) - The maximum height of a primary structure is 28

feet. Except as provided in Section 24, the maximum height of an accessory structure

is15 feet.7

(f) NUMBER - Not more than one building designed or used as a single family dwelling,

and not more than one accessory dwelling unit, as defined herein, shall occupy a lot.8

(g) New construction resulting in a GFA greater than 3,500 sq. ft. on a lot in the R-1A, R-

1B and R-1C Districts must comply with the setback standards in this subsection.

(1) Notwithstanding section 9.6.3(b), the new construction may not extend building

walls along a legal non-conforming side yard setback line.

(2) Except for underfloor additions within the footprint of the existing building, new

construction must comply with the setbacks in Table 6 – Setbacks For Larger

Residence.

TABLE 6 - SETBACKS FOR LARGER RESIDENCES9

7 Amended by Ord. 2017-1118, §7, 5/23/2017. 8 Amended by Ord. 2017-1118, §7, 5/23/2017. 9 Amended by Ord. 2016-1113, §1, 12/13/2016

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Setback

(feet)

R-1 District

R-1A R-1B, R-1C

Front 201, 252 201, 252

Rear 25 20

Side

15% lot width or

10 ft. whichever

is greater

15% lot width or

10 ft. whichever

is greater

Street Side 20 20

Notes: 1. Applies to 40 foot right-of-way.

2. Applies to 50 foot right-of-way.

4.2.4 FRONT YARD - Except as provided in Section 9.7.4, the minimum depth of the front yard

is as follows: R-1E and R-1H Districts shall be 25 feet; Lots in the R-1A, R-1B and R-1C

Districts with frontage on a 50-foot wide public right-of-way shall be 15 feet; lots in the R-

1A, R-1B, and R-1C Districts with frontage on a 40-foot wide public right-of-way shall be

20 feet; however, no building occupying property fronting on a private road or easement shall

be less than 25 feet from the closest line of such private road or easement. For garages with

entrances that are perpendicular to the street, the minimum on-site driveway length from

property line to the face of the garage shall be 18 feet. The 18 feet shall be provided entirely

within the subject property, except as provided by Section 8.2.6.10

4.2.5 SIDE YARD11

(a) For a one family dwelling, the minimum width of the side yard on interior lot lines shall

be 15 feet in the R-1E Districts; in the R-1A, R-1B, R-1C and R-1H Districts side yard

setbacks shall be ten (10) percent of the lot width with a minimum setback of six (6) feet

and a maximum setback of nine (9) feet.

(b) On the side lot line having frontage on a street of a corner lot in any R-1E Districts, the

minimum width shall be 25 feet and in any R-1A, R-1B and R-1C Districts the minimum

width shall be 15 feet and for a principal building other than a one family dwelling, the

minimum width of such side yard shall be not less than one-half the height of the

building, but in no case less than 15 feet.

(c) Except as provided in Section 24, no accessory building on a reversed corner lot shall

project beyond the inner line of the front yard required on the adjacent lot to the rear, nor

be located less than five feet from the side lot line of such adjacent lot.

(d) Except as provided in Section 24, a detached accessory building on an interior lot must

be located at least five feet from the side lot line.

(e) Except as provided in Section 24, a detached accessory building on a corner lot must be

located at least fifteen feet from side lot line having frontage on a street, and five feet

from the interior side lot line.

10 Amended by Ord. 2016-1100, §19 2/23/2016 11 Amended by Ord. 2017-1118, §8, 5/23/2017

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City of Belmont Zoning Ordinance

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4.2.6 REAR YARD - The minimum depth of any rear yard is 30 feet in the R-1E and R-1H

Districts, 20 feet in the R-1A Districts, and 15 feet in the R-1B and the R-1C Districts;

Accessory buildings (i.e. garages, accessory dwelling units and storage sheds) may be built

to within five feet of any rear lot line in all Single Family Residential (R-1) Districts.12

4.2.7 OFF-STREET AUTOMOBILE PARKING - Off-street automobile parking space must be

provided in accordance with the provisions of Section 8 and 24, as applicable.13

4.2.8 SIGNS - Signs are permitted as regulated in the Sign Ordinance of the City.

4.2.9 FENCES, WALLS, LATTICE SCREEENS AND HEDGES - Fences, walls, lattice screens

and hedges must comply with Section 9.7.1(f).14

4.2.10 DESIGN REVIEW - All new construction and exterior modifications are subject to design

review under Section 13A.

4.2.1011 EXCEPTIONS TO SINGLE FAMILY FLOOR AREA STANDARDS15

(a) PURPOSE. Exceptions to single family floor area standards may be granted when lot

size and site conditions can appropriately support larger homes, or to assist in providing

required off-street garage parking.

(b) PLANNING COMMISSION REVIEW.

(1) Public Hearing. Applications for exceptions to floor area standards, except

administrative exceptions, shall be considered by the Planning Commission after

holding a public hearing noticed in the manner set forth in Section 10.1.3.

(2) Findings. When approving, conditionally approving, or denying any application for

an exception, the Commission shall consider the findings set forth below. The

Commission shall deny an application not meeting all of these findings:

(A) The granting of the exception will achieve one or more of the following:

(i) Greater floor area equity among property owners with different sized lots

and within the same zoning district and neighborhood without the resulting

Floor Area Ratio (FAR) exceeding the average FAR for properties within

the same zoning district and within 300 feet from the exterior boundaries

of the project site.

(ii) Enable interior additions located within the confines of the existing exterior

walls;

(iii) Assist in providing required off-street garage parking (for existing

residences that currently have substandard parking).

12 Amended by Ord. 2017-1118, §9, 5/23/2017 13 Amended by Ord. 2017-1118, §10, 5/23/2017 14 Amended by Ord. 2016-1100, §20, 2/23/2016 15 Amended by Ord. 2016-1113, §2, 12/13/2016; Ord. 2018-1131, §6, 4/24/2018

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(B) The granting of the exception will not result in a substantial adverse impact to

the views or privacy of adjacent property owners.

(C) The granting of the exception will not result in significant bulk for a new building

or a significant increase in building bulk for an existing building.

(3) Criteria For Substantial Adverse Impact to Views or Privacy. The following criteria

shall be used by the reviewing authority to determine whether a Floor Area Exception

will have a substantial adverse impact on views or privacy:

(A) Private views. A private view is an unobstructed view from a bedroom, common

area, or amenity area (deck, patio, etc.) to a prominent natural feature or

landmark (i.e., the San Francisco Bay or undeveloped ridgelines). A substantial

adverse impact may be determined based on:

(i) Where the view originates (which room or amenity area);

(ii) The relative value of other views that occur on site;

(iii) The quality of the natural feature or landmark in the view;

(iv) How much of the view is obstructed.

(B) Privacy. A substantial adverse privacy impact may be determined based on:

(i) Setbacks/Additional Setbacks;

(ii) Topography;

(iii) Window design;

(iv) Window to window alignment;

(v) Vegetation;

(vi) Location of decks, balconies, pools, and other amenity areas;

(vii) Buffer strips and fencing;

(viii) Location of parking and access ways;

(ix) Location of entries and paths of travel;

(x) Lighting.

(4) Standard for Review of Building/Addition Location. As much as practical, the

resulting new construction would be located to avoid or reduce bulk, privacy and

private view impacts to adjacent properties.

(c) ADMINISTRATIVE EXCEPTIONS. The Zoning Administrator may administratively

approve exceptions to floor area standards for single family homes in Table 4 –

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City of Belmont Zoning Ordinance

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Slope\Intensity on lots 5,000 square feet or greater for the following types of projects

after making the findings listed under Section 4.2.10(b)(2)(A) – (C).

(1) Garage additions. Garage additions that meet all of the following:

(A) The addition is 450 sq. ft. or less.

(B) There is no garage or a less than conforming two-car garage on site.

(C) The resulting home would not be larger than the maximum permitted home size

allowed within the applicable R-1 zoning district under Table 5 – Lot

Size/Intensity.

(2) Interior Additions. Interior additions that meet all of the following:

(A) The home was built before the effective date of the ordinance adopting this

subsection.

(B) All added floor area will be located entirely within the confines of the exterior

walls of the main structure, and will not result in the moving, extending, or

addition of any exterior walls.

(C) The resulting home would not be larger than the maximum permitted home size

allowed within the applicable R-1 zoning under Table 5 – Lot Size/Intensity.

(D) No floor area exception for the dwelling for an interior addition has previously

been approved and built on the subject property.

4.2.1112 NEW CONSTRUCTION - New homes and additions must comply with the Residential

Design Criteria if the new construction:16

(a) ground floor plate height exceeds 12 feet or roof height exceeds 18 feet (as measured

from finished grade), or

(b) creates or expands an upper floor.

4.3 REGULATIONS FOR DUPLEX RESIDENTIAL DISTRICTS - R-2 - The regulations in

this Section shall apply to all land in the R-2 Districts and shall be subject to all the general

provisions and regulations of this Ordinance.

4.3.1 PERMITTED USES

(a) Single family residences meeting R-1-B development standards, in which not more than

two paying guests may be lodged and/or furnished meals.

(b) Accessory dwelling units in compliance with Section 24.17

(c) Two family dwellings or duplex structures.

16 Added by Ord. 2017-1100, §21, 2/23/2016 17 Amended by Ord. 2017-1118, §11, 5/23/2017

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City of Belmont Zoning Ordinance

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(d) Accessory structures and uses located on the same site as a single family or duplex

dwelling for which the use is clearly related to a single family dwelling, including the

following:

1) Garages and carports.

2) Garden structures.

3) Greenhouses.

4) Storage buildings.

5) Recreation rooms.

6) Hobby shops provided that no noisy or otherwise objectionable machinery or

equipment is used and provided that no sales are made therefrom.

7) Private swimming pools.

(e) Home occupations as defined in Section 2.68.

(f) Temporary subdivision sales offices in accordance with the provisions of Section 9 of

this Ordinance.

(g) Temporary buildings or trailers used during construction on the site, for a period not to

exceed the duration of such construction.

(h) Signs as regulated in Section 4.2.8 herein.

4.3.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a

Conditional Use Permit:18

(a) Those uses permitted in any R-1 District with a Conditional Use Permit and as regulated

therein.

4.3.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS

(a) SITE AREA - The minimum site area shall be 6000 square feet.

(b) SITE WIDTH - The minimum average width of a lot shall be 60 feet.

(c) SITE FRONTAGE - All lots shall maintain a minimum street frontage of not less than

30 feet.

(d) FLOOR AREA RATIO - The floor area ratios of buildings and structures shall not

exceed 0.6.

18 Amended by Ord. 2018-1131, §7, 4/24/2018

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(e) HEIGHT - Single-Family Districts) - The height of the principal building may not exceed

two stories or 35 feet. Except as provided in Section 24, the height of other structures

may not exceed 15 feet.19

(f) NUMBER - Not more than one building designed or used as a two family dwelling

(duplex), or a single family dwelling and an accessory dwelling unit, as defined herein,

shall occupy a lot.20

4.3.4 YARD REQUIREMENTS - Except as provided in Section 24, the yard requirements set

forth in Sections 4.2.4, 4.2.5 and 4.2.6 for R-1C district apply to R-2 districts. 21

4.3.5 OFF-STREET AUTOMOBILE PARKING - Off-street automobile parking space shall be

provided in accordance with the provisions of Section 8 and 24, as applicable. 22

4.3.6 SIGNS - The regulations set forth in Section 4.2.8 herein for R-1 Districts shall apply in R-2

Districts.

4.3.7 FENCES, WALLS AND HEDGES - The regulations set forth in Section 4.2.9 herein for R-1

Districts shall apply in R-2 Districts.

4.3.8 DESIGN REVIEW - All new construction and exterior modifications are subject to design

review under Section 13A.

4.4 REGULATIONS FOR MULTI-FAMILY RESIDENTIAL DISTRICTS - R-3, (GARDEN

APARTMENTS) - The regulations in this Section shall apply to all land in the R-3 Districts

and shall be subject to all the general provisions and regulations of this Ordinance.

4.4.1 PERMITTED USES

(a) Any use permitted in the R-2 Residential Districts. New dwelling unit construction on

vacant R-3 project sites must contain the minimum density permitted in the district,

inclusive of Accessory Dwelling Units that can be constructed without approval of a

Variance to a development standard.

(b) Multi-family dwellings., provided however that new multi-family dwellings and

additions thereto require a conditional use permit as provided herein.23

(c) Single-family row dwellings.

(d) Accessory uses which are necessary to multi-family dwellings and single-family row

dwellings.

(e) Accessory Dwelling Units

19 Amended by Ord.1118, 5/23/17 20 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §12, 5/23/2017 21 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §13, 5/23/2017 22 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §14, 5/23/2017 23 Amended by Ord. 831, 10/11/90

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4.4.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a

Conditional Use Permit:24

(a) Those uses permitted in any R-1 or R-2 Districts with a Conditional Use Permit and as

regulated therein.

(b) Homes for the ambulatory aged and retirement homes.

(c) Hospital or sanitarium.

(d) Any new multi-family residential buildings, additions to floor area for existing

multi-family residential buildings, and the addition of dwelling units within existing

multi-family residential buildings.25

4.4.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS

(a) LOT AREA. - Every building hereafter erected or structurally altered as a

multiple-family dwelling, apartment or row dwelling structure containing more than two

dwelling units in the R-3 Districts shall provide a lot area per dwelling unit of not less

than 1,950 square feet plus 250 square feet for each bedroom in such unit, and no such

use shall be established on a site less than 6,000 square feet in area, provided however

that: 26

1. Where a building site is of such size as to provide an excess area over and above the

minimum required area of 1,950 square feet per dwelling unit, one additional dwelling

unit, not including a bedroom, may be constructed or structurally altered, provided the

excess lot area is 1,000 square feet or more.

2. On sites designated R-3 within the Downtown Specific Plan Area as identified in the

Downtown Plan Zoning Policy Map Figure 7.1 (pg. 7.13) and Land Use Policy Map

Figure 5.1 (pg. 5.6), the minimum lot size shall be 7,200 square feet. Minimum lot

frontage shall be 72 feet and minimum average lot width shall be 60 feet.27

The minimum lot area for multi-family dwellings is the greater of:

(1) 6,000 square feet, or

(2) 1,000 square feet for the first dwelling unit plus for each unit thereafter 1,950 square feet

per unit and 250 square feet per bedroom.

(b) LOT AREA - CONDITIONAL USE - The minimum area and dimension of site for

Conditional Uses which constitute the principal use of the property shall be prescribed

by the Commission at the time a Conditional Use is authorized, but in no case shall any

such site be less than 10,000 square feet in area, or less than 75 feet in average width.

24 Amended by Ord. 2018-1131, §8, 4/24/2018 25 Added by Ord. 831, 10/11/90; amended by Ord. 999, 5/27/04 26 Amended by Ord. 502, 2/22/73 27 Added by Ord. 850, 10/24/91

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(c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building

site in this District shall not exceed 0.85.

(d) HEIGHT LIMITATION - No multi-family structure in any R-3 District shall have a

height in excess of two stories designed for living purposes or 35 feet, provided that in

the case of structures having frontage on the down slope side of a street the maximum

height and number of stories may be measured from top of curb at mid-point of frontage

of said lot.

(e) Non-habitable building features such as chimneys (up to six feet in width), cupolas,

flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering

no more than 20% of the top floor roof area to which they are accessory, may exceed

maximum permitted height standards by eight feet. DOWNTOWN SPECIFIC PLAN

SITE DEVELOPMENT STANDARDS - Maximum height for multi-family structures

within the Downtown Specific Plan Area as identified in the Downtown Plan Zoning

Policy Map Figure 7.1 and the Land Use Policy Map Figure 5.1, shall be 40 feet.

Building and site design and development shall be subject to the provisions of Section

5.3.14, 5.3.15, 5.3.16, and 5.3.17 of this Ordinance together with all the general

provisions of this Ordinance unless otherwise noted and in the event of conflict these

regulations shall prevail.28

4.4.4 YARD AREAS - No building shall be erected or enlarged unless the following yards are

provided and maintained in connection with such building, structure or enlargement, except

as provided for in Section 24 and in the Downtown Specific Plan Area as identified in the

Downtown Plan Zoning Policy Map Figure 5.1.29

(a) FRONT YARD - The minimum depth of front yard shall be 15 feet provided, however,

that a greater depth may be required as prescribed in Section 9.7.4.

(b) SIDE YARD

(1). For one and two story multiple-family dwellings there shall be provided and

maintained a side yard of not less than six feet on each side of the principal building.

For multiple-family dwelling structures of more than two stories in height, the side

yard adjacent thereto shall be increased two feet in width for each additional story or

fraction thereof above two stories, but in no case shall a side yard of more than 25

feet be required.

(2). For one and two story multiple-family dwellings on corner lots, there shall be

maintained a minimum side yard of not less than 15 feet on the side adjacent to the

street which intersects that street upon which the building maintains frontage, and in

the case of a reversed corner lot, there shall be maintained a setback from the side

street of not less than 50% percent of the front yard required on the lots in the rear

of such corner lots but such setback need not exceed 10 feet. No accessory building

on said reversed corner lot shall project beyond the front yard required on the

adjacent lot to the rear, nor be located nearer than six feet to the side lot line of said

adjacent lots. For multiple- family dwelling structures of more than two stories in

height, the minimum required side yards shall be increased two feet in width for each

28 Amended by Ord. 481, 5/8/72 29 Amended by Ord. 2017-1118, §15, 5/23/2017

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additional story or fraction thereof, but in no case shall a side yard of more than 25

feet be required. 30

(3). On a site improved with a non-residential building, exclusive of residential accessory

buildings, there shall be a side yard of not less than 10 feet on each side of the

principal structure. Additional side yard area may be required as a part of the

conditions of a Conditional Use Permit.

(c) REAR YARD - The minimum rear yard shall be not less than 15 feet, for habitable

portions of a principal building, and not less than 10 feet for all non-habitable structures

or portions of the principal building. For buildings more than three stories in height the

minimum rear yard shall be increase two feet for each additional story or fraction thereof,

but in no case shall a rear yard of more than 25 feet be required. All required rear yards

shall be unobstructed from ground level to the sky, except as otherwise provided in this

Section.

4.4.5 OPEN SPACE REQUIREMENTS

(a) Not less than 300 square feet of open lot area, exclusive of any required vehicular

driveways, shall be provided for each dwelling unit on the ground floor and at least 150

square feet of open lot area, exclusive of any required vehicular driveways, shall be

provided for each dwelling unit above the first floor.

(b) The required open lot area for each ground floor dwelling unit shall be contiguous

thereto, and shall have an average width of not less than 10 feet and an average length of

not less than 20 feet. Such open lot area may include the required minimum yard areas

set forth in this Section. Open roof decks, balconies, lanais or other open structural areas

made a part of the building and improved for outdoor living, may be used to satisfy the

open lot area requirements for each dwelling unit above the first floor, provided such

open roof decks, balconies, lanais or other open structural areas contain a usable floor

area of not less than 150 square feet for each dwelling unit.

(c) The proposed improvement of all required open lot area (garden patios) or roof decks,

balconies, lanais or other structural areas intended for outdoor living shall be shown on

plans submitted with applications for building permits, and upon the approval of such

plans shall be considered a required part of the site and structure improvements.

4.4.6 DESIGN REVIEW. All new construction and exterior modifications are subject to design

review under Section 13.

DWELLING STANDARDS - Every multiple-family or apartment building hereafter erected or

established in any R-3 District, Multiple- Family, shall provide a minimum floor area for

each dwelling or apartment unit in compliance with the following:

Bachelor or studio-type dwelling units 420 sq. ft.

One bedroom dwelling units 600 sq. ft.

Two bedroom dwelling units 780 sq. ft.

30 Amended by Ord. 481, 5/8/72

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Three bedroom dwelling units 960 sq. ft.

The floor area shall be measured from the outside face of exterior walls or the center of interior walls

enclosing each apartment dwelling, and may include all closet space and storage area

contained within the apartment unit; but shall not include outside patios, balconies, or

terraces, or utility rooms used jointly by occupants of the apartment building.

4.4.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in

accordance with the provisions of Section 8 and 24, as applicable.31

4.5 REGULATIONS FOR MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL

DISTRICTS - R-4 - The regulations in this Section shall apply to all land in the R-4 Districts

and shall be subject to all the general provisions and regulations of this Ordinance.

4.5.1 PERMITED USES

(a) Any use permitted in any R-1, R-2 or R-3 Residential Districts, provided however that

new construction on vacant R-4 project sites must contain the minimum density

permitted in the district, inclusive of Accessory Dwelling Units that can be constructed

without approval of a Variance to a development standard.

(b) Accessory uses which are necessary to the above mentioned uses.

4.5.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a

Conditional Use Permit:32

(a) Any Conditional Use permitted in the R-3 Multi-Family Residential Districts.

(b) Residential Care Facilities serving more than six persons.33

(c) Lodging, boarding or rooming houses as defined in this Ordinance.

(d) Private clubs or lodges, except those the chief activity of which is a service normally

carried on as a business. The serving of food and meals may be permitted provided that

adequate dining room space and kitchen facilities are available. The sale of alcoholic

beverages to members and their guests may be allowed in conjunction with the operation

of a dining room, or they may be served in a separate room or rooms.

(e) Fraternity and sorority houses.

(f) Hospitals and sanitariums, but not including animal hospitals.

4.5.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS

31 Amended by Ord. 2017-1118, §16, 5/23/2017 32 Amended by Ord. 2018-1131, §9, 4/24/2018 33 Amended by Ord. 2014-1118, §12, 5/23/2014

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(a) LOT AREA - For every building hereafter erected or structurally altered as a

multiple-family dwelling, apartment or row dwelling structure containing more than two

dwelling units in any R-4 Districts, there shall be provided a lot area of not less than

1,450 square feet for each dwelling unit having not more than one bedroom plus 125

square feet for each bedroom in excess of one and no such use shall be established on

any building site containing less than 6,000 square feet of area, provided however; that: 34

1. Where a building site is of such size as to provide an excess area over and above the

minimum lot area of 1,450 square feet per dwelling unit, one additional dwelling unit,

not including a bedroom, may be constructed or structurally altered provided the excess

lot area is not less than 750 square feet. The minimum lot area for multi-family dwellings

is the greater of:

(1) 6,000 sq. ft., or

(2) 750 square feet for the first dwelling unit plus for each unit thereafter 1,450 square feet

per unit and 125 square feet per bedroom.

On sites designated R-4 within the Downtown Specific Plan Area as identified in the

Downtown Plan Zoning Policy Map Figure 7.1 and Land Use Policy Map Figure 5.1 the

minimum lot size shall be 7,200 square feet. Minimum lot frontage shall be 72 feet and

minimum average lot width shall be 60 feet.35(b) LOT AREA - CONDITIONAL

USE - Minimum lot sizes for Conditional Uses shall be the same as prescribed in the R-3

District, Multiple-Family Dwelling.

(c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building

site in this District shall not exceed 1.4.

(d) HEIGHT LIMITATION - No multi-family structure in any R-4 District shall have a

height in excess of 50 feet, provided that in the case of structures having frontage on the

down slope side of a street the maximum height may be measured from top of curb at

midpoint of frontage of said lot. and except as provided for on sites designated R-4 within

the Downtown Specific Plan Area as identified in the Downtown Plan Zoning Map

Figure 7.1 and Land Use Policy Map Figure 5.1 the maximum height shall be 40 feet.

Non-habitable building features such as chimneys (up to six feet in width), cupolas,

flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering

no more than 20% of the top floor roof area to which they are accessory, may exceed

maximum permitted height standards by eight feet.

4.5.4 YARD AREAS - The regulations set forth for R-3 Districts in Section 4.4.4 shall apply to all

R-4 Multi-Family Residential Districts.

4.5.5 OPEN SPACE REQUIREMENTS - The regulations set forth in the R-3 Districts in Section

4.4.5 shall apply to all R-4 Multi-Family Residential Districts.36

34 Amended by Ord. 502, 2/22/73 35 Added by Ord. 850, 10/24/91 36 Amended by Ord. 850, 10/24/91

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4.5.6 DESIGN REVIEW. All new construction and exterior modifications are subject to design

review under Section 13.

4.5.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in

accordance with the provisions of Section 8 and 24, as applicable.37

4.6 REGULATIONS FOR HIGH DENSITY MULTI-FAMILY RESIDENTIAL

DISTRICTS - R-5 - The regulations in this Section shall apply to all land in the R-5 Districts

and shall be subject to all the general provisions and regulations of this Ordinance.

4.6.1 PERMITTED USES - Any use permitted in any R-1, R-2, R-3 or R-4 Districts.

4.6.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a

Conditional Use Permit:38

(a) Any use permitted as a Conditional Use in the R-4 Multi-Family Residential Districts.

(b) Apartment Hotels.

(c) Private clubs, lodges and fraternal organizations, including the serving of food and

beverages to members and their guests, and including such other facilities customarily

provided for the comfort and convenience of the membership.

(d) Multi-family structures having a height in excess of 50 feet.

4.6.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS

(a) LOT AREA -– The minimal lot area for Every building hereafter erected or structurally

altered as a multiple-family dwelling is the greater of:

(1), apartment or row dwelling structure containing more than two dwelling units in the R-5

Districts shall provide a lot area per dwelling unit of not less than 1000 square feet plus

100 square feet for each bedroom in such unit, and no such use shall be established on a

site less than 7,200 square feet in area., or39

(2) 1000 square feet per unit plus 100 square feet for each bedroom in such unit.

On sites designated R-5 within the Downtown Specific Plan Area as identified in the

Downtown Plan Zoning Policy Map Figure 7.1 and the Land Use Policy Map Figure 5.1

the minimum lot frontage shall be 72 feet and minimum average lot width shall be 60

feet.40

(b) LOT AREA - CONDITIONAL USE - Minimum building site sizes for Conditional Uses

shall be prescribed by the Commission at the time a Conditional Use is authorized, but

37 Amended by Ord. 2017-1118, §17, 5/23/2017 38 Amended by Ord. 2018-1131, §10, 4/24/2018 39 Amended by Ord. 502, 2/22/73 40 Amended by Ord. 850, 10/24/91

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in no case shall any such site be less than 7,200 square feet in area, or less than 60 feet

in average width.

(c) FLOOR AREA RATIO - The floor area ratios of buildings and structures in this District

shall not exceed 3.5.

(d) HEIGHT LIMITATION - No multi-family structure in any R-5 District shall have a

height in excess of 50 feet, provided that in the case of structures having frontage on the

down slope side of a street the maximum height may be measured from top of curb at

midpoint of frontage of said lot subject to the provisions of Section 4.6.2 (d) of this

Ordinance.

(e) Non-habitable building features such as chimneys (up to six feet in width), cupolas,

flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering

no more than 20% of the top floor roof area to which they are accessory, may exceed

maximum permitted height standards by eight feet. DOWNTOWN SPECIFIC PLAN

SITE DEVELOPMENT STANDARDS - Maximum height for multi-family structures

within the Downtown Specific Plan Area as identified in the Downtown Plan Zoning

Policy Map Figure 7.1 and the Land Use Policy Map Figure 5.1, shall be 40 feet.

Building and site design and development shall be subject to the provisions of Sections

5.3.14, 5.3.15, 5.3.16, and 5.3.17 of this Ordinance together with all the general

provisions of this Ordinance unless otherwise noted and in the event of conflict these

regulations shall prevail.41

4.6.4 YARD AREAS

(a) FRONT YARD - The same regulations shall apply as required in the R-3 District, Multi-

Family Dwelling.

(b) SIDE YARD

1) For one and two story multi-family dwellings, there shall be provided and maintained

a side yard of not less than six feet on each side of the principal building. For

multi-family dwelling structures of more than two stories in height, the side yard

adjacent thereto shall be increased one foot in width for each additional story or

fraction thereof, but in no case shall a side yard of more than 20 feet be required.

2) For one and two story multiple-family dwellings on corner lots, there shall be

maintained a minimum side yard of not less than 15 feet on the side adjacent to the

street which intersects the street upon which the building maintains lot frontage, and

in the case of a reversed corner lot, there shall be maintained a setback from the side

street of not less than 50 percent of the front yard required on the lots in the rear of

such corner lots, but such setback need not exceed 10 feet. No accessory building

on said reversed corner lot shall project beyond the front yard required on the

adjacent lot to the rear, nor be located nearer than six feet to the side lot line of said

adjacent lots. For multi-family dwelling structures of more than two stories in height,

the minimum required side yards shall be increased one foot in width for each

41 Added by Ord. 850, 10/24/91

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additional story or fraction thereof, but in no case shall a side yard of more than 20

feet be required.42

(c) REAR YARD - On a building site upon which a building is constructed there shall be a

rear yard of not less than 15 feet, for habitable portions of the building, and not less than

10 feet for all non-habitable structures or portions of the principal building. For buildings

more than three stories in height the minimum rear yard shall be increased two feet for

each additional story or fraction thereof, but in no case shall a rear yard of more than 25

feet be required.

1) On a building site improved with a non-residential building, exclusive of residential

accessory buildings, there shall be a side yard of not less than 10 feet on each side of

the principal structure. Additional side yard area may be required as a part of a

Conditional Use Permit.

All required rear yards shall be unobstructed from ground level to the sky, except as

otherwise provided in this Ordinance.

4.6.5 OPEN SPACE REQUIREMENTS - The regulations set forth in the R-3 Districts in Section

4.4.5 shall apply to all R-5 Multi-Family Residential Districts.43

4.6.6 DESIGN REVIEW - All new construction and exterior modifications are subject to design

review under Section 13

4.6.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in

accordance with the provisions of Section 8 and 24, as applicable.44

4.7 HILLSIDE RESIDENTIAL AND OPEN SPACE (HRO) DISTRICTS (note: HRO-1 applies

to unsubdivided, HRO-2 applies to subdivided).45

4.7.1 PURPOSE - The City Council finds and declares that certain areas of the City provide unique

terrain features and add substantially to the character of the area, that the location and

visibility of development therein will affect the visual quality of the environment, and that

hillside development should preserve the natural terrain while providing a density of

residential development compatible with the limitations of slope on the development site.

The Council further finds that there are geologic and soils hazards in the area, steep slopes,

and inadequate roadways making it necessary to reduce density in portions of the San Juan

Hills Area to protect the public safety and to reduce significant and cumulative traffic impacts

to the Ralston Avenue corridor. The objectives of this chapter's regulations are to encourage

minimal grading and to reduce citizens' exposure to hazardous slopes by decreasing

residential density as slope increases, to encourage clustering of homes and density transfer

to reduce roadway and driveway grading, to regulate home size, and to encourage the

voluntary merger of lots.

4.7.2 PERMITTED USES - The following uses shall be permitted in the HRO-1, HRO-2 and

HRO-3 Districts:

42 Amended by Ord. 481, 5/8/72 43 Amended by Ord. 850, 10/24/91 44 Amended by Ord. 2017-1118, §18, 5/23/2017 45 Amended by Ord. 808, 4/11/89; Ord. 848, 8/8/91

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(a) One-family residences except in the HRO-3 Zone west of Hastings Drive and accessed

by Carlmont Drive.

(b) Private stables for the keeping of horses as provided for in the City Code.

(c) Accessory structures and uses located on the same site as a one-family residence for

which the use is clearly related to single-family dwelling, including the following:46

1) Garages and carports.

2) Garden structures.

3) Greenhouses.

4) Storage buildings.

5) Recreation rooms.

6) Hobby shops provided that no noisy or otherwise objectionable machinery or

equipment is used and provided that no sales are made therefrom.

7) Private swimming pools.

8) Accessory Dwelling Units.

(d) Home occupations as defined in Section 2.68 and associated signs not exceeding one

square foot in area.

(e) Temporary subdivision sales offices in accordance with the provisions of Section 9.5.2

of this Ordinance provided such use is for no more than 60 days.

(f) Temporary buildings or trailers used during construction on the site, for a period not to

exceed the duration of the related building permit.

(g) A sign not exceeding 4 square feet in area pertaining to the sale, lease, rental, or display

of the property on which the sign is located.

(h) Small-family day care homes

4.7.3 CONDITIONAL USES - The following uses are permitted in the HRO-1, HRO-2, and HRO-

3 Districts, except as otherwise specified, only when authorized by a Conditional Use

Permit:47

(a) Public parks and playgrounds and other public recreation facilities.

(b) Public, parochial and private elementary schools and high schools.

(c) Kindergartens, nursery schools and large-family day-care homes.

46 Amended by Ord. 2017-1118, §19, 5/23/2017 47 Amended by Ord. 2017-1118, §20, 5/23/2017; Ord. 2018-1131, §11, 4/24/2018

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(d) Churches, parish houses, monasteries, convents and other religious institutions.

(e) Public and private philanthropic institutions.

(f) Reserved

(g) Public and private, nonprofit libraries and museums.

(h) Public buildings and grounds when found by the Commission to be necessary for the

public health, safety or welfare.

(i) Public utility and public service structures or installations when found by the

Commission to be necessary for the public health, safety or welfare.

(j) Incidental and accessory structures and uses located on the same site with and necessary

to the operation of a Conditional Use.

(k) Clustered dwelling units in the HRO-1 and HRO-3 zones, and townhouses in the HRO-3

Zone.48

(l) Density transfer of dwelling units in the HRO-2 Zone.

(m) Floor area transfer in the HRO-2 Zone.

(n) Signs for conditional uses, which do not exceed 10 square feet in area, are not

illuminated, and are wall mounted.

4.7.449 LOT DIMENSION STANDARDS FOR HRO-1, HRO-2, AND HRO-3 ZONES:

(a) Lot Width - The minimum average lot width shall be 60 feet.

(b) Lot Frontage - All lots shall have a minimum frontage of 40 feet.

(c) Lot dimension standards for individual townhouses in the HRO-3 zone shall be as

established through the conditional use permit process.50

4.7.5 YARD AREA REQUIREMENTS FOR HRO-1, HRO-2, AND HRO-3 ZONES:51

(a) The minimum yard areas for primary structures shall be as follows:

Front yard - 15 feet.

Rear yard - 15 feet.

Side yard - 7 feet.

(b) Except as provided in Section 24, the minimum yard areas for accessory structures shall

be as follows:

48 Amended by Ord. 848, 8/8/91 49 Amended by Ord. 999, 5/27/04 50 Amended by Ord. 848, 8/8/91 51 Amended by Ord. 2017-1118, §21, 5/23/2017

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(1) Front yard 18 feet.

(2) Side and rear yards 7 feet.

(3) No accessory building on a reversed corner lot shall project beyond the inner line of

the front yard required on the adjacent lot to the rear, nor be located less than seven

feet from the side lot line of such adjacent lot.

(4) A detached accessory building on a corner lot must be located at least fifteen feet

from side lot line having frontage on a street, and seven feet from the interior side

lot line.

(c) Except as provided in Section 24, the total of all accessory structures shall not occupy

more than 30% of any required yard area.

(d) The minimum yard areas for townhouses in the HRO-3 zone shall be as established

through the conditional use permit process.52

4.7.6 BUILDING HEIGHT - The maximum height for primary structures shall be 28 feet. Except

as provided in Section 24, the maximum height for accessory structures shall be 15 feet.53

4.7.7 OFF-STREET PARKING - Off-street automobile parking spaces shall be provided in

accordance with the provisions of Section 8 and 24, as applicable.54

4.7.8 FENCES, WALLS, AND HEDGES - Fences, walls, and hedges not exceeding six feet in

height shall be permitted with the exception that no fence, wall, or hedge on a corner lot shall

exceed 3 ½ feet in height when located within 25 feet of the property corner at the street

intersection.

4.7.9 GENERAL RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - The maximum

allowed residential dwelling unit densities and minimum lot sizes in the HRO districts shall

be computed in accordance with the applicable provisions of the Slope Density Table in this

Section unless a conditional use permit authorizing a smaller lot size is approved pursuant to

provisions in the respective HRO Zone. The maximum allowable densities and the minimum

allowable lot sizes shall be based upon net land area (after subtracting public street rights of

way and vehicular access easements). Lot slope shall be calculated using the formula from

the definitions section of Ordinance 360 and lot slopes ending in ½% or more shall be

rounded to the next highest whole number. Each lot created by subdivision, or any remainder

parcel associated with a subdivision, shall individually meet the minimum lot size standard

based upon that lot's particular slope. The allowable density indicated, however, does not

preclude the hearing body from determining that a lower density, or larger lots, from that

indicated is required to meet the purpose of this ordinance and the goals and policies of the

General Plan.

TABLE 155

HRO DENSITY AND MINIMUM LOT SIZE STANDARDS

52 Amended by Ord. 848, 8/8/91 53 Amended by Ord. 2017-1118, §22, 5/23/2017 54 Amended by Ord. 2017-1118, §23, 5/23/2017 55 Amended by Ord. 979, 5/14/02

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AVERAGE LOT SLOPE

DWELLINGS

PER NEW ACRE

MINIMUM

LOT SIZE

1 – 10% 1.452 30292

11% 1.357 32100

12% 1.274 34192

13% 1.200 36300

14% 1.134 38413

15% 1.076 40483

16% 1.023 42581

17% 0.908 47974

18% 0.816 53382

19% 0.741 58785

20% 0.679 64153

21% 0.626 69585

22% 0.581 74974

23% 0.542 80369

24% 0.508 85748

25% 0.478 91130

26% 0.448 97232

27% 0.422 103223

28% 0.399 109173

29% 0.378 115238

30% 0.359 121337

31% 0.342 127368

32% 0.315 138286

33% 0.292 149178

34% 0.271 160738

35% 0.243 179259

36% 0.220 198000

37% 0.201 216716

38% 0.184 236739

39% 0.171 254737

40% 0.159 273962

41% 0.145 300414

42% 0.133 327519

43% 0.123 354146

44% 0.115 378783

45% 0.108 403333

4.7.10 HRO-1 ZONING DISTRICT STANDARDS

(a) RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - Each lot existing as of the

time of application of this ordinance and each lot created by land division shall comply

with the General Density and Lot Size Standards of Section 4.7.9 unless a use permit for

clustering is granted pursuant to the procedures and noticing requirements of Section 11.

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(b) FLOOR AREA - The maximum allowable floor area shall be 4,500 sq. ft. on parcels

20,000 sq. ft. and larger, and on clustered developments with an average lot size of

20,000 sq. ft. and larger. The maximum allowable floor area on all other lots shall be

3,500 sq. ft.

(c) CLUSTERING OF SINGLE FAMILY RESIDENCES - The grouping of residences on

smaller lots and in closer proximity than otherwise permitted may be allowed in the

HRO-1 District upon the granting of a Conditional Use Permit in order to reduce grading,

visual impact, and provide permanent open space.

1) Application requirements. A Conditional Use Permit application for clustering shall

be accompanied by the following:

a. A map showing the existing parcels with dimensioned parcel boundaries, parcel

areas, and topography at five (5) foot contour intervals or less.

b. Site plan showing the proposed parcels with dimensioned parcel boundaries,

parcel areas, together with proposed locations of all homes, yard areas,

driveways, and grading.

c. Proposal for the location, ownership, and management of the permanent open

space.

2) Standards for Clustering:

a. Residential density within the clustered development shall be required to meet

the density standards of section 4.7.9 but not the minimum lot size standards.

b. The minimum lot size in clustered development shall be 10,000 sq. ft.

c. The lot dimension standards of Section 4.7.4 shall not apply. Clustered lots shall

not be less than 50 feet in average width, nor have less than 30 feet street

frontage.

d. Permanent open space shall be provided over all open space parcels and over all

portions of lots exceeding 10,000 sq. ft.

e. Except as provided herein, all other development standards of the HRO-1 district

shall apply.

3) Conditional Use Permit Findings Required for Planning Commission Approval. In

addition to the standard Use Permit findings, the Commission must also find that:56

a. The development resulting from clustering is consistent with the policies of the

San Juan Hills Area Plan.

b. The development which would result from clustering of residences would reduce

grading and vegetation removal and result in better home sites and overall pattern

56 Amended by Ord. 2018-1131, §12, 4/24/2018

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of development than could be achieved through the application of this ordinance

without clustering.

c. The open space areas will not create an enforcement or maintenance problem

and will be protected from development by the establishment of an open space

or conservation easement over its entirety, and adequate provision for the

ownership and management of such property and easements will be provided.

d. All clustering standards will be met.

4.7.11 HRO-2 ZONING DISTRICT STANDARDS57

(a) RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - Each lot and land

subdivision shall comply with the general density and lot size standards of Section 4.7.9

unless a permit for Density or Floor Area Transfer, or a Lot Line Adjustment is approved.

(b) FLOOR AREA RATIO - Except as provided in Section 24, the permitted floor area on

lots 40,000 sq. ft. or larger in area shall be 3,500 sq. ft. The permitted floor areas on lots

less than 40,000 sq. ft. are based on lot slope and shall be determined using the applicable

floor area ratio in Table 2. The floor area on each lot shall not total more than 3,500 sq.

ft. and is allowed to be at least 900 sq. ft.58

TABLE 259

HRO-2 FLOOR AREA RATIO STANDARDS

AVERAGE SLOPE

FAR SLIDING SCALE

MINIMUM FLOOR AREA

(LOTS 31% - 45% SLOPE

AND UP)

1 – 10% 0.350 1,200

11% 0.327 1,200

12% 0.307 1,200

13% 0.289 1,200

14% 0.273 1,200

15% 0.259 1,200

16% 0.246 1,200

17% 0.219 1,200

18% 0.197 1,200

19% 0.179 1,200

20% 0.164 1,200

21% 0.151 1,200

22% 0.140 1,200

23% 0.131 1,200

24% 0.122 1,200

25% 0.115 1,200

57 Amended by Ord. 2018-1131, §13, 4/24/2018 58 Amended by Ord. 2017-1118, §24, 5/23/2017 59 Amended by Ord. 982, 1/28/03

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AVERAGE SLOPE

FAR SLIDING SCALE

MINIMUM FLOOR AREA

(LOTS 31% - 45% SLOPE

AND UP)

26% 0.108 1,200

27% 0.102 1,200

28% 0.096 1,200

29% 0.091 1,200

30% 0.087 1,200

31% 0.083 1,180

32% 0.076 1,160

33% 0.070 1,140

34% 0.065 1,120

35% 0.059 1,100

36% 0.053 1,080

37% 0.048 1,060

38% 0.044 1,040

39% 0.041 1,020

40% 0.038 1,000

41% 0.035 980

42% 0.032 960

43% 0.030 940

44% 0.028 920

45% & UP 0.026 900

(c) SUBSTANDARD LOTS - Vacant lots which are nonconforming to the required lot size

shall be allowed a floor area which is the larger of 1,200 sq. ft. or the floor area ratio

applicable to the lot's slope category, except when the average lot slope exceeds 30%,

then the allowed floor area shall be the larger of the minimum floor area or the floor area

ratio applicable to the lot’s slope category as shown on Table 2 – HRO-2 Floor Area

Ratio Standards.60

(d) FLOOR AREA TRANSFER The permanent transfer of floor area development

potential in the HRO 2 Zoning District from one discontinuous site to another site within

the HRO-2 Zoning District shall be permitted upon approval of an Administrative Floor

Area Transfer application by the Zoning Administrator. Any project resulting in a floor

area ratio exceeding 0.5 shall be subject to public hearing by the Planning Commission.

Floor Area Transfer applications are subject to the following:61

1. Application requirements A Floor Area Transfer application shall be accompanied

by the following:

a. Map showing the location and boundaries of the proposed sending and receiving

parcels.

60 Amended by Ord. 979, 5/14/02; Ord. 982, 1/28/03 61 Amended by Ord. 2018-1133, §1, 8/28/2018

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b. Calculations showing the maximum allowable floor area on the receiving parcel

according to the requirements of this ordinance.

c. Site plan of the receiving parcel showing the proposed locations of all buildings,

driveways, and grading.

d. A signed contractual agreement with the owner of the sending property to

transfer floor area to the owner of the receiving parcel, and agreeing to record an

open space or conservation easement restricting all development potential

attributable to the sending parcel, and evidence of title insurance on the sending

parcel indicating that the parties to the contractual agreement have the right to

enter into such a contract.

e. Program for ownership and management of the sending property. Such a

program may include merger with contiguous property, fee ownership by a

private conservation organization; fee ownership by the owner of the receiving

parcel, or other means approved by the Planning Commission.

f. If the receiving parcel is not served by a roadway that is improved to current City

standards, an approved hillside road improvement plan.62

2. Standards for Floor Area Transfer

a. Floor area and development rights transfer shall be by recordation of a deed of

development rights transfer on each lot describing the transfer between the

owners of the sending and receiving parcels.

b. An open space or conservation easement and an ownership and open space

management plan for the sending parcel shall be approved and recorded prior to

issuance of a building permit for construction of any transferred floor area.

c. The total floor area allowed on the receiving property shall be that which would

be allowed on the receiving lot plus 1,200 sq. ft. If the applicant can demonstrate

through survey that the sending property would yield more than 1,200 sq. ft. then

the floor area allowed on the receiving site shall be the summation of the floor

area allowed on the sending and receiving sites. Total allowed floor area shall

not exceed 3,500 sq. ft. on any one lot.

3. Conditional Use Permit Findings Required for Approval

a. The proposed transfer of density is consistent with the policies of the San Juan

Hills Area Plan and the Geologic Hazards Ordinance.

b. Adequate infrastructure exists or its construction is assured, and for sites

requiring road improvement plans, such plans have been approved.

c. The pattern of development which would result from the transfer of floor area is

better than could be achieved through the application of this ordinance without

62 Amended by Ord. 2018-1133, §1, 8/28/2018

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floor area transfer, due to less grading, less street and utility extension, and better

building site locations.

d. The sending property will be protected from development by the establishment

of a conservation easement over its entirety, or be merged with an adjacent lot

and a conservation easement established over land equal in area to the sending

site, and the ownership and management of such property will be adequately

provided for.

e. The proposed building sites will not be in an area designated Md or Pdf on the

current geologic hazards map.

f. All floor area transfer standards will be met.

(e) DENSITY TRANSFER - The permanent transfer of residential units in the HRO-2

Zoning District from one group of lots to another discontiguous site along the same

roadway and within the same statistical subarea as shown on the San Juan Hills Area

Plan shall be permitted upon approval of a conditional use permit by the Planning

Commission. Density transfer use permits are subject to the following:

1) Application requirements - A conditional use permit application for density transfer

shall be accompanied by the following:

a. Map showing the location and boundaries of the proposed sending and receiving

parcels.

b. Calculations showing the maximum allowable density and minimum lot size on

the sending and receiving parcels according to the requirements of this

ordinance.

c. Site plan of the receiving parcels showing the proposed locations of all homes,

driveways, and grading.

d. A signed contractual agreement with the owner of the sending property to

transfer density to the owner of the receiving parcel, and agreeing to record an

open space or conservation easement restricting all development potential

attributable to the sending parcel and evidence of title insurance for the sending

parcel indicating that the parties to the contractual agreement have the right to

enter into such a contract.

e. Program for ownership and management of the sending property. Such a

program may include merger with contiguous property, fee ownership by a

qualified private conservation organization, fee ownership by the owners of the

receiving parcel, or other means approved by the Planning Commission.

f. An application for a tentative subdivision map.

g. An approved hillside road improvement plan.

2) Standards for Density Transfer

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a. The receiving site shall be at least 20,000 sq. ft. and each lot created as part of

the density transfer procedure shall be a minimum of 10,000 sq. ft. and shall not

be required to meet the minimum lot size standards Section 4.7.9. b. One

transferred residential unit shall be allowed for each 3 lots, which have density

transferred from them.

b. Density transfer shall be by recordation of a deed of development rights transfer

on each lot describing the transfer between the owners of the sending and

receiving parcels.

c. An open space or conservation easement and an ownership and open space

management plan shall be approved and in place prior to issuance of a building

permit for construction of any transferred density.

d. The floor area allowed on each lot created as part of the density transfer

procedure shall be 3,500 sq. ft.

3) Conditional Use Permit Findings Required for Approval

a. The proposed transfer of density is consistent with the policies of the San Juan

Hills Area Plan and the Geologic Hazards Ordinance.

b. Adequate infrastructure exists or its construction is assured.

c. The pattern of development which would result from the transfer of density is

better than could be achieved through the application of this ordinance without

density transfer, by reducing the need for roadway extensions, reducing grading,

and relocating development potential to less steep areas.

d. The sending property will be protected from development by the establishment

of a conservation easement over its entirety, or be merged with an adjacent lot

and a conservation easement established over land equal in area to the sending

site, and the ownership and management of such property will be adequately

provided for.

e. The proposed building sites will not be in an area designated Md or Pdf on the

current geologic hazards map.

f. All density transfer standards will be met.

(f) LOT LINE ADJUSTMENTS: Lot line adjustments are permitted in the HRO-2 Zoning

District upon approval by the Zoning Administrator. Any lot line adjustment resulting

in four (4) or more reconfigured lots shall be subject to a public hearing by the Planning

Commission. Lot line adjustment applications are subject to the following:

1. Application Requirements:

a. Site plan of the proposed parcels showing existing property lines, the proposed

sizes of the newly configured parcels, and the locations of all homes, driveways,

and grading.

b. An approved road improvement plan.

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2. Standards for Lot Line Adjustments:

a. The lot size standards of section 4.7.11a must be met. They may be waived if

the following standards are met:

1. The proposed lot line adjustment is consistent with the policies of the San

Juan Hills Area Plan and the Geologic Hazards Ordinance.

2. The pattern of development which would result is better than could be

achieved through the application of this ordinance without lot line

adjustment, due to less grading, less street and utility extension, and better

building site locations.

3. The total number of lots is reduced.

4. No reconfigured lot shall be less than 10,000 sq. ft. and no lot shall be

reduced from its present size.

5. Adequate infrastructure exists or its construction is assured.

b. For each lot eliminated 900 sq. ft. shall be allowed on the reconfigured site in

addition to that which would be allowed on the newly configured lot by the floor

area standards of Sec.4.7.11 (b), up to a maximum of 3,500 sq. ft.

4.7.12 HRO-3 ZONING DISTRICT STANDARDS63

(a) RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - Each lot existing as of the

time of application of this ordinance and each lot created by land division shall comply

with the General Density and Lot Size Standards of Section 4.7.9 unless a use permit for

clustering of single family homes or townhouses is granted.64

(b) FLOOR AREA - Except as provided in Section 24, the maximum allowable floor area

for single-family homes shall be 3,500 sq. ft. and 3,750 for single-family homes with

three-car garages, 2,500 sq. ft. average unit size for townhouse developments, and 2,500

sq. ft. for single-family homes on substandard lots and on lots over 45% average slope.65

(c) CLUSTERING OF SINGLE FAMILY RESIDENCES AND TOWNHOUSES - The

grouping of single family residences and townhouses on smaller lots than specified in

Table 1 may be allowed in the HRO-3 District upon the granting of a Conditional Use

Permit.

(1) Application requirements. A Conditional Use Permit application for clustering or

townhouses shall be accompanied by the following:

a. A map showing the existing parcels with dimensioned parcel boundaries, parcel

areas, and topography at five (5) foot contour intervals or less.

63 Added by Ord. 848, 8/8/91 64 Amended by Ord. 2018-1131, §14, 4/24/2018 65 Amended by Ord. 2017-1118, §25, 5/23/2017

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b. Site plan showing the proposed parcels with dimensioned parcel boundaries,

parcel areas, together with proposed locations of all homes, yard areas,

driveways, and grading.

c. A proposal for the location, ownership, and management of the permanent open

space.

d. A detailed storm drainage runoff analysis of impacts to the respective drainage

area together with a schedule of necessary improvements.

e. A hillside road plan for any needed roadway extensions.

f. A preliminary plan indicating how water service will be provided.

g. Documentation that sewage treatment capacity is available.

h. A statement indicating how the proposed project complies with each of the

Western Hills Area Plan policies regarding geologic hazards, biotics, land use,

open space areas, community design, transportation and circulation, and

infrastructure.

(2) Standards for Clustering of Single Family Homes

a. Residential density within the development shall be required to meet the density

standards of section 4.7.9 but not the minimum lot size standards.

b. The minimum lot size in clustered development shall be 10,000 sq. ft. for single

family residences.

c. The lot dimension standards of Section 4.7.4 shall not apply. Clustered lots shall

not be less than 50 feet in average width, nor have less than 30 feet street

frontage.

d. Permanent open space shall be provided over all open space parcels and over all

portions of lots exceeding 10,000 sq. ft.

e. Except as provided herein, all other development standards of the HRO-3 district

shall apply.

(3) Standards for Clustering of Townhouses

a. Residential density within the townhouse development shall be required to meet

the density standards of section 4.7.9 but not the minimum lot size standards.

b. No more than 30% of all dwellings constructed in any one development east of

Hastings Drive shall be townhouses, and all dwellings constructed west of

Hastings Drive and accessed by Carlmont Drive shall be townhouses.

c. The minimum lot size and building setback standards in the townhouse

development shall be established through the use permit process to assure

adequate open space and privacy.

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d. Fee title lots for individual townhouses shall generally conform to each unit's

outer perimeter walls, private yards, garages, and driveways.

e. Private yards no less than 250 sq. ft. shall be provided for all townhouses.

f. All areas not part of developed common area or private townhouse lots shall be

placed in open space parcels. Permanent open space easements shall be

provided over all open space parcels.

g. Except as provided herein, all other development standards of the HRO-3 district

shall apply.

(4) Conditional Use Permit Findings Required for Planning Commission Approval:

a. The development resulting from clustering is consistent with the policies of the

Western Hills Area Plan.

b. For single family home clustering all standards of Sec. 4.7.12(c)(2) will be met,

and for townhouse clustering all standards of Section 4.7.12(c)(3) will be met.

c. The open space areas will not create an enforcement or maintenance problem

and will be protected from development by the establishment of an open space

or conservation easement over its entirety, and adequate provision for the

ownership and management of such property and easements will be provided.

d. Adequate new roadways and water, drainage, and sewerage facilities to serve the

development are assured.

e. The general use permit findings of Section 11 are supported by the nature of the

request.

4.7.13 EXCEPTIONS AND VARIANCES TO HRO-1, HRO-2, AND HRO-3 STANDARDS66

Exceptions to floor area standards for single family homes according to the provisions of

Section 4.2.10 shall not be allowed. All HRO standards shall be subject to the variance

provisions of Section 10.

66 Amended by Ord. 971, 8/14/01; Ord. 2018-1131, §15, 4/24/2018

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SECTION 5A – CORRIDOR MIXED USE DISTRICT1

Editor’s Note: Current through Ordinance 2019-1141

5A.1 CORRIDOR MIXED USE OR CMU DISTRICT - The following regulations apply in CMU

Districts.

5A.1.1 PURPOSE – The Corridor Mixed Use District applies to parcels along El Camino Real

outside of the Belmont Village Specific Plan area and is intended to accommodate community- and visitor-serving retail and services, lodging, office, and high density

residential in a mixed use setting. A mix of uses on individual development sites is desired,

but not required. A community benefits program allows additional height, density and

intensity to be granted in exchange for the provision of specified community benefits.

5A.1.2 PERMITTED USES. Subject to Section 9.5.6, the following are permitted uses:

(a) Animal sales and services, including animal clinics and grooming, and animal retail sales

(pet shops).

(b) Banks and retail financial institutions without drive-through service.

(c) Business and professional offices when located above the ground floor; and such uses on

the ground floor when not replacing a use permitted by Section 5A.1.2 (d), (k), and (l) in a space not to exceed 3,000 square feet unless determined by the Director to be an office

use serving walk-in clientele.

(d) Business services.

(e) Government buildings.

(f) Instructional services.

(g) Maintenance and repair services.

(h) Multi-family dwellings when located above the ground floor.

(i) Nursery and garden center.

(j) Personal services, General.2

(k) Restaurants.

(l) Retail stores engaged in the selling of retail products and services, including but not

limited to art, appliance, auto accessories, hardware and variety stores, bakeries, dry

cleaning for the retail trade only, food and drug stores, and tailor shops, but excluding

building materials and services.3

(m) Utilities, that are minor in nature and an accessory use intended to serve an existing or

1 Added by Ord. 2017-1124, §30, 11/28/2017 2 Amended by Ord. 2019-1141, §5, 5/28/2019 3 Amended by Ord. 2019-1141, §5, 5/28/2019

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planned land use and meet all of the standards of the City Code.

5A.1.3 CONDITIONAL USES - Subject to Section 9.5.6, the following uses are allowed with a

conditional use permit.

(a) Automobile rental agency.

(b) Auto/vehicle sales and services, including dealers and new and used car sales lots, automobile repair services, service stations and electric vehicle charging facilities, and

vehicle washing.

(c) Banks and retail financial institutions on the ground-floor in a mixed use building, not to

exceed 3,000 square feet.

(d) Commercial amusement, entertainment, and health club enterprises, including cinemas,

indoor theaters, ice rinks, and related facilities, which may be publicly- or privately-

owned.

(e) Communication facilities, including antennas and transmission towers equipment within

buildings.

(f) Community assembly.

(g) Day care centers.

(h) Emergency shelter only in the S-2 Emergency Shelter Combining District, in compliance

with Section 21.

(i) Group residential.

(j) Health clinics.

(k) Hospital

(l) Hotels and motels.

(m) Multi-family dwellings on the ground floor, with a determination by the Planning

Commission that a single use building is appropriate for the site and is setback at least

10 feet from the front and street side lot lines. In determining whether a single use

building is appropriate for the site, the Commission shall consider whether:

(1) The layout and street orientation of the project site, parking and circulation traffic

pattern for the project are conducive for the operation of ground floor commercial,

retail or restaurant uses.

(2) The project would be replacing an existing retail or restaurant use on site.

(3) There are existing commercial, retail, or restaurant uses within ¼ mile of the project

site that would meet the needs of the building occupants.

(4) The project would provide 30% or more units of affordable housing.

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(n) Non-traditional financial institutions, including check-cashing facilities, payday lenders,

and pawn brokers.

(o) Recycling collection facilities.

(p) Restaurants that sell predominantly take-out meals or provide drive-in or drive-through

service.

(q) Social service center.

(r) Utilities and other major facilities that are determined by the Director not to be minor

and accessory to a permitted or conditional use.

5A.1.4 ACCESSORY USES – Accessory uses, including ancillary and incidental uses, necessary to

the operation of a use but of less intense nature, are permitted if the primary use is permitted.

Where the primary use requires a conditional use permit, ancillary uses shall also require a

conditional use permit.

5A.1.5 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities

shall be provided in accordance with the provisions of Sections 8 and 8A.

5A.1.6 FLOOR AREA RATIO - The maximum floor area ratio in the CMU District shall be 1.75, which may be increased up to 2.2 with provision of community benefits approved by the City

Council under Section 5A.2. This FAR limit applies to the entire development on a site,

inclusive of any residential component.

5A.1.7 RESIDENTIAL DENSITY - The maximum residential density in the CMU District shall be

45 units per net acre, which may be increased up to 60 units per net acre with provision of

community benefits approved by the City Council under Section 5A.2.

5A.1.8 TRANSITIONAL YARDS - Transitional yards shall be provided according to the

regulations as set forth in Section 9.7.5.

5A.1.9 DESIGN REVIEW - All new construction and exterior modifications are subject to design

review under Section 13.

5A.1.10 LANDSCAPING - All new structures established in this District shall be subject to

landscaping requirements in Section 13.3 and the following additional requirements. Projects

involving the construction of new floor area shall provide a minimum of 10 percent of the

site in landscaping and a minimum of one tree for each 400 square feet of landscape area.

5A.1.11 BUILDING HEIGHT.

(a) No building may exceed:

(1) 45 feet in height, or

(2) 55 feet with community benefits as prescribed in Section 5A.2.

(b) Non-habitable building features such as chimneys (up to six feet in width), cupolas,

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flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% percent of the top floor roof area to which they are accessory, may

exceed maximum permitted height standards by eight feet.

5A.1.12 SITE DEVELOPMENT STANDARDS - All development shall conform to the following:

(a) Minimum lot size shall be 7,200 square feet.

(b) Minimum lot width shall be 60 feet.

(c) Minimum setback requirements: None except for ground-floor residential uses to which

the following setbacks apply: 10 feet front yard; five feet plus two feet per each additional

story above three stories, side yard; and 15 feet rear yard.

(d) Minimum upper-story horizontal setbacks for residential uses: five feet from a vertical

plane projected upward from an interior lot line; 10 feet for a bedroom or living room

window and five feet on either side of that window.

(e) Minimum ground floor height: 15 12 feet for non-residential space; 10 feet for residential

space.

5A.1.13 BUILDING DESIGN STANDARDS - All development shall conform with the objective

design standards in Section 13.6.1 and 13.6.2 as applicable and to the following:

(a) Ground Floor Transparency. At least 50% percent of the exterior walls on the ground

floor facing and within 20 feet of a front or street side lot line shall include windows, doors, or other openings located between 2.5 and seven feet above the level of the

sidewalk.

(1) Design of Required Openings. Openings fulfilling this requirement shall have transparent or moderately-tinted glazing and provide views into work areas, display

areas, sales areas, lobbies, or similar active spaces, or into window displays that are

at least three feet deep and five feet wide. Shading or use of drapes or other internal

window covering for energy efficiency may be approved.

(2) Exceptions for Parking Garages. Multi-level garages are not required to meet the

building transparency requirement of this subsection.

(3) Exceptions for residential uses. Ground floor residential uses are not required to

meet the building transparency requirement of this subsection.

(34) Alternatives through Design Review. Alternatives to the building transparency

requirement may be permitted through Design Review if:

(A) The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a

cinema or theater; and

(B) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the

pedestrian level.

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(b) Building Entrances. The primary pedestrian access to all ground-level commercial uses shall be from a public sidewalk. In mixed-use developments, entrances to residential

units shall be physically separated from the entrance to the commercial use and clearly

marked with a physical feature such as a recess or projection incorporated into the

building or appropriately-scaled element applied to the façade.

(c) Outdoor Living Area for Residential Units. A minimum of 36 square feet per unit of outdoor living

area must be provided for residential units. This requirement may be met by common or

private open space or a combination of the two. Common areas may consist of landscaped areas, patios, swimming pools, barbeque areas, and similar improvements designed to serve

residents. Landscaped rooftop gardens may fulfill up to 50% percent of this requirement.

Private areas may consist of balconies, decks, fenced yards, and similar areas directly

accessible from a unit.

5A.2 COMMUNITY BENEFIT BONUSES

5A.2.1 PURPOSE AND APPLICABILITY. To provide an incentive for development, in partnership with the City, to provide community benefits that would not otherwise be created, the City

Council may grant increased FAR, density or height in return for provision of specific

community benefits, as listed below or subsequently identified by the City Council, if doing so is in the City’s interest and will help implement the General Plan, and these benefits cannot

be realized without granting increased FAR, height, and/or density.

5A.2.2 BONUSES AVAILABLE

(a) For Lot Consolidation. In order to promote the consolidation of small lots into larger

sites, which are better able to accommodate mixed use development and thus confer

community benefits, the City Council may approve an increase in the maximum

allowable base FAR up to 10 percent if such an increase is needed to ensure development feasibility based on an independent, third-party appraisal. This additional FAR may be

combined with additional FAR earned for other community benefits listed in paragraph

(b) below.

(b) For Other Community Benefits. Increased FAR, height, and density up to the maximums

with community benefits listed in Section 5A.1.6, 5A.1.7 and 5A.1.11 may be approved

by the City Council for the following community benefits:

(1) On-site affordable housing in an amount exceeding the City’s requirements for

inclusionary housing established in the Zoning Ordinance.

(2) Public access easements, wider sidewalks, and additional public right-of-way

provided where identified in the General Plan.

(3) Public right-of-way improvements, which are in addition to those required to serve

new development.

(4) Art in public places, including art in privately-owned publicly accessible plazas and

courtyards.

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(5) Privately owned publicly accessible open space exceeding the minimum requirements of this Ordinance, and consistent with the general types and locations

of desired public parks and plazas identified in the General Plan.

(6) Below-market rental rates guaranteed for a minimum of ten years for a day care

center, cultural facility or incubator space for qualifying small businesses.

(7) Retention or construction of retail or office commercial development within the CMU

Corridor Mixed Use District.

(8) Contributions to a Council-administered Community Fund or Community

Recreation Fund, if one is created.

(9) Community recreational facilities, such as an ice rink.

(10) Any other community benefit, as determined by the City Council after a duly-noticed public hearing, to be significant, substantial and essential for Specific Plan

implementation and which would not otherwise be provided if increased FAR, height

or density is not approved.

5A.2.3 PROCEDURES FOR AWARDING BONUSES; FINDINGS REQUIRED - After conducting a duly-noted public hearing, the City Council may grant increased FAR, density

or height, as requested by the applicant or as modified by the Council, in return for provision

of specific community benefits if the City Council determines that (1) making such an award is in the City’s interest and will help implement the General Plan, (2) these benefits cannot

be realized without granting increased FAR, height, and/or density, and (3) that the increase

granted is the minimum necessary to realize these benefits and no adverse impacts or land use incompatibilities will be created that are judged unacceptable. The decision to grant

increased FAR, density or height is discretionary, and the Council is not obligated to grant

any increase if any of these required findings cannot be made.

5A.2.4 MODIFICATIONS AND CHANGED PLANS

(a) Minor Modifications. The Community Development Director may approve minor

modifications, not to exceed 10 percent of any dimensional requirement or standard, to

an approved project that are consistent with the original findings and conditions approved by the review authority and would result in the same or substantially similar community

benefits.

(b) Changed Plans. A proposed change in an approved project subject to the requirements

of this section that would result in a change of more than 10 percent increase in any dimensional requirement or standard trips must be accompanied by a statement of what

modifications or additions to the approved community benefits will be made to ensure

the City derives the same or substantially similar benefits. The Planning Commission may conditionally approve such a change, subject to annual monitoring, after holding a

duly-noticed public hearing and confirming that the community benefit program’s

objectives are being met.

5A.2.5 IMPLEMENTATION AND MONITORING - A report documenting the community

benefits realized under this program or an affidavit confirming that the requirements of this

section have been met must be submitted to the Community Development Director within

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one year of project approval. If the approved community benefits consist of solely physical development or measures that would be performed once, this report must be submitted once.

For measures that are ongoing commitments, this report must be submitted annually. If the

annual report shows compliance for three consecutive years, no further annual reports are

required. A five-year review may be required by the Director to evaluate the overall effectiveness of all community benefits derived from this program and may suggest new or

modified benefits for the Council’s consideration.

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SECTION 13 - DESIGN REVIEW

13.1 PURPOSE.

(a) The regulations in Section 13 establish site plan and architectural design review

processes for multi-family (three or more units), commercial and mixed uses that ensure

development is attractively designed, potential aesthetic impacts are mitigated, and property owners have predictable design approval standards for development that are

consistent with the location’s planning framework. The multi-family and commercial

design review processes in this Section do not apply to single family and duplex residential dwellings and their accessory structures which are governed by the process in

Section 13A.

The purpose of this section is to preserve the natural beauty of the City and the natural cover of trees and shrubs, and avoid excessive and unsightly grading of hillsides and

ensure that new uses and structures will enhance their sites and be harmonious with

improvements in the surrounding area. Plans for all new uses and structures shall be

reviewed by the Planning Commission. All single family and duplex residential

dwellings shall be subject to Section 13A (Single Family Design Review).1

(b) The Design Review entitlement is focused on form and appearance. It is not a Use Permit

which focuses on the compatibility of land uses.

13.2 PLANS TO BE APPROVED DESIGN REVIEW REQUIREMENT2

13.2.1 SCOPE

(a) Design rReview approval under Section 13 (“Design Review”) is required for all new

structures and exterior alteration of structures not governed by Section 13A and Section

24.

(b) “Exterior alteration” includes replacing elements such as windows or doors and

repainting or refinishing No building permit for a new structure, exterior alteration or

enlargement, including exterior remodeling or repainting which is different fromwith design, the elements, design materials or colors which have been different than

previously approved. by the Planning Commission, without first receiving Design

Review approval in accordance with Section 13. and no certificate of occupancy for a new use with alterations or enlargement of an existing use, shall be issued unless the site

plan, the architectural elevations, color palette, and the landscape plan have been

approved by the Commission as provided for herein. Single family and duplex residential

dwellings are exempt from this Section, but shall be subject to Section 13A.

13.2.23 REQUEST FOR DESIGN REVIEW APPLICATION

(a) Mandatory Pre-Application Meeting. A Design Review applicant must complete a pre-

application meeting with planning staff before submitting an application for projects

requiring Zoning Administrator, Planning Commission, or City Council approval.

1 Amended by Ord. 717, 3/13/84; Ord. 877, 2/22/94; Ord. 940, 2/26/99; Ord. 996, 2/24/04 2 Amended by Ord. 543, 6/24/74; Ord. 996, 2/24/04

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(b) Application. To initiate An applicant for Design Review, an applicant must submit an

application in compliance with Section 10.4.3

13.3 PLANS TO BE SUBMITTED - The owner of the site, an authorized agent, or the master

developer shall submit the following plans and drawings to the Zoning Administrator prior to application for a building permit, provided however that permits issued to the master

developer or lawful possession of the subject property is transferred to the master developer,

or is a master developer authorized by the owner to implement the master development plan,

and the Redevelopment Agency approves a master development plan.

(a) An accurate scale drawing of the site showing the contours at intervals of not more than

five (5) feet, the locations of existing trees and other natural features and the locations of existing uses, structures and other improvements, including driveways, pedestrian walks,

off-street parking and off-street loading areas, landscaped areas, fences and walls. The

drawing also shall show the locations of streets and other rights-of-way adjoining

properties within 50 feet of the site.

(b) A site plan, drawn to scale, showing the proposed layout of structures and other

improvements include driveways, pedestrian walks, off-street parking and off-street

loading areas, locations of entrances and exits and the direction of traffic flow into and out of off-street parking and off-street loading areas, loading berth, and areas for turning

and maneuvering vehicles.

(c) Architectural drawings or sketches drawn to scale showing all elevations of the proposed

structure as they will appear upon completion.

(d) A landscape plan showing the location of existing trees and other natural features

proposed to be retained on the site, the location and design of landscaped areas and the

varieties of plant materials to be planted therein and all other landscape features.

13.3.21 LANDSCAPE ING REQUIREMENTS IN THESTANDARDS. The landscape standards

under Section 13.3 apply to projects subject to Design Review unless the standards governing

the particular use or district provide otherwise. "COMMERCIAL " AND "M" DISTRICTS.

landscape

13.3.1 PROJECT REQUIREMENTS –

(a) Landscape design features must occupy at leastA minimum of ten (10) percent10% of

the gross site area if the district regulations do not specify otherwise. shall be devoted to

landscape design features.

(b) Required landscape design features must shall consist of one or more of the following: 4

(1) Plantings of live plant materials.,

(2) Llarge-scale sculptures, fountains and similar urban art related to building design.,

(3) sSpecially designed plazas, courtyards, sitting areas orand walkways.

3 Amended by Ord. 641, 1/22/79; Ord. 717, 3/13/84 4 Amended by Ord. 641, 1/22/79

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(c) For new or substantially altered landscape plans, preferred tree and plant species identified in the City’s preferred tree species list and the Green Infrastructure Plan, as

applicable, must comprise at least 75% of the overall planting materials, except as

required to meet water efficiency and vegetation management requirements. For the

purposes of this subsection, “substantial alteration” means altering more than 50 % of

the site’s total landscape area.

(d) Landscape plans must be consistent with the Water Efficiency in Landscape Ordinance

(WELO), adopted by the City’s water provider, Mid-Peninsula Water District (MPWD),

as applicable.

(e) Unless specifically exempted by the Fire Marshal, properties within high or very high

fire hazard severity zones areas must include vegetation management plans (VMP), as

part of the landscape plan submittals.

(f) All landscaped areas including, but not limited to, lawns, shrub areas, ground cover areas,

tree wells and raised or on grade planters must be equipped with a complete underground

irrigation system.

(1) The system must be operated by an automatic time clock when the number of

sprinkler control valves is five or more.

(2) When the landscaped areas are small or of such design as to warrant, in the judgment of the Community Development Director, the irrigation of all or some planting areas

may be accomplished by quick coupler valves or hose bibs.5

(g) All new surface parking lots must include landscaping and screening consistent with

Sections 8A2.3(j) and 8A2.3(l), respectively.

13.3.32 GENERAL REQUIREMENTS FOR LANDSCAPE PLANS.

(a) All landscape plans must be prepared by a landscape architect licensed by the State of

California except for total landscaped areas of not more than 500 square feet.6

(b) Landscape plans must show the existing and proposed features and information described

below.

(1) Existing Features

(A) TheLandscape plans shall show the location of existing trees, their common and

botanical name, size, condition, disposition.

(B) and oOther natural features proposed to be retained on the site.,

(2) Proposed Features.

(A) The location and design of proposed landscaped areas and the varieties of plant

materials to be planted therein and all other landscape features.

5 Amended by Ord. 717, 3/13/84

6 Amended by Ord. 717, 3/13/84

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(B) Any landscape plan is to provide the name and size of existing trees, their condition, and disposition, and shrubbery, and their common and botanical

name. A complete description of materials, designs and colors for proposed

features other than live plant materials that are proposed., a complete description

of materials, designs and colors shall be provided.

Each applicant shall be responsible for the replacement of all diseased or dead plant

materials where the installation of such plant material was provided for in the

application. All landscape design features both existing to remain and proposed shall be maintained in a viable and operable condition. The intent and purpose

of this Section is to ensure that all new plantings of live plant material shall be

sufficient and properly irrigated and that trees to be retained are protected from damage and injury during construction periods. (C) A planting pallet or table

that lists the number of a particular type of plant, whether the plant is California

native or locally acclimated, and the level of drought tolerance.

Additional landscape plan requirements are as follows:

13.3.3 CONSTRUCTION PLANS.

(25) Adequate and appropriate irrigation construction plans, and specifications shall must be

submitted as part of the building permit application unless the project is found by the Community Development Director to be small in scope and can be adequately described in

written form. to the satisfaction of the Park Superintendent.

13.3.4 MAINTENANCE. The applicant and property owner are responsible for maintenance of

approved landscapes as follows.

(a) aAll new plantings of live plant material shallmust be sufficient and properly irrigated

and that trees to be retained are protected from damage and injury during construction

periods.

(b) (36) Each applicant shall be responsible for the replacement of all dDiseased or dead

plant materials must be replaced where the installation of such plant material was

provided for in the application.

(c) All existing landscape design features to remain, and new proposed landscape features

mustshall be maintained in a viable and operable condition. The intent and purpose of

this Section is to ensure that all new plantings of live plant material shall be sufficient

and properly irrigated and that trees to be retained are protected from damage and injury

during construction periods.

Continuing Maintenance:

(a) Every landscape plan approved by the Planning Commission includes a condition that the property owners at their expense shall maintain the landscaping, parking areas and

fencing and other elements in landscaping areas to the satisfaction of the Planning

Commission.

(b) The Planning Commission may waive this condition for projects, which in the opinion

of the Planning Commission, do not warrant it.

(c) Breach by the property owner of the obligation to maintain shall be deemed a public

nuisance.

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(47) All Landscape Plans shall be prepared by a Landscape Architect licensed by the

State of California except for total landscaped areas of not more than 500 square feet.7

(58d) Trees to be retained shall must be protected against injury during periods of

construction. Tree protection methods as outlined in "Protecting Trees Against Damage

from Construction Work the City of Belmont Standard Tree Protection Measures," or as recommended by the project arborist and approved by the Community Development

Director shall must be followed. City of Belmont standard drawings 147, 148, 148A and

149.8

13.3.4 SINGLE FAMILY RESIDENTIAL DESIGN STANDARDS – DELETED

13.4 REFERRAL TO COMMISSION - The Zoning Administrator shall refer the plans and

drawings to the Planning Commission.9

13.4.1 Provided that when any additions and/or changes would affect existing traffic conditions

surrounding a proposed site the Zoning Administrator shall, prior to referral of plans to the

Planning Commission, submit said plans and drawings to the Chief of Police, the City Engineer, and the City Planner of the City of Belmont, for review. Said City staff members

shall review said plan (the effect on traffic safety of the proposed site additions/changes) with

consideration of the following:10

(a) The effect of the site development plan on traffic conditions of abutting streets.

(b) The layout of the site with respect to locations and dimensions of vehicular and pedestrian

entrances, exit driveways and walkways.

(c) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion.

(d) The location, arrangement and dimensions of truck loading and unloading facilities.

(e) The circulation patterns within the boundaries of the development.

(f) The surfacing and lighting of off-street parking facilities. Where any aforementioned staff member finds the proposed additions/changes will adversely affect traffic safety, a written

report shall be submitted setting forth the reasons for such finding to the Planning

Commission.

Where any aforementioned staff member finds traffic safety will not be adversely affected, they shall

indicate this to the Planning Commission.

13.5 ADMINISTRATIVE APPROVALS:11

7 Amended by Ord. 717, 3/13/84

8 Amended by Ord. 717, 3/13/84

9 Amended by Ord. 717, 3/13/84

10 Amended by Ord. 457, 12/14/70; and by Ord. 717, 3/13/84

11 Added by Ord. 839, 4/10/92; Amended by Ord. 885, 9/8/94; Ord. 1005, 2/24/05; Ord. 1071, 5/14/13

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(a) The Planning Commission may pre-approve color combinations for use on signs and awnings

and repainting of existing buildings.

(b) The Director of Planning may administratively approve the use of the pre-approved colors

provided that the Director of Planning finds that the colors are 1) compatible with buildings

on adjacent properties; and 2) consistent with the applicable design guidelines of the City of Belmont. In addition, the Director of Planning may administratively approve replacement,

relocation, and/or additional windows, doors, awnings and minor modifications not adding

floor area, provided that the application is consistent with Section 13.5.3.

(c) Notice of the administrative approval and the opportunity to file a written appeal shall be

sent to the City Council, Planning Commission, and the applicant and adjacent property

owners via U.S. mail. Notice to the Council and Commission may be provided by mail.

(d) Applications which are not found to meet these criteria and principals shall not be

administratively approved and shall be subject to the same procedures requiring Planning

Commission review.

13.5.1 DELETED12

13.5.2 DUTIES AND RESPONSIBILITIES OF BOARD – DELETED13

13.4 REVIEW PROCEDURE

13.4.1 Reviewing Authority. The Design Review entitlement reviewing authority for projects within

the scope of Section 13.2 is specified in Table 13.4.

Table 13.4 - Design Review (DR) Authority Thresholds.

Project Characteristics Reviewing Authority

• Replacement, relocation, and addition of windows, doors, awnings,

and other minor modifications not adding floor area.

• Repainting of building exteriors, and modifications to previously

approved exterior colors.

• Modifications to landscaping and exterior lighting plans.

• New Rooftop equipment and screens visible from off-site.

• Modifications to existing parking lots (reconfiguration or expansion), not associated with expansion of the primary

commercial, multi-family or mixed-use building on site.

• Approval of signs under Section 23.11.3 in conjunction with

replacement, relocation, or addition of windows, doors, awnings, and

minor modification projects not adding floor area, which do not

constitute a substantial exterior remodel

Community

Development

Department

(CDD)

12

Deleted by Ord. 717, 4/13/84 13

Deleted by Ord. 717, 4/13/84

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Project Characteristics Reviewing Authority

• Additions to principal commercial, multi-family residential and

mixed-use buildings.

• New or modified detached accessory structures on a developed

property.

• Modifications to existing parking lots (reconfiguration or

expansion) associated with ZA level entitlement.

• Modifications to circulation and parking and loading facilities for

pedestrians, bicycles and motor vehicles on a previously approved development.

• Modifications or amendments to a Tree Removal Permit (TRP) on

a previously approved development; provided however, that the findings for approval of the TRP are made in the affirmative.

• DR with other ZA level entitlements

Zoning Administrator

(ZA)

• New principal and accessory buildings.

• Modifications to existing parking lots (reconfiguration or

expansion) associated with a PC level entitlement.

• Approval of signs under Section 23.11.3 to be located on new

buildings, building additions, or buildings undergoing substantial

exterior remodels.

• DR with other PC level entitlements

Planning

Commission (PC)

13.4 ZONING ADMINISTRATOR PROCEDURE.

(a) Project Notice. The Zoning Administrator gives notice of intent to take action in the

manner described in Section 10.1.3. The notice includes a general description of the project and its location in text or diagram, the proposed environmental determination and

action, and a statement that the Zoning Administrator will take action on the project

based on the written record unless an in-person meeting is requested in writing within 10

days of the project notice date by a property owner within 300 feet of the project site.

(b) Meetings. If requested, the Zoning Administrator gives notice of in-person meetings in

the same manner as project notice.

(c) Project Determination. The Zoning Administrator makes a Design Review entitlement determination after the project notice period expires, or if a meeting is requested, after

the meeting.

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(d) Referral. At any point before making a determination, the Zoning Administrator may refer a Design Review entitlement with a recommendation for determination to the

Planning Commission.

13.4.3 PLANNING COMMISSION PROCEDURE. The Zoning Administrator gives notice that the

Planning Commission will consider the Design Review entitlement at a meeting. The notice is given in the manner described in Section 10.1.3 and contains the information described in

Section 10.1.5(a) for the project and meeting.

13.4.4 APPEALS.

(a) Design Review entitlement decisions are government by Section 10.11 except as follows.

(b) For CDD determinations, the applicant may appeal a Design Review determination to

the Planning Commission. A decision on review by the Planning Commission is final

unless appealed by the applicant.

(c) For ZA determinations, the applicant and a property owner within 300 feet of the project

site may appeal the determination to the Planning Commission. The Planning

Commission may either affirm the underlying determination or forward the appeal to the City Council with a recommendation to approve, approve with conditions, or deny the

project.

(d) The City Council finds that ordinarily Design Review determinations at the CDD level shown in Table 13.4 do not have the potential to substantially or significantly adversely

affect the property rights of other property owners, and that Design Review

determinations at the ZA level shown in Table 13.4 do not have the potential to substantially or significantly adversely affect the property rights of other property owners

beyond neighboring property owners. The City Manager, in consultation with the City

Attorney, may expand the scope of notice and opportunity to appeal from CDD or ZA

level determinations if necessary due to facts peculiar to the proposed project to provide

due process.

13.5.3 PRINCIPLES TO BE FOLLOWED: STANDARDS FOR APPROVAL

13.5.1 HOUSING DEVELOPMENT PROJECTS.

(a) The reviewing body must approve or conditionally approve Design Review for a project that is defined as a “Housing Development Project” by the Housing Accountability Act

(Government Code Section 65589.5(h)(2) unless it makes one of the following findings

supported by a preponderance of the evidence in the record:

(1) The project does not comply with all applicable objective general plan, zoning,

subdivision and development standards including objective design review standards.

(2)

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(3)(2) The project would result in a specific adverse impact to public health and safety

that cannot be feasibly mitigated without denying the project or reducing its density.

(b) As used in subsection (a), a “specific, adverse impact” is defined by Government

Code Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety

standards, policies, or conditions as they existed on the date the application was

deemed complete.

13.5.2 OTHER DEVELOPMENT PROJECTS.

The reviewing body may approve or, conditionally approve Design Review for a project that

is not defined as a “Housing Development Project” by the Housing Accountability Act

(Government Code Section 65589.5(h)(2)) if it makes the following findings:

(a) City staff and consultants have provided technical review and conditions of approval are

included, as applicable, regarding project-related traffic, parking, grading, drainage,

storm-water runoff, sanitary sewer impacts, vehicular and pedestrian access, site

circulation, site stability, structural encroachments, and construction impacts.

(b)

(c)(b) The project is consistent with the landscape standards under Sections 13.3.1 as

applicable.

(d)

(c) The project is consistent with the development standards in the underlying zoning

district.

(d) The project is consistent with the objective design standards in Section 13.6, as

applicable.

Areas of aesthetic and site plan consideration shall include, but not necessarily be limited to,

the following:

(a) Review of buildings or structures for scale, mass, proportion, use of materials,

relationship to adjacent elements and relationship to the community as a whole.

(b) Review of proposed exterior color and material application with relationship to adjacent

architectural or natural elements. The intent with respect to review of color is to avoid

the use of extreme color.

(c) Review of proposed location, height and materials of walls, fences, hedges and screen plantings to insure harmony with adjacent development or to conceal storage areas,

utility installations or other surfacing to prevent dust erosion.

(d) Review of location, size, height, lighting and landscaping of signs as specified in the Sign Ordinance, in relation to traffic hazards and the appearance and harmony with the

environment. The intent with respect to review of color is to avoid the use of extreme

color.

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(e) Review of site layout considering the orientation and location of buildings and open spaces in relation to the physical characteristics of the site, the character of the

neighborhood, the appearance and harmony of the buildings with adjacent development

and the surrounding landscape.

(f) Review of the layout of the site with respect to locations and dimension of vehicular

and pedestrian entrances, exits, drives and walkways.

(g) Review of site landscaping including adequacy of irrigation plans, size and location of

plant materials, and protection of existing plant materials.

13.6 ACTION OF COMMISSION - The Commission shall approve, conditionally approve

or disapprove the site plan, the architectural elevations and the landscape plan or shall

request the owner to revise them.

13.76 LAPSE OF DESIGN REVIEW APPROVALS AND EXTENSION OF TIME - A

design review approval shall lapse and shall become null and void one two years

following the date on which it became effective unless, prior to the expiration of one

year, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site, or a certificate of occupancy is

issued by the Building Official for the site which was the subject of the design review

approval. Extension of time shall be governed by Section 10.5.14

13.6 OBJECTIVE DESIGN STANDARDS. The objective design standards under Section

13.6 apply to new or substantially modified buildings within the scope of Section 13.2 unless the regulations for the particular use or district provide otherwise. For the

purposes of this Section, a substantial modification means an addition of, or an alteration

to, more than 50% of exterior building walls of the existing building.

13.6.1 GENERAL DESIGN STANDARDS

(a) Building Design.

(1) Buildings shall carry the same design theme on all elevations. For the purposes of

this design standard, a theme includes primary (non-accent) materials and colors. Except in cases when the entire building is remodeled, building renovations and

additions shall be consistent with the original structure in form, style, materials, and

colors.

(2) Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not

distinguishable.

(3) Buildings of three stories or greater must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first

floor and upper floors along at least 75% of the building façade with frontage upon

a street, adjacent public park or public open space.

14 Amended by Ord. 906, 7/11/96

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(4) Buildings of two stories or greater must include one or more articulating features (offsets, recesses, or projections) above the ground floor of the building for at least

50% of the primary frontage and corner street side frontage, and if a multifamily

building in an R district also on elevations visible from the public right-of-way,

public park or public open space. The distance between features shall be no greater than 25 feet. When used, the minimum length and depth of these features shall be as

follows:

(A) Projection, offset, or recess of the building wall must be at least one foot in depth,

and five feet in width.

(B) Projection of bow, greenhouse or garden windows must be at least eight inches

in depth at the farthest point from the exterior walls of the building, and five feet

in width.

(C) Projection of bay windows must be at least 10 inches in depth measured at the

farthest point, and five feet in width.

(D) Projection of dormers must be at least two feet in depth measured at the farthest point from the exterior walls or roof surface of the building, and four feet in

width.

(E) Balconies and decks must be at least four feet in depth, and five feet in width.

(F) Projected or recessed covered porch areas must be at least four feet in depth and

width.

(5) Blank walls on the ground floor (facades without doors, or windows) shall be no greater than 25 feet in length along sidewalks, pedestrian walks, or publicly

accessible outdoor space areas. Such blank wall areas shall include landscape

screening (trees, shrubs, or green wall) for the entire length of the wall area at a

minimum of 50% of the height of the wall. An exception to this standard may be granted by the reviewing authority when an alternative means is proposed that would

articulate 50% or more of the affected building wall, or when a public art project or

mural is approved, which separately or together extend along the entire length of the

affected building wall.

(6) On multifamily buildings in R districts, window wall openings for garage ventilation

shall include screens that obscure the view of vehicles parked within the garage, as

seen from public vantage points.

(7) Trim surrounds of no less than one inch in depth shall be provided at all exterior

window and door openings. In lieu of exterior door and window trim, windows and

doors may be recessed from wall plane by a minimum of two inches.

(8) Belly bands, timbering and stone/brick base must be at least two inches in depth.

(9) A minimum of 5/8-inch thickness is required for panel siding. Battens are required

to be incorporated into the design for a board and batten appearance.

(10) Rooflines shall be vertically articulated at least every 50 feet along the street

frontage, through the use of architectural elements such as parapets, varying

cornices, reveals, clerestory windows, and varying roof height or form.

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(b) Roof-Top Equipment. All roof-top equipment shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks).

The point of view for determining visibility shall be 5 feet above grade at the ground

floor level of the building,, as seen with normal vision. If the roof structure does not

provide this screening, an equipment screen shall be included in the building design. Said screen shall incorporate the same architectural design, colors, and materials as the

building it occupies.

(c) Ground Equipment Screening. All exterior trash, recycling, and storage utility boxes, wood service poles, and electric and gas meters shall be screened from visibility from

the surrounding public vantage points (right-of-way, public trails, open space and parks).

Said screening shall incorporate the same architectural design, colors, and materials as

the building, perimeter fencing, or landscaping.

(d) Refuse Containers. Refuse containers must be designed in accordance with the following

standards:

(1) When individual garbage cans are used, they must either fit in the garage or into a

special enclosure.

(2) When dumpsters are to be used, designers shall coordinate with the refuse pickup

provider to determine the size and number of dumpsters required.

(3) All dumpster enclosures shall be a minimum of six feet tall, and shall allow adequate

size to accommodate the needed dumpsters and recycling containers.

(4) Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties), or more than 100 feet from a residential

unit. No minimum distance from dwellings is required if dumpsters are located

within a fully enclosed room.

(e) Lighting Design. Lighting must be designed to provide the minimum lighting levels required for safety, without undue glare off-site. All exterior lighting shall include fully

cut-off fixtures in accordance with Section 2.72.1. Surface parking lot lighting shall be

consistent with Section 8A2.3(m). Flood light, up-lighting, flashing, pulsating or similar dynamic lighting shall not be used. An exception to allow for up- lighting may be

approved by the decision maker when a mural or public art project is approved that uses

up-lighting.

(f) Color of Exterior Materials. Exterior building facades, roofing materials, fences, walls, and other structures visible from public vantage points shall be muted or earth-tone

colors. Extreme colors and unpainted or untreated metallic surfaces shall not be used

when visible from public vantage points. For the purposes of this section, extreme color shall be defined as unmuted primary colors, neon colors, and metallic colors. An

exception to this standard may be approved by the reviewing authority when a mural or

other public art project is approved.

13.6.2 ADDITIONAL DESIGN STANDARDS. The standards in Section 13.6.2 apply to multi-

story, mixed-use and commercial buildings except in R and HRO districts.

(a) The primary facade, which includes the upper floors, the ground floor entrance to the

upper floors (lobby, etc.) and the supporting structural components of the upper floors which are present on the ground floor, shall carry the same design theme on all locations

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City of Belmont Zoning Ordinance

13-13

that are visible from public vantage points. For the purposes of this design standard, a theme includes materials and colors, and the design and relative location of architectural

features such as windows, doors, signage, awnings, balconies, belly bands, trim

elements, and ornamentation. Except in cases when the entire building is remodeled,

building renovations and additions, either on the building as a whole or by individual tenants, shall not remove existing significant architectural features from the primary

building façade.

(b) The secondary facade, which includes tenant designed storefronts and associated outdoor spaces may have diverse styles that will not necessarily match the architecture of the

primary façade; however, individual tenant façade designs shall not span vertically

beyond the ground floor height of the building, and there shall be elements of the secondary frontage that unify its design as provided below. Similar unifying elements

shall be incorporated in single story, multiple storefront buildings.

(1) Awnings and Marquees. When used, awnings and marquees on a multiple storefront

building need not be identical in design, but shall be located within the building elements framing storefront openings, and shall be of the same height above the

adjacent sidewalk. The rigid framework for awnings, and marquees shall be no lower

than eight feet above the sidewalk under it.

(2) Base Panel. On a multiple storefront building, a base panel shall be provided across

the entire width of the storefront bay and between the vertical elements framing the

bay for all of the storefronts within the building. The base panels shall be 30" or

lower, measured above the sidewalk

(3) Signage Band. When used, a horizontal band or frieze that could be used as a signage

band shall be incorporated at the top of all of the storefronts within a multiple

storefront building.13.87 The Zoning Administrator shall be custodian of records

of the Planning Commission.

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Page 1 of 3

SB330 – HOUSING CRISIS ACT

(Information & Process)

General Overview

On January 1, 2020, Senate Bill 330 (Housing Crisis Act) went into effect. The bill

is intended to streamline housing projects that are subject to discretionary review

under local zoning laws. Key elements of SB330 include new requirements, and

limitations for the City that:

• Prohibit lessening overall residential density below January 1, 2018 levels

• Require that demolished housing units are replaced in-kind, including both the

total number of units, and their respective levels of affordability

• Prohibit adoption of new, subjective design standards after January 1, 2020

• Prohibit adoption of new housing moratoria, unless an imminent health/safety

threat exists

• Require establishment of a two-part application process that enables eligible

housing applicants to vest applicable fees and development regulations

• Require a determination of Historic Significance at application completeness

• Limit complete projects to five public meetings, when: 1) no legislative

approvals are required; and 2) the project is consistent with the General Plan,

Zoning Ordinance, and objective development/design standards

Vesting

Eligible housing development projects may seek an optional vesting opportunity

through a process initiated by the filing of an SB330 Preliminary Application. A

housing development project shall be subject only to the ordinances, policies, and

standards adopted and in effect when a Preliminary Application, including all of the

information required by subdivision (a) of California Government Code Section

65941.1, was submitted (Gov’t Code Sec. 65589.5(o)) and upon payment of the

processing fee (Gov’t Code Sec. 65941.1(a)). The required information and

materials are listed on the City of Belmont Preliminary Application form.

Early Consultation

Early consultation with City Planning, Building and Housing staff is strongly

recommended; zoning and housing requirements may apply that could affect the

anticipated scope of a project and its ability to remain vested after a Preliminary

Application is submitted.

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Page 2 of 3

Eligible Housing Development Projects

A Project must meet any of the following criteria per California Government Code

Section 65589.5(h)(2)(B) in order to be vested through a Preliminary Application:

1) The project is residential only (not including hotels) and creates two or more

new dwelling units on a project site.

2) The project is a mixed-use development consisting of residential and

nonresidential uses with at least two- thirds of the square footage of the project

designated for residential use (not including hotels), including dwelling units

and any uses accessory to the residential units.

3) The project is transitional housing or supportive housing.

Vesting Timeline & Thresholds

A Preliminary Application must be deemed complete by City Planning staff in order

to obtain vesting rights subject to zoning, development rules, regulations,

ordinances and adopted policies within the City of Belmont at the time of filing. A

Preliminary Application is deemed complete at the time that all required forms,

documents and materials are submitted, and the final invoice has been issued and

proof of payment is presented to City Planning staff. In addition, a project must meet

the following timelines and project thresholds in order to retain vesting rights

granted through the Preliminary Application process:

1) The Preliminary Application must be filed with City Planning prior to filing an

application requesting approval of any discretionary action.

2) An application filed with City Planning requesting approval of a discretionary

action (not including ministerial administrative reviews) must be filed within

180 days of the date that the Preliminary Application is deemed complete.

3) If the City Planning application is deemed incomplete after filing, the applicant

must submit all missing or incomplete items to City Planning within 90 days of

being notified in writing by City Planning staff.

4) Construction of the project must commence within two and one-half years

following the date that the project receives final approval, including all

necessary approvals to be eligible to apply for, and obtain a building permit or

permits and all appeal periods or statutes of limitations have been exhausted or

resolved in favor of the housing development project.

5) Any change in the dwelling unit count is limited to less than 20 percent—

exclusive of any increase resulting from the receipt of a density bonus,

concession, waiver, or similar provision—indicated on the submitted and

deemed complete Preliminary Application.

6) Any change in the square footage of construction is limited to less than 20

percent of the square footage— exclusive of any increase resulting from the

receipt of a density bonus, concession, waiver, or similar provision—indicated

on the submitted and deemed-complete Preliminary Application.

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Page 3 of 3

The materials required in Preliminary Application must be provided by the

applicant as part of the Preliminary Application. The Preliminary Application must

be filed with City. All forms are available in the City’s Permit

Center and on the City’s website at belmont.gov.

SB330 Process Flow Chart (for informational purposes only)

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Attachment D - General Plan Consistency Analysis

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General Plan Consistency - Determination

The subject Zone Text Amendment (ZTA) Project includes modifications to Sections 4

(Residential), 5A (Corridor Mixed Use), and 13 (Design Review). In determining General Plan

consistency for this ZTA Project, applicable goals and policies of the Belmont General Plan must

be considered in light of the proposed modifications to the Belmont Zoning Ordinance (BZO)

360. The goals and policies of applicable area plans must also be considered, because

modification to Section 13 (Design Review) affect the process for Design Review approvals

within the Belmont Village Specific Plan (BVSP) Area. A key determinant for evaluation of

policy document consistency, is whether the project would substantially further or advance the

goals and policies of the applicable policy documents.

A General Plan (GP), and Belmont Village Specific Plan (BVSP) consistency analysis for the

ZTA Project is provided below. Based on the analysis below, staff recommends that the

proposed project is consistent with the General Plan, as it would substantially further or advance

the objectives (Goals and Policies) of the General Plan and the Belmont Village Specific Plan.

Land Use Goals and Policies

General Land Use

GP Goal 2.1: Promote a diversity of compatible land uses throughout the city, to enable

people to live close to job locations, adequate and convenient commercial services, and

public services and facilities such as transit, parks, and schools.

GP Policy 2.1-2: Coordinate land use and transportation planning to ensure that land use

patterns and intensities can be supported by and are accessible to the transportation

network, including pedestrian and bicycle facilities.

GP Goal 2.2 Support the creation and enhancement of “complete neighborhoods” in

Belmont, with well-integrated single-family and multi-family residential development,

pedestrian- and bicycle-friendly environments, and activity nodes featuring schools,

parks, and neighborhood commercial areas.

Determination & Discussion: Consistent. The project would include modifications

Amendments to the BZO for compliance with state housing laws. In addition, amendments are

proposed to facilitate the production of housing, particularly multi-family housing in close

proximity to commercial services, transit (bus and train), parks and schools. Projects

constructed under the revised standards would still need to include construction of

streetscape improvements (wide sidewalks, and bike lanes), as applicable.

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Land Use Goals and Policies

Land Use & Housing

GP Goal 2.3 Provide balanced neighborhoods with a variety of housing types and density

ranges to meet the diverse demographic, economic, and social needs of residents, while

ensuring a cohesive urban form and regard for compatibility with surrounding uses and

existing residential development.

GP Policy 2.3-1 Encourage the provision of lower- and moderate-income housing to meet the

objectives of the Housing Element.

GP Policy 2.3-2 Encourage higher density residential uses located in close proximity

commercial services, employment opportunities and major transportation corridors and

facilities.

GP Policy 2.3-3 Promote residential uses mixed in conjunction with commercial

development in Belmont Village Mixed Use and Corridor Mixed Use designations, while

ensuring that residential mixed-use developments are designed to ensure compatibility

between uses.

GP Policy 2.3-4 Focus new development in or directly adjacent to already-developed areas,

where it can be served by existing public services and infrastructure.

GP Policy 2.5-2 Seek an increased presence of both residents and activity in Belmont

Village with new development, including residential as part of mixed-use development, as

well as commercial, entertainment, and cultural uses that serve both residents and visitors.

GP Policy 2.5-6 Enhance walkability and pedestrian orientation of the Village to create

an identity, improve the atmosphere, and improve access to and utilization of transit, in

accordance with the Belmont Village Specific Plan.

Determination & Discussion: Consistent. The project includes measures that facilitate the

production of housing, and streamline the development review and design review processes.

Resulting development would occur in already-developed areas (existing multi-family and

mixed-use districts), where it can be served by existing public services and infrastructure.

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Land Use Goals and Policies

Land Use & Public Benefits

GP GOAL 2.9 Foster new development that contributes positively to Belmont’s built

environment, provides benefits to the local community, and addresses potential impacts.

GP Policy 2.9-3 Allow development to exceed established standards only if a tangible

and sufficient benefit is provided to the Belmont community.

BVSP Policy 2.1-8 Day and Nighttime Uses and Attractions. Promote the addition of

uses, activities, and attractions that will draw both day and nighttime visitors to the

Village, such as more restaurants (full-service as well as cafes), entertainment venues, and

art and cultural destinations.

GP Policy 2.13-5 In mixed-use, higher density residential, and commercial developments,

require that building forms create coherent and consistent street frontages on blocks that

emphasize the visibility of entrance doors, porches, stoops, and/or entrance patios.

GP Policy 2.13-4 & GP Policy 5.3-6 Minimize light and glare from new development;

Avoid light pollution and unnecessary glare by requiring development projects to use

design features and shielding methods that cast outdoor light downward and minimize

glare and to install the mini- mum amount of outdoor lighting necessary for safety and

security.

GP Policy 2.13-10 Promote the incorporation of public art in the design of the public realm

to add visual richness and foster a sense of place.

GP Policy 2.19-5 Require pedestrian-oriented amenities, such as small plazas, outdoor seating,

public art, and active street frontages, where appropriate and justified in the Village to create

engaging pedestrian environments in the downtown.

BVSP Policy 2.1-16 Community Gathering Spaces and Place-making Strategies. Ensure

that ample community gathering spaces, open spaces, and recreational facilities are part of

any mixed-use development or master planned area, consistent with the requirements in

chapters 4 and 5. Encourage the creation of visually appealing, comfortable, and

memorable places with a variety of amenities and facilities to meet different needs, such as

plazas, paseos, playgrounds, green spaces, and small pocket parks

Determination & Discussion: Consistent. The ZTA project would clarify development

standards and provide objective design standards for multi-family residential and mixed-

use projects. Lighting design standards are included that specify that lighting should be

the minimum required for safety; flood lighting, flashing lighting, and lights that conflict

with traffic safety would be prohibited. Exceptions to design standards are included with

approval of public art displays and murals, in order to mitigate for potential aesthetic

impacts of development while encouraging the production of art.

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Land Use & Airport Safety

GP Policy 2.16-1 & B V S P P o l i c y 6 . 6 - 1 Require new development located in

the San Carlos Airport Influence Area (AIA) to comply with applicable land use

compatibility provisions of the San Carlos ALUCP through review and approval of a site

development plan, or other development permit. Unless otherwise approved by City

Council in accordance with the provisions of Public Utilities Code Section 21675.1(d),

development proposals must be consistent or conditionally consistent with applicable land

use compatibility policies with respect to noise, safety, airspace protection, and overflight

notification, as contained in the San Carlos ALUCP. Additionally, development proposals

must meet FAA requirements with respect to building height as well as the provision of

obstruction lighting when appurtenances are permitted to penetrate the transitional surface

(a 7:1 slope from the runway primary surface). Consider C/CAG recommendations in the

review of development proposals.

BVSP Goal 5.5 Maintain Belmont as a safe and livable community.

BVSP Policy 6.6-2 Coordinate with C/CAG and the FAA to protect public health, safety

and welfare by ensuring the orderly operation of the airport and the adoption of land use

measures that minimize the public’s exposure to excessive noise and safety hazards within

areas around the airport. Comply with the land use compatibility requirements of the

ALUCP unless the City Council formally overrides an ALUC consistency determination

in accordance with Section 21675.1(d) of the Public Utilities Code.

BVSP Goal 6.6 Maintain land use compatibility with the San Carlos Airport to minimize

the public’s exposure to noise and other safety hazards.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies. The Fire and Police Departments will continue to review

development projects and included appropriate safety measures, and conditions of project

approval. Projects within the ALUC will continue to be reviewed for consistency with all

applicable compatibility measures for aircraft noise, safety, air space protection/building

height, and notification.

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Safety Goals and Policies

Safety & Fire / Police

GP GOAL 6.6 Protect Belmont residents and businesses from potential fire hazards.

GP Policy 6.6-3 Continue to review development proposals to ensure that they incorporate

appropriate fire-mitigation measures, including adequate provisions for evacuation and

access by emergency responders.

GP Policy 6.6-4 Continue the Belmont Fire Protection District’s participation in plan

review of new buildings in potentially fire prone areas.

GP Policy 6.6-5 Continue to require a fire prevention inspection of all buildings used as

commercial businesses, places of assembly, multi-family residences, and hotels within

the Belmont Fire Protection District’s boundaries.

BVSP Policy 5.5-2 Ensure that the Belmont Fire Protection District has adequate staff and

equipment to serve future growth and new development in the Village. Work with the Belmont

Fire Protection District to ensure that fire services have the capacity to serve four- and five-

story buildings prior to construction of buildings of that height

BVSP Policy 5.6-2 Work with the Belmont Fire Protection District to ensure that all new

development in the Planning Area has adequate emergency access.

BVSP Policy 5.6-3 Work with the Belmont Fire Protection District to ensure that fire

flow capacity is adequate for new development and that necessary improvements, such as

fire access roadways and fire hydrants, are installed and in service prior to building

construction.

BVSP Goal 5.6 Ensure that new development adequately addresses public safety

considerations in building design and site planning.

BVSP Policy 5.6-1 Coordinate with the Police Department on project site design to increase

public safety.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies. The Fire and Police Departments will continue to review

development projects and included appropriate safety measures, and conditions of project

approval. In addition, an update to the landscaping standards identified in Section 13 (Design

Review) has been provided to address the requirements of the Water Efficiency in

Landscaping Ordinance (WELO) and Vegetation Management Plans (VMPs).

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Safety Goals and Policies

Safety & Geotechnical

GP GOAL 6.1 Minimize risks of property damage and personal injury posed by geologic

and seismic hazards.

GP Policy 6.1-1 Continue to maintain and enforce appropriate standards to ensure new

development is designed to meet current safety codes and requirements associated with

seismic activity. Require public and private development to be located, designed, and

constructed to minimize the risk of loss of life and injury in the event of a major earthquake

or other natural disaster.

GP Policy 6.1-2 Continue to regulate development, including remodeling or structural

rehabilitation, to ensure adequate mitigation of safety hazards on sites having a history or

threat of seismic dangers, erosion, landslides, or shrink swell.

GP Policy 6.1-4 Continue to require geotechnical site analysis for proposed development

on sites as specified in the Municipal Code, prior to allowing site development.

GP Policy 6.1-5 Geotechnical studies shall identify any geologic hazards affecting the

proposed project site, any necessary mitigation measures, and a statement of the site’s

suitability for the proposed development and whether or not it will be safe from geologic

hazard for its expected life. The study shall identify net developable areas, if any, based

on landslide or ground shaking potential or erosion risk. Impacts from the development,

such as those resulting from increased water runoff, shall also be determined. Such studies

must be signed by a licensed Certified Engineering Geologist or Geotechnical Engineer and

are subject to review and approval by City staff and/or contracted employees.

GP Policy 6.1-6 Require any geotechnical studies to include the study of expansive and

creeping soils, as well as analysis of erosion, seismic, and other geotechnical hazards, and

make recommendations, as warranted.

GP Policy 6.1-7 Prohibit mitigation measures for potential geotechnical hazards if those

measures could adversely affect surrounding property, including the use of public rights-of-

way, or adversely affect public health, safety, and welfare

GP Policy 6.1-8 Ensure consideration of seismic and geologic hazards at the earliest

possible point in the development process, preferably before comprehensive engineering

work has commenced.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies. Applicants will still be required to submit detailed

geotechnical investigation, which will be subject to peer-review by the City’s consulting

geologist.

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Safety Goals and Policies

Safety & Flood

GP GOAL 6.2 Protect the community from risks to life and property posed by flooding.

GP Policy 6.2-1 Continue to pursue and implement flood control programs that reduce flood

hazards, such as the City’s Grading Ordinance and Flood Plain Management Ordinance.

GP Policy 6.2-3 Require all proposed drainage facilities to comply with the city’s storm

drainage facility requirements to ensure they are properly sized to handle 100-year flood

conditions.

BVSP Goal 6.2 Minimize the potential for loss of life, injury, property damage, and

economic and social disruption resulting from natural and man-made hazards, including

floods.

BVSP Policy 6.2-1 Ensure new projects within the 100-year Flood Zone are designed to

reduce flood risk. Strategies include site planning to minimize flood risk and applying

flood safe standards to new construction.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Conservation Goals and Policies

Conservation & Cultural Resources

GP GOAL 5.12 Preserve and protect areas and sites of prehistoric, cultural, and

archaeological significance.

GP Policy 5.12-1 Ensure that development avoids potential impacts to sites suspected of

being archeologically, paleontologically, or culturally significant, tribal or otherwise, or

of concern by requiring appropriate and feasible mitigation.

Action 5.12-1a: Establish guidelines and mitigation programs when sites of archaeological,

paleontological, and/or cultural concern, tribal or otherwise, would be disturbed by

development, including:

• Requiring a records review for development proposed in areas that are considered

archaeologically or paleontologically sensitive;

• Determining the potential effects of development and construction on archaeological or

paleontological resources (as required by CEQA);

• Requiring pre-construction surveys and monitoring during any ground disturbance for

all development in areas of historical and archaeological sensitivity; and,

• Implementing appropriate measures to avoid the identified impacts, as conditions of

project approval.

GP Policy 5.12-2 If cultural, archaeological, paleontological, or cultural resources, tribal

or otherwise, are discovered during construction, grading activity in the immediate area

shall cease and materials and their surroundings shall not be altered or collected until

evaluation by a qualified professional is completed.

• A qualified archaeologist or paleontologist must make an immediate evaluation and

avoidance measures or appropriate mitigation should be completed, according to

CEQA Guidelines.

• Use the State Office of Historic Preservation’s recommendations for the preparation of

Archaeological Resource Management Reports as guidelines.

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Conservation Goals and Policies

Conservation & Cultural Resources (continued)

BVSP Policy 2.2-2 Archeological and Paleontological Resources. Require any

unanticipated discovery of archeological or paleontological resources to be evaluated by a

qualified archeologist or paleontologist. If the discovery is determined to be potentially

significant, a treatment plan shall be developed in accordance with State law. For projects

with large amounts of ground disturbance, consider requiring architectural monitoring.

Any unanticipated discovery of resources of Native American origin requires consultation

with and participation by tribes located within the project site.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies. In addition, Planning staff is in the process of updating

application forms for complex projects (i.e., large housing and mixed-use development

projects), and will include all information needed to determine historic significance under SB

330, as part of this effort.

Conservation Goals and Policies

Conservation & Biology

GP GOAL 5.3 Protect and restore biological and ecological resources in Belmont,

including sensitive wildlife species and their habitats.

GP Policy 5.3-2 Continue to maintain, protect, restore, and enhance Belmont’s

ecologically important areas and seek to reduce impacts on them, including the creek

corridors, the open space, and the wetlands around O’Neill Slough.

GP Policy 5.3-3 To the greatest extent feasible, ensure that development does not disturb

sensitive habitat and special status species by requiring appropriate and feasible mitigation

measures.

Action 5.3-3b: If Endangered or Threatened Species are discovered prior to or during

construction of a development project, require project proponents to consult a qualified

biologist for recommended proper action, and incorporate appropriate mitigation

measures.

GP Policy 5.3-5 In design and construction, require use of best practices that preserve

natural resources, such as soil, trees, native plants, and permeable surfaces.

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Conservation Goals and Policies

Conservation & Biology (continued)

GP Policy 5.3-7 Encourage the planting of native trees, shrubs, and grasslands in order to

preserve the visual integrity of the landscape, provide habitat conditions suitable for native

vegetation, and ensure the maximum number and variety of well-adapted plants are

maintained.

GP Policy 5.3-8 Use native or drought-resistant vegetation in landscaping on City-owned

property, and encourage private property owners to use native or drought-resistant

vegetation in landscaping on private property.

GP Policy 5.3-9 Promote the healthy growth of trees and control the removal of trees within

the city.

BVSP Policy 6.3-1 Ensure that development does not disturb sensitive habitat and special

status species by requiring appropriate and feasible mitigation measures. If Endangered or

Threatened Species are discovered prior to or during construction of a development

project, require project proponents to consult a qualified biologist for proper action and to

develop adequate measures to avoid or mitigate impacts.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Conservation Goals and Policies

Conservation & Water Quality

GP Policy 5.5-2 Encourage residents and businesses to use best management practices

(BMPs) to reduce water pollutant loads that result from daily activities, such as using

landscaping chemicals and fertilizers and repairing and washing cars outdoors.

GP Policy 5.5-3 Require development projects to incorporate structural and non-

structural best management practices (BMPs) to mitigate or reduce the projected increases

in pollutant loads, in accordance with the NPDES permit guidelines.

GP Policy 5.5-5 Implement water pollution prevention methods to the maximum extent

practicable, supplemented by pollutant source controls and treatment.

GP Policy 5.9-2 Encourage development projects of all sizes to incorporate site design

measures that facilitate groundwater recharge and natural hydrological processes,

allowing stormwater to infiltrate the ground on-site and/or be collected for reuse in

landscaping and designated to on-site stormwater detention facilities. Such measures may

include:

• Canopy trees or shrubs to absorb rainwater;

• Grading that lengthens flow paths over permeable surfaces and increases runoff travel time

to reduce the peak hour flow rate;

• Partially removing curbs and gutters from parking areas where appropriate to allow

stormwater sheet flow into vegetated areas;

• Installation of green roofs on buildings;

• Use of permeable paving in parking lots and other areas characterized by significant

impervious surfaces;

• On-site stormwater detention, use of bioswales and bioretention basins to facilitate

infiltration; and

• Integrated or subsurface water retention facilities to capture rainwater for use in

landscape irrigation and other non-potable uses.

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Conservation & Water Quality (Continued)

GP GOAL 5.9 Maintain and improve the reliability of the City’s storm drainage system, and

promote best management practices to protect this system from flooding, enhance water

quality, and prevent infrastructure deterioration.

BVSP Policy 5.1-3 Ensure that development projects in the Planning Area comply with

the requirements of the Municipal Regional Stormwater NPDES Permit.

BVSP Policy 5.1-7 Require development in the Belmont Village Planning Area to

include low impact development features to reduce stormwater pollutant loads and

increase on-site infiltration.

BVSP Goal 6.1 Preserve natural environmental processes that protect health and

safety, such as water filtration through soil that protects water quality and riparian

vegetation that minimizes erosion and flooding.

BVSP Policy 6.1-1 Design storm drainage and flood control structures to minimize erosion

and creek sedimentation and to preserve and enhance the wildlife habitat and vegetation

of Belmont Creek.

BVSP Goal 6.3 Protect and improve the quality of biological resources and habitat areas in

the Planning Area.

BVSP Policy 6.3-4 Encourage property owners, business owners, and residents to use

native plants in landscaping.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Conservation Goals and Policies

Conservation & Water Supply

GP GOAL 5.6 Preserve water resources and provide for long-range community water needs

by adopting best management practices for water use and conservation

GP Policy 5.6-4 Set appropriate conditions of approval for each new development proposal

to ensure that the necessary water supply facilities and water resources are in place prior to

occupancy.

GP Policy 5.6-5 Continue the City’s Water Conservation Strategy to reduce water use,

control water cost, and promote environ- mental sustainability in municipal buildings,

parks, landscaped areas, and athletic fields, as feasible and appropriate.

BVSP Policy 5.1-1 Continue to support the Mid-Peninsula Water District in its operation

and maintenance of the water system, to ensure all current and future developments have

access to the water system and adequate water supply

BVSP Policy 5.1-4 To reduce water consumption, encourage new development, including

through the promotion of rebates, to install low-flow showerheads, faucets, and toilets; smart

irrigation controllers; and drought- tolerant landscaping

BVSP Policy 5.1-5 Design new streetscape and landscaped areas for stormwater

management and the efficient use and conservation of water.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Conservation Goals and Policies

Conservation & Air Quality

GP GOAL 5.10 Reduce emissions of ozone- producing pollutants and particulate matter

to improve regional air quality and protect the health of Belmont and Bay Area residents.

GP Policy 5.10-2 Require that new development with sensitive uses that is located

adjacent to sources of toxic air contaminants (TAC) be designed to minimize any potential

health risks.

GP Policy 5.10-3 Ensure that construction and grading activities minimize short-term

impacts to air quality by employing appropriate mitigation measures and best practices.

Action 5.10-3a: Require applicants proposing new development projects within the

Planning Area to require their contractors, as a condition of contract, to reduce

construction-related GHG emissions by implementing BAAQMD’s recommended best

management practices, including (but not limited to) the following measures (based on

BAAQMD’s (2011) CEQA: Use local building materials of at least 10 percent (sourced

from within 100 miles of the planning area). Recycle and reuse at least 50 percent of

construction waste or demolition materials.

GP Policy 5.10-5 Provide information about non-toxic alternatives to construction,

interior and exterior finishes and furnishings, and planting and landscaping maintenance to

contractors, business owners and homeowners to enhance indoor and outdoor air quality

and reduce exposure to toxins.

GP Policy 5.10-6 Ensure compliance with the most current Bay Area Clean Air Plan by

implementing the Plan’s recommended Transportation Control Measures (TCMs).

BVSP Policy 6.4-2 Require new residential projects and other new sensitive receptors

such as schools, daycares, nursing and retirement homes located within 1,000 feet of

Highway 101, El Camino Real, or the Caltrain tracks to install indoor air quality

equipment, such as enhanced air filters (air filters rated at a minimum efficiency reporting

value (MERV) 13 or higher) or equivalent mechanisms, to minimize health risks for

future residents.

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Conservation Goals and Policies

Conservation & Air Quality

BVSP Policy 6.4-3 Require proponents of projects within 100 feet of existing hazardous

materials case sites or TAC stationary sources, or 300 feet of gas stations or perc dry cleaners,

to investigate 1) the site’s health risk, 2) applicable Air District risk standards, 3) use

compatibility at the location in question (some kinds of uses might be at lower risk than

others), and 4) potential feasible design-related risk mitigation measures. If the

investigation results show that the health risk exceeds the Air District standards for toxic

air contaminants, require project proponents to include design-related risk mitigation

measures, such as upgraded ventilation systems with high efficiency filters (air filters rated

at a minimum efficiency reporting value (MERV) 13 or higher) or equivalent

mechanisms, to minimize health risks for future residents. Existing stationary TAC

sources are mapped in Figure 6-5; however, project proponents are expected to check Air

District databases for the latest data on stationary TAC sources and risk standards. Project

proponents must provide evidence to the City of consultation with the Air District and the

RWQCB in making refinements to project designs to reduce applicable hazardous

materials and/or toxic air contaminant risk.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies. The General Plan EIR indicates that individual

development projects have the potential for construction and operational emissions in excess

of BAAQMD’s project level thresholds; however, the EIR identifies specific Mitigation

Measures to reduce construction related emissions, and operational-related emissions.

Development projects would be required to implement these mitigation measures as conditions

of project approval.

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Conservation Goals and Policies

Conservation & Energy / Greenhouse Gas (GHG)

GP Policy 5.11-2 Support the Climate Action Plan’s goals and implement the CAP’s

reduction measures and strategies to reduce greenhouse gas emissions.

Action 5.11-2a: Support local actions that will reduce motor vehicle use, support

alternative forms of transportation, improve energy efficiency, require energy conservation

in new construction, and manage energy in public buildings, in accordance with State law.

BVSP Goal 5.4 Improve the energy efficiency of new and existing development in Belmont

Village.

BVSP Policy 5.4-1 Apply CAL-Green standards to both residential and non-residential

buildings which the City adopts triennially, and mandate CAL-Green Tier 1 energy

performance (if adopted by the City).

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Circulation / Mobility Goals and Policies

Circulation / Mobility & Complete Streets

GP GOAL 3.1 Provide for the safe and efficient movement of people and vehicles within and

through the community that fosters accessibility and connectivity; accommodates a

mixture of automobiles, transit, bicyclists, and pedestrians; and encourages higher transit

ridership.

Action 3.1-1a: Pursue multimodal transportation infrastructure improvements needed to

accommodate growth and land use changes proposed in the Land Use Element,

particularly in areas where increased development intensity is planned, such as in the

Belmont Village PDA and along the El Camino Real corridor. Support innovative site

design techniques such as cluster-type housing to preserve sensitive environmental

resources.

GP Policy 3.1-2 Make Complete Streets practices a part of Belmont’s planning, design,

and operation of its circulation network, acknowledging that a flexible and context-sensitive

approach to design will result in each roadway serving most users and the roadway network as

a whole serving all users.

GP Policy 3.1-3 Understand the unique needs for connectivity between neighborhoods

and implement various strategies to promote Complete Streets in and between all neighbor

hoods.

Action 3.1-3a: Implement improvements from the Belmont Village Specific Plan.

GP Policy 3.1-5 Require new development and redevelopment projects to construct or

pay their fair share toward improvements for all travel modes to provide and enhance

connectivity to existing transportation facilities.

GP Policy 3.1-7 Create an accessible circulation network that is consistent with guidelines

established by the Americans with Disabilities Act (ADA), allowing mobility-impaired

users, such as the disabled and seniors, to safely and effectively travel within and beyond

the city.

GP Policy 3.2-5 Comply with the adopted Complete Streets Policy of the City of Belmont.

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Circulation / Mobility Goals and Policies

Circulation / Mobility & Complete Streets (continued)

GP Policy 3.4-10 Support the installation of vehicle traffic-calming measures to ensure

bicycle and pedestrian safety on roadways where the street typology prioritizes pedestrian

and bicycle mobility, and especially on hillside streets

BVSP policy 3.1-2 Pursue Complete Streets transportation infrastructure improvements

needed to accommodate growth and land use changes proposed in Belmont Village.

BVSP policy 3.2-2 Improve facilities to encourage more bicycle and pedestrian travel.

Improvements should include, but are not limited to:

• Provide on-street bike racks along streets within the Planning Area;

• Widen sidewalks within the Planning Area to accommodate two-way pedestrian movement

and allow sufficient space for pedestrian amenities and street furnishings;

• Provide pedestrian-scaled lighting along streets and within public spaces throughout the

Planning Area; and,

• Incorporate bicycle detection into existing signals.

Determination & Discussion: Consistent.

No changes have been made to the BZO that would conflict with these policies.

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Circulation / Mobility Goals and Policies

Circulation / Mobility & Transportation Demand Management (TDM)

GP GOAL 3.2 Reduce dependence on the private automobile for travel and achieve a

reduction in vehicle-miles traveled (VMT) per capita of 15 percent by year 2035,

consistent with ABAG’s Plan Bay Area VMT reduction targets.

GP Policy 3.2-1 Promote energy efficiency and accommodate new and improved

technology, such as alternative fuel vehicles, in meeting transportation needs.

Action 3.2-1a: Reduce dependence on single-occupant automobiles by supporting

pedestrian and bicycle infrastructure improvements; implementing Transportation

Demand Management strategies; and increasing transit ridership.

Action 3.2-1b: Support the provision of infrastructure for alternative fuel vehicles, such as

electric vehicle charging stations. to facilitate autonomous vehicle use, such as lanes,

parking areas, etc.

GP Policy 3.2-2 Look for ways to partner with ride-sharing services as a means to reduce

the need for car ownership and cover service gaps in the public transportation system.

GP Policy 3.2-4 Support thoughtful and appropriate land use locations and densities with

development or redevelopment in Belmont that promote alternatives to travel via single-

occupant vehicles.

GP GOAL 3.6 Promote Transportation Demand Management Programs and encourage

increased transit use through convenient, safe, efficient, and cost- effective services.

GP Policy 3.6-1 Encourage the use of park-and-ride and shuttle services.

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Circulation / Mobility Goals and Policies

Circulation / Mobility & Transportation Demand Management (TDM) – continued

BVSP Goal 3.4 Meet citywide goals of reducing automobile trips through the implementation of

Transportation Demand Management strategies.

BVSP Policy 3.4-1 Implement Transportation Demand Management for developments in the

Planning Area. Require development projects to implement TDM measures according to the

Village zoning regulations (Section 31.7) and encourage projects not meeting the threshold to

consider implementing TDM.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Circulation / Mobility Goals and Policies

Circulation / Mobility & Pedestrian & Bicycle Improvements

GP GOAL 3.5 Promote, provide and maintain a safe and convenient pedestrian and

bicycle system of hiking and riding trails, pedestrian paths, bicycle paths and lanes to:

promote active transportation; reduce dependence on automobiles; provide recreation;

furnish easy access to trails; permit safe, pleasant travel among parts of the community;

connect local areas and destinations within the city through trails and paths and regional

trail and path systems; and create opportunities for nature and conservation education.

GP Policy 3.5-3 require public sidewalks in all new residential developments except in

areas where construction of sidewalks would be incompatible with existing development

and/or require excessive grading or tree removal.

GP Policy 3.5-8 Support and provide bicycle and pedestrian connections to commercial

and employment areas to enhance accessibility.

BVSP Goal 3.1 Provide a vibrant, safe, and connected street network that facilitates multi-

modal movement of people within and to the Belmont Village Planning Area and ensures the

citywide goal of reducing vehicle-miles travelled consistent with ABAG’s Plan Bay Area

VMT reduction targets.

BVSP Goal 3.2 Provide a continuous, connective, and convenient network for people walking

and biking through, to, and within Belmont Village.

GP Policy 3.5-17 Provide pedestrian facilities that are accessible to persons with

disabilities and ensure that roadway improvement projects address accessibility and use

universal design concepts.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Circulation / Mobility Goals and Policies

Circulation / Mobility & Parking

GP GOAL 3.8 Provide a balanced and well-managed parking supply that accommodates

demand while maximizing efficiency.

GP Policy 3.8-2 Ensure that adequate and convenient loading and unloading zones are

provided in the Belmont Village PDA to serve pedestrians, transit, and deliveries.

GP Policy 3.8-5 Ensure that parking is consistent with guidelines established by the

Americans with Disabilities Act (ADA).

GP Policy 3.8-6 Ensure parking supply associated with the demand from future

development is adequate, balanced, and does not adversely impact adjacent residential

areas.

BVSP Goal 3.5 Provide parking that meets the needs of Belmont Village to ensure its

vibrancy and economic vitality, while encouraging walking, cycling, and transit ridership as

the primary modes of access to and within the Planning Area.

Determination & Discussion: Consistent. No changes have been made to the BZO that would

conflict with these policies.

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City Services - Goals and Policies

City Services & Parks

BVSP Goal 5.9 Provide a diverse range of parks, recreation, and community facilities and

programming inside and within a ten-minute walk of the Planning Area.

BVSP Policy 5.9-2 Establish parks, recreation, and community facilities in the Village as

activity centers and community gathering spaces through park activation techniques, such

as programming, activities, and public art. Ensure, through careful design and

programming, that parks and other outdoor community gathering spaces in the Planning

Area contribute to the unique “placemaking” of the Village, especially within the Village

Core and Station Core districts.

BVSP Policy 5.9-7 Enhance connections to parks and community facilities that are located

within a half-mile of the Planning Area boundary using wayfinding techniques, such as signs

and maps.

BVSP Policy 5.9-8 Support the use of parks, recreation, and community facilities for a

diversity of programming and activities to activate these spaces and to provide varied

recreational opportunities for the entire Belmont community.

BVSP Policy 5.9-9 Ensure that all development projects comply with the City’s parkland

requirements for development, including those established under the Quimby Act and the

City’s Park Impact Fee. Require all development projects to comply with standards for

their land use designation regarding privately owned public open spaces and common

open space, in accordance with standards established by the Belmont Village Specific Plan.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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City Services - Goals and Policies

City Services & Utilities

GP GOAL 6.5 Ensure that utilities that are essential to contemporary life are available and

adequate to meet the demands of the Belmont community while also ensuring the utilities

maintain and enhance Belmont’s physical diversity, visual qualities, and small town

characteristics.

GP Policy 6.5-2 Require new development to underground service lines and utilities, and

continue to pursue and implement projects to underground existing overhead utility lines.

GP Policy 6.5-5 Require all new development to be connected to the City’s sewer system

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Hazardous Materials - Goals and Policies

Hazardous Materials - Contamination Remediation & Education

GP GOAL 6.3 Protect soils, surface water, and groundwater from contamination from

hazardous materials.

GP Policy 6.3-1 Facilitate cleanup programs at contaminated sites, particularly on proper

ties with the potential to develop or be reused for public purposes.

GP Policy 6.3-2 Require applicants for development projects in a potentially contaminated

location to perform inspection and cleanup if the site is found to be contaminated with

hazardous substances.

GP Policy 6.3-3 Require project applicants of potentially contaminated sites to have the

site inspected by a registered Environmental Assessor. Reports detailing the results must

be submitted for city review, and level of remediation must be in compliance with

federal and state standards.

GP GOAL 6.4 Continue to promote the reduction, recycling, and safe disposal of

household and business hazardous wastes through public education.

GP Policy 6.4-2 Educate residents and businesses about household hazardous wastes, less

toxic materials that can be used in place of toxic materials, and proper household and business

hazardous waste disposal methods

BVSP Goal 6.4 Ensure that infill development projects minimize exposure to

hazardous materials and toxic air contaminants.

BVSP Policy 6.4-1 Require remediation and cleanup of any contaminated sites in the

Belmont Village Planning Area to levels required for the proposed new land use, where

hazardous materials have impacted soil, surface water, or groundwater. Remediation and

cleanup will be in compliance with federal and State standards. Documentation of the site

investigation and cleanup must be provided to City staff during development project

review.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Noise - Goals and Policies

Noise

GP GOAL 7.1 Strive to achieve an acceptable noise environment for the environmental,

health, and safety needs of present and future residents of Belmont.

GP Policy 7.1-2 Use the Community Noise Level Exposure Standards, shown in Table 7-1,

as review criteria for new land uses. Require all new development that would be exposed to

noise greater than the “normally acceptable” noise level range to reduce interior noise

through design, sound insulation, or other measures.

GP Policy 7.1-3 Require noise-reducing mitigation to meet allowable outdoor and indoor

noise exposure standards in Table 7-2. Noise mitigation measures that may be approved to

achieve these noise level targets include but are not limited to the following:

• Construct façades with substantial weight and insulation;

• Use sound-rated windows for primary sleeping and activity areas;

• Use sound-rated doors for all exterior entries at primary sleeping and activity areas;

• Use minimum setbacks and exterior barriers;

• Use acoustic baffling of vents for chimneys, attic and gable ends; and

• Install a mechanical ventilation system that provides fresh air under closed window

conditions

Alternative acoustical designs that achieve the prescribed noise level standards may be

approved, provided that a qualified Acoustical Consultant submits information

demonstrating that the alternative designs will achieve and maintain the specific targets

for outdoor activity areas and interior spaces.

GP Policy 7.1-5 Ensure that building regulations require that noise-generating appliances

serving new multi-family or mixed-use residential development are located or adequately

insulated to protect residents from the noise.

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Noise - Goals and Policies

Noise - Continued

GP Policy 7.1-6 Promote the use of noise attenuation measures to improve the acoustic

environment inside residences where existing single-family residential development is located

in a noise-impacted environment, such as along an arterial street or adjacent to a noise-

producing use.

GP Policy 7.1-11 Require development projects to include mitigation measures to protect the

development from ground borne vibration from the railway if located within 120 feet of the

centerline of Caltrain rail tracks.

GP GOAL 7.2 Protect noise-sensitive land uses, such as schools, hospitals, and senior care

facilities, from encroachment of and exposure to excessive levels of noise.

GP Policy 7.2-1 Use the noise-sensitive land uses and transportation noise sources table (Table

7-2) and Future Noise Contours map (Figure 7-3) as criteria to determine accept- ability of

noise-sensitive land uses. Do not permit new noise-sensitive uses—including schools,

hospitals, and places of worship — where noise levels are “normally unacceptable” or higher,

if alternative locations are available for the uses in the city.

BVSP Goal 6.5 Maintain a healthy noise environment in the Belmont Village Planning

Area while accommodating the increased intensities and mix of uses intended to

characterize Belmont Village in the future.

BVSP Policy 6.5-2 Require projects in the Belmont Village Planning Area to incorporate

noise mitigations to strive to achieve City standards for exterior noise levels. However,

after incorporating noise mitigations, if a project still cannot achieve City standards for

exterior noise levels, as determined by acoustical analysis by a licensed acoustical

engineer, project sponsors may apply for an exception to City exterior noise standards.

BVSP Policy 6.5-3 Require developers to mitigate noise exposure to sensitive receptors

from construction activities. Mitigation may include a combination of techniques that

reduce noise generated at the source, increase the noise insulation at the receptor, or

increase the noise attenuation as noise travels from the source to the receptor (e.g. through

the incorporation of barriers).

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Belmont Housing Element - (2015-2023)

Housing Production

Goal 2: Facilitate the development of a variety of housing types at appropriate locations.

Policy 2.1 Provide residential sites through land use, zoning, and specific plan

designations to encourage a broad range of housing opportunities.

Policy 2.2 Facilitate the production of affordable housing through appropriate land use

designations and flexible development standards.

Belmont Housing Element - (2015-2023)

Removal of Government Constraints

Goal 4: Where appropriate, mitigate unnecessary governmental constraints to the

maintenance, improvement, and development of housing.

Policy 4.1 Periodically review the City’s regulations, ordinances, and fees and exactions

to ensure they do not unduly constrain the production, maintenance, and improvement of

housing.

Policy 4.2 Offer regulatory incentives and concessions for affordable housing, such as

exceptions to development standards, density bonuses, or fee waivers where deemed to be

appropriate.

Policy 4.3 Provide for streamlined, timely, and coordinated processing of residential

projects to minimize holding costs and encourage housing production.

Program 4.7: Multi-Family Development. In order to reduce uncertainty in the

development review process, the City will consider modifying or removing the CUP

requirement for new multi-family development projects in high-density residential zones.

Action 1: When multi-family residential and mixed-use development design guidelines

are adopted, amend the Zoning Ordinance to remove the conditional use permit

requirement for multi-family development projects in high-density residential or mixed-

use zones.

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Determination & Discussion: Consistent. The BZO would be amended to facilitate the

production of housing, streamline the development review process, and mitigate

unnecessary governmental constraints to the maintenance, improvement, and development

of housing. The amendments include: 1) Objective design standards for the review of

multi-family housing and mixed use projects; 2) A ministerial design review process for

qualifying housing development projects; 3) Elimination of the requirement for a CUP for

new multi-family housing construction within multi-family districts; 4) A requirement that

new housing on multi-family lots meet the minimum density permitted within the district; 5)

Specific criteria to determine if ground floor residential uses are appropriate, including a

provision that allows consideration of ground floor residential uses when the project includes a

large amount of affordable housing; and 6) Zoning Administrator review of floor area

additions for housing in multi-family residential and mixed-use districts.

Climate Action Plan

Conservation of Resources

Goal 6: Promote the conservation of natural resources throughout the Belmont

community.

Policy 6.1 Preserve the unique environmental aspects of the community, including

hillsides and other environmental amenities.

Policy 6.2 Promote energy conservation and the use of alternative energy generation

technology, as appropriate.

Policy 6.3 Promote water conservation.

Policy 6.4 Integrate land use and transportation planning in long range City planning

processes.

Policy 6.5 Ensure that residential sites have appropriate public services, facilities,

circulation, and other needed infrastructure to support development.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

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Belmont Climate Action Plan – 2017

Energy & Transportation

Goal 3.1.1: Increase municipal, residential, and commercial energy efficiency, renewable

energy, efficient water use, and green building.

Goal 3.2.1: Reduce emissions from transportation through efficient land use, alternate

modes of transportation, and operational innovations.

Measure TL1 – Establish a Smart Growth Policy that prioritizes infill, higher density,

transit-oriented and mixed-use development. Promote energy conservation and the use of

alternative energy generation technology, as appropriate.

Measure TL2 – Remake urban landscape to ensure Complete Streets, with bike lanes,

bike parking, traffic calming, beautification, etc. Continue to support Paper Trails and

Safe Routes to School to encourage walking.

Measure TL3 – Incentivize City Car Sharing Companies to open pods in town. Explore

Bike Share program.

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.

Reduce Solid Waste

Goal 3.3.1: Reduce solid waste generated and sent to landfills.

Measure WC1 – Increase participation in recycling programs and ensure weekly

collection of recyclables and organic waste.

Measure WC2 – Mandate businesses recycle and provide staff or contractor to verify

compliance (Support and enforce state law).

Determination & Discussion: Consistent. No changes have been made to the BZO that

would conflict with these policies.