Agenda packet — Belmont City Council, February 13, 2024 (part 5 of 7)

facilitate soil testing for public improvements required to extend Monte Cresta Drive. The letter argues that the issuance of that permit was "a permit or grant of approval for development" within the meaning of Government Code Section 66499.34. TE2015-0200 was a temporary encroachment permit to take soil samples in the public right of way. A permit to conduct investigatory soil testing in a roadway as part of a roadway improvement plan application is not an approval to develop an adjacent lot. (See Save Laurel Way v. City of Redwood City (2017) 14 CA5th 1005).

Moreover, test borings are a necessary prerequisite to evaluate the proposed road improvements - see Belmont City Code Sections 7-12 and 7-13(e)(9)a.3. A permit to conduct the test borings does not approve the road plan or development that might be served by the road.

Two goals of the Subdivision Map Act are to encourage orderly development and prevent undue burdens on the public. These goals would be frustrated if preliminary investigation to ensure these goals are met exempted proposed improvements or proposed development from complying with the Act.

Your past meetings with staff to review submittal requirements, application completeness matters, and zoning regulations do not translate to the City's tacit acceptance of the lot as legal under the Subdivision Map Act whenever it was created. The venue for such a determination is the COC process.

The issuance of a conditional certificate of compliance for lot 55 does not preclude you from seeking development approvals for the property. If a lot zoned HRO-2 does not conform to minimum lot size standards, the owner may apply for an exception under City's Subdivision Ordinance or apply for a conditional use permit for a smaller lot size as part of a floor area transfer under 820 section 4.7.11 -see BZO Section 4.7.9 and San Juan Hills Area Plan Land Use Policy 9.c.

It should be noted that transferring floor area potential from one HRO-2 zoned property to another must be consistent with the policies in the San Juan Hills Area Plan and Belmont City Code Section 7-12. To be consistent with Land Use Policies 8 and 9, a transfer lot under Belmont Zoning Ordinance Section 4.7.11 must have development potential. Whether an illegally created lot has development potential that can be transferred consistent with the Area Plan's policies may depend in part on the circumstances of its creation.

In addition, your April 7, 2021 letter contains a number of factual assertions regarding the city's development history that are not supported by evidence or are simply inaccurate. However, I do not believe it necessary for purposes of this letter to respond to each assertion or inaccuracy. 2 634
APN 043-165-180; 043-242-210; 043-041-030
Certificate of Compliance Application
Application No.: PA2015-0057
June 25, 2021
Page3
Lastly, it should be noted that although satisfaction of the conditions included with the CCOC will bring the properties into compliance with the SMA and Belmont Subdivision Ordinance, the properties must still satisfy all relevant zoning regulations, including minimum lot size, before it may be developed or otherwise entitled.

Enclosed please find the Conditional Certificate of Compliance (CCOC) conditions for Lot 55, block 113 (APN 043-165-180) and Lot 19, block 114 (APN 043-242-210). The City will proceed with recordation of the CCOC's with the County of San Mateo (subject to the enclosed Conditions of Approval). If you have any questions regarding your Certificate of Compliance Application, you can contact your project planner, Rob Gill, at {650) 598-4204 or via email at [email protected].

Sincerely,
�
Carlos de Melo
Community Development Director
3 635
APN 043-165-180; 043-242-210; 043-041-030
Certificate of Compliance Application
Application No.: PA2015-0057
June 25, 2021
Page4
Certificate of Compliance Conditions
The following conditions must be satisfied, in full, to bring the subject properties into compliance with the Subdivision Map Act and the Belmont Subdivision Ordinance. The conditions must be satisfied before the issuance of a permit or other grant of approval for development of the parcel.

1. The property owner must submit a record of survey, stamped by a California-licensed surveyor, that describes the property by metes and bounds. A parcel map is not required.

2. The property must comply with all relevant design and improvement requirements of the Belmont Subdivision Ordinance applicable to a minor subdivision. The property owner may request to defer improvements on the same basis as an applicant for a parcel map (see advisory note 3).

3. The property must comply with all relevant Subdivision Ordinance and Zoning Ordinance standards for lot size, dimensions, and standards at the time the property owner acquired the property. The application may apply for exceptions to the above standards if needed.

4. The property owner must pay a Park In-Lieu Fee in the amount specified in City of Belmont's master revenue schedule in effect at the time the property owner acquired the property.

5. The property owner must pay planned drainage fees in an amount specified in Belmont Subdivision Ordinance Section 6.13.

Advisory to the Conditions for Compliance

1. Compliance with the conditions above does not relieve the property owner of the responsibility to obtain all other necessary-permits and entitlements.

2. Requests for exceptions to Subdivision Ordinance or Zoning Ordinance standards may be made as provided in the respective ordinances.

3. The city may waive the requirement that a parcel owner in the HRO-2 District fronting an unimproved road improve the road or enter into a deferred roadway improvement agreement in conjunction with a floor area or density transfer from the parcel if the lot is located on a section of an unimproved road for which a road improvement plan was submitted in compliance with BCC Section 7-13(e)(9)b, findings in Section 7-13(e)(10}h are made, and the section of unimproved road fronting the parcel is located wholly outside the approved road segment.
4 636
June 10, 2022
Community Development Department
Planning Division
Jeff Kraft
Angela Schmiede
1313 D Street
Petaluma, CA 94952
Sent via email to [email protected]; [email protected] RE: Planning Application No. 2021-0057: Certificate of Compliance Application for APN 043-165-090
Dear Applicant:

This letter is a follow-up to your Planning Application for a Certificate of Compliance ("COC") for APN 043-165-090. On February 3, 2022, staff notified you of the Community Development Department's preliminary analysis and conclusion that the property does not comply with the Subdivision Map Act and offered you an opportunity to submit additional information or analysis for the City to consider before a final determination was made. As of the date of this letter, no additional information or analysis has been provided to the City to consider. Thus, the City concludes that the property in question does not comply with the Subdivision Map Act and therefore the City will issue a Conditional Certificate of Compliance under Government Code Section 66499.35 (b). Please find the relevant facts, analysis, and determinations regarding your application below.

Background Information
The Subdivision Map Act ("SMA") regulates the division of land for purposes of sale, leasing, or financing and prohibits the sale, leasing, financing, or development of any lot that is not in full compliance with the SMA, as well as local ordinances adopted to implement the SMA. Properties that fully comply with the SMA and local subdivision ordinances may be issued a COC. Properties that do not comply with the SMA are instead issued a Conditional Certificate of Compliance ("CCOC") and, prior to any development approval(s), may be required to comply with conditions that could have been placed upon the division of land at the time the owner acquired the property.

Once a CCOC has been recorded, a property may be legally bought and sold.

Property Information
The information in the preliminary title report provided with the application indicates assessor parcel number 043-165-090 for which a certificate of compliance is sought is assigned to a unit of land depicted as lot 43, block 113 on a map entitled "Map of Subdivision No. 10, Belmont Country Club Properties Belmont, San Mateo County, California" recorded in the Office of the Recorder of San Mateo County, California, on March 24, 1927 at book 15 of Maps at page 29 (the 1927 Map). The legal description for this property in Schedule "A" to the preliminary title report describes the unit of land by reference to the above 1927 Map, rather than by metes and bounds. A search of county and 637
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022
Page2
city records did not reveal any maps purporting to affect the land after the 1927 Map or any known city development approvals for the property.

The property fronts on an undeveloped portion of Monte Cresta A venue and was wholly within the City of Belmont at the time the 1927 Map was recorded.

Certificate of Compliance Analysis
As noted above, a COC is a determination that a property complies with the SMA and local ordinances enacted under the SMA. A property owner or vendee under a contract for sale with the owner may apply to the City for a COC (Gov. Code Section 66499.35 (a)). If the property complies, the agency will issue a COC. If the property does not comply (i.e. it resulted from an illegal subdivision), the local agency will issue a CCOC (Save Mount Diablo v. Contra Costa Co. (2015) 240 Cal.app.4th 1368, 1379.)
Division of Land Must Comply with the SMA
Under the SMA, a legal division of land for purposes of sale, lease, or financing ordinarily may only be obtained by local approval and recordation of a tentative map and final map when five or more parcels are involved (Gov. Code Section 66426), or by parcel map when four or fewer parcels are involved (Gov. Code Section 66428). The SMA prohibits the sale, lease, financing, or improvement of any parcel( s) of real property for which a "final map" or a "parcel map" is required under the SMA unless a final map or parcel map, as applicable, in full compliance with the SMA and any relevant local ordinance is filed. (Gov. Code Section 66499.30, (a) and (b)). 1927 Map Does Not Comply with the SMA
1927 Map is Not a "Final Map" or "Parcel Map"
The 1927 Map is not a "final map" or a "parcel map", as defined by the SMA, which are defined to include only those maps reviewed and approved by the local agency under the provisions of the current Map Act and local ordinances adopted thereunder ( Gardner v. County of Sonoma (2003) 29 Cal.4th 990, 998; Gov't Code Sections 66433-66443, 66444-66450, 66451-66451.7, 66456-66462.5, 66499.50-66499.50-66499.58.)
1927 Map is Not Exempt from the SMA
A property may be entitled to a COC if it is exempt from the SMA's "final map" and "parcel map" requirements. The SMA contains a grandfather provision that exempts certain subdivisions created in compliance with or exempt from earlier-enacted versions of the SMA from the prohibitions on selling, leasing, financing, or improving parcels that do not comply with the current SMA provisions governing subdivisions. (Gov't Code Section 66490.30 (d)). Under this grandfather provision, the 2 638
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022
Page3
prohibitions do not apply to: "any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established". Therefore, to qualify for the grandfather provision, the subdivision must have been "established" within the meaning of the grandfather provision at a time when the version of the SMA, or any local subdivision ordinance, in effect regulated the design and improvement of subdivisions.

The City of Belmont first adopted subdivision regulations by ordinance (Ordinance No. 67) on May 28, 1945 and did not have an ordinance regulating subdivisions in 1927. The version of the SMA in effect in 1927 originated in 1907 and was subsequently amended on several occasions, including in 1915, 1915, 1921, and 1929. (See California Subdivision Map Act and the Development Process (Cont.Ed.Bar 2d ed. 2018) Section 1.4A, pp.1-6 to 1-9). In 1929, the amendments included express authorization for cities to regulate the design and improvement of subdivisions. (Stats. 1929 Ch. 837, §§29, 30, effective August 14, 1929). California appellate courts have held that maps recorded under the 1907 version of the SMA, as amended through 1915, do not qualify for the grandfather provision, as those versions did not regulate the design and improvement of subdivisions. (Witt Home Ranch, Inc. v. County of Sonoma (2008) 165 Cal.App.4th 543 (1915 map not qualified for grandfathering); Abernathy Valley, Inc. v. County of Solano (2009) 173 Cal.App.4th 42 (1909 map not qualified for grandfathering, concurring with Witt)).

The 1921 SMA amendments (Stats. 1921 Ch. 592) amended Section 4 of the 1907 SMA by authorizing a government body to require either the dedication to public use of an easement or a conveyance to the political subdivision of a right-of-way for storm drain purposes to conform substantially with the lines of a natural water course or channel when the natural water course or channel was shown traversing the map or plat. The amendment did not require or authorize a governing body to order storm drain improvements, and therefore did not regulate the improvement of a subdivision. Furthermore, the amendment allowed the subdivider to determine the design of drainage conveyance, either by natural water course or a channel, and did not authorize the governing body to exercise control over that choice or adequacy of the design. Therefore, it is reasonable to conclude that the 1921 amendment to the SMA did not regulate the design and improvement of a subdivision within the meaning of the grandfather provision.

Although a court has yet to determine whether amendments to the SMA adopted after 1915 and before August 14, 1929 regulate the design and improvement of subdivisions, based on the analysis in Witt, 165 Cal.App.4th at 526-563 and Abernathy, 173 Cal.App.4th at 48-52, it appears likely that courts will find that the 1907 SMA, as amended before August 14, 1929, does not regulate the design and improvement of subdivisions. Accordingly, the 1927 Map does not qualify for the grandfather provision, and the fact that the lots are depicted on the 1927 Map does not demonstrate that the lots comply with the SMA.
3 639
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022
Page4
Were the Subject Properties Legally Created by Conveyance? The SMA defines "subdivision" as "the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or contiguous units, for the purpose of sale, lease, or financing, whether immediate or future" (Gov't Code Section 66424). A division occurs from a parent parcel when a unit is conveyed for the purpose of sale, lease, or financing. Before March 4, 1972, a division ofland into four or fewer parcels within one year was not governed by the SMA (Fishback v. County of Ventura (2005) 133 Cal.App.4th 896, 902) and, if done in compliance with a local subdivision ordinance, is assumed to be lawfully created. On or after March 4, 1972, a division ofland into four or fewer parcels requires a parcel map. (Id.). The ability to divide a parent parcel under the SMA into four or fewer parcels in any one year before March 4, 1972 is known as the "quartering exception" or "quartering rule". Beginning with Ordinance No. 67 in 1945, the City of Belmont required a subdivider dividing land into four or fewer parcels to file a map with the city for approval by the city's Planning Commission. Accordingly, the subdivision of land in the City of Belmont into four or fewer parcels in one year without a map is lawful only if created between August 14, 1929 and June 27, 1945 (the effective date of Ordinance No. 67).

Conveyance Analysis
Conveyance History through April 2, 1946
After the recording of the 1927 Map, the land depicted as lot 43, block 113 was conveyed several times as part of a larger parcel of land consisting in whole or in part of numerous other lots depicted on the 1927 Map as well as on an earlier recorded map, "Map of Subdivision No. 9, Belmont Country Club Properties Belmont, San Mateo County, California" filed in the Office of the Recorder of San Mateo County, California, on December 24, 1926 (the "1926 Map"). On May 19, 1944, the Belmont Investment Corporation (BIC) recorded a deed executed May 3, 1944 (1119 OR 240) conveying numerous parcels consisting of contiguous lots depicted on the 1926 Map, the 1927 Map, and other parcels to the San Mateo County Title Company. The deed included a parcel consisting entirely of the following contiguous lots depicted on the 1926 Map and the 1927 Map (the referred to here as the "Monte Cresta Track"). The parcel is shown on Figure 1.

Block 81
Block 100
Block 101
Block 102
Block 103
Block 113
Block 114
Block 116
Lots 2 through 6, 61
Lots 2 through 14, 3 7
Lots 16 through 19, 22 through 25, 28, 29
Lots 1 through 9, 12, 14 through 21, 23-34, 64, 65, 67, 68, 73 through 78 Lots 1 through 23, 25
Lots 1 through 14, 43 through 55
Lots 1 through 6, 8 through 26
Lots 1 through 10
4 640
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022

Page 5 ends

Figure 1 - Monte Cresta Tract.
1119 OR 240 Monte Cresta Tract

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A chain of title for the property depicted as lot 43 in block 113 indicates that the first conveyance of the land after the creation of the Monte Cresta Tract Parcel occurred when the San Mateo County 5 641
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022

Page 6 ends

Title Company executed a deed April 1, 1946 and recorded April 2, 1946 at (1252 OR 402) conveying back to BIC all property conveyed by 1119 OR 240 except all property previously conveyed by San Mateo County Title Company. Because the deed does not describe what properties were conveyed by the San Mateo County Title Company between May 3, 1944 and April 2, 1946, the chain of title information included with the application alone does not show whether one or more parcels were divided from the Monte Cresta Tract during that time.

Division Conveyance History after April 2, 1946
Lot 43, block 43
The chain of title shows that the land depicted as lot 43 in block 113 was next conveyed by BIC to Grace Marks as part of a parcel consisting of the land depicted in lots 43 and 44 in block 113 by deed executed and recorded on November 18, 1952 as 2327 OR 383. On November 26, 1952 Grace Marks executed a deed which was subsequently recorded on January 2, 1953 as 2347 OR 736 conveying lot 43 to Serge Kotarloff. Thereafter, lot 43 was conveyed several more times to the present.

Division Conveyances from the Parent Parcel Affecting Lot 43 's Legal Status Supplemental chain of title information was reviewed for lots 13, 14, and 43 through 55 in block 113, lots 4, 8 through 13, 15, 17, 19, 20, 21, 24, 25, and 26 in block 114, and lots 19, 20, and 21 in block 102. Deed information was reviewed for lots 3, 5, 6, 14, 16, 18, 22 and 23 in block 114 and lots 26, 27, 28, and 29 in block 102. The supplemental chain of title shows that lots 13, 14, and 43 through 55 in block 113, lots 4, 8 through 13, 15, 17, 19, 20, 21, 24, 25, and 26 in block 114, and lots 19 and 20 in block 102 were conveyed by 1252 OR 402 from San Mateo Title Company to the Belmont Investment Corporation (BIC) and that the conveyances by BIC of these lots shown in the table below were the first conveyances of those lots after 1252 OR 402.

The deed information for lots 3 (2992 OR 657), 5 and 6 (1931 OR 72), 14 (2019 OR 171 ), 16 (2056 OR 162), 18 (2925 OR 680), 22 (203 7 OR 431) and 23 (2229 OR 390) in block 114 show conveyances by BIC of the land including those lots which supports the reasonable inference that the land including the lots was conveyed by the San Mateo Title Company to BIC by 1252 OR 402 and that the conveyances listed below are the first conveyances of the land including those lots after 1119 OR 240. To resolve any doubt, the applicant may wish to provide additional chain of title information for these lots.

The chain of title and deed information together demonstrate that lots 13, 14, 43 through 55 in block 113, lots 3 through 6 and 8 through 26 in block 114, and lots 9, 15, 17, 19, 20, 28, 29 in block 102 had not been separately conveyed and remained part of an undivided segment of the Monte Cresta Tract on September 2, 1949 (the "Grandparent Parcel"). A review of county and city records did not reveal a map for the Grandparent Parcel or a similar parcel, or for any of the divisions created by conveyances #1 through #22 filed either under Ordinance No. 67 or the SMA. 6 642
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022
Page7
Conveyance Block Lots
#1 114 17
#2 113 48
#3 102 19,
20,
28, 29
#4 114 5, 6,
10 #5 114 11, 12
#6 114 15, 14
#7 114 8, 9,
18 #8 114 16
#9 114 19,
20,
21, 22
#10 114 19
#11 114 20
#12 114 21
#13 113 49,50,
47,46
#14 113 50
#15 113 51,
52,
53,
54, 55
#16 113 51
#17 113 55
Instrument
#
1709 OR
142
1833 OR
236
3039 OR
357
1931 OR
72 1950 OR
366
2019 OR
171
2025 OR
680
2056 OR
162
2037 OR
431
2115 OR
466
2115 OR
467
2115 OR
465
2057 OR
225
2057 OR
653
2059 OR
486
2073 OR
101
2102 OR
626
Executed Recorded Grantor Grantee
9/2/1949 9/2/1949 BIC Tretten
4/6/1950 4/7/1950 BIC Bond
6/27/1950 6/12/1956 BIC Haertel
8/31/1950 9/1/1950 BIC Marks
10/16/1950 10/18/1950 BIC Marks
2/5/1951 2/6/1951 BIC Marks
2/20/1951 2/28/1951 BIC Marks
2/20/1951 4/18/1951 BIC Molander
3/12/1951 3/13/1951 BIC Marks
3/13/1951 8/15/1951 Marks Mesak
3/16/1951 8/15/1951 Marks Holm
3/24/1951 8/15/1951 Marks Mesak
4/19/1951 4/19/1951 BIC Marks
4/20/1951 4/20/1951 Marks Futerman
4/21/1951 4/24/1951 BIC Marks
4/25/1951 05/18/1951 Marks Futerman
4/25/1951 07/19/1951 Marks Nicolette
7 643
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022

Page 8 ends

#18 113 53,54
#19 113 13, 14
#20 114 23, 13
102 9, 15,
17 #21 113 43,44
#22 113 43
2102
627
2224
467
2229
390
2327
383
2347
736
OR 4/27/1951 07/19/1951 Marks
OR 4/2/1952 04/2/1952 BIC
OR 4/14/1952 4/14/1952 BIC
OR 11/18/1952 11/18/1952 BIC
OR 11/26/1952 1/2/1953 Marks
Conveyance #1 divided the Grandparent Parcel into three parcels of contiguous lots:

Parcel 1 Block 114, lot 17
Parcel 2 Block 114, lots 3 through 6, 8 through 16;
Block 102, lot 17 ( and possibly others).

Parcel 3 Block 113, lots 13, 14, 43 through 55;
Block 114, lots 18 through 26;
Block 102, lots 9, 15, 19, 20, 28 and 29 (and possibly others) Conveyance #2 divided Parcel 3 into three parcels of contiguous lots:

Parcel 3 .a Block 113, lot 48
Parcel 3.b Block 113, lots 13, 14, 49, 50, 51, 52, 53, 54, 55 Parcel 3.c Block 113, lots 43, 44, 45, 46, 47;
Block 114, lots 18 through 26;
Block 102, lot 15 ( and possibly others)
Nicolette
Marks
Marks
Marks
Kotlaroff
Conveyances #1 and #2 created a total of five divisions from the Grandparent Parcel in less than a year without a final map. Parcels 1, 2, 3a, 3.b, and 3.c were therefore illegally divided under both the SMA and Ordinance No. 67. A parcel in compliance with the SMA cannot be created by conveyance of a portion from an illegally created parcel. (Fishback v. County of Ventura (2005) 133 Cal.App.4th 896, 904.) Therefore, all subsequent divisions by conveyance from those illegal parcels without a final map were also illegal. Because the parcel consisting solely oflot 43 in block 113 was created by conveyances of a portion of the illegally subdivided Grandparent Parcel without a final map, the parcel was not created in compliance with the SMA and city subdivision regulations.

In addition, conveyances #20 (229 OR 390), #21 (2327 OR 383), and #22 (2347 OR 736) (the first individual conveyance of lot 43) created a total of five divisions from the contiguous, previously undivided parcel group consisting oflots 43, 44, and 45 in block 113, and lots 23, 24, 25, and 26 in block 114 in less than one year without a final map. This further divisioning of the grandparent parcel was therefore unlawful independently of the earlier unlawful division. 8 644
APN 043-165-090
Certificate of Compliance Application
Application No.: PA2021-0057
June 10, 2022
Page9
Conclusion
Lot 43, block 113 is the product of illegal parent parcels created without a map. Lot 43 is therefore not eligible for a certificate of compliance but should be issued a conditional certificate of compliance.

It should also be noted that although satisfaction of the conditions included with the CCOC will bring the property into compliance with the SMA and Belmont Subdivision Ordinance, the property must still satisfy all relevant zoning regulations before it may be developed or otherwise entitled.

If you have any questions regarding your Certificate of Compliance Application, you can contact your project planner, Rob Gill, at ( 650) 598-4204 or via email at [email protected].

Carlos de Melo
Community Development Director
9 645
Certificate of Compliance Conditions
The following conditions must be satisfied, in full, to bring the property into compliance with the Subdivision Map Act and the Belmont Subdivision Ordinance. The conditions must be satisfied before the issuance of a permit or other grant of approval for development of the parcel.

1. The property owner must submit a record of survey, stamped by a California-licensed surveyor, that describes the property by metes and bounds. A parcel map is not required.

3. The property must comply with all relevant Subdivision Ordinance and Zoning Ordinance standards for lot size, dimensions, and standards at the time the property owner acquired the property.

4. The property owner must pay a Park In-Lieu Fee in the amount specified in City of Belmont's master revenue schedule in effect at the time the property owner acquired the property.

5. The property owner must pay planned drainage fees in an amount specified in Belmont Subdivision Ordinance Section 6.13.

Advisory to the Conditions for Compliance

1. Compliance with the conditions above does not relieve the property owner of the responsibility to obtain all other necessary-permits and entitlements.

2. Requests for exceptions to Subdivision Ordinance or Zoning Ordinance standards may be made as provided in the respective ordinances.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Belmont
City Clerk's Office
1 Twin Pines Lane, Suite 340
Belmont, California 94002-3893
Fee exempt under Gov't Code §27383.

APN: 043-165-180
2021-108615 CONF
12:18 pm 07/21/21 CC Fee: NO FEE
Count of pages 4
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder I 1111 11 11111111111111111111111 11111111 * $ R O O O 3 1 1 1 O 1111111 111111111 1 11 1111 7 z � *
Space Above This Line for Recorder's Use Only

CONDITIONAL CERTIFICATE OF COMPLIANCE
The City of Belmont Community Development Department has determined that the real property described herein does not comply with the Subdivision Map Act or local ordinances enacted pursuant thereto. This Conditional Certificate of Compliance is issued for one parcel and is being recorded in San Mateo County. Exhibit "A" describes the parcel for which this Conditional Certificate of Compliance is issued and Exhibit "B" describes the conditions that must be fulfilled and implemented in accordance with Government Code Section 66499.35 (b) before the issuance of a permit or other grant of approval for development of the parcel.

NOTICE: This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or pe its, or other grant or grants of approval.

Owner(s) of Record:

APN:

Address:
!-,eg�l Des££!.ption:

Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of the Schmiede-Kraft Living Trust
043-165-180
Unassigned
See Exhibit "A"
647
Conditional Certificate of Compliance
Exhibit "A"
Legal Description

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MA TEO, ST A TE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Lot 55, Block 113, as shown on that certain map entitled, "MAP OF SUBDIVISION NO. 10 BELMONT COUNTRY CLUB PROPERTIES, BELMONT, SAN MATEO COUNTY, CALIFORNIA", filed in the office of the Recorder of the County of San Mateo, State of California on March 24, 1927, in Book 15 of Maps at Pages 29 to 38, inclusive.

APN: 043-165-180
JPN 043-016-161-18A
End of Description.

Owner(s) of Record:

APN:

Address:
!-,e::_gal °-es�ription:

Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of the Schmiede-Kraft Living Trust
043-165-180
Unassigned
See Exhibit "A"
648
Conditional Certificate of Compliance
Exhibit "B"
Certificate of Compliance Conditions
The following conditions must be satisfied, in full, to bring the property into compliance with the Subdivision Map Act and the Belmont Subdivision Ordinance. The conditions must be satisfied before the issuance of a permit or other grant of approval for development of the parcel.

1. The property owner must submit a record of survey, stamped by a California-licensed surveyor, that describes the property by metes and bounds. A parcel map is not required.

4. The property owner must pay a Park In-Lieu Fee in the amount specified in City of Belmont's master revenue schedule in effect at the time the property owner acquired the property (October 21, 2015).

5. The property owner must pay planned drainage fees in an amount specified in Belmont Subdivision Ordinance Section 6.13.

Advisory to the Conditions for Compliance

1. Compliance with the conditions above does not relieve the property owner of the responsibility to obtain all other necessary-permits and entitlements.

2. Requests for exceptions to Subdivision Ordinance or Zoning Ordinance standards may be made as provided in the respective ordinances.

Owner(s) of Record:

APN:

Address:
!-,egal J:?escri_ption:

Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of the Schmiede-K.raft Living Trust
043-165-180
Unassigned
See Exhibit "A"
649
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Mateo
)
)
On July 21. 2021 before me, Jozi Plut, Belmont Acting City Clerk, personally appeared Carlos de Melo who proved to me on the basis of satisfactory evidence to be the person_1J whose namey5 is/a;' subscribed to the within instrument and acknowledged to me that he/�/t];ley executed the same in his/her/their authorized capacity(�, and that by hisf¥/�ir signature(,s, on the instrument the person� or the entity upon behalf of which the personf acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITN S my hand official seal
650

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Belmont
City Clerk's Office
1 Twin Pines Lane, Suite 340
Belmont, California 94002-3893
Fee exempt under Gov't Code §27383.

APN: 043-242-210
2021-108614 CONF
12:18 pm 07/21/21 CC Fee: NO FEE
Count of pages 4
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder
I IIIII I I IIIII Il llll llll lllll llll lllll llll llll lllll 1111111111111111 *$R0003111071 $* Space Above This Line for Recorder's Use Only

DatOO 7 /Vb•
Carlos oe Melo, Community Development Director
Owner(s) of Record:

APN:

Address:
1,eg� Description:

Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of the Schmiede-Kraft Living Trust
043-242-210
Unassigned
See Exhibit "A"
651
Conditional Certificate of Compliance
Exhibit "A"
Legal Description

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Lot 19, Block 114, as shown on that certain map entitled, "MAP OF SUBDIVISION NO. 10 BELMONT COUNTRY CLUB PROPERTIES, BELMONT, SAN MATEO COUNTY, CALIFORNIA", filed in the office of the Recorder of the County of San Mateo, State of California on March 24, 1927, in Book 15 of Maps at Pages 29 to 38, inclusive.

APN: 043-242-210
End of Description.

Owner(s) of Record:

APN:

Address:

Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of the Schmiede-Kraft Living Trust
043-242-210
Unassigned
See Exhibit "A"
652
Conditional Certificate of Compliance
Exhibit "B"
Certificate of Compliance Conditions
The following conditions must be satisfied, in full, to bring the property into compliance with the Subdivision Map Act and the Belmont Subdivision Ordinance. The conditions must be satisfied before the issuance of a permit or other grant of approval for development of the parcel.

1. The property owner must submit a record of survey, stamped by a California-licensed surveyor, that describes the property by metes and bounds. A parcel map is not required.

5. The property owner must pay planned drainage fees in an amount specified in Belmont Subdivision Ordinance Section 6.13.

Advisory to the Conditions for Compliance

1. Compliance with the conditions above does not relieve the property owner of the responsibility to obtain all other necessary permits and entitlements.

2. Requests for exceptions to Subdivision Ordinance or Zoning Ordinance standards may be made as provided in the respective ordinances.

Owner(s) of Record:

APN:

Address:

IA_gal D_es�tjption:

Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of the Schmiede-Kraft Living Trust
043-242-210
Unassigned
See Exhibit "A"
653
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Mateo
)
)
On July 21, 2021 before me, Jozi Plut, Belmont Acting City Clerk, personally appeared Carlos de Melo who proved to me on the basis of satisfactory evidence to be the person( s) whose <.
nameW-is/�bscribed to the within instrument and acknowledged to me that he/jhe/!b,ey' executed the same in his�th�orized capacity�d that by his/h;iitheir signature� on the instrument the perso� the entity upon behalf of which the perso�cted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my h d official seal
654
RECO�UESTED BY
AND WHEN RECORDED M.Ail., TO:

City of Belmont
Comm1mity Development Depar1ment
One Twin Pines Lane, Suite 310
Complemenlmy Reconling Request Pursuant to
Belmont, CA 94002-3893
Govemment Code 27383
2020-117569 CONF
4:02 pm 10/26/20 CC Fee: NO FEE
Count of pages 3
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder
I IIIII I I IIIIII Il lllll llll lllll llll lllll llll lllll llll 1111111111111 1 1111 * $ R a a a 2 9 3 9 3 9 6 $ *
Space Above This Line for Recorder's Use Only

CERTIFICATE OF COMPLIANCE
The real property described herein has been determined to be in compliance with applicable provisions of the Subdivision Map Act of the State of California (Government Code Seclion 6649'J.35 et eq.). The subject vacant property with :frontages on Bartlett Way and East Laurel Creek, Belmont, CA, APN: 043-041-030 (Lot 3, Block 122), owned by Max Reinhardt, is more specifically descnl>ed as follows:

Situated:in .the C::ity of Belmont, C01mty of San Mateo, State of California and descnl>ed as follows:

Properties,
Lot 3, Block 122, as shown on that certain map entitled, "Subdivision No. 10 Belmont Country Club Belmont, San Mateo County, Califumia", which map was filed in the office of the Recorder of San Mateo County, on March 24, 1927 in Book 15 of Maps, at Pages 29 to 38, inclusive. Excepting thereftom the following descn"bed portion:

End of Description
This certificate relates only to issues of compliance with the Subdivision Map Act and local subdivision ordinances enacted pursuant thereto. This certificate does not implicitly or explicitly establish a legal building site and is not.a d�rmination that the property complies with local zoning requirements.

Therefore, development of the parcel may require issuance of a permit or permits or other grants of approval.
n
B
A�
Carlos de Melo
Community Development Director
City of Belmont
Owner(s) of Record: Max Reinhardt
AlJl>f. RA.., nA<f l\.1A
·Qctg,� l5, 2020
Date
655
Exhibit "A"
Legal Description
Situated in the City of Belmont, County of San Mateo, State of California and described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 3, Block 122, as shown on that certain map entitled, "SUBDIVISION NO. 10 BELMNT COUNTRY CLUB PROPERTIES, BELMONT, SAN MA TEO COUNTY, CALIFORNIA", which map was filed in the office of the Recorder of San Mateo County, on March 24, 1927 in Book 15 of Maps, at Pages 29 to 38, inclusive.

End of Description.

I o��(�)ofRecord:

APN: I Address:

L L<:gal Description:
·•·•- - . --
Max Reinhardt
043-041-030
Unassigned (lot fronting Bartlett Way and East Laurel Creek., Belmont, CA) See Exhibit "A"
656
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Mateo
)
)
On O ltobe, ( r;) ;Jo Jl! before me, Terri Cook, Belmont City Clerk, personally appeared Ca / l OS �,. M_plD
who proved to me on the basis of satisfactory evidence to be the perso� whose name(g) is/-aresubscribed to the within instrument and acknowledged to me that he/�executed the same in his/1:ierLtheir authorized capacity�, and that by hisfherltheir signature_(g) on the instrument the person{s), or the entity upon behalf of which the person� acted, executed the instrument.

I certify under PENALTY OF PERJURY undet the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal
�- &[ Signature
657

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Belmont
City Clerk's Office
One Twin Pines Lane, Suite 330
Belmont, CA 94002-3893
Complementaty Recording Request Pursuant to Government Code 27383 APN: 043-165-090
2022-055272
11 :S1 am 07/18/22 CC Fee: NO FEE
Count of Pages 4
Recorded in Official Records
County of San Mateo
1111111
* $
/lllilliif j�/i1llfiffiii1li�iil 11111 R O O O 3 2 7 0 5 9 5 $ * Space Above This Line for Recorder's Use Only

CONDITIONAL CERTIFICATE OF COMPLIANCE
Tue City of Belmont Community Development Department has determined that the real property described herein does not comply with the Subdivision Map Act or local o_rdinances enacted pursuant thereto. This Conditional Certificate of Compliance is issued for one parcel and is being recorded in San Mateo County. Exhibit "A" describes the parcel for which this Conditional Certificate of Compliance is issued and Exhibit "B" describes the conditions that must be fulfilled and implemented in accordance with Government Code Section 66499.35 (b) before the issuance of a permit or other grant of approval for development of the parcel.

By:�M_A�1
Carlos de Melo,
Community Development Director
City of Belmont
-· . --• ..

Dated: July 11, 2022
Owner(s) of Record: Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of The Schmiede-Kraft APN: ... -, .... , ' .,. -•h""'-······�
Address:
l,,�gaj_ D��C_r..iP.1:iO�:

Living Trust
-, , 043-165-090
Unassigned
See Exhibit "A"
658
Conditional Certificate of Compliance
Exhibit "A"
Legal Description
Situated in the City of Belmont, County of San Mateo, State of California and described as follows:

Lot 43, Block 113, as shown on that certain map entitled, "MAP OF SUBDIVISION NO. 10 BELMONT COUNTRY CLUB PROPERTIES, BELMONT, SAN MATEO COUNTY, CALIFORNIA" recorded in the Office of the Recorder of San Mateo County, California, on March 24, 1927 at book 15 of Maps at page 29.

APN: 043-165-090
End of Description.

Owner(s) of Record:

APN:

Address:
�g�! :P-?_scription:

Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of The Schmiede-Kraft Living Trust
043-165-090
Unassigned
See Exhibit "A" •• •• • •••• ••• ,w•••
659
Conditional Certificate of Compliance
Exhibit "B"
Conditions for Compliance
The following conditions must be satisfied, in full, to bring the property into compliance with the Subdivision Map Act and local ordinance enacted pursuant thereto. The conditions must be satisfied before the issuance of a permit or other grant of approval for development of the parcel.

1. The property owner must submit a record of survey, stamped by a California-licensed surveyor, that describes the property by metes and bounds. A parcel map is not required.

3. The property must comply with all relevant Subdivision Ordinance and Zoning Ordinance standards for lot size, dimensions, and standards at the time the property owner acquired the property.

4. The property owner must pay a Park In-Lieu Fee in the amount specified in City of Belmont's master revenue schedule in effect at the time the property owner acquired the property.

5. The property owner must pay planned drainage fees in an amount specified in Belmont Subdivision Ordinance Section 6.13.

Advisory to the Conditions for Compliance

1. Compliance with the conditions above does not relieve the property owner of the responsibility to obtain all other necessary permits and entitlements.

2. Requests for exceptions to Subdivision Ordinance or Zoning Ordinance standards may be made as provided in the respective ordinances.

3. The city may waive the requirement that a parcel owner in the HR0-2 District fronting an unimproved road improve the road or enter into a deferred roadway improvement agreement in conjunction with a floor area or density transfer from the parcel if the lot is located on a section of an unimproved road for which a road improvement plan was submitted in compliance with BCC Section 7-13(e)(9)b, findings in Section 7-13(e)(10)h are made, and the section of unimproved road fronting the parcel is located wholly outside the approved road segment.

Owner(s) of Record:

APN:

Address:
��gal Descripti<>11:
··-· . -- ... .- Angela Elizabeth Schmiede and Lee Jeffrey Kraft, as Trustees of The Schmiede-Kraft Living Trust
043-165-090
Unassigned
See Exhibit "A" --· -··
660
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Mateo
)
)
On July 11, 2022 before me, Jozi Plut, Belmont City Clerk, personally appeared Carlos de Melo who proved to me on the basis of satisfactory evidence to be the personfSj whose nam� isfafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity�, and that by his/her/theif signatur� on the instrument the personfSj, or the entity upon behalf of which the personfSj acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true
Smy
661
October 25, 2023
Subject: LOT 55 MONTE CRESTA DRIVE
To Whom it May Concern:

Regarding the proposed project at the end of Monte Cresta Drive, the San Mateo Consolidated Fire Department supports the construction of a turn around at the end of Monte Cresta to facilitate the turn around of emergency apparatus, including engines, ladder trucks and ambulances.

The area is in a high fire hazard severity zone, a wildland fire zone designation, and the existing road end is not sufficient to be able to turn around fire apparatus which could be a problem in a wildland fire, where time is of the essence, and apparatus are frequently on the move.

Please feel free to reach out to me at [email protected] should you have any questions.

Sincerely,
Robert Marshall
Deputy Fire Chief
Fire Marshal
San Mateo Consolidated Fire Department

1040 East Hillsdale Blvd.

Foster City, CA 94404
(650) 522-7940
Community Risk Reduction
662
August 9, 2023
Subject: Monte Cresta Fire Engine/Truck Turnaround
To the Belmont Planning Division,
San Mateo Consolidated Fire Department approves the proposed turnaround located at the end of Monte Cresta Drive.

Based on the requirements set forth by the 2022 California Building and Fire Codes, the following specifications shall apply:
• The sidewalk surrounding the turnaround shall have curbs of a rolled type and be painted red. • NO PARKING signage shall be installed around the circumference of the turnaround and cite appropriate code language per the California Vehicle Code. • The road surface shall be of an all-weather type and be able to support 75,000lbs. • Any new construction shall comply with Chapter 7A of the California Building Code All conditions of approval shall always be followed and complied with.

Sincerely,
Melinda Martin
Deputy Fire Marshal
1040 East Hillsdale Blvd.

Foster City, CA 94404
(650) 522-7940
Community Risk Reduction
San Mateo Consolidated Fire
Department
663
Memo
To: Planning Commission
From: Tracy Scramaglia, Assistant Public Works Director/City Engineer cc: Carlos de Melo, Community Development Director
Date: 8/25/23
Re: PA2015-0057 (Monte Cresta Drive Roadway Extension)
Exceptions for Belmont City Code 7-13(e)(4)i. – Standards for hillside roads generally, Culde-sacs and Belmont City Code 7-13(e)(7)a.-c. – Width standards for hillside roads, Exceptions
Belmont City Code 7-13(e)(4)i. – Standards for hillside roads generally, Cul-de-sacs The applicant for the subject project is requesting an exception to Belmont City Code (BCC) Section 7- 13(e)(4)i. – Standards for hillside roads generally, Cul-de-sacs. The section requires an applicant to construct cul-de-sacs no longer than 800 feet (from the turnaround to the open street) with a turnaround radius of 32 feet. The proposed cul-de-sac is approximately 870 ft long (from the Monte Cresta Drive turnaround to the intersection of Barclay Way/Monte Cresta Drive) with a turnaround radius of 29.5 ft. See Figure 1 below. An exception would allow the applicant to exceed the 800 ft length requirement.

Figure 1 – Monte Cresta Drive Cul-de-sac
664
2 The City Engineer in consultation with the San Mateo Consolidated Fire Department (SMCFD), recommend granting the exception for the longer cul-de-sac length after the evaluation of the following:

1. Availability of a through connection via an emergency road.

Based on the geotechnical feasibility study prepared by the project engineer (Romig Engineers Inc.) and peer reviews by the City’s consulting geotechnical engineer, a through-road extension is infeasible due to geotechnical issues and environmental conditions. The project proposes a road segment with a fire truck turnaround.

2. Number of lots/houses/occupants to be served by the cul-de-sac.

The existing cul-de-sac at the terminus of Monte Cresta Drive currently serves 17 homes along the 2800 block of Monte Cresta Drive. The road extension would provide driveway access to the proposed development site, and potentially provide access to the adjacent lot west of the new road terminus.

3. Type of construction of buildings (e.g., fire-retardant roofs and siding, interior sprinklers).

Construction for the proposed dwelling will be conditioned to meet Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) of the California Building Code and that the home construction includes an automatic fire sprinkler system.

4. Water pressure and availability of a secondary water main.

The project site is in a residential neighborhood surrounded by existing single-family homes with existing water service. The project would install a water supply lateral that would connect to an existing water main in Monte Cresta Drive. Water pressure for the newly installed water lines will be tested during construction of the proposed single-family home.

5. Proximity to fire station and hydrant.

Fire Station #15 is located approximately 0.8 miles from the project site and a fire hydrant is proposed at the turn-around / cul-de-sac.

6. Street width.

The project will meet the hillside road width standards related to the cross slopes with the granted exception.
665
3 Belmont City Code 7-13(e)(7)a.-c. – Width standards for hillside roads, Exceptions BCC 7-13(e)(6) allows for the elimination of sidewalks and/or parking lanes based on the roadway cross slope. According to the letter dated 8/25/2017 from BKF Engineers, the average cross slope was determined to be 29%. For cross slopes between 21% - 30%, the following width is required.

Cross Slope Traffic Lanes Curbs & Gutters Parking Lanes Sidewalks Total Width 21%—30% 20' 2' both sides 5.5' both sides 5’ one side 40' The applicant for the subject project is requesting an exception to the Width Standards to eliminate the

5.5 parking lanes based on SMCFD requiring the proposed turnaround to be designated as “No Parking” with rolled red curbs, to provide for adequate emergency access.

Pursuant to BCC 7-13(e)(7)a.-c., exceptions to any of the hillside road standards may be granted by the administrative or legislative body approving the road improvement project upon recommendation of the city engineer based on consultation with the fire chief and appropriate engineering evaluations.

Staff proposes that the Planning Commission recommend that the City Council make the following findings for the exception:
a. Granting the exception will not unduly impair vehicular or pedestrian safety, or emergency access.

The Public Works Department and SMCFD have reviewed the project plans and expressed no concerns regarding emergency access.
b. Granting the exception will result in road improvement which is consistent with the San Juan Hills Area Plan and other city ordinances.

Granting the exception will not result in a road improvement inconsistent with the San Juan Hills Area Plan and other City ordinances as established in the Categorical Exemption (CE) Evaluation and the Staff Report prepared for the project. c. Reducing the standard is necessary to avoid excessive grading or vegetation removal or to reduce the risk of erosion, flooding or slope failure.

Due to the existing unimproved right-of-way width fronting the site, there is not adequate space to construct a larger turnaround to accommodate parking lanes and a fire truck turnaround. The construction of a larger turnaround would require right-of way dedications from the adjacent privately owned properties, resulting in additional grading (cut and fill material), vegetation removal, construction of steep retaining walls, and additional project hardscape. 666

Page 1 of 2 ends

BKF No. 20166012
August 25, 2017

CITY OF BELMONT

COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Rob D. Gill
One Twin Pines Lane
Belmont, CA 94002
Subject: Planning Application No. 2015-0057
(Complex Project - APN 043-165-180)
Mr. Gill:

Thank you for your time in reviewing the above-mentioned project and for providing comments related to the previous submittal package. Upon reviewing your comments for the project (Incomplete Letter – July 19, 2017) we noticed one outstanding item that we intend to clarify and address as follows:

Incomplete Item #1 (Condition 4 of Exhibit A):
“The requirements for sidewalk are stated in Section 7-13. There are no exceptions for a fire truck turnaround. Road improvements in the San Juan Hills to an unimproved road must conform to the Hillside Road Standards (e.g. sidewalk, parking lanes, etc.) in BCC Section 7-13(e) unless an exception is requested. Please specify and summarize all exceptions required to the Hillside Road Standards and submit details to justify waiving the requirements.” Per Resolution No. 2017-005, and as previously discussed during coordination meetings with City staff, we agree with the spirit of the comment. It is indeed important to understand how the proposed cul-de-sac improvements fit within the overall road improvement plan to avoid potential impacts to the properties along the unimproved road. To understand the impacts to the future overall road improvement, BKF prepared slope calculations for the overall road to determine the required street section per BCC Section 7-13.

Per BCC 7-13(e)(3)(a) Cross slope is the inclination of the ground surface across a road alignment expressed as a percent obtained by dividing vertical distance by horizontal distance. Cross slope is measured along a hundred-foot section drawn perpendicular to the contours and extending fifty (50) feet from each side of the center of the road alignment.

BKF’s slope analysis for the overall road is hereby attached as previously prepared in March 3, 2012 (Exhibit 1).

Upon analyzing 35 existing road segments, the results indicate an average slope of 41%. Per BCC 7-13(e)(6), a road with an average slope of 41%-50% would require a design to include:

Cross Slope Traffic Lanes Curbs & Gutters Parking Lanes Sidewalks Total Width 41%—50% 20' 2' both sides 5.5' one side none 29.5'
Per BKF plans, sheet C2 dated 6/20/2017 (Road Extension Conceptual Design) the following is included:
41%—50% 20' 2' both sides 5.5' one side 5’ (one side) 34.5' After further discussions via phone with Mr. Brian Dong and Mr. Gilbert Yau, we understand that the City’s interpretation on Section 7-13 requires a slope analysis for the road segment opposed to the full road. 667

Page 2 of 2 ends

Per BCC 7-13(e)(6) Cross slopes should be calculated from a detailed engineering topographic map prepared by a registered civil engineer or licensed land surveyor according to specifications required for a grading plan (section 9- 25). Our slope analysis is calculated based on the existing conditions per field observations, recent supplementary surveys, and as shown on the topographic map part of the road improvements prepared by LTI Engineers, Inc. dated September 26, 2003.

As directed by Mr. Dong and Mr. Yau, we prepared a slope analysis for the road segment (Exhibit 2) attached to this letter. The results indicate an average slope of 29%, which by BCC Section 7-13 would require:

Cross Slope Traffic Lanes Curbs & Gutters Parking Lanes Sidewalks Total Width 21%—30% 20' 2' both sides 5.5' both sides 5’ one side 40' Civil engineering plans have been revised to provide a 40’ wide road section as stated above. At the request of the Fire Department, the curbs at the turnaround shall be painted red to prohibit parking within the 5.5’ parking lane. Based on City staff’s assessment, this condition will require an exception per BCC 7- 13(e)(7). The exception requested is based on:

BCC 7-13(e)(7)(a) Granting the exception will not unduly impair vehicular or pedestrian safety, or emergency access: The Fire Department has expressed satisfaction with the proposed cul-de-sac turnaround. Pedestrian and Vehicular safety will be increased, and emergency access will be enhanced once constructed.

BCC 7-13(e)(7)(b) Granting the exception will result in road improvement which is consistent with the San Juan Hills Area Plan and other city ordinances: The exception requested will still allow the design to be consistent with the development guidelines and goals for the San Juan Hills Area Plan and other City ordinances as particularly related to the road segment and the “future road” improvements.

BCC 7-13(e)(7)(c) Reducing the standard is necessary to avoid excessive grading or vegetation removal or to reduce the risk of erosion, flooding or slope failure: BKF has reviewed several other options including a hammerhead and a standard cul-de-sac turnaround. Both alternatives require an increase in disturbance of at least 10 feet within the hillside area, which in turn would require significant grading, retaining walls, and right-ofway dedications. The additional grading, retaining walls, and right-of way dedications would make the project economically infeasible. When compared to other alternatives, due to the smaller footprint in land disturbance, the proposed turnaround decreases the amount of grading, decreases the vegetation removal, and decreases the possibility of associated slope failure.

As previously mentioned, the construction of the proposed cul-de-sac is intended for enhanced safety and for enhanced emergency service access. Such proposed emergency service access has already been deemed satisfactory by the Fire Department.

Please feel free to contact me if you need any additional information or clarification.

Respectfully,
BKF Engineers
Isaac Kontorovsky, P.E., QSD/QSP
Associate
Cc: Jeff Kraft
668
EXHIBIT 1 FULL ROAD
FULL ROAD AVERAGE SLOPE: 41 %
669
670
671
EXHIBIT 2 672
September 11, 2023
Rob Gill
Senior Planner
The City of Belmont
Via email: [email protected]
Re: 0 Monte Cresta Road Construction Analysis
Dear Rob:

Below is an updated financial analysis of construction of a possible Monte Cresta through road. The original analysis was in response to item #9 in the compliance letter dated 7/28/2018.

Because of the now required firetruck turnaround, our project’s portion of the road improvement is 2,360 sq ft. for hard costs total $245,424 (see attached BKF Budget) plus the soft costs (e.g., engineering plans etc.) total estimated budget of $300,000. There will be a reimbursement agreement for the improvements we are installing and funding. Assuming only one other home is built, half of the cost of the firetruck turnaround, which would be required for the additional home, is $150,000. The estimated time for construction of the road and firetruck turnaround is six months, although construction could take place concurrently with construction of the house. The potential timetable for undertaking the road improvements would be after the project is approved and receives building permit issuance.

The conceptual through road adjusted budget in 2018 was $9,000,000. With an estimated 10% adjustment for cost increases, the current estimated total is $9,900,000. The best-case scenario for the through road would allow 6 homes (not including ours) to be serviced, netting 2,800 square feet that is livable/sellable per house.

That equals16,800 square feet total, in a best-case scenario. If you divide the road cost by the net sellable square footage, it is nearly $600 per square foot or $1.7 million per house. This does not factor in the cost of the 3 lots it takes to build a 2,800 square foot house or the actual current construction cost of nearly $600 per square foot. Factoring in the need to consolidate lot ownership and the uncertainty of approval, this does not seem to be a viable option.

Another obstacle to the through road is the fact that a developer at the other end of Monte Cresta is proposing a 300’ road segment, which due to geological hazards, would serve 4 homes. This would reduce the remaining homes that would require a through road to only 2. Even if you cut the road cost in half for the remaining road, which it wouldn't be because it will be 80% of the full through road over the worst geo hazards, that would still be $2.5 million per home.

For the reasons listed above, the through road is not feasible. Please contact me if you have any questions about the estimated finances for the proposed turnaround.

Best regards,
Jeff
Jeff Kraft
[email protected]
673
BKF
1730 N. First Street, Suite 600
San Jose, CA 95112
Cul-De-Sac Cost Estimate
Kraft Residence
Belmont, CA
BKF JOB NO. 20166012
Estimated Date: 9/6/2023
City Right-of-Way

ITEM DESCRIPTION UNIT PRICE QUANTITY UNIT AMOUNT NOTES
A. SITE IMPROVEMENTS

1. City Curb & Gutter $27.00 146 LF $3,942

2. City Sidewalk $18.00 376 SF $6,768

3. Roadway AC Section $25.00 2,360 SF $59,000

4. Retaining Wall $600.00 32 LF $19,200

5. Red Curb $3.00 146 LF $438

6. Redwood Header Board $5.00 50 LF $250

7. Driveway $25.00 67 SF $1,675

8. Fence $26.00 17 LF $442

9. Sawcut $3.50 146 LF $511
SITE SUB-TOTAL $92,226
B. DRY UTILITIES

1. Joint Trench $420.00 90 LF $37,800
DRY UTILITIES SUB-TOTAL $37,800
C. DOMESTIC & FIRE WATER

1. 6" Water Line PVC $95.00 55 LF $5,225

2. Relocated Fire Hydrant Assembly $2,000.00 1 EA $2,000

3. 6" tapping valve & sleeve (to existing w main) $4,800.00 2 EA $9,600

4. Water Meter $1,200.00 1 EA $1,200
DOMESTIC & FIRE WATER SUB-TOTAL $18,025
D. STORM DRAIN

1. Sidewalk Curb Underdrain $1,100.00 1 EA $1,100

2. Storm Drain Property Line Inlet $6,000.00 1 EA $6,000 STORM DRAIN SUB-TOTAL $7,100
E. SANITARY SEWER

1. 6" Sanitary Sewer (PVC) $78.00 118 LF $9,204

2. Connecting to Existing Sanitary Sewer Manhole $3,600.00 1 EA $3,600

3. Sanitary Sewer Cleanout $800.00 1 EA $800

4. Sanitary Sewer Manhole $8,000.00 1 EA $8,000
SANITARY SEWER SUB-TOTAL $21,604
F. DEMOLITION

1. Remove Curb $12.00 30 LF $360

2. Saw Cut (Full Depth) $3.50 30 LF $105

3. Remove Bollards $350.00 6 EA $2,100

4. Earthwork $24.00 550 CY $13,200
DEMOLITION SUB-TOTAL $15,765
G. EROSION CONTROL

1. Erosion Control $12,000.00 1 LS $12,000
EROSION CONTROL SUB-TOTAL $12,000
$204,520
$20,452
$20,452
Total Cost For Cul-De-Sac Construction (City R/W) $245,424 Subtotal
10% Mobilization Contingency
10% Contingency
\\BKF-SJ\vol4\2016\166012_Kraft Residence-Monte Cresta Dr\DOCS\09-Cost_Est_Quantities\A-Eng_Estimates_Quantities\Kraft_CulDeSac_Imrovements_CostEstimate.xlsPage 1 674 675
Monte Cresta Drive Single-Family Home and
Road Extension Project
Categorial Exemption Evaluation
City of Belmont
1 Twin Pines Lane
Belmont, CA 94002
Revised September 2023
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Evaluation for Applicability of a Categorical Exemption Under CEQA Sections 15303 (New Construction or Conversion of Small Structures) and 15332 (In-Fill Development Projects)
Monte Cresta Drive Single-Family Home and Road Extension Project City of Belmont
Introduction
The City of Belmont (City) has received an application from Jeff Kraft (Applicant), to construct a single-family home on an existing vacant lot at the western terminus of Monte Cresta Drive in the Belmont hills. The proposed project, referred to as the Monte Cresta Drive Single-Family Home and Road Extension Project, involves constructing a 3,299.38 sq. ft. two-story residence with an attached garage with a driveway extending from the terminus of Monte Cresta Drive.

The project site is located within the San Juan Hills Area Plan (SJHAP) and, therefore, is subject to San Juan Hills Area Plan policies. The proposed project includes a Floor Area Transfer as described in the San Juan Hills Area Plan. Floor Area Transfers are permitted to allow development to occur on “receiving sites” while preserving open space on “sending sites”.

Pursuant to Belmont Zoning Ordnance Section 4.7.11(d), non-contiguous parcels within the HRO-2 Zoning District are permitted a permanent transfer of floor area (1,200 sq. ft.) from one parcel to another. A conservation easement is required to be recorded over the entire sending property. As a part of this project, the applicant proposes to transfer floor area from two noncontiguous parcels along the unimproved portion of Monte Cresta Drive (APN 043-242-210 Lot 19 & APN 043-165-090 Lot 43). The parcels are located approximately 470 feet northwest (APN 043-165-090 Lot 43) and approximately 590 feet north (APN 043-242-210 Lot 19) of the existing terminus of Monte Cresta Drive.

The City of Belmont has issued a Conditional Certificate of Compliance for the project site and the transfer lots to bring the properties into compliance with the Subdivision Map Act (SMA) and Belmont Subdivision Ordinance. The properties will need to satisfy all relevant zoning regulations, including minimum lot size, before it may be developed or otherwise entitled.

The City of Belmont has reviewed the application materials submitted for the project, this Categorical Exemption Project Description, the Environmental Protection Measures (EPMs) incorporated into the project, and the potential environmental impacts as described below.

Based on this information, it has been determined that the project qualifies as exempt from further CEQA analysis under 15303: New Construction or Conversion of Small Structures and Section 15332: In-Fill Development Projects. No exceptions to these exemptions have been identified as documented in this Categorical Exemption. A Notice of Exemption for the project will be filed with the San Mateo County Clerk’s Office and with the State Office of Planning and Research (OPR).

Required Entitlements
The project will be required to secure the following entitlements:
• Road Improvement Plan
• Single-Family Design Review
• Floor Area Transfer / CUP
• Grading Permit
• Tree Removal Permit
• Exception to eliminate parking lanes within the cul-de-sac under BCC 7-13(e)(7)(a-c) 678
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• Exception to standards for cul-de-sacs under BCC Section under 7-13(4)(i) Project Description
The information within the Project Description was obtained from the following plan sets and technical reports provided by the project applicant:
• Kraft Residence Permit Plans (5/29/2018, updated in 2022) • Kraft Residence Design Review Plans (4/2/2022)
• Biological Resources Assessment for the Kraft Residence (10/14/2017, updated 6/3/2022)
• Arborist Report and Tree Map (7/24/2018)
• Kraft Residence – Storm Drain Impact Study (1/3/2022) • Geotechnical Feasibility Study (12/3/2015), Geotechnical Investigation (1/29/2016), Geotechnical Peer Reviews (2015 – 2022)
Project Location and Site Description
The project site is located in western Belmont at the western terminus of Monte Cresta Drive, adjacent to 2817 Monte Cresta Drive (Figure 1 Project Location). The site is a steeply sloping

0.22-acre parcel (Assessor Parcel Number (APN) 043-165-180 Lot 55) bounded by the residence at 2817 Monte Cresta Drive to the east, the residence at 2810 Alhambra Drive to the south, open space to the west of Monte Cresta Drive, and Monte Cresta Drive and the residence at 2828 Monte Cresta Drive to the north (Figure 2 Project Vicinity).

The project site is currently undeveloped and contains vegetation and wildlife habitats consisting primarily of non-native annual grassland and coast live oak woodland. The site has relatively steep slopes. The ground surface across the majority of the property slopes down to the south at an average gradient that ranges from about 2:1 to 2.7:1 (horizontal:vertical). The lower portion of the slope in the southwestern portion of the property was excavated to a gradient of about 1:1 to 1.3:1 (horizontal:vertical) prior to construction of the residences south of the property. The site has an average slope of 48.7% and drains to the south toward Alhambra Drive and Barclay Way.
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Figure 1 Project Location
Source: Wood Biological Consulting (2017, 2022)
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Figure 2 Project Site Vicinity
Source: Google Earth (2023)
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Figure 3 Site Photos
Source: Wood Biological Consulting (2017)
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Figure 3 Site Photos (continued)
Source: Wood Biological Consulting (2017)
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Zoning and Land Use
The project site is zoned HRO-2 (Hillside Residential Open Space - subdivided) with a General Plan Designation of HROS – Hillside Residential Open Space. The project parcel is located in the Wildland Urban Interface (WUI) and has a High Fire Hazard Severity Zone (HFHSZ) designation from Cal Fire.

The project parcel is bounded by parcels with the Residential Low Density land use designation and Single Family Residential,6,000 sq. ft./D.U. (R-1B) zoning district to the east (APN 043-165- 190), the Residential Low Density land use designation and Single Family Residential, 6,000 sq. ft./D.U. (R-1B) zoning district to the south (APN 043-165-360), the Hillside Residential Open Space land use designation and Hillside Residential & Open Space, Subdivided (HRO2) zoning district to the west (APN 043-165-170), the Residential Low Density land use designation and Single Family Residential, 6,000 sq. ft./D.U. (R-1B) zoning district (APN 043-243-330) to the north across Monte Cresta Drive, and the Hillside Residential Open Space land use designation and Hillside Residential & Open Space, Subdivided (HRO2) zoning district (APN 043-243-340) also to the north across Monte Cresta Drive. See Figure 4 Surrounding Parcel Boundaries and Figure 5 Belmont Zoning Designations.

San Juan Hills Area Plan
The project site is located within the bounds of the San Juan Hills Area Plan (1988). The San Juan Hills Area Plan reduces development potential within the Plan Area, increases the provision of open space, addresses the provision and financing of infrastructure, establishes policy that mitigates geologic and hydrologic issues, limits density and intensity of development, and provides community design standards. Development of the project site is subject to land use and zoning policies and regulations associated with the HRO-2 zoning district, the HROS General Plan land use designation, and the development requirements of the San Juan Hills Area Plan. An Environmental Impact Report was prepared and certified in 1988 that addressed the environmental effects and potential buildout of the San Juan Hills Area Plan.

Project Proposal
The project applicant proposes to construct a 3,299.38-square-foot two-story residence with an attached garage (561.6 sq. ft.) with a driveway extending from the terminus of Monte Cresta Drive. The proposed construction also includes extending Monte Cresta Drive approximately 50 feet and constructing a fire truck turn-around/cul-de-sac at the western terminus of Monte Cresta Drive and will require construction of retaining walls and drainage control measures. A roadway extension is required to comply with the Americans with Disabilities Act (ADA) and design standards of the City’s Hillside Road Standards – San Juan Hills, as specified in Section 7-13 of the City Code. The San Mateo Consolidated Fire Department is requiring the turnaround to be designated as “No Parking” and “rolled red curb” to provide for adequate emergency access. Table 1 shows the project’s proposed building improvements. Figure 6 – Preliminary Site Plan shows the site layout.
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Figure 4 – Surrounding Parcel Boundaries
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Figure 5 – Belmont Zoning Designations
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Figure 6 – Preliminary Site Plan
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Table 1 Summary of Proposed Building Improvements
Feature Proposed
Lot Coverage 1,956.74 sq. ft. (20.11%)
Building Height 28’-0”
Front Yard Setback 18’-3 7/8”
Side Yard Setback (Left) 7’2 5/8”
Side Yard Setback (Right) 7’-8 3/4”
Rear Yard Setback 50’-9 1/4”
Floor Area Ratio (F.A.R.) 1.69
Gross Floor Area 3,299.38 sq. ft.

The emergency vehicle turnaround at the terminus of Monte Cresta Way would be approximately 2,552 sq. ft. and must not have overhead obstructions.

Proposed retaining walls up to 10 feet high would be constructed in several places both on and off site. The site plans indicate that a drainage swale on the uphill site of retaining walls shall be constructed to provide flow to drainage structures and to stop ponding behind the retaining wall.

Drainage swales would be 1 foot wide and 0.5 feet deep.

All construction would be carried out in accordance with the final version of the project site plans approved by the City, including all construction notes, and notes regarding construction site management and environmental controls.

Architectural Design
The proposed single-family dwelling would consist of a two-story residence with an attached garage. The upper level of the proposed residence would be constructed roughly at grade with Monte Cresta Drive. The main level of the residence would extend downslope from the upper level of the dwelling. The building façade would have a combination of vertical wood siding, stucco finish, metallic cladding, stone cladding, and two-sided metallic cladding and horizontal wood siding. The façade of the building would be articulated with recessed windows, parapets, exposed hollow structural section (HSS) columns, and wall extensions. Select windows throughout the residence would consist of fully tempered glass that can withstand a human impact load in compliance with California Building Code requirements (CPSC 16 CFR 1201 (R308.4)). Glass guardrails would enclose the driveway and walkway and surround the upper, mid, and lower decks that would be located along the south-facing façade of the building. The residence would contain an ADA-compliant elevator, connecting the upper and main levels of the building.

The proposed residence would be mechanically ventilated with a system installed in accordance with the California Mechanical Code.
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The proposed residence is located within a High Fire Hazard Severity Zone, requiring design compliance with the California Building Code Chapter 7-A.

Landscaping
Site landscaping improvements would include a paved driveway and walkway off of Monte Cresta Drive, an uncovered deck off the south end of the new residence, retaining walls, and various plantings. The new driveway and walkway would consist of a concrete pan deck on structural steel with recessed artificial turf decorative inserts.

The project proposes the removal of one of the four onsite trees. The tree to be removed is a Coast live oak in poor condition that is recommended for removal. The remaining three onsite trees, all Coast live oak trees, and two Coast live oak trees located on a neighboring property whose canopies extend onto the project site, would be protected during project construction through implementation of a tree protection plan (see Table 2). New plantings would consist of 29 trees, all California native tree species, and a mix of California native and non-native shrubs and groundcover. All new plantings would be low water use vegetation. The landscape plantings would be established consistent with Cal Fire Defensible Space requirements for the HFHSZ.

The project proposes to construct a retaining wall off site in the public road right-of-way along the curve of the cul-de-sac that would serve as the terminus of the proposed road extension.

This retaining wall would extend on site to span underneath and support the proposed on-site driveway bridge. A total of eight additional retaining walls would be constructed along both sides of the proposed residence to stabilize and support the disturbed slope. Retaining walls have been designed according to the specifications set forth in geotechnical investigations and reports prepared for the proposed project.

Utilities
The project site currently does not contain any utilities infrastructure. The project proposal includes the installation of new water, sanitary sewer, electricity, gas, and storm drain utilities.

The project would extend lateral utility lines from the water, sewer, and storm drain mains in Monte Cresta Drive, a distance of not more than 150 feet. See Figure 7 – Preliminary Utility Plan.

Water Supply
The proposed residence would receive water from the Mid-Peninsula Water District. The project would install a water supply lateral that would connect to an existing water main in Monte Cresta Drive. The project would also relocate an existing fire hydrant on Monte Cresta Drive as part of the proposed road extension.

Sanitary Sewer
The proposed residence would receive sanitary sewer collection service from the City of Belmont. Wastewater collected from the residence would be conveyed via the City of Belmont’s sanitary sewer system and treated at the Silicon Valley Clean Water wastewater treatment plant in Redwood City. The project would install a 6-inch sewer lateral and sewer manhole that would connect to an existing sewer main in Monte Cresta Drive. 691
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Figure 7 – Preliminary Utility Plan
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Electricity
The proposed residence would receive electricity services from Pacific Gas & Electric Company (PG&E). The project would install a new electrical line that would connect to an existing PG&E vault and power infrastructure on Monte Cresta Drive.

Stormwater Drainage
The project would install stormwater capture and treatment features onsite, including storm drain lines, a trench drain, and a separate sub-drain system consisting of retaining wall subdrains, a sump pit and pump, and a force main that would connect to a curb-thru drain on Monte Cresta Drive. Stormwater collected onsite would be collected via the storm drain downspouts and lines, directed to the sump pit, and conveyed via the force main into the City’s stormwater collection system on Monte Cresta Drive.

Solid Waste
Solid waste collection services would be provided by Recology (garbage/recycling).

Construction
The anticipated construction start date and schedule are not currently known. Project construction would not occur until after the project has received Planning and Building Department approval. Project construction activities, which would include excavation, grading, application of coatings, paints, and solvents, and building construction, would follow the erosion and sedimentation control best management practices (BMPs) contained within the project design review plan set, specifically on Sheets C3.0, C4.0, C5.0, and C5.1. According to the project design plans prepared by BKF Engineers and dated April 2, 2022, project construction would involve approximately 150 cubic yards (CY) of cut and 650 CY of fill with the import of 500 CY of fill.

Environmental Protection Measures
The Environmental Protection Measures (EPMs) listed in Table 2 below are incorporated into the planning, design, construction, operation, and maintenance of the project to minimize the potential adverse effects of the project on the surrounding community and the environment.

EPMs include impact Avoidance and Minimization Measures (AMMs), including best management practices (BMPs), identified by the applicant on the proposed project plans and the City’s standard Conditions of Approval (COAs) that apply to the project. For the purposes of this Categorical Exception, these EPMs were considered part of the project and not mitigation measures. The City’s conclusion that the project would not have any significant adverse effects on the environment assumes the implementation of these measures.

Table 2: Environmental Protection Measures Incorporated into the Project Environmental
Topic Area
EPM
Type EPM
Air Quality AMM EPM-1: Construction and Operational Emissions The General Plan EIR (GP EIR) indicates that individual development projects have the potential for construction and operational emissions in excess of BAAQMD’s project level thresholds; however, Mitigation Measures AQ-1 through AQ-4 would reduce construction related emissions, and Mitigation Measure AQ-5 would address operational-related emissions. 694
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Environmental
Topic Area
EPM
Type EPM
Thus, all large projects are required to implement the following mitigation measures as standard conditions of project approval:

1. Pursuant to GP EIR Mitigation Measure AQ-1, the applicant shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50
horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site.

The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine.

ARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.

2. Pursuant to GP EIR Mitigation Measure AQ-2, the applicant shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as Diesel high performance renewable).

Renewable diesel is currently commercially available in San Francisco Bay Area.

3. Pursuant to GP EIR Mitigation Measure AQ-3, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by
ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction.

4. Pursuant to GP EIR Mitigation Measure AQ-4, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures are based on
BAAQMD’s current [2017] CEQA guidelines.
a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and un- paved access roads) will be watered two times per day.
b) All haul trucks transporting soil, sand, or other loose material offsite will be covered.
c) All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers
at least once per day. The use of dry power sweeping is prohibited.
d) All vehicle speeds on unpaved roads, driveways, or
driving surfaces shall be limited to 15 mph.
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Environmental
Topic Area
EPM
Type EPM
e) All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
f) Post a publicly visible sign with the telephone number and the name of the person to contact at the lead agency
regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the District will also be visible to ensure compliance.

5. Pursuant to GP EIR Mitigation Measure AQ-5, the
developer(s) shall provide education for residential and commercial tenants concerning green consumer products.

Prior to receipt of any certificate of final occupancy, the project sponsors shall work with the City of Belmont to develop electronic correspondence to be distributed by email to new residential and commercial tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may
include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled
landscaping equipment.

6. The applicant must require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by implementing following measures during construction related activities:
a. Idling times must be minimized either by shutting
equipment off when not in use or reducing the maximum
idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage must be
provided for construction workers at all access points. b. All construction equipment must be maintained and
properly tuned in accordance with the manufacturer’s
specifications. All equipment must be checked by a
certified mechanic and determined to be running in proper condition prior to operation.

7. The applicant must require their contractors, as a condition of contract, to reduce construction-related fugitive ROG
emissions by ensuring that paints and solvents have a VOC content of 100 grams per liter or less for interior surfaces and 150 grams per liter or less for exterior surfaces.

EPM-2: Dust Control

1. The owner/applicant must submit a dust control plan for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary.

The application of water must be monitored to prevent runoff into the storm drain system. Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the 696
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Environmental
Topic Area
EPM
Type EPM
contractor’s operations, either inside or outside of the right-ofway must be controlled. The measures must also include:
a) Water all active construction sites at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking
areas, and staging areas at construction sites.
d) Sweep daily (with water sweepers) all paved access
roads, parking areas and staging areas at construction
sites.
e) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more).
g) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
h) Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
i) Replant vegetation in disturbed areas as quickly as
possible.
j) Watering should be used to control dust generation during the break-up of pavement.
k) Cover all trucks hauling demolition debris from the site. l) Use dust-proof chutes to load debris into trucks whenever feasible.
m) Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
n) All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications. All equipment shall be checked by a
certified mechanic and determined to be in proper running order prior to operation.
o) Diesel powered equipment shall not be left inactive and idling for more than five minutes, and shall comply with applicable BAAQMD rules.
p) Use alternative fueled construction equipment, if possible. q) All vehicle speeds on unpaved roads shall be limited to 15 mph.
r) Post a visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints.

This person shall respond and take corrective action
within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable
regulations.
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Environmental
Topic Area
EPM
Type EPM
EPM-3: Greenhouse Gases

1. A minimum of 10% of the construction materials must be acquired (sourced) within 100 miles of the planning area.

Documentation must be provided before the final building permit inspection.

2. A minimum of 50% of the construction waste generated by this project must be recycled or salvaged for use.

Documentation must be provided before the final building permit inspection. Sample forms located at
www.hcd.ca.gov/CALGreen.html may be used to assist in
documenting compliance.

3. Prior to issuance of a building permit, the applicant must provide documentation (i.e., construction contracts or signed agreements) demonstrating that all contractors and
subcontractors agree to operate all off-road equipment
greater than 50 horsepower (hp) and operating for more
than 20 total hours over the entire duration of work on renewable diesel (such as Diesel high performance
renewable).

Biological
Resources
AMM Nesting migratory birds are protected under the Migratory Bird Treaty Act, and Section 3503 of the California Fish and Game Code. Several species of bats that inhabit the Bay Area are listed as a California Species of Special Concern (CSSC). Tree removal has the potential to disturb nesting migratory birds and bats. Thus, all applications that include tree removal are required to implement the following measures as standard conditions of project approval:

EPM-4: Nesting Birds

1. To minimize potential impacts on nesting birds, the applicant shall avoid construction activities (i.e., tree pruning, tree removal, tree protection work, demolition, grading, and construction) during the active nesting season (between February 1, and August 31). If it is not possible to schedule construction activities between September 1 and January 31, then pre-construction surveys for nesting birds should be conducted by a qualified biologist to ensure that no nests will be disturbed during project implementation. These surveys shall be conducted no more than 7 days prior to the initiation of construction activities. During this survey, a qualified biologist will inspect all trees and other potential nesting habitats (e.g., trees, shrubs, and structures) in and
immediately adjacent to the impact areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the biologist will determine the extent of a construction-free buffer zone to be established around the nest (typically 300 ft for raptors and 100 ft for other species, typically recommended by the California
Department of Fish and Wildlife), to ensure that no nests of species protected by the Migratory Bird Treaty Act and
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California Fish and Game Code will be disturbed during
project implementation.

2. If construction activities will not be initiated until after the start of the nesting season, all potential nesting substrates (e.g., bushes, trees, grasses, and other vegetation) that are
scheduled to be removed by the Project should be removed prior to the start of the nesting season (e.g., prior to February 1). This will reduce the initiation of nests in the vegetation and reduce potential delays of the Project due to the
presence of active nests within these substrates.

EPM-5: Bats

1. A qualified biologist shall visually inspect trees to be removed for bat roosts within 7 days prior to their
removal. The biologist will look for signs of bats including sightings of live or dead bats, bat calls or squeaking, the smell of bats, bat droppings, grease stains, or urine
stains around openings in trees or structures, or flies around such openings. Trees with multiple hollows,
crevices, forked branches, woodpecker holes or loose
and flaking bark have the highest chance of occupation
and shall be inspected the most carefully.

2. If signs of bats are detected, CDFW should be contacted about how to proceed. Echo-location surveys may be
needed to verify the presence of bats, or an exclusion
zone around the occupied tree may be recommended
until bats leave the roost. Due to restrictions of the
California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is
discovered during project construction.

EPM-6: San Francisco Dusky-Footed Woodrat
The San Francisco Dusky-footed Woodrat (SFDW) occurs in a variety of habitats throughout the Bay Area. The SFDW is listed as a California Species of Special Concern (CSSC). Clearing, grading, and other construction activities have the potential to disturb Dusky-footed Woodrats. Thus, the City has adopted an SDR that requires the submittal of a biological report for development on properties that are either found to contain wood rats, or are adjacent to properties that have a high likelihood to contain woodrats (i.e., woodlands, riparian, annual grass, coastal scrub and chaparral habitats delineated in GP EIR Figures 4.3-1 through 4.3-5). In addition, the following standard COAs are required for all applications that include clearing, grading, and other construction activities where there is a high likelihood of SFDW occurrence:

1. Pre-Construction Survey. No more than thirty days prior to site disturbances (i.e., clearing, grubbing, grading or tree removal), a qualified biologist must survey for SFDW nests 699
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within and adjacent to the limits of these activities (impact area). All nests (active or inactive) must be mapped and flagged in the field. If no stick nests are detected, no further surveys are required, unless recommended by the biologist.

The biologist must submit the results of the survey to the Community Development Department, prior to any site
disturbances.

2. Construction Worker Education. Prior to issuance of building permits, the applicant must demonstrate that a qualified biologist has conducted worker environmental awareness
training for all project construction personnel. The training must include a description of the San Francisco dusky-footed woodrat (SFDW) and how to recognize and avoid SFDW
stick houses. Workers must be instructed to remain within the designated work area at all times and to minimize the area of vegetation removal and ground disturbance to the minimum necessary for the project.

3. Avoidance / Buffer Plan. Woodrat houses within 50 feet of the construction activities area must not be physically disturbed and must be protected with the maximum feasible dispersal buffer, as determined by a qualified biologist. The buffer areas must be clearly marked with flagging. The buffer areas must be left in a natural, vegetated state and no construction activities or staging of equipment may take place within the buffer areas. The applicant must demonstrate that the buffer areas are in place and inspected by a qualified biologist, prior to grading, grubbing or tree removal activities.

4. Unexpected Woodrats. In the event unexpected woodrat nests are encountered during construction activities, all construction activity in the area of the find shall be halted, and the Community Development Director shall be notified; a qualified biologist must examine the find and make
appropriate recommendations for buffer installation
(avoidance measures) or relocation of woodrat nests with approval by the California Department of Fish and Wildlife.

The applicant must demonstrate that the buffer is in place or the woodrats have been properly relocated, prior to resuming activities in the area of the find.

5. Relocation Plan. If woodrat nests are to be relocated, then a woodrat relocation plan must be prepared and submitted to California Department of Fish and Wildlife (CDFW) for
approval. Relocations must be performed under the direct supervision of a qualified biologist approved for this project by the CDFW.

EPM-7: Tree Protection Plan
Tree Protection Zones
Tree protection zones should be installed and maintained throughout the entire length of the project. Fencing for tree protection zones should be 6’ tall, metal chain link material supported by metal 2” diameter poles, pounded into the ground to 700
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a depth of no less than 2’. The location for the protective fencing should be as close to the dripline of desired trees as possible, still allowing room for construction to safely continue. No equipment or materials shall be stored or cleaned inside the protection zones. Areas outside protection zones, but still beneath the tree’s driplines, where foot traffic is expected to be heavy, should be mulched with 4-6” of chipper chips. The spreading of chips will help to reduce compaction and improve soil structure. Tree protection fencing shall be up before the start of the project.

Root Cutting and Grading
Any roots to be cut shall be monitored and documented. Large roots (over 2” diameter) or large masses of roots to be cut must be inspected by the site arborist. The site arborist, at this time, may recommend irrigation or fertilization of the root zone. All roots needing to be cut should be cut clean with a saw or lopper.

Roots to be left exposed for a period of time should be covered with layers of burlap and kept moist.

Trenching and Excavation
Trenching for irrigation, drainage, electrical or any other reason shall be done by hand when inside the dripline of a protected tree. Hand digging and the careful placement of pipes below or besides protected roots will significantly reduce root loss, thus reducing trauma to the tree. All trenches shall be backfilled with native materials and compacted to near its original level, as soon as possible. Trenches to be left open for a period of time, will require the covering of all exposed roots with burlap and be kept moist. The trenches will also need to be covered with plywood to help protect the exposed roots.

Irrigation
The coast live oak trees on the property will not need any irrigation as they are in their native range. Irrigation for the coast live oak trees will only be needed if their root zones are impacted.

At the time of drilling the piers the site arborist shall set up an irrigation plan as part of the mitigation measures if needed although not likely.

Cultural Resources COA EPM-8: Archaeological Resources

1. Prior to issuance of building permits, the applicant shall demonstrate that construction crews have proper training for the discovery, handling, and retention methods for
paleontological, archeological and/or cultural resources found at the project site. Project personnel should not collect cultural resources. Prehistoric resources include: chert, or obsidian flakes, projectile points, mortars and pestles, dark, friable soil containing shell and bone dietary debris, heataffected rock, or human burials. Historic resources include:
stone or adobe foundations or walls, structures and remains with square nails, and refuse deposits or bottle dumps.

2. In the event that paleontological, archaeological, and/or cultural resources are encountered during construction
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activities, all construction activity in the area of the find shall be halted, and the Community Development Director shall be notified; an archaeologist shall examine the find and make appropriate recommendations. A plan for the mitigation of impacts to the resources will be prepared and submitted to the City of Belmont for approval. Additional CEQA review may be required depending upon the evaluation of the find.

EPM-9: Human Remains

1. If any human remains are discovered or recognized in any location on a project site, there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains
until:
o The San Mateo County Coroner/Sheriff has been
informed and has determined that no investigation
of the cause of death is required; and
o If the remains are of Native American origin:
a) The descendants of the deceased
Native Americans have made a
recommendation to the landowner or the
person responsible for the excavation
work, for means of treating or disposing
of, with appropriate dignity, the human
remains and any associated grave
goods as provided in Public Resources
Code Section 5097.98; or
b) The Native American Heritage
Commission was unable to identify a
descendant or the descendant failed to
make a recommendation within 24 hours
after being notified by the commission.

EPM-10: Medium to High Archaeological Sensitivity
The following standard condition of approval is required for all projects in areas with a medium to high archaeological sensitivity:

1. All earthmoving activities for the project shall be monitored by a qualified professional archaeologist who meets the Secretary of the Interior's Standards for Archaeology. A report on the results of the monitoring shall be submitted to the Community Development Department, prior to the
construction of the building foundation.

Geology and Soils COA EPM-11: Geotechnical
Residence (Design Phase)

1. Geotechnical Plan Review Residence - The applicant’s geotechnical engineer shall review the geotechnical aspects of the structural plans and calculations for the new residence and provide a professional certification letter to the City.

2. The applicant’s geotechnical consultant shall review and approve all geotechnical aspects of the project building and 702
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grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for retaining walls and pavement) to ensure that their recommendations have been properly incorporated.
3 Final construction plans for the project on-site drainage system (e.g., cross section through the sump area, and
design details) shall be submitted to the City for review by the City Engineer and Geotechnical Peer Reviewer for the proposed project. These design plans should be submitted with a letter indicating that geotechnical design aspects have been completed to the satisfaction of the Project
Geotechnical Consultant.
4 Final construction plans for project retaining walls should be submitted to the City for review by the City Engineer and Geotechnical Peer Reviewer for the proposed project. These design plans should be submitted with a letter indicating that geotechnical design aspects have been completed to the
satisfaction of the Project Geotechnical Consultant.
5 The project geotechnical consultant shall review the asphalt sections for the project to ensure their recommendations have been properly incorporated. The design plans should be submitted with a letter indicating that geotechnical design aspects have been completed to the satisfaction of the
Project Geotechnical Consultant.

Residence and Road Extension (Construction Phase)

1. The geotechnical engineer shall be retained to observe the geotechnical and foundation aspects of the construction.

Testing and observation, as applicable are required for all grading operations and soils testing, and the engineer shall observe all foundation excavations and confirm that
adequate embedment has been achieved in supporting
materials judged to be competent supporting material as identified by the geotechnical engineer.

2. At the completion of construction, the geotechnical engineer shall provide written confirmation that all grading operations have been conducted in accordance with the project plans, specifications, and the geotechnical engineer’s
recommendations, with supporting data or reference to such data. Confirmation shall be provided in the form of a written report to be submitted to the City prior to granting of final occupancy.

3. At the completion of construction, the geotechnical engineer shall provide written confirmation that all structural
foundations have been completed in accordance with the
geotechnical engineer’s recommendations, and that
foundation support in bearing or supporting materials has been achieved in accordance with the geotechnical
engineer’s recommendations. Confirmation shall be provided in the form of a written letter to be submitted to the City prior to granting of final occupancy.
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Hydrology and
Water Quality
COA EPM-12: Grading Activities

1. Grading shall be performed in accordance with the City Grading Ordinance, Chapter 9 of the City Code. Soil or
other construction materials shall not be stockpiled in the public right-of-way unless an encroachment permit is
obtained from the Department of Public Works. Grading
shall neither be initiated nor continued between November 15 and April 15. Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works. The Stormwater Pollution Prevention Program
Best Management Practices (BMPs) for construction shall be implemented to protect water quality.

EPM-13: Construction-Period BMPs

2. Prior to issuance of Grading or Building Permits, the applicant must submit an erosion and sedimentation
control plan describing Best Management Practices
(BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
a) A site plan showing the property lines, existing and proposed topography, and slopes; areas to be
disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected;
existing and proposed drainage patterns and
structures; watercourses or sensitive areas on-site or
immediately downstream of project; and designated
construction access routes, staging areas and
washout areas.
b) Erosion and sediment controls to be used during
construction, selected as appropriate from the
California Regional Water Quality Control Board, San
Francisco Bay Region Erosion and P.O. Box 791,
Oakland, CA 94604-0791.
c) Methods and procedures to stabilize denuded areas
and install and maintain temporary erosion and
sediment control continuously until permanent erosion
controls have been established.
d) Provision for preventing erosion and trapping
sediment on-site, such as sediment basins or traps,
earthen dikes or berms, fiber rolls, silt fence, check
dams, storm drain inlet protection, soil blankets or
mats, covers for soil stock piles and/or other
measures.
e) Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or
mulched, and types of vegetation proposed.
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f) Provision for diverting on-site runoff around exposed areas and diverting off-site runoff around the project
site (e.g., swales and dikes).
g) Notes, specifications, and/or attachments describing the construction, operation and maintenance of
erosion and sediment control measures, including
inspection frequency; methods and schedule for
grading, excavation, filling clearing of vegetation and storage and disposal of excavated or cleared material;
types of vegetative cover and mulch, including
methods and schedules for planting and fertilization;
and provisions for temporary and permanent irrigation.

3. During grading and building operations, the
owner/applicant shall ensure that applicable Best
Management Practices (BMPs) from the San Mateo
Stormwater Pollution Prevention Program (STOPPP) are
followed to prevent discharge of soil or any construction material into the gutter, stormdrain system or creek.

4. The owner/applicant shall ensure that all construction personnel follow standard BMPs for stormwater quality
protection during construction of project. These includes, but are not limited to, the following:
a) Store, handle, and dispose of construction materials and wastes properly, so as to prevent their contact
with stormwater.
b) Control and prevent the discharge of all potential
pollutants, including solid wastes, paints, concrete,
petroleum products, chemicals, wash water or
sediment, and non- stormwater discharges to storm
drains and watercourses.
c) Use sediment controls, filtration, or settling to remove sediment from dewatering effluent.
d) Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and
treated.
e) Delineate clearing limits, easements, setbacks,
sensitive or critical areas, buffer zones, trees, and
drainage courses with field markers or fencing.
f) Protect adjacent properties and undisturbed areas
from construction impacts using vegetative buffer
strips, sediment barriers or filters, dikes, mulching, or other measures as appropriate.
g) Perform clearing and earth moving activities only
during dry weather (April 15 through November 14).
h) Limit and time applications of pesticides and fertilizers to prevent polluted runoff.
i) Limit construction access routes and stabilize
designated access points.
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j) Do not track dirt or other materials off-site; clean offsite paved areas and sidewalks using dry sweeping methods.

5. If construction is not complete by the start of the wet season (November 15 through April 15), prior to
November 15 the developer shall implement a
winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, disturbed soils through temporary or
permanent seeding, mulching, matting, tarping or other
winterization requirements shall include
inspecting/maintaining/cleaning all soil erosion and
sedimentation controls prior to, during, and immediately after each storm event; stabilizing physical means; rocking unpaved vehicle access to limit dispersion of mud onto
public right-of- way; covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions. As site conditions warrant, the Department of Public Works may direct the developer to
implement additional winterization requirements.

EPM-14: Operational BMPs

1. All plans shall conform to the requirements of the City NPDES Stormwater Discharge Permit and the San Mateo
Stormwater Pollution Prevention Plan (STOPPP). The
project plans shall include permanent storm water quality protection measures. The project plans shall identify Best Management Practices (BMPs) appropriate to the uses to
be conducted on-site to effectively prohibit the discharge of pollutants with storm water run-off. A Maintenance and Operation Agreement shall be prepared by the applicant
incorporating the conditions of this section.

2. The property owner shall install, operate, and maintain all permanent stormwater quality protection measures
included in the approved project plan using qualified
personnel. The property owner/applicant must keep a
maintenance and inspection schedule and record to
ensure that the treatment control measures continue to
operate effectively. Records must be provided to the
Department of Public Works, on an annual basis, on or
before June 30 of each year.

3. A Maintenance Plan for every stormwater treatment
control, and/or Hydro Modification measure or applicable site design measure, inclusive of maintenance and
inspection checklists and Maintenance Inspection Report Forms, shall be submitted to the City for review and
approval prior to issuance of a grading permit. A copy of the final, approved Maintenance Plan(s) shall be made a part of the Maintenance Agreement. A copy of the final, approved Maintenance Plan(s) shall also be on file with the Public Works Department.
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4. The developer shall provide to the first
residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for
hazardous products, proper use and disposal of
hazardous products, and prohibited discharge practices.

5. Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water
Efficient Landscape Ordinance.

6. All landscaping shall be maintained and shall be designed with efficient irrigation systems to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides, and pesticides.

7. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying
violators.

8. The phrase “No Dumping-Drains to Bay” or equal phrase shall be labeled on new storm drain inlets by stenciling, branding, plaque, or casting.

9. All on-site drain facilities must be inspected twice a year and cleaned immediately prior to the rainy season (prior to October 15) and once again during the rainy season.

Results of inspection and cleaning shall be reported to the Department of Public Works on an annual basis on or
before June 30 of each year.

10. Streets and parking lots must be swept immediately prior to and once during the storm season. Records of street
cleaning shall be reported to the Department of Public
Works on an annual basis on or before June 30 of each
year.

11. Trash enclosures and dumpster areas must be covered and protected from roof and surface drainage. Drains
within the trash enclosure will be connected to the sanitary sewer system.

12. No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner
condensate, and floor cleaning wash water) shall be
discharged to the storm drain system, the street or gutter.

13. New buildings such as food service facilities and/or multifamily residential complexes or subdivisions shall provide a roofed and enclosed area for dumpsters and recycling
containers. The area shall be designed to prevent water run-on to the area and runoff from the area and to contain litter and trash, so that it is not dispersed by the wind or runoff during waste removal.

14. Interior level parking garage floor drains, and any other interior floor drains, shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
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15. Swimming pools, hot tubs, spas, and fountains shall have a connection to the sanitary sewer, subject to the local sanitary sewer agency’s authority and standards. This
connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout.

16. Boiler drain lines, roof top equipment with drain lines, and/or equipment for washing and/or steam cleaning
activities shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

17. Roof drains shall drain away from the building and be directed to landscaping or a stormwater treatment
measure.

18. The developer shall provide to the first
residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for
hazardous products, proper use, and disposal of
hazardous products, and prohibited discharge practices.

19. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying
violators.

20. Outdoor storage areas for oils, fuels, solvents, coolants, and other chemicals shall be designed to provide
secondary containment such as berms and roof covers.

Process equipment sited outdoors shall be placed on an
impermeable surface and covered. Property
owners/associations shall implement a regular program of sweeping and litter control at these sites.

21. Fire sprinkler test water shall discharge to onsite vegetated areas, or, alternatively shall be discharged to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

22. Air conditioning condensate shall drain to landscaping, or alternatively may be connected to the sanitary sewer
system, subject to the local sanitary sewer agency’s
authority and standards.

Noise COA EPM-15: Construction Noise

1. Noise Coordinator. Prior to construction activities, the project applicant or contactor shall designate a
“Construction Noise Coordinator” who would be
responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator
shall determine the cause of the complaint and shall
require that reasonable measures warranted to correct the problem be implemented. The telephone number for the
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Construction Noise Coordinator must be conspicuously
posted at the construction site. Prior to construction
activities, the project applicant or contactor shall notify adjacent residents of the construction schedule in writing and provide them with the contact information of the
Construction Noise Coordinator.

2. Notice. The applicant shall notify property owners within 300 feet of the project site two weeks prior to the initiation of construction activities on site. A schedule of
construction activities, contact phone number for the Noise Coordinator, and a copy of the noise control plan shall be included with this notice.

3. Grading & Building Noise. The applicant must ensure that the following preventative and monitoring measures are
enforced during grading and building operations:
a. Limit construction activity to the hours listed in the City Noise Ordinance. (8:00 am to 5:00 pm on weekdays,
10:00 am to 5:00 pm on Saturdays, no construction
activity on Sundays and holidays). Exceptions to
these hours may be approved by the Building Official
though the standard City process.
b. Schedule highest noise-generating activity and
construction activity away from noise- sensitive land
uses.
c. Equip internal combustion engine-driven equipment
with original factory (or equivalent) intake and exhaust mufflers which are maintained in good condition.
d. Prohibit and post signs prohibiting unnecessary idling of internal combustion engines.
e. Locate all stationary noise-generating equipment such as air compressors and portable generators as far as
practicable from noise-sensitive land uses.
f. Utilize “quiet” air compressors and other stationary equipment where feasible and available.

EPM-16: Construction Vibration

4. Neighboring property owners within 300 feet of the project site must be noticed of the construction activities and construction schedule (including estimated dates of
various construction phases) at least two weeks prior to the start of construction.

Transportation COA EPM-17: Construction Traffic

5. Prior to issuance of a building or grading permit, the Applicant shall prepare a construction management plan
(CMP) for review and approval by the Public Works
Department in consultation with the Community
Development Department and Police Department. For
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The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the
Plan. The plan shall include at least the following items:
a) Schedule
A project construction schedule shall be provided that
includes the approximate date and expected time frame
for each stage of construction. At minimum, the schedule shall include:
• Excavation & Shoring (as applicable)
• Below Grade & Foundation Construction
• Above Grade Construction & Framing
• Exterior & Interior Finish Work
• Public Frontage Improvements
• Offsite & Utility Improvements
b) Site & Logistics Plan
Site and logistics plan(s) shall be provided for each phase of project construction. Said plan(s) shall include:
• Location of Construction Fencing & Access
Control for The Site
• Proposed Circulation Pattern, including Access &
Egress, for Each Phase of Construction
• Location of Dewatering Tanks, Construction
Trailer, Temporary Power Pole, & Restrooms
• Erosion & Dust Control Plans
• Security & Lighting Plans
• Location of Construction Staging Areas for
Materials, Equipment, & Vehicles
• Crane Plane (Location, Height, & Radius), as
applicable
• Construction Worker Parking
c) Traffic Control Plan
Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Department of Public Works. Grading, hauling, and
construction delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall
identify the maximum size of construction
equipment/trucks during construction, expected temporary street closure, the use of flag personnel during
construction, and the location of construction worker
parking/car-pooling. Comprehensive traffic control
measures shall be identified, including: any required
detour signage, lane closures, and sidewalk closures. A 24 Hour written notice must be given to the Public Works and Police Departments prior to lane closures. Trained flag persons shall be positioned at both ends of blocked traffic lanes to ensure safe movement of vehicles, and
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pedestrians. The proposed traffic control plan may require review by a traffic engineer, to ensure an adequate
intersection/driveway turning radius would be provided for large vehicles, and/or when other large projects are in construction at the same time.
d) Noticing
The CMP shall include notice to property owners within
300 feet of the project site two weeks prior to grading, and identification of haul route(s) and staging area for the project. The notice shall also include a process for
responding to, and tracking, complaints pertaining to
construction activity, including identification of an on-site complaint manager. 24-hour advance written notice shall also be provided to adjacent property owners, adjacent
businesses, and Public Works and Police Department
personnel prior to all major deliveries, detours, and lane closures.
e) Road Conditions
Documentation of road pavement conditions shall be
provided to the Public Works Department for all routes that will be used by construction vehicles, both before and after project construction. Roads found to have been damaged
by construction vehicles shall be repaired as required by current City pavement restoration standards, or as
otherwise directed by the City Engineer.
f) Response to CMP Conditions
A response shall be provided to CMP conditions from
other City departments, and outside agencies.

EPM-18: Emergency Access

1. Street widening, improvements, and dedications shall be in accordance with City Standards and specifications as
required by the Department of Public Works.

2. Streets, sidewalks and curbs in need of repair within and bordering the project shall be repaired and/or removed and replaced in accordance with the Department of Public Works approved standards. Photographs or video of before
condition are recommended.

EPM-19: Transportation & Park Impact Fees
Park In-Lieu
Prior to issuance of a Building Permit, the applicant shall pay Park In-Lieu Fees in the amount specified in the Belmont Master Revenue Fee Schedule at the time the property owner acquired the property (10/21/15).

Park Impact Fee
Prior to issuance of Building Permit, the applicant shall pay all required Park Improvement Fees as identified in the City’s 711
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adopted Ordinance. The current calculated fee for the project is $13,773 for Single-Family development.

TIF Fees
Prior to issuance of Building Permit, the applicant shall pay all required Transportation Impact Fees (TIF), as identified in the City’s adopted Ordinance. The current calculated fee for the project is $7,387 for Single-Family development.

Utilities and
Service Systems
COA EPM-20: Landscape Plan Approval

1. The applicant shall demonstrate that the final landscape plan has been reviewed and approved by the Mid-Peninsula
Water District (MPWD) and is consistent with MPWD’s Water Efficient Landscape Ordinance (WELO), prior to installation of landscaping. A post installation certification from MPWD is also required prior to final building permit inspection. Contact the MPWD Water Conservation Administrative Specialist at (650) 591-8941 or [email protected] for
more information.

Wildfire COA EPM-21: Standard Fire Hazards

1. A separate application and permit are required for the installation or alteration of any Automatic Fire
Extinguishing System. The application shall be made by
either a Registered Engineer or by the Licensed Fire
Sprinkler Contractor who will be performing the work. This application shall include any Fixed Fire Protection System.

A valid Permit and Approved Plans shall be at the jobsite at all times.

2. Prior to application for a Fire Sprinkler Permit, the applicant shall submit plans to the Mid-Peninsula Water District (MPWD) for their review and approval. Contact
MPWD at 650-591-8941 to coordinate review of the
project.

3. A separate application and permit are required for the installation or alteration of any Fire Alarm, or Water-flow Monitoring System. This application shall include the
interconnection of any Fixed Fire Protection System to an Alarm System where provided. A valid Permit and
Approved Plans shall be at the jobsite at all times.

4. A separate application and permit are required for the installation of any underground fire service lines.

Application shall be made by a Registered Engineer or by either a General Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing the work.

5. Every building, or structure, shall be provided with an address. Numerals shall be located where clearly visible from the street or roadway upon which it fronts.

Residential Structures shall have numerals a minimum of four (4) inches in height with a stroke width (i.e., the 712
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minimum distance between the edges of two numerals)
not less than half inch (0.5) in width. Numerals shall be of contrasting color to their background and illuminated at night. Numerals shall be white in color when located upon glazing.

6. A Knox Key-Lock Box is required to be installed as shown on plans. Please contact Fire Prevention at 650-522-7940 to obtain an application.

7. Fire inspections are available Monday through Friday, 8:00 am to 4:00 pm. Call 650-522-7940 a minimum of 48 hours
in advance to place your inspection request.

8. On plans submitted for a Building Permit, show the
location of all required Smoke Alarms and Carbon
Monoxide Alarms, in accordance with CRC Sections 314 &
315.

9. In accordance with the Municipal/Regional Storm water Permit, no fire sprinkler system drain shall discharge into any Storm Drain System. The system shall discharge to
either a landscape area large enough to contain the
outflow, or to the Sanitary Sewer by means of an indirect connection. Indicate the location of the Fire Sprinkler System drain on plans submitted for a building permit.

EPM-22: Wildfire Zones

1. Buildings on the project site are located in a High or Very High Fire Hazard Severity Zone, requiring design
compliance with California Building Code (CBC) Chapter
7A. This must be identified on the Building Permit plans.

2. Class 2 ignition-resistant construction must be in
accordance with Chapter 7A of the CBC.

3. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks,
must be a minimum of 1-hour fire resistance-rated
construction, heavy timber construction or constructed of approved noncombustible materials or fire retardanttreated wood identified for exterior use and meeting the requirements of Chapter 7A of the California Building
Code.

4. Protection of eaves. Combustible eaves, fascias, and soffits must be enclosed with solid materials with a
minimum thickness of ¾ inch (19 mm). No exposed rafter
tails may be permitted unless constructed of heavy timber materials.

5. Roof covering. Roofs must have at least a Class B roof covering, Class B roof assembly or an approved
noncombustible roof covering. For roof coverings where
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roof decking, the space at the eave ends must be firestopped to preclude entry of flames or embers.

6. Attic ventilation openings, foundation or under-floor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches
(0.0929 m2) each. Such vents shall be covered with
noncombustible corrosion-resistant mesh with openings
not to exceed ¼ inch (6.4 mm) or shall be designed and
approved to prevent flame or ember penetration into the structure. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall
be located at least 10 feet (3048 mm) from property lines.

Under-floor ventilation openings shall be located as close to grade as practical.

7. Buildings or structures shall have all under-floor areas enclosed to the ground, with exterior walls in accordance with 707A.8. Exception: Complete enclosure may be
omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls
are protected as required for exterior 1-hour fireresistance-rated construction or heavy timber construction.

8. Pursuant to Fire Protection District, Ordinance #2016-01, and CFC Section 903, the building must receive a fire
sprinkler system and the plan will be a deferred submittal.

9. Automatic Fire Sprinklers are required. A separate
application and permit are required for the installation or alteration of any Automatic Fire Extinguishing System. The application must be made by either a Registered Engineer or by the Licensed Fire Sprinkler Contractor who will be performing the work.

10. Prior to application for a Fire Sprinkler Permit, the applicant must submit plans to the Mid-Peninsula Water
District (MPWD) for their review and approval. Contact
MPWD at 650- 591-8941 to coordinate review of the
project.

11. A separate application and permit are required for the installation of any underground fire service lines.

Application must be made by a Registered Engineer or by either a General Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing the work.

12. Buildings on the project site are located within a WildlandUrban Interface, (High or Very High Fire Hazard Severity Zone) requiring a Vegetation Management Plan (VMP),
which has been reviewed/approved by the Fire Marshal.

Said VMP must be incorporated into the Building Permit
plans.
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13. The VMP must be installed prior to any combustible
construction on the site.

14. A VMP maintenance plan shall be submitted for review and approval by the Fire Protection District, prior to final building permit inspection. Said plan must include annual or more frequent inspections of work in the interface
environment.

15. Retrofit of Residential Projects - additions representing a 50% increase from the original floor area, and in a High Fire Hazard Zone: Building Permit plans must state how
the existing and new parts of the structure will comply with the Cal Fire Low Cost Retrofit list.

Findings for a CEQA Exemption
Based on the site plans, information provided by the project applicant, and documentation of potential environmental impacts resulting from the proposed project, it has been determined that the project is eligible for a categorical exemption under CEQA Guidelines Section 15303 (a), (d), and (e), New Construction or Conversion of Small Structures, and Section 15332, In-Fill Development Projects.

Class 3 Exemption – New Construction or Conversion of Small Structures Projects falling under the 15303 exemption are considered Class 3 projects. Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in Section 15303 are the maximum allowable on any legal parcel. Of the example project types included under Section 15303, the project would qualify for types (a) and (d):
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
(d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.

Class 3 Projects do not have specific conditions as part of their approval.

The project proposal includes the construction of a single-family home, a road extension to serve said single-family home and provide adequate emergency services access to the site, and the installation of associated landscaping features, including retaining walls, and utilities extensions.

The proposed project would qualify for a Class 3 exemption under items (a) and (d), as it would involve the construction of one single-family residence in a residential zone as shown in Figure 4 Surrounding Parcel Boundaries and Figure 5 Belmont Zoning Designations (15303 (a)); associated water main, sewage, electrical, gas, and storm drain utility extensions of reasonable length (not more than 150 feet) as shown in Figure 7 – Preliminary Utility Plan (15303 (d)); 715
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associated accessory structures including an attached garage, and deck (15303 (e)), and street improvements (i.e., a road extension) designed to serve the residence and comply with the City’s municipal code requirements.

The Project would extend Monte Cresta Drive from its current terminus approximately 50 feet to provide access to the proposed new house and provide a turn-around meeting Fire Department requirements. A roadway extension is required to comply with the design standards of the City’s Hillside Road Standards as specified in the San Juan Hills Area Plan and Belmont City Code Section 7-13. The proposed roadway will meet the minimum length required to serve the residence and comply with the Hillside Road standards. The utilities would be extended from their current terminus in Monte Cresta Drive to the project site, a distance of less than 150 feet.

All utilities would be within the level roadbed until it reaches the project parcel. The extension of the utilities is considered a “reasonable” extension as the utilities would be located in the level roadbed and no environmental impact would occur because of their extension and they are only being extended the distance needed to serve the proposed house.

An evaluation of the exceptions to CEQA Categorical Exemptions as specified in CEQA Guidelines Section 15300.2 Exceptions is provided below starting on page 67. None of the exceptions to CEQA Categorial Exemptions apply to this project. Therefore, the project is eligible for a Class 3 Categorical Exemption.

Class 32 Exemption – In-Fill Development Projects
Projects falling under the Section15332 exemption are considered Class 32 projects. Class 32 projects are characterized as in-fill development meeting the conditions listed below:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

The project would not qualify for a Class 32 exemption if it does not meet all the conditions listed above. The project’s consistency with the Class 32 exemption requirements listed above have been assessed as described below and the project has been found eligible for a Class 32 exemption.

General Plan and Zoning Designation Policies and Regulations (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

General Plan Designation and Policies
The project site’s General Plan land use designation is HROS – Hillside Residential Open Space. The HROS designation applies to lands in the San Juan and Western Hills Area Plan.

The permitted density of the HROS designation is a factor of the slope of the unsubdivided land; as slope increases, the maximum development density and intensity decreases. On subdivided lands, the permitted size of a residence decreases as the slope of the lot increases. 716
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The HROS land use designation allows for the construction of a single-family residence and accessory structures. The project’s proposed single-family dwelling and attached garage is consistent with the allowed uses of the HROS land use designation.

The project’s consistency with applicable General Plan policies is demonstrated in Table 3 below.

Table 3 - Project Consistency with Applicable General Plan Policies Applicable General Plan Policy Project Consistency
Land Use Element
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.

The project would construct a new single-family
residence directly adjacent to an alreadydeveloped neighborhood. The project is consistent with this policy.

Policy 2.3-5 Allow development of single-family
dwellings on existing substandard lots, as defined
in the Zoning Ordinance, if the development
conforms to regulations, includes adequate
roadway access, and adequate public utilities and
services can be provided or extended.

The project would construct a single-family
dwelling on an existing substandard lot. The
project would require approval of a Floor Area
Transfer to allow for the development, as
permitted by the Zoning Ordinance and San Juan
Hills Area Plan. The project would extend Monte
Cresta Drive to provide adequate road access to
the site and improve emergency service vehicle
circulation on Monte Cresta Drive. The site can be
adequately served through connections to existing
utilities infrastructure located in Monte Cresta
Drive. The project is consistent with this policy.

Policy 2.4-1 Promote neighborhood preservation
and enhancement while also facilitating
development of and improvements to dwelling
units in the hillsides, where allowed in the Zoning
Ordinance.

The project would develop a single-family
residence in the San Juan Hills Area of Belmont.

The project would require approval of a Floor Area
Transfer, as allowed by the Zoning Ordinance and
San Juan Hills Area Plan, which would
permanently set aside hillside open space in the
San Juan Hills Area under a conservation
easement. The project is consistent with this
policy.

Policy 2.4-2 Maintain adequate and reasonable
tree protection and removal standards and best
management practices, implemented by the City’s
Tree Ordinance
The project proposes tree removal activities. The
project would comply with the City’s Tree
Ordinance and implement the recommended tree
protection best management practices included in
Table 2. The project is consistent with this policy.

Policy 2.8-1 Enable infill properties to develop with
uses and development intensities supporting a
cohesive development pattern.

The project consists of in-fill development of a
single-family home in an existing single-family
neighborhood in the San Juan Hills Area of
Belmont. The project is consistent with this policy.
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Policy 2.9-2 Require that new development “pays
its way” so as to limit fiscal impacts on the City.

The project would be required to pay applicable
development impact fees as required by the City’s
development review process. The project is
consistent with this policy.

Policy 2.13-1 Ensure that new development is
balanced with preservation of open space and
natural features.

The project proposal includes a Floor Area
Transfer to permanently conserve hillside open
space in the San Juan Hills Area under a
conservation easement. The project is consistent
with this policy.

Policy 2.13-2 Promote compatibility of adjacent
land uses along the interface of different
residential density and non-residential intensity
categories, such as where the Harbor Industrial
Area borders Belmont Village and the Homeview
neighborhood. Special attention should be given
to buffering and transitional methods.

The project proposes a new single-family
residence adjacent to an existing single-family
residence in an existing single-family
neighborhood. The project’s proposed
development is compatible with adjacent land
uses. The project is consistent with this policy.

Policy 2.13-3 Ensure that the scale and character
of new development is appropriate to the setting
and intended use. Promote development that is
scaled and sited to respect the natural terrain, so
that hills, parks, open space, trees, and distant
vistas, rather than buildings, dominate the overall
landscape, while also developing the Belmont
Village PDA and other focus areas for economic
growth as concentrated, urban-scale nodes of
activity.

The proposed two-story single-family residence is
appropriate to the site’s setting and character,
which includes existing one-story and two-story
single-family residences. The new residence and
site features have been designed to consider the
natural terrain of the project site, which is currently steeply sloping and would remain so following
project construction. The new single-family
residence would not interfere with the overall
existing character of the surroundings, which
include existing residences interspersed with open
space, parks, and residential development. The
project is consistent with this policy.

Policy 2.13-4 Minimize light and glare from new
development. See also Policy 5.3-6 in the
Conservation Element.

Project lighting is required to comply with the
City’s lighting standards. The City’s development
review process would ensure light and glare from
the new residence are minimized. The project is
consistent with this policy.

Policy 2.14-4 Ensure that development on
hillsides, where permitted pursuant to regulations
in the Zoning Ordinance, is designed to preserve
or enhance the visual quality of the existing
topography.

The project’s development of a single-family
residence on a substandard lot in the San Juan
Hills Area is allowed with a Floor Area Transfer
approved by the Zoning Administrator. The project
proposal includes the submission of a Floor Area
Transfer proposal. The visual quality of the project
site would be altered with the construction of the
project but new landscaping features would reestablish vegetation on the parcel, and the steep slopes of the existing site would be retained.

Additionally, a Conservation Easement would be
placed on the Floor Area Transfer parcels,
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permanently protecting them from development.

The project is consistent with this policy.

Circulation Element
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.

The project proposes an extension of Monte
Cresta Drive that would end in a cul-de-sac to
provide adequate access to the site. The project
developer would pay for the proposed
improvements to Monte Cresta Drive and would
pay any required fair share development fees, as
included in Table 2. The project is consistent with
this policy.

Policy 3.4-5 Design new roads and improvements
to existing roads to minimize visual and
environmental impacts.

The project’s proposed extension of Monte Cresta
Drive would mirror the existing appearance of
Monte Cresta Drive and would not create a
substantial visual impact. Construction of the
Monte Cresta Drive extension would comply with
the City’s grading, stormwater control, and air
quality protection measures, which are included in
the project as EPMs in Table 2. The project is
consistent with this policy.

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. In such cases,
adequate roadway shoulders, or alternative trails
and pathways shall be provided to ensure the
safety of pedestrians and cyclists.

The project proposal includes the construction of
new public sidewalks along the lot frontage on
Monte Cresta Drive and the proposed cul-de-sac
at the terminus of Monte Cresta Drive. The project
is consistent with this policy.

Policy 3.5-15 Ensure that new development
projects provide bicycle and pedestrian
improvements to facilitate the implementation of
adopted Safe Routes to School plans.

The project includes new public sidewalks on
Monte Cresta Drive. The project is consistent with
this policy.

Parks, Recreation, and Open Space Element
Policy 4.1-3 Ensure that all development projects
comply with the City’s parkland dedication
requirements, in accordance with the Quimby Act,
to provide adequate land for parks, open space,
landscaping, and trails in appropriate locations
through the dedication of land or otherwise
providing for mini parks, planned trails, and other
recreational space.

The project is not required to dedicate land or
otherwise provide for mini parks, planned trails,
and other recreational space per the City’s
parkland dedication requirements. The project is
required to pay a park in-lieu fee. In addition, the
project proposal includes a Floor Area Transfer
that would preserve some hillside open space
area under a conservation easement. The project
is consistent with this policy.

Policy 4.4-3 Consistent with the San Juan Hills
and Western Hills area plans, cluster development
in the hillside areas of western Belmont in order to
The proposed single-family dwelling would be
located adjacent to an existing single-family home
within an existing single-family neighborhood in
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maintain contiguous habitat areas, minimize
grading, and limit exposure to steep slopes and
other sensitive areas. See also policies in the
Land Use Element.
the San Juan Hills Area. The project is consistent
with this policy.

Policy 4.5-4 Seek to preserve the existing open
space areas in the San Juan Hills and Western
Hills, consistent with the Area Plans, especially on
steep hillsides and sensitive habitat areas.

The project includes a Floor Area Transfer that
would permanently preserve nearby hillside open
space under a conservation easement. The
project is consistent with this policy.

Policy 4.7-1 Ensure that residential and
nonresidential development projects contribute to
the City’s park, recreation, and open space
resources commensurate with their impacts,
through the Quimby Act and establishment and
collection of park impact fees.

Conservation Element
Policy 5.1-3 Reduce risk of wildland fire,
ecological succession, and pathogen threats
(such as Sudden Oak Death) through active
maintenance of public spaces and education and
enforcement of development standards on private
property.

The property owner currently conducts vegetation
management activities on the subject lot and the
two lots that would be placed under conservation
easement. The property owner would continue
said vegetation management activities after
project implementation per the restricted covenant
that would be recorded on the two “sending” lots
and the City’s development standards for
development located in wildfire zones. The project
is consistent with this policy.

Policy 5.2-1 Encourage the retention of areas that
are hazardous to public safety and welfare as
undeveloped open space, including steep hillsides
unsuitable for development as identified in area
plans and other detailed geotechnical studies;
hydrological areas of concern; areas of geological
instability; and appropriate setback areas on
either side of known active fault traces. See also
discussion and policies in the Safety Element.

The project would construct a new residence on a
steep hillside on an undeveloped lot; however, the
site has been demonstrated to be suitable for
development per the project’s geotechnical
reports. Project design and construction would
comply with all geotechnical recommendations
contained within the project geotechnical reports
to ensure public safety hazards associated with
the new residence are minimized or avoided. The
project is consistent with this policy.

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.

The project would not disturb sensitive habitat as
the project site does not contain any sensitive
habitat per the project biological resources
assessment. The project would implement EPMs
during project construction (see Table 2) to
ensure potential impacts to special-status wildlife
species are less than significant. The project is
consistent with this policy.
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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.

The project has been designed according to the
project geotechnical investigation, which
considered site soils. The project would
implement best management practices during
construction to protect trees and special-status
species (see Table 2). The project is consistent
with this policy.

Policy 5.3-6 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 minimum amount of outdoor lighting
necessary for safety and security.

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.

The majority of new trees, shrubs, and
groundcover installed by the project would be
California native species. The project is consistent
with this policy.

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.

The majority of new trees, shrubs, and
groundcover installed by the project would be
California native species. All new plantings would
be low water use species. The project is
consistent with this policy.

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.

The project includes BMPs to reduce project
increases in pollutant loads in accordance with
City requirements and NPDES permit guidelines
(see Table 2). The project proposal includes a
stormwater capture system that would help control
stormwater runoff onsite. The project is consistent
with this policy.

Policy 5.5-4 Ensure that the design and
construction of new infrastructure elements does
not contribute to stream bank or hillside erosion or
creek or wetland siltation, and incorporates site
design and source control BMPs, construction
phase BMPs, and treatment control BMPs to
minimize impacts to water quality.

The design and construction of the project’s new
infrastructure elements, including the Monte
Cresta Drive road extension and new utilities
infrastructure, would not contribute to stream bank
erosion or wetland siltation because no such
features exist in the project vicinity, and would not
contribute to hillside erosion due to the
incorporated site design and source control
BMPs, construction phase BMPs, and treatment
control BMPs included in Table 2. The project is
consistent with this policy.

Policy 5.6-4 Set appropriate conditions of
approval for each new development proposal to
ensure that the necessary water supply facilities
The project is required to comply with the
conditions of approval included in Table 2. These
conditions of approval include water supply and
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and water resources are in place prior to
occupancy.
water resources conditions. The project is
consistent with this policy.

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 nonpotable uses.

The project incorporates site design measures
including the preservation of some existing onsite
permeable space, which would facilitate
groundwater recharge, and an on-site stormwater
capture and detention system. Specific proposed
design measures include canopy trees and shrubs
and stormwater infrastructure (e.g., storm drain
lines, a trench drain, and a separate sub-drain
system consisting of retaining wall subdrains, a
sump pit and pump, and a force main) to capture
and convey onsite stormwater to the City’s
stormwater drainage system. The project is
consistent with this policy.

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.

The project would implement the construction
phase air quality protection measures included in
Table 2. The project is consistent with this policy.

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.

The project would implement the cultural
resources conditions of approval included in Table
2, which are intended to protect archaeological
resources and human remains in the event of
accidental discovery. Project compliance with
cultural resources conditions of approval would
result in less than significant cultural resources
impacts. The project is consistent with this policy.

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
The project would implement the cultural
resources conditions of approval included in Table
2, which are intended to protect archaeological
resources and human remains in the event of
accidental discovery and include construction
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altered or collected until evaluation by a qualified
professional is completed.
phase resource impact avoidance and
minimization measures. Project compliance with
cultural resources conditions of approval would
result in less than significant cultural resources
impacts. The project is consistent with this policy.

Safety Element
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.

The proposed single-family residence would meet
current safety codes, including the California
Building Code (2022), and requirements
associated with seismic activity per the City’s
development review process. The proposed
residence was sited and designed according to
the geotechnical investigation that was prepared
for the project. The project’s implementation of the
recommendations contained within the
geotechnical investigation would minimize the risk
of loss of life and injury in the event of a major
earthquake or other natural disaster. The project
is consistent with this policy.

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.

The project site has steep slopes and may pose
hazards due to erosion and landslide potential.

The project would implement the
recommendations contained within the project
geotechnical investigation to reduce the potential
impacts of these hazards. Further, the project
must comply with the City’s building standards for
development in areas that may be subject to
geological hazards to receive a use permit and
building permit(s). The project is consistent with
this policy.

Policy 6.1-3 Prohibit development in areas at risk
of landslides or high or very high liquefaction as
shown in Figure 6-1, or on slopes steeper than 30
percent, unless detailed site investigations by
licensed engineers ensure that risks do not exist,
or can be reduced to acceptable levels and the
structure will be protected for its expected life.

The project site has average slopes of 48.7%. A
geotechnical investigation was prepared by
licensed engineers to assess the potential
geological and seismic hazards present onsite
and recommend measures to reduce associated
risks to acceptable levels. The project is
consistent with this policy.

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.

A geotechnical investigation was prepared for the
proposed development. The project is consistent
with this policy.

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 project geotechnical investigation identifies
the geologic hazards that affect the project site,
recommendations to be incorporated into the
project design, and a statement of the site’s
suitability for the proposed development. The
project geotechnical investigation determined the
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Applicable General Plan Policy Project Consistency
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.
project site is suitable for the proposed residence,
driveway deck, and fire truck turnaround, provided
the recommendations presented in the
geotechnical investigation are followed during
design and construction. The geotechnical
investigation was prepared by a licensed
Registered Geologist and Registered Professional
Geotechnical Engineer. The project is consistent
with this policy.

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.

The project geotechnical investigation studied the
site’s soils for expansive properties and erosion,
seismic, and other geotechnical hazards. The
geotechnical investigation provided
recommendations to be followed during project
design and construction. The project must
implement the geotechnical investigation’s
recommendations per the City’s standard COAs.

The project is consistent with this policy.

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.

The geotechnical investigation’s
recommendations for project design and
construction would not adversely affect
surrounding property, or public health, safety, and
welfare. The project is consistent with this policy.

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.

The project’s geotechnical investigation was
prepared prior to the preparation of the project
civil and design plans. The project is consistent
with this policy.

Policy 6.2-10 Continue to comply with the
Municipal Regional Stormwater Permit
requirements for municipal authorities to address
water quality and flow-related impacts of
stormwater runoff; continue to enforce NPDES
permits in Belmont; and continue to participate in
the San Mateo Countywide Water Pollution
Prevention Program.

Policy 6.2-11 Comply with Section 402(p) of the
federal Clean Water Act, as amended by the
Water Quality Act of 1987, which requires NPDES
permits for stormwater discharges from municipal
storm sewer systems, stormwater discharges
associated with industrial activity (including
construction activities), and designated
stormwater discharges.

The project is required to comply with the
requirements of the City’s NPDES permit and the
San Mateo Countywide Water Pollution
Prevention Program per the City’s standard COAs
for water quality protection. These standard COAs
are included as project EPMs in Table 2. The
project is consistent with this policy.
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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.

The project proposes to underground all new
utility lines. The project is consistent with this
policy.

Policy 6.5-5 Require all new development to be
connected to the City’s sewer system.

The project would connect to the City’s sewer
system. The project is consistent with this policy.

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.

The project proposes to construct a fire truck
turnaround at the terminus of Monte Cresta Drive
to provide access to the project site and improve
emergency services access on Monte Cresta
Drive. The proposed residence would be fully
outfitted with a residential fire sprinkler system in
accordance with the National Fire Protection
Association (NFPA) 13D and State and local
requirements. The project’s development proposal
was reviewed by the City and the San Mateo
Consolidated Fire Department. The project is
consistent with this policy.

Policy 6.6-4 Continue the Belmont Fire Protection
District’s participation in plan review of new
buildings in potentially fire-prone areas.

The project design and application materials were
reviewed by the San Mateo Consolidated Fire
Department. The project is consistent with this
policy.

Policy 6.6-10 Continue to require development
located within the Wildland Urban Interface (WUI)
to follow the code requirements in Chapter 7A of
the California Building Code, and require buildings
to be constructed of ignition-resistant materials
and methods.

The project site is located within the WUI. The
project would follow the code requirements in
Chapter 7A of the California Building Code, as
required by the City’s standard COAs for
development in wildfire zones. The City’s standard
COAs for development in wildfire zones are
included in Table 2 as project EPMs. The project
is consistent with this policy.

Noise Element
Policy 7.1-10 Require developers of new
development anticipated to generate a substantial
amount of vibration during construction to
implement mitigation practices to reduce vibration,
which can include: operating heavy equipment as
far as practical from residential uses; using
smaller bulldozers (operating weight less than
20,000 pounds) when grading must occur within
approximately 50 feet of residential uses or other
vibration sensitive uses; and using quiet pile
driving technology when feasible.

The project is required to comply with conditions
of approval intended to reduce potential
groundborne vibrations that may be generated by
project construction activities. These conditions of
approval are included in Table 2. The project is
consistent with this policy.

The project is consistent with all applicable General Plan policies as demonstrated in Table 3. 725
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San Juan Hills Area Plan
The San Juan Hills Area Plan establishes policies specific to activities and development occurring in the San Juan Hills Area in which the project site is located. The San Juan Hills Area Plan serves as an amendment to the Belmont General Plan. The project’s consistency with applicable San Juan Hills Area Plan policies is demonstrated in Table 4 below.

Table 4 - Project Consistency with Applicable San Juan Hills Area Plan Policies Applicable Policy Project Consistency
Required Geotechnical Investigations.

Require the following geotechnical reports to
accompany applications for development and
assessment districts:
a. on slopes steeper than 10%, soil and
foundation engineering investigation by a
registered civil engineer.
b. on lands shown in Figure 4, except those stable
areas categorized as Sbr or sun, engineering
geologic investigation by a certified engineering
geologist. The investigation shall evaluate the
natural slope conditions and provide
recommendations for mitigating and/or correcting
any unstable conditions that will assure the safety
of the proposed development: (1) The City will
develop standards for these reports; (2) The
results of these investigations will be reviewed
and approved by a Geologist hired by the City; (3)
The recommendations for mitigation and/or
correction will become conditions of the
application.

The project Applicant has submitted a
geotechnical investigation to the City, including a
foundation engineering investigation prepared by
a registered civil engineer. The project
geotechnical investigation has been reviewed and
approved by a Geologist hired by the City and the
recommendations contained within the
geotechnical investigation will be implemented by
the project as conditions of approval, as shown in
Table 2. The project is consistent with this policy.

Mitigate Geologic Hazards Posing a Moderate
Hazard to Residential Development.

Require mitigation of geologic hazards prior to
development of residences and other structures in
areas where there are moderate geologic hazards
for residential development, that is areas
categorized as Sex, Sff, Pfs, Ps, Pd and Ms (See
Figure 4).

The proposed residence would be located in an
area with Pfs and Ps soils. The project’s
geotechnical investigation includes
recommendations to reduce the potential impacts
of geologic hazards on the residence and as a
result of construction of the residence. The project
is required to implement the geotechnical
investigation’s recommendations according to the
City’s development review process. The project is
consistent with this policy.

Mitigate Geologic Hazards Posing a Moderate
Hazard to Road Development.

Require mitigation of geologic hazards prior to
development of roads in areas where there are
moderate geologic hazards for road development,
that is, areas categorized as Sff, Pfs, Ps, Pd, Ms
and Pdf (See Figure 4).

The proposed road extension would be located in
an area with Ps soils. The project’s geotechnical
investigation includes recommendations to reduce
the potential impacts of geologic hazards on the
proposed road extension. The project is required
to implement the geotechnical investigation’s
recommendations according to the City’s
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development review process. The project is
consistent with this policy.

Relate Land Use to Slope Characteristics.

Ensure that the density (units per acre) and
intensity (size of each unit) of residential use is
related to the slope characteristics of parcels in
the San Juan hills in order to assure safe
development and minimize risk of injury and
property damage. Allow fewer and smaller units
on parcels as the steepness of the lots increases.

The project proposes one single-family dwelling
unit on a lot with an average slope of 48.7%. The
project site would be allowed to accommodate the
intensity (size) of the proposed dwelling with
approval of a Floor Area Transfer, as allowed by
the San Juan Hills Area Plan. The design and
construction of the new residence would be
compliant with all applicable local, State, and
federal (if any) requirements to assure safe
development. The project is consistent with this
policy.

Protect Vegetation.

Ensure that development will:
a. minimize the removal of vegetation,
b. protect and restore vegetation which
stabilizes soils and reduces surface water
runoff erosion and sedimentation,
c. protect historic and scenic trees, and
d. provide revegetation of all significant tree
cover.
e. promote the use of native trees and plants
in new landscaping.

The project would only remove vegetation that is
located within the proposed building footprint. The
project proposes the revegetation of portions of
the project site with a combination of California
native and non-native trees, shrubs, and
groundcover. The project proposes the removal of
one tree, a Coast live oak; however, this tree is in
poor condition and recommended for removal by
the project arborist report. The project would
obtain a City tree removal permit for removal of
the Coast live oak tree. The project would plant 29
new California native tree species onsite,
including Coast live oak trees. The project is
consistent with this policy.

Protect Wildlife Habitat.

Protect wildlife habitat by siting and designing new
development to maintain portions of existing
habitats in undeveloped areas.

According to the project biological resources
assessment, the project site does not contain
sensitive wildlife habitat. Regardless, the project
would implement AMMs (see Table 2) to protect
wildlife that may be impacted by project
construction activities. Further, the project
proposal includes the protection of two nearby
parcels, which may contain wildlife habitat, as
undeveloped open space via a conservation
easement. The project is consistent with this
policy.

Restrict Winter Construction.

Restrict earthmoving operations during the winter
to minimize erosion and slope destabilization.

The project would comply with the City’s Grading
Ordinance requirements for the timing of grading
activities, which restrict grading to outside the
winter rain period (between November 15 and
April 15), except under special circumstances.

The project is consistent with this policy.

Protect Public Views.
a. Site and design new development and
landscaping to protect public views, particularly
The project site is not located along Ralston
Avenue, Laurel Creek Canyon, Sugarloaf
Mountain, or the San Francisco Bay shoreline.

The project site currently does not afford views of
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from Ralston Avenue to Laurel Creek Canyon,
Sugarloaf and San Francisco Bay.
b. Site and design structures to maximize public
view preservation.

Laurel Creek or San Francisco Bay. Sugarloaf
Mountain may be visible from portions of the
project site; however, the project site is currently a
private, undeveloped lot that does not provide
public access. The proposed residence would
obscure some public views of homes and
vegetation on the nearby ridgeline to the
southwest; however, the nearby ridgeline is not
designated as a scenic resource and public views
of the surroundings would still be maintained on
Monte Cresta Drive from parts of the proposed
cul-de-sac. The project is consistent with this
policy.

Encourage Clustered Development.

Cluster development wherever possible on the
most developable portion of an area, leaving the
maximum portion of the site in its natural state.

The project’s proposed residence would be
located in the northern portion of the subject lot
just off Monte Cresta Drive, leaving the southern
portion of the lot undeveloped. The project is
consistent with this policy.

Protect Sugarloaf Mountain as Open Space.
a. Create an open space buffer between
development on vacant parcels in the San Juan
Hills and Sugarloaf Mountain.
b. Cooperate with the City of San Mateo in efforts
to protect and provide open space on and
adjacent to Sugarloaf Mountain.

The project proposes placing two undeveloped
lots in between Monte Cresta Drive and Sugar
Loaf Mountain under a conservation easement,
preserving the lots as undeveloped open space.

The lot proposed for development is located
adjacent to existing residences along Monte
Cresta Drive, thereby preserving other
undeveloped lots close to Sugar Loaf Mountain as
an open space buffer. The project is consistent
with this policy.

Private Open Space.

Assist private landowners in finding ways for them
to manage and permanently preserve private
open space.

The project proposes a Floor Area Transfer to
transfer the development potential of two open
space lots to the subject lot. The two “sending”
lots would be preserved as undeveloped open
space under a conservation easement. The
project is consistent with this policy.

Control House Size in Low Density Residential
Areas.

Protect the character of residential neighborhoods
by insuring that house sizes are visually
compatible with the size and slope of the lot on
which they are located and the size of the majority
of existing houses around them.

The proposed residence is a two-story 3,299.38-
square-foot building that is visually compatible
with surrounding existing homes, which consist of
a mix of one-story, two-story, and larger homes of
similar size. The project is consistent with this
policy.

Permitted Land Uses in Hillside Residential and
Open Space Areas.
a. Permit single family detached dwelling units.

Permit clustered development of detached single
family homes to preserve open space.

The project consists of the development of a
single family detached dwelling unit and attached
garage located adjacent to existing single-family
homes. The project’s proposed Floor Area
Transfer would preserve undeveloped open space
on several nearby lots under a conservation
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b. Permit uses which are normally accessory to
residential uses and, under appropriate controls,
institutions and public facilities such as churches
and schools.
c. Permit public and private recreational uses.
easement. The project is consistent with this
policy.

Control the Size and Limit the Number of Houses
in Vacant Subdivided Areas in the Hillside
Residential and Open Space Area.
a. Establish regulations to govern the permitted
size of residences in the vacant subdivided areas
shown on Figure 5. These regulations will limit the
size of the permitted residence based on the size,
slope, and location of the lot. The intent of these
regulations is to ensure that new houses are not
too large for the slope and size of their lot, to limit the number of houses in vacant subdivided areas
and to facilitate the recombination of small, vacant
lots in order to assure safe development and
minimize risk of injury and property damage.
b. These regulations shall establish a minimum
and maximum house size. They shall be designed
so that, as much as possible, houses constructed
are large enough to be visually compatible with
existing residences, but limited in size so that their
visual, natural resource and safety impacts are
minimized.
c. These regulations may be more restrictive for
lots which have a critical geologic hazard for
residential development, namely they are
predominantly characterized as Pdf or Md on
Figure 4. The intent of making regulations more
restrictive for these lots would be to discourage
the development of unsafe houses, and to
encourage owners to transfer their permitted
development potential to owners of lots in areas
that are more geologically stable.

The design of the proposed residence complies
with the design standards for the subject lot’s
Zoning district, HRO-2 (Hillside Residential Open
Space - subdivided), as demonstrated in Table 5
– Project Consistency with Applicable Zoning
Regulations. The project’s compliance with the
Zoning Regulations will be achieved partly
through the approval of a Floor Area Transfer,
which would allow the proposed residence to
exceed the maximum floor area limits for the
project site. The Floor Area Transfer would
transfer the development potential of two nearby
lots to the subject lot, thereby removing the
potential for the two “sending” lots to be
developed and facilitating the development of the
project site. The resulting residence would be
visually compatible with existing residences in the
vicinity. The project site does not contain any soils
that would present a critical geological hazard for
residential development (i.e., Pdf or Md soils). The
project is consistent with this policy.

Density Transfer in Vacant, Subdivided Area.
a. Allow property owners to voluntarily transfer the
development potential they are permitted by the
regulations proposed in Policy 8 along the
roadway on which they are located. This transfer
is permitted in order to permit the construction of
houses on lots close to existing roads and
eliminate development potential on lots in areas
with the most critical geologic hazards and
farthest from existing roads.
b. The City shall establish regulations permitting
landowners sell the development potential
The project proposes a Floor Area Transfer to
transfer the development potential of two
subdivided lots located near but not adjacent to
Monte Cresta Drive. The two lots in question are
located farther from Monte Cresta Drive compared
to the subject lot and contain more geologically
unstable soils compared to the subject lot,
according to the San Juan Hills Area Plan. The
development potential of these two “sending” lots
would be transferred to the “receiving” lot, the
project site, which is located adjacent to Monte
Cresta Drive. The Floor Area Transfer would
result in the establishment of a conservation
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permitted them by the regulations implementing
Policy 8 to owners along the same roadway.

Landowners who elect to sell all of their
development potential shall be restricted to
permanent open space. Adequate and permanent
arrangements for the long-term ownership,
management and maintenance of these sending
parcels shall be required.
c. Regulations shall be developed to provide
incentive to landowners who purchase the
development potential. These incentives may
include reduced minimum lot sizes, increases in
the sizes of houses, or density bonuses.
easement on the two “sending” lots, which would
eliminate development potential of the two
“sending” lots. The project is consistent with this
policy.

Design of Structures.

Ensure that structures are designed to:
a. conform to the topography of their site,
b. be visually compatible in size and scale with
their building site and the predominant character
of existing development in the community.

Control Building Height.
a. Ensure that the permitted height of structures
reflects lot slope and restricts the overall bulk of
structures in hillside locations.
b. Control the design of structures so that large
vertical surfaces and roof surfaces are broken up
and terracing of homes in hillside areas is
encouraged.

The proposed residence is consistent with the
site’s allowed building height (i.e., 28 feet)
according to the City’s Zoning Regulations, and is
similar in height to the surrounding residences.

The proposed residence has a terraced façade.

The project is consistent with this policy.

Financing of Improvements.

Ensure that the installation of water and sewer
utilities to serve the development of private
property will be financed by the benefitting
property owners. Such improvements include, but
are not limited to: water main extensions,
individual supply lines, fire hydrants, new sewage
collection lines and PWBP stations.

The project’s utility infrastructure improvements
will be financed by the property owner according
to City requirements. The project is consistent
with this policy.

Required Storm Drainage Investigations for New
Development.

Require that applications for new land
subdivisions and other development impacting
storm drainage include information on the impact
of this development on storm drainage and
actions that can be taken to ensure that negative
storm drainage impacts are mitigated.

The project proposal includes a Storm Drain
Impact Study that evaluated the impact of the
proposed residence on stormwater drainage. The
Storm Drain Impact Study determined the project
would not have a significant impact on existing
stormwater drainage infrastructure on Monte
Cresta Drive and Barclay Way. The project
includes site stormwater drainage improvements,
including storm drain lines, a trench drain, and a
separate sub-drain system consisting of retaining
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wall subdrains, a sump pit and pump, and a force
main that would connect to a curb-thru drain on
Monte Cresta Drive. The project is consistent with
this policy.

Regulation of Development to Minimize Storm
Drainage Problems.
a. Prohibit development on creeks or storm
drainage swales.
b. Require improvements to ensure that storm
water is directed around structures and into a
storm drainage system.

The project does not propose development on a
creek or storm drainage swale. The project
proposal includes storm drain lines, a trench
drain, and a separate sub-drain system consisting
of retaining wall subdrains, a sump pit and pump,
and a force main that would connect to a curb-thru
drain on Monte Cresta Drive. The project is
consistent with this policy.

Financing of Storm Drainage Improvements.

Ensure that the cost of storm drainage
improvements to serve new development is
financed by the benefitting property owners.

The project’s storm drainage improvements will be
financed by the property owner according to City
requirements. The project is consistent with this
policy.

Prohibit the Extension of Roads into Areas with
Moving Deep Landslides.

Prohibit the construction of roads in areas of
deep, moving landslides (MD - see Figure 4).

Require the removal of such hazards prior to the
extension of roads, consistent with Table 6.

The project proposes a road extension in an area
with Ps soils. The project is consistent with this
policy.

Mitigate Moderate Geologic Hazards Prior to
Road Improvement.

Implement appropriate mitigation, as
recommended by the geotechnical investigation,
for each application to improve and extend roads
into areas of moderate geologic hazards. These
are areas categorized as Sex, Sff Pfs, Ps, Pd, Pdf
and Ms (See Figure 4).

The project proposes a road extension in an area
with Ps soils. The proposed road extension was
included in the project geotechnical investigation.

The project would implement any measures
required by the geotechnical investigation to
remove or minimize hazards that may be
associated with underlying soils as required
through the City’s development review process.

The project is consistent with this policy.

Minimize Road Improvements to Protect
Resources.

Minimize the improvement of existing unimproved
roads and the development of new roads were:
(a) there are steep slopes, and substantial grading
would be required; (b) stands of existing trees or
other major vegetation resources would be
remove; or (c) existing creeks and riparian
corridors would be affected.

The proposed road extension would create a culde-sac at the terminus of Monte Cresta Drive. The proposed improvements would occur over
relatively flat land at the top of a hillside at grade
with the existing Monte Cresta Drive alignment.

The proposed extension would not occur on a
steep slope, would not require extensive grading,
would not remove major vegetation resources,
and would not affect existing creeks or riparian
corridors. The project is consistent with this policy.

Require Overall Road Improvement Plans and
Financing Prior to Granting any Building Permits
on Unimproved Roads.

The project is required to comply with the City’s
development review process.

The applicant has proposed option B as noted in
the policy.
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Require property owner(s) to resolve the design
and financing of road improvements along the
entire unimproved road on which their property is
located prior to receiving a building permit for a
new structure or enlargement of an existing
structure. This requirement is established in order
to assure safe access for emergency vehicles and
the construction of safe roads and adequate storm
drainage improvements. This requirement can be
accomplished in either of the following ways:
a. the property owner{s) submit and the City
approves a plan for improving the entire roadway
which includes: (1) a design for the physical
improvement of the entire road to provide safe, all
weather access prior to building construction; (2)
evidence that the road is geologically safe and
does not pass through moving deep landslides
(Md - see Figure 4); (3) a method and timetable
for financing proposed road improvements; and
(4) a method and financing for road maintenance,
if the road is to be maintained as a private road.
b. The property owners submit and the City
approves a plan for improving a section of the
roadway between an existing paved road and an
area where physical constraints make further road
extensions infeasible or undesirable. Examples of
these constraints are extremely steep slopes and
areas categorized on Figure 4 as moving deep
landslides (Md). This plan shall include: (1) a
design for the physical improvement of the
proposed road section to provide safe, all weather
access prior to building construction; (2)
demonstration that the road section will be
geologically safe; (3) a method and timetable for
financing proposed road improvements; (4) a
method and financing for maintenance of the
road, if the road is to be maintained as a private
road; (5) a plan for the access for properties
located along the rest of the roadway which will
not be served by the proposed roadway section;
and (6) evidence of participation and support for
the proposed plan by affected landowners.
c. Funding for public roads can be by district,
reimbursement agreement or other mechanism.

The applicant has provided the proposed plans and
financing mechanisms for the Monte Cresta Drive
Road improvement plan.

According to the applicant’s geotechnical engineer,
with confirmation by the City’s consulting
geotechnical engineer through peer reviews, the
proposed roadway extension is geotechnically
feasible with utilization of appropriate geotechnical
design criteria.

The applicant intends to self-finance the design,
permitting, inspection and construction of the
roadway and enter into reimbursement
agreements with the other property owners gaining
access to their properties from the road segment.

At this time, copies of the reimbursement
agreement have not been submitted for review and
adequacy cannot be determined. Reimbursement
agreements are not required for consistency with
this policy.

The applicant, with private financing, would fund
all upfront costs associated with construction. The
adjoining property owners will be responsible to
maintain the improved road until such time as the
city council formally accepts the road into the city
street system. (Streets & Highways Code Section
1806).

The proposed road extension will not block
access or any future extensions of the roadway. A
conceptual plan to access properties along the
remainder of unimproved Monte Cresta was
submitted with the project application. Such
access, however, may not be feasible or
undesirable due to geological constraints.

There is a sixth provision in the policy that has
been deemed unenforceable by the City; a
requirement that the applicant provide the City
with evidence of support by the affected
landowners.

The project is consistent with this policy.

Encourage and Assist Property Owners of Vacant
Subdivided Property in Developing Alternative
Access Plans.

Encourage and assist owners of vacant
subdivided property on unimproved roads in
working together to develop plans described in
The project site is a vacant subdivided property
located at the terminus of Monte Cresta Drive.

The project proposal includes the construction of
a cul-de-sac at the terminus of Monte Cresta
Drive to provide access to the proposed singlefamily residence and to improve emergency service vehicle access to homes and properties
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Applicable Policy Project Consistency
Policy 10.b for cul-de-sac roads to avoid road
development on steep slopes and in geologically
hazardous areas, while assuring that the basic
access rights of all abutting property owners are
respected.
along Monte Cresta Drive. The proposed road
extension would not occur on a steep slope or in a
geological hazardous area, and the access rights
of abutting property owners to their properties
would be maintained. The project is consistent
with this policy.

Require that New Development Finance Road
Improvements.

Require that applicants for new development
benefitting from road extension and road
improvement finance the cost of such
improvements, including but not limited to road
design, drainage, mitigation or elimination of
geologic hazards, and construction.

The project Applicant (i.e., the property owner)
would finance the cost of the proposed extension
of Monte Cresta Drive as required by the City of
Belmont. The project is consistent with this policy.

Requiring Undergrounding of Utilities.

Require that all new utility lines and extensions of
utility lines be placed underground.

The project proposes installation of new water
supply, sanitary sewer, stormwater drainage,
natural gas, and electrical laterals/lines. All new
utility lines would be placed underground. The
project would be consistent with this policy.

The project is consistent with all applicable San Juan Hills Area Plan policies as demonstrated in Table 4.

Zoning District and Regulations
The project site’s zoning district is HRO-2 (Hillside Residential Open Space - subdivided).

Single-family residences and single-family residence accessory structures (e.g., garages and carports) are permitted uses in the HRO-2 zoning district. The project proposal’s compliance with applicable zoning regulations for the HRO-2 zoning district is demonstrated in Table 5 below.

Table 5 - Project Consistency with Applicable HRO-2 Zoning Regulations Applicable Zoning Ordinance
Section
Zoning Regulation Text Project Consistency
Lot Dimension Standards (§4.7.4) (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.
(a) The minimum average lot width
of the subject lot exceeds 60 feet.
(b) The subject lot’s frontage
exceeds 40 feet.
(c) This standard is not applicable
because the subject lot is not
located in the HRO-3 zone.
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Applicable Zoning Ordinance
Section
Zoning Regulation Text Project Consistency
Yard Area Requirements (§4.7.5) (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:
(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.
(a) The project proposes a front
yard setback of 18'-3 7/8”, which
exceeds 15 feet. The project
proposes a rear yard setback of
50'-9 1/4", which exceeds 15 feet.

The project proposes side yard
setbacks of 7'-2 5/8" (left) and 7'-8
3/4" (right), which exceed 7 feet.

The project as proposed complies
this standard.
(b) (1) The project proposes an
18'-10 3/4" front yard setback from
the attached garage to the
proposed property line. (2) The
project proposes a 7’ setback from
the attached garage to the left
yard property line and a right yard
setback that exceeds 7’. (3) The
project site is not a reversed
corner lot. This standard is not
applicable. (4) The project does
not propose any detached
accessory buildings. This standard
is not applicable.

The project complies with this
standard.
(c) The attached garage would
occupy 561.59 sq. ft., which
would not occupy more than
30% of any required yard area.

The project complies with this
standard.
(d)The project proposes a singlefamily residence in the HRO-2 zone. This standard is not
applicable.

Building Height (§4.7.6) 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.

The proposed residence would be
28 feet in height. The project
complies with this standard.

Off Street Parking (§4.7.7) Off-street automobile parking spaces shall be provided in
The required parking spaces for
new single-family dwellings, per
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Applicable Zoning Ordinance
Section
Zoning Regulation Text Project Consistency
accordance with the
provisions of Section 8 and
24, as applicable.
§8.4.1(a)(1), is four spaces total,
two of which must be in a garage.

The project proposes four parking
spaces, two of which would be
located in an attached garage.

The project complies with this
standard.

Fences, Walls, and Hedges
(Section 4.7.8)
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.

The project does not propose
hedges. The project proposes
relocating a fence that is currently
located at the terminus of Monte
Cresta Drive to the western curve
of the proposed cul-de-sac. The
project also proposes construction
of a retaining wall along the
western curve of the proposed culde-sac and retaining walls adjacent to the proposed
residence. The new fencing would
not exceed six feet in height.

The project proposes retaining
walls up to 10 feet high in several
locations both on site and off site.

Retaining walls up to 10 feet in
height are proposed to support the
driveway bridge. Belmont Zoning
Ordinance Section 9.7.1(g) states
driveway bridges, including all
structural components, walls,
piers, etc. which are required to
provide vehicular access to on-site
parking spaces, are permitted
within the required front and side
yards.

The project complies with this
standard.

General Residential Density and
Lot Size Standards (§4.7.9)
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
The subject lot does not comply
with the general density and lot
size standards contained within
Section 4.7.9. The project
proposes a Floor Area Transfer to
accommodate the proposed
residence on the subject lot. The
proposed Floor Area Transfer
would require approval by the
approval authority. Upon approval
of the proposed Floor Area
Transfer, the project would comply
with this standard.
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Applicable Zoning Ordinance
Section
Zoning Regulation Text Project Consistency
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.

HRO-2 Residential Density and
Lot Size Standards (§4.7.11 (a))
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.

The subject lot as is does not
comply with the general density
and lot size standards contained
within Section 4.7.9. The project
proposes a Floor Area Transfer to
accommodate the proposed
residence on the subject lot. The
proposed Floor Area Transfer
would require approval by the
approval authority. Upon approval
of the proposed Floor Area
Transfer, the project would comply
with this standard.

Floor Area Ratio (§4.7.11 (b)) 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
The permitted minimum floor area
for the subject property, which is
less than 40,000 sq.ft., would be
900 sq. ft. based on the site’s
average slope (48.7%). The
project proposes 3,299.38 sq.ft of
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Section
Zoning Regulation Text Project Consistency
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.
gross floor area, which exceeds
the required minimum of 900 sq.ft.

The project complies with this
standard with incorporation of the
Floor Area Transfer.

Substandard Lots (§4.7.11 (c)) 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.

The subject lot is a vacant,
nonconforming lot. The project
proposes a Floor Area Transfer to
accommodate the proposed
residence on the subject lot. The
proposed Floor Area Transfer
would require approval by the
approval authority. Upon approval
of the proposed Floor Area
Transfer, the project would comply
with this standard.

Floor Area Transfer (§4.7.11 (d)) 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.

The project proposes to transfer
floor area from two noncontiguous parcels in the HRO-2 Zoning District along Monte Cresta
Drive (043-242-210 Lot 19 & 043-
165-090 Lot 43) (the “sending
sites”) to the project site, the
“receiving site.” A conservation
easement would be recorded over
the entirety of the two sending
properties. The project complies
with this standard.

Lot Line Adjustments (§4.7.11 (f)) 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
The project proposes to adjust the
existing lot line along Monte
Cresta Drive to accommodate the
proposed cul-de-sac at the
terminus of Monte Cresta Drive.

The proposed lot line adjustment
would require review and approval
by the approval authority. The
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Applicable Zoning Ordinance
Section
Zoning Regulation Text Project Consistency
hearing by the Planning
Commission.
project complies with this
standard.

The project is consistent with all applicable zoning regulations as demonstrated in Table 5.

For the reasons listed above, the project would comply with Section 15332, item (a).

Location, Acreage, and Surrounding Uses
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The project site would be located within the city limits of the City of Belmont, in the western portion of the City. The project site is 0.22 acres, which does not exceed five acres in size. The project site is immediately surrounded by urban uses (i.e., single-family homes, paved roadways, and public utilities infrastructure) to the north, east, and south. The site is bounded immediately by undeveloped single-family lots zoned for residential development to the west (see Figure 5); however, the project parcel is surrounded on three sides by existing residential development (see Figure 4) located approximately 300 feet away at the nearest point. As such, the project site is substantially surrounded by urban uses.

For these reasons, the project would comply with Section 15332, item (b).

Habitat Value
(c) The project site has no value as habitat for endangered, rare, or threatened species.

CEQA Guidelines Section 15380 defines - Endangered, Rare or Threatened Species:
(a) "Species" as used in this section means a species or subspecies of animal or plant or a variety of plant.
(b) A species of animal or plant is:
(1) "Endangered" when its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors; or (2) "Rare" when either:
(A) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or
B) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered “threatened” as that term is used in the Federal Endangered Species Act.
(c) A species of animal or plant shall be presumed to be endangered, rare or threatened, as it is listed in:
(1) Sections 670.2 or 670.5, Title 14, California Code of Regulations; or 738
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(2) Title 50, Code of Federal Regulations Sections 17.11 or 17.12 pursuant to the Federal Endangered Species Act as rare, threatened, or endangered. (d) A species not included in any listing identified in subdivision (c) shall nevertheless be considered to be endangered, rare or threatened, if the species can be shown to meet the criteria in subdivision (b).
(e) This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by:
(1) The Director of Food and Agriculture with regard to economic pests; or (2) The Director of Health Services with regard to health risks.

According to the Biological Resources Assessment and Biological Resources Assessment Update prepared for the project (Wood Biological Consulting 2017 and 2022), project implementation would not result in significant adverse effects on special‐status natural communities or landscape features because no special-status communities or landscape features are located within the biological study area (BSA) (i.e., the project footprint and adjacent lands within a 300-foot radius). As such, no avoidance, minimization, or mitigation measures (AMMs) are warranted with regard to special-status natural communities or landscape features.

The Biological Resources Assessment (2017) and the Biological Resources Assessment Update (2022) together examined the potential for 106 special-status plant species to occur on the parcel, since they have been recorded in the project vicinity (i.e., the nine 7.5‐minute USGS quadrangles including and surrounding the BSA). The assessments determined that the project site does not contain suitable habitat for any rare species, as documented in the table in Appendix B of the 2017 assessment and in the updated 2022 report. The reports determined that the project site has no habitat value for any state or federally listed plant species. The findings of the 2017 Biological Resources Assessment regarding impacts to any state or federally listed plant species are upheld in the 2022 Biological Resources Assessment Update.

Project implementation would not result in significant adverse effects to any state or federally listed plant species, and no AMMs are warranted.

The Biological Resources Assessment (2017) and the Biological Resources Assessment Update (2022) together examined the potential for 98 special‐status animal species to occur on the parcel. None of the species found to potentially occur on the parcel are state or federally listed as endangered, rare, or threatened species. Project implementation could result in direct, indirect, and/or cumulative impact to the eight other special-status animal species that are not state or federally listed but could be of local concern. However, with the incorporation of the AMMs recommended in the Biological Resources Assessment into the project design, impacts to special‐status animals would be reduced to a less‐than‐significant level pursuant to the statutes and guidelines of CEQA.

The 2022 Biological Resources Assessment Update includes an updated set of AMMs that would reduce potentially significant project impacts to nesting birds, bats, and the San Francisco dusky-footed woodrat to less than significant if said AMMs are included in the project design.

The recommended AMMs are reflected in the City’s Standard Conditions of Approval that are being imposed on the project (see the Environmental Protection Measures (EPMs) in Table 1). 739
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The project site does not provide habitat value to any endangered, rare, or threatened species as defined in the CEQA Guidelines (15380), and the project complies with Section 15332, item (c).

Traffic, Noise, Air Quality, and Water Quality Impacts
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Traffic
In February 2021, the Belmont City Council adopted policies to comply with SB 743 and CEQA requirements to establish vehicle miles traveled (VMT) as the metric used to determine the CEQA-related transportation impacts of new development and transportation projects. Under the City’s VMT policies, projects the generate less than 110 daily trips are exempt from CEQA VMT analysis. The project would generate trips during both the construction (truck trips, construction vehicle trips, etc.) and operational (resident trips to and from the home) phases of the project. The project’s construction phase trip generation would be temporary and cease following the end of construction. Construction VMT is not required for consideration under CEQA. The project is a single-family home that would generate less than 110 daily trips during the operations phase of the project. As such, the project is not required to prepare a CEQA VMT analysis and the project’s potential VMT impacts are considered less than significant.

The project consists of the construction of a single-family home at the terminus of Monte Cresta Drive. Due to the nature and scale of the project, the project is not expected to conflict with any applicable plan, ordinance, or policy pertaining to the circulation system.

The project is not expected to create hazards due to a design feature or incompatible uses. The project’s proposed use (i.e., single-family home) is compatible with the existing single-family residential land uses in the site’s vicinity. The project proposal includes the extension of Monte Cresta Drive past the location of the new residence and the construction of a fire truck turnaround at the terminus of Monte Cresta Drive. The design of the proposed turnaround would require review and approval by the City’s Building Department and the San Mateo Consolidated Fire Department prior to project approval. The City’s development review process would ensure the proposed road extension does not increase hazards on Monte Cresta Drive. In addition, the construction of the road extension and fire truck turnaround would ensure emergency services vehicles have adequate access to the project site. The project would not result in inadequate emergency access conditions on Monte Cresta Drive.

Noise
Due to the small scale of the project, the City of Belmont did not require the preparation of a project noise assessment. The project would generate noise and produce groundborne vibration typical of the construction of a single-family home. The project would employ construction equipment typical for the construction of a home, including excavators, skid loaders, backhoes, and trucks, among others; use of said equipment is not expected to produce excessive noise or groundborne vibrations.

As a condition of approval, the project would be required to comply with the City of Belmont’s Noise Control Ordinance, which limits all construction and related activities that require a city permit, including the use of powered equipment in connection with such activities, to the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday except holidays, and 10:00 a.m. to 5:00 p.m. on Saturdays (Belmont Municipal Code Sec 15-102. Noise limitations (d)(1)). Further, Section 15-102(d)(1) of the Belmont Municipal Code requires all gasoline-powered construction 740
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equipment to be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted. Project compliance with this COA, which would be implemented as a project EPM as shown in Table 2, would ensure potentially significant construction noise impacts are reduced to a less than significant level.

Following construction, the project would generate noise levels typical of a single-family home and is not expected to produce excessive noise or groundborne vibrations.

Air Quality
The project is expected to generate air pollutants during project construction through the use of construction equipment and dust emissions and during project operation through occupant trips and home heating and cooling equipment. Emissions generated during project construction have the potential to impact neighbors and surrounding uses. The Bay Area Air Quality District’s (BAAQMD) CEQA Air Quality Guidelines require a number of best management practices to control fugitive dust and exhaust emissions. The project would implement BAAQMD’s basic construction measures proposed for all projects as an EPM, which has been incorporated into the City’s standard COAs, as shown in Table 2. With implementation of these measures, potential project construction period air quality impacts would be less than significant.

Water Quality
Project construction would include excavation, grading, application of coatings, paints, and solvents, and building construction activities that have the potential to result in the release of pollutants and sediments from onsite to offsite locations. The project would implement the erosion and sedimentation control best management practices (BMPs) contained within the project design review plan set, specifically on Sheets C3.0, C4.0, C5.0, and C5.1, which would avoid and/or minimize the release of pollutants and sediments into the surrounding environment. In addition, project construction activities must comply with the City’s standard water quality protection COAs for all projects, which include BMPs for and restrictions on grading activities, required implementation of the San Mateo County Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction activities, and the preparation and approval of a project erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The project would comply with the City’s standard construction-period water quality protection COAs, which are included as EPMs in Table 2.

The project may also result in the release of sediments post-construction. The City’s standard water quality protection COAs include operational BMPs including but not limited to the preparation and implementation of project plans that conform to the requirements of the City NPDES Stormwater Discharge Permit and the San Mateo Stormwater Pollution Prevention Plan (STOPPP) and the installation, operation, and maintenance of permanent onsite stormwater quality protection measures. The project proposal includes an onsite stormwater drainage system that would capture runoff and divert it to the City of Belmont’s stormwater drainage system. The project would comply with the City’s standard operational water quality protection COAs, which are included in Table 2 as EPMs.

For these reasons, the project would comply with Section 15332, item (d).

Required Utilities and Public Services
(e) The site can be adequately served by all required utilities and public services.

The project proposes the installation of new electrical, natural gas, water supply, sanitary sewer, and stormwater control infrastructure to serve the new residence, as described in the Project 741
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Description. The project would connect the new utility lines to existing utility mains located along Monte Cresta Drive. Due to the small scale of the project (i.e., a single-family residence) and the proximity of nearby utility mains in Monte Cresta Drive to which the project can tie-in, it is anticipated that utility providers will be able to serve the relatively minor increase in utilities demand that would be generated by the project.

According to the U.S. Census Bureau’s current persons per household rate for Belmont (2.51 persons per household) (U.S. Census Bureau 2022), the project can be expected to add approximately 2.51 persons to the population of Belmont. This very minor increase in the City’s population is not expected to interfere with the ability of public service providers to continue to serve the population within their respective service areas, and public service providers are anticipated to be able to adequately serve the project.

For these reasons, the project would comply with Section 15332, item (e).

Exceptions to CEQA Exemptions
There is no substantial evidence that any exceptions to a CEQA Exemption apply, pursuant to Section 15300.02 of the CEQA Guidelines and discussed in more detail below. a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The project is a Class 3 and Class 32 project. The project proposes the construction of a single-family home on a vacant parcel in an existing residential neighborhood in Belmont. The project site is not considered a particularly sensitive environment. The site, as described in the project Biological Resources Assessments, does not contain any critical habitat. The site is not a hazardous materials site nor is it located within the vicinity of a hazardous materials site. The site is not located in a historical district or on a historically significant property. Further, the site does not have a zoning or land use designation that designates the site as environmentally sensitive. Therefore, the project would not have a significant impact due to the proposed location in a particularly sensitive environment.
b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant.

The proposed project would construct a new single-family home on a vacant parcel located in an existing neighborhood in a built-out area in the City of Belmont. Although there may be additional private development projects underway in the project vicinity and additional in-fill development may be proposed in the project vicinity in the future, remaining undeveloped land in the project vicinity and City of Belmont is limited and development of remaining undeveloped lands may be infeasible due to zoning or general plan land use designation and other constraints. Further, similar projects that may be proposed in the future would be subject to City conditions of approval and mitigation measures, if needed, to reduce potentially significant impacts.

Therefore, the project would not have a significant cumulative impact. 742
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c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility the activity will have a significant effect on the environment due to unusual circumstances.

In published CEQA cases, Banker’s Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego (2006) (139 Cal. App. 4th 249) (Banker’s Hill case) and Azusa Land Reclamation Company, Inc. v. Main San Gabriel Basin Watermaster et al. (1997) (52 Cal. App. 4th 1165), an unusual circumstances test is satisfied “where the circumstances of a particular project (i) differ from the general circumstances of the projects covered by a particular categorical exemption, and (ii) those circumstances create an environmental risk that does not exist for the general class of exempt projects.”
The proposed project is considered a New Construction or Conversion of Small Structures and In-Fill Development project and is typical of Class 3 and Class 32 CEQA Exemptions.

As described above, project implementation may have potentially significant impacts related to air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, transportation, and wildfire; however, with the incorporation of the EPMs included in Table 2 into the project, potentially significant environmental impacts would be reduced to a less-than-significant level of impact.

The project entails the construction of a single-family residence in an existing residential neighborhood on a vacant parcel. Project implementation, including construction activities, would be typical of those involved in the construction of a new single-family home. There is no reasonable possibility the project will have a significant effect on the environment due to unusual circumstances. As such, the proposed project would not have significant effects on the environment.
d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

According to the Caltrans scenic highway mapping system, the project site is not located on or near a state scenic highway (Caltrans, 2019). The nearest scenic highway is Highway 280, located approximately 1.53 miles southwest of the project site. The project would not remove any historic buildings, trees, or other scenic resources within a state scenic highway. All work would occur within the parcel boundary. e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The provisions in this code are commonly referred to as the “Cortese List”. The list itself is a planning document used by the State of California and its various local agencies and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. The Code requires the California Environmental Protection Agency to develop at least an annually updated Cortese List. The California Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List.
743
Monte Cresta Drive Single-Family House and Road Extension Project Evaluation for Categorical Exemption
Revised September 2023 Page 69
According to the Department of Toxic Substance Control’s (DTSC) Envirostor database and the State Water Resources Control Board’s (State Water Board) Geotracker database, there are no hazardous materials sites located within 1,000 feet of the project site (DTC 2022, State Water Board 2022). The nearest hazardous materials site is the Ralston Middle School site (#60001633) located approximately 2,040 feet south of the project site. The Ralston Middle School site is a school investigation site with a current status of “Inactive – Needs Evaluation as of 4/11/2012.” This hazardous materials site does not currently pose a risk to future project occupants due to its physical distance from the site and intervening terrain and structures.

No sensitive receptors such as schools or churches are located within 1,000 ft of the project site. The nearest sensitive receptor is Cipriani Middle School, located approximately 1,450 feet southeast of the project site. Project construction activities would not impact Cipriani Middle School due to its physical distance from the school and intervening terrain and structures.
f) Historical Resources (Historic Architecture, Archaeological Resources, and Tribal Cultural Resources). A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The project site is vacant and, as such, does not contain building or structures that may potentially be included in or eligible for listing in the California Historic Resource Information System (CHRIS) or the California Register of Historic Resources (CRHR).

According to the Belmont General Plan, the project site is not located within either of the City’s two historic districts—Belburn Historic District and Waltermire Historic District (City of Belmont 2017). As such, the project would not affect historic resources, including buildings, structures, or districts.

The project site has not been evaluated for the potential occurrence of archaeological or tribal cultural resources. Project construction activities may potentially uncover previously unknown archaeological or tribal cultural resources. However, the project is required to adhere to the City’s standard Conditions of Approval (COAs) for the accidental discovery or archaeological resources. Implementation of the City’s COAs pertaining to the accidental discovery of previously unknown archaeological resources and human remains as included in Table 2 would ensure the project does not result in a substantial adverse change in the significance of an archaeological resource.

For these reasons, the proposed project would not affect built environment historic resources, nor would it affect buried archaeological or tribal resources. In the event of an unanticipated discovery, the aforementioned EPMs would safeguard unknown buried resources.

Findings
Based on the above information provided, the proposed Monte Cresta Drive Single-Family House and Road Extension Project qualifies for a Categorical Exemption under CEQA Sections 15302 and 15332.
744
Monte Cresta Drive Single-Family House and Road Extension Project Evaluation for Categorical Exemption
Revised September 2023 Page 70
References
Atlas Technical Consultants LLC. 2022. Geotechnical Engineering Review Kraft Residence and Monte Cresta Drive Improvements Monte Cresta Drive, Belmont, California 94002, Atlas Project No. 91-57787-A1. March 22, 2022.

BKF. 2022. Kraft Residence – Storm Drain Impact Study. January 3, 2022.

BKF. 2022. Kraft Residence Design Review Plans. April 2, 2022.

BONE Structure. 2018. Kraft Residence Permit Plans. May 29, 2018, updated 2022.

California Department of Transportation (Caltrans). 2019. State Scenic Highway Map. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8 e8057116f1aacaa, accessed 1/24/2023.

California Environmental Protection Agency (CalEPA). 2022. Cortese List Data Resources. https://calepa.ca.gov/sitecleanup/corteselist/, accessed 1/25/23.

City of Belmont. 1988. San Juan Hills Area Plan. March 1988.

City of Belmont. 2017. City of Belmont 2035 General Plan Land Use Element. Adopted November 14, 2017.

City of Belmont. 2017. Belmont 2035 General Plan. Adopted November 14, 2017. https://www.belmont.gov/departments/community-development/2035-general-planupdate/final-adopted-general-plan, accessed 2/7/2022.

Belmont Municipal Code.
https://library.municode.com/ca/belmont/codes/code_of_ordinances, accessed 2/8/2022.

Department of Toxic Substances Control (DTSC). 2022. EnviroStor Database. https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&s ite_type=CSITES,FUDS&status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+A ND+SUBSTANCES+SITE+LIST+%28CORTESE%29, accessed January 25, 2023.

Kielty Arborist Services LLC. 2018. 0 Monte Cresta, Belmont, CA, Arborist Report. July 24, 2018.

Romig Engineers. 2015. Feasibility Evaluation Single-Family Residence Monte Cresta Drive (APN 043-165-180) Belmont, California. December 3, 2015, updated January 29, 2016.

State Water Resources Control Board (State Water Board). 2022. GeoTracker Database. https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_ name=&main_street_name=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATU S=&BRANCH=&MASTER_BASE=&Search=Search, accessed 1/25/2023.

United States Census Bureau. 2022. QuickFacts. Belmont city, California. https://www.census.gov/quickfacts/belmontcitycalifornia, accessed 1/25/2023.

Wood Biological Consulting. 2017. Biological Resource Assessment for the Kraft Residence.

October 14, 2017.

Wood Biological Consulting. 2022. Updated Biological Resource Assessment Kraft Parcel. June 3, 2022.
745
Monte Cresta Drive Single-Family House and Road Extension Project Evaluation for Categorical Exemption
Revised September 2023 Page 71
Report Preparers:

MIG, Inc.
2055 Junction Avenue, Suite 205
San Jose, California 95131 | USA
Barbara Beard, Senior Project Manager
Tay Peterson, Senior Biologist
Miranda Miller, Analyst
746
March 17, 1988
Memorandum
To: Ed Everett, City Manager
Planning and Ca.wnity DeveloJ)llent
From: Elaine Costello, Director, Planning and Community Development� Subject: City Council Certification of the Final EIR and Adoption of the San Juan Hills Area Plan

RECOMMENDATION
That the Council:

A. Adopt the attached resolution certifying the Final EIR on the San Juan Hills Area Plan as adequate for the purposes of taking action on the proposed General Plan amendments, both the addition of the San Juan Hills Area Plan to the General Plan and the General Plan text amendments,
B. Adopt the attached resolution amending the Belmont General Plan to incorporate: 1) the addition of the San Juan Hills Area Plan to the General Plan and 2) amendments to the existing General Plan text for consistency with the San Juan Hills Area Plan.

BACKGROUND INFOR..lliATIO�

1. Previous Council Review
This is the seventh public hearing on the San Juan Hills Area Plan and EIR. Review of the Area Plan began on November 10, 1987. Durihg November, December, and January, the Council held public hearings on the three major sections of the Plan; natural conditions, land use, and infrastructure. Before each of these public hearings, the Council held an informal study session where the Council and the public were able to ask questions about the Plan and its policies.

Council held additional public hearings in February and March to hear more input from the public on the policies of the Plan and to spend time refining the Plan's policies. Attached to this staff report is a set of policies that reflect the direction given by the City Council on policy revisions through your last meeting on March 8, 1988.
1365 Fifth Avenue I Belmont, California 94002 747

STAFF REPORT
RE: San Juan Hills Area Plan
March 22, 1988

Page 2 ends

2. 3.

Certification of the EIR
The Final EIR, which the Council is reviewing consist of both the draft EIR, April 1987 and the document entitled, "Response to Comments San Juan Hills Area Plan", July 1987. These documents were sent out to you in your green binder.
a. Planning Commission Review
The draft Environmental Impact Report was made available to the public in April 1987. The public review and comment period ran through the end of May 1987. Responses to all the comments received during the review period are incorporated in a second document, the Response to Comments San Juan Hills Area Plan, that was made available in July 1987. During the public comment period, the Planning Commission held public hearings on the draft EIR on May Sand 19, 1987. The Planning Commission also held public hearings on the Final EIR on July 21 and August 4, 1987. On August 4, 1987, the Planning Commission recommended to the City Council that you certify the Final EIR.
b. Requirements for Certification
The EIR is an informational docwnent to assist the City in making decisions. Under CEQA, the Council must, upon completion of review of the Final EIR, take action whether or not to certify the completeness of the Final EIR for the purpose of adopting these General Plan Amendments. In order to certify the EIR, the Council must decide that the Final EIR has been completed in compliance with CEQA. That is, that it is a complete, adequate and good faith effort at full disclosure of the environmental impacts of these General Plan Amendments. At your November 24, 1987 meeting, you heard a detailed
presentation from the consultant who prepared the Final EIR on the contents of the EIR.

CEQA Requirements for Project Approval
Before the Council can approve these General Plan amendments, in order to comply with CEQA, the Council will also have to take the following actions because the EIR has identified one or more significant environmental effects of this project.
a. Finding of Mitigation of Significant Impacts
You will need to find that changes or alterations have been incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The areas of significant impact requiring mitigation 748

STAFF REPORT
RE: San Juan Hills Area Plan
March 22, 1988

Page 3 ends

are identified in the EIR on page 131. These potentially significant effects subject to mitigation included: the impacts on geology and soils, hydrology, vegetation and wildlife, visual quality and traffic and circulation described in the Plan. For each of these significant impacts, the EIR has developed mitigation measures which the EIR finds would reduce these impacts to a level of insignificance. The staff has reviewed these mitigations and found that they provide direction for the implementing ordinances and do not require changes to the text of the Area Plan or the General Plan. Directing the st.aff to incorporate these mitigation measures in the implementation ordinances will allow the Council to make the finding of mitigation of significant impacts for all but one of the significant effects identified in the Final EIR,
b. Finding of Overriding Consideration

1. Description of Requirement

2. The Final EIR found that one significant impact could not be mitigated. That impact is the cumulative impact of
buildout from the Area Plan, combined with increased
traffic resulting from other approved projects, on the
intersection at Ralston Avenue and El Camino Real. There is no feasible mitigation measure available. Therefore, under the requirements of CEQA, before the Council can
approve this project, you will have to make a finding of overriding consideration. Regarding findings of overriding consideration, CEQA section 15093(a) states that the
decision making body must balance the benefits of the
project against its unavoidable impacts: "if the benefits of the proposed project outweigh the unavoidable, adverse environmental effects, then the adverse environmental
effects may be considered acceptable."
Basis for Making a Determination of Overriding
Consideration
The basis for making a determination of overriding
consideration would be a finding that the following
benefits outweigh the adverse cumulative impact on the
Ralston/El Camino Interchange of the adoption of the San Juan Hills Area Plan.
a. Natural Conditions. The addition of the San Juan
Hills Area Plan to the General Plan provides for
identification and mitigation of geologic hazards in
the San Juan Hills Area. These requirements minimize
the risk of injury and property damage in this part of
749

STAFF REPORT
RE: San Juan Hills Area Plan
March 22, 1988

Page 4 ends

the City and assures safe development. The addition
of the Area Plan to the General Plan also provides
policy direction to establish design standards for
grading, protect streams, creeks, vegetation, and
views.
b, Land Use and Site Development. The addition of the
San Juan Hills Area Plan to the General Plan reduces
the amount and intensity of development permitted by
the current General Plan on vacant land within the San
Juan Hills Area. The policies of the Plan and their
implementation will help achieve a land use pattern,
density, and distribution of development that is
consistent with the existing slope and geologic
hazards in the San Juan Area. Again, this improves
the safety of development in the area. The San Juan
Hills Area Plan also adds policy direction to
encourage reconsolidation and resubdivision of
existing vacant subdivided parcels. These lot
reconsolidations are intended to address specific
physical constraints in the Area and minimize the cost
and physical impact of new roads and other
infrastructure improvements.
c, Infrastructure. The addition of the San Juan Hills
Area Plan to the General Plan will help assure that
adequate infrastructure improvements are available
before permitting development to proceed. The plan
will require overall road improvement plans and
financing prior to granting any building permits on
unimproved roads. This policy will permanently end
incremental development of unimproved roads which has
created problems for the provision of fire and police
services, storm drainage and a haphazard pattern of
road development. These requirements will assure safe
access for emergency vehicles and the construction of
safe roads. 0
The Council needs to determine whether the benefits provided by the adoption of the San Juan Hills Area Plan into the General Plan outweigh the impact of the project. If you make this finding, the project can be approved. The benefits of the project are substantial and will provide for better and safer planning and development in the San Juan Hills Area.

The impact of adoption of this Area Plan into the General Plan is that it will add to a significant cumulative traffic impact at the corner of Ralston and El Camino. Most of this cumulative impact is from other development. Development under the Area Plan would utilize only one percent of the intersection's capacity. The Planning Commission recommended that the Council make this finding of overriding consideration •
750

STAFF REPORT
RE: San Juan Hills Area Plan
March 22, 1988
Page S
because they felt the benefits of the proposed project to the community outweigh this adverse unmitigatable impact and support the finding of overriding consideration.

4. Direction for changing ordinance revisions
The Council also gave direction on changes that you would like to see in implementing ordinances for the San Juan Hills Area Plan. a. Minimum and Maximum House Sizes. Staff should bring back a report on alternative minimum house sizes in the R-1 and HROP areas as part of Plan implementation. The staff should also reevaluate the recommendation of the San Juan Committee for a maximum house size of 4,000 square feet in the vacant,
unsubdivided HROP areas. This may be too large. These items will be added to the Department's Work Program for FY 88-19. b. Floor Area Ratio Regulations in existing low density residential areas. Staff should include a reassessment of FAR regulation in R-1 zoning districts and development of alternative regulations in the Work Program for FY 88-89.
c. Floor Area Ratio in Hillside Residential and Open Spaces Areas.

1. The Council did not request alternatives to the floor area ratio formula that was recommended by the San Juan
Committee for controlling the size of houses and the number of units in the old subdivisions along the unimproved roads in the HROP areas. Individual Councilmen have mentioned some desire to consider some alternatives. Staff would
like direction from the Council as a whole.

ATTACHMENTS
These standards are incorporated in the proposed zoning district for the HROP Area. This is the major land use
ordinance coming out of the San Juan Hills Area Plan. It must be adopted by the Council before rezoning and merger can proceed. If you asked for alternative FARs, staff c would suggest that we begin work on this item during this fiscal year, so rezoning of the HROP could proceed. We
would adjust other work items to accommodate this change.

I. Resolution Certifying the Final EIR
II. Resolution Amending the General Plan to Incorporate the San Juan Hills Area Plan (Policies as amended by the City Council through 3/8/88 are attached to this Resolution)
EC/ww/48/sj
751
752

ATTACHMENT I
753
754
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

CERTIFYING THE ADEQUACY OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED GENERAL PLAN AMENDMENTS: (1) THE ADDITION OF THE SAN JUAN HILLS AREA PLAN TO THE GENERAL PLAN AND (2) TEXT CHANGES TO THE

GENERAL PLAN TO INSURE CONSISTENCY BETWEEN THE SAN JUAN HILLS AREA PLAN AND THE REST OF THE GENERAL PLAN (APPL. NO. 86-1079)
WHEREAS, a draft environmental impact report (EIR) was prepared, dated April 1987, for the amendment of the General Plan which adds the San Juan Hills Area Plan to the General Plan and revises the text of the General Plan to insure consistency between the General Plan and the San Juan Hills Area Plan; and,
WHEREAS, said draft EIR was circulated to all responsible agencies and was available for review and comment by the public for a minimum of 45 days; and,
WHEREAS, public hearings were held by the Belmont Planning Commission on May 5 and 19, 1987, at which times all interested parties were afforded an opportunity to be heard on the adequacy, completeness, and good faith effort at full disclosure of the environmental effects of the project and recommended mitigation measures; and,
WHEREAS, the final EIR was then developed consisting of the draft EIR and responses to collllllents received on the draft EIR; and, WHEREAS, two more public hearings were held by the Planning Commission on the Final EIR on July 21, 1987 and August 4, 1987 and the Planning Commission recommended certification of the Final EIR at their August 4, 1987 meeting; and,
755
WHEREAS, another public hearing specifically focused on the Final EIR was held on November 24, 1987 by the Belmont City Co\lllcil to allow all interested parties to be heard on the adequacy of the final EIR; and, WHEREAS, the City Council has reviewed and considered the information contained in the Final EIR prior to taking action on this project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belmont hereby finds that the final EIR has been completed in compliance with CEQA and is good faith effort at full disclosure of the environmental effects of the project and recommended mitigation measures.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council certifies the final EIR for the amendment of the General Plan to incorporate the San Juan Hills Area Plan, and the text amendments to insure consistency between the General Plan and the San Juan Hills Area Plan.
* * * * * * * * * *
I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Belmont at a regular meeting thereof held on March 22, 1988 by the following vote:

AYES,
COUNCILMEN:

NOES,
COUNCILMEN:

ABSENT,
COUNCILMEN:

ABSTAIN,
COUNCILMEN:

APPROVED:

GARY ORTON
--------------------------------
--------------------------------
--------------------------------
Mayor of the City of Belmont
ATTEST:

DOROTHY D. HALL
City Clerk of the City of Belmont
45/rsjsr
756

ATTACHMENT II
757
758
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
AMENDING THE CITY OF BELMONT GENERAL PLAN TO INCORPORATE:
(1) THE SAN JUAN HILLS AREA PLAN AND (2) THE AMENDMENTS TO THE

EXISTING GENERAL PLAN TEXT TO ASSURE CONSISTENCY BETWEEN THE

SAN JUAN HILLS AREA PLAN AND THE EXISTING CITY OF BELMONT GENERAL PLAN'S TEXT (APPL. NO. 86-1053)
WHEREAS, the Planning CoDUllission of the City of Belmont has considered the proposed San Juan Hills Area Plan and the amendments to the existing General Plan text; and,
WHEREAS, the Planning Commission held fifteen public hearings between July 1986 and October 1987; and,
WHEREAS, the Planning Commission recommended to the City Council amendment of the City of Belmont General Plan to incorporate the proposed San Juan Hills Area Plan and the amendment to the existing General Plan text; and,
WHEREAS, the City Council of the City of Belmont has considered the proposed San Juan Hills Area Plan and amendments to the existing General Plan text; and,
WHEREAS, the City Council has noticed and held public hearings on November 10, 1987, November 24, 1987, December 8, 1987, January 12, 1988, January 26, 1988, February 9, 1988, March 8, 1988, and March 22, 1988; and,
WHEREAS, the final public hearing was duly noticed, held, and was closed on March 22, 1988; and,
WHEREAS, the City Council reviewed and considered the information contained in the Final EIR prior to taking action on this project; and, (',
759
WHEREAS, the Council finds that the project and its implementing ordinances incorporate mitigations which avoid or substantially lessen all the significant environmental effects identified in the EIR, except mitigation to the cumulatively significant traffic impact to the intersection of El Camino Real and Ralston Avenue; and, WHEREAS, the City Council directs the mitigations contained in the Final EIR be incorporated into the implementing ordinances; and, WHEREAS, the City Council considered the following specific benefits of the San Juan Hills Area Plan and associated General Plan amendments; and,

1. Natural Conditions. The addition of the San Juan Hills Area Plan to the General Plan provides for identification and mitigation of geologic hazards in the San Juan Hills Area.

These requirements minimize the risk of injury and property damage in this part of the City and assures safe development.

The addition of the Area Plan to the General Plan also provides policy direction to establish design standards for grading, protect streams, creeks, vegetation, and views.

2. Land Use and Site Development. The addition of the San Juan Hills Area Plan to the General Plan reduces the amount and intensity of development permitted by the current General Plan on vacant land within the San Juan Hills Area. The policies of the Plan and their implementation will help achieve a land use pattern, density, and distribution of development that is consistent with the existing slope and geologic hazards in the San Juan Area. Again, this improves the safety of developmen� in the area. The San Juan Hills Area Plan also adds policy direction to encourage reconsolidation and resubdivision of existing vacant subdivided parcels. These lot reconsolidations are intended to address specific physical constraints in the Area and minimize the cost and physical impact of new roads and other infrastructure improvements.

3. Infrastructure. The addition of the San Juan Hills Area Plan to the General Plan will help assure that adequate infrastructure improvements are available before permitting development to proceed. The plan will require overall road improvement plans and financing prior to granting any building permits on unimproved roads. This policy will permanently end incremental development of unimproved roads which has created problems for 760
the provision of fire and police services, storm drainage and a haphazard pattern of road development. These requirements will assure safe access for emergency vehicles and the construction of safe roads.

WHEREAS, the Council finds that the above noted specifically identified benefits of this proposed project outweigh the unavoidable significant cumulative traffic impact on the intersection of El Camino Real and Ralston Avenue; and, therefore, the unavoidable cumulative traffic impact is considered to be an acceptable impact.

NOW, THEREFORE. BE IT RESOLVED that the City Council amends the General Plan to incorporate the San Juan Hills Area Plan as specified in Exhibit A, attached hereto, and the amendments to the existing General Plan text in Exhibit B, attached hereto.
* * * * * * * * * * *
I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Belmont at a regular meeting thereof held on March 22, 1988 by the following vote:

AYES,
COUNCILMEN:

NOES.

COUNCILMEN:

ABSENT,
COUNCILMEN:

ABSTAIN,
COUNCILMEN:

APPROVED:

GARY ORTON
--------------------------------
--------------------------------
--------------------------------
--------------------------------
Mayor of the City of Belmont
ATTEST:

DOROTHY D. HALL
City Clerk of the City of Belmont
48/rsj
761
762
....
f ,

REVISED TEXT
SAN JV.AN BILLS AllEA PLAN
AtJGtJST 13, 1986
AND
JUNE 1987
rOnly page• containing rev1aed text are attached.
•
763
I. AT)T>JTJO�S TO NAn.'RAL CX>XDITIO::S Tf'.XT
A. Add to Page 16. Section 4 - Ve,etation end �atural
Resources, e new paracraph 3.

General wildlife apecfes associated vith the •egetation and habitats found in the Sen Juan area ere: turkey wlture, red-tailed hawk, Celifornia quail, aourninr, dove, bush-tit, bevich vren, ground ■quirrel, racoon, white-footed mouse and black tailed deer. The abundance of trees in the San Juan area attracts bird apecfes associated with the natural
habitats. Large areas currently undeveloped, particularly in Laurel Creek Canyon, permit birds, racoons, squirrels and deer free movement.
l I. A!)t)'TJm:s TO THE I�n='RASTRUCTURE TEXT
A. Add to Page 251 tor of the pege above existine text. n.
c.

Infrastructure includes veter and aever ■ervice, storm
drainage facilities and roads.

Add to Pa�e 251 �ection 1 - \Tater SunplY end Cepftcit71 8 nc11· paraf:Teph t3.

The South County Fire District has pointed out that, though there is adequate water supply for domestic ■ervice in the San Juan area, therr err places in the developed area of Sen Juan vhere there is inadequate pressure and wolume to aeet the needs of the Fire District. Existing •ins are
under�ized or pressurized.

Add to Pe e 31 Section 5 throu h Access,
the follo�in£ changes to paragraph 12 Addition •de by the P.C. is underlin�d.).

The probleru; with paving and improvins this road connection to Sen Juan Boulevard ere: 1) The road vould be adjacent to Sugarloaf, possibly facilitating the future de•elopment of SugarloAf: 2) the road passes t.1\r.ough en undeveloped acenic area; 3) development of the road es a throuch street is •not esE>ential to serve any prop@rties; and 4) traffic vould l>e added to Sen Juan Boul�vard. Some parts of ilarsten would need to be extended from t� SkJ"IDOnt Neighborhood to aerve exiRting parcels, but a through road i• not needed to aerve adjacent property.

D. Add to P&ge 341 Section (1} Advantft&•� and D1sadv•nta,es of Pub]ic Ro�ds, the follovin& chftnge� to the p,arAgreph ll (Additions •de by P.C. are und�rlined, deletions ere
,1,,1.,'1 i,�tJ >.
764
Advanteses end Disedventases of Public Roftds.

There are advantages to having public roads maintained by the City. Residents alone public roads do not have to worry about maintenance or bear large costs from catastrophic occurrences along• road. HistoricellJ, the CitJ has ,een able to require and enforce better construction •tandards and maintenance for public roads. Also, other communities have experienced problems with private roads that don1
t
occur with ublic roads. These are 1 robler.is vith
enforcement of the vehicle code end rohlems Vith
Rroperty owner s associations or other groups responsible for the maintenance of roads allowing the roeds to so into disrepair end then asking the City to take over the
maintenance of deteriorated roads.

The 11111jor disadvantage of ,ll,�{{�ililltl,t{,� public roads is the cost to the City of the maintenance of public roads and the risks of high road costs tn stable areas. In
contrast, the City does not have to sweep, clean, sign, or repair private roAds. Although the quality of development and maintenance of private roads hes been a problem, the City can require private developers to improve and maintain roads as part of the conditions of development and can
enforce �hose conditions. The City can require that a
financi�llI steble iroup (i.e. a homeowners association) be responsible for maintaining a private road.
•
3 765

STAFF REPORT
RE: San Juan Area Plan
June 8 r l 9c-
-

Page 2 ends

RESPONSES TO PLANNING COMMISSION COMMENTS.

I. Changes to the text of the Draft San Juan Hills Area Plan requested by the Commission. The text of the Plan, provides data and analysis to supply background information for decisions and to assist in the development of recommendations. It is important to remember that it is Section 3, the Goals, Objectives, and Policies, which are the Plan's recommendations. These are the sections of the Plan that will direct private and city action and guide decision making for the future development of the San Juan Area. These are, therefore, the most important parts of the Plan.

A. Comment - Description . of the Planning Area, Page 4 .. The sentence, 110ther uses include one church, one public school and a city water pumping station." should be changed to "Other uses include churches," because there is more than one church.

Staff response - This •entence should be changed to read, "Other uses include churches, echools, and a city veter pumping station."
B. Comment - Page 20, Section B - Land Use, Current Ownership Patterns, paragraph 3. The last phrase of the last sentence stated that the level of current ownership fragmentation has not "reached the level where build out of all lots in the existing lot pattern cannot be avoided." Thia ahould be clarified. This build out of all lots in the existing lots patterns can be avoided. . _.

Steff
level of
response
current
- This
ownership
■entence
fragmentation,
•hould be revised
while
to
a
read,
■erious
'!!!!,
Rroblem, still has not reached the level where all lots are in se arate ver small ovnershi s. The more fra mented ovnershi becomes, the more difficult and complicate it 1s to use regulations and other techniques to create a desirable land use pattern."
766
(
(

STAFF REPORT
RE: San Juan Area Plan
June 8, 1987

Page 3 ends

C. Comment - Page 30, Roads in Subdivided areas, Access and Lot Configuration. The last •entence refers to the fact that State law requires that the City allows aome development rights for each of the ownership parcels. The comment was that this implies that property ovners are entitled to development. This is not the case.

Staff response - Staff concurs that there 1■ not an entitlement to development on each parcel. There are, hovever, legal limits to the City's ability to regulate development, especially when regulation has the effect of prohibiting any economic ase of the property. This gets into the complicated legal issue of taking.

Legal issues will be discussed by the City's legal staff at the next hearing. Some additional legal issues are also raised later in this report.

To avoid a complicated legal discussion at this point 1n the Area Plan text, but raise the major issues, staff suggests that after the word ownerships in the second sentence, the following sentences should be inserted. "Future access to the parcels in separate ownerships is en issue for the City. Methods that allow the City to reconfigure lots or transfer densities away from lots where the provision of access is environmentally undesirable, have the advantage of avoiding the environmental problems of providing access to some of these lots.11
Comment - Roads in Unsubdivided Areas, Access from Ralston Avenue), page 32. The fact that access from Ralston Avenue can be prohibited should be mentioned here.

The Assistant City Attorney, Colleen Doherty, will discuss the legal problems with prohibiting access from Ralston Avenue.

This discussion points out many of the problems with providing new access from Ralston Avenue. It provides the background information for a policy direction of either minimizing or prohibiting access. The Planning Commission ahould give direction within the policies, after listening to the input from the Assistant City Attorney.

E. Comment - Page 34, Hillside Road Standards. Advantages and Disadvantages of Public Roads •. _ _The possibility of assessment districts that pay for the maintenance of public roads •hould be mentioned.

Staff response - Staff has had the opportunity to discuss this alternative briefly with John Hopkins, Director of Public Services and other consultants to the City on assessment districts. This ia a possibility, but it ta not a common occurrence. People ve talked to have not had a lot of
s
767

STAFF REPORT
RE: San Juan Area Plan
June 8, 1987

Page 4 ends

experience with this, ao they could not describe the advantages and disadvantages for us. Staff euggesta a footnote to this paragraph that vould add that "the possibility that the assessment district that could also pay for aaintenence of 1ublic streets, has been suggested. This is an alternative that the City could pursue which vould overcome aome of the financial 1roblems vith the City of allowing public roads." Thi• footnote puts the information in the document, raises the tasue, but aakes it clear that at thia point that it'• an option to consider, vhich has not been fullJ reaearcbed.

F. Comment - Page 35, Roads, Dedication Status of Unimproved loads.

The last sentence implies that continued private ownership of dedicated streets ts the only realistic option because
abandonment of dedicated public atreets ta ao difficult. It should be revised to make it clear that the City can abandon and �acate dedicated public atreeta.

Staff response - The last ■entence should be deleted. This paragraph should end vith the word "maintained". A nev
paragraph should be added, which says: "Private ownershi, ,
development and maintenance of roads is clearly an option or the streets where the original dedication vas rejected and for ne� roads that are built in the currently unsubdivided area.

The City can also abandon dedicated public streets, so they can be privately ovned and maintained. This is difficult to do, because it requires the agreement of abutting landowners.

Generall�
, cities have had problems with abandoning public
streets.
. ....
)
768
Exhibit A
San Juai.1 Hills Area Plan consists of the following:

1. Volume entitled, "draft San Juan Hills Area Plan, Jwie 198611 with the attached text changes made by the Planning Commission in August 1986 and June 1987.

2. Policies as approved by the City Cowicil on March 22, 1988.

3. The following maps: a) Geologic Hazard Policy Map, October 1987; b) Existing Vacant Land and Unimproved Roads; October, 1987 and c) Land Use Policy Map, October 1987.
769
770

GOALS, OBJECTIVES AND POLICIES

NATURAL CONDITIONS
ThE- City will:

GOALS AND OBJECTIVES:

1. Geologic Stabili�y.

REVISIONS BY THE CITY
COUNCIL THROUGH 3/8/88
Ensure a high level of geologic stability for building
sites, structures and infrastructure.
�- Information on Geologic Hazards.

Improve the City of Belmont decision making process
pertaining to geologic hazards in the San Juan area.

3. Minimize Public Liability and Private Injury.

Minimize public liability and private injury for
haza_rdous lands.

4. Preserve Natural Resource.

Preserve vegetation and other natural resources in the
San Juan Hills Area.

5. ?reserve Public Views.

Preserve public views into, within and from the San
Juan area, particularly public views of natural areaE.

6. Encourage Open Space Protection.

Enc0urage the preservation of open space in areas of
Ecenic, natural resource and recreational value, as
well as areas that are geologically hazardous, steeply
sloped and susceptible to erosion.

PC:i.:CIES:

GEO�OGIC HAZARDS:

1. Adoption of Ge�logic Maps.
a. Use the Engineering Geologic Map and Ground
Movement Potential Map prepared by Willian: Cotton
and Associates in April, 1985 as the official
geologic maps of the City. These maps will be
used for the purpose of determining the relative
geologic stability of land when reviewing
37 771
development applications, public works
improvements and asseEsment districts in the San
Juan Hills study Area.
b. Update and irnprcve the official geologic maps
based upon new and detailed engineering geology
and :;.oils reports and the recommendations of the
City Geologist. Establish procedures for updating these maps.

2. Required Geotechnical Investigations.

Require the following geotechnical reports to accompany applications for development and assessment districts:
a. on slopes steeper than 1 O't, soil and fc,undation
engirn:·eri:19 investigatio11 by a registered civil
�ngineer.
b. on lands shown in Figure 4, except those stable
area::,, categcriz.e.-d as Sbr or su11, engineering
ge.-ologic investigation by a certified engineering
geolog:1::t. The investigation shall evaluate the
natural slope conditions and provide
recornmo2nd-:1.tions for mitigating and/(ll correcting
any unstable conditions that will assure the
safety of the pr•.:>po;::ed development. ( 1} The City
will develcp standards for these reports; (�}
TLe re.sult.s c,f the:Ee investigatiolis will :te
reviewed and approved by a Geologist hired by the
C:.. ty; ( 3) The recommendations f c1 1 mitigation
and/or correction will become conditionE of the
applicaticn.

3. Geologic Hazards and Land Use Policy.
a. Adh�re t.:> the land use policies in Table 6,
Geclogic Hazard Criteria for Development. When
land uses not listed in Table 6 are under review,
the City will UE,e this table as a g'='11eral guide
for evaluating that proposal.
b. Applications for alterations. repairs or additions to existing structures on currently paved roads may be considered acceptabl� deviations
from this table, if they would not adversely
affect the existing scability of the site and
structure.
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Policy Map
[:. - CITY Of BELMONT
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774

4. Mitigate Geologic Hazards Posing a Moderat� Hazard to Residential Development.

Require mitigation of geologic hazards prior to
development of residences and other structures in
areas where there are moderate geologic hazards for
resident�al development, that is areas categorized as
Sex, Sff, Pfs, Ps, Pd and Ms (See Figure 4).

5. Mitigate Geologic Hazards Posing a Moderate Hazard to Road Development.

Require mitigation
development of roads
geologic hazards for
categorized as Sff,
Figure 4; .
of geologic hazards prior to
in areas where there are moderate
road development, that is, areas
Pfs, Ps, Pd, Ms and Pdf (See

6. Restrict Deve�opment 1n Critical Geologic
Areas.

Hazard
Restrict development where geologic hazards pose a
criti�al hazard by the f0llowing means:
a. Prohibit the building of new residences in areas
categorized as Potential Debris Flow Movement
(?df - See Figure 4). Require the removal of
this hazard prior to residential construction,
cons�stent with Table 6.
b. Prohibit the extension of roads and
structures in areas categorized as
Landsl�de (Md See Figure 4).
removal of this hazard prior to
consiftent with Table 6.
building of
Moving Deep
Require thedevelopment,
•::. Encourage the redesign, recombination and
tr�nsfer of building rights to area& outside
these two critical geologic hazard areas (Md and
?df i.

STEEP SLOPES:

7. Relate Land Use to Slope Characteristics
Ensure that the density (units per acre} and intensity
(size of each unit; of residential use is related to
the slope characteristics of parcels i11 the San Juan
hills in order to assure safe development and minimize
risk of injury and property damage. Allow fewer and
Emaller units on parcels as the steepness c,f the lots
increases.
41 775
NATURAL RESOU�CES:

8. Protect Vegetation.

Ensure that development will:
a. minimize the removal of vegetation,
b. protect and restore vegetation which stabilizes
soils and reduces surface water runc;ff, erosion
and sedimentation,
c. protect historic and scenic trees, and
d. provide revegetation of all significant tree
cover.
e. prcmote the use of nat::.ve trees and plants in new
landEcaping.

9. Protect Stream5 and creeks.

Pr0tec� streams and creeks by:

3.. requ�ring that development, including roads,
set back from ripa�ian corridors, and
is
b. preventing road alignments that crosE creekbeds.
1 ::, . P :t c, t e::: � W i 1 d 1 i f e H ab it at
Protect wildlife habitat by siting and designing new
development to maintain portions of existing habitats
in undeveloped areas.

Grading Design standards.

Establish design standards for all grading, including
grating for geologic mitigation and the d�velopment of
roads and houses, to ensure that:
a. changE-E from natural grade a.re mi11irnizeu,
b. stabilization planting for grading areas is
provided prior to the normal rainy season, and
,_ .
d.
standards to minimize erosion from
grading operations are developed.
site preparation and gr�ding is
harmonious with surrounding land.
42 hillside
visually
776

12. Restrict Winter Construction.

Restrict earthmoving operations during the winter to
minimize erosion and slope destabilization.

VIEWS:

13. P�otect Public Views.
a. Site and design new development and landscaping
to pr0tect public views, particularly from
Ralston Avenue to Laurel Creek Canyon, Sugarloaf
and San Francisco Bay.
b. Site and design structures to maximize public
view preEervation.

OPEN SPA�E:

14. Encourage Clustered Development.

CluEter development wherever possibl� on the most
developable port1.on of an area, leaving tht" maximum
portion of the site in its natural state.

15. Frotect Sugarloaf Mountain as Open Space.
a. create an open space buffer between
on vacant parcelE in the San Juan
Sugarloaf Mountain.
developrnect
Hills and
b. Ccoperate with the City of San Mateo in efforts
to protect and provide open space on and adjacent
to Sugarloaf Mountain.
lf. Private Open Space.

AssiE,t private landowners in finding ways for them to
manage and permanently preserve privat� open space.
:7. Disco�rage Acquisition of Land with Critical Geologic Hazarjs.

Discourage the acquisition by the City of Belmont of
land with critical geologic hazards which would create
liability problems for the City. Land with critical
geologic hazards is land that is categorized as Pdf
(potential debris flow) or Md (moving deep landslidej
on Figure 4.
43 777

18. Public Greenbelt.

Pursue creation of a continuous greenbelt of publicly
owned open space that will:
a. be appropriate for passive recreational uses,
t. exclude critical geologic hazards, that is land
categorized as Pdf or Md on Figure 4.
c. afford protection of creek areas, and
d. provide a physical connection from the San Juan
area to Sugarloaf Mountain.
44 778
LAND USE AND SITE DEVELOPMENT STANDARD3
Tne- city will:

GOALS AND OE-JECTIVES:

1. Preserve Existing Residential Areas.

Preserve and enhance the character of existing established residential areas.

2. Reflect Natural constraints in Land Use Planning.

Achieve a land use pattern, density and distribution
of development that is consistent with the existing
slopes and geologic hazards in the currently undeveloped parts �f the San Juan Area.

Minimize Buildout of Vacant
proved Roads:

Subdivided Land Clll UnimMinimize the buildout of existing vacant subdivided lc•t�; in those areas where buildout would be geologically hazardous, require major road extensions and improvem�nts and degrade natural resources and public
views.
�- Minimize Traffic Impacts.

Achieve a land use pattern that would minimize traffic
impa,::ts, eE.pecially impacts on Ralston Avenue.

5. PresErve Open Space in Laurel creek Canyon:

Preserve the most important open space in Laurel Creek
Cfnyon, especially the riparian corridor along Laurel
CreE-k.

6. Design of structures:

Ensure that new structures are designed t0 protect the
visual and natural resource quality of the hillsides.

POLICIES.

LAND USE:

1. Land Use Designations.

Designate land use in the General Plan as shown on
Figure 5, Land Use Policy Map, based on the following
criteria:
45 779
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.).
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4�
Figure 5

LAND USES
@G

LOW DENSITY RESIDENTIAL
·a-.� ltLLSIDE RESIDENTIAL ,�-AND OP£N SPACE
VACANT SUBQtVl>ED AREAS
•
VA�ANT UNSUBDIVIDED AREAS -
:@[ p I PIAIC FACUTES @0 INSTITUTk)NAL
Land Use Policy Map
--- 7 l � I [' • CITY Of BELMONT • �
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a. Designate as Low Density Residential (RlJ those
lands adjacent to improved roads in a predominately developed residential area. Development of vacant lots in Low Density Residential Areas
is cons�dered infill to an existing developed
neighborhood.
b. Designate as Hillside Residential and Open Space
(HROP) large unsubdivided parcels and land
adjacent to unimproved roads which is predominately vacant and suitable for open space or very low density Residential use because of steep
slopes, unstable soiLs, scenic or natural resource value and lack of access. c. Designate a� Institutional those areab suitable
for and used for institutional facilities, such
a� churches.
d. Designate
p�irna�ily
purposes.
as Public Facilities
for governmental and
LOW DENSITY RESIDENTIAL AREAS:
lands used
educational

2. Permitted Land Uses and Density in Low Density Residential Areas, Institutional and Public Facilities Areas.

Determine permitted land uses and densities in areaE
designated low density residential, institutional and
public facilities based on the policies of the Belmont
Genera: Plan.

3. control House Size in Low Density Residential Areas.

Protect the character of residential neighborhoods by
in6uring that house sizes are visually compatible with
the size and slope of the lot on which they are
located and the size of the majority of existing
houses around them.

4. Pr0hibit New subdivisions in Low Density Residential Area$,
Prohibit subdivisions that would create additional
lots in the areas designated low density residential.
47 781
HILLSIDE RESIDENTIAL AND OPEN SPACE AREAS (HROP):

5. Density and Hillside Residential and Open Space Areas. a. Base the density (number of dwelling units)
permitted on the slope of the land. The density
permitted should generally range between .3 and

4.4 dwelling units per net acre based on the
average slope of the parcel. Higher densitieE
are permitted to promote clustering and
r�combination of lots.
b. The denE:i.ty of development should bE- most restrictive in areas with greater than 30% average slope, moderately reEtrictive in areas with
15-30% average slope and least restrictive in
areas with average slopes of 15% or less.
•:. Develop slope density regulations to implement
this pc,licy.

6. Permitted Land Uses in Hillside Residential and Open Space Areas.
a. Permit single family detached dwelling
Permit clustered development of detached
family homes to preserve open space.
units.
single
b. Permit use� which are normally accessory to
residential uses and, under appropriate controls,
inat1tutions and public facilities such a�
churches and schools.
c. Fermit public and private recreational uses.
1 . Lo: Merger in Hillside Residential and Open Space
Areas.

Merge existing contiguous lots held in the same
ownership when one or more of the contiguous parcels
does not conform to the standards for minimum lot
si�e required by the slope density ordinance. At
least one of the affected parcels must be undeveloped
by c:. structure.
48 782
HROF - VACANT, SUBDIVIDED AREAS:
a. Control the Size and Limit
Vacant Subdivided Areas in
and Open Space Area.
the Number of Houses in
the Hillside Residential
a. Establish regulations to govern the permitted
Eize of residences in the vacant subdivided areas
shown on Figure 5. These regulations will limit
the size of the permitted residence based on the
size, slope, and location of the lot. The intent
of thesE regulations iE to insure that new houses
are not too large for the slope and size of their
l0t, to limit the number of houses in vacant
subdivided areas and to facilitate the
recombination of small, vacant lots in order to
assure safe development and minimize risk of
injury and property damage.
b. These regulations shall establish a minimum and
maximum house size. They shall be designed so
that, as much as possible, houses constructed are
large enough tc be visually compatible with
existing residences, but limited in size so that
theL· visual, natural resource and safety impacts
are minimized.
c. These regulations may be more restrictive for
:otE which have a critical geologic hazard for
�esidential development, namely they are
predominantly characterized as Pdf or Md on
Figure 4. Th� intent of making regulations more
restr�ctive for thes� lots would be to discourage
the development of unsafe houses, and to
eLco�rage owners to transfer their permitted
development potential to owners of lots in areas
that ar� more geologically stable.

9. Density Tranbfer in Vacant, subdivided Area.
a. Allow property owners to voluntarily transfer the
development potential they are permitted by the
regulations proposed in Policy 8 along the
roadway on which they are located. This transfer
is permitted in order to permit the construction
of houses on lots close to existing roads and
eliminate development potential on lots in areas
with the most critical geologic hazards and
farthest from existing roads.
b. The City shall
land owners to
p�rmitted them
establi�h regulations permitting
sell the development potential
by the regulations implementing
49 783
Policy 8 to owners along the same roadway. Land
owners who elect to sell all of their development
potential Ehall be restricted to permanent open
space. Adequate and permanent arrangements for
thE- long term ownership, management and
maintenance of these sending parcels shall be
required.
c. Regulations shall be developed to provide
incentive to land owners who purchase the
development potential. These incentives may
include reduced minimum lot sizes, increases in
the sizes of houses, or density bonuses.

10. Voluntary Reconsolidation of Vacant Subdivided Parcels in Hillside Residential and Open Space Areas.

Promote voluntary reconsolidation of vacant subdivided
parcels by: (lJ encouraging owners along unimproved
roads to pool their development capability in an
overall resubdivision of the current subdivision
pattern; {Z) providing landowners with additional
points in the Allocation system for participation in
overall resubdivision or purchasing transferred
density; ( 3) pr·.:)viding technical assistance to
landowners in working together to resubdivide or
transfer den�1ty and (4) accepting open space
easements on restricted land to allow property tax
red1..1c t :...c,ns.

HRGP - VACANT, UNSUBDIVIDED AREAS:
ll. Maximum House Size in vacant, Unsubdivided Hillside Re�idential and Open Space Areas.

Establish a maximum house size in these areas.

12. R�qu1re the coordinated Development of Parcels in
Lacrel creek Canyon.
a. Require that applicants for subdivision
deri:onstrate how their proposals for roadf. and for
the creation of new parcels have considered
adJacent parcels and methods to minimize the
number and length of roadways and protect natural
resources in Laurel creek canyon.
50 784
b. Require tha� proposals for subdivision maximize
the preservation of natural resources,
particularly riparian habitats and protect the
visual character of the Laurel C1eek Canyon.

Encourage clustering of development when it
promotes these objectives.

SITE :JEVELOPMENT STANDARDS:

13. Design of Structures.

14. control Building Height.
a. Ensure that the permitted height of structures
reflects lot slope and restricts the overall bulk
of structures in hillside locations.
b. CoLtrol the design of structures so that large
vertical surfaces and roof surfaces arE- broken up
and terracing of hom�s in hillside areas is
enccur3.ged.
51 785

INFRASTRUCTURE
The city will:

GOALS AND OBJECTIVES:

1. Adequate Improvements.

Ensure that adequate infrastructure improvements are
available before permitting development to proceed.

Protect Natural R�sources and Existing Neighborhoods.

Design and locate infrastructure improvements to
protect natural resources and existing neighborhoods.

3. Limit City cost.

Mi:1imize the City's costs for building and maintaining infrastructure improvements for new development.

4. Safety of Road Improvements.

Ensure that road improvements are geologically safe
and de no� create traffic safety hazards.

PCLICIES:

WATER AND SEWER.
l. Financing of Improvements.

Ensure that the installation of water and sewer
utilities to serve the development of private property
will be financed by the benefitting property owners.
suet irnprovem�n�s include, but are not limited to:
water main extensions, individual supply lines, fire
hydrants, nE-w sewage collection lines and pump
statio11s.

2. Locat�on of Water Mains and Sewage Collection Lines in the Street Right-of-Way.

Require that water mains and sewage collection lines
be located in the street right-of-ways for ease of
maintenance.
52 786
STORM DRAINAGE:

3. Required Stc,rrn
Development.

Drainage Investigations for New
Require t:hat applications for new la11d subdivisionf.
and other development impacting storm drainage include
information on the impact of this development on storm
drainage and actions that can be taken to insure that
negative storm drainage impacts are mitigated.

4. Regulation of Development to Minimize Storm Drainage Problems.
a. Prohibit development on creeks or storm drainage
swales.
b. Require improvements to insure that storm
i5 directed around structures and into a
drainage system.

5. Financing of storm Drainage ImprovementE.
water
storm
Ensure that the cost of storm drainage improvements co
Ee�ve ne� d�velopment is financed by the benefitting
propE-rty owners.

E. Implemen�at�on of
Rc-commendat1ons.

Drainage Task Force
Encourage the implementation of the recomrnendatione
£01- stern, drainage improvements in the San Juan area
made by the storm Drainage Task Force.

RO.!\DS:

7. Froh1b:t the Extension of Roads into Areas with Moving r,ee,p Landslides.

Prohibit the construction of roads in areas of deep,
mov1ng landslides (MD - See Figure 4). Require the
removal of such hazard£. prior to the extension of
roads, CODEisteLt with Table E.

8. Mitigate Moderate Geclogic Hazards Prior to Road
Improvement.

Implement appropriate mitigation. as recommended by
th� geotechnical investigation, for each application
to improve and extend roads into areas of moderate
787
geologic hazards. These are areas categorized as sex,
Sff, Pfs, Ps, Pd, Pdf ane Ms (See Figure 4).

9. Mininiize Road
Resources.

Improv12ments to Frotect Natural
iO.

Minimize the improvement of existing unimproved roads
and the development of new roads where: (a) there
are steep slopes, and substantial grading would be
required; (bl stands of existing trees or other major
vegetation resources would be removed or {c) existing
cr-2et�. and riparia11 corridors would be affected.

Require overall Road Improvement, Plans and Financing
Prior to Granting any Building Permits on Unimproved
Roads.

Require property owner(s) to resolve the design and
financin£ of road improvements along the entire
unimproved road on which their property is located
prior to receiving a building permit for a new
structure or enlargement of an existing structure.

This requirem�nt is established in order to assure
safe access fo� emergency vehicles and the
constructio:-: of safe roads and adequate storm drainage improvements. This requirement can be accomplished in
eithe1 of the following ways:
a. the property owner ( s) subm.i. t and the City
a.pp::.:·v�s c.. pl an for improving the entire roadway wlnch includes: ( 1) a design fc,r the physical
imp�ovement of the entire road to provide safe,
all weather access prior to building
cor1stru::ti:::in; ( 2) evidence that the road is
geologically safe and does not pass through
movirig deE-p landslides (Mc - See Figure 4); ( 3) a
method and timetable for financing proposed road
im?�ove�ents; and (4) a method and financing for
road maintenance, if the road is to be maintained
ct� a p1iva�e road.
b. The prcpe�ty owners submit and the City approves
a plan for improving a section c,f the roadway
b'='tween an existing paved road and an area where
ptysical constraints make further road extensions
infeasible or undesirable. Examples of these
constraints are extremely steep slopes and areas
categorized on Figure 4 as moving deep landslid�s
(Md). This plan shall include: ( 1) a design for
the physical improvement of the proposed road
sectioL tc provide safe, all weath�r access prior
to buildi11g construction; (2) dt-monstrat.i.on that
54 788

11. C.
tLe ro�d secti0n will be geologically safe; (3) a
method and �imetable for financing proposed road
improvements; (4} a method and financing for
maintenctnce cf the road, if the road is to be
maintained as a private road; (5) a plan for the
access for properties lo�ated along the rest of
the roadway wllich will not be served by the
prop0sed roetdway sectic,n; and (6) evidence of
participation and support for the proposed plan
by affected landowners.

Funding for public roads
district, reimbursement
mechanism.
can bi: by assessment
agreement or other
Encourag� a�d Assist Property owners of Vacant
Subdivided Property in Develo�ing Alternative Access
Plans.

Encourage and assist owners of vacant subdivided
property on unimproved roads in working together to
develop plans described in Policy 1O.b for cul-de-sac
roads to av�ie road development on steep slopes and in
geologically hazardous areas, while assuring that the
baE-ic acc�sE rights of all abutting property owners
are respected.

12. Development of Road Acce�E to Property in Laurel creek canyon.
a. Encourage property owners in Laurel Creek canyon
to co�rdinate plans for development of road
access to achieve the minimum length of roadway,
and the most environmentally sound road
alignment.
b. setback ail roads from East Laurel Creek and
protibit roads from culverting, filling, or
channeliz1Lg East Laurel Creek.
c. LocatE: I'C·ad.� away from Sugarl0af Mountain.

Discourage the improvement of East Laurel Creek
Road north of Marsten Avenue to protect Sugarloaf
Mountain. Pursue alternative access for vacant
lots along this section of East Laurel Creek
Road.

13. Provide Emergency Access Between the Skymont
Neighbc,�hood and the Rest of the San Juan Area.

Maintain and grade the unimproved portion of Marsten
Avenue �nd the section of East Laurel Creek connecting
55 789
the Skymont Are� and san Juan Boulevard as a gated
unpaved road for emergency vehicular use only.

14. Maintaining Marburger Road as a Gated Road.

The City prefers that Marburger Road be maintained as
a gated r�ad with through access for emergency
vehicles only.

15. Limit Access Directly to Ralston Avenue.
a. Discourage additional access points on to Ralston
Avenue. Pursue, to the maximum extent possible,
alternative access for undeveloped parcels.
b. Allow a dirE-ct access from the "Horse Roach" onto
Ralston Avenue, with the traffic flow limited to
westbound traffic only. Provide other access via
Christian Drive and Marsten to other properties
&nd fo: eastbound traffic to the property.

16. Hillside Read Standards.
a. Develop special hillside road improvement
standards, including but not limited to
right-of-way width, on-street parking, sidewalks,
paving requirements and maximum street grade.
such standards will apply to both private and
p�blic street�. They should permit road
standards tc be �esponsive to local physical
c::>nditions.
b. Miairnize the right-of-way and the paved area of
the road in order to lessen the amount of grading
and vegetation removal, while maintaining
ad�quate width for emergency vehicles and
required parking.
� Provide 6ome on-street parking. consider parking
bays at intervals along the road as a mechanism
for providing this parking, particularly to
facilitate the construction of narrower roads in
steE=p locations.
d. co1:.s idE-r the use of paths and narrower sidewalks where this is an appropriate alternative to
sidewalks in steep areas.

17. Requ�re that
Improvements.

New Development Finance Road
Requir9 that applicants for new
benefitting from road extension and road
56 development
improvement
790
finance th� cost of such improvements, including but
not limited to road design, drainage, mitigation or
elimination of geologic hazards, and construction.

18. Publi� Roads. Acceptance of Road Dedication .
.n.ft er new roads, ( including the improvement of
currently unpaved roads) have been improved to
standards acceptable to the City, the City shall
accept road dedications and the responsibility for
rn3.intain.:i.ng these roads as public roads.

19. Requiring Undergrounding of Utilities.

Require that all new utility lines and extensions of
u�il�ty lines be placed underground.
57 791
792
Exhibit B

1. Amendments to the existing General Plan text.
793
794
(
I. PURPOSE:

AMENDMENTS TO THE EXISTING GENERAL PLAN TEXT
To ensure compatibility with the proposed San Juan Hills Area Plan some amendments to the existing City of Belmont General Plan Text will be necessary. The existing General Plan contains policies for the San Juan Canyon area which would be superseded with the adoption of the proposed Area Plan. While some references to the San Juan area will remain in the General Plan text, the following proposed amendments will eliminate any areas of potential conflict.

II. ANALYSIS:

Areas of potential conflict, overlap, or redundancy are listed below, together with a suggested amendment. Each existing general plan text excerpt is followed by a suggested amendment and a discussion explaining the basis for the proposed change.

A. Page 2-4, Policy 7: "In low density residential areas dwelling types should be limited to single family detached. However, clustering or grouping of dwelling units may be permitted to preserve open space. In no case shall such clustering or grouping result in-a higher dwelling unit density than called for by the standards of the land use district."
Suggested amendment: Add: "Areas subject to density transfer in the San Juan area shall not exceed the density allowed by the San Juan Hills Area Plan."
Discussion: Some areas within the San Juan Hills Area Plan boundaries would be allowed density bonuses under the proposed land use controls. Land areas which are subject to the
specified residential density may also be designated a density receiving site and be allowed additional units beyond the baseline density. Therefore, to avoid confusion concerning the allowed density this amendment would refer readers to the Area Plan for land use density policies.

B. Page 2-8. Section 2014: "SAN JUAN CANYON. The San Juan Canyon area contains most of the vacant subdivided lots. Figure 6 shows this area and the location of groups of vacant lots.

Table 5 lists by street the vacant lots, both standard -and substandard, in this area. As of 1979, there were a total of 463 vacant lots, 282 of them classified as substandard in area or width. Of the 463 lots, 401 were on unimproved roads. Only 20 of the vacant lots were both standard and on paved roads.

Low density residential development of these lots may proceed j
795
� c.

D.
only when it has been demonstrated that safe development can take place consistent with the policies of this plan, and that adequate access, utilities, fire service and other essential services are available. In no case will development be approved until it has been demonstrated that buildings and roads will be on geologically stable lands."
Suggested amendment: Amend to read - "SAN JUAN CANYON. The San Juan Canyon area contains most of the City's vacant, subdivided lots. The Area Plan shows this area and the location of vacant lots, improved roads, and potential geologic hazards. Low density residential development in this area may proceed only when it has been demonstrated that safe development can take place consistent with the policies of the Area Plan, and that adequate access, utilities, fire service, and other essential services are available." Table 5 and Figure 6 should also be deleted.

Discussion: The current General Plan references to lot
statistics are obsolete and should be deleted. New data in the Area Plan will replace the deleted data. Information regarding potential geologic hazards is retained in a modified form referencing the requirements of the Area Plan.

Page 2 ends

Belmont City CouncilFebruary 13, 2024

Belmont City Council
February 13, 2024