Prometheus also invoked the State Density Bonus Law (Gov. Code, § 65915), and applied the density bonus and an incentive to increase the density and floor area ratio to accommodate the bonus units, and also applied three development standard waivers under the statute to address the City’s height, bulk, and wall height standards.
Not only was the project subject to the “by right” processing requirements of State law and the Density Bonus Law, but it was also subject to the Housing Accountability Act’s (Gov. Code, § 65589.5) express limitations regarding review of qualifying housing development projects, such as Prometheus’ project. In short, the Planning Commission could not disapprove the project or seek a reduction in the project’s density unless it could make one of three findings supported by a preponderance of evidence in the record. (Gov. Code, § 65589.5(j)(1).) None of the findings could be made here.
Applying these State laws, Staff and the Planning Commission supported the project, the latter by a 5-1 vote.
II. Appeal
On the last day of the appeal period, appellant Ricket filed an appeal of the Planning Commission’s approval, stating: “I am appealing today because state law does not require approval of this non-compliant plan. Instead, because the plan violates objective standards, moving forward with it creates greater risk of future lawsuits.” (Appeal, p. 2, emphases in original.) Appellant argues that despite the project’s “by right” status under State law, the City is not required to approve the project because it is inconsistent with the Belmont Village Specific Plan’s active use frontage overlay development standard. These arguments are addressed below.
III. Analysis
A. The Project is Not Inconsistent with Any AUFO Objective Development Standards
Appellant’s main argument is that the project “violates the BVSP’s objective standards for the ‘Active Use Frontage Overlay’ (AUFO), which have not been waived.” (Appeal, p. 2.) The AUFO is described on p. 2-18 of the BVSP, and it “requires that the ground level has uses that are accessible to the general public… [and that] all spaces must be designed to accommodate active uses, as outlined in Chapter 4, Urban Design. See Table 31-1, Village District Use Regulations, in Appendix A for further specification.” Appellant does not cite any specific section of the BVSP, but we assume that he is referring to this provision.
The AUFO expressly refers to City Zoning Ordinance Table 31-1 “for further specification” of its requirements, as noted above. Table 31-1 was amended after the BVSP was adopted to add 203
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Note 2, which expressly states that for “by right” projects, “multiple-unit dwellings are permitted on the ground floor, and such projects are exempt from CEQA.” (City Zoning Ordinance, p. 31-16.) Thus, the BVSP expressly defers to Table 31-1 for specific application of the active use requirement, and the Table explicitly allows ground floor residential uses for “by right” projects.
There is no conflict with the AUFO.
B. Appellant’s Density Bonus Law (DBL) Arguments are Misplaced Appellant claims that “the AUFO does not qualify for a waiver” (Appeal, p. 2), but there is no “AUFO waiver” cited in the Staff Report or the approval Resolution. As set forth above, the project is compliant with AUFO, thus no DBL incentives or waivers were necessary to address the AUFO.
With regard to the City’s consideration of DBL waivers more generally, Appellant misstates the law. He claims that waivers are limited to development standards that “would block the construction of the bonus units” (Appeal, p. 2), but waivers are not so limited. As explained by the State, the “City is also strictly limited in denying requested development standard waivers; it cannot apply any development standard that would physically preclude the Project as proposed unless granting the waiver would have a specific adverse impact on health or safety which could not be mitigated.” (2/27/25 HCD Letter of Support of Technical Assistance to City of Riverside, p .2 [emphasis added].) All three of the waivers requested by Prometheus were considered by the City pursuant to this standard, and all three were properly granted. (Had Prometheus requested a waiver/ incentive of a City requirement of active ground floor uses, it too would be granted because such a requirement would preclude development of the project as proposed by Prometheus.) Appellant then argues that the project does not qualify under the DBL because the base project does not comply “with all existing objective regulations with no waivers.” (Appeal, p. 2.) Appellant overstates his case. Neither the Staff Report nor the DBL refer to a requirement that a base project comply with all existing objective regulations. Instead, both refer to “relevant” or “applicable” objective development standards. (Staff Report, p. 6; Gov. Code, § 65915(o)(6)(A).) To provide the Council with context, a density bonus is based on a project site’s “maximum allowable residential density” or “base density,” which is typically calculated using dwelling units per acre. (Gov. Code, § 65915(o)(6).) If a city’s planning and zoning regulations do not provide a dwelling units per acre standard to calculate density, then the city calculates the number of units by applying applicable development standards, such as maximum building height and setbacks, to establish a base density for a project. (Ibid.) If the developer provides a base density study to a city, the city must accept it if the city determines that the study includes all applicable objective development standards. (Ibid.) That is the process that the City correctly followed here.
Appellant does not identify which applicable objective development standards are in conflict with the project’s base density study. He refers to an “inward-facing gym and lack of 50’ retail 204
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depth” (Appeal, p. 2), but does not explain how either is applicable to a base density calculation. If the retail depth reference relates to the AUFO, then that argument has already been addressed in Section III.A above.
Appellant also attempts to apply his “objective standards consistency” argument to the project’s “by right” status (Appeal, p. 2), but again misstates the law. Government Code section 65583.2 does not provide that a project must be consistent with all objective development standards.
It instead states that any design review, if authorized, must be limited to objective design standards. (Gov. Code, § 65583.2(i).) This requirement is recognized in the Planning Commission Staff Report at pages 3-4. Appellant may be confusing “by right” processing with processing a housing development project under subdivision (j) of the HAA, which has a threshold requirement that a project be consistent with applicable objective development standards. (Gov. Code, § 65589.5(j)(1).) Even under that statute, a project may use DBL waivers to negate any otherwise inconsistent development standards, as here. (Gov. Code, § 65589.5(j)(3).) Therefore, Appellant’s claims regarding the project’s consistency with development standards are unavailing.
IV. Summary
The Planning Commission approved a project that it was legally obligated to approve pursuant to State law. As a result, the site will be invigorated with 140 residential units, including 25 affordable units. One person appealed this approval, yet the appeal is based on a misinterpretation of the governing law. The appeal should be dismissed.
Very truly yours,
David H. Blackwell
cc: Don Peterson
Jonathan Stone
Scott Rennie, City Attorney
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Attachment F
DEVELOPMENT STANDARDS EVALUATION REVISED
LOT SIZE, SETBACKS, DENSITY, AND LOT COVERAGE
Development Criteria Village Station Core Proposed
Minimum Lot Area (sq. ft.) 7,200 54,139
Minimum Lot Width (ft.) 60 N/A
Minimum Setback None except when a lot abuts a lot in a residential zoning district
Minimum; Maximum
Residential Density (du/acre)
N/A N/A
Maximum Site Coverage (% of
Lot) 80 78.9
BUILDING FORM AND STREET FRONTAGE STANDARDS
Development Criteria Village Station Core Proposed
Minimum; Maximum Floor
Area Ratio (FAR)
0.5; 1.5
Up to 3.0 with
density bonus1
2.731
Minimum; Maximum Building
Height (ft)
20; 50 602
Minimum Ground Floor
Height (ft)
- Active Use Frontage
Overlay Zone
- Non-Residential
- Residential
16’
16’
10’
>16’
N/A
10’
Building Bulk (maximum
floorplate as percent of
ground level floorplate)
1-story: 100%
2-story: 100%
3-story: 85%
4-story: 70%
100%
90%
82%
77%3
Limitations on Blank Walls 25% recess
1’ in depth
5’ width
Primary >25%
Corner > 25%
Type of Street Main Avenue Main Avenue
Build-to Lines (Percentage
of building frontage within
10 feet of sidewalk)
90% 70% Masonic 90% Hiller 35%5
Granada 100%
Wessex 45%5
Ground Floor Transparency Required Required N/A4 & 6 N/A4 & 6 206
2 STREETSCAPE AND STREET FRONTAGE DEVELOPMENT STANDARDS Development Criteria
• Type of Street
Village Station Core Proposed
Main Avenue Main Avenue
Street Frontage
Ground Floor Active Uses
along the Main Building
Frontage
100% where
Active Use
Frontage
Overlay
applies;
75%
elsewhere
50% Masonic Way
100%7
Hiller St
N/A4
Granada St
N/A4
Wessex Way
N/A4
Minimum Ground Level
Window Transparency
75% 50% Masonic Way
Complies;
Granada N/A6
Wessex N/A6
N/A6
Building Frontage Width (%
of lot width) -minimum
90% 70% N/A5 N/A5
Retail Depth from Front
Entrance
50 feet
minimum
60 feet
minimum
N/A N/A
Min % of Front Facade
Located at or Within 10 Feet
of the Sidewalk
90 70 Masonic 100% Hiller 35%5
Granada 100%
Wessex 45% 5
Front Setback (5 ft. max; 10
ft. max. permitted outdoor
seating areas and public
plazas.)
0-5’ & 10’ 0-5’ & 10’ Masonic 10’ Hiller 3’ to
24’5
Granada 4’
Wessex 5’ to
14.5’5
Street Wall Height 2 story
minimum, 3
story
maximum
1 story
minimum,
3 story
maximum
2 story8 2 story8
OPEN SPACE & OUTDOOR LIVING AREA STANDARDS
DEVELOPMENT
CRITERIA
Village Station Core Proposed
Minimum Publicly
Accessible Open Space
(i.e., plaza area); Lots
≥12,000 sq. ft.
300 sq. ft. 694 sq. ft.
Minimum Dimensions -
open space area
15 sq. ft. >15 sq. ft.
Minimum Outdoor Living
Area per Unit
36 sq. ft. / unit = 5,040 sq. ft 43 sq. ft. / unit = 6,116 sq. ft 207
3 OPEN SPACE & OUTDOOR LIVING AREA STANDARDS
DEVELOPMENT
CRITERIA
Village Station Core Proposed
Minimum Landscaping
(10% of Lot)
10% (5,414 sq. ft.) 10% (5,414 sq. ft.)
Minimum Number of Trees
for every 400 sq. ft. of
Landscape Area
1/400 sq. ft. or 14 trees 38 trees
VEHICLE PARKING STANDARDS
Residential Criteria Village Station Core Proposed
Minimum9
Studios: 0.5 spaces min. per
unit
One Bedroom: 1 space min.
per unit
Two Bedroom: 1.5 spaces
min. per unit
20 68
50 Total: 138 parking spaces
138 parking spaces
Parking Desing Standards
Regular Parking Spaces Minimum 8.5’ X 18’ 8.5’ X 18’
Compact Parking Spaces Minimum 8’ X 16’ 8’ X 18’
Aisle Width – 90 Degree Minimum 24’ 24’
Loading Space Minimum 10’ X 25’ 10’ X 25’
Parking Structure driveway Maximum 24’ 24’
Access Required Standard met
Parking Location Behind, Wrapped with Active
Uses, or Underneath Building
The proposed parking is
interior and underneath the
building
Vehicle Flow Standards required Standard met
Bicycle Parking Standards
Long Term (Class 1) 7 Required 142
Short term (Class 2) 2 Required 2 1
The project is entitled to a Density Bonus and/or increase in FAR per Gov. Code Sec. 65915(o)(6)(B). 2 The project is entitled to Density Bonus Waivers for the “Height” standard. 3 The project is entitled to Density Bonus Waivers for the “Building Bulk” standard. 4 This project qualifies for 'by-right' processing, which allows ground-floor residential uses per Table 31-1 of the Zoning Ordinance.
5 The Community Development Director has determined that street frontage standards are not applicable due to the shape of the property and the four street frontages. Application of build-to lines would require an oddly shaped building 208
4 that would not be feasible so this standard is not applicable. These standards are also in conflict with the lot coverage standard because strict application would require the building to be built out on all four sides when a typical project only has one or two street frontages. Building out to all four frontages would exceed lot coverage or require an empty space in the middle of the building.
6 The Community Development Director has determined that transparency standards are not applicable because the building is allowed to be entirely residential per Table 31-1. Requiring transparent windows that allow pedestrians to see into the building conflict with the principally permitted and proposed residential use. 7 The Active Use Frontage Overlay (AUFO) allows a range of active uses including the entrance lobby to the upper floor residential. The gym area has similar characteristics to the lobby use and is also considered an active use consistent with the AUFO. Table 31-1 also allows entrance lobbies to multifamily uses as a permitted use. 8 The project is entitled to a Density Bonus Waiver for the “Street Wall Height” standard. 9 The project site is located within 0.5 mile of a Major Transit Stop (Belmont Caltrain Station). Thus, the project is not required to meet the City’s standard parking requirements under AB 2097. Senate Bill 2097 was approved by the State of California in 2022 (Government Code Sections 65585 and 65863.2) and prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on any residential, commercial, or other development project that is within one-half mile (0.5) of a Major Transit Stop. 209
1301 Shoreway Development Agreement Terms - Staff Report
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Kathy Kleinbaum, Assistant City Manager
Agenda Title: 1301 Shoreway Development Agreement Terms Agenda Action: Discussion & Direction
Recommendation
Provide direction on the proposed Development Agreement terms under negotiation for the 1301 Shoreway commercial development project.
Strategic Focus Area
Economic Development and Housing
Background
In June 2022, Four Corners Development Properties submitted a planning application to redevelop the existing office building located at 1301 Shoreway Road. The project site is 6.9 acres and currently contains a four-story office building (approximately 149,000 square feet) and surrounding surface parking lots.
When redeveloped, the project will consist of approximately 542,100 square feet of newly constructed Class A buildings for office, research and development and/or life science/laboratory uses.
The proposed project will replace the existing office building with 2 new commercial buildings, a new parking garage and related site and landscaping improvements. In addition to the on-site improvements, the project will renovate and improve the adjacent Belmont Creek trail with new trail surfaces, native landscaping, seating areas, fitness nodes, signage, and a renovated sports court that will be made accessible to the public.
Building 1, which will front Shoreway Road, will be an eight-story building (133 feet tall) with approximately 270,500 square feet. Building 2, which will front Sem Lane, will be a seven-story building (117 feet tall) with approximately 271,600 square feet. Both buildings will also have a mechanical screen that would add approximately 11 feet in height. The project also includes a nine-level parking garage (89 feet tall) situated to the south of Building 1 and surface parking, totaling 1,626 spaces. Between the buildings and parking garage, the project will include an outdoor courtyard programmed for building tenants activated with walking paths and site furnishings complemented by programmed landscaping with unobstructed views of the Belmont Creek trail.
The project entitlements will rezone the site from Regional Commercial (RC) to a Planned Unit Development (PD) zoning designation to allow for the greater building heights and life science/laboratory uses. The PD District is designed to accommodate various types of development, such as professional and administrative areas, commercial service centers, industrial parks, and others, and allow flexibility of 210
1301 Shoreway Development Agreement Terms - Staff Report design, in accordance with the objectives and spirt of the General Plan. Under the existing RC zoning, the maximum height allowed is 55 feet which would allow for only 3 stories of development given modern floor to ceiling heights, less stories than what is currently existing on site.
Staff is working on a proposed amendment to the Regional Commercial zoning district that would allow applicants to submit a discretionary request to allow for projects to exceed the 55-foot height limit. The City Council gave direction and support for the proposed RC zoning district amendments at the April 22, 2025 City Council meeting. However, staff is still in the process of completing the environmental review necessary to adopt the zoning code amendments which is anticipated to take another calendar year. As a result, staff encouraged the developer to proceed with the PD zoning amendment to allow this project to move forward in advance of the completion of the RC zoning amendments.
The project has been before the Planning Commission three times to date. First as a study session in May 2024, then for the public scoping meeting for the Environmental Impact Report (EIR) in July 2024, and finally for a public hearing to receive public comments on the Draft EIR in November 2024. A site plan and renderings of the project are included as Attachment B to this report. More detailed information on the proposed project, including links to prior Planning Commission meetings are available on the City’s Development Projects website page.
Analysis
Modeled after the City Council’s direction for the proposed RC zoning amendments, the intent of the PD zoning is to allow for more permissive height and Floor Area Ratio (FAR) standards than are currently allowed in the area to the east of the 101 through a legislative action, requiring a public hearing by the Planning Commission, followed by City Council consideration at two meetings. As part of this legislative process, City staff have worked with the applicant to develop a community benefits package based on the Community Benefit Program implementation strategy reviewed by the City Council on February 25, 2025.
The community benefits package will be included in a Development Agreement that would be approved as part of the entitlements for the project. The draft term sheet outlining the project community benefits and other Development Agreement terms is included as Attachment A to this report.
The community benefit package negotiated is consistent with the Community Benefit Program implementation guidance and based on the premise that the City and Four Corners Properties would share in the increased value of the project created as a result of the more permissive development standards allowed under the PD zoning. Additionally, given the uncertainty in the current real estate market and existing high commercial vacancy rates, Four Corner Properties has requested to vest their entitlements for a 10-year period to give them flexibility to move forward with construction when the market recovers.
The proposed community benefit package includes a $6.3 million in a cash contribution to the City, provided at the time of building permit issuance, to be used towards any of the City’s identified community benefit priorities, which include:
• Community Center reconstruction
• Public infrastructure (stormwater, roadways, transportation, etc.) • Public recreation opportunities (parks and plazas, access to fields, courts, etc.) 211
1301 Shoreway Development Agreement Terms - Staff Report • Funding for ongoing City services and operations
• Affordable childcare
The contribution would escalate to $7.0 million if the developer does not submit for building permits within the first seven years of the Development Agreement term. This contribution equates to roughly $13 per building square foot in years one to seven and $14 per square foot in years eight to ten. The developer will prepay a portion of the community benefit payment, in exchange for extending the entitlements out beyond year seven. The amount of the proposed contribution on a per square foot basis is on par with recent community benefit negotiation outcomes in surrounding cities, including the 749 Old County Road and 841 Old County Road projects recently approved in San Carlos.
In addition to the cash contribution, Four Corners has committed to providing a minimum of 50% of their required Public Art investment (the total Public Art requirement is estimated to be $5.4 million) to the City as an in-lieu payment for use on Citywide public art projects, the remainder will be spent on site.
Additionally, Four Corners has included labor provisions in the term sheet regarding to local hire goals, participation in apprenticeship programs, having a union signatory general contractor, and reporting on their labor goal compliance to the City. The attached term sheet also includes provisions related to ensuring the Belmont Creek shoreline amenities, including the renovated sports court, remain available to the public during daylight hours and will be maintained by the property owner.
The proposed community benefit contribution is in addition to the development impact fees and other City fees that would be required to be paid by this project, including the Transportation Impact Fee, Park Improvement Fee, Housing Mitigation Fee, and Sewer Connection Fees. The total estimated fees that would be contributed by this project, including the Public Art investment, are estimated at $23.3 million.
Next Steps
Following City Council review of the term sheet, staff will proceed with finalizing the Development Agreement consistent with the direction provided by the Council. The 1301 Shoreway project is anticipated to be presented to the Planning Commission in January 2026 for review and recommendation of the entitlement application and Development Agreement.
Subsequently, staff will schedule a City Council public hearing, likely in early February 2026, to consider the Final Environmental Impact Report, rezoning, Development Agreement, and other related project entitlements. Final project approvals are expected to occur at the second reading of the associated ordinances.
Alternatives
1. Propose modifications to the Development Agreement terms for the 1301 Shoreway Project Attachments
A. Development Agreement Term Sheet
B. Project Renderings
212
1301 Shoreway Development Agreement Terms - Staff Report Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
A fiscal impact analysis has been prepared that evaluated the financial impacts the project may have on the City’s General Fund over its 30-year horizon and determined that the project would have a net positive fiscal impact, not including any community benefit contributions under negotiation.
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
213
Preliminary Term Sheet for 1301 Shoreway Development Agreement With Four Corners Properties
October 2025
These draft terms are for information and feedback and does not require City Council action at this time.
1. Term of Agreement:
Four Corners requests a 10-year period for the project entitlements. • The initial term of the Development Agreement will be 7 years with three (1) year extension options for a maximum term of 10 years.
• In consideration for the extension options, Four Corners shall advance $50,000 of their proposed community benefit financial contribution (as outlined below) to City to be paid at the beginning of each annual extension.
• All of the extension payments will be applicable to the final Community Benefits contribution obligation per the provision below.
2. Community Benefit Financial Contribution:
• Four Corners shall contribute $6.3 million in discretionary funds to be used by the City to further the City Council’s adopted Community Benefit priorities if the project submits for building permits within the first 7 years of the Development Agreement Term. • If Four Corners ceases to continue the plan check permit process anytime during a 6-month period from its prior plan check submission, then the Community Benefits contribution will increase per the provision below.
• The contribution will increase to $7.0 million if the project submits for building permits in years 8 to 10 of the Development Agreement term.
• Payment of contribution due upon issuance of building permits
3. Development Impact Fees:
• Development impact fee rates set at time of project entitlement, plus an annual escalation for CPI
• These fees include Park Impact fees, Affordable Housing mitigation fees, and Traffic Impact fees and shall be paid upon issuance of the building permits
4. Public Art:
• 1301 Shoreway to comply with City's Public Art ordinance which requires payment of 1% of building development costs (defined as those construction costs used to determine building permit fees).
• Four Corners will provide a minimum of 50% of the required Public Art investment to the City as an in-lieu payment for use on Citywide public art projects, the remainder will be spent on site with City approval of location, design, and timing. All in-lieu payments are due at building permit issuance.
5. Labor Provisions:
Four Corners agrees to require its general contractor performing construction work on the Project to:
• Make commercially reasonable good faith efforts to achieve at least 30% local hire goals (San Mateo County residents).
• Make commercially reasonable good faith efforts to participate in apprenticeship programs. • Be a union signatory general contractor.
• Provide relevant updates to the City prior to start of, and during, construction in support of the labor goal compliance.
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6. Public Realm Amenities:
• The project includes public amenities along the shoreline including the public access trail, sports court, fitness nodes, 5 public parking spaces, and 10 bicycle parking spaces. • Developer shall construct and complete all outdoor public amenities and public access improvements prior to issuance of the first certificate of occupancy for any building within the project.
• The improvements will be accessible to all members of the public during daylight hours. • Developer shall be responsible for long-term maintenance of such amenities. 215
1301 SHOREWAY ROAD, BELMONT, CALIFORNIA
216
FOUR CORNERS PROPERTIES 1301 SHOREWAY ROAD, BELMONT, CA DG ARCHITECTS 2
PROPOSED SITE PLAN
1301 SHOREWAY ROAD, BELMONT – RENDERED SITE PLAN
BUILDING 2
BUILDING 1
GARAGE
US 101
BELMONT
CREEK
SHOREWAY
DRIVE
SEM LANE
217
FOUR CORNERS PROPERTIES 1301 SHOREWAY ROAD, BELMONT, CA DG ARCHITECTS 3
PROPOSED BUILDING RENDERINGS
1301 SHOREWAY ROAD, BELMONT – BUILDING 1 AND GARAGE @ SHOREWAY 218
FOUR CORNERS PROPERTIES 1301 SHOREWAY ROAD, BELMONT, CA DG ARCHITECTS 4
PROPOSED BUILDING RENDERINGS
1301 SHOREWAY ROAD, BELMONT – BUILDING 1 AND GARAGE @ SHOREWAY 219
FOUR CORNERS PROPERTIES 1301 SHOREWAY ROAD, BELMONT, CA DG ARCHITECTS 5
PROPOSED BUILDING RENDERINGS
1301 SHOREWAY ROAD, BELMONT – BUILDING 2 AND GARAGE @ BELMONT CREEK 220
FOUR CORNERS PROPERTIES 1301 SHOREWAY ROAD, BELMONT, CA DG ARCHITECTS 6
PROJECT DATA TABLE
1301 SHOREWAY ROAD, BELMONT
BUILDING DETAILS
Building 1 8 FLOORS 128 FT 270,452 SF
Building 2 7 FLOORS 112 FT 271,583 SF
Garage 9 FLOORS 85 FT 442,690 SF
Subtotal Building SF 542,035 SF
TOTAL SF 984, 725 SF
SITE DETAILS
Site FAR 1.8 SF 542,035 SF
Site Area 301,130 SF 6.9 Acres
Site Parking 3/1000 1,625 Cars
Open Landscape Space 83,594 SF
BUILDING PROGRAM / USE
Offices / Life Sciences Laboratory Type 1B Occ. B, S2
221
2025 Belmont Code Adoption - Staff Report – Local Amendments to 2025 California Building Standards Codes
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Dino Francesconi, Chief Building Official, (650)-595-7450, [email protected]
Agenda Title: Local Amendments to 2025 California Building Standards Codes Agenda Action: Ordinance
Recommendation
(1) Sitting as the City Council, introduce an ordinance adopting the 2025 California Building, Plumbing, Mechanical, Electrical, Residential and Wildland-Urban Interface Codes by reference with local amendments, designating fire hazard severity zones, amending City Code administrative and enforcement provisions, and ratifying Fire Code amendments by San Mateo Consolidated Fire Department applicable in the city.
(2) Sitting as the Board of Directors for the Belmont Fire Protection District, introduction an ordinance ratifying the 2025 Fire Code and Wildland-Urban Interface Code amendments by San Mateo Consolidated Fire Department applicable in the District’s unincorporated areas and designating fire hazard severity zones.
Strategic Focus
Public Safety
Background
On January 1, 2026, the 2025 California Building Standards Code, a set of building regulations primarily contained in California Code of Regulations (CCR) Title 24, will go into effect. These regulations, which include the California Building, Residential, Electrical, Mechanical, Plumbing, Fire and Wildland-Urban Interface Codes, are applicable to all occupancies in all cities and counties whether or not a local agency takes affirmative steps to adopt the codes.
The California Wildland-Urban Interface Code (WUI Code) is a new addition to the California Building Standards Code in 2025, replacing Chapter 49 of the California Fire Code, Section 337 of the California Residential Code and Chapter 7A of the California Building Code. The California WUI is based on the International Wildland-Urban Interface Code which has evolved over the years to address the growing threat of wildfires. The International WUI was initially developed in 2008 and has undergone multiple revisions to incorporate the latest scientific and construction methods. The California WUI Code is a collaboration between the California Building Standards Commission and the office of the State Fire Marshal, ensuring that the code reflects the latest research and engineering advancements. 222
2025 Belmont Code Adoption - Staff Report - Local Amendments to 2025 California Building Standards Codes Up until this year, local agencies could amend the California Building Standards Codes if they made findings that the amendments are necessary to address local climatic, geological, or topographical conditions. However, with the enactment of AB 130, between October 1, 2025, to June 1, 2031, local agencies are generally prohibited from adopting local amendments to the current codes that apply to residential units unless certain conditions are met, which include that the amendments are: (1) substantially equivalent to modifications previously made and in effect as of September 30, 2025, or (2) relate to home hardening. All of the amendments to the proposed amendments to the 2025 codes fall into one or both of the above exceptions. Staff will provide the Council proposed findings for the amendments at the Council’s November 25, 2025 regular meeting to consider concurrently with adoption of the amendments.
The City of Belmont is part of the Silicon Valley Uniform Code Adoption and Interpretation Program, which strives to achieve uniformity among the local jurisdictions in the enforcement of the codes. To that end, minimizing the number of amendments to the state codes is the prime goal. Staff has carefully vetted the proposed amendments to ensure they continue to be necessary to address local conditions unique to our region on the San Francisco Peninsula.
This year as in previous years, the San Mateo Consolidated Fire Department is taking the lead on adopting local amendments to the California Fire Code which will be applicable in the City upon ratification by the Council which action is included in the proposed ordinance. Because there is substantial overlap in the fire prevention and protection requirements in the Fire, Building, Residential and Wildland-Urban Interface Codes, the City and the Fire Department coordinate their respective local amendments to fire prevention and protection requirements in those codes. Similar to the City, the Fire Department seeks to achieve consistency with other local fire departments when amending the codes to address local conditions on the Peninsula.
Analysis
Local Amendments to the Codes
The amendments to the various building standards codes are summarized below.
Building Code (CBC) and Residential Code (CRC). The City, in coordination with the Fire Department, has traditionally adopted more stringent standards in the Building Code and Residential Code for building address visibility, fire sprinklers, standpipes, fire alarm and detection systems, and roof coverings which improve home hardening and emergency response to address local conditions that affect fire risk and prevention. The City has also adopted the patio roof cover provisions in CRC Appendix Chapter BF for unconditioned patio spaces, and the sound transmission provision in CRC Appendix Chapter BG and the swimming pools, spas, and hot tubs provision in CRC Appendix Chapter CI. The provision in Appendix Chapters BG and CI parallel requirements in the CBC adopted by state agencies for residential occupancies subject to the CBC.
All of the proposed amendments to the 2025 Building and Residential Codes continue amendments to the previous codes.
223
2025 Belmont Code Adoption - Staff Report - Local Amendments to 2025 California Building Standards Codes Plumbing, Mechanical and Electrical Codes. Nearly all of the amendments to these codes are administrative and do not affect building standards. The one exception is the addition of water hammer prevention requirements to the Plumbing Code. This amendment to the Plumbing Code, and the administrative amendments to all three codes, continue the local amendments previously made to these codes.
Wildland-Urban Interface Code. As noted above, Belmont city staff coordinate amendments to the home hardening requirements in the Wildland-Urban Interface Code with the Fire Department. The 2025 amendments continue the Fire Department’s policy of requiring occupancies in moderate and high fire hazard severity zones to comply with the requirements applicable in very high fire hazard severity zones.
The amendments address hazardous trees, nonfire-smart vegetation, and trees within the required defensible space.
Fire Hazard Severity Zones
This spring, the State Fire Marshal issued maps recommending that certain areas within the City and Belmont Fire Protection District be designated as fire hazard severity zones, which the Fire Department subsequently designated by ordinance as recommended by the State Fire Marshal and the City ratified.
The proposed city ordinance continues those designations and separately makes them by the City.
Belmont Fire Protection District. Because the Belmont Fire Protection District boundary extends beyond the city and includes unincorporated areas of the county, staff proposes that the Belmont Fire Protection District likewise continue those designations and separately make them by the District by adopting the proposed District ordinance.
Administration and Enforcement of City Code
The proposed amendments to the City Code administrative and enforcement provision: 1) reconcile inconsistent enforcement provisions in Chapter 7 applicable to the building codes, 2) consolidate those enforcement provisions into the general enforcement provisions in Chapter 1 applicable to the whole code, and 3) update and revise the provisions in Chapter 1. In general, the amendments are intended to provide flexibility in enforcement mechanisms and maximize the range of allowable administrative, civil, and criminal fine and penalty amounts to provide remedy options appropriate to the circumstances.
Resorting to these kinds of formal remedies are rare, and while staff anticipates that will continue to be the case, staff recommends the amendments to ensure appropriate enforcement tools are available when needed.
Ratification of San Mateo Consolidated Fire Department 2025 Fire Code and WUI Code Amendments
As indicated in the discussion above of the amendments to the Building and Residential Codes, the San Mateo Consolidated Fire Department has prepared amendments to the 2025 Fire Code that track amendments previously made to the Fire Code. Upon ratification by the City Council, these amendments will apply in the City. The proposed ordinance includes this ratification. The Fire Department has also prepared amendments to the 2025 California Wildland-Urban Interface Code that carry forward amendments previously made to the international code and Chapter 49 of the California Fire Code, Section 337 of the California Residential Code and Chapter 7A of the California Building Code and that 224
2025 Belmont Code Adoption - Staff Report - Local Amendments to 2025 California Building Standards Codes promote home hardening. As the City is separately adopting its own WUI Code amendments, it is unnecessary for the Council to also ratify the Fire Department’s WUI code amendments.
Belmont Fire Protection District. Upon ratification by the District, the Fire Department amendments to the Fire and WUI Codes will apply in the District’s unincorporated areas. The separate District ordinance includes this ratification.
CEQA
Adoption of an ordinance and resolution regarding Building and Fire Codes is exempt from the requirements of the California Environmental Quality Act (CEQA) under Title 14 of the California Code of Regulations, Section 15061(b)(3), in that it is not a Project which has the potential for causing a significant effect on the environment.
Alternatives
1. Direct any questions to staff for additional research and response.
Attachments
A. Ordinance
B. BFPD Ordinance
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Statutory/Contractual Requirement Posting of Agenda
225
ORDINANCE NO. ________
AN ORDINANCE OF THE BELMONT FIRE PROTECTION DISTRICT RATIFYING SAN MATEO CONSOLIDATED FIRE DEPARTMENT ORDINANCE 2025-003 ADOPTING AND AMENDING THE 2025 CALIFORNIA FIRE CODE AND 2025
CALIFORNIA WILDLAND URBAN INTERFACE CODE WITH LOCAL
AMENDMENTS AND DESIGNATING FIRE HAZARD SEVERITY ZONES
THE BOARD OF DIRECTORS OF THE BELMONT FIRE PROTECTION DISTRICT DOES ORDAIN AS FOLLOWS:
SECTION 1. SAN MATEO CONSOLIDATED FIRE DEPARTMENT ORDINANCE 2025- 003 RATIFIED
The adoption of the 2025 California Fire Code with local amendments and the 2025 WildlandUrban Interface Code with local amendments by San Mateo Consolidated Fire Department Ordinance 2025-003 as the Fire Code and Wildland-Urban Interface Code for that joint powers authority exercising the power of the Belmont Fire Protection District and providing fire protection to unincorporated areas within the District’s jurisdictional boundaries is hereby ratified by the District and applies throughout the unincorporated areas of the District.
SECTION 2. FIRE HAZARD SEVERITY ZONES.
The moderate, high, and very high fire hazard severity zones within the boundaries of the Belmont Fire Protection District as recommended by the Office of the State Fire Marshal under Government Code Section 51178 are designated fire hazard severity zones as classified and recommended by the State Fire Marshal.
SECTION 3. EFFECTIVE DATE.
This Ordinance takes effect and will be enforced 30 days after its adoption and is operative no sooner than January 1, 2026.
SECTION 4. PUBLICATION AND POSTING
The Board Secretary has caused to be published a summary of this ordinance, prepared by the Board Attorney under Government Code Section 25124, subdivision (b), once, in a newspaper of general circulation printed and published in San Mateo County and circulated in the Belmont Fire Protection District, at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the Board Secretary since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the Board Secretary must cause the summary of this ordinance to be published again with the names of those Board members voting for and against the ordinance; and the Board Secretary must maintain in the office of the Board Secretary a certified copy of the full text of this adopted ordinance with the names of those Board members voting for and against the ordinance. * * *
226
This ordinance was introduced before the Board of Directors of the Belmont Fire Protection District at the regular meeting of the Board held on October 28, 2025 and finally adopted at a regular meeting of the Board held on 2025 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
Board Secretary
Board Chair
APPROVED AS TO FORM:
District Counsel
227
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BELMONT ADOPTING THE 2025 CALIFORNIA
BUILDING, PLUMBING, MECHANICAL, ELECTRICAL, RESIDENTIAL AND
WILDLAND-URBAN INTERFACE CODES BY REFERENCE WITH LOCAL
AMENDMENTS, DESIGNATING FIRE HAZARD SEVERITY ZONES, AMENDING
BELMONT CITY CODE ADMINISTRATIVE AND ENFORCEMENT PROVISIONS,
AND RATIFYING SAN MATEO CONSOLIDATED FIRE DEPARTMENT ORDINANCE 2025-003 ADOPTING AND AMENDING THE 2025 CALIFORNIA FIRE CODE THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. REPEALS
All ordinances or parts of ordinances of the City of Belmont that are in conflict with this ordinance are repealed to the extent that they are in conflict with this ordinance.
SECTION 2. DRAFTING SYNTAX
Belmont City Code (BCC) section text is italicized in this ordinance to assist the reader in distinguishing between City of Belmont modifications to the California Building Standards Code and the City Code section text adopting the modifications.
For each section of the California Building Standards Code that is modified in part by the City of Belmont, whole subsections that are not modified are indicated by the subsection number followed by "{text not modified}"with the appropriate acronym for the specific code, which is to be codified as written. Each subsection that is deleted in its entirety by the City of Belmont is indicated by the subsection number followed by "- deleted".
SECTION 3. BCC § 1-8 AMENDED
Whenever in this Code or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do an act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance of the city shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
Every day any violation of this Code or any other ordinance of the city shall continue shall constitute a separate offense.
(a) Pursuant to Government Code Section 38773.5, effective January 1, 1997, cities will have authority to recover attorneys' fees in any action brought to abate a public nuisance. The attorneys' fees are payable by the prevailing party in any such nuisance abatement action.
Violations of the City Code are deemed public nuisances pursuant to section 1-8, and the City of Belmont annually incurs attorneys' fees in enforcing the City Code against such violators. (a) It is unlawful for any person to violate any provision or to fail to comply with any of the mandatory requirements of this code or a city ordinance. 228
(b) Violation of any provision or failure to comply with any mandatory requirement of this code or a city ordinance is a misdemeanor that may be charged and prosecuted as an infraction at the discretion of the city attorney.
(c) Each and every day during any portion of which any violation of any provision of this code or a city ordinance is committed, continued, or permitted is a separate offense. (d) Each person convicted of a misdemeanor violation of this code or a city ordinance is punishable by a fine of not more than $1,000, or up to six months in jail, or both. (e) Each person convicted of an violation determined to be an infraction is punishable by a fine in the maximum amount authorized by Government Code Section 36900. (f) For each person convicted of an infraction, the city attorney may reduce the amount of an infraction fine in excess of $130 upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. A request to reduce the fine must be made in writing within 10 calendar days of the date the citation is issued and must be accompanied by clear and specific evidence of financial hardship and efforts to comply.
(g)(1) Any person or entity violating this code or a city ordinance is liable for a civil penalty of up to $1,000 per violation for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action by the city attorney in any court of competent jurisdiction.
(2) In assessing the amount of the civil penalty, the Court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct or nuisance, the number of violations, the persistence of the misconduct or nuisance, the length of time over which the misconduct occurred or the nuisance continued, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this code or any applicable State law. (hb) In addition to the penalties provided herein, aAny condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated by the city attorney as such. Each day that the condition continues it is a new and separate offense.
Pursuant to Section 38773.5 of the California Government Code, iIn any action, administrative proceeding, or special proceeding brought by the City of Belmontcity attorney to abate a public nuisance, the prevailing party shall beis entitled to reasonable attorneys' fees in accordance with Government Code Section 38773.5. Recovery of attorneys' fees shall beis limited as follows:
(1) To those actions or proceedings where the city has elected to recover attorney's fees at the initiation of such actions or proceedings.
(2) The amount of attorneys' fees in any action, administrative action, or special proceeding awarded to a prevailing party shall may not exceed the amount of reasonable attorneys's fees 229
incurred by the city in the action or proceeding.
(i) The city attorney, in consultation with the city manager, is authorized to immediately commence an action or proceedings to abate and enjoin any condition or conduct declared by this code to be a nuisance, and to take such steps and apply to such courts of appropriate jurisdiction to grant such relief as will abate the nuisance and restrain any person from creating or maintaining such nuisances. The city attorney may in any such action combine and pursue any other remedy provided for in this section for abatement of a nuisance and violation of this code.
(j) The remedies in this section for violation of this code or a city ordinance are cumulative, not exclusive, and in addition to any other remedies that may be available to the city in law or equity.
(k) Nothing herein is intended to create a mandatory duty on the city or any city official to enforce this code or to seek any particular remedy for a violation or nuisance. (j) Nothing in this chapter is intended to create a private right of action for the enforcement of this code or city ordinances or regulations.
(c) Notwithstanding any other provision of this Code, whenever violation of any section contained in this section is punishable as a misdemeanor, the prosecuting attorney, having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. (d) In addition to the penalties provided, any condition caused or permitted to exist in violation of the provision of this Code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense.
SECTION 4. BCC § 7-1 REPEALED
Belmont City Code Section 7-1 (definition of zoning ordinance) is repealed.
SECTION 5. BCC § 7-1 ADDED
Belmont City Code Section 7-1 is added to read:
Sec. 7-1 Administration and Enforcement of Building Standards Codes (a) The city building official is authorized and responsible for administration and enforcement of the California Building Standards Codes as adopted and amended by the City. (b) The San Mateo Consolidated Fire Department (SMCFD), exercising the powers of the Belmont Fire Protection District in accordance with the joint exercise of powers agreement between the City of San Mateo, the City of Foster City/Estero Municipal Improvement District and the Belmont Fire Protection District, is designated the fire authority for the City of Belmont. The enforcement of the fire and panic safety regulations for all occupancies in the California Fire Code as adopted with local amendments by SMCFD and ratified by the City of 230
Belmont is delegated to the chief of SMCFD. The chief and building official are to coordinate administration and enforcement of the codes as appropriate.
SECTION 6. BCC SECTION 7-3 AMENDED
Belmont City Code Section 7-3 is amended to read:
Sec. 7-3 Violations
Any person, firm or corporation violating, or causing or permitting to be violated, any of the provisions of any code adopted by this article, as amended, shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of such provision of such code is committed, continued or permitted, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. (a) It is unlawful for any person to violate, cause or permit a violation of any provision of any code adopted or made applicable in the city by article IV. (b) A violation of a code adopted or made applicable as provided in subsection (a) is a misdemeanor that may be charged and prosecuted as an infraction at the discretion of the city attorney.
(c) Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any of the regulations adopted by reference by this chapter, and any land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter are declared unlawful and a public nuisance.
(d) A violation of a code adopted or made applicable as provided in subsection (a) may be remedied by the city by any means provided in section 1-8 and chapter 30 as well as by any other means available in law or equity.
SECTION 7. BCC SECTION 7-22 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-22 is amended to read:
Sec. 7-22 2025 California Building Code Adopted
The 2025 California Building Code (CBC), California Code of Regulations, Title 24, Part 2, adopting the 2024 International Building Code with necessary California amendments, is adopted by reference as the Building Code of the City of Belmont. The Office of the City Clerk is directed to maintain a copy of the 2025 CBC.
SECTION 8. BCC SECTION 7-23 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-23 is amended to read as follows:
231
Sec. 7-23 2025 CBC Appendix Chapters Adopted
(a) The following Appendix Chapter of the 2025 California Building Code is adopted:
Appendix Chapter I (Patio Covers).
(b) The remaining Appendix Chapters are not adopted unless adopted by a state agency for application to occupancies subject to that agency's jurisdiction.
SECTION 9. BCC SECTION 7-24 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-24 is amended to read as follows:
Sec. 7-24 2025 CBC Chapter 1, Division II Adopted with Amendments (a) Except for the sections set forth in subsection (b), the requirements reproduced in Chapter 1, Division II of the 2025 California Building Code are adopted by reference, and govern the administration of the Belmont Building Code. References to model codes in the adopted sections mean the corresponding California Codes as adopted by the City of Belmont. (b) The following sections of Chapter 1, Division II of the 2025 California Building Code are not adopted unless adopted by a state agency for application to occupancies subject to that agency's jurisdiction: 101.1, 101.2, 102, 103, 104.8, and 114.3.
SECTION 10. BCC §7-25 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-25 is amended to read as follows:
Sec. 7-25 Numbering of Amendments to 2025 CBC
The 2025 California Building Code is amended as provided in Sections 7-25.502, 7-25.903, 7-
25.905, and 7-25.907. The number to the right of the decimal point in these sections corresponds to the section in the 2025 California Building Code that is amended.
SECTION 11. BCC SECTION 7-25.502 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-25.502 is amended as follows:
Sec. 7-25.502 Amendment of 2025 CBC Section 502 (Building Address) Section 502 of the 2025 California Building Code is amended by amending section 502.1 and adding sections 502.1.2. 502.1.3 and 502.1.4 to read:
502.1 Address Identification. New and existing buildings must have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers must contrast with their background. Address numbers must be Arabic numerals or alphabet letters. The numbers must be either internally or externally illuminated in all new construction and in all alterations greater than 50% of the original structure.
Numbers must be as follows:
232
1. Minimum of ½ inch stroke by 4 inches high.
2. When the structure is 36 to 50 feet from the street or fire district access a minimum of ½ inch stroke by 9 inches high is required.
3. When the structure is more than 50 feet from the street or fire apparatus access, a minimum of 1 inch stroke by 12 inches high is required. 502.1.1 Multi -Tenant Buildings. Numbers or letters must be designated on all occupancies within a building. Size must be ½ inch stroke by 4 inches high and on a contrasting background. Directional address numbers or letters must be provided. The addresses or numbers must be visible from the street posted at a minimum height of 5 feet, 6 inches above the finished floor, must be visible from the street and must be either internally or externally illuminated in all new construction. 502.1.2 Multiple buildings on one site. Where multiple buildings on one property cannot be viewed from the public way, a monument sign, or other signs or other approved means must be used to identify the entry to the given structure. Address identification must be maintained on each of the buildings within the site. 502.1.3 Rear Addressing. When required by the chief, approved numbers or addresses must be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size must comply with 502.1.
SECTION 12. BCC SECTION 7-25.903 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-25.903 is amended as follows:
Sec. 7-25.903 Amendment of 2025 CBC Section 903 (Automatic Sprinkler Systems)
Section 903 of the 2025 California Building Code is amended to read:
903.1 through 903.1.1 {CBC text not modified}
903.2 Where required. Approved automatic sprinkler systems must be installed throughout all new buildings unless the structure does not require a building permit.
Exception: Detached Group U occupancies separated from structures in accordance with Table 705.5 of the California Building Code.
903.2.1 through 903.2.10 - deleted
903.2.11 through 903.2.21 {CBC text not modified}
903.2.22 Existing buildings and structures. Proposed addition, alterations or fire repairs in existing non-sprinklered buildings over a three-year period exceeding 50% of the original gross floor area square footage must require the entire building to be installed 233
with an automatic fire sprinkler system as follows:
1. Any additions that increase the existing gross floor area by more than 50% require the entire building to be installed with an automatic fire sprinkler system.
2. Any combination of additions, alterations and/or fire repairs to more than 50% of the existing gross building area requires the entire existing building to be installed with an automatic fire sprinkler system. For purposes of this section, alterations only apply to the building area if they increase the size of the fire area of the room or space. See the Policy Manual for further guidance.
3. Any addition, alteration or repair within a building that contains an automatic fire sprinkler system must have the automatic fire sprinkler system extended or modified to the area of proposed work.
4. Any change in use or occupancy creating a more hazardous fire or life safety condition, as determined by the Fire Code Official requires that an automatic fire sprinkler system be installed. For purposes of this section, the relative hazard category must be in accordance with table 903.2.22 based on table 1011.5 of the California Existing Building Code.
Table 903.2.22
Relative Hazard Occupancy Class
1 (Highest Hazard) H (not allowed)
2 I-2; I-3; I-4 (not allowed)
3 A; C; E; M; R-1; R-2; R-4
4 B; F-1; R-3; R-4, S-1
5 (Lowest Hazard) F-2; S-2; U
Exceptions:
1. Seismic or accessibility improvements
2. Any exemption otherwise allowable under the Fire Code, as adopted by the San Mateo Consolidated Fire Department at the discretion of the Fire Marshal.
3. Exterior improvements and work not requiring permits as provided in the Building Code.
4. Detached Group U occupancies or detached carports less than 400 square feet.
5. Work requiring only a mechanical, electrical, plumbing and/or demolition permit.
6. Group R-3.1 occupancies unless already containing a fire sprinkler system. 234
903.3 through 903.3.1.2.3 {CBC text not modified}
903.3.1.3 NFPA 13D sprinkler systems. Automatic Sprinkler systems installed in oneand two-family dwellings; Group R-3; and townhouses may be installed throughout in accordance with NFPA 13D as amended in Chapter 35. NFPA 13D sprinkler systems must comply with section 903.4.2 Alarms.
903.3.2 through 903.4.2 {CBC text not modified}
903.4.3 Alarms. One approved audible and visual devices must be connected to every automatic sprinkler system at an approved location. The sprinkler water-flow alarm devices must be activated by waterflow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system must actuate the building fire alarm system. 903.5 {CBC text not modified}
SECTION 13. BCC § 7-25.905 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-25.905 is amended as follows:
Sec. 7-25.905 Amendment of 2025 CBC Section 905 (Standpipe Systems) Section 905 of the 2025 California Building Code is amended to read:
905.1 through 905.3 {CBC text not modified}
905.3.1 Height. {CBC text not modified}
1. {CBC text not modified}
2. Buildings that are more than 2 stories in height.
3. {CBC text not modified}
4. {CBC text not modified}
Exceptions: 1 – 6.2 {CBC text not modified}
905.3.2 through 905.11 {CBC text not modified}
SECTION 14. BCC § 7-25.907 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-25.907 is amended as follows:
Sec. 7-25.907 Amendment of 2025 CBC Section 907 (Fire Alarm and Detection Systems)
Section 907 of the 2025 California Building Code is amended to read:
907.1 through 907.1.5 {CBC text not modified}
235
907.1.6 Fire Alarm Certification. New fire alarm systems must be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 must be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate.
The protected premise must be issued a UUFX type certification from Underwriters Laboratories (UL).
907.1.6.1 Posting of Certificate. The UL certificate required in section 907.1.6 must be posted in a durable transparent cover within 3 feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.
907.2 through 907.8 {CBC text not modified}
SECTION 15. BCC SECTION 7-25.1009 REPEALED
Effective January 1, 2026, Belmont City Code Section 7-25.1009 is repealed.
SECTION 16. BCC § 7-32 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-32 is amended to read:
Sec. 7-32 2025 California Residential Code Adopted
The building standards in the 2025 California Residential Code (CRC), California Code of Regulations, Title 24, Part 2.5, adopting the 2024 International Residential Code with necessary California amendments, is adopted by reference as the Residential Code of the City of Belmont. The Office of the City Clerk is directed to maintain a copy of the 2025 CRC.
SECTION 17. BCC § 7-33 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-33 is amended to read as follows:
Sec. 7-33 2025 CRC Appendix Chapters Adopted
(a) The following Appendix Chapters of the 2025 California Residential Code are adopted:
Appendix Chapters BF (Patio Covers), AK (Sound Transmission) and AX (Swimming Pool Safety Act).
(b) The remaining Appendix Chapters are not adopted unless adopted by a state agency for application to occupancies subject to that agency's jurisdiction.
SECTION 18. BCC § 7-34 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-34 is amended to read as follows:
Sec. 7-34 2025 CRC Chapter 1, Division II Adopted with Amendments (a) Except for the sections set forth in subsection (b), the requirements reproduced in Chapter 1, Division II of the 2025 California Residential Code are adopted by reference, and govern the administration of the Belmont Residential Code. References to model codes in the 236
adopted sections mean the corresponding California Codes as adopted by the City of Belmont. (b) The following sections of Chapter 1, Division II of the 2025 California Residential Code are not adopted: R101, R103, R104.8, R104.8.1, R112.3, and R112.4.
SECTION 19. BCC SECTION 7-35 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-35 is amended to read:
Sec. 7-35 Numbering of Amendments to 2025 CRC
The 2025 California Residential Code is amended as provided in Sections 7-35.R308, 7-
35.R309, and 7-35.R902. The number to the right of the decimal point in these sections corresponds to the section in the 2025 California Residential Code that is amended.
SECTION 20. BCC SECTION 7-35.R308 ADDED
Effective January 1, 2026, Belmont City Code Section 7-35.R308 is added to read:
Sec. 7-35.R308 Amendment to 2025 CRC Section R308 (Site Address) Section R308 of the 2025 California Residential Code is amended to read:
SECTION R308
SITE ADDRESS
R308.1 Address identification. New and existing buildings must have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers must contrast with their background. Address numbers must be Arabic numerals or alphabet letters. The numbers must be either internally or externally illuminated in all new construction and in all alterations greater than 50% of the original structure.
Numbers must be as follows:
1. Minimum of ½ inch stroke by 4 inches high.
2. When the structure is 36 to 50 feet from the street or fire department access a minimum ½ inch stroke by 9 inches high is required.
3. When the structure is more than 50 feet from the street or fire apparatus access, a minimum of 1 inch stroke by 12 inches high is required.
R308.1.1 Multi-tenant buildings. Numbers or letters must be designated on all occupancies within a building. Size must be ½ inch stroke by 4 inches high and on a contrasting background. Directional address numbers or letters must be provided. The addresses or numbers must be visible from the street posted at a minimum height of 5 feet, 6 inches above the finished floor, must be visible from the street and must be either internally or externally illuminated in all new construction.
R308.1.2 Multiple buildings on one site. Where multiple buildings on one property are 237
accessed by the means of a private road, and the buildings cannot be viewed from the public way, a monument sign, or other signs or other approved means must be used to identify the structure. Address identification must be maintained on each of the buildings within the site.
R308.1.3 Rear addressing. When required by the chief, approved numbers or addresses must be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size must comply with CBC 502.1.
SECTION 21. BCC SECTION 7-35.R309 ADDED
Effective January 1, 2026, Belmont City Code Section 7-35.R309 is added to read:
Sec. 7-35.R309 Amendment of 2025 CRC Section R309 (Automatic Fire Sprinkler Systems)
Section R309 of the 2025 California Residential Code is amended to read:
R309.1 Townhouse and one- and two family dwelling automatic fire sprinkler systems. An automatic residential fire sprinkler system (ARFS) must be installed in townhouses, one-family and two-family dwellings throughout the entire building or structure as follows:
1. In new unit construction.
2. When additions, alterations or repairs are made to an existing building or structure.
3. When any change in use or occupancy occurs creates a more hazardous fire/life safety condition as determined by the Fire Code Official Exceptions:
1. In an existing building or structure without an ARFS, additions, alterations, and repairs that when combined over a three year period total 50% or less the original floor area. For purposes of this exception, only alterations that increase the size of the fire area of the room or space are counted. See the San Mateo Consolidated Fire Department Fire Policy Manual for further guidance.
2. Seismic or accessibility improvements;
3. Any exemption required by law or otherwise allowable under the Fire Code as determined by the Code Official.
4. Exterior improvements and work not requiring permits as provided in the Building Code.
5. Detached Group U occupancies or detached carports less than 400 square feet. 238
6. Work requiring only a mechanical, electrical, plumbing and/or demolition permit.
7. Group R-3.1 occupancies unless already containing a fire sprinkler system.
8. An accessory dwelling unit to a single- or two family dwelling provided all of the following are met:
8.1 The unit meets the definition of Accessory Dwelling Unit in Government Code Section 65852.2
8.2 The existing primary residence does not have automatic fire sprinklers.
8.3 The detached unit does not exceed 1,200 square feet.
8.4 The unit is on the same lot as the primary residence.
R309.1.1 NFPA 13D sprinkler systems. Automatic Sprinkler systems installed in oneand two-family dwellings; Group R-3; and townhouses may be installed throughout in accordance with NFPA 13D as amended in Chapter 44. NFPA 13D sprinkler systems must comply with section R309.1.2 Alarms.
R309.1.2 Alarms. One approved audible and visual devices must be connected to every automatic sprinkler system at an approved location. The sprinkler water-flow alarm devices must be activated by waterflow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system must actuate the building fire alarm system.
R309.2 –R309.2.1 deleted.
R309.3 through R309.3.8.2 {CRC text not modified}
SECTION 22. BCC SECTION 7-35.R313 REPEALED
Effective January 1, 2026, Belmont City Code Section 7-35.R313 is repealed.
SECTION 23. BCC SECTION 7-35.R319 REPEALED
Effective January 1, 2026, Belmont City Code Section 7-35.R319 is repealed.
SECTION 24. BCC SECTION 7-35.R902 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-35.R902 is amended to read as follows:
Sec. 7-35. R902 Amendment to 2025 CRC Section R902 (Fire Classification) Section R902 of the 2025 California Residential Code is amended to read:
R902.1 through R902.l.1 {CRC text not modified}
R902.1.2 Roof coverings in all other areas. The entire roof covering of every existing 239
structure where more than 50 percent of the total roof area is replaced within any oneyear period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, must be a fire-retardant roof covering that is at least Class B.
R902.2 through R902.4 {CRC text not modified}
SECTION 25. BCC SECTION 7-42 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-42 is amended to read as follows:
Sec. 7-42 2025 California Electrical Code Adopted
The building standards in the 2025 California Electrical Code (CEC), California Code of Regulations, Title 24, Part 3, adopting the 2023 National Electrical Code of the National Fire Protection Associations with necessary California amendments, is adopted by reference as the Electrical Code of the City of Belmont. The Office of the City Clerk is directed to maintain a copy of the 2025 CEC.
SECTION 26. BCC SECTION 7-43 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-43 is amended to read as follows:
Sec. 7-43 Administrative Provisions
The administrative provisions in 2025 California Building Code, Chapter 1, Division II as adopted and amended by Section 7-24, govern the administration of the Belmont Electrical Code.
SECTION 27. BCC SECTION 7-52 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-52 is amended to read as follows:
Sec. 7-52 2025 California Mechanical Code Adopted
The building standards in the 2025 California Mechanical Code (CMC), California Code of Regulations, Title 24, Part 4, adopting the 2024 Uniform Mechanical Code with necessary California amendments, is adopted by reference as the Mechanical Code of the City of Belmont. The Office of the City Clerk is directed to maintain a copy of the 2025 CMC.
SECTION 28. BCC SECTION 7-53 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-53 is amended to read as follows:
Sec. 7-53 2025 CMC Appendix Chapters Adopted
(a) The following Appendix Chapters of the 2025 California Mechanical Code are adopted:
(none).
(b) The remaining Appendix Chapters are not adopted unless adopted by a state agency for 240
application to occupancies subject to that agency's jurisdiction.
SECTION 29. BCC SECTION 7-54 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-54 is amended to read as follows:
Sec. 7-54 2025 CMC Chapter 1, Division II Adopted with Amendments (a) Except for the sections set forth in subsection (b), the requirements reproduced in Chapter 1, Division II of the 2025 California Mechanical Code are adopted by reference, and govern the administration of the Belmont Mechanical Code. References to model codes in the adopted sections mean the corresponding California Codes as adopted by the City of Belmont. (b) The following sections of Chapter 1, Division II of the 2025 California Mechanical Code are not adopted unless adopted by a state agency: 101, 102.1, 103.2, and 106.3.
SECTION 30. BCC SECTION 7-55 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-55 is amended to read:
Sec. 7-55 Numbering of Amendments to 2025 CMC
The 2025 California Mechanical Code is amended as provided in Section 7-55.T104.5. The number to the right of the decimal point in these sections corresponds to the section in the 2025 California Mechanical Code that is amended.
SECTION 31. BCC SECTION 7-55.T104.5 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-55.T104.5 is amend to read:
Sec. 7-55.T104.5 Amendment of 2025 CMC Table 104.5 (Mechanical Permit Fees)
Table 104.5 of the 2025 California Mechanical Code is amended to read:
Table 104.5. Mechanical permit fees are as set forth on the City's Master Fee Schedule.
SECTION 32. BCC SECTION 7-62 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-62 is amended to read as follows:
Sec. 7-62 2025 California Plumbing Code Adopted
The building standards in the 2025 California Plumbing Code (CPC), California Code of Regulations, Title 24, Part 5, adopting the 2024 Uniform Plumbing Code with necessary California amendments, is adopted by reference as the Plumbing Code of the City of Belmont, California. The Office of the City Clerk is directed to maintain a copy of the 2025 CPC.
SECTION 33. BCC SECTION 7-63 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-63 is amended to read as follows:
241
Sec. 7-63 2025 CPC Appendix Chapters Adopted
(a) The following appendix chapters of the 2025 California Plumbing Code are adopted:
(none).
(b) The remaining appendix chapters are not adopted unless adopted by a state agency for application to occupancies subject to that agency's jurisdiction.
SECTION 34. BCC SECTION 7-64 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-64 is amended to read as follows:
Sec. 7-64 2025 CPC Chapter 1, Division II Adopted with Amendments (a) Except for the sections set forth in subsection (b), the requirements reproduced in Chapter 1, Division II of the 2025 California Plumbing Code are adopted by reference, and govern the administration of the Belmont Plumbing Code. References to model codes in the adopted sections mean the corresponding California Codes as adopted by the City of Belmont. (b) The following sections of Chapter 1, Division II of the 2025 California Plumbing Code are not adopted unless adopted by a state agency: 101, 102.1, 103.2, and 106.2 and 106.3.
SECTION 35. BCC SECTION 7-65 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-65 is amended to read:
Sec. 7-65 Numbering of Amendments to 2025 CPC
The 2025 California Plumbing Code is amended as provided in Sections 7-65.T104.5 and 7-
65.609.10. The number to the right of the decimal point in these sections corresponds to the section in the 2025 California Plumbing Code that is amended.
SECTION 36. BCC SECTION 7-65.T104.5 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-65 T104.5 is added to read:
Sec. 7-65.T104.5 Amendment of 2025 CPC Table 104.5 (Plumbing Permit Fees) Table 104.5 of the 2025 California Plumbing Code is amended to read:
Table 104.5. Plumbing permit fees are as set forth on the City's Master Fee Schedule.
SECTION 37. BCC SECTION 7-65.609.10.2 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-65.609.10.2 is amended to read:
Sec. 7-65.609.10.2 Addition of Section 609.11.2 to 2025 CPC Section 609.11.2 is added to the 2025 California Plumbing Code to read:
609.11.2 Section 609.11 applies to all occupancies including HCD 1 and 2. 242
SECTION 38. BCC SECTION 7-70 AMENDED
Effective January 1, 2026, Belmont City Code Section 7-70 is amended to read:
Sec. 7-70 Ratification of Fire Code as adopted and amended by San Mateo Consolidated Fire Department
The adoption of the 2025 California Fire Code with local amendments by San Mateo Consolidated Fire Department Ordinance 2025-003 as the Fire Code for that joint powers authority exercising the power of the Belmont Fire Protection District and providing fire protection to the City of Belmont is hereby ratified by the City of Belmont in accordance with Health and Safety Code Section 13869.7 and applies throughout the city as the fire code of the city.
SECTION 39. BCC § 7-71 REPEALED
Belmont City Code Section 7-71 is repealed.
SECTION 40. BCC CHP 7, ART. IV, DIV. 11 ADDED
Effective January 1, 2026, Division 11 is added to Belmont City Code Chapter 7, Article IV beginning with section 7-100 to read:
DIVISION 11 – WILDLAND URBAN INTERFACE CODE
Sec. 7-100 2025 California Wildland-Urban Interface Code Adopted The 2025 California Wildland-Urban Interface Code (CWC), California Code of Regulations, Title 24, Part 7, adopting the 2024 International Wildland Urban Interface Code with necessary California amendments, is adopted by reference as the Wildland-Urban Interface Code of the City of Belmont and may be referred to as the Wildland Code. The Office of the City Clerk is directed to maintain a copy of the 2025 CWC.
Sec. 7-101 2025 CWC Appendix Chapters Adopted
(a) The following Appendix Chapter of the 2025 California Wildland Urban Interface Code is adopted: (none).
(b) The remaining Appendix Chapters are not adopted unless adopted by a state agency for application to occupancies subject to that agency's jurisdiction.
Sec. 7-102 2025 CWC Chapter 1, Division II Adopted with Amendments (a) Except for the sections set forth in subsection (b), the requirements reproduced in Chapter 1, Division II of the 2025 California Wildland Urban Interface Code are adopted by reference, and govern the administration of the Belmont Wildland Code. References to model codes in the adopted sections mean the corresponding California Codes as adopted by the City of Belmont.
(b) The following sections of Chapter 1, Division II of the 2025 California Wildland Urban 243
Interface Code are not adopted unless adopted by a state agency for application to occupancies subject to that agency's jurisdiction: 101.1, 101.4, 103, 104.7, 104.7.1, 104.7.2, 104.7.3, 104.7.4, 104.7.5, 104.8, 104.8.1, 109.3.7, and 112.3.
Sec. 7-103 Numbering of Amendments to 2025 CWC
The 2025 California Wildland-Urban Interface Code is amended as provided in Sections 7- 103.202, 7-103.303, and 7-103.603. The number to the right of the decimal point in these sections corresponds to the section in the 2025 California Building Code that is amended.
Sec. 7-103.202 Amendment of 2025 CWC Section 202 (Definitions) Section 202 of the 2025 California Wildland Urban Interface Code is amended by the addition of the following definitions. All other definitions in section 202 remain and are unchanged:
Section 202 - Definitions.
HAZARDOUS TREE. A tree that is dead or otherwise poses a fire hazard as defined in California Code of Regulations Title 19, Section 3.14. A tree is not deemed hazardous based solely because of its species.
IMPORTANT STRUCTURE. A building that is considered not expendable in an exposure fire.
Sec. 7-103.303 Amendment of 2025 CWC by Addition of Section 303 (Local Wildland-Urban Interface Areas)
Section 303 is added to the 2025 California Wildland Urban Interface Code to read:
303. Local Wildland Urban Interface Areas. Areas recommended by the State Fire Marshal and designated by the City of Belmont as a moderate, high or very high fire hazard severity zone are wildland urban interface areas. Buildings and structures within all wildland urban interface areas must comply with the requirements of the 2025 California Wildland-Urban Interface Code applicable to very high fire hazard severity zones.
Sec. 7-103.603 Amendment of 2025 CWC by Addition of Section 603 (Vegetation Plan)
Section 603 of the 2025 California Wildland Urban Interface Code is amended to read:
603.1 through 603.4.1 {CWC text not modified}
603.4.2 Trees.
Trees shall be managed as follows within the 30-foot zone (9144 mm) of a structure:
1. New trees shall be planted and maintained so that the tree’s dripline at maturity is a minimum of 10 feet (3048 mm) from any combustible structure. 244
2. The horizonal distance between crowns of new trees and the crowns of adjacent trees shall not be less than 10 feet (3048 mm).
3. Existing trees shall be trimmed to provide a minimum separation of 10 feet (3048 mm) away from chimney and stovepipe per California Code of Regulations Title 14, Section 1299.03.
4. Hazardous trees must be removed if they are within 100 feet of any important structure.
603.4.2.1 Nonfire-smart vegetation. New trees not classified as fire-smart vegetation, such as conifers, palms, pepper trees and eucalyptus species, shall be permitted provided the tree is planted and maintained so that the tree’s drip line at maturity is a minimum 30 feet (9144 mm) from any combustible structure. Nothing in this section is intended to prevent the planting of any species.
603.4.2.2 Tree within defensible space.
Trees are allowed within the defensible space, provided that the horizontal distance between crowns of adjacent trees and crowns of trees and structures, overhead electrical facilities or unmodified fuel is not less than 10 feet (3048 mm). Trees shall be maintained alive. Hazardous trees must be removed as provided in 603.4.2.
SECTION 41. BCC CHP 7, ART X REPEALED
Belmont City Code Chapter 7, Article X (Enforcement) is repealed, including sections 7-301, 7- 302, and 7-303.
SECTION 42. BCC CHP 7, ART X ADDED
Belmont City Code Chapter 7, Article X (Fire Hazard Severity Zones) is added beginning with section 7-301 to read:
Sec. 7-301 Fire Hazard Severity Zones
The moderate, high, and very high fire hazard severity zones within the boundaries of the city of Belmont as recommended by the Office of the State Fire Marshal under Government Code Section 51178 are designated fire hazard severity zones as classified and recommended by the State Fire Marshal.
SECTION 43. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision does not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Belmont declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
245
SECTION 44. EFFECTIVE DATE.
* * *
This Ordinance takes effect and will be enforced 30 days after its adoption.
The City Council of the City of Belmont, California introduced the foregoing ordinance, on [insert date], 2025 and adopted the ordinance at a regular meeting held on [insert date], 2025 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
246
City Owned Property Disposition Update - Staff Report
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Tobi Liebermann, Housing and Economic Development Manager; Kathy Kleinbaum, Assistant City Manager
Agenda Title: City-Owned Property Disposition Update and Exempt Surplus Land Declaration Agenda Action: Resolution
Recommendation
Receive an update on staff’s work related to the disposition of the three city-owned residential properties at 730 El Camino Real, 503 Crest View Ave, and 1000 O’Neill Ave (Emmett House) and adopt a resolution declaring the vacant lot at 780 El Camino Real as Exempt Surplus Property under the Surplus Lands Act.
Strategic Focus Area
Economic Development and Housing
Background
As housing successor to the former Redevelopment Agency (RDA), the City of Belmont acquired various housing assets upon the RDA’s dissolution in 2012. These properties consisted of several small-scale residential properties located throughout the City. The City previously sold several of these properties in 2023 and used the proceeds to contribute to new affordable housing development projects. The City now owns and maintains three remaining residential properties, including 730 El Camino Real, 503 Crest View Ave, and 1000 O’Neill Ave (referred to as the Emmett House), as well as the vacant lot at 780 El Camino Real.
730 El Camino Real is leased to the non-profit, Kainos, who operates it as a group home for individuals with intellectual disabilities who live independently. 503 Crest View is leased to Family Homes, a forprofit entity operating a six-bed Intermediate Care Nursing Facility (ICF/DD-Nursing) which provides 24-hour care and health services for persons with severe developmental and physical disabilities. The Emmett House property is a vacant duplex that was previously rented to moderate-income households.
Both households were no longer income-eligible for the property and as a result the property was vacated in June 2025.
Prior Council Direction
On October 22, 2024, Staff requested direction from the City Council of the possible disposition of the three small-scale residential properties. Management of these properties has been an ongoing challenge for the City given our limited staffing resources and has resulted in significant deferred maintenance on all of the properties. Additionally, the rental revenue generated from the properties is not sufficient to cover both ongoing operations and the properties’ long-term maintenance needs and given the affordable 247
City Owned Property Disposition Update - Staff Report
housing/social service uses of the properties, the City is limited in its ability to increase the rents. As a result, continued ownership of the properties is a negative draw on the City’s limited affordable housing funds.
At the October 2024 meeting, staff provided disposition options for each property given their current use and operational structure. For both 730 El Camino Real and 503 Crest View Avenue, staff recommended options to allow the existing uses to continue to ensure that the current special needs residents are protected from displacement. This requires the properties to either be transferred to their current operator or to another entity that is willing to continue leasing to the on-site operator. Staff provided two possible options for the Emmett House property, given its current vacancy, including selling it for market value and using the proceeds to develop new affordable housing or transferring it to a non-profit for congregate care or affordable housing use.
At the October 2024 meeting, the City Council was supportive of moving forward with the disposition of the three properties and gave direction to staff to proceed with the disposition process. The Council expressed support for maintaining the existing uses and protecting the current special needs residents from displacement at the 730 El Camino Real and 503 Crest View properties. The City Council asked that further analysis be conducted regarding the options for the Emmett House property.
As one of the initial steps in the disposition process, staff brought resolutions before the City Council on February 25, 2025 declaring the properties as Exempt Surplus Land as required by the State Surplus Lands Act. This declaration was then reviewed and approved by the State Department of Housing and Community Development (HCD).
Progress to Date
Since that time, staff has continued working towards the disposition of the three residential properties through the commissioning of title reports and real estate appraisals, including both a market appraisal and a reuse appraisal that evaluates the value of the property if transferred with restrictions on its use. The City also requested loan forgiveness from San Mateo County for an existing $260,000 loan in place on 730 El Camino Real. This forgiveness was approved in March 2025 by the Board of Supervisors and the loan was subsequently cancelled in June. In addition, staff has been working with the operators at 730 El Camino Real and 503 Crest View to evaluate the transfer of the properties and potential deed restrictions to ensure continuation of the current uses. The current status of each property is described in the Analysis section of this report.
780 El Camino Vacant Lot
During the past year, staff has received inquiries from interested parties about the city-owned vacant lot at 780 El Camino Real, which is a small (0.12 acre) triangular shaped parcel located at Middle Road and El Camino Real that the City originally purchased September 25, 2008. The property was acquired for Low- and Moderate-Income housing purposes. In order to move forward with any future disposition of that property, it is first necessary to go through the State’s Surplus Land Act process. Similar to the other residential properties, this parcel also qualifies as an Exempt Surplus Land parcel given its small size. 248
City Owned Property Disposition Update - Staff Report
Analysis
730 El Camino Real
Staff has been working closely with the current lessor/operator, Kainos, to evaluate the potential transfer of the property, including addressing deferred maintenance, future operations, and analyzing organizational financial capacity to own and operate the property going forward. Staff recommends transferring the property to Kainos with deed restrictions in place to ensure it continues serving a similar population. The market appraisal for the property was $2,170,000, which is the value of the property if it could be occupied as a single-family home. However, based on the preliminary draft financial analysis, given the extensive deferred maintenance on the property needed for it to continue in its current use and the proposed deed restrictions, the City would transfer the property to Kainos for $1, a value that would be justified by the Reuse Appraisal.
Staff is seeking authorization to move forward with the remaining steps necessary for transfer which would likely occur later this year or in early 2026. These steps include a City Council public hearing for the adoption of the reuse appraisal (H&S Section 33433 Report) and the approval of the purchase and sale agreement. This action is consistent with prior Staff recommendations and direction from City Council. 503 Crest View Avenue
Staff has been working closely with the families whose children reside in the 503 Crest View Avenue property and the current operator to explore options for the transfer if this property. The families referred staff to the Golden Gate Regional Center (GGRC), a state and federal-funded nonprofit organization serving individuals with developmental disabilities in Marin, San Francisco and San Mateo counties. GGRC works with operators of similar facilities and helps facilitate transitions of both operators and property ownership.
GGRC has recommended transferring the property to Brilliant Corners, a 501(c)3 nonprofit public benefit corporation whose mission is to provide affordable, community-based supportive housing for individuals with developmental disabilities and other special needs. Brilliant Corners develops, owns and manages affordable, supportive, community-based housing and provides housing-related services and clinical case management to over 1,000 individuals. Brilliant Corners currently owns several licensed care homes in San Mateo County.
Under this model, Brilliant Corners would be the property owner and lease the premises to the existing long-term operator, Family Homes, with GGRC as the provider of the operating subsidy and oversight of the operations. The advantage of this approach is that it allows the existing long-term operator to continue to provide day to day services while providing long-term stable ownership through the non-profit Brilliant Corners, as the landlord and property manager. GGRC’s involvement provides an opportunity for enhancing financial support due to potentially higher reimbursement rates to Family Homes. The City had previously explored transferring this property to Brilliant Corners in 2017 but did not move forward at the time due to other competing priorities.
The transfer to Brilliant Corners, as opposed to directly to the operator, is the preferred approach for the families whose children currently occupy the home since it allows for the current operator to stay in place 249
City Owned Property Disposition Update - Staff Report
while ensuring that there is a third-party entity that can assure that operations of the home continue at the time of the retirement of the current operator, who has been operating the home for the past 26 years.
To assist with financing the deferred repairs needed on the property, GGRC submitted a grant application in September 2025 in the amount of $632,000 to the State of California Department of Developmental Services that would cover substantial improvements to the property, if approved. This grant is contingent on the GGRC/Brillant Corners partnership model. Funding awards are expected to be announced by the end of the year and GGRC believes there is a high likelihood that the property will obtain some, if not all, of the funding request.
If the property were to be transferred to Brilliant Corners, it would be a similar structure as the transfer of 730 El Camino Real. The property would be deed restricted to require the current use to continue. The market appraisal for the property was $1,905,000, which is the value of the property if it could be occupied as a single-family home. Given the deferred maintenance, deed restriction, and the high cost of operating this type of skilled nursing facility, the City would transfer the property for $1, a value that would be justified by the Reuse Appraisal. Staff is seeking direction to purse the transfer of the property to Brilliant Corners in partnership with GGRC, with a continuation of Family Homes as the operator/service provider. 1000 O’Neill Ave (Emmett House)
Staff presented two options to the City Council for this property, selling it at market rate and using the proceeds to fund new affordable housing development or transferring it to a non-profit for use as congregant housing. In October 2024, the City Council was leaning toward the market sale of the property but wanted more analysis to be completed. A key issue of concern for this property is preserving the historic character of the exterior.
The property is now vacant since the former residents were no longer income eligible, as previously reported. Staff is monitoring the property on an ongoing basis to ensure that it remains secure. The market appraisal for the property was $2,225,000.
Staff recommends that the Council sell the property at market rate and use the proceeds to support new affordable housing development. A deed restriction can be placed on the property that would require preservation of the historic exterior of the building. This would allow the City to leverage other public funding from the County and State sources to maximize new housing production and to meet the City’s housing goals. The City has multiple affordable housing properties in the pipeline and limited funds to assist with financing their development, given that we have not had any large-scale commercial projects move forward and pay commercial linkage fees.
Additionally, another driver for this recommendation is recent instability in the finances for many nonprofit organizations, including the sudden and abrupt closure of Star Vista, who was one of the parties interested in acquiring the property and the recent closure of a property managed by the non-profit Caminar in San Mateo County. The Emmett House property requires significant investment to address deferred maintenance and to convert from its current duplex format into one that could be used by a nonprofit which would require significant fund raising and/or grant funds. There were no operators interested in taking over the property and continuing to offer it as a below-market rate rental. 250
City Owned Property Disposition Update - Staff Report
Staff is seeking City Council direction to move forward with a market sale approach. If the Council is supportive of this recommendation, staff will move forward with the steps to market the property, including issuing an RFP for a Real Estate Broker to represent the property and a City Council public hearing for the adoption of the reuse appraisal (H&S Section 33433 Report). 780 El Camino Real
Staff is requesting that the City Council take the formal action to declare 780 El Camino Real as Exempt Surplus property. This site is identified as a housing opportunity site in the Belmont Housing Element.
There has been previous interest in the site from Habitat for Humanity as well as the Mental Health Association of San Mateo County for housing development, but the small size of the site combined with its existing slope has made development infeasible to date. The owner of the immediately adjacent property is considering selling their property in the future which may allow for consolidation of the two sites making them more feasible for a future housing development. Declaring the property as Surplus Exempt would allow the City flexibility to transfer the property in the future but does not commit the City to disposing of the property or any future action. If specific disposition options for this site become available, staff would return to City Council for direction.
Alternatives
1. Direct staff to pursue other options for the disposition of any or all of the three the City-owned residential properties.
2. Direct staff to delay or suspend efforts for the disposition of any or all of the three the City-owned residential properties.
3. Take no action on Resolution declaring 780 El Camino as Exempt Surplus Land.
Attachments
A. Resolution Declaring 780 El Camino Real as Surplus Exempt Land Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
These properties currently operate at a financial loss to the City and are funded out of the Affordable Housing Fund. Any sales proceeds from these properties would be deposited in the Affordable Housing Fund and utilized for affordable housing purposes as they get identified and approved by Council.
Source: Purpose: Public Outreach:
Staff Council Vision/Priority Posting of Agenda
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1 RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT FINDING THAT THE PROPERTY LOCATED AT 780 EL CAMINO REAL IS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(B) WHEREAS, the City of Belmont ("City") owns that certain property identified as APN 044-222-180 and more generally described as the irregular shaped property located at 780 El Camino Real, in the City of Belmont and situated at the intersection of El Camino Real and Middle Road, ("Property") in fee. The Property is described on Exhibit "A", attached hereto; and, WHEREAS, the Property consists of vacant .125 acres plot of land and is not currently used by the City; and,
WHEREAS, under the Surplus Land Act (Government Code Sections 54220-54234) surplus land is land owned in fee simple by a local agency which is not necessary for the agency's use and for which the governing board takes formal action in a regular public meeting declaring that the land is surplus. The land must be declared either surplus land or exempt surplus land; and,
WHEREAS, the City is a local agency within the meaning of the Surplus Land Act; and, WHEREAS, under the Surplus Land Act, land is necessary for a local agency's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the governing body of the local agency, for the local agency's work or operations; and, WHEREAS, the Property has not been identified for future municipal use as part of a written adopted plan and is not necessary for the City’s operations; and, WHEREAS, the Surplus Land Act (Government Code Section 54220 et seq.) requires that local agencies, including the City, comply with the requirements of the Act before disposing of Surplus Land unless the property is Exempt Surplus Land as defined in Government Code Section 54221(f); and,
WHEREAS, Government Code Section 54221 (f)(1)(B) provides that, except as provided in paragraph (2) of Section 54221 (f), "exempt surplus land" means surplus land that is less than one-half acre (21,780 square feet) in size and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing; and, WHEREAS, the Property qualifies as "exempt surplus land" pursuant to paragraphs (B) of Government Code Section 54221 (f)(1) because the Property is less than one-half acre in size, not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing; and,
WHEREAS, as shown in the attached Exhibit B, the property located immediately adjacent to the subject property at the address 770 El Camino Real is a mixed-use residential and commercial/retail property in private ownership, and the adjacent property to the southwest is a portion of the City of Belmont public right-of-way known as Middle Road, and the adjacent 252
2 property to the northeast is a portion of El Camino Real also known as State Route 82 (SR 82) which is owned by the California Department of Transportation; and, WHEREAS, pursuant to Government Code 54221(f)(2) the Property is not:
(a) Within a coastal zone.
(b) Adjacent to a historical unit of the State Parks System. (c) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.
(d) Within the Lake Tahoe region as defined in Section 66905.5.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. Evidentiary Basis: The City Council, having independently heard, considered, and weighed all the evidence in the record, finds that the above recitals are accurate and constitute findings in this matter and, together with the staff report have served as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution.
SECTION 2. Surplus Land: The City Council hereby designates the Property as exempt surplus land on the following basis:
1. The Property is no longer necessary for the City’s use.
2. The Property is less than one-half acre in size.
3. The Property is not contiguous to land owned by a state or local agency that is used for open-space or affordable housing.
4. Government Code Section 54221(f)(1)(B) includes in the definition of "exempt surplus land", land that is less than one-half acre in size, not contiguous to land owned by a state or local agency that is used for open-space or low and moderate income housing.
SECTION 3. Notice to California Department of Housing and Community Development.
The City Council directs the City Manager to transmit a copy of this Resolution to the California Department of Housing and Community Development no later than thirty (30) days prior to the disposition of the Property.
SECTION 4. This declaration of exempt surplus property is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3).
SECTION 5. This Resolution is effective upon its adoption. * * *
253
3 ADOPTED [Click to enter a date.] by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
254
4 EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 044-222-180
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:
PORTION OF LOT 1, AS DELINEATED UPON THAT CERTAIN MAP ENTILED "SWIFTS SUBDIVISION OF LOT 10 AND A PORTION OF LOT NO. 13 MOSES RANCH, NEAR BELMONT, SAN MATEO CO. CAL, “FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE Of CALIFORNIA, ON FEBRUARY 15, 1897 IN BOOK “A" OF MAPS, AT PAGE 57 AND COPIED INTO BOOK 2 OF MAPS AT PAGE 86 DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF
MIDDLE ROAD WITH THE SOUTHWESTERLY LINE OF EL CAMINO REAL AS ESTABLISHED BY DEED TO THE STATE OF CALIFORNIA, DATED MAY 17, 1934 AND RECORDED JUNE 17, 1934 AND RECORDED JUNE 21, 1934 IN BOOK 624 OF OFFICIAL RECORDS AT PAGE 285; THENCE FROM SAID POINT OF BEGINNING
NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF EL CAMINO REAL ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 20050 FEET FOR AN ARC DISTANCE OF 97.10 FEET, MORE OR LESS, TO THE SOUTHEASTERLY LINE OF LANDS CONVEYED TO MARIUS LAUERSEN AND WIFE. DATED SEPTEMBER 7, 1948 AND RECORDED SEPTEMBER 10, 1948 IN BOOK 1468 OF OFFICIAL RECORDS AT PAGE 488; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF SAID LAST MENTIONED LANDS, 80 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF MIDDLE ROAD; THENCE EASTERLY ALONG SAID NORTHERLY LINE 132 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
ADDRESS: 780 El Camino Real, Belmont CA 94002
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EXHIBIT "B" Site Map
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Amendments to City Manager and City Attorney Employment Agreements - Staff Report
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Ann Ritzma, Interim Administrative Services Department Agenda Title: Approval of Amendments to Employment Agreements for the City Manager and City Attorney
Agenda Action: Resolution
Recommendation
Adopt the attached resolutions: 1) Establishing compensation for the City Manager and authorizing the Mayor to execute a Third Amendment to the City Manager Employment Agreement; and 2) Establishing compensation for the City Attorney and authorizing the Mayor to execute a Second Amendment to the City Attorney Employment Agreement.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The City Council is responsible for the appointment, evaluation, and establishment of compensation for its two direct employees: the City Manager and the City Attorney.
Following annual performance evaluations conducted in July 2025, the Council appointed a subcommittee to review compensation for each position. The subcommittee was tasked with considering the incumbents’ performance, the cost of living, and the City’s position within the regional market.
Subcommittee met with the respective appointees and developed recommendations for Council consideration. On October 14, 2025, the City Council met in closed session to review those recommendations and provided direction to bring forward amendments to each employment agreement for open session discussion and approval.
Analysis
The proposed amendments implement adjustments to the base salaries of the City Manager and City Attorney to reflect a cost-of-living adjustment and merit increase consistent with market practices and performance expectations.
These adjustments maintain the City’s philosophy of:
• Aligning executive compensation with regional market benchmarks; and • Recognizing strong leadership performance in meeting the Council’s key directives and retention value while maintaining fiscal responsibility.
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Amendments to City Manager and City Attorney Employment Agreements - Staff Report The amendments do not alter other material terms of the existing employment agreements beyond the approved salary adjustments and allowances.
Alternatives
1. Take no action
2. Provide direction to modify the proposed amendments and return at a future meeting.
Attachments
A. Resolution – City Manager Employment Agreement (Third Amendment) B. Exhibit A – Third Amendment to City Manager Employment Agreement C. Resolution – City Attorney Employment Agreement (Second Amendment) D. Exhibit A – Second Amendment to City Attorney Employment Agreement Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
The cost of the approved salary adjustments will be
incorporated into the adopted FY 2025–26 City Budget during the mid-year budget review, if necessary.
Source: Purpose: Public Outreach:
Council Statutory/Contractual Requirement Posting of Agenda 259
RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
ESTABLISHING COMPENSATION FOR THE CITY MANAGER AND
AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE
CITY MANAGER EMPLOYMENT AGREEMENT
WHEREAS, on September 24, 2019, the City Council of the City of Belmont unanimously adopted Resolution 2019-098, appointing Afshin Oskoui to the position of City Manager effective of September 1, 2019; and,
WHEREAS, on November 8, 2022, the City Council approved a first amendment Mr.
Oskoui’s Employment Agreement, and a second amendment on November 14, 2023; and, WHEREAS, in or around July 2025, the City Council conducted Mr. Oskoui’s performance evaluation and selected a sub-committee, to review and make a compensation recommendation based on performance, cost of living, and market position, and to meet and negotiate with Mr. Oskoui; and,
WHEREAS, the City Council met in closed session on October 14, 2025, to consider the sub-committee’s findings and recommendations and gave direction to bring a proposed third amendment to the employment agreement to open session for discussion and consideration; and,
WHEREAS, the sub-committee recommends an increase in base pay for Mr. Oskoui, to reflect a cost of living adjustment and merit increase that is consistent with the market.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The Council approves the Third Amendment to the Employment Agreement between the City of Belmont and City Manager Afshin Oskoui, attached as Exhibit A, and authorizes the Mayor to execute the amendment.
* * *
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ADOPTED October 28, 2025 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
261
Third Amendment to the Employment Agreement
between the City of Belmont
and Afshin Oskoui (City Manager)
This Third Amendment to Employment Agreement (“Third Amendment”) is entered into by the City of Belmont, a municipal corporation (“City” or “Employer”), and Afshin Oskoui (“Employee”), collectively the “Parties.”
Recitals
A. The City and Employee entered into an agreement for employment effective September 1, 2019, for Employee to serve as City Manager, and subsequently entered into a first and second amendment to the Employment Agreement.
B. The City and Employee now desire to enter into a third amendment to the Employment Agreement.
Terms of Third Amendment
The City and Employee agree to amend the terms of the Employment Agreement as previously amended as follows:
1. Section 9.A (Salary) is amended by adding a second paragraph after the first paragraph to read:
Employee will receive a 3.0% cost of living increase and 2.5% merit increase effective the first day of the first full pay period on or after September 1, 2025.
2. Section 13.D (Professional Development) is amended by adding a second paragraph after the first paragraph to read:
The City will budget and reimbursed employee up to a maximum of $1,000 per fiscal year for documented technology and other non-traditional work-related expenses.
Eligible costs include but are not limited to computers, mobile devices, software subscriptions, data plans, professional applications, and home-office equipment directly supporting the performance of this Agreement.
3. Except as amended above, all other provisions of the Employment Agreement as previously amended remain in full force and effect.
By signing below, the Parties agree to the full performance of the terms set forth herein. 262
Third Amendment to the Employment Agreement between the City of Belmont and Afshin Oskoui (City Manager)
City of Belmont
By:
Julia Mates, Mayor
Dated:
Employee
Afshin Oskoui
Dated:
263
RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
ESTABLISHING COMPENSATION FOR THE CITY ATTORNEY AND
AUTHORIZING THE MAYOR TO EXECUTE AN SECOND AMENDMENT TO THE
CITY ATTORNEY EMPLOYMENT AGREEMENT
WHEREAS, on September 13, 2011, the City Council of the City of Belmont unanimously adopted Resolution 10417, appointing Scott M. Rennie to the position of City Attorney, and an employment agreement governing the terms of Mr. Rennie’s appointment was effectuated as of October 3, 2011 (“original agreement”); and, WHEREAS, on November 9, 2022, approved a restated agreement with Mr. Rennie, which included adjustments to base pay, automobile allowance, and leave accruals, and on September 10, 2024, approved a further adjustment to the base pay; and, WHEREAS, in or around July 2025, the City Council conducted Mr. Rennie’s performance evaluation and selected a sub-committee, to review and make a compensation recommendation based on performance, cost of living, and market position, and to meet and negotiate with Mr. Rennie; and,
WHEREAS, the City Council met in closed session on October 14, 2025, to consider the sub-committee’s findings and recommendations and gave direction to bring the proposed amendment to the City Attorney Employment Agreement to open session for discussion and consideration; and,
WHEREAS, the sub-committee recommends an increase in base pay for Mr. Rennie, to reflect a cost of living adjustment and merit increase that is consistent with the market.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The Council approves the Second Amendment to the City Attorney Employment Agreement for Scott M. Rennie to implement the compensation adjustments as outlined in attached Exhibit A, and authorizes the Mayor to execute the amendment. * * *
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ADOPTED October 28, 2025 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
265
Second Amendment to the Employment Agreement
between the City of Belmont
and Scott M. Rennie (City Attorney)
This Second Amendment to Employment Agreement (“Second Amendment”) is entered into by the City of Belmont, a municipal corporation (“City” or “Employer”), and Scott M. Rennie (“Employee”), collectively the “Parties.”
Recitals
A. The City and Employee entered into an agreement for employment effective October 3, 2011, for Employee to serve as City Attorney and subsequently entered into a new Employment Agreement on November 29, 2022, and subsequently entered into a first amendment to the Employment Agreement on September 10, 2024.
B. The City and Employee now desire to enter into a second amendment to the Employment Agreement.
Terms of Second Amendment
The City and Employee agree to amend the terms of the Employment Agreement as previously amended as follows:
1. Section 8.A (Salary) is amended by adding a second paragraph after the first paragraph to read:
Employee will receive a 3.0% cost of living increase and 3.5% merit increase effective the first day of the first full pay period on or after October 1, 2025.
2. Section 12.C (Dues and Subscriptions) is amended by adding a second paragraph after the first paragraph to read:
The City agrees to budget and pay for the costs associated with maintaining Employee's attorney licensure with the State Bar of California and complying with mandatory continuing legal education requirements.
3. Section 12.D (Professional Development) is amended by deleting 12.D.1 and replacing it with the following:
The City will budget and reimbursed employee up to a maximum of $1,000 per fiscal year for documented technology and other non-traditional work-related expenses.
Eligible costs include but are not limited to computers, mobile devices, software subscriptions, data plans, professional applications, and home-office equipment directly supporting the performance of this Agreement.
4. Except as amended above, all other provisions of the Employment Agreement as previously amended remain in full force and effect.
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Second Amendment to the Employment Agreement between the City of Belmont and Scott M. Rennie (City Attorney)
By signing below, the Parties agree to the full performance of the terms set forth herein.
City of Belmont
By:
Julia Mates, Mayor
Dated:
Employee
Scott M. Rennie
Dated:
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