1. CALL TO ORDER
2. ITEMS BEFORE 7:00 PM
3. PLEDGE OF ALLEGIANCE
4. REPORT FROM CLOSED SESSION
5. SPECIAL PRESENTATIONS
6. PUBLIC COMMENTS ON ITEMS NOT
ON THE AGENDA
7. COUNCILMEMBER ANNOUNCEMENTS
8. CONSENT BUSINESS
9. PUBLIC HEARINGS
10. GENERAL BUSINESS
11. BRIEF VERBAL REPORTS FROM
MEMBERS AND STAFF
12. MATTERS OF
INTEREST/CLARIFICATION
13. ADJOURNMENT
City Council
Special Meeting Agenda
Tuesday, October 28, 2025 City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
General order of Business City Council
Julia Mates, Mayor
Robin Pang-Maganaris, Vice Mayor
Gina Latimerlo, Councilmember
Tom McCune, Councilmember
Cathy Jordan, Councilmember
Staff
Afshin Oskoui, City Manager
Scott Rennie, City Attorney
Kathy Kleinbaum, Assistant City Manager
Ken Stenquist, Police Chief
Grace Castaneda, Finance Director
Ann Ritzma, Interim Admin Services Director
Carlos deMelo, Community Development Director
Brigitte Shearer, Parks and Recreation Director
Edric Kwan, Public Works Director
Jozi Plut, City Clerk
MEETING ATTENDANCE:
Council meetings, unless otherwise noted, are broadcast live to Belmont residents on
1. Comcast Cable Channel 27
2. Streamed live via the City's website at www.Belmont.gov
3. ZOOM https://belmont-gov.zoom.us/ Meeting ID: 95745673035
4. Attend the meeting in the Council Chambers, Belmont City Hall 2nd floor PUBLIC COMMENT:
Public in the Council Chamber present the Clerk a request to speak slip found at the table at the rear of the chamber.
If participating virtually use the Raise Hand feature to request to speak.
For dial- in comments, call *67 1-(669) 900-6833 (your phone number will appear on the live broadcast if *67 is not dialed prior to the phone number) enter Meeting ID: 95745673035, and press *9 to request to speak All public comments are subject to a 3-minute time limit unless otherwise determined by the Chair.
Belmont City Council Meeting Agenda October 28, 2025
1 To submit a written public comment:
E-mail [email protected] before the Council discusses the item, noting the agenda topic or number in the subject line. Comments received up to three hours before the meeting will be distributed to the Council and included in the record but not read aloud during the meeting..
The Mayor has the authority to rule any speaker out of order, including speakers during the Public Comment period; If the subject raised is not within the subject matter jurisdiction of the City Council, during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting.
The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed. All persons are expected to always conduct themselves with civility and courtesy. All persons giving comments shall speak directly to the Council and address issues, not individuals. Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated to foster an environment where everyone feels welcome to speak.
LEVINE ACT:
The Levine Act (California Government Code Section 84308) limits campaign contributions that may be made to elected or appointed City officials (including councilmembers and the mayor) and certain candidates for elective city offices. The Act prohibits an agent of a party from contributing any amount to councilmember while a proceeding for a contract valued at $50,000 or more, permit, license, or other entitlement for use is pending that does not solely involve purely ministerial decisions. The Act also prohibits parties and participants in the above entitlement proceedings from contributing more than $500 during the proceeding and for 12 months after the proceeding and requires disclosure of the prohibited contributions. The Act prohibits certain officials, including local elected officials, from taking part in an entitlement proceeding if the official has received a contribution exceeding $500 from a party or participant in the proceeding within the preceding 12 months. An official is also prohibited from accepting, soliciting, or directing a contribution exceeding $500 from a party or participant in the proceeding for 12 months after a final decision is rendered in such a proceeding. The law is complex, and this brief description is not legal advice. If you or an agent have made any campaign contributions to a councilmember in the 12 months before a proceeding in which you have an interest or you are contemplating making a contribution within the 12 months after such a proceeding, you are urged to review the Levine Act and consider consulting an attorney. The California Fair Political Practices Commission (FPPC) is responsible for administering the Levine Act. More information about the Act and its implementing regulations can be found on the FPPC’s website here:
https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
ACCESSIBILITY
If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
AGENDA POSTING: I declare a copy of this agenda was posted at City Hall, One Twin Pines Lane, and the City's website www.Belmont.gov Date: Time: /s/:
Belmont City Council Meeting Agenda October 28, 2025
2 1. CALL TO ORDER
2. ITEMS BEFORE 7:00 PM
3. PLEDGE OF ALLEGIANCE
4. REPORT FROM CLOSED SESSION
5. SPECIAL PRESENTATIONS
A. Recognition of Belmont Softball 10U & 12U Outstanding 2025 Season B. San Mateo County Library Annual Report Presentation
6. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
7. COUNCILMEMBER ANNOUNCEMENTS
8. CONSENT BUSINESS
City of Belmont
City Council Special Meeting Agenda
October 28, 2025
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
NOTICE REGARDING MEETING SCHEDULE
The City Council may meet prior to 7:00 PM for Study Sessions, Closed Sessions, or other Special Topics. All other business will commence at 7:00 PM as a time-certain agenda item.
Roll Call
A. CLOSED SESSION (none)
B. STUDY SESSION - Joint Meeting with Planning Commission (5:45 PM Start) The public will have an opportunity to address the City Council concerning this item. i. Housing Law Update
Recommendation: Receive an informational update on State housing laws and their implications for the City of Belmont
Attachments:
Staff Report
CPPG Housing Policy Overview
Goldfarb California Housing Law Presentation
C. SPECIAL SESSION/OTHER TOPICS (none)
ITEMS STARTING AT 7:00 PM
This portion of the meeting is reserved for persons wishing to address the Body on any City matter not on the agenda. The period for public comment at this point in the agenda is limited to 15 minutes, with a maximum of 3 minutes per speaker. Speakers who requested but did not receive an opportunity to speak during this comment period will be given an opportunity to address the Body later in the meeting. State law prohibits the Body from acting on non-agenda items.
Consent business items are considered to be routine in nature and will be enacted by one motion. There will be no Belmont City Council Meeting Agenda October 28, 2025
3 A. Approval of Minutes
B. Monthly Financials
C. Community Center Restroom Renovation Project CIP #8115 - CCN 2025-643 D. Parking and Traffic Safety Committee – Fall 2025 Recommended Actions
9. PUBLIC HEARINGS
A. Appeal of Planning Commission Approval of Application No. 2023-0032 for By-Right Processing of Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus for 500-580 Masonic Way
10. GENERAL BUSINESS
separate discussion on these items unless a member or staf request specific items to be removed for separate action.
The City Attorney will read the title of ordinances to be adopted.
Recommendation: Consider modifications and approve minutes.
Attachments:
October 14, 2025 Minutes
Recommendation: Motion to approve July 2025 Monthly Financials Attachments:
July 2025 Monthly Report
Recommendation: Adopt a resolution to 1) approve plans and specs, 2) authorize the City Manager to execute a contract to Zone 4 Construction, Inc. for $550,430 for renovation of restrooms in the Twin Pines Senior Center, Twin Pines Lodge, and Belmont Sports Complex, City Contract Number 2025-643, and 3) approve a budget appropriation in FY 2025-26 in the amount of $413,858 to complete all three renovation locations during this fiscal year Attachments:
Staff Report
Resolution
Recommendation: Adopt a resolution approving Parking and Traffic Safety Committee (PTSC) recommendations for safety improvements at Middle Road and Hainline Drive, Lassen Drive, and Old County Road near Sterling View Avenue Attachments:
Resolution
Staff Report
Recommendation: Adopt a resolution approving the requested by right entitlements for 500- 580 Masonic Way: Design Review, Grading Plan, Tree Permit, Affordable Housing Plan, Density Bonus, Transportation Demand Management Program, and State Density Bonus.
Attachments:
Staff Report
Attachment A - Resolution with Exhibit A and Exhibit B
Attachment B - Planning Commission Staff Report
Attachment C - Planning Commission Resolution No. 2025-18 Attachment D - Appeal Application and Supplemental Appellant Materials Attachment E - Applicant Appeal Response (Dated October 2, 2025) Attachment F - Revised Development Standards Evaluation General Business items are considered separately, typically in the order listed. The chair will call for public Belmont City Council Meeting Agenda October 28, 2025
4 A. 1301 Shoreway Development Agreement Terms
B. Local Amendments to 2025 California Building Standards Codes C. City-Owned Property Disposition Update and Exempt Surplus Land Declaration D. Approval of Amendments to Employment Agreements for the City Manager and City Attorney
11. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
comment on each item when the body considers the item.
Recommendation: Provide direction on the proposed Development Agreement terms under negotiation for the 1301 Shoreway commercial development project Attachments:
Staff Report
1301 Shoreway DA Term Sheet
1301 Shoreway project renderings
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.
Attachments:
Staff Report
BFPD Ord Ratifying 2025 Fire Code amendments
2025 CBSC Adoption Ordinance introduction
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 Attachments:
Staff Report
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
Attachments:
Staff Report
CM Employment Agreement Third Amendment - Resolution
CA Employment Agreement Second Amendment - Resolution
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
B. Verbal report from City Manager
Belmont City Council Meeting Agenda October 28, 2025
5 12. MATTERS OF INTEREST/CLARIFICATION
13. ADJOURNMENT
Items in this category are for discussion and direction to staf only. However, Council/Board may take final action on an item if there is no need for additional staf analysis.
Belmont City Council Meeting Agenda October 28, 2025
6
Housing Law Update - Staff Report
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Kathy Kleinbaum, Assistant City Manager
Agenda Title: Housing Law Update
Agenda Action: For Information Only
Recommendation
Receive an informational update on State housing laws and their implications for the City of Belmont.
Strategic Focus Area
Economic Development and Housing
Background
The landscape for housing development review and approval has significantly changed over the past few years with recent State laws significantly eroding local control. These laws have resulted in significant changes in the ability of cities to set enforceable design standards and allow for a comprehensive public review process. Additionally, recent laws have significantly shortened the timeline allotted to staff for review of housing development applications.
To provide an overview of the shifting landscape that cities are operating under, staff has arranged for a joint study session with the City Council and Planning Commission to go over the most impactful aspects of the new laws and other pending legislative trends. The presentation will be provided by the California Public Policy Group (CPPG), the City’s State legislative consultant, and Goldfarb and Lipman, a law firm that provides contract services to the City related to land use and development review.
Analysis
Key topics that will be covered in the presentation include:
• Trends in State laws related to housing production and erosion of local control • What to expect next session from the State
• Increase in projects eligible for ministerial approvals • Changes in timeline for project reviews
• Decreased control over building design/standards
• Residential development allowed in commercially zoned areas • Increased penalties for noncompliance
A draft of the presentations are included as Attachment A and B to this report.
Alternatives
1. No alternative actions, informational item only.
7
Housing Law Update - Staff Report
Attachments
A. CPPG Presentation
B. Goldfarb and Lipman Presentation
Fiscal Impact
☒ No Fiscal Impact This is an informational report and has no direct fiscal impact on the City.
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Statutory/Contractual Requirement Posting of Agenda 8 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM City of Be lmont City Council/Planning Commis s ion Study Ses s ion State Hous ing Policy Tre nds and Laws Dane Hutchings, Founder and CEO, California Public Policy Group Dan Carrigg, Senior Policy Advisor, California Public Policy Group CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM 9 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM
CPPG: Pre s e nte rs Snaps hot
Dane Hutchings
Dan Carrigg
• Senior Policy Advisor with CPPG
• 25 years of legislative advocacy—Former League of California Cities Legislative Director and Deputy Executive Director
• Regarded as a leading expert in housing, land use and taxation policy in the state • CPPG Founder and CEO
• 18 years of legislative advocacy—Last 10 representing local government • Former League of California Cities lobbyist
• Advanced legislation on behalf of clients in areas of housing, transportation, Brown Act and Voting Rights
10 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Goals and Obje ctive s
Trends in State Housing Laws. (A few charts and graphs) Major Factors Not Being Addressed in Policy
Recently Signed Bills, including SB 79
What to expect next session
11 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Policy Tre nds
State has tightened many housing laws, mostly focused on local authority (softest target)
Legislative policy focus largely reflects housing/land use disputes within the Bay Area, attempting to respond to:
Affordability challenges through increased density.
Traffic/commute/GHG reduction by promoting TOD
Lack of vacant, buildable land, by up-zoning single-family and other low-density development.
Most aggressive laws carried by Bay Area legislators and signed by Bay Area Governor.
12 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM State Tighte ne d Many Laws
• RHNA and Housing Elements: Increasing allocations to local agencies; adding new factors; increasing state oversight with penalties for non-compliance.
• Density Bonus Law: Authorizing increased densities and expanding developer incentives. • “By-Right” Development: Authorizing “ministerial” (non-discretionary) approval of projects which meet specified criteria.
• Housing Accountability: Expanding Attorney General’s and HCD’s authority to enforce various housing laws.
• Accessory Dwelling Units: Authorizing construction of multiple ADUs on a single-family parcel and multifamily parcels.
• Duplex and Four-Plex Housing: Authorizing development of up to four units on a single-family lot. (SB 9) • Housing in Commercial Zones: Authorizing ministerial approval of multifamily housing development on sites meeting various criteria in commercial zones. (SB 6, AB 2011) • Affirmatively Furthering Fair Housing: Promoting development/retention of affordable housing in higherresourced areas. 13 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Othe r Factors Not Be ing
Addre s s e d in State Policy
State housing policy expectations disconnected from some market realities:
Production: Decline in state housing production Since the 80’s, made even worse after 2008- 2009 recession/foreclosure crisis. Despite hundreds of bills being signed over the past 7 years production remains down.
Population: Flattening of state population growth decreases demand for new units. Market dynamics : increased interest rates, labor and construction costs affect investment. Developer/investor behavior: They pull back when prices/rents flatten. Wall Street: Corporate ownership of single-family housing increases competition for first-time homebuyers.
Lack of Res ources : Affordable units require subsidies. Declines exacerbated by RDA elimination.
14 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Production De cline s ove r Gove rnor’s Te rm, and through 2028 state forecast 15 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM De e pe r Economic Is s ue s at Play
16 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Corporate / Spe culative Owne rs hip of
Single -Family Home s
• Since 2010, California has lost over 700,000 owneroccupied single-family homes. • This decline is driven not just by Wall Street landlords, but also by a broader shift toward financialized
ownership —including private equity, short-term
rentals, and absentee buyers.
• Combined, these forces have turned homes into assets, reducing affordability and destabilizing communities
across the state.
• In the Bay Area, these pressures are intensifying —as institutional, remote, and corporate buyers reshape
once locally-owned neighborhoods.
17 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Major Factor: Significant Shortage of
Affordable Hous ing Funding
Affordable housing construction
dollars have been reduced:
Federal investments have declined
since the 1980’s
Elimination of Redevelopment in 2012
State funding infrequent and minimal
compared to needs
1986 Tax Reform Act, reduced tax
benefits for multifamily housing
18 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM ABAG’s RHNA More Than Double for 6th Cycle
Affordability Level 5th Cycle Allocation 6th Cycle Allocation Percentage Increase
Very Low 46,680 114,442 245%
Low 28,940 65,892 227%
Moderate 33,420 72,712 217%
Above Moderate 78,950 188,130 238%
Total 187,990 441,176 234%
Comparis on Between ABAG’s 5th and 6th Cycle RHNA Allocations 19 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Major Bills Signe d
SB 79 (Wiener) Trans it-Oriented Development
Establishes minimum height, density, and floor-area-ratios for housing development projects as an “allowed use” (on any site zoned for commercial, mixed, or commercial development) within either ¼ or ½ mile of a transit stop. (Transit districts given separate authority for projects developed on district-owned property). Takes effect July 1, 2026.
Belmont’s Cal Train Station appears to meet the definition in the bill for a ”Tier 1” stop, and housing development projects would be subject to the following minimum standards:
Height: ¼ mile: 75ft; ½ mile 65ft. Additional 20 feet if immediately adjacent to TOD stop.
Density: ¼ mile: 120ac; ½ mile: 100ac, with an additional 40 units per acre if immediately adjacent to TOD stop.
FAR: ¼ mile: 3.5; ½ mile: 3, with an additional 1 FAR if immediately adjacent to TOD stop.
Density Bonus: 3 DB incentives/concessions (1/4 mile at min density of 90ac) or 2 DB incentives/concessions (1/2 mile at min. density of 75 ac) (depending on level of affordability).
Minimum affordability: 7% extremely low; 10% very low; 13% lower, or local inclusionary requirement (if higher).
Labor: Prevailing wage applies to projects over 85 feet.
CPPG provided its clients with a detailed analysis of this bill. 20 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Major Bills Signe d
SB 79 (Wiener) Implementation
MPO’s are required to create maps of each TOD zone within its region by tier, in accordance with HCD’s guidance. HCD will promulgate standards by July 1, 2026, on how to allow for capacity in housing land inventory.
Locals can adopt interpreting ordinances, and “alternative plans” subject to HCD review and approval, which can offer some flexibility for locals on applicability of these standards to specific sites. Alternative plans can be developed via the housing element, a program to implement the housing element, a specific plan, a zoning overlay, or enactment of an ordinance. Plans must maintain overall “net zoned capacity” (units and floor area) across all TOD zones.
Plans cannot reduce maximum allowed density for any individual site for which the plan allows res idential us e by more than 50 percent, unless the site meets one of the following criteria:
i. Within very high fire hazard severity zone, or vulnerable to one-foot of sea level rise. ii. Sites with a historic resource designated on a local register. (Excluded sites can’t be more than 10% of eligible area.) iii. Where jurisdictions have more than one TOD zone, can’t reduce density by more than 50 percent in any one zone. 21 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Major Bills Signe d
AB 507 (Haney) Adaptive Reus e
Allows for “by right” conversions of office and other building to residential uses regardless of the underlying zoning. Does not apply within industrial zones that do not permit residential uses or hotel conversions.
Building must be either: (1) less than 50-years old, or (2) more than 50-years-old and not a historic resource, or (3) more than 50-years-old and a historic resource and the project complies with specified criteria.
At least 50% of project must be dedicated to residential uses.
Project must include affordable units:
Rental units must designate either 15% for lower income, or 8% very low and 5% extremely low.
Ownership units must designate either 15% for lower, or 30% for moderate.
Local inclusionary ordinances (requiring additional affordability) may also apply.
Local agencies are authorized to adopt an ordinance or resolution that agrees to dedicate additional property tax received from the converted property to the project proponent for up to 30 years as an “incentive amount” to support the project’s affordable units.
22 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Going Forward
• Monique Limon (D-Santa Barbara) assumes leadership of the Senate. Decisions on chairs of key committees very important.
• Continued state budget challenges, exacerbated by state/federal tensions. • Many candidates vying for Governor.
• In Housing,
• Expect another run at major revisions to SB 9 (duplex-fourplex) law. • Continued efforts to erode, limit, cap local development fee authority. • HCD will have major role in implementation of SB 79.
• Possible housing bond for 2026 ballot.
23 CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM Thank You!
CALIFORNIA PUBLIC POLICY GROUP • PUBLICPOLICYGROUP.COM 24 California’s Housing
Laws
Barbara E. Kautz
Goldfarb & Lipman LLP
City of Belmont Joint City Council and
Planning Commission Meeting
October 28, 2025
25 Presentation Overview
• Introduction: State Housing Policy
• The Housing Accountability Act
• Density Bonuses
• Ministerial Approvals and CEQA Exemptions
• Housing in Commercial Zones
• Shortened Review Times
• Litigation, HCD, and the Courts
• What Can Cities Do?
2 26
State Housing Policy
3 27
Making It Hard to Deny Housing Projects
“The Legislature’s intent in enacting this section in
1982 and in expanding its provisions since then was to
significantly increase the approval & construction of
new housing for all economic segments of California’s
communities by meaningfully and effectively curbing
the capability of local governments to deny,
reduce the density of, or render infeasible housing
development projects. This intent has not been
fulfilled.”
4 28
Major Themes in Legislation Since 2017
• Very difficult to deny or reduce density of housing
• Applicants may use density bonus law to ignore almost all City standards (height, floor area, etc.)
• State standards imposed in place of local ones (ADUs, SB 9, SB 79, parking, housing in commercial zones, code limits)
• Greatly reduced timelines for many approvals
• More ministerial approvals (no public input, no CEQA) • Increased authority to HCD
• Increased penalties for noncompliance
5 29
The Housing Accountability Act
6 30
Preliminary Applications
“Preliminary application” freezes development
standards as of date all required info was submitted
• But project must meet these timelines:
• Project application must be filed within 180 days
• Applicant must complete application within 90 days of receiving incomplete letter
• Can be submitted for ANY housing project.
7 31
Five-Meeting Limit for Housing Projects
City cannot hold more than 5 public meetings on
any housing project after project is “complete”
• Includes appeals and continuances
• Includes any meeting organized by the City
• Applies to single-family homes
• Excludes legislative actions (rezonings, etc.)
8 32
Key Provisions
Denial of any housing project with 2+ units only if:
• Project doesn’t comply with “objective
standards” OR
• Results in “specific adverse impact” on public
health & safety
• A “significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public
health or safety standards” that can’t be mitigated
9 33
Key Provisions – “Affordable” Project
Denial of “affordable” project only if:
• Doesn’t comply with both zoning and general plan
• “Specific adverse impact”
• Doesn’t comply with state or federal law
• Inadequate water or sewer
• Zoned for ag or resource preservation;
surrounded on two sides by sites used for that
10 34
What Is an “Objective Standard”?
“Involves no personal or subjective judgment by a public official and verifiable by referring to an external benchmark" 11 OBJECTIVE SUBJECTIVE
DENSITY REQUIREMENTS REFLECT THE LOOK AND FEEL OF THE
COMMUNITY
HEIGHT LIMITS SITE IS NOT PHYSICALLY SUITABLE FOR
THE PROPOSED USE
LOT COVERAGE MUST BE COMPATIBLE WITH ADJACENT
USES
SETBACKS
FAR REQUIREMENTS
35 Implications for Project Review
•BUT: Developers can obtain waivers of most
City standards, objective or not, under
density bonus law
•Includes height, setbacks, open space, ground
floor commercial, design standards, etc. etc.
•Project with waivers is considered
“consistent”
12 36
Density Bonuses
13 37
Density Bonus Law
• Eligible project: 5% to 100% affordable housing
• Eligible projects entitled to receive:
• A density bonus [20 – 100%, or unlimited];
• 1 – 7 “incentives / concessions” [reduce costs]
• Unlimited waivers of development standards
• Reduced parking requirements.
• Density Bonus project = consistent with City standards • So can qualify for many CEQA exemptions
14 38
Concessions and Waivers for Density Bonus
• Can only be denied if:
• “Specific, adverse impact”
• Violates state or federal law
• Adverse impact on project listed on California Register • Concessions may also be denied if they do not result in “identifiable and actual cost reductions”
• Banker’s Hill 150 v. City of San Diego: waivers must be approved for project “as designed”
15 39
Density Bonus Law
• Affordable units required by City can qualify
project for density bonus (Latino Unidos v.
County of Napa)
• Example:
• Belmont requires 15% low (rental) or 15% moderate (forsale) income units for projects with 25 units or more • All of these projects are eligible for a density bonus • Smaller projects can also elect to provide affordable housing
16 40
Ministerial Approvals
&
CEQA Exemptions
&
More Limits
17 41
California Environmental Quality Act
If project requires
discretionary approval,
CEQA may apply
• Mitigation measures can
be imposed if project
not exempt
• But more exemptions
and more ministerial
approvals exempt from
CEQA
18 42
Ministerial Approvals
•Only reviewed according to fixed standards;
like building permits
• Exempt from CEQA review
• State has created more and more categories
• ADUs, SB 9, some subdivisions with 10 units or less
• “SB 35”: streamlined review on housing sites
• AB 2011: housing in commercial zones
• SB 4: affordable housing on faith-based and
private educational sites
19 43
Broad New Infill Exemption (AB 130)
Housing Projects in City Are Exempt from CEQA If:
• Site not more than 20 acres
• Previously developed with an urban use or 75% surrounded by urban uses or near urban uses
• Consistent with general plan and zoning
• At least 15 du/acre
• Meets certain environmental standards (no habitat for protected species, no wetlands, meets flood & fire stds.) • Doesn’t demolish listed historic resource
20 44
“By Right” Sites
Exemption from CEQA for Housing on “Reused”
Sites Designated for Housing in Housing Element
• 20% lower income housing
• Subdivision subject to CEQA
21 45
Freeze on Residential Building Codes
No changes in CBC or local standards until June 1, 2031 except:
• Bldg. Standards Comm. deems necessary as emergency
standards to protect health & safety
• Relate to home hardening (also if proposed by Fire District) • Implement a general plan adopted by June 10, 2025 to
permit mixed-fuel buildings while incentivizing all-electric • Changes related to administrative practices
22 46
Housing in Commercial Zones
23 47
Housing in Commercial Zones (AB 2011/SB 6)
•City is receiving inquiries from
developers interested in developing
housing in 100% commercial/industrial
zones
•AB 2011/SB 6/SB 79 may allow this
•Ministerial approval under AB 2011/SB 6
•May be ministerial under SB 79
24 48
AB 2011/SB 6
• Apply to most sites where commercial & parking uses
may occupy more than 1/3 of the site
• Specific plan adopted before 1.1.24 must allow
multifamily development
• Not allowed if site or adjoining sites have more than 1/3 industrial use
• Other complex requirements
SB 79:
• Appears to apply within ¼ mile of Caltrain station
25 49
Housing in Commercial Zones
• Specifies allowed building heights & densities
• AB 2011: 30 to 80 units/acre; 35-65’ height
• SB 79: 120 units/acre; 75-foot height; FAR 3.5
• Density bonus applicable
• Affordability requirements
• Prevailing wages required (SB 79: over 85’ only)
• SB 6: only 50% residential required
26 50
Shortened Review Times
27 51
Ministerial Projects: VERY Fast Timelines
• 60 days from receipt of complete application
• City may have only 30 days from determination of
completeness
• No time for optional public review of projects
• Exception for AB 2011/SB 6 projects
• 60-90 days from submittal to determine
consistency; 30 days from resubmittal
• 60-90 days from consistency to approve
28 52
New AB 130 Infill Exemption
Tribal Notification
• Tribes have 60 days to respond
• Consultation must be completed in 45 – 60 days
If Project Eligible, City Must Then Approve or Deny
Project Either:
• Within 30 Days after tribal notification complete; or • Within 30 days after deadline to provide consistency
determination
29 53
Difficult to Schedule Public Hearings within
Limited Review Time
• Public notice must be sent minimum of 10 days
before hearing
• Staff reports published 6 days before hearing
• To schedule hearing, staff must commence staff reports and preparation of hearing notices before tribal
consultation or review of project is complete
30 54
Litigation, HCD, and the Courts
31 55
HCD and Attorney General Enforcement
•HCD Housing Accountability Unit
• Broader and broader authority
• Letters of Technical Advice
• Notices of Violation
• Referral to Attorney General
• Attorney General has strike force that acts
independently
32 56
HCD Decertification & the Builder’s Remedy
•HCD has authority to “decertify” housing element
if not implemented as promised
• Would subject Belmont to the “builder’s remedy”
• All sites could be built with “base density” of at least 80 du/acre; could be doubled with density bonus
• Project could qualify for new infill exemption
• Must be approved “as proposed by the applicant”
33 57
Third-Party Litigants & Aggressive Developers
Californians for Homeownership, YIMBY,
California Housing Defense Fund
• Have sued dozens of cities on housing issues
• Often join in, or are plaintiffs, in litigation
related to denials of housing development
Developers’ attorneys
• More & more aggressive, demanding, &
challenging
34 58
Housing Cases in General
•Courts:
• Generally very pro-housing
• Uphold housing approvals
• Overturn denials
•City risks:
• Significant attorneys fees exposure
• High defense costs
• AB 712: fine of $10,000/unit if take action
contrary to letter received from HCD or AG
35 59
What Can Cities Do?
36 60
Proactive Steps
• Adopt objective health & safety standards
• Examples: sidewalk & bikeway standards, street
design, “safe routes to school,” fire evacuation
standards, adequate sewer & water capacity, etc.
• Designate historic sites and buildings
• Adopt standards requiring studies of
environmental issues apart from CEQA
• Adopt environmental standards & mitigation
measures
• Contact your legislators
37 61
Project Review
• Review Under CEQA, If Not Exempt
• Analysis of environmental issues required
• City may impose feasible mitigation measures
• Enforce Health & Safety Standards
• Enforce State & Federal Law
• Protect Historic Sites If Possible
38 62
Thank You
39 63
City Council Meeting Minutes
October 14, 2025
page 1
CITY OF BELMONT CITY COUNCIL REGULAR MEETING MINUTES
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California OCTOBER 14, 2025
1. CALL TO ORDER 5:47 PM
ROL CALL
COUNCILMEMBERS PRESENT: McCune, Jordan, Latimerlo, Pang-Maganaris, Mates COUNCILMEMBERS ABSENT: None
2. ITEMS BEFORE 7:00 PM
A. CLOSED SESSION - 5:45 PM, Room 360, City Hall, 3rd floor I. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation under Government Code Section 54956.9(d)(4): 2 cases II. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6 Unrepresented Employees: City Manager, City Attorney, Designated Representatives: Robin Pang-Maganaris and Tom McCune
RECESSES at 7:00 PM to items starting at 7:00 pm.
B. STUDY SESSION (none)
C. SPECIAL SESSION/OTHER TOPICS (none)
3. PLEDGE OF ALLEGIANCE
Led by Mayor Mates
4. REPORT FROM CLOSED SESSION
City Rennie stated that direction to initiate or intervene in an action was given. The action, the defendants, and the other particulars will, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
5. SPECIAL PRESENTATIONS (none)
6. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
David Clark representing Invisible San Mateo commented on national politics. 64 City Council Meeting Minutes
October 14, 2025
page 2
7. COUNCILMEMBER ANNOUNCEMENTS
Councilmembers mad announcements of upcoming events.
8. CONSENT BUSINESS
A. Approval of Minutes, September 9, 2025, September 23, 2025 B. Monthly Financial Report June 2025 A
C. Resolution 2025-66 authorizing the City Manager to negotiate and enter into a Memorandum of Understanding with the Cities of Brisbane, Daly City, East Palo Alto, Half Moon Bay, Menlo Park, Pacifica, Redwood City, San Bruno, San Mateo, the County of San Mateo, and Baird + Driskell + Abrams Community Planning, dba Community Planning Collaborative (CPC), for the purpose of studying the feasibility and complying with the legal requirements of inclusionary housing and commercial linkage fee requirements, and sharing analysis and resources for greater efficiency for the eleven jurisdictions participating in this collaborative effort known as the Multi-Jurisdictional Grand Nexus and Feasibility Study (Grand Nexus Study) D. Resolution 2025-67 approving a Permanent Encroachment Agreement for a retaining wall within the public right-of-way at 718 Alameda de las Pulgas (APN 044- 043-200)
E. Resolution 2025-68 authorizing the City Manager to negotiate and execute a Project Specific Maintenance Agreement between the City of Belmont and Caltrans for the construction of a High-Intensity Activated Crosswalk (HAWK) crossing. Hill Street and El Camino Real
F. Motion authorizing the City Manager to negotiate and execute Amendment No. 2 to the Service Agreement with Granicus LLC for public engagement software solutions in an amount not-to-exceed $37,947, plus a 10% contingency, for a total service agreement amount not-to-exceed $666,637 through June 30, 2029.
G. Motion authorizing the City Manager to negotiate and execute a Service Agreement with Economic & Planning Systems, Inc. (EPS) to perform a Development Impact Fee Nexus Study in an amount not-to-exceed $128,000.
ACTION: On a motion made by Councilmember McCune and seconded by Councilmember Pang-Maganaris the consent calendar was approved by a roll call vote (5- 0)
9. PUBLIC HEARINGS (none)
10. GENERAL BUSINESS
A. Belmont Community Center Master Plan Update
Jonathan Hartmann City Consultant with Group 4 provided a presentation on the master plan progress. He noted that staff and Group 4 held a project kickoff and conducted technical meetings with the Planning and Parks & Recreation Departments, shared design updates with the Parks and Recreation Commission, and engaged directly with residents.
65 City Council Meeting Minutes
October 14, 2025
page 3
He noted that feedback from the broader community highlighted the upgrades and repairs most valued by Belmont residents.
Public comment provided by Govind Narayan and email correspondence received.
Council discussion ensued no action taken.
B. Belmont Harbor Industrial Area (HIA) Specific Plan Update At this time Councilmember Latimerlo recused herself from the dais and exited the chamber due to her home’s proximity to the HIA.
Deputy Community Development Director Russel provided an update on the Belmont Harbor Industrial Area (HIA) Specific Plan Project. She noted that next steps are to draft the Specific Plan and provide public comment opportunities.
Council discussion ensued.
Written correspondence was received as well as public comment at the meeting from the following individuals: Caroline Pyrz, Ward Mace, Jen McBride, Jill Elkington, Yerry Yee, Joseph LoCoco, Noreen Leek, Brian Shiraisiti, Reed McBride, Kelly O’Dea, Alan Droutsas, Annie Chung, Jan Hoang, Lorena Ventura, Alison LoCoco Taylor E.
The Council concurred with staff’s recommendation and directed staff to maintain low height limits, adopt regulations to minimize light pollution, and not pursue a residential buffer transition.
11. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
Councilmembers reported on their assignments.
B. Verbal report from City Manager
City Manager Oskoui noted that a number of holiday events are being planned for the community to enjoy and the search for a new Belmont Poet Laurett is open.
12. MATTERS OF INTEREST/CLARIFICATION
13. ADJOURNMENT to Closed Session at this time being 10:08 PM.
Closed Session adjourned at 10:30 p.m.; report out to be provided at the October 28 meeting.
66 City Council Meeting Minutes
October 14, 2025
page 4
Submitted by,
Jozi Plut, City Clerk
Meeting video recorded
67 FISCAL YEAR 2025-26
MONTHLY FINANCIAL REPORT - JULY 31, 2025
HIGHLIGHTS
PERFORMANCE AT
A GLANCE REPORT
• General Fund balance increased
compared to prior YTD
FUND RECAP AT A GLANCE REPORT
Notable Fund Balance Increase compared to prior YTD:
•General Fund
•Belmont Fire Protection District
• Sewer Collection System
• Sewer Treatment
Notable Fund Balance Decrease compared to prior YTD:
• Affordable Housing Successor
CASH DISBURSEMENTS &
PURCHASE ORDER
ACTIVITY REPORT
BUDGET VARIANCE
REPORT
• Management Discussion & Analysis
• Tax Trends
This report contains financial information which has not been reviewed or audited by an independent auditor, does not reflect the application of generally accepted accounting principles in all instances and is subject to future revision. This report has not been prepared with a view to informing an investment decision in any of the City’s bonds, notes or other obligations. Any projections, plans or other forward-looking statements included in this report are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from any such statement. The information herein is not intended to be used by investors or potential investors in considering the purchase or sale of the City’s bonds, notes or other obligations and investors and potential investors should rely only on information filed by the City on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and website, maintained on the World Wide Web at https://emma.msrb.org/ These financial reports are designed to provide a general overview of the City of Belmont’s interim finances. Questions concerning any information provided in these reports should be addressed to [email protected] or for additional information regarding the City’s financial activities, including past award winning audited financial statements, transparency efforts and best practices please visit the City at www.belmont.gov. 68 City of Belmont
Performance at a Glance
Results for the Period Ended July 31, 2025
(000's)
6/30/2015 2015 $9,049 Audited
6/30/2016 2016 $9,177 Audited
6/30/2017 2017 $11,128 Audited
6/30/2018 2018 $11,325 Audited
6/30/2019 2019 $14,846 Audited
6/30/2020 2020 $13,637 Audited
6/30/2021 2021 $13,398 Audited
6/30/2022 2022 $18,013 Audited
6/30/2023 2023 $26,586 Audited
6/30/2024 2024 $31,003 Audited
6/30/2025 2025 $34,416 Unaudited
7/31/2025 2026 $32,250 Unaudited
* excludes Measure I
\0
Fund Balance - YTD Fund Deficits
As shown on the Fund Recap at a Glance (page 3) Library Bond Debt Service Fund has deficits and is expected to be eliminated in a future period.
The General Fund balance is $32.2 million, a decrease of $2.2 million compared to the amount at the prior fiscal year end primarily due to annual insurance premiums and pension contributions that were made in the beginning of the fiscal year.
General Fund
General Fund Balance Trends*
$0 $20
Budget
Expenditures
Actual
Expenditures
Budget
Revenues
Actual
Revenues
All Funds Revenues & Expenditures
YTD Comparison (in millions)
43%
46%
1%
5%
5%
Capital Improvement Plan
Streets
Sewer
Technology
Recreational Facilities
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 General Fund Balance Trend
(in million)
2 69
UnAudited Unaudited PY YTD
Fund Fund Balance YTD YTD PY YTD YTD YTD PY YTD Fund Balance Fund Balance Fund Name 06/30/25 Budget Actual (Under) % Actual Budget Actual Under % Actual 07/31/25 07/31/24 (1) (2) Over (3) (Over) (1)+(2)-(3)
GENERAL FUND
101 General $34,416 $2,744 ($214) ($2,958) -8% $300 $2,874 $1,952 $922 68% $1,808 $ 32,250 29,495 102 Measure I 3,599 209 (215) (424) -103% (196) 583 0 583 0% 1 3,384 4,268
SPECIAL REVENUE FUNDS
205 Recreation 609 352 106 (246) 30% 87 357 439 (82) 123% 407 276 77 206 Library Maintenance & Operation 211 54 (2) (56) -4% 0 48 17 31 35% 24 192 753 207 Athletic Field Maintenance 446 16 25 9 156% 28 29 7 22 24% 5 464 414 208 City Tree 230 1 1 0 100% 1 4 3 1 75% 3 228 250
209 Senior Services Donation 105 1 0 (1) 0% 6 1 0 1 0% 0 105 102210 Development Services 2,815 478 505 27 106% 439 547 385 162 70% 375 2,935 2,084 212 General Plan Maintenance 855 105 40 (65) 38% 42 150 46 104 31% 43 849 1,491223 Belmont Fire Protection District 31,503 1,658 (88) (1,746) -5% 274 1,268 2,542 (1,274) 200% 4,653 28,873 21,503225 Police Grants and Donations 35 0 0 0 N/A 0 2 0 2 0% 0 35 35227 Supplemental Law Enforcement 167 16 0 (16) 0% 0 18 17 1 94% 8 150 63 231 Street Maintenance 1,988 242 5 (237) 2% 2 254 177 77 70% 173 1,816 1,194 232 RMRA Street Project 798 63 0 (63) 0% 0 127 2 125 2% 6 796 492 233 Measure W 2,618 43 (33) (76) -77% (36) 246 0 246 0% 0 2,585 2,259 234 Street Improvements 3,209 93 0 (93) 0% 9 285 3 282 1% 8 3,206 2,936 237 Traffic Impact 511 19 5 (14) 26% 0 0 0 0 N/A 0 516 100 239 Public Art 438 4 110 106 2750% 0 22 0 22 0% 0 548 420275 Affordable Housing Successor 4,033 55 2 (53) 4% 7 163 15 148 9% 21 4,020 6,042 277 Inclusionary Housing 3,541 4 0 (4) 0% 0 0 0 0 N/A 0 3,541 3,254 Total Special Revenue 54,109 3,204 676 (2,528) 21% 859 3,521 3,653 (132) 104% 5,726 51,132 43,469
CAPITAL PROJECT FUNDS
308 General Facilities 581 2 0 (2) 0% 0 50 0 50 0% 0 581 621310 Infrastructure 2,383 8 0 (8) 0% 0 206 0 206 0% 0 2,383 2,290 312 Comcast PEG Program 364 5 0 (5) 0% 0 4 0 4 0% 0 364 421341 Planned Park 482 36 0 (36) 0% 0 58 0 58 0% 0 482 1,084 342 Park Impact 1,083 5 9 4 180% 0 91 0 91 0% 0 1,092 680343 Open Space 55 0 0 0 N/A 0 9 0 9 0% 0 55 104399 Capital Improvement Projects 2,962 4,465 (254) (4,719) -6% (17) 4,804 (300) 5,104 -6% (99) 3,008 3,374 704 Special Assessment Districts 342 1 0 (1) 0% 0 0 0 N/A 0 342 328 Total Capital Projects 8,251 4,522 (245) (4,767) -5% (17) 5,222 (300) 5,522 -6% (99) 8,306 8,901
DEBT SERVICE & OTHER FUNDS
406 Library Bond Debt Service 345 60 0 (60) 0% 0 82 553 (471) 674% 546 (208) (226) 501-505 Sewer Collection System 48,626 1,935 2,861 926 148% 5,869 2,902 5,185 (2,283) 179% 7,596 46,302 38,579 507 Sewer Treatment 30,304 290 0 (290) 0% 0 359 1,744 (1,385) 486% 1,243 28,560 27,591 525 Storm Drainage Enterprise 879 176 0 (176) 0% 10 277 163 114 59% 138 716 1,278 530 Solid Waste Management 2,370 65 0 (65) 0% 0 54 35 19 65% 38 2,335 2,072570 Worker's Compensation 1,941 91 128 37 141% 81 78 769 (691) 986% 729 1,300 1,189571 Liability Insurance 3,233 95 732 637 771% 67 120 629 (509) 524% 653 3,336 2,738573 Fleet & Equipment Management 9,239 485 461 (24) 95% 409 544 536 8 99% 301 9,164 8,349574 Facilities Management 925 269 205 (64) 76% 244 298 359 (61) 120% 398 771 212575 Benefit Prefunding 1,627 134 112 (22) 84% 109 150 126 24 84% 65 1,613 1,357 Total Debt & Other 99,489 3,600 4,499 899 125% 6,789 4,864 10,099 (5,485) 208% 11,707 93,889 83,139Total All Funds $199,865 $14,279 $4,501 ($9,778) 32% $7,735 $17,064 $15,404 $1,410 90% $19,143 $188,962 $169,272Fund Types:
Variance
City of Belmont
Fund Recap at a Glance
Results for the Period Ended July 31, 2025
(000's)
General Fund - Used to account for and report all financial resources not accounted for and reported in another fund.Special Revenue Funds - Used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects.Capital Projects Funds - Used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital asDebt Service & Other Funds - Includes funds used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest; funds used to finance and account for special activities and services performed by a designated department for other departments in the City on a cost reimbursement basis; and funds to account for operations financed and operated in a manner similar to a private business enterprise with the intent that the cost of providing goods and services is primarily financed through user charges; and funds used to account for assets held by the City as an agent.
Variance
Revenues Expenditures
3 70
City of Belmont
Budget Variance Report
General Fund / All Other Funds
Results for the Period Ended July 31, 2025
(000's)
General Fund All Other Funds
Year to Date (YTD) Annual PY YTD Year to Date (YTD) Annual PY YTD Budget Actual Variance % Budget Actual Budget Actual Variance % Budget Actual
REVENUES
Taxes $1,948 ($471) ($2,419) -24% a $23,377 ($351) $1,968 ($247) ($2,215) -13% d $23,618 ($232) Licenses and permits $102 $5 (97) 5% $1,227 $5 200 271 71 136% 2,392 247 Intergovernmental $35 $12 (23) 34% $420 $17 1,014 (363) (1,377) -36% e 2 12,167 Charge for services $393 $269 (124) 68% b $4,714 $298 3,406 1,508 (1,898) 44% f 1,252 40,870 Fines and forfeits $9 $2 (7) 22% $113 $1 - - - N/A - -
$161 ($32) (193) -20% c $1,934 $330 537 (65) (602) -12% c 320 6,447 Miscellaneous $27 $1 (26) 4% $321 $0 47 707 660 1504% 563 33 Other financing sources - - - N/A - - - - - N/A - -
Transfers in $75 - (75) 0% $894 - 4,355 2,904 (1,451) 67% g 5,813 52,271 Total Revenues 2,750 (214) (2,964) -8% 33,000 300 11,528 4,715 (6,813) 41% 138,328 7,435
EXPENDITURES
General Government $697 $523 (174) 75% 8,359 500 765 2,049 1,284 268% h 9,188 1,748 Public Safety $1,448 $1,253 (195) 87% 17,378 1,134 1,252 2,556 1,304 204% i 15,020 4,661 Streets and Utilities - - - N/A - - 5,965 749 (5,216) 13% 71,583 1,043 Culture and Recreation $259 $176 (83) 68% 3,105 174 936 837 (99) 89% 11,234 854 Urban Redevelopment - - - N/A - - 679 331 (348) 49% 8,147 326 Non Departmental $0 $0 - N/A 0 0 134 12 (122) 9% 1,610 7 Debt Service - - - N/A - - 497 4,012 3,515 807% j 2,885 5,965 Transfers out $475 - (475) 0% 5,700 - 3,955 2,904 (1,051) 73% 47,465 5,813 Total Expenditures 2,879 1,952 (927) 68% 34,542 1,808 14,183 13,450 (733) 95% 170,212 17,337 ($129) ($2,166) ($1,542) ($1,508) ($2,655) ($8,735) ($31,884) ($9,902) Management Discussion and Analysis
(Items with unfavorable budget variance more than $0.1 million) General Fund
Revenues
Other Funds
Revenues
Expenditures
Use of money and property
c) Use of Money and Property - the budget variance is primarily due to quarterly interest that won't get allocated until the end of the quarter in September. b) Charges for Services - the budget variance is primarily due to the 1st quarter Public Safety and Wildfire Prevention revenue, which will be received in September.
OVER/ (UNDER)
EXPENDITURES
a) Taxes - The budget variance is primarily due to the timing of semi-annual property tax receipts received in December and April. In addition, the majority of Sales Tax and Transient Occupancy Tax (TOT) received in July are related to June activities, which are subject to an accounting adjustment. d) Taxes - The budget variance is primarily due to the timing of semi-annual property tax receipts received in December and April. e) Intergovernmental - Grant revenue will be received and reported in a future reporting period.
Trends
g) Transfers In - Transfer amount was budgeted based on full CIP commitments. Actual expenditures and CIP transfers are recorded as the project progresses, and any remaining budget will be carried forward to the next fiscal year or release back to funding source upon project completion. f) Charges for Services - The Sewer User Fee (Collection & Treatment) is included as part of the City's Property Tax bill to be received semi-annually, typically in December and h) General Government - The annual insurance premium and OPEB contributions were paid in July. i) Public Safety - First quarter payments of $2.1M to BSCFD was made in July. j) Debt Service - Annual debt service on bonds were paid in July. -$600
-$400
-$200
$0
$200
$400
$600
$800
$1,000
$1,200
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Thousands
Sales Taxes & TOT - Monthly Comparison
Sales Taxes FY 25 Sales Taxes FY 26 TOT FY 25 TOT FY 26 $0
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
$16,000
FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 Thousands
Major General Fund Taxes - 10-year Trends
Prop Tax Sales Taxes TOT
4 71
City of Belmont
Disbursements & Purchase Order Activity Report
Results for the Period Ended July 31, 2025
Vendor Description Date No. Amount
CALPERS JULY HEALTH PREMIUM 7/9/25 DAJ000009854 227,895.98 CALPERS COB CONTRIBUTIONS PPE 7/11/25 7/10/25 DAJ000009855 94,228.07 CALPERS COB CONTRIBUTIONS PPE 7/25/25 7/25/25 DAJ000009856 114,994.84 CALPERS COB & BFD UAL PAYMENTS 7/30/25 DAJ000009857 4,736,862.00 MISSIONSQUARE DEF COMP ACCT 302442 7/14/25 DAJ000009860 54,063.81 MISSIONSQUARE DEF COMP ACCT 302442 7/28/25 DAJ000009863 53,912.84 BANK OF NEW YORK 2019 SEWER REVENUE BOND 7/22/25 DAJ000009864 719,508.37 FIRST FOUNDATION BANK 2022 SEWER REFUNDING BOND 7/22/25 DAJ000009865 772,432.75 BANK OF NEW YORK 2018 SEWER REVENUE BOND 7/22/25 DAJ000009866 913,375.09 BANK OF NEW YORK 2016 SEWER REVENUE BOND 7/22/25 DAJ000009867 372,129.45 BANK OF NEW YORK 2016 SEWER REFUNDING BOND 7/22/25 DAJ000009868 673,917.70 BANK OF NEW YORK 2004 SPECIAL TAX FUND(LIBRARY) 7/22/25 DAJ000009869 551,579.56 ADP WAGE PPE 7/05/25 ADP WAGE PPE 7/05/25 7/11/25 DAJ000009921 528,728.66 ADP TAX PPE 07/05/25 ADP TAX PPE 07/05/25 7/11/25 DAJ000009924 128,347.86 ADP WAGE PPE 07/19/25 ADP WAGE PPE 07/19/25 7/25/25 DAJ000009925 558,000.98 ADP TAX PPE 07/19/25 ADP TAX PPE 07/19/25 7/25/25 DAJ000009928 140,470.43 APR - JUN 25 LAIF INTEREST APR - JUN 25 LAIF INTEREST 7/15/25 IAJ000009937 814,448.41 APR - JUN 25 LAIF INTEREST APR - JUN 25 LAIF INTEREST 7/15/25 IAJ000009938 817,533.61 Total Disbursements in Excess of $50,000 12,272,430.41 $ Total Count 18
Vendor Description Date No. Amount
CRAYON SOFTWARE EXPERTS LLC MS ENTERPRISE SUBSCRP 7/1/25 26 00005 238,699.00 BAMACOR, INC. FY26 FACILITIES CUSTODIAL 7/1/25 26 00004 420,275.00 Total Purchase Orders Issued in Excess of $50,000 658,974.00 $ Total Count 2
Disbursements Amounts Equal to $50,000 and Above
Purchase Order Amounts Equal to $50,000 and Above
5 72
Beginning Balance Ending Balance
June 30, 2025 Receipts Disbursements July 31, 2025
City of Belmont $ 139,661,432.02 $ 6,174,280.75 $ (14,285,167.86) $ 131,550,544.91 Belmont Fire Protection District 31,262,686.74 306,970.81 (2,693,080.86) $ 28,876,576.69 Total $ 170,924,118.76 $ 6,481,251.56 $ (16,978,248.72) $ 160,427,121.60 -
Deposit Investments Pool Total
City of Belmont & Belmont Fire Protection District $ 6,773,921.03 $ 153,653,200.57 $ 160,427,121.60 -
Respectfully Submitted,
s/b Grace Castaneda
Grace Castaneda
City Treasurer
I certify that this report accurately reflects all investments of City of Belmont and Belmont Fire Protection District, and is in conformance with the adopted Investment Policy mandated by Government Code 53646. Furthermore, I certify to the best of my knowledge, sufficient investment liquidity and anticipated revenues are available to meet the Agency's budgeted expenditure requirement for the next six months.
CITY OF BELMONT
TREASURER'S REPORT
July 31, 2025
Balance Summary
Agency Receipts and Disbursements Summary
treasurer report 07-2025
73 Investment Type 45838
Maturity
Date Par Amount Current Market Value Interest Total
Investment
Period Rate
Pricing
Source Manager
Deposit
General Account Wells Fargo $ 6,773,921.03 $ 6,773,921.03 Bank Bank Investments:
L.A.I.F.-POOL State of California Daily 149,987,205.50 150,166,936.67 532,204.60 90 days 4.258% LAIF LAIF L.A.I.F.-BONDS State of California Daily 3,665,995.07 3,670,388.07 13,008.17 90 days 4.258% LAIF LAIF Total $ 160,427,121.60 $ 160,611,245.77 $ 545,212.77
s/b Grace Castaneda
S/B John Violet
Investment Detail
CITY OF BELMONT
TREASURER'S REPORT
July 31, 2025
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 LAIF-POOL 138,672,002 138,272,002 132,972,002 131,234,515 132,734,515 145,434,515 145,434,515 148,989,576 148,989,576 148,630,223 148,630,223 148,630,223 149,987,206 LAIF-BOND 5,584,201 5,288,201 5,288,201 5,160,156 5,099,509 5,099,509 5,099,509 4,433,156 4,433,156 4,485,737 4,485,737 3,618,737 3,665,995 INTEREST RATE 4.516% 4.579% 4.575% 4.518% 4.477% 4.434% 4.434% 4.333% 4.313% 4.281% 4.272% 4.269% 4.258%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
7.00%
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
$160,000,000
City of Belmont Investment Portfolio Trends
74
Community Center Restroom Renovation Project CCN 2025-643
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Cody George, Recreation Manager, [email protected]; Brigitte Shearer, Parks and Recreation Director, [email protected]
Agenda Title: Community Center Restroom Renovation Project CIP #8115 - CCN 2025-643 Agenda Action: Resolution
Recommendation
Adopt a resolution to 1) approve plans and specs, 2) authorize the City Manager to execute a contract to Zone 4 Construction, Inc. for $550,430 for renovation of restrooms in the Twin Pines Senior Center, Twin Pines Lodge, and Belmont Sports Complex, City Contract Number 2025-643, and 3) approve a budget appropriation in FY 2025-26 in the amount of $413,858 to complete all three renovation locations during this fiscal year.
Strategic Focus Area
Infrastructure and Mobility
Background
The Twin Pines Senior and Community Center, constructed in 1987, has long served as a vital gathering place for seniors and the broader community, hosting recreation programs, social activities, educational events, community meetings, and private celebrations. After decades of continuous and heavy use, the facility now requires more substantial improvements, particularly to its restrooms, to ensure continued accessibility, comfort, and functionality.
Similarly, the Lodge (built in 1976) and the Belmont Sports Complex (built in 1990) have supported extensive recreation programming, community events, and facility rentals over many years. Both facilities exhibit signs of wear consistent with their age and level of use, underscoring the need for modernization and maintenance to sustain their high level of service to the community..
Analysis
Accessibility renovations identified in the City’s 2017 ADA Transition Plan will also be incorporated into each site improvement project, ensuring compliance with current standards and enhancing equitable access for all users.
The City issued Invitations for Sealed Bids for the Community Center Restroom Renovation Project on September 16, 2025. The bid package included add alternates for restroom renovations at the Twin Pines Lodge and the Belmont Sports Complex, as well as potential hazardous materials removal at each site, should such work be required. A mandatory pre-bid site visit was held on September 29, 2025, with fifteen 75
Community Center Restroom Renovation Project CCN 2025-643 potential bidders in attendance.
Bids were opened on October 10, 2025, and the City received one bid for the project. The bid amount exceeded the engineer’s estimates prepared in April 2025 for each location, likely reflecting the impact of recent material cost increases and tariffs. However, the bid was within approximately 10 percent of the amounts budgeted during the most recent budget cycle. Subsequent review has determined that hazardous materials removal procedures are required only at one of the three sites.
Item Description Bid
Amount
Engineer's
estimate
Budgeted/
Planned
amount Original Plan year
Twin Pines Senior and
Community Center $210,784 $ 173,983 $ 200,000 FY 2025-26 (budgeted) Belmont Sports Complex $169,246 $ 146,738 $ 155,000 FY 2026-27 (planned) Twin Pines Lodge $165,400 $ 130,197 $ 145,000 FY 2027-28 (planned) TPSCC Hazmat
containment $5,000
Total Contract Cost $550,430 $450,918 $500,000
10 % Contingency $55,043
Total Construction Cost $605,473
Hazardous material testing $8,385
Total Project Cost $613,858
The restroom renovations at the three facilities were originally estimated at $500,000 and planned to occur over a three-year period. However, due to continued escalation in material and labor costs, and to reduce administrative and project management expenses associated with managing separate bids in successive years, staff recommends completing all three renovations within the current fiscal year.
The total cost to renovate all three sites—including construction, hazardous materials testing, and a 10 percent contingency—is $613,858. With $200,000 already budgeted in FY 2025-26, an additional appropriation of $413,858 is required. The total project cost will be funded by the Facilities Management Fund.
Approval of the resolution will authorize the City Manager to execute a contract with Zone 4 Construction, Inc. for a total amount not to exceed $550,430 and to approve plans and specifications for the restroom renovations at the Twin Pines Senior Center, Twin Pines Lodge, and Belmont Sports Complex. In accordance with City Code Section 2-29(k)(2), the City Manager is further authorized to approve change orders and amendments up to an additional 10% of the award amount ($55,043). The project also includes $8,385 in hazardous materials testing completed by ProTech Consulting & Engineering, bringing the total 76
Community Center Restroom Renovation Project CCN 2025-643 project budget to $613,858.
Approval of the resolution will also authorize a budget appropriation of $413,858 from the Facilities Management Fund in FY 2025-26 to fully fund the renovations at all three locations during the current fiscal year.
Alternatives
1. Take No Action
2. Refer to staff for more information
Attachments
A. Invitation for Bid, including Plans and Specifications (Community Center Restroom Renovation Project | Bidding & Contract Opportunities | City of Belmont) Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
$200,000 is budgeted in the current FY 2025-26 under Capital Improvement Program (CIP) Twin Pines/Sports Complex/Lodge Restroom Renovations Project #8115, funded by the Facilities Management Fund. Consolidation of the three renovation
locations into this fiscal year totals $613,858. An additional budget appropriation in the amount of $413,858 is required from the Facilities Management Fund to the CIP Restroom
Renovations Project #8115 (Account# 399-4-803-8115-9030).
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
77
RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT TO 1) APPROVE PLANS AND SPECS, 2) AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH ZONE 4 CONSTRUCTION INC. FOR AN AMOUNT NOT TO EXCEED $550,430 FOR THE COMMUNITY CENTER RESTROOM RENOVATION PROJECT, CITY CONTRACT NUMBER 2025-643, AND APPROVE A BUDGET APPROPRIATION IN FY 2025-26 IN THE AMOUNT OF $413,858 FROM
THE FACILITIES MANAGEMENT FUND TO COMPLETE ALL THREE
RENOVATION LOCATIONS DURING THIS FISCAL YEAR.
WHEREAS, The City’s restroom facilities at the Twin Pines Senior and Community Center, the Twin Pines Lodge and the Belmont Sports Complex are in need to renovation due to heavy use; and,
WHEREAS, The City issued an Invitation for Sealed Bids for the Community Center Restroom Renovation Project on September 16,2025; and,
WHEREAS, The bid openings took place on October 10, 2025, and the City received one bid for the renovation project; and,
WHEREAS, The total cost to renovate all three sites this year, including construction cost and a 10% contingency totaling $605,473, and hazardous materials testing at $8,385, for a total potential project cost of $613,858; and,
WHEREAS, The current FY 2025-26 includes $200,000 for the Twin Pines/Sports Complex/Lodge Restroom Renovations Project #8115, funded by the Facilities Management Fund, for a single location, and construction costs for the other two locations were budgeted in subsequent years; and,
WHEREAS, To consolidate the renovation for all three locations into this fiscal year, an additional budget appropriation in the amount of $413,858 is required from the Facilities Management Fund to the CIP Restroom Renovations Project #8115 (Account# 399-4-803- 8115-9030).
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. Adopt a resolution to 1) approve plans and specs, 2) authorize the City Manager to execute a contract to Zone 4 Construction, Inc. for $550,430 for renovation of restrooms in the Twin Pines Senior Center, Twin Pines Lodge, and Belmont Sports Complex, City Contract Number 2025-643 and 3) approve a budget appropriation to the Capital Improvement Program (CIP) Twin Pines/Sports Complex/Lodge Restroom Renovations Project #8115 in the amount of $413,858 funded by the Facilities Management Fund 574 to complete all three renovation locations during this fiscal year. 78
* *
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
79
RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT APPROVING THE INSTALLATION OF 1) NO TRUCK ACCESS ON HAINLINE ROAD, 2) MARKING PORTIONS OF LASSEN DRIVE AS ONE WAY ROADS, AND 3) EXTENDING THE BIKE LANE APPROXIMATELY 60 FEET ON OLD COUNTY
ROAD NEAR STERLING VIEW AVENUE
WHEREAS, the Parking and Traffic Safety Committee (PTSC) received complaints from residents along Hainline Drive regarding large trucks that frequently become stuck or scrape the pavement while turning onto the roadway; and, WHEREAS, the PTSC received a complaint that visitors to Lassen Drive are unaware that the divided roadway segments are intended to operate as one-way streets and are not properly posted; and,
WHEREAS, the PTSC received a complaint that cyclists traveling along Old County Road experiences difficulty accessing the Class II bike facility beginning at the Belmont-San Mateo border due to vehicles parked within the Belmont right-of-way; and, WHEREAS, the PTSC reviewed and discussed these items and found that improvements are warranted at all three locations.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. Approves prohibiting access to Hainline Drive for trucks in excess of three tons.
SECTION 2. Approves posting Lassen Drive between Tahoe Drive and the beginning of the divided segment near 1112 Lassen Drive as One Way only.
SECTION 3. Approves extending the bike lane approximately 60 feet from the BelmontSan Mateo border, resulting in the removal of three parking spaces. * * *
ADOPTED October 28, 2025 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
80
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
81
Parking and Traffic Safety Committee - Fall 2025 Actions - Staff Report
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Daniel Matthews, Assistant Engineer, [email protected], (650)-637-2985 Agenda Title: Parking and Traffic Safety Committee – Fall 2025 Recommended Actions Agenda Action: Resolution
Recommendation
Adopt a resolution approving Parking and Traffic Safety Committee (PTSC) recommendations for safety improvements at Middle Road and Hainline Drive, Lassen Drive, and Old County Road near Sterling View Avenue.
Strategic Focus Area
Infrastructure and Mobility
Background
The Parking and Traffic Safety Committee (PTSC), composed of representatives from the Public Works, Polic, and San Mateo Consolidated Fire Departments, received and reviewed requests from residents for traffic safety improvements on Hainline Drive at Middle Road, on Lassen Drive, and on Old County Road near Sterling View Avenue.
Analysis
Hainline Drive
Staff received a request to address larger vehicles frequently bottoming out and becoming stuck from turning to and from Hainline Drive at Middle Road. Hanline Drive has a grade of over 18%, which causes difficulties for larger vehicles. The Police Department has responded to stuck vehicles on numerous occasions which resulted in pavement on Middle Road being significantly damaged by vehicles bottoming out or scraping while turning.
To prevent further damage and avoid future instances of stranded vehicles, PTSC recommends restricting access to Hainline Drive for vehicles larger than three tons and posting the street as such.
Figure 1 – Stranded truck at
the bottom of Hainline Drive
on Middle Road.
82
Parking and Traffic Safety Committee - Fall 2025 Actions - Staff Report Lassen Drive
Staff received a request to address motorist confusion along the divided portion of Lassen Drive. Each side of the divided roadway is intended to operate as a one-way street, as the width is insufficient to accommodate two-way traffic. The divided portions are not currently posted as One Way, which has led to uncertainty among drivers. To clarify traffic circulation and improve safety, PTSC recommends posting the divided portions of Lassen Drive as One Way.
Old County Road near Sterling View Avenue
Staff received a request to address vehicles blocking access to the Class II bike lane on Pacific Avenue within the San Mateo County right-ofway. When vehicles park in the Belmont right-of-way on Old County Road, where the Class III shared bike roadway transitions to a Class II bike lane on the City of San Mateo side, cyclists are unable to enter the in the bike lane at its starting point. To improve connectivity and safety, PTSC recommends extending the Class II bike lane on the west side of Old County Road by approximately 60 feet to the end of the curb return near Sterling View Avenue. This change would remove three parking spaces between Sterling View Avenue and the Belmont-San Mateo border but would provide continuous and safe access for bicyclists.
Alternatives
1. Take no action
2. Refer back to staff for further information
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
Expenditures have been incorporated in current fiscal year’s operating budget in the Street Maintenance Fund (Account 231- 3-701-8351) for the PTSC recommended improvements
Source: Purpose: Public Outreach:
Citizen Initiated Discretionary Action Posting of Agenda Figure 2 - Signage and striping
plan at divided segment of
Lassen Drive
83
580 Masonic Council Staff Report 10-28-25 - 500-580 Masonic Way Appeal of Planning Commission Approval
STAFF REPORT
Meeting Date: October 28, 2025
Agency: City of Belmont
Staff Contact: Laura Russell, Deputy Community Development Director ([email protected]) Rob Gill, Senior Planer ([email protected])
Agenda Title: Appeal of Planning Commission Approval of Application No. 2023-0032 for ByRight Processing of Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus for 500-580 Masonic Way
Agenda Action: Resolution
Recommendation
Adopt a resolution approving the requested by right entitlements for 500-580 Masonic Way: Design Review, Grading Plan, Tree Permit, Affordable Housing Plan, Density Bonus, Transportation Demand Management Program, and State Density Bonus.
Strategic Focus Area
Not Applicable
Background
The 500-580 Masonic Way Project consists of the construction of a five story, approximately 147,198 sq. ft. building with a total of 140 apartment units, including 25 affordable units, parking for 138 vehicles, landscaping and site improvements. Approximate grading includes 3,120 cubic yards of cut and 910 cubic yards of fill. The project also includes an Affordable Housing Plan, a Transportation Demand Management Program, and application of State Density Bonus Law.
The proposed project is located in the Belmont Village Specific Plan area within the Station Core land use designation. The Zoning District is Village Station Core and the site is included as a Housing Opportunity Site in the 2023-2031 Housing Element. A detailed description of the project is included in the Planning Commission staff report, included as Attachment B.
At their August 19, 2025 meeting, the Planning Commission adopted Resolution 2025-18 by a 5-1 vote approving the project and all by right entitlements (Attachment C). Verbatim meeting minutes of the Commission hearing with video timestamps are also available on the project website.
On August 28, 2025, a member of the public, Doug Ricket, filed an appeal of the Planning Commission decision (see Attachment D). The applicant submitted a response to the appeal (Attachment E).
Legal Context
The applicant (Prometheus Real Estate Group) submitted this application under the Housing Crisis Act of 84
500-580 Masonic Way Appeal of Planning Commission Approval 2019 (SB 330), which established various requirements and regulations that reviewing agencies must adhere to facilitate housing in an efficient manner and within a specified timeline. This Act was aimed at removing obstacles to the construction of new housing in urban areas. It also prohibits local jurisdictions from implementing new laws that would restrict the legal capacity for new housing or cause delays in housing development. It is codified in Government Code Section 65589.5.
The California State Density Bonus Law (SDBL) - Government Code sections 65915- 65918 - provides developers with tools to encourage the development of affordable housing, including an increase in project densities, incentives/concessions, and waivers. SDBL is a State mandate, meaning a developer who meets the requirements of the State Law is entitled to receive the density bonus and other benefits as a matter of right.
Under SDBL and the City’s Zoning Ordinance, the applicant must first identify a “base project” that is consistent with all relevant objective development standards. SDBL then allows the applicant to increase the size of the building to accommodate the additional bonus units. The applicant included information for a base project of a three-story building, including FAR, lot coverage, bulk, private open space, publicly accessible open space, landscape percentage, parking and height.
The amount of the density bonus (increase in housing units above that allowed under the Zoning Ordinance) is set on a sliding scale, based upon the percentage of affordable units at each income level.
The bonus units are in addition to the base density for the development.
SDBL also requires the City to grant additional benefits to qualifying housing applications called: 1) Incentives and Concessions, and 2) Waivers. These are two different categories under the law but their use can be nuanced and subject to legal interpretation and application of case law.
1. Incentives and Concessions: these two terms are interchangeable in the SDBL (staff is using the term “incentive” since that is the most common usage). Incentives are intended to result in identifiable and actual cost reductions to provide for affordable housing rents. In other words, incentives are related to the costs of development under the assumption that it costs a significant amount to build affordable housing and make it affordable for decades, and the applicant should receive a financial incentive for providing affordable housing. Incentives may include but are not limited to:
a. A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or,
b. Other regulatory incentives or concessions which result in identifiable and actual cost reductions for the project.
The City is required to grant the requested incentive proposed by the developer unless the City finds based on substantial evidence that the requested incentive does not result in identifiable cost reductions. The City may not require an applicant to submit a pro forma or other documentation to prove that an incentive is required to make the housing development economically feasible. The burden of proof is on the City in the event it declines a request for an incentive. 85
500-580 Masonic Way Appeal of Planning Commission Approval The number of incentives is limited for most projects, based on a number of factors in SDBL. In the current version of the project, the applicant did not apply for any incentives, but they are entitled to three under the law.
2. Waivers of Development Standards: A development that qualifies for density bonus is also entitled to waivers. The applicant may apply for waivers of development standards that would physically prevent the project from being built at the permitted density and with the granted incentives. Common waivers include height and setbacks but may be applied to a wide range of other standards.
Recent case law has stated that a developer cannot be required to remove amenities or redesign the project in order to meet local development standards that would have the effect of physically precluding the project’s construction. The burden of proof is on the City in the event it declines a request for a waiver.
Additionally, the project is identified in the certified 2023-2031 Housing Element (page 6-6) as subject to “by right” processing if the project includes 20% lower income units (at or below 80% of Area Median Income). This Housing Element provision was required by Government Code Section 65583.2(c) because the site meets two criteria: 1) the site was included in the previous Housing Element (2015-2023) and also included in the current Housing Element (2023-2031); and 2) the site was required to be upzoned to meet the Regional Housing Needs Allocation (RHNA), as opposed to the City voluntarily upzoning the property. “By right” processing means the jurisdiction shall not require a conditional use permit or other discretionary approval. Furthermore, by right projects are not subject to the California Environmental Quality Act (CEQA) per Government Code Section 65583.2(i). The proposed project includes 20% lower income units, so it is being processed through the by-right process.
The Planning Commission review was limited to reviewing for objective standards for all entitlements and the City Council review is limited to the same standard. This is the only project site in the City of Belmont currently subject to this particular provision of State law that requires by right processing. There are other sites carried forward from the 2015-2023 Housing Element into the 2023-2031 Housing Element, but those sites do not meet the second criteria above because the City voluntarily upzoned them through the General Plan and Belmont Village Specific Plan process.
Some of the necessary entitlements for the project include findings for approval that are subjective in nature. Since the City Council cannot consider subjective findings as part of a by right approval, the draft Resolution (included as Attachment A) includes subjective findings for transparency, but they are shown in strikethrough and no rationale for whether the finding can be made is included.
Specific to the Design Review entitlement, State law and Belmont Zoning Ordinance Section 13.5.1 (Design Review), say that the City Council may only deny the project if it makes the findings below. The required findings read in the negative, as the review authority (Planning Commission for original approval and City Council on appeal) is required to approve the project unless the findings can be made. (a) The reviewing body must approve or conditionally approve Design Review for a project that is 86
500-580 Masonic Way Appeal of Planning Commission Approval defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) unless it makes one of the following findings supported by a preponderance of the evidence in the record:
(1) The project does not comply with all applicable objective general plan, zoning, subdivision and development standards including objective design review standards. (2) The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density. (b) As used in subsection (a), a “specific, adverse impact” is defined by Government Code Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Belmont’s Ordinance Regarding Appeals
Belmont Zoning Ordinance Section 10.11.5 includes the following language related to the consideration of appeals:
(a) When a timely and complete notice of appeal is filed, the Zoning Administrator shall schedule the matter for consideration by the appeal body and prepare a report on the matter. (b) Appealed matters are considered de novo by the appeal body. The appeal body shall follow the same notice and determination procedures that govern the lesser approval authority’s action on the entitlement, and any other procedures required by law.
(c) The appellant must deliver to the Zoning Administrator all written materials that he or she wishes the appeal body to consider no later than 5 business days before the meeting at which the appeal is first considered. The appellant may supplement these materials with additional written materials to rebut any written information first provided to appeal body after or less than 24 hours before Appellant submitted his or her initial materials. The appeal body may extend or waive the timing requirements in this paragraph for good cause. The appeal body shall continue the meeting and the hearing of evidence as necessary for due process.
Analysis
State housing laws have changed in meaningful ways since the BVSP was adopted in 2017. Since 2019, there have been a series of laws that decrease local control over housing development. Notably, State Density Bonus Law has been amended several times to increase benefits for applicants and reduce local control over the final design of housing projects. Housing Element law has also changed to reduce local control over sites that are carried over from one housing element cycle to the next. Taken together, these laws have significantly decreased the City’s ability to implement the original vision of the Belmont Village Specific Plan.
87
500-580 Masonic Way Appeal of Planning Commission Approval This report focuses on the appeal of the Planning Commission’s approval. A detailed description of the project is included in the Planning Commission staff report (Attachment B). The analysis of General Plan consistency and Findings for Approval are included as exhibits to the Draft Resolution, which is included as Attachment A.
Primary Topics of Appeal
The appellant argues that the project was improperly approved because it does not have ground floor active use as required by the Belmont Village Specific Plan and therefore violates the City’s objective standards. The appellant also questions how State Density Bonus Law has been applied to the project.
The Belmont Village Specific Plan (BVSP) includes the concept of an Active Use Frontage Overlay (AUFO), that is applied to specific locations to encourage a high level of pedestrian activity. How the AUFO is applied and the relationship to State Density Bonus Law are the primary questions raised in the appeal. The AUFO is described on page 2-18 of the BVSP as follows:
“Several streets within the Village Core and Station Core districts are shown with Active Use Frontage Overlay on the Land Use Diagram. This designation requires that the ground level has uses that are accessible to the general public, are engaging to pedestrians walking by, and generate walk-in pedestrian clientele and thus contribute to a high level of pedestrian activity.
Listed in Table 2-5, active uses may include, but are not limited to: retail stores, restaurants, cafes, markets, bars, theaters and performing arts venues, parks, plazas, commercial recreation and entertainment, personal and convenience services, tourism-oriented services, banks, childcare services, libraries, museums, galleries, and entrance lobbies to upper-floor residential uses.
While office and other less active non-residential uses may be permitted at ground level on an interim basis at the discretion of the Planning Commission, 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.” (Emphasis added) This text specifically references Table 31-1 for further specification. Table 31-1 was created as Appendix A to the BVSP and was codified as Table 31-1 of the Belmont Zoning Ordinance (page 31-12). Table 31- 1 outlines land use regulations in the different zoning districts within the BVSP. In the Village Station Core District, multi-unit dwellings are principally permitted except that a “conditional permit” is required for multi-unit dwellings on the ground floor. This has been interpreted to mean that ground floor residential uses require a conditional use permit, which is a discretionary entitlement subject to subjective findings.
In January 2024, as part of the Housing Element update and State certification process, the City Council amended Table 31-1 for compliance with State law and to implement a Program in the Housing Element of the General Plan. The legal deadline for this amendment was January 31, 2024, which the City met. As described in the Legal Context section (beginning on Page 1 of this report), certain Housing Element sites are subject to “by right” processing under State law. That law expressly states that cities cannot require a conditional use permit (or other discretionary approval) for housing projects on the specified sites. At the time of the amendment to Table 31-1, staff was working directly with State Housing and Community 88
500-580 Masonic Way Appeal of Planning Commission Approval Development (HCD) staff to have them review and approve draft language, including the zoning ordinance amendment to Table 31-1, as part of the Housing Element certification process. HCD indicated to City staff that they view local requirements for ground floor commercial uses as a constraint to housing development due to increased complexity, financing challenges and costs, and HCD and approved the text of the zoning ordinance amendment to remove this constraint.
To comply with State law and HCD guidance, Table 31-1 was amended to include Note 2 which says that for by right projects (as defined by State law), multiple-unit dwellings are permitted on the ground floor.
This amendment removed the requirement for a conditional permit for ground floor residential uses for sites eligible for by right processing and was intended to allow one hundred percent residential on the ground floor. The application for 500-580 Masonic Way was already under review at the time of this Zoning Ordinance Amendment. The applicant revised the project to include three additional low-income units, thereby qualifying the project for by right processing. Note 2 in Table 31-1 thereafter applied to the project.
Table 31-1 also notes that for the Multi-Unit Dwellings land use, “Multifamily entrance lobbies may be located on the ground floor in the AUFO.”
Staff has analyzed the BVSP and Zoning Code regulations and applies them to the subject project as follows:
• The language in the BVSP related to the AUFO allows flexibility. It does not expressly require that the ground floor use be retail or restaurant, for example. There are multiple ways to meet the standard for active use.
• The project includes an entrance lobby on the ground floor of the Masonic Way side of the building. Entrance lobbies count as active uses in the BVSP and Table 31-1 also specifies that entrance lobbies may be located on the ground floor in the AUFO. Therefore, the lobby on the ground floor of the Masonic Way side of the building does not violate the AUFO. • The project includes a gym for use by the residents on the ground floor of the Masonic Way side of the building. Per Zoning Ordinance Section 31.3.1(a), in cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. While gyms for residents are not expressly included in the AUFO list of active uses, the Director finds that the gym has similar levels of activity to the lobby, which can be viewed from the street. Like the lobby, the gym will be used by the residents and their guests.
• The architectural design of the Masonic Way elevation includes windows and storefront doors that provide transparency and interaction with the pedestrian environment.
Another way to analyze the active use is to consider the relationship to Table 31-1. The BVSP text that describes the AUFO specifically references Table 31-1 for implementation. As such, the AUFO text and Table 31-1 text are taken together in analyzing what is allowed. It is common for a Specific Plan to have general regulations, and the Zoning Ordinance to have more specific regulations for implementation. The AUFO refers to Table 31-1, then Table 31-1 allows multiple unit dwellings on the ground floor for certain 89
500-580 Masonic Way Appeal of Planning Commission Approval sites. In this case, Table 31-1, Note 2 applies such that residential use is permitted on the ground floor.
Therefore, the project does not conflict with the AUFO (which is implemented through Table 31-1).
In light of Planning Commission and resident questions on the AUFO, staff revisited the Development Standards Evaluation (Attachment 2 to the Planning Commission staff report) to increase clarity. Staff revised the language in the table and numbering of the footnotes to more clearly include the analysis outlined above and differentiate the questions about the AUFO from other issues. The Development Standards Evaluation has been updated and included as Attachment F to this report.
If the City had determined that the proposed project did not comply with the AUFO, the applicant would have the legal right to apply for a SDBL incentive to remove the requirement for an active use on the ground floor. The applicant would have to request the incentive and the analysis would hinge on whether the requested incentive would result in a cost reduction for the project. This requirement would be met because ground floor commercial uses are known to add cost to development projects due to different financing requirements from the rest of the building and difficulty in leasing small commercial spaces, especially those that are not immediately contiguous to other commercial uses. Many small commercial spaces remain vacant for years in Peninsula cities. As a result, the City would be required to grant the incentive, if requested, thereby removing the requirement for an active use on the Masonic Way side of the building.
It is important to note that there have been several past versions of the project and early versions included ground floor commercial. The applicant had been contemplating removing it prior to the project qualifying for by right processing and had included a request for an incentive to remove the requirement for active use on the ground floor prior to being informed by staff an incentive was not necessary due to the January 2024 Zoning Code amendments to Table 31-1.
Additional Topics of Appeal
The appeal also raises secondary issues related to how the City’s objective standards are applied.
Specifically, the appellant argues that the project should comply with active use requirements on Wessex Way, Granada Street and Hiller Street and the objective standard of 50’ depth for retail spaces. The appellant also questions how staff described the objective standards in the Planning Commission staff report. Staff analyzes the appellant’s arguments as follows:
Active Use Requirements on Wessex, Granada and Hiller: The appellant questions why the active use standards were not applied to these three sides of the building. As discussed above, the amendment to Table 31-1 was intended to allow 100-percent residential on the ground floor of buildings subject to by right processing. Even if this standard was applied, the applicant would have the legal option of applying for an incentive to remove this requirement. 50’ Retail Depth: This requirement does not apply to the project for two reasons.
1. Zoning Ordinance Table 31-3 (page 31-25) includes the Streetscape and Street Frontage Development Standards in the BVSP. It includes a “Retail depth from front entrance” that is intended to allow for retail flexibility. These types of standards are often used in zoning 90
500-580 Masonic Way Appeal of Planning Commission Approval regulations to ensure retail spaces are deep enough to be practical for retail use. In this case, the standard is 50’; however, the way the zoning ordinance is written, it applies only to retail use, not all active uses. Therefore, this provision does not apply to the project as proposed.
2. As discussed above, Note 2 of Table 31-1 expressly allows residential uses on the ground floor of the subject site. As such, the applicant has flexibility on the use of the ground floor.
They have not proposed ground floor retail, so this standard does not apply.
It is also worth noting that if the 50’ Retail Depth did apply to the project, the applicant would have the option of including it in their base project and then applying for a SDBL incentive or waiver to remove the requirement.
Development Standards Evaluation and Director’s Interpretation: The appellant raises questions about the Development Standards Evaluation, particularly about how the shape of the building is related to the AUFO. Staff acknowledges that the language in the Development Standards Evaluation document included with the Planning Commission staff report could have been more specific and descriptive; however, the outcome of the analysis remains the same. As noted above, staff has updated this analysis to clarify language. See Attachment F for the revised version.
Environmental Review
The project is being processed “by right” as defined in Government Code Section 65583.2(i), as it meets the following criteria: at least 20 percent of the units are designated as affordable to lower income households as defined in Government Code Section 65584; and the project is proposed wholly on a property that is identified in the 2023-2031 Housing Element for by right processing. Per State law, CEQA does not apply to this project.
Action Requested of the City Council
For this project, the City Council’s role is limited to reviewing whether the project complies with the City’s objective standards, as altered by State Density Bonus Law. Attachment A includes a draft Resolution that includes objective findings for approval for all of the entitlements, General Plan consistency findings, as well as conditions of approval.
Staff recommends that the City Council adopt the resolution approving the requested by right entitlements:
Design Review, Grading Plan, Tree Permit, Affordable Housing Plan, Density Bonus, Transportation Demand Management Program, and State Density Bonus.
Alternatives
1. If Council does not support staff’s analysis that the project meets the objective standards, the Council may approve the project with an incentive granted to remove the ground floor active use requirement. 91
500-580 Masonic Way Appeal of Planning Commission Approval Attachments
A. Resolution
Exhibit A: Conformance with General Plan and Belmont Village Specific Plan Exhibit B: Conditions of Approval
B. Planning Commission Staff Report (dated August 19, 2025) Without Attachments C. Planning Commission Resolution No. 2025-18
D. Appeal (Dated August 28, 2025) and Supplemental Appellant Materials (Dated October 22, 2025)
E. Applicant’s Appeal Response (Dated October 2, 2025)
F. Development Standards Evaluation (Revised)
G. Project Plans (accessed via www.belmont.gov/developmentprojects) H. Affordable Housing Plan Evaluation (accessed via www.belmont.gov/developmentprojects) I. Planning Commission Verbatim Minutes (accessed via www.belmont.gov/developmentprojects Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
Applicant has paid all applicable fees through the current application status and will be charged other fees as applicable should the project be approved and advances to construction permitting phase.
Source: Purpose: Public Outreach:
Staff Statutory/Contractual Requirement Posting of Agenda *Notice of public hearing mailed to all property owners within 300’ of subject site. 92 Attachment A
RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT DENYING
AN APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION
TO APPROVE A BY RIGHT APPLICATION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65583.2(C) AND 65583.2(I) FOR DESIGN
REVIEW, GRADING PLAN, TREE REMOVAL PERMIT, AFFORDABLE HOUSING
PLAN, TRANSPORTATION DEMAND MANAGEMENT PLAN, AND STATE
DENSITY BONUS TO ALLOW FOR CONSTRUCTION OF A 140 UNIT APARTMENT DEVELOPMENT AT 500 AND 580 MASONIC WAY (ASSESSOR’S PARCEL NUMBER: 040-315-010) (APPL. NO. PA2023-032)
WHEREAS, Prometheus Real Estate Group, applicant, requests approval of entitlements for construction of a 140-unit project comprised of market rate and affordable housing units across four lots that will be merged into a single lot for a total site area of 1.24 acres at 500 and 580 Masonic Way (Assessor’s Parcel Number: 040-315-010) (APPL. NO. PA2023-032); and, WHEREAS, the project is in the Belmont Village Specific Plan area, adopted by the City of Belmont on November 14, 2017, which outlines future growth for the project site; and, WHEREAS, the project site is identified in the Belmont Housing Element (2023 - 2031) as a Housing Opportunity Site subject to by-right processing under California Government Code Section 65583.2(c) if the project includes twenty percent low income housing units; and, WHEREAS, the project is subject to by right processing under Government Code Section 65583.2(i) so the California Environmental Quality Act (CEQA) does not apply to the project; and,
WHEREAS, a Planning Commission public hearing was duly noticed, held, and closed on August 19, 2025; and,
WHEREAS, on August 19, 2025, the Planning Commission adopted Resolution Number 2025-18 to approve the by right entitlements for the subject property; and, WHEREAS, on August 28, 2025, Doug Ricket, a member of the public, filed an appeal of the Planning Commission decision; and,
WHEREAS, a City Council public hearing was duly noticed, held, and closed on October 28, 2025; and,
WHEREAS, the City Council hereby relies upon the staff report dated October 28, 2025, and the facts contained therein, as they pertain to the project, as its own findings of facts, along with any additional findings of facts made by the City Council at the hearing; and, WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth and as included in the record.
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NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Council finds that the project at 500-580 Masonic Way is consistent with the 2035 General Plan and the Belmont Village Specific Plan as described in Exhibit “A”.
SECTION 2. The City Council makes the following findings for the by-right review of the requested Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus. Subjective findings are not being considered by the City Council in compliance with Government Code Section 65583.2(i).
Subjective findings are included in strikethrough and no rationale for whether the finding can be made is included.
Design Review
The City Council finds that neither of the findings set forth in Section 13.5.1 of the Belmont Zoning Ordinance (BZO) for denial of the project can be made in the affirmative, as follows:
(1) The project does not comply with all applicable objective general plan, zoning, subdivision and development standards including objective design review standards.
Except for development standards that have been waived according to State Density Bonus law (Height, Bulk, and Street Wall Height Standards), the project would be consistent with all applicable objective development and design standards identified in the BVSP and the BZO.
Specifically, the project would be consistent with all of the following objective standards:
• Setbacks
• Landscaping / Number of Trees & Water Efficiency in Landscaping (WELO) • Lot Coverage
• Full Cut-off Lighting
• Minimum Ground Floor Height
• Vehicle & Bicycle Parking
• Limit on Blank Walls
• Color & Material Variation
• Building Module Standards
• Open Space / Outdoor Area Per Unit
• Trash and recycling areas covered and screened
• Roof-top mechanical equipment screened
Therefore, Finding # 1 cannot be affirmed.
(2) The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density.
No specific, adverse impacts to public and health and safety have been identified for the project as defined in Government Code Section 65589.5(j). There are no significant, quantifiable, direct, 94
and unavoidable impacts, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. City staff and consultants have provided technical review, and conditions of approval are included, as applicable, regarding project-related traffic, parking, grading, drainage, storm-water runoff, sanitary sewer impacts, vehicular and pedestrian access, site circulation, site stability, structural encroachments, and construction impacts. Therefore, the project would not result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density and Finding # 2 cannot be affirmed.
Grading Plan
The City Council finds that the grading plan meets the required objective findings set forth in Section 9-27(a)-(h) of the City of Belmont Municipal Code (Grading), as follows:
a) The project will not endanger the stability of the site or adjacent properties or pose a significant ground movement hazard to adjacent properties.
The City's Building Division and Public Works Department have reviewed the grading plans for the project and have determined that the plan is in conformity with the Building Code and the City of Belmont Grading Ordinance (Chapter 9 of the City Code). In addition, the City’s standard requirements require the preparation of a site-specific geotechnical investigation, independent peer review of the investigation and incorporation of the findings of the independent peer review into the project design.
The City’s consultant geologist prepared an independent peer review of the geotechnical investigations proposed as part of the project and recommends that a design level geotechnical study be provided by the applicant and reviewed by the City’s geotechnical consultant for concurrence. The City’s consultant geologist further recommends, and is standard practice, that the project geotechnical consultant shall review all plans, field work and conditions to assure that the project is built to specifications. The project geotechnical reports and the City’s independent peer review requirements will, as a matter of grading and building permit procedures, be required of the project as conditions of project approval.
Based on reviews by City departments and the City’s geotechnical consultant to assess site stability, no immediate safety concerns or hazards have been identified for the subject site or adjacent properties. Therefore, as proposed and conditioned, the project will not endanger the stability of the site or adjacent properties or pose a significant ground movement hazard to adjacent properties. This finding is affirmed.
b) The proposed drainage improvements, landscaping, and erosion control measures would be adequate to control erosion or flooding and would not degrade riparian habitats, stream channel capacity or water quality.
There are no streams or rivers on the site. The applicant has submitted a C-3 Checklist, hydrology study, and landscaping, grading, and drainage plans. The submitted materials identify appropriate methods to treat drainage from the site and comply with written City standards and standards of the Municipal Regional Permit for stormwater pollution prevention. Detailed 95
working drawings with stormwater measures will be required to be submitted for review and approval as part of the building permit application process. The project complies with written standards for drainage and erosion control and this finding is affirmed. c) The amount of grading proposed is necessary to allow reasonable use of the site. d) The proposed grading would result in a building site that is visually compatible with the surrounding land and accommodates any required off-street parking and wall landscaping.
e) The proposed grading will meet the standards and specifications of Article IV of Chapter 9 in the City Code (Grading Ordinance).
Conditions of approval have been required for the project to ensure that the final grading plan for the project will meet all of the standards contained in Article IV of Chapter 9 of the City Code (Grading Ordinance). This finding is affirmed.
f) The Director of Public Services and the applicant’s Geotechnical engineer shall find that the form of vehicular access and methods of excavation are the simplest and least intrusive possible to obtain the geologic information required by the city. g) The grading permit is conditioned on issuance of a hauling permit, if required.
Per the conditions of approval, a hauling permit will be required in association with the Grading Permit for this project. This finding is affirmed.
h) The design of the project preserves existing protected trees on the site and trees on adjoining property to the extent possible.
Tree Removal Permit
The applicant is seeking to remove three protected trees as part of the project, which requires a Tree Removal Permit under Section 25-5 of the Belmont City Code. The criteria for approval of a Tree Removal Permit set forth in Section 25-7 (b)-(c) is included below. It requires balancing of the criteria by the decision-making body, which is not allowed for a by-right application. The City Council is considering only the objective criteria.
(1) Criteria Supporting Removal (2) Criteria Supporting Retention (A) The tree is: (i) in poor condition; (ii) at the
relative end of its life span of the particular
species; (iii) diseased or infested beyond
reasonable remediation; (iv) has poor structural
integrity; (v) is in danger of falling; or, (vi)
poses a safety hazard.
(A) The tree is located outside of the
developable area of the property.
(B) The tree and its location contribute
substantially to the aesthetic appeal of the
property or the neighborhood.
(C) The effect of the requested tree removal
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(B) The particular tree species is undesirable
due to characteristics such as invasiveness,
tendency toward limb failure, and fire hazard.
(C) The tree is damaging or interfering with
existing structures, site improvements, or utility
services.
(D) Removal of the tree is needed in order to
construct improvements or otherwise allow
conforming use of the property.
(E) Proximity of the tree to existing or proposed
structures.
on the remaining number, species, size and
location of existing trees on the site and in the
area, including trees mutually dependent on
each other for survival, structural integrity or
aesthetics
The City Council finds that the arborist report and site plans submitted as part of the project indicate that the trees proposed for removal are directly impacted by the project construction and/or have low suitability for preservation with conforming use of the property. As such, the trees proposed for removal comply with criteria D. The submitted landscape plans satisfy the City Code requirement (Section 25-7 (d) (1)) for replacing protected trees at a 1:1 ratio, by proposing the planting of 24 street trees and 14 trees in the outdoor amenity area on the 3rd level of the residential project. The species of the replacement trees will comply with City policies, including the Street Tree Master Plan. This finding is affirmed.
Affordable Housing Plan
The City Council finds that the project’s Affordable Housing Plan meets the required findings in Belmont Zoning Ordinance Section 29.6 (b) (1-3), as follows:
(1) Affordable units must be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities must equal those provided in the base model market-rate units.
The exterior appearance of the affordable units is consistent with the market rate units, as depicted on the Elevation Plans (Sheets A2.1 through A2.2) of the project. It is not possible to verify interior finishes and amenities at this time. A project condition of approval will require verification of interior finishes at time of building permit review and after construction of the project (prior to certificate of occupancy). This finding is affirmed.
(2) The number of bedrooms in the affordable units must be comparable to the average number of bedrooms in the market-rate units, and the affordable units must be reasonably dispersed within the residential project, with unit locations comparable to those of the market-rate units, or, subject to the approval of the community development director, may be clustered within the residential project when this furthers affordable housing opportunities.
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The 25 affordable units are proportional to the overall project bedroom count as demonstrated in the table below:
Unit Type Number
of Units
Unit Type
Percent of
Total
Expected Affordable
Units
Proposed
Affordable
Units
Studio 39 27.86% 25 x 27.86% = 7 7
1 Bedroom 68 48.57% 25 x 48.57% = 12 12
2 Bedroom 33 23.57% 25 x 23.57% = 6 6
Total 140 100% 25 25
The affordable units are reasonably dispersed within the residential project as depicted on sheet E2.0 of the project plans. The affordable units are dispersed across the first through fourth floors.
The units include both exterior facing and interior facing units across multiple floor plan types.
This requirement will be enforced through the Affordable Housing Agreement, which is required by a condition of approval. This finding is affirmed.
(3) The affordable units must have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential project.
Each affordable unit features a private patio or balcony. In addition, the affordable units will have the same access to amenities as the market rate units, including the same access to and enjoyment of common open space, parking, and other facilities in the residential project. This requirement will be enforced through the Affordable Housing Agreement, which is required by a condition of approval. This finding is affirmed.
Transportation Demand Management (TDM)
Per Belmont Zoning Ordinance Section 31.7.6, the City Council makes the following findings on the objective portions of the criteria for the transportation demand management plan:
(a) The proposed trip reduction measures are feasible and appropriate for the project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation;
The proposed TDM Program trip reduction measures were evaluated by City staff and consultants and found to be consistent with the numeric standards of the City Transportation Demand Management Program Report and Guidebook. The TDM Plan includes measures that are commonly applied to a multi-family use in proximity to public transportation (Caltrain station). This finding is affirmed.
(b) The proposed vehicle trip reductions will ensure that the performance targets of this section will be achieved and maintained.
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The Transportation Demand Management (TDM) Program Report and Guidebook establishes a target of 15% reduction in per-capita vehicle miles traveled (VMT) for new projects which is achieved by selecting from a range of measures that are awarded points in the TDM Report and Guidebook. The applicant’s TDM Plan achieves 12 points, which complies with City policy.
Conditions of approval are included to implement the trip reduction measures. This finding is affirmed.
Density Bonus Law
Density Bonus
The applicant is entitled to a density bonus in accordance with Government Code Sections 65915(f) as follows:
• The applicant proposed 15% very low-income units, entitling the project to a 50% density bonus
• The applicant proposed 15% moderate-income units entitling the project to an additional 50% density bonus
There are no numeric standards for density in the subject VSC District (i.e. dwelling units per acre) and the project is entitled to a 100% increase in floor area ratio (FAR) to construct additional market rate units. The proposed project includes a total of 140 units, inclusive of 70 Density Bonus Units and 25 Affordable units.
Waivers
There is no limit on the number of zoning waivers that may be requested or granted. The proposed project includes three zoning waivers as follows:
• Height: The base height standard for the BVSP’s Station Core district and the VSC zoning district is a maximum of 45 feet, and up to 60 feet with community benefits. To accommodate the 100% density bonus granted under State Density Bonus Law, the additional 15 feet in height is required. Without the additional height, the additional units cannot fit within the base 45-foot height limit within the maximum allowable floorplate of the site’s physical constraints. The project building’s roofline will be 60 feet. No nonhabitable building features will exceed eight feet. o The development standard referenced would physically preclude development of the Project if the waiver was not allowed.
o The proposed height of the building is required to accommodate the 140-unit project. • Bulk: The Development Standards for the VSC district require that the third story floorplate is not larger than 85% of the first floorplate, and that the fourth story maximum floorplate is 70% of the first story floorplate. To accommodate the 100% density bonus granted under State Density Bonus Law, additional bulk for the fourth and fifth stories is required. The proposed bulk at the fourth and fifth stories will be 78% of the first floor footplate. Without the additional bulk, the additional 100% density bonus units would not fit.
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o The development standard referenced would physically preclude development of the Project if the waiver was not provided.
o Any required setbacks on the upper floors would not allow for the current volume of the building and therefore prevent the total units proposed which includes the affordable units included in the Project. Diagrams are shown on sheet G2 of the development plans.
o In mathematical terms, the base project includes three residential floors of an average
23.3 units per floor. A 100% density bonus is equal to an additional 70 units, or three additional full floors equivalent of units.
• Street Wall Height Standards: Table 4-4 of BVSP and Section 31.3 of the BZO supports a two story minimum, three story maximum building. In the areas of the building where the building wall height standards are not met, a waiver is requested. o To accommodate the 100% density bonus granted under State Density Bonus Law, the Project must exceed the street wall height standards as depicted on sheet G1.8 of the development plans. Without exceeding the wall height standards, the additional 100% bonus units would not fit.
Government Code Section 65915(e)(1) specifies that local jurisdictions shall grant the waivers requested by the applicant unless the jurisdiction can make a written finding of any of the following:
• The waiver would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. • The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
• The waiver would be contrary to state or federal law.
The project has been reviewed for consistency with applicable City policies to protect the public health and safety. All applicants for development projects are required to agree to the mitigation measures identified in the General Plan EIR, including the policies, programs and implementation measures within the General Plan and the Belmont Village Specific Plan that are designed to avoid, reduce or eliminate significant environmental impacts. Applicants must also agree to standard development requirements and the standard Conditions of Approval that implement policies and mitigation measures to reduce environmental impacts. Based on this review and the implementation of all appropriate standard Conditions of Approval, no significant adverse impacts were identified for the project. The project does not have an adverse impact on any real property that is listed in the California Register of Historic places. No violations of state or federal laws have been identified for the project. Therefore, the findings cannot be made, and the waivers are granted.
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SECTION 3. The City Council upholds the Planning Commission decision to approve the by-right application for Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus subject to the conditions of approval in Exhibit “B”.
* * *
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
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1 Exhibit “A”
General Plan and Belmont Village Specific Plan (BVSP) Consistency Analysis General Plan and BVSP Land Use Goals and Policies
GP Goal 2.3 Provide balanced neighborhoods
with a variety of housing types and density
ranges to meet the diverse demographic,
economic, and social needs of residents, while
ensuring a cohesive urban form and regard for
compatibility with surrounding uses and
existing residential development.
The project helps create and enhance a
complete neighborhood in the City of Belmont
by integrating higher density residential
housing in a well-resourced area nearby
transit. The project would develop 140 units
of high-density housing within in proximity to
commercial services and transit. The project
would be located in an already developed area,
where it can be served by existing public
services and infrastructure. The project
enhances the Belmont Village area by
developing a housing project with a range of
unit types to serve a range of households.
Specifically, the project includes 39 studios, 68
one-bedrooms, and 33 two-bedroom units. The
proposed development would consist of a fivestory, multi-family residential building incorporating contemporary style architecture.
The scale and mass of the building would be
consistent with the development standards, and
objective design requirements outlined in the
Belmont Village Specific Plan (BVSP) and
Zoning Ordinance, except where waivers are
requested consistent with State law. The
project provides a mix of market-rate and
affordable housing units, including 11 units for
very low-income households, 3 units for lowincome households, and 11 units for moderate income households. The project also includes
enhanced sidewalk widths and street trees as
required by the BVSP.
BVSP Goal 2.3 Provide a variety of housing
types to accommodate different types of
households, different income levels, different
age groups, and different lifestyles.
GP Policy 2.3-1 Encourage the provision of
lower- and moderate-income housing to meet
the objectives of the Housing Element.
GP Policy 2.3-2 Encourage higher density
residential uses located in proximity to
commercial services, employment
opportunities, and major transportation
corridors and facilities.
GP Policy 2.3-4 Focus new development in or
directly adjacent to already-developed areas,
where it can be served by existing public
services and infrastructure.
GP Goal 2.5 Enhance the Belmont Village
Priority Development Area and develop a
distinct identify for the area as Belmont’s
vibrant town center for residents and visitors
with commercial, residential, dining, civic,
cultural, and entertainment activities.
GP Policy 2.5-3 Implement the Belmont
Village Specific Plan as the guide for land use
planning, design, streetscape, and public
improvements in the Belmont Village Priority
Development Area.
GP Policy 3.5-4 Design sidewalks to comply
with requirements set in the Belmont Village
Specific Plan within the plan area.
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2 General Plan Housing Element 2023-2031
Pending Projects: page 6-5 to 6-6 The project is included in the list of Pending Projects as a location where multi-family
development is expected during the 2023-2031
timeframe. The Housing Element anticipated
11 very low-income units, 11 moderate income
units and 117 market rate units, for a total
project size of 139 units. The proposed project
includes 11 very low-income units, 3 lowincome units, 11 moderate income units and 115 market rate units, for a total project size of
140 units. Therefore, the proposed project
includes more affordable units than was
anticipated in the Housing Element. This
calculation meets the City’s obligation to
monitor development projects to ensure
sufficient residential capacity to accommodate
the RHNA per Housing Element Program
H1.1.
Goal H1: Produce new housing at all income
levels, with a focus on Affordable Housing.
The project supports the goal to produce new
housing at all income levels, helping to fulfill
the City's housing needs allocation (RHNA) as
identified in the adopted 2023-2031 Housing
Element (see BVSP Goal 2.3 & GP Policy 2.3-
1). The project includes a variety of residential
unit types (Studio, 1 and 2 bedroom) and sizes
to accommodate the varied housing needs of
diverse households.
Policy H1.A: Provide adequate capacity to
meet the Sites Inventory for Regional Housing
Needs Allocation (RHNA).
Policy H1.B: Encourage a range of both
market-rate and affordable housing in a variety
of unit sizes and types to accommodate the
varied housing needs of diverse households
Goal H1: Produce new housing at all income
levels, with a focus on Affordable Housing.
Program H1.4: Establish By-Right Housing
Designation for Prior Housing Sites. Designate
housing sites that have carried over from the
prior Housing Element to allow housing
development by-right consistent with State
law.
In 2024 The City amended its Zoning
Ordinance to include by-right processing
consistent with State Law. The project site was
included in the previous Housing Element
(2015-2023) and included in the current
Housing Element (2023-2031) and meets the
additional legal criteria. The project site is
therefore subject to by right processing, which
means the jurisdiction shall not require a
conditional use permit or other discretionary
approval.
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3 General Plan Circulation Element (Transportation)
GP Goal 3.6 Promote Transportation Demand
Management Programs (TDM) and encourage
increased transit use through convenient, safe,
efficient, and cost- effective services.
The City has adopted a citywide TDM
program. A TDM is proposed with the project,
which would discourage the use of singleoccupancy vehicles as resident’s primary mode, especially for commuting, and
transition residents into other transportation
modes including transit, bicycling, carpooling,
and walking. Proposed measures to augment
travel habits include providing residents:
information on commute alternatives, transit
passes (e.g., Clipper Card) ride share
coordination, bicycle parking, etc.).
Policy 3.1-5 Require new development and
redevelopment projects to construct or pay
their fair share toward improvements for all
travel modes to provide and enhance
connectivity to existing transportation
facilities
The project includes public improvements
along all street frontages (i.e., wide sidewalks,
and street trees) that are consistent with the
adopted Complete Streets policies to promote
the development of public transit, bicycle, or
pedestrian facilities, and increase use of these
facilities. The project developer would pay for
these proposed improvements. Additionally,
the applicant will pay Transportation Impact
Fees to mitigate their fair share of future
transportation improvements.
Policy 3.1-5 Ensure that major new
development is adequately served by transit.
The project site is located within 0.5 mile of
the Belmont Caltrain station and within close
proximity of SamTrans bus stops on Ralston
Avenue.
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1 Exhibit “B”
Conditions of Approval for the 500-580 Masonic Way Project APN: 040-315-010
Application Number: PA2023-0032
These Conditions of Approval apply to the City approval of the following entitlements requested by Prometheus Real Estate Group, the Applicant for the 500-580 Masonic Way Project: By-Right Processing of Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus pursuant to Government Code §65915.
I. COMPLY WITH THE FOLLOWING CONDITIONS OF THE COMMUNITY DEVELOPMENT DEPARTMENT:
Planning Division
1. Indemnification. Land Owner hereby agrees to and shall indemnify, defend, and hold harmless City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers, and representatives (collectively, for the purposes of this condition, "City") from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage) and from any and all third party claims, demands, and actions in law or equity (including attorneys' fees and litigation expenses) directly or indirectly arising or alleged to have arisen out of or in any way related to: (a) the approval of the City Approvals; (b) any development or use of the Property under the City Approvals; and (c) any actions or inactions by the Land Owner or its contractors, subcontractors, agents, or employeesin connection with the construction or improvement of the Property and the Project as defined in the development agreement; excepting to the extent arising from the intentional acts or willful misconduct of City, its elected and appointed representatives, officers, agents, employees, contractors or subcontractors.
This indemnification and hold harmless agreement apply to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this condition, regardless of whether or not City prepared, supplied, or approved plans or specificationsfor the Property, but does not apply to damages and claimsfor damages caused by City with respect to public improvements and facilities after City has accepted maintenance responsibility for them.
2. Except as modified by these conditions of approval, or as required by subsequent project review, the Building Permit Plans shall be consistent with the approved Planning Plans, with a revision date of December 20, 2024 and inclusive of the architectural drawings (Sheets A1.0 through A5.3); Civil Engineering Plans (Sheets C1.0 through C7.0); Landscape Plans (Sheets L1.0 through L1.9), and Lighting Plans (Sheets LT1.1 through LT.1.2).
3. The applicant shall demonstrate that the apartment building is consistent with the maximum floor area and height (per zoning standards, incentives and approved density bonus waivers), 105
2 prior to final building permit inspection. As built, floor plans and a roof height elevation from an engineer or surveyor that includes roof top equipment and screens shall be provided.
4. Ground Equipment Screening. All exterior trash, recycling, and storage utility boxes, and electric and gas meters must be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). Said screening must incorporate the same architectural design, colors, and materials as the main building on site.
5. The plans submitted for a Building Permit shall include: a) a plan sheet that includes all project conditions of approval; b) boxed-out floor plans demonstrating that the apartment building would not exceed the maximum floor area permitted for the project; c) individual floor plans for each of the unit types and sub types (studio, one-bedroom, and two-bedroom); and d) floor plans for each level of the building that include a numbering and lettering system identifying each of the types of units and a table reflecting the total number of units in each category.
6. Exterior building materials shall be consistent with Elevation Drawings (Sheet A2.1 through A2.3) and submitted color and materials (Sheets A4.1 and A4.2), dated December 20, 2024, except for minor modifications approved by the Community Development Department, or as modified via an approved Design Review Amendment.
7. Fees. The applicant/developer must pay all applicable regulatory, connection, and impact fees, in accordance with Government Code Section 65589.5(o), and as specified by each respective City Ordinance or the City's Master Fee Schedule, as follows:
a) Transportation Impact Fees (TIF) - the current fee for the project per the City's Master Fee Schedule is $6,201.01 per unit for multi-family development. Fees will be adjusted to the most current adopted fee schedule in effect at the time of building permit issuance.
If the applicant elects to defer payment of fees until after building permit issuance, the applicant shall enter into a post-permit fee agreement with the City of Belmont and file the agreement with the San Mateo County recorder prior to building permit issuance.
Fees must be paid prior to Temporary Certificate of Occupancy or Certificate of Occupancy, whichever occurs first.
b) Park Improvement Impact Fees - the current fee for the project per the City's Master Fee Schedule is $9,856 per unit for multi-family development. Fees will be adjusted to the most current adopted fee schedule in effect at the time of building permit issuance. If the applicant elects to defer payment of fees until after building permit issuance, the applicant shall enter into a post-permit fee agreement with the City of Belmont and file the agreement with the San Mateo County recorder prior to building permit issuance. Fees must be paid prior to Temporary Certificate of Occupancy or Certificate of Occupancy, whichever occurs first.
c) Building Permit & Plan Check Fees – based on building valuation. The current fees may be calculated using the adopted FY 2024-25 fee schedule located on the Finance page of the City’s website. Fees will be adjusted to the most current adopted fee schedule in effect at the time of payment. Plan check fees must be paid at the time of building permit application. Building permit fees must be paid prior to building permit issuance. d) General Plan Maintenance Fee - 0.75% of Building Valuation. Must be paid prior to building permit issuance.
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3 e) Sewer Connection Fees - $12,024.81 per unit for multi-family development. Fees will be adjusted to the most current adopted fee schedule in effect at the time of payment. Must be paid prior to building permit issuance.
8. TDM Program. The applicant shall demonstrate compliance with both the County of San Mateo (CCAG) and the City of Belmont’s TDM programs by submitting a completed TDM application form (available on the City website) which will be subject to review and approval by the Department of Public Works. The applicant shall implement the TDM program as described in the approved TDM Plan prepared by Hexagon Transportation Consultants. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule. In addition, the following is required:
a) The Applicant, using the adopted TDM program, shall provide a tally of how many points and under which categories the project will be achieving TDM measures. b) The Applicant shall implement the TDM measures identified in the final approved Transportation Analysis. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule. c) The TDM program shall be evaluated annually to assess the actual level of trip reduction achieved at the site and to identify any adjustments to the program necessary to ensure the TDM measures are successful. Consistent with common traffic engineering data collection principles, trip generation shall be monitored annually by means of AM and PM commute hour driveway counts. The counts shall be conducted between 7:00 AM and 9:00 AM and between 4:00 PM and 6:00 PM one day per year on a typical weekday (Tuesday, Wednesday, or Thursday) during the fall when school is in session.
Mechanical tube counts, hand counts, or video counts may be used. The peak 60-minute period should be calculated for each two-hour traffic count period. d) An annual resident survey should be conducted to determine transportation mode choice (i.e., drive alone, carpool, bus, Caltrain, etc.). The site TDM coordinator shall work with an independent consultant to obtain traffic count data, implement the annual commuter surveys and document the results in a TDM monitoring report) The annual monitoring report shall be submitted to the Public Works Director or citywide TMA by the TDM coordinator. The data shall be reviewed by the City to assess whether the goal of a 15% trip reduction is being met.
e) In addition to the annual monitoring reports, a five-year review shall be conducted to evaluate the overall effectiveness of the TDM measures. If the city determines that the trip reduction goal is not being achieved, additional TDM measures may be implemented. Modifications to the TDM plan may include additional programs or services listed in the City of Belmont’s TDM program or otherwise available for achieving vehicle trip reductions.
f) The annual TDM monitoring report shall describe any planned modifications to the TDM program intended to ensure compliance with the trip reduction targets established for this project.
9. The applicant shall obtain Sign Program approval under Zoning Ordinance Section 23.10.02 (C), before the installation of any non-exempt signage on site.
10. Final details for the installation of public streetscape improvements (i.e., specific design of all proposed street furniture, ADA-compliant decorative tree grates, paving color/material lighting 107
4 standards, etc.) shall be consistent with the December 20, 2024 project plan set and the Belmont Village Specific Plan Streetscape Design Guidelines and approved by the Community Development Department in consultation with the Public Works and Park and Recreation Departments, prior to their installation.
11. All public improvements (frontage, streetscape, landscaping, lighting, public plaza, short term bicycle parking, and areas open to the public) shall be installed or constructed, prior to final Building Permit inspection.
12. Affordable Housing. The applicant shall record the fully executed Affordable Housing Agreement after approval of the project. Conformed copies of the recorded agreement shall be provided to the City Attorney and Community Development Department, prior to issuance of a building permit. The Affordable Housing Agreement shall incorporate the standards of the approved Affordable Housing Plan, including but not limited to:
a) Affordable housing shall be provided in accordance with the approved Affordable Housing Plan, including the number, location, level of affordability, and type of units.
Minor amendments to unit location and type may be approved by the Community Development Director.
b) Interior finishes and amenities of the affordable units shall be equal to those provided in the base model market-rate units. A Planning inspection verifying interior finishes in the affordable units shall occur after construction of the project, and before issuance of a certificate of occupancy.
c) Affordable units shall be provided equal access to project parking, and on-site amenity areas.
13. All exterior lighting shall employ the use of cut-off fixtures to restrict the direction of the light in accordance with City standards. Lighting should be the minimum required forsafety, but not result in undue glare off site. There shall be no floodlighting of landscape plantings, the apartment building, courtyards, or patios/decks. To ensure consistency with city standards for lighting and compliance with the submitted photometric plan, a final lighting review shall occur after installation of project lighting and before final Building Permit inspection.
14. Installation of roof mounted mechanical equipment shall be consistent with Elevation Drawings (Sheet A1.6) and Sections (Sheet A3.1) dated December 20, 2024. Roof mounted equipment shall be placed behind roof screens so as not to be visible from surrounding vantage points at or below the highest point of the equipment.
15. Interior & Operational Noise
a) Prior to issuance of a Building Permit, the project noise consultant shall certify in writing that the submitted Building Plans include all required noise reduction recommendations specified in the project noise analysis (i.e., construction methods, increased insulation, noise baffling, etc.) to reduce interior noise levels below the City and State level of 45 dB.
b) Final building plans shall include a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.
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5 c) The Project Noise Consultant shall conduct an acoustic analysis of all mechanical and HVAC equipment proposed with the final building permit plans. The results of the analysis and design recommendations for compliance with the City’s Noise Ordinance shall be summarized by the Consultant in a letter submitted with the building permit plans. The consultant’s recommendations shall be incorporated into the building plans, prior to issuance of a building permit.
16. Construction Noise
a) The applicant shall ensure that the following preventative and monitoring measures are enforced during grading and building operations:
i. Conduct construction activity according to the City Noise Ordinance. ii. Schedule highest noise-generating activity and construction activity away from noise-sensitive land uses.
iii. Equip internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers which are maintained in good condition. iv. Prohibit and post signs prohibiting unnecessary idling of internal combustion engines.
v. Locate all stationary noise-generating equipment such as air compressors and portable generators as far as practicable from noise-sensitive land uses. vi. Utilize “quiet” air compressors and other stationary equipment where feasible and available.
vii. Designate a noise disturbance coordinator who would respond to neighborhood complaints about construction noise by determining the cause of the noise complaints and require implementation of reasonable measures to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site.
b) The applicant shall notify property owners within 300 feet of the project site two weeks prior to the initiation of construction activities on site. A schedule of construction activities, and a copy of the noise control plan shall be included with this notice. c) Prior to issuance of grading or building permits, the applicant shall demonstrate that a condition of contract of all contractors and subcontractors requires the use of internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers, which are maintained in good condition. d) Prior to issuance of grading or building permits, the applicant shall demonstrate that a condition of contract of all contractors and subcontractors requires the use of “quiet” air compressors and other stationary equipment. If the applicant demonstrates that the use of quiet air compressors and other stationary equipment is not feasible, moveable sound barriers or portable sound huts shall be used for noise mitigation.
17. Construction Vibration
a) Pursuant to the Municipal Code, restrict noise-generating construction activities to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and Holidays.
b) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers 109
6 that are in good condition and appropriate for the equipment. c) Prohibit unnecessary idling of internal combustion engines. d) Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses. Any enclosure openings or venting shall face away from sensitive receptors. e) Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
f) Utilize “quiet” air compressors and other stationary noise sources where technology exists.
g) Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
h) Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. i) Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences. j) Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
18. Geotechnical Conditions
a) Final Geotechnical Report – The geotechnical report shall be finalized based on peer review comments in the letter from Atlas Technical Consultants dated October 17, 2023.
The final report shall be submitted to the City for review and concurrence by Atlas, prior to issuance of any permits.
b) Geotechnical Plan Review - Before submittal to the City, the Project Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, building setbacks, site drainage improvements and design parameters for foundations, retaining walls and access driveway/garage) to ensure that their recommendations have been properly incorporated.
The consultant shall ensure that the geotechnical design recommendations comply with the most current seismic design parameters of the California Building Code. c) The results of the geotechnical plan review and updated geotechnical design recommendations shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the city for review and approval prior to issuance of building permits. d) Geotechnical Field Inspection – The geotechnical consultant should inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project should be described by the geotechnical consultant in a certification letter and submitted to the City Engineer for review prior to final 110
7 (granting of occupancy).
19. Construction & Operations
a) Pursuant to GP EIR Mitigation Measure AQ-1, the applicant shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine. ARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.
b) Pursuant to GP EIR Mitigation Measure AQ-2, the applicant shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as Diesel high performance renewable). Renewable diesel is currently commercially available in San Francisco Bay Area. c) Pursuant to GP EIR Mitigation Measure AQ-3, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction. d) Pursuant to GP EIR Mitigation Measure AQ-4, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas.
The following measures are based on BAAQMD’s current CEQA guidelines. i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and un- paved access roads) will be watered two times per day. ii. All haul trucks transporting soil, sand, or other loose material offsite will be covered. iii. All visible mud or dirt track-out onto adjacent public roads or sidewalks will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. Entry and exit from the site will use rock or rumble strips to prevent tracking. v. All vehicle speeds on unpaved roads, driveways, or driving surfaces shall be limited to 15 mph.
vi. All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
vii. Post a publicly visible sign with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the District will also be visible to ensure compliance.
e) Pursuant to GP EIR Mitigation Measure AQ-5, the developer(s) shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project sponsors shall work with the City 111
8 of Belmont to develop electronic correspondence to be distributed by email to new residential and commercial tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled landscaping equipment.
i. The applicant must require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by implementing following measures during construction related activities:
ii. Idling times must be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage must be provided for construction workers at all access points.
iii. All construction equipment must be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment must be checked by a certified mechanic and determined to be running in proper condition prior to operation. iv. The applicant must require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that paints and solvents have a VOC content of 100 grams per liter or less for interior surfaces and 150 grams per liter or less for exterior surfaces.
f) Pursuant to General Plan EIR Mitigation Measure AQ-6, the applicant shall prepare a project-specific health risk assessment (HRA), prior to issuance of a building permit. If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for sensitive receptors would be less than Bay Area Air Quality Management District (BAAQMD) project-level thresholds, then additional mitigation will be unnecessary. If the health risk exposure for sensitive receptors is greater than BAAQMD project-level thresholds, then the report must identify appropriate mitigation.
20. Sensitive Receptors
a) Pursuant to General Plan EIR Mitigation Measure AQ-6, the applicant shall prepare a project-specific health risk assessment (HRA), prior to issuance of a building permit. If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for sensitive receptors would be less than Bay Area Air Quality Management District (BAAQMD) project-level thresholds, then additional mitigation will be unnecessary. If the health risk exposure for sensitive receptors is greater than BAAQMD project-level thresholds, then the report must identify appropriate mitigation.
21. Cultural Resources
a) Prior to the start of construction, the applicant shall demonstrate that construction crews have proper training for the discovery, handling and retention methods for paleontological, archeological and/or cultural resources found at the project site. Project personnel should not collect cultural resources. Prehistoric resources include: chert, or obsidian flakes, projectile points, mortars and pestles, dark, friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include:
stone or adobe foundations or walls, structures and remains with square nails, and refuse deposits or bottle dumps.
b) In the event that paleontological, archaeological, and/or cultural resources are 112
9 encountered during construction activities, all construction activity within a 60’ radius of the find shall be halted, and the Community Development Director shall be notified; an archaeologist shall examine the find and make appropriate recommendations. A plan for the mitigation of impacts to the resources will be prepared and submitted to the City of Belmont for approval.
22. Human Remains
a) If any human remains are discovered or recognized in any location on a project site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
i. The San Mateo County Coroner/Sheriff has been informed and has determined that no investigation of the cause of death is required; and ii. If the remains are of Native Americanorigin:
• The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; or
• The Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission.
23. Nesting Birds
a) To minimize potential impacts on nesting raptors, the applicant shall either: 1) Avoid construction activities (i.e., tree removal, demolition, grading, and construction) during the active nesting season (between February 1 and August 31); or 2) Conduct preconstruction surveys for nesting raptors and provide appropriate buffer zones, if construction has the potential to impact nesting birds. b) Pre-construction surveys shall be conducted by a qualified biologist or ornithologist in order to ensure that no raptor nests will be disturbed during project implementation. This survey will be conducted no more than 15 days prior to the initiation of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the biologist will inspect all trees in and immediately adjacent to the impact areas for raptor nests. If an active raptor nest is found close enough to the construction area to be disturbed by these activities, the ornithologist, in consultation with the California Department of Fish and Wildlife Service, will determine the extent of a construction-free buffer zone to be established around the nest.
24. Bats
a) A qualified biologist shall visually inspect trees to be removed for bat roosts within 7 days prior to their removal. The biologist will look for signs of bats including sightings of live or dead bats, bat calls or squeaking, the smell of bats, bat droppings, grease stains, or urine stains around openings in trees or structures, or flies around such openings. Trees 113
10 with multiple hollows, crevices, forked branches, woodpecker holes or loose and flaking bark have the highest chance of occupation and shall be inspected the most carefully. b) If signs of bats are detected, CDFW should be contacted about how to proceed. Echolocation surveys may be needed to verify the presence of bats, or an exclusion zone around the occupied tree may be recommended until bats leave the roost. Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction.
25. Green House Gases
Pursuant to the General Plan EIR Section for Energy, Green House Gas (GHG), and Climate Change (Mitigation Measure AQ-2 and Action 5.10-3.a), the Land Owner shall demonstrate the following:
a) Applicant shall endeavor to acquire (source) a minimum of 10% of the construction materials from within 100 miles of the planning area.
b) A minimum of 50% 65% of the construction waste generated by this project shall be recycled or salvaged for use. Documentation shall be provided before the final building permit inspection. Sample forms located at www.hcd.ca.gov/CALGreen.html may be used to assist in documenting compliance.
c) Prior to issuance of a building permit, the applicant shall provide documentation (i.e., construction contracts or signed agreements) demonstrating that all contractors and subcontractors agree to operate all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of work on renewable diesel (such as Diesel high performance renewable).
26. Hazardous Materials
a) Site Management Plan (SMP): Prepare and submit an SMP to San Mateo County Environmental Health Service (SMCEH) for approval before building permit plan check. Submit a copy of the approved SMP and required conditions to the Community Development Department before building permit issuance. b) Hazardous Materials Survey & Abatement: Hire a qualified hazardous materials abatement specialist to: (a) Survey for hazardous materials (e.g., lead, PCBs, asbestos, mold, mercury) in existing structures prior to demolition; (b) Remove identified hazardous materials.
c) Health and Safety Plan (HSP): Submit an HSP per OSHA (29 CFR 1910.120) and Cal/OSHA (CCR Title 8, Sec. 1592) to the City Building Division, prior to demolition, grading, or building permits. Include HSP requirements as a plan sheet in your demolition/grading/building permit submittal.
d) Contractor & Worker Safety: Ensure all contractor documents specify SMP compliance.
Contractors’ employees with exposure risks must be trained and follow the contractor’s HSP, including personal protective equipment (PPE) use. e) Public Notification & Signage: Post signs on all site perimeters with project sponsor and environmental consultant contact info. Include a “visible dust alert” hotline monitored during construction hours. Prepare a construction schedule; mail and post the schedule 114
11 for all property owners/occupants within 300ft, at least two weeks before work starts.
Provide mailing proof to Planning Division.
f) Soil & Groundwater Management: Submit the SMCEH–Groundwater Protection Program (GPP)–approved soil and groundwater management plan to the City prior to demolition/grading/building permits. Attach approval letter and conditions to relevant plan sheets.
g) Construction Dewatering: Provide a temporary dewatering plan addressing methods for handling, testing, and disposal of construction water, per sanitary sewer or NPDES permit. Follow Silicon Valley Clean Water requirements for sewer discharge. h) Dust & Vapor Controls: Implement dust mitigation measures from the Dust and Vapor Control Plan (DVCP) during construction. Include DVCP measures in permit plans, keep copies onsite for inspection.
i) Stormwater Pollution Prevention: Submit a Stormwater Pollution Prevention Program (SWPPP) with grading permit application. Maintain compliance with STOPPP Best Management Practices during work.
j) Unanticipated Conditions: Include protocols for unexpected findings (as per SMP) in all grading/building permit plans.
k) Reporting: After completion, submit a comprehensive close-out report to the CUPA, including at a minimum: Soil disposal manifest/receipts, Groundwater discharge/permits, Laboratory reports, Soil gas sample results.
27. Airport Hazards
a) The project requires review by the Airport Land Use Commission prior to issuance of a building permit. The Community Development Department will prepare and submit the requisite application materials. The applicant may be asked to supply project specific data to assist in completing the application. The following conditions are typically applied by the Airport Land Use Commission:
• The applicant has an obligation to comply with the real estate disclosure requirements outlined in Overflight Policy 1of the San Carlos ALUCP. • The applicant shall provide evidence of a recorded ‘Overflight Notification’ on each residential parcel in accordance with Overflight Policy 2 of the San Carlos ALUCP. (An example for the Overflight Notification to be used to fulfill this condition is included in the amended San Carlos ALUCP, Appendix E, Exhibit E.
b) Applicant shall comply with all applicable requirements of the FAA, including but not limited to the requirements of the Determination of No Hazard issued for the project on March 2, 2024. At the time of building permit submittal, applicant must determine whether they are required to file FAA Form 7460-1 for construction equipment. In order to do so, the applicant must determine the maximum height of any cranes to be used during construction. The determination shall be submitted in writing.
28. Mid-Peninsula Water District (MPWD)
a) The applicant shall demonstrate that the final landscape plan has been reviewed and approved by the Mid-Peninsula Water District (MPWD) and is consistent with MPWD’s Water Efficient Landscape Ordinance (WELO), prior to installation of landscaping. A post installation certification from MPWD is also required prior to final building permit inspection. Contact the MPWD Water Conservation Administrative Specialist at (650) 115
12 591-8941 or [email protected] for more information.
29. School Fees. This project is subject to the School Facilities Fee. Proof of payment must be presented to the City of Belmont before the permit will be issued. Contact the Sequoia Union School District directly for further information.
30. Public Art Requirement (Belmont City Code Sec. 17-128) - The City has a development standard that requires residential development of five (5) or more new dwelling units to devote an amount not less than 1% of construction costs for acquisition and installation of public art on the development site. For projects that do not include public art on the development site, developers can meet this obligation by either: 1) acquiring and installing freely accessible art on city property or in the public right of way; or 2) providing an in-lieu contribution (payment) to the City for acquisition and placement of public art in the city not less than 1% of construction costs.
31. At the time of building permit submittal, the landscape plans shall be updated to specify the species of street trees to be installed. Final selection of street trees shall be consistent with the Street Tree Master Plan and subject to approval by the Community Development Director.
Building Division
1. The building permit submittal shall be in conformance with the approved project plans (PA2023-0032).
2. The applicant shall obtain all required permits.
3. The building plans shall specify that the 2022 California Code of Regulations as amended by the State of California and all applicable City of Belmont ordinances will be employed during this project.
4. A minimum of 65% of the construction waste generated by this project shall be recycled or salvaged for use. Documentation shall be provided before the final inspection. Sample forms found in A Guide to the California Green Building Standards Code (Residential) located at www.hcd.ca.gov/CALGreen.html may be used to assist in documenting compliance.
CALGreen Section 4.408.
5. Detached accessory structures located less than 50 feet from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of 1- hour fire resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible material on the exterior side. When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all under-floor areas enclosed to within 8-10 inches of the ground, with exterior wall construction in accordance with Section 505.5. Height has been modified to comply with geographical needs.
6. All construction and related activities (not including grading) may only be conducted during 116
13 the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m., Saturdays. Grading may occur between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. No construction activity (including grading) or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Years Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
7. The City of Belmont Municipal Code requires a soils and engineering geology report for all new or substantially altered foundations. Provide such a report and a letter from the geotechnical engineer confirming that the foundation plan has been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the plans. BMC 7-12, IBC 106.1 & 1804.3.
8. Provide on the plans the existing and proposed locations of the electric and gas meters, subpanels, water heater and furnace.
9. The building plans shall show the location of all transformers, fire standpipes, and back flow preventers.
10. Accessibility features are required pursuant to the 2022 California Building Code (Chapter 11A &11B).
11. Photovoltaic installation may be a deferred submittal.
12. Special inspections will be required during construction as determined by the structural engineer and/or the Building Official.
13. The applicant shall post hours of operation and phone numbers for noise complaints.
14. The applicant shall obtain all department final signatures prior requesting a Building final.
II COMPLY WITH THE FOLLOWING CONDITIONS OF THE PUBLIC WORKS DEPARTMENT:
1. The project shall complete an approved Lot Line Adjustment process showing all necessary easement dedication(s) and vacation(s). All easement dedication(s) and vacation(s), including but not limited to PG&E and PUE, shall be successfully completed and recorded in accordance with the California Streets and Highways Code and, where applicable, the California Subdivision Map Act prior to issuance of any building permits. A Record of Survey shall also be recorded in accordance with the Professional Land Surveyors’ Act, prior to issuance of any building permits.
2. Proposed service laterals serving the site and the proposed sidewalk and landscaping along project frontages would be privately owned and maintained. This should be noted on the 117
14 plan.
3. Developer shall satisfy the conclusions and recommendations in the Storm Drain Technical Memo prepared by BKF Engineers dated April 5, 2024.
4. Prior to building permit issuance, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following:
a) Street improvement requirements are specified in the new General Plan (GP) and Belmont Village Specific Plan (BVSP). The street improvement designs shall meet these requirements.
b) Installation of new curb, gutter, bulb-outs, ramp, driveway, landscaping, and sidewalk along all project frontages.
c) Masonic Way will require a curb-to-curb grind & overlay. Wessex Way, Granada Street, & Hiller Street will require a curb-to-curb slurry seal. Areas to receive utility trenching and areas that are damaged during construction will be repaired per City standards. d) Extension of the exiting utilities and installation of new utilities, including but not limited to, water, sewer and storm drain lines and services.
e) Installing the necessary Green Infrastructure for capturing the required street flow, treating, and conveying the flow to the City Storm Drain system. f) Plans for all public improvements shall be prepared on Mylar (24”x36” sheets) and developer shall submit a digital format of the Record Drawings (AutoCAD format is preferred) upon completion of improvements.
5. The developer shall execute a secured public improvement agreement. The agreement shall be secured for an amount of 100% of the engineer’s estimate of the construction cost for faithful performance and 100% of the engineer’s estimate of the construction cost for labor & materials. All improvements must be in accordance with the City of Belmont standard detail and specs and built to the City Engineer’s satisfaction and accepted by the City prior to issuance of any certificate of occupancy for the project.
6. It is applicant’s responsibility to get permit(s) or approval from all affected agencies or private entities. Copies of these approvals should be submitted to the City prior to permit issuance.
7. Within vehicle sight triangles, walls, fences, trees, shrubs, bushes or hedges shall not exceed 3-feet in height while tree canopies shall maintain a minimum of 7-feet vertical clearance at all driveway locations.
8. Public sidewalks, driveway crossing path, and on-site pedestrian walkways and crossings shall have no greater than 2% cross slope. Cross slopes on ADA accessible parking space and access space shall not exceed 2% in all directions.
9. All existing on-site public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements and no trees or deep-rooted shrub are permitted within City utility easements, where the easement is located within landscape areas.
10. The developer shall comply with Regional Water Quality Control Board’s C.3 requirements and implement the following:
118
15 a) At the time of building permit plan check submittal, the developer shall submit a “final” Stormwater Control Plan (SWCP) and Report. Site grading, drainage, landscaping and building plans shall be consistent with the approved Stormwater Control Plan. The Plan and Report shall be prepared by a licensed Civil Engineer and certified that measures specified in the report meet the C.3 requirements of the Regional Water Quality Control Board (RWQCB) Order and shall be implemented as part of the site improvements. b) At the time of building permit plan check submittal, the developer shall submit plans for installing necessary Green Infrastructure to capture the required street flow, treating, and conveying to the City Storm Drain system.
c) The owner/applicant shall submit an updated C3 & C6 stormwater pollution prevention checklist, impervious calculation checklist and BMP measures checklist prior to design review approval as part of the final SWCP.
d) Prior to final inspection or certificate of occupancy, the developer shall submit and record an Operation and Maintenance (O&M) Plan for the long-term operation and maintenance of C-3 and street Green Infrastructure treatment facilities. e) Prior to final inspection or certificate of occupancy, property Owner shall enter into a Maintenance Agreement with the municipality to ensure long-term maintenance and servicing by the Property Owner of stormwater site design and treatment control [and/or HM] measures according the approved Maintenance Plan(s), including the proposed Green Infrastructure for treatment of street flow.
11. Streets, sidewalks and curbs in need of repair within and bordering the project shall be repaired and/or removed and replaced in accordance with the Department of Public Works approved standards. Photographs or video of before condition are recommended. “Bordering” does not include any sidewalks or curbs/gutters on the opposite side of the street.
12. New sidewalk, curb and gutter shall be installed in accordance with the Department of Public Works approved standards.
13. A driveway approach shall be installed in accordance with Department of Public Works approved standards.
14. Roof leaders and site drainage will not be routed directly to the City stormwater system. All stormwater runoff will be routed to treatment facilities (either bioretention basins, flowthrough planters, or underground mechanical treatment filter devices) prior to being routed to the City stormwater system. Energy dissipation will be incorporated into the treatment measures, as needed. The property owner or association shall be responsible for inspection and maintenance.
15. Roof downspout systems shall be designed to drain into designated, effective infiltration areas or structures (refer to the Bay Area Stormwater Management Agencies Association (BASMAA) Start at the Source Design Guidance Manual for Stormwater Quality Protection [available from BASMAA @ 510-622-2465]).
16. The developer shall incorporate the following Best Management Practices (BMPs) for stormwater quality protection into site design to the extent that conditions allow. (Refer to the Bay Area Stormwater Management Agencies Association (BASMAA) Start at the Source Design Guidance Manual for Stormwater Quality Protection (available from BASMAA @ 510-622-2465):
a) The landscape design shall incorporate biofilters, infiltration and retention/detention 119
16 basins into the site plan as feasible.
17. Runoff from trash enclosures, recycling areas, and/or food compactor enclosures, or similar facilities shall not discharge to the storm drain system. Trash enclosure areas shall be designed to avoid run-on to the trash enclosure area. If any drains are installed in or beneath dumpsters, compactors, and tallow bin areas serving food service facilities, the drains shall be connected to a grease removal device and/or treatment devices prior to discharging to the sanitary sewer.
18. The owner/applicant shall pay planned drainage fees in accordance with City ordinances.
19. The project shall implement the bulleted recommendations listed on Pg. ii and iii of the Executive Summary of the project’s revised Transportation Improvement Analysis prepared by Hexagon Transportation Consultants dated July 28, 2025.
The following conditions shall be met prior to the issuance of the first building permit (i.e., foundation permit) and/or site development permits except as otherwise specified in the conditions:
20. Property owner/applicant shall apply for and obtain a grading permit from the Department of Public Works. Prior to issuance of any grading permit, provide a letter confirming that all recommendations of the Geotechnical Report and its supplemental letters have been incorporated in the design of the proposed development.
21. Prior to start of any construction, the developer shall submit a construction schedule and monitoring plan for City Engineer review and approval. The construction schedule and monitoring plan shall include, but not be limited to, construction staging area, parking area for the construction workers, personal parking, temporary construction fencing, construction information signage and establish a neighborhood hotline to record and respond to neighborhood construction related concerns. The developer shall coordinate their construction activities with other construction activities in the vicinity of this project. The developer’s contractor is also required to submit updated monthly construction schedules to the City Engineer for the purpose of monitoring construction activities and work progress.
22. Prior to issuance of an encroachment, building or grading permit, the Applicant shall prepare a construction management plan (CMP) for review and approval by the Public Works Department in consultation with the Community Development Department and Police Department. For properties located at or in close proximity to the City borders, the plan shall be routed to adjacent jurisdictions. The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the Plan. The plan shall include at least the following items:
a) Schedule - A project construction schedule shall be provided that includes the approximate date and expected time frame for each stage of construction. At minimum, the schedule shall include:
i. Excavation & Shoring (as applicable)
ii. Below Grade & Foundation Construction
iii. Above Grade Construction & Framing
iv. Exterior & Interior Finish Work
v. Public Frontage Improvements
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17 vi. Offsite & Utility Improvements
b) Site & Logistics Plan - Site and logistics plan(s) shall be provided for each phase of project construction. Said plan(s) shall include:
i. Location of Construction Fencing & Access Control for The Site ii. Proposed Circulation Pattern, including Access & Egress, for Each Phase of Construction
iii. Location of Dewatering Tanks, Construction Trailer, Temporary Power Pole, & Restrooms
iv. Erosion & Dust Control Plans
v. Security & Lighting Plans
vi. Location of Construction Staging Areas for Materials, Equipment, & Vehicles vii. Crane Plane (Location, Height, & Radius), as applicable viii. Construction Worker Parking
c) Traffic Control Plan - Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Department of Public Works. Grading, hauling, and construction delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall identify the maximum size of construction equipment /trucks, during construction, expected temporary street closure and the use of flag personnel during construction, and the location of construction worker parking/car-pooling. Comprehensive traffic control measures shall be identified, including: any required detour signage, lane closures, and sidewalk closures. A 24 Hour Written notice must be given to the Public Works and Police Departments prior to lane closures. Trained flag persons shall be positioned at both ends of blocked traffic lanes to ensure safe movement of vehicles, and pedestrians. The proposed traffic control plan may require review by a traffic engineer, to ensure an adequate intersection/driveway turning radius would be provided for large vehicles, and/or when other large projects are in construction at the same time. d) Noticing - The CMP shall include notice to property owners within 300 feet of the project site two weeks prior to grading, and identification of haul route(s) and staging area for the project. The notice shall also include a process for responding to, and tracking, complaints pertaining to construction activity, including identification of an on-site complaint manager. 24-hour advance written notice shall also be provided to adjacent property owners, adjacent businesses, and Public Works and Police Department personnel prior to all major deliveries, detours, and lane closures. e) Road Conditions - Documentation of road pavement conditions shall be provided to the Public Works Department for all routes that will be used by construction vehicles, both before and after project construction. Roads found to have been damaged by construction vehicles shall be repaired to the level at which they existed prior to project construction.
f) Response to CMP Conditions - A response shall be provided to CMP conditions from other City departments, and outside agencies.
23. A written report prepared by a Geotechnical Engineer shall be submitted in accordance with Section 9-36 of the City Code.
24. The owner/applicant shall provide a street light plan that confirms that any street light improvements are focused on the project street frontage, excluding the opposite side of said 121
18 streets. This requirement is in line with the December 20, 2024 entitlement plan set and previous confirmation from the City on June 27, 2024.
25. The developer shall provide documentation from Mid-Peninsula Water District, PG&E, AT&T that these utilities will provide service to the subdivision.
26. All construction and related activities which require a City building permit shall be allowed only during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year’s Day, President’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
27. The property owner/applicant shall apply for and obtain temporary encroachment permits from the Department of Public Works for work in the City public right-of-way, easements or property in which the City holds an interest, including driveway, sidewalk, sewer connections, sewer clean-outs, curb drains, storm drain connections, placement of a debris box.
28. The property owner/applicant shall apply for and obtain a permanent encroachment agreement from the Department of Public Works, with approval by the City Council, for a structure, retaining wall, awning, or other features constructed in the public right-of-way, easement or on property in which the City holds an interest.
29. Failure to comply with any permit condition may result in a “Stop Work” order or other penalty.
30. Construction activity resulting in a land disturbance of 10,000 SF or more, or less than 10,000 SF but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (http://www.scrcb.ca.gov/stormwtr/construction.html or (916) 341-5537). The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it receives a complete NOI package (original signed NOI, vicinity map, and check). Applicant shall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction.
31. Verify location of utility meters, valves, back flow preventers, and hydrants with appropriate utility company. Show relationship of each to site improvements, such as retaining walls.
32. Prior to any grading or clearing being performed on-site, the owner/applicant shall submit a grading plan prepared by a California-registered Civil Engineer in accordance with City Grading Ordinance, Chapter 9, Section 3 of the City Code, with a grading permit application, for approval by the Department of Public Works and Building Division.
Soil or other construction materials shall not be stockpiled in the public right-of- way unless 122
19 an encroachment permit is obtained from the Department of Public Works. Grading shall neither be initiated nor continued between November 15 and April 15. Exceptions can be considered upon further review with the Building Official.
Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works. Grading shall incorporate the restrictions and recommendations of the Geologic and Soils report as approved by the City. The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality.
33. The owner/applicant shall submit a dust control plan for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary.
The application of water shall be monitored to prevent runoff into the storm drain system.
Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way shall be controlled. The measures shall also include:
a) Water all active construction sites at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c) Pave or apply water three times daily or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. d) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.
e) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more).
g) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
h) Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
i) Replant vegetation in disturbed areas as quickly as possible. j) Watering should be used to control dust generation during the break-up of pavement. k) Cover all trucks hauling demolition debris from the site. l) Use dust-proof chutes to load debris into trucks whenever feasible. m) Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
n) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be in proper running order prior to operation. o) Diesel powered equipment shall not be left inactive and idling for more than five minutes and shall comply with applicable BAAQMD rules.
p) Use alternative fueled construction equipment, if possible. q) All vehicle speeds on unpaved roads shall be limited to 15 mph. r) Post a visible sign with the telephone number and person to contact at the Lead Agency 123
20 regarding dust complaints. This person shall respond and take corrective action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations.
34. Storm drainage calculations shall be required for all storm drains and overland flows.
Drainage shed maps shall be submitted showing all upstream acreage and run-off coefficients for each tributary area. Overland flow paths and site release points shall be clearly identified.
Calculations shall be submitted to the Department of Public Works for review and approval.
35. The owner/applicant shall perform a video inspection of any sewer laterals proposed to remain. Submit the inspection to the Department of Public Works for review and make any necessary repairs to the lateral.
36. Applicant shall install the sanitary sewer connection in accordance with Department of Public Works approved standards and pay the applicable sewer connection fee.
37. If PG&E is requiring the developer to construct the gas and/or electrical connections in City right of way or easements, then the developer must submit plans and obtain an encroachment permit from Department to Public Works.
38. The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
a) A site plan showing the property lines, existing and proposed topography, and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas. b) Erosion and sediment controls to be used during construction, selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and Sedimentation Control Field Manual (available from: Friends of the San Francisco Estuary, P.O. Box 791, Oakland, CA 94604-0791. c) Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
d) Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, covers for soil stock piles and/or other measures. e) Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed. f) Provision for diverting on-site runoff around exposed areas and diverting off-site runoff around the project site (e.g., swales and dikes).
39. All utilities to each lot including, but not limited to, electric power, telephone, cable television, shall be provided underground.
40. The owner/applicant shall provide field survey data to permit retracing all survey monuments set to establish the street right-of-way both public and private.
41. All landscaping shall be maintained and shall be designed with efficient irrigation systems 124
21 to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides and pesticides.
42. A letter from the geotechnical consultant, shall inspect, test (as needed) and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to site preparations and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the replacement of steel and concrete. The geotechnical consultant shall observe all excavations during project grading to verify anticipated geologic conditions and to check for any apparent indications of temporary excavation instability. A final geotechnical inspection shall be performed of completed drainage improvements to verify conformance with geotechnical standards. The results of these inspections as the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval.
43. The property owner shall install, operate, and maintain all permanent stormwater quality protection measures included in the approved project plan using qualified personnel. The property owner/applicant must keep a maintenance and inspection schedule and record to ensure that the treatment control measures continue to operate effectively. Records must be provided to the Department of Public Works, on an annual basis, on or before June 30 of each year.
44. The developer shall provide to the first residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for hazardous products, proper use and disposal of hazardous products, and prohibited discharge practices prior to issuance of any certificate of occupancy for the project.
45. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying violators.
46. The phrase “No Dumping-Drains to Bay” or equal phrase shall be labeled on new storm drain inlets by stenciling, branding, plaque or casting.All on-site drain facilities must be inspected twice a year and cleaned immediately prior to the rainy season (prior to October 15) and once again during the rainy season. Results of inspection and cleaning shall be reported to the Department of Public Works on an annual basis on or before June 30 of each year.
47. No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner condensate, and floor cleaning wash water) shall be discharged to the storm drain system, the street or gutter.
48. The subdivision improvement plan agreement shall provide for payment of all grading permit fees and inspection charges including the reviews by the City’s Consultant Geologist or Geotechnical Engineer in accordance with the City’s Grading Ordinance.
49. The subdivision improvement plan shall provide for payment of all City inspection and plan check charges associated with the installation of public and private improvements including, but not limited to, streets, sanitary sewers, storm drains and streetlights. A cash deposit shall be made in accordance with the fee schedule, against which the City will assess its costs. A refund or additional charge will be made at the conclusion of construction. 125
22 50. Storm drainage, sanitary sewer, and emergency vehicle access easements shall be provided to the City as necessary.
51. The Project shall demonstrate compliance with all TIA recommendations.
52. The developer shall provide documentation from Mid-Peninsula Water District, PG&E, and AT&T Broadband cable TV that these utility companies will provide service to the development project/site.
53. Prior to Lot Line Adjustment approval, the developer shall post maintenance bonds or letters of creditfor all off-site improvements to be dedicated to the City at the time the Council accepts the project.
54. The owner/applicant shall provide a plan showing all the site improvements and utility trench locations. The plan shall indicate the location of all the protected trees and protection fences on site. No utility trench shall encroach within the protection fence areas.
The following conditions shall be met prior to occupancy except as otherwise specified in the conditions:
55. "As-built" drawings for any public improvement including streets, sewers, etc. shall be submitted to the City in AutoCAD on CD ROM.
56. If construction is not complete by the start of the wet season (November 15 through April 15), prior to November 15 the developer shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing disturbed soils through temporary or permanent seeding, mulching, matting, tarping or other physical means; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions. As site conditions warrant, the Department of Public Works may direct the developer to implement additional winterization requirements.
57. After the City permits are approved but before beginning construction, the owner/applicant shall hold a preconstruction conference with Building and Public Works Department staff and other interested parties. The developer shall arrange for the attendance of the construction manager, contractor, and all subcontractors who are responsible for grading and erosion and sedimentation protection controls.
58. The owner/applicant shall ensure that all construction personnel follow standard BMPs for stormwater quality protection during construction of project. These include, but are not limited to, the following:
a) Store, handle and dispose of construction materials and wastes properly, to prevent their contact with stormwater.
b) Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, wash water or sediment, and nonstormwater discharges to storm drains and watercourses. c) Use sediment controls, filtration, or settling to remove sediment from dewatering effluent.
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23 d) Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and treated.
e) Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses with field markers or fencing. f) Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching or other measures as appropriate.
g) Perform clearing and earth moving activities only during dry weather (April 15 through November 14).
h) Limit and time applications of pesticides and fertilizers to prevent polluted runoff. i) Limit construction access routes and stabilize designated access points. j) Do not track dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping methods.
59. A maintenance agreement isrequired to be executed between the City and the developer prior to issuance of a certificate of occupancy or final inspection, whichever comes first. The property owner shall maintain the following:
a) Stormwater treatment areas inside and along the frontage of the properties. b) Sidewalks, driveways, street furniture, decorative streetlights, landscaping, street trees along the frontage of property up to the back of curb.
III COMPLY WITH THE FOLLOWING CONDITIONS OF THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT:
1. EGRESS – The applicant shall maintain required egress for all adjacent buildings/properties.
2. STANDPIPES – For projects that require standpipes by California Fire Code Section 905.3.1, the applicant shall provide not less than one standpipe for use during construction or demolition.
3. DEMOLITION – The applicant shall comply with the California Fire Code Chapter 33 during all phases of construction of the project. Applicant shall prepare a Fire Safety Plan for the Fire Department which shall be adhered to throughout construction.
4. FIRE FLOW – The applicant shall provide fire flow information to the Fire Plan Checker, which is subject to the review and approval of the Fire Marshal or his/her designee.
5. REMOTE POWER DISCONNECT – The plans shall show a key switch/shunt trip to disconnect the building electrical power and/or solar photovoltaic system by Fire Department personnel. The key switch/shunt trip location(s) shall be subject to the review and approval of the Fire Marshal or his/her designee.
6. FIRE CONTROL ROOM – The plans shall show a fire control room with direct access from the exterior of the building subject to the requirements listed in the Fire Department’s local 127
24 Ordinance and subject to the review and approval of the Fire Marshal or his/her designee.
7. CODE CONFORMANCE – The applicant shall indicate on all building permit plans that all construction shall meet current code standards at the time of building permit submittal. The building permit plans are subject to review and approval by the Fire Marshal or his/her designee.
8. FIRE DEPARTMENT SUBMITTALS – The applicant shall submit all plans involving fire systems (including but not limited to fire sprinklers, fire hydrants, and fire alarms) in conjunction with the superstructure building permit plans to the Fire Department. The plans are subject to review and approval by the Fire Marshal or his/her designee.
9. FIRE HYDRANTS – The applicant shall install the approved number of public/private fire hydrant(s) spaced as per the Fire Department’s local Ordinance. All fire hydrants used for fire flow for the project site shall be upgraded to a Clow model 960 or equivalent consisting of (2) 2-½ inch and (1) 4-½ inch outlets. Each hydrant shall be capable of providing a minimum fire flow of 1500 gpm at 20 psi residual pressure. Water supply for fire protection is required to be installed in accordance with water purveyor’s specifications. The water supply shall be tested, flushed and approved operable prior to any combustible construction materials being placed on the site. Staged construction shall insure that the necessary water supply is maintained from stage to stage in the construction planning. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection.
10. EMERGENCY RESPONDER RADIO COVERAGE – An Emergency Responder Radio Coverage system may be required for this project. Testing shall occur during construction due to circuit protection requirements that will affect building design. The applicant shall provide a third-party testing grid report to the Fire Department subject to the review and approval by the Fire Marshal or his/her designee prior to the Fire Final Inspection.
11. Prior to application for a Fire Sprinkler Permit, the applicant shall submit plans to the MidPeninsula Water District (MPWD) for their review and approval. Contact MPWD at 650- 591-8941 to coordinate review of the project.
12. A separate application and permit are required for the installation or alteration of any Fire Alarm, or Water-flow Monitoring System. This application shall include the interconnection of any Fixed Fire Protection System to an Alarm System where provided. A valid Permit and Approved Plans shall be at the jobsite at all times.
13. A separate application and permit are required for the installation of any underground fire service lines. Application shall be made by a Registered Engineer or by either a General Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing the work.
14. A master building wide Hazardous Materials Inventory Statement (HMIS) and a tenant 128
25 HMIS shall be kept on file with the building management for the lifetime of the use . The building management shall manage all tenant HMIS documents against the Master HMIS such that the total quantity of hazardous materials shall not exceed the Maximum Area Quantities (MAQ’s) as defined by the HMIS and CFC Chapter 50. This project shall update their fire sprinkler design density to an Extra Hazard class to 0.4/3,000 square-feet.
15. A Knox Key-Lock Box is required to be installed as shown on plans. Please contact Fire Prevention at 650-522-7940 to obtain an application.
16. Fire inspections are available Monday through Friday, 8:00 am to 4:00 pm. Call 650-522- 7940 a minimum of 48 hours in advance to place your inspection request.
17. On plans submitted for a Building Permit, show the location of all required Smoke Alarms and Carbon Monoxide Alarms, in accordance with CRC Sections 314 & 315.
18. In accordance with the Municipal/Regional Stormwater Permit, no fire sprinkler system drain shall discharge into any Storm Drain System. The system shall discharge to either a landscape area large enough to contain the outflow, or to the Sanitary Sewer by means of an indirect connection. Indicate the location of the Fire Sprinkler System drain on plans submitted for a building permit.
19. Address Identification. New and existing buildings shall 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 shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all new construction and in all alterations greater than 50% of the original structure. Numbers shall be as follows: Minimum of one-half inch (1/2”) stroke by six inches (6”) high. When the structure is thirty-six (36) to fifty (50) feet from the street or fire department access a minimum of one-half inch (1/2”) stroke by nine inches (9”) high is required. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one-inch (1”) stroke by twelve inches (12”) high is required.
IV COMPLY WITH THE FOLLOWING CONDITIONS OF THE BELMONT POLICE DEPARTMENT:
1. All activities shall be subject to the requirements of the Belmont Noise Ordinance.
2. No debris boxes or building materials shall be stored on the street unless permitted.
3. Flag person(s) shall be required for closures positioned at both ends of any closure.
4. A 24-hour written notice to and approval from the Police Department is required before any lane closure. (Contact PD Traffic Unit or Watch Commander for approvals).
5. No parking of construction employee vehicles is allowed in the roadways. 129
26 6. Any lane/road closures must only be conducted during non-commute hours (9am-3pm).
7. Any burglar alarm shall be registered with the PD per BCC 18-50 et. seq.
8. A signage plan is required for closures/detours. This plan must be approved by the PD Traffic Unit.
9. The applicant shall provide a security plan to the Police Department plan for the construction period, prior to issuance of a building permit. Said plan shall, at minimum, include: lighting (if desired), surveillance, physical security of property, and securing of any tools, equipment and/or materials left on site. The Police Department shall also be provided 24-hour emergency contact information for the contractor and owner. Route emergency contact information to PD Attn: Sgt. Thompson or email to [email protected].
10. No Trespassing signs, per 602 PC, are required to be posted around property to discourage unauthorized entry and aid in criminal prosecutions for trespassing/theft.
11. The property address must be clearly posted at all times during and after construction, visible and legible from entire roadway frontage(s).
12. The applicantshall ensure the Police Department has accessto any secured emergency access easements/gates/pathways.
Certification of Approved Final Conditions:
Carlos de Melo, Community Development
Director
Date
130
MEETING OF AUGUST 19, 2025
AGENDA ITEM NO.
Application I.D.: PA2023-0032
Application Type: By-Right Processing of Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus
Location: 500-580 Masonic Way
Applicant: Prometheus Real Estate Group
APN: 040-315-010
General Plan Designation: Village Corridor Mixed Use
Housing Opportunity Site in 2023-2031 Housing Element
Specific Plan Designation: Belmont Village Specific Plan- Village Station Core Zoning: Village Station Core
Environmental Determination: The project is subject to Government Code Section 65583.2(i) so CEQA does not apply
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached Resolution approving the request for Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus as described in this report and its attachments.
PROJECT SUMMARY
Overview
The 500-580 Masonic Way Project consists of the construction of a five story, approximately 147,198 sq. ft. building with a total of 140 apartment units, including 25 Affordable units, parking for 138 vehicles, landscaping and site improvements. Approximate grading includes 3,120 cubic yards of cut and 910 cubic yards of fill. The project also includes an Affordable Housing Plan, a Transportation Demand Management Program, and application of State Density Bonus Law.
BACKGROUND
In 2017, the City Council adopted the 2035 General Plan (GP), Belmont Village Specific Plan (BVSP), and Climate Action Plan (CAP). The Council also certified the associated Final 131
Staff Report – 500-580 Masonic Way Project
August 19, 2025
Environmental Impact Report (FEIR) and adopted a Mitigation Monitoring and Reporting Program (MMRP).
The BVSP envisions that the downtown area would be “transformed”, as described in BVSP Section 2.3 (Land Use Framework):
“The Belmont Village Specific Plan envisions the transformation of the Planning Area into a vibrant, mixed use activity center with an attractive, well-defined identity. It is intended to provide the entire Belmont community with opportunities to eat, shop, live, work, and play. To support this vision of the Planning Area, this Specific Plan introduces new mixed-use districts that support a variety of land uses, including residential, employment, service, and entertainment uses.” Consistent with state housing, zoning, and environmental laws, and the overarching goal of creating a vibrant downtown, the General Plan, BVSP, and CAP contain numerous policies that promote higher density, transit-oriented, mixed-use development. The General Plan EIR identified the potential impacts of implementation of the General Plan and BVSP. The GP EIR indicates that adherence to the policies identified in the policy documents would substantially reduce or mitigate these impacts to less than significant. When impacts would not be reduced, the GP EIR includes mitigation measures to reduce or lessen the impacts; however, some impacts could not be adequately mitigated, and the City Council adopted a Statement of Overriding Considerations for the GP EIR. Essentially this means that the City Council determined that there could be unmitigated impacts as a result of the implementation of the GP and BVSP, but that the benefits to the Belmont community of adopting/implementing these policy documents outweighed the severity of these impacts.
Review of this project requires that the project be consistent with the vision (goals, policies, standards) of the General Plan and BVSP, as opposed to with the existing development surrounding it. As such, staff evaluated the project for consistency with the Zoning Ordinance, objective development standards, General Plan and BVSP Policies, and the mitigation measures identified in the General Plan EIR that prevent or lessen environmental impacts.
Legal Context
The applicant submitted this application under the Housing Crisis Act of 2019 (SB 330), which established various requirements and regulations that reviewing agencies must adhere to facilitate housing in an efficient manner and within a specified timeline. This Act was aimed at removing obstacles to the construction of new housing in urban areas. It also prohibits local jurisdictions from implementing new laws that would restrict the legal capacity for new housing or cause delays in housing development. It is codified in Government Code Section 65589.5.
The California State Density Bonus Law (SDBL) - Government Code sections 65915- 65918 - provides developers with tools to encourage the development of affordable housing, including an increase in project densities, waivers, and incentives/concessions. SDBL is a State mandate, meaning a developer who meets the requirements of the State Law is entitled to receive the density bonus and other benefits as a matter of right. The amount of the density bonus (increase in housing units above that allowed under the Zoning Ordinance) is set on a sliding scale, based upon the percentage of affordable units at each income level. The bonus units are in addition to the base 132
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density for the development. The law also requires the City to grant waivers, and incentives or concessions to accommodate the development at the allowed density. The City is not permitted to apply a development standard which physically precludes the construction of the project at its permitted density under SDBL.
Additionally, the project is identified in the certified 2023-2031 Housing Element (page 6-6) as subject to “by right” processing if the project includes 20% lower income units1. This Housing Element provision was required by Government Code Section 65583.2(c) because the site meets two criteria: 1) the site was included in the previous Housing Element (2015-2023) and also included in the current Housing Element (2023-2031); and 2) the site was required to be upzoned to meet the Regional Housing Needs Allocation, as opposed to the City voluntarily upzoning the property. “By right” processing means the jurisdiction shall not require a conditional use permit or other discretionary approval. Furthermore, by right projects are not subject to the California Environmental Quality Act (CEQA) per Government Code Section 65583.2(i). The proposed project includes 20% lower income units, so it is being processed through the by-right process.
The Planning Commission review is limited to reviewing for objective standards for all entitlements. This is the only project site in the City of Belmont currently subject to this particular provision of State law. There are other sites carried forward from the 2015-2023 Housing Element into the 2023-2031 Housing Element, but those sites do not meet the second criteria above because the City voluntarily upzoned them through the General Plan and/or Belmont Village Specific Plan process.
Some of the necessary entitlements for the project include findings for approval that are subjective in nature. Since the Planning Commission cannot consider subjective findings as part of a by-right approval, the draft Resolution (included as Attachment 1) includes subjective findings for transparency but they are shown in strikethrough and no rationale for whether the finding can be made is included.
Specific to the Design Review entitlement, State law and Belmont Zoning Ordinance Section
13.5.1 (Design Review), say that the Planning Commission may only deny the project if it makes the findings below. The required findings read in the negative, as the review authority (Planning Commission) is required to approve the project unless the findings can be made. (a) The reviewing body must approve or conditionally approve Design Review for a project that is defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) unless it makes one of the following findings supported by a preponderance of the evidence in the record:
(1) The project does not comply with all applicable objective general plan, zoning, subdivision and development standards including objective design review standards. (2) The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density. 1 Under State law related to Housing Elements, the term “lower income” refers to units affordable to low income households and those with deeper levels of affordability. For this particular project, “lower income” includes low income and very low income units.
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(b) As used in subsection (a), a “specific, adverse impact” is defined by Government Code Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Project Site
The project site is an entire block surrounded by four public street frontages: Masonic Way to the south, Granada Street to the west, Wessex Way to the north and Hiller Street to the east (see Location Map on page 5). The subject property is currently developed with a retail building with six units occupied by various commercial uses. The project would demolish the existing building on the site and construct a five-story apartment building. Four existing parcels would be merged to form a single 1.24-acre site that would contain the proposed apartment building.
Location Map
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PROJECT DESCRIPTION
Lot Merger
The project site is currently comprised of four separate lots that will be merged into a single lot as part of the project. The lot merger is considered a cleanup item, as the current building crosses the legal property lines. A condition of approval has been included to require the applicant to receive approval of a Lot Line Adjustment/Lot Merger prior to issuance of a building permit.
Site Plan & Building Design
The proposed five-story apartment building would be 60’ in height. The building would be set back 10’ from Masonic Way, 3’ to the closest point on Hiller Street, 5’ to the closest point on Wessex Way and 4’ to the closest point on Granada Street. Proposed improvements to the street frontages include sidewalks, curb and gutter, 24 street trees, and a garden and outdoor area at the corner of Hiller Street and Wessex Way.
The project would include the construction of a contemporary style multifamily apartment building. The proposed design of the building includes a complimentary palette of materials (cement stucco, wood siding and composition shingle roofing) and colors (beige and gray and brown and tan wood tones). The building would be five stories in height with design elements required by the objective standards that would mitigate for project bulk and create visual interest at the pedestrian level (see Analysis below for additional information on design standards).
Access, Circulation and Parking
Vehicular access to the parking garage would be provided from Granada Street. The garage would accommodate 138 car parking spaces, and a bike room equipped with 142 long-term bicycle spaces. Pedestrian access to the building’s main lobby and leasing office would be accessible from Masonic Way and Hiller Street. Resident access to the building will also be accessible from Wessex Way.
Floor Plans
The submitted floor plans show that there would be 39 studio units, 68 one-bedroom units, and 33 two-bedroom units. The proposed floor plans would include the following elements:
Floor Area Summary
Floor Level – Area Type of Rooms
1st Floor Level – 24,983 sq. ft. +
17,713 sq. ft. garage area
Vehicle Parking (85 spaces), Trash/Recycling,
Bike Parking (142 spaces), Mail Room, Lobby,
Fitness Center, Mechanical/Utility, Elevators &
Stairwells, 15 Apartments
2nd Floor Level – 21,121 sq. ft. +
18,556 sq. ft. garage
Vehicle Parking (53 spaces), Trash, Elevators,
Stairwells, Amenity Space & 20 Apartments
3rd Floor Level – 35,104 sq. ft. Indoor and Outdoor Amenity Spaces, Spa, Elevators, Stairwells & 35 Apartments
4th Floor Level – 32,995 sq. ft. Elevators, Stairwells, & 35 Apartments 5th Floor Level – 32,995 sq. ft. Elevators, Stairwells, & 25 Apartments Total = 147,198 sq. ft.
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Base Project
Under California State Density Bonus Law (SDBL) and the City’s Zoning Ordinance, the applicant must first identify a “base project” that is consistent with all relevant objective development standards. SDBL then allows the applicant to increase the size of the building to accommodate the additional bonus units. The applicant included information for a base project of a three-story building, including FAR, lot coverage, bulk, private open space, publicly accessible open space, landscape percentage, parking and height. Staff analyzed the average unit size, configuration of parking, configuration of open space, ceiling heights, and amenities and found the base project to be consistent with the proposed project.
The setbacks, layout, configuration of parking (two levels), and inclusion of a podium level amenity area are identical. The total amenity area for the project would be substantially consistent from the base to the project. Access and circulation on site, and project amenities (fitness room, leasing/lobby) would be the same.
Affordable Housing and Density Bonus
BZO Section 29.3(a)(3) requires that residential rental projects of 25 units or more provide 15% affordable units for low-income households. For the subject project, the applicant proposed 15% very low-income affordable units, entitling them to a 50% density bonus under State law. The applicant also proposed 15% moderate-income units which entitles them to an additional 50% density bonus. There are 70 units in the base project and the applicant is entitled to a 100% increase because the two 50% bonuses are added together. As a result, there are a total of 140 units proposed including 70 base units and 70 bonus units. Additionally, the applicant proposed 5% low-income units for a total of 20% lower income units, which qualifies the project for a by-right approval (as discussed in the Background section above). Since SDBL allows the number of housing units to increase by 100%, the floor area ratio is also allowed to increase by up to 100% to physically accommodate the bonus units.
The affordable units include seven studio units, 12 one-bedroom units, and six two-bedroom units as shown in the table below.
Unit Size Very Low
Income
Low Income Moderate
Income
Subtotal
Studio 3 1 3 7
One Bedroom 6 1 5 12
Two Bedroom 2 1 3 6
Total 11 3 11 25
The applicant has requested SDBL waivers to the development standards for height, bulk and street wall height standards in order to construct the additional floor area required for the bonus units.
Applicable Affordable Housing provisions are discussed in greater detail later in this report.
TDM Program
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appropriate TDM programs can discourage the use of single-occupancy vehicles trips as a user’s primary mode, especially for commuting, and transition users into other transportation modes including transit, bicycling, carpooling, and walking. A TDM Program has been submitted by the applicant as part of the project, as required by the City. Details of the TDM Program are discussed in the Analysis section of this report.
Trash/Recycling
Trash, compostable items, and recycling containers would be located within trash rooms in the parking garage area on the ground floor with a smaller trash room on the second floor. These materials would be picked up at the loading area on the ground floor. Building custodial/maintenance staff would be responsible to move the containers to the loading area on pick up days. The City’s trash/recycling hauler (Recology) has reviewed the project and finds that it meets their standards for level of service and operations.
Landscaping & Lighting
A variety of trees, shrubs, and ground covers would be planted, predominantly along the perimeter of the site. The project also includes a landscaped garden area and open space at the corner of Hiller Street and Wessex Way and a landscaped interior courtyard with a spa and outdoor amenity space on the third floor (see sheets L1 and L2 of the project plans). Landscape plantings have been selected for compliance with water efficiency in landscape requirements identified by the MidPeninsula Water District. Street trees would be consistent with the BVSP tree species list.
Exterior lighting consists of down directed wall-mounted fixtures around the exterior of the building, and puck lights, bollard lights and step lights along sidewalks and walkways. Two pole lights and trellis lights are proposed at the ground level garden. Lighting fixtures and locations are shown on sheet LT1.1 of the development plans. The project would employ full cut-off fixtures to restrict the direction of the light in accordance with City standards. A photometric plan has been submitted for the project that demonstrates that lighting should be the minimum required for safety but not result in undue glare off site (see sheet LT1.2 of the project plans). A condition of approval has also been included that would require a final lighting review after installation, but before final inspection and occupancy.
Grading
It is anticipated that approximately 3,120 cubic yards of cut and 910 cubic yards of fill would be required for construction of the project, with 2,210 cubic yards of export from the site. The proposed grading would also allow for installation of required landscaping, storm water treatment measures and construction of the streetscape frontage improvements.
Site Remediation
The City requires site-specific investigations for development projects to address potentially hazardous materials conditions. As such, Phase I and II environmental assessments were conducted for the project. The results of those assessments indicate that past uses on the project site and uses on an adjacent site may have resulted in contamination to the project site; however, the site would be remediated as part of the project to ensure that the proposed development would not result in significant impacts to surrounding residents or construction workers. The work to remediate the site would be accomplished in accordance with all California Department of Toxic Substance Control (DTSC) requirements. San Mateo County Environmental Health Services has 137
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advised that there is a small amount of Tetrachloroethane (PCE) has been detected on the site and is requiring a Site Management Plan to be submitted for approval. Conditions of approval have been included to ensure potentially hazardous material conditions will be addressed consistent with County and State requirements.
PROJECT ANALYSIS
The proposed project is consistent with the General Plan and Belmont Village Specific Plan as outlined in Attachment 1, Exhibit A. The analysis below considers State Density Bonus Law, requested entitlements, parking, transportation, and geotechnical review.
State Density Bonus Law - Waivers
The project includes three requested waivers as follows:
• Height: The base height standard for the BVSP’s Station Core district and the Village Station Core (VSC) Zoning district is a maximum of 45 feet, and up to 60 feet with community benefits. To accommodate the 100% density bonus granted under State Density Bonus Law, the additional 15 feet in height is required. Without the additional height, the additional units cannot fit within the base 45-foot height limit within the maximum allowable floorplate of the site’s physical constraints. The project building’s roofline will be 60 feet. No nonhabitable building features will exceed eight feet. o The development standard referenced would physically preclude development of the Project if the waiver was not allowed.
o The proposed height of the building is required to accommodate the 140-unit project. • Bulk: The Development Standards for the VSC district require that the third story floorplate is not larger than 85% of the first floorplate, and that the fourth story maximum floorplate is 70% of the first story floorplate. To accommodate the 100% density bonus granted under State Density Bonus Law, additional bulk for the fourth and fifth stories is required. The proposed bulk at the fourth and fifth stories will be 78% of the first floor footplate. Without the additional bulk, the additional 100% density bonus units would not fit. o The development standard referenced would physically preclude development of the Project if the waiver was not provided.
o Any required setbacks on the upper floors would not allow for the current volume of the building and therefore prevent the total units proposed which includes the affordable units included in the Project. Diagrams are shown on sheet G2 of the development plans.
o In mathematical terms, the base project includes three residential floors of an average
23.3 units per floor. A 100% density bonus is equal to an additional 70 units, or three additional full floors equivalent of units.
• Street Wall Height Standards: Table 4-4 of BVSP and Section 31.3 of the Zoning Code supports a two story minimum, three story maximum building. In the areas of the building where the building wall height standards are not met, a waiver is requested. o To accommodate the 100% density bonus granted under State Density Bonus Law, the Project must exceed the street wall height standards as depicted on sheet G1.8 of the development plans. Without exceeding the wall height standards, the additional 100% bonus units would not fit.
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Requested Entitlements
Design Review
A Design Review Permit is required for the proposed housing development project. The City’s findings for a Design Review Permit for housing projects are consistent with SB330 (Housing Crisis Act) and AB678 and SB167 (Housing Accountability Act), which require that local jurisdictions utilize a streamlined process for specified housing projects; this process requires the Planning Commission to consider only objective standards.
Government Code § 65913.4 (5) defines objective standards as: “Standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent, and the public official prior to submittal.”
The Belmont Village Specific Plan (BVSP) and Section 31 of the Belmont Zoning Ordinance (BZO) include numerous objective standards for evaluating development projects in the BVSP Area (i.e., lot and layout standards, building form and street frontage standards, open space standards, parking standards, etc.). The standards are intended to create an active pedestrianoriented street frontage within the BVSP Area. For example, build-to lines, ground floor elevation, and ground floor transparency standards result in buildings that are close to the public right-ofway and provide a visual connection between pedestrians and ground floor commercial uses.
The project would be consistent with all of the following objective standards:
• Setbacks
• Landscaping / Number of Trees & Water Efficiency in Landscaping (WELO) • Lot Coverage
• Full Cut-off Lighting
• Minimum Ground Floor Height
• Vehicle & Bicycle Parking
• Limit on Blank Walls
• Color & Material Variation
• Building Module Standards
• Open Space / Outdoor Area Per Unit
The objective design standards identified in the list above (Limitation on Blank Walls, Building Module Standards, and Color & Material Variation), largely address project-related building bulk by articulating (projecting and recessing) and visually breaking up large building walls. In addition, the following objective development standards assist in addressing the potential aesthetic impacts of the project:
• Trash and recycling areas are required to be covered and screened. The project trash and recycling areas would be located within the garages on the ground floor and second floor.
• Roof-top mechanical equipment is required to be screened. The project’s roof top equipment would be screened from view of the surrounding area. 139
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• Any future signage would be reviewed for compliance with the City’s Sign Ordinance, which includes provisions that prohibit the use of extreme color and signage that does not conform to building design.
• A total of 10% of the project site is required to be landscaped, with one tree for each 400 sq. ft. of landscaping. The proposed landscape plan includes 10% of the project site in landscaping. The street trees and shrubs along the perimeter of the project site would screen and soften the appearance of the building as seen from the surrounding area.
The project would be consistent with all applicable objective development and design standards identified in the BVSP and the BZO other than the three requested Density Bonus waivers.
Attachment 1 includes the findings of approval for the Design Review approval.
Affordable Housing Plan
Applicants for residential rental projects of 25 units or more must submit an Affordable Housing Plan concurrently with the application for the project including key information such as the level of affordability and location of the units in the development (See Attachment 3). BZO 29.8(a)(5) indicates that an Affordable Housing Plan must be processed concurrently with all other permits required for the development project. Before approving the Affordable Housing Plan, the decisionmaking body must find that the affordable housing plan conforms to BZO Section 29.6 (b) (1-3) (Standards for Affordable Units). Attachment 3 includes Staff’s responses to the standards for the Affordable Housing Plan.
Grading Plan
Approximately 3,120 cubic yards of cut and 910 cubic yards of fill would be required for construction of the project, with 2,210 cubic yards of export from the site. In addition to the apartment building, the proposed grading would also allow for installation of required landscaping, parking stackers, stormwater treatment measures and construction of the streetscape frontage improvements.
Development projects that exceed 500 cubic yards of grading require Grading Plan approval by the Planning Commission. Key considerations for the Grading Plan identified in the required findings for approval (City Code Section 9-27 (a)–(h)) include review of the grading for site stability, and erosion control/flooding/water quality impacts. This review entails an evaluation of the potential condition of the property as a result of the proposed grading. Conformance with the technical aspects of grading (site stability, erosion control, dust control, and the methods of cut, fill, compaction, etc.) are reviewed by engineers in the Public Works Department and consultants working for the City.
The grading plan has been reviewed by the Public Works Department and found to be in compliance with City requirements and professional standards. A final, detailed grading plan will be reviewed and approved by the Public Works Department prior to building permit issuance.
There are no known geological hazards on site or in the immediate neighborhood of the subject property. Unless an exception is granted, grading is limited to the drier season (April 15- November 14), which also serves to prevent erosion; however, the Department of Public Works will require the applicant to adhere to specific best management practices (BMPs) to avoid air and 140
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water quality impacts. Findings for approval of the Grading Plan have been included in Attachment
1. Tree Removal & Replacement
The applicant’s consulting arborist (Monarch Consulting Arborists) surveyed 23 trees proposed for removal within the project area and prepared a report in May 2023. Of the 23 trees surveyed, three are considered protected by City Code Chapter 25. The arborist report and the plans submitted as part of the project indicate that the trees proposed for removal are directly impacted by the project construction. The applicant proposes a significant number of replacement plantings, including 24 street trees and 14 trees within the third-level outdoor amenity area of the building.
In determining whether to approve the Tree Removal Permit, the Planning Commission is limited to considering the objective criteria for removal of protected trees. The discretionary criteria may not be considered for this application. These criteria supporting tree removal is provided in the attached resolution (see Attachment 1).
Transportation Demand Management
The City has adopted a points-based Transportation Demand Management (TDM) Program to help address transportation-related impacts of new development by requiring projects to provide features and amenities that will foster a better pedestrian/bicycle environment, support transit, and make it easier and more appealing for residents, employees, and visitors to use alternatives to driving or driving alone.
A TDM Program has been submitted by the applicant as part of the project and is included in Attachment 5 (available online). Residential land uses whose size is greater than 50 units are required to achieve a minimum of 12 points. The project is expected to achieve 12 points through identified TDM measures to reduce single occupant vehicle trips, including providing residents and workers with access to free transit passes (i.e., Clipper Card), secure bicycle parking, and rideshare matching services. The proposed TDM Program trip reduction measures were evaluated by City staff and consultants and found to be consistent with City policies. The findings for approval of the TDM Program are included in Attachment 1.
Vehicle Parking
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. A development project, for the purposes of this bill, includes any project requiring a discretionary entitlement or building permit to allow the construction, reconstruction, alteration, addition, or change of use of a structure or land.
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.
A parking analysis is included as information for the Planning Commission and public even though it does not apply.
The residential parking standards, as defined in Zoning Ordinance Section 31.6, Table 31-4, require the following minimum parking spaces per unit: studios, 0.5 spaces; one-bedroom units, 1 space; and two-bedroom units, 1.5 spaces. This equates to a minimum requirement of 138 spaces 141
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for the project. Although the applicant is not required to meet the City’s vehicle parking minimums, the application includes 138 spaces, which complies with the Zoning Ordinance.
Transportation
A comprehensive Transportation Analysis was prepared for the project by Hexagon Traffic Consultants and peer reviewed by the City’s consultant. The Transportation Analysis includes an evaluation of potential traffic impacts, as well as the TDM Plan. The trips generated by the existing buildings on the site were estimated based on driveway counts conducted in January 2024. The proposed project trip rates are based on trip generation rates recommended by the Institute of Transportation Engineers (which is the industry standard). The project is estimated to generate 129 fewer net daily trips, with 17 fewer trips during the AM peak hour and 59 fewer trips during the PM peak hour. In other words, the proposed residential development is anticipated to generate less trips than the existing commercial center.
Geotechnical
The applicant submitted a preliminary geotechnical investigation for the project. The report was peer-reviewed by the City’s Geotechnical Consultant, Atlas Technical Consultants LLC (Atlas).
Atlas commented that the preliminary report is in effect a feasibility geotechnical investigation for the project and is to be followed by a design-level geotechnical study once more specific project details have been defined. The design level report is expected to include additional field investigation, including soil sampling and testing in order to define and characterize in greater detail the subsurface conditions and engineering properties to more closely determine the effect of the aforementioned geotechnical considerations on the design of the project, as well as develop the geotechnical design criteria for the project foundation design as well as site grading, pavement and other project aspects. Atlas recommends geotechnical approval of the application with conditions of approval, which have been included.
ENVIRONMENTAL REVIEW
The project is being processed “by right” as defined in Government Code Section 65583.2(i), as it meets the following criteria: at least 20 percent of the units are designated as affordable to lower income households as defined in Government Code Section 65584; and the project is proposed wholly on a property that is identified in the 2023-2031 Housing Element for by right processing.
Per State law, CEQA does not apply to this project.
CONCLUSION
As previously discussed, the proposed housing development qualifies for by-right processing, without requiring discretionary approval, as required by Government Code Section 65583.2(c).
The project must be evaluated based solely on objective development standards. The project has been reviewed and found to be consistent with all applicable objective development and design standards identified in the Belmont Village Specific Plan and Zoning Ordinance, and other applicable City policies, except for those standards waived through the Density Bonus process.
Based on the foregoing analysis, staff recommends the Planning Commission take the following action:
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Adopt a resolution approving the requested by right entitlements: Design Review, Grading Plan, Tree Permit, Affordable Housing Plan, Density Bonus, Transportation Demand Management Program, and State Density Bonus.
ATTACHMENTS
1. Resolution
Exhibit A: Conformance with General Plan and Belmont Village Specific Plan Exhibit B: Conditions of Approval
2. Development Standards Evaluation
3. Affordable Housing Plan Evaluation
Exhibit A: Applicant Supplied Materials
4. Project Plans (accessed via www.belmont.gov/developmentprojects)
5. Transportation Analysis Report including Transportation Demand Management Plan (accessed via www.belmont.gov/developmentprojects)
6. 300/500 Foot Radius Map
Respectfully submitted,
________________________ ____________________________
Laura Russell Rob Gill
Deputy Community Development Director Senior Planner
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1 RESOLUTION NO. 2025-18
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT
APPROVING A BY RIGHT APPLICATION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65583.2(c) AND 65583.2(i) FOR DESIGN REVIEW, GRADING PLAN,
TREE REMOVAL PERMIT, AFFORDABLE HOUSING PLAN, TRANSPORTATION
DEMAND MANAGEMENT PLAN, AND STATE DENSITY BONUS TO ALLOW FOR CONSTRUCTION OF A 140 UNIT APARTMENT DEVELOPMENT AT 500 AND 580 MASONIC WAY (ASSESSOR’S PARCEL NUMBER: 040-315-010) (APPL. NO. PA2023-032).
WHEREAS, Prometheus Real Estate Group, applicant, requests approval of entitlements for construction of a 140-unit project comprised of market rate and affordable housing units across four lots that will be merged into a single lot for a total site area of 1.24 acres at 500 and 580 Masonic Way (Assessor’s Parcel Number: 040-315-010) (APPL. NO. PA2023-032); and, WHEREAS, the project is in the Belmont Village Specific Plan area, adopted by the City of Belmont on November 14, 2017, which outlines future growth for the project site; and, WHEREAS, the project site is identified in the Belmont Housing Element (2023 - 2031) as a Housing Opportunity Site subject to by-right processing under California Government Code Section 65583.2(c) if the project includes twenty percent low income housing units; and, WHEREAS, the project is subject to by right processing under Government Code Section 65583.2(i) so the California Environmental Quality Act (CEQA) does not apply to the project; and, WHEREAS, on August 19, 2025, the Planning Commission, following notification in the prescribed manner, conducted a public meeting, at which time the Commission considered public comments and a staff report on the aforementioned requested entitlements; and, WHEREAS, the Planning Commission hereby adopts the staff report dated August 19, 2025, and the facts contained therein as its own findings of facts; and, WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony herein above set forth.
NOW, THEREFORE, the Planning Commission of the City of Belmont resolves as follows:
SECTION 1. The Planning Commission finds that the project at 500-580 Masonic Way is consistent with the 2035 General Plan and the Belmont Village Specific Plan as described in the staff report dated August 19, 2025 and Exhibit “A”.
SECTION 2. The Planning Commission makes the following findings for the by-right review of the requested Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus. Subjective findings are not being considered by the Planning Commission in compliance with Government Code Section 65583.2(i). Subjective findings are included in strikethrough and no rationale for whether the finding can be made is included.
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2 Design Review
The Planning Commission finds that neither of the findings set forth in Section 13.5.1 of the Belmont Zoning Ordinance (BZO) for denial of the project can be made in the affirmative, as follows:
(1) The project does not comply with all applicable objective general plan, zoning, subdivision and development standards including objective design review standards.
Except for development standards that have been waived according to State Density Bonus law (Height, Bulk, and Street Wall Height Standards), the project would be consistent with all applicable objective development and design standards identified in the BVSP and the BZO. Specifically, the project would be consistent with all of the following objective standards:
• Setbacks
• Landscaping / Number of Trees & Water Efficiency in Landscaping (WELO) • Lot Coverage
• Full Cut-off Lighting
• Minimum Ground Floor Height
• Vehicle & Bicycle Parking
• Limit on Blank Walls
• Color & Material Variation
• Building Module Standards
• Open Space / Outdoor Area Per Unit
• Trash and recycling areas covered and screened
• Roof-top mechanical equipment screened
Therefore, Finding # 1 cannot be affirmed.
(2) The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density.
No specific, adverse impacts to public and health and safety have been identified for the project as defined in Government Code Section 65589.5(j). There are no significant, quantifiable, direct, and unavoidable impacts, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. City staff and consultants have provided technical review, and conditions of approval are included, as applicable, regarding project-related traffic, parking, grading, drainage, storm-water runoff, sanitary sewer impacts, vehicular and pedestrian access, site circulation, site stability, structural encroachments, and construction impacts. Therefore, the project would not result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density and Finding # 2 cannot be affirmed.
Grading Plan
The Planning Commission finds that the grading plan meets the required objective findings set forth in Section 9-27(a)-(h) of the City of Belmont Municipal Code (Grading), as follows:
a) The project will not endanger the stability of the site or adjacent properties or pose a significant ground movement hazard to adjacent properties. 145
3 The City's Building Division and Public Works Department have reviewed the grading plans for the project and have determined that the plan is in conformity with the Building Code and the City of Belmont Grading Ordinance (Chapter 9 of the City Code). In addition, the City’s standard requirements require the preparation of a site-specific geotechnical investigation, independent peer review of the investigation and incorporation of the findings of the independent peer review into the project design.
The City’s consultant geologist prepared an independent peer review of the geotechnical investigations proposed as part of the project and recommends that a design level geotechnical study be provided by the applicant and reviewed by the City’s geotechnical consultant for concurrence. The City’s consultant geologist further recommends, and is standard practice, that the project geotechnical consultant shall review all plans, field work and conditions to assure that the project is built to specifications. The project geotechnical reports and the City’s independent peer review requirements will, as a matter of grading and building permit procedures, be required of the project as conditions of project approval.
Based on reviews by City departments and the City’s geotechnical consultant to assess site stability, no immediate safety concerns or hazards have been identified for the subject site or adjacent properties. Therefore, as proposed and conditioned, the project will not endanger the stability of the site or adjacent properties or pose a significant ground movement hazard to adjacent properties. This finding is affirmed.
b) The proposed drainage improvements, landscaping, and erosion control measures would be adequate to control erosion or flooding and would not degrade riparian habitats, stream channel capacity or water quality.
There are no streams or rivers on the site. The applicant has submitted a C-3 Checklist, hydrology study, and landscaping, grading, and drainage plans. The submitted materials identify appropriate methods to treat drainage from the site and comply with written City standards and standards of the Municipal Regional Permit for stormwater pollution prevention. Detailed working drawings with stormwater measures will be required to be submitted for review and approval as part of the building permit application process. The project complies with written standards for drainage and erosion control and this finding is affirmed.
c) The amount of grading proposed is necessary to allow reasonable use of the site. d) The proposed grading would result in a building site that is visually compatible with the surrounding land and accommodates any required off-street parking and wall landscaping. e) The proposed grading will meet the standards and specifications of Article IV of Chapter 9 in the City Code (Grading Ordinance).
Conditions of approval have been required for the project to ensure that the final grading plan for the project will meet all of the standards contained in Article IV of Chapter 9 of the City Code (Grading Ordinance). This finding is affirmed.
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4 f) The Director of Public Services and the applicant’s Geotechnical engineer shall find that the form of vehicular access and methods of excavation are the simplest and least intrusive possible to obtain the geologic information required by the city. g) The grading permit is conditioned on issuance of a hauling permit, if required.
Per the conditions of approval, a hauling permit will be required in association with the Grading Permit for this project. This finding is affirmed.
h) The design of the project preserves existing protected trees on the site and trees on adjoining property to the extent possible.
Tree Removal Permit
The applicant is seeking to remove three protected trees as part of the project, which requires a Tree Removal Permit under Section 25-5 of the Belmont City Code. The criteria for approval of a Tree Removal Permit set forth in Section 25-7 (b)-(c) is included below. It requires balancing of the criteria by the decision-making body, which is not allowed for a by-right application. The Planning Commission is considering only the objective criteria.
(1) Criteria Supporting Removal (2) Criteria Supporting Retention (A) The tree is: (i) in poor condition; (ii) at the
relative end of its life span of the particular
species; (iii) diseased or infested beyond
reasonable remediation; (iv) has poor structural
integrity; (v) is in danger of falling; or, (vi)
poses a safety hazard.
(B) The particular tree species is undesirable
due to characteristics such as invasiveness,
tendency toward limb failure, and fire hazard.
(C) The tree is damaging or interfering with
existing structures, site improvements, or utility
services.
(D) Removal of the tree is needed in order to
construct improvements or otherwise allow
conforming use of the property.
(E) Proximity of the tree to existing or proposed
structures.
(A) The tree is located outside of the
developable area of the property.
(B) The tree and its location contribute
substantially to the aesthetic appeal of the
property or the neighborhood.
(C) The effect of the requested tree removal
on the remaining number, species, size and
location of existing trees on the site and in the
area, including trees mutually dependent on
each other for survival, structural integrity or
aesthetics
The Planning Commission finds that the arborist report and site plans submitted as part of the project indicate that the trees proposed for removal are directly impacted by the project construction and/or have low suitability for preservation with conforming use of the property. As such, the trees proposed 147
5 for removal comply with criteria D. The submitted landscape plans satisfy the City Code requirement (Section 25-7 (d) (1)) for replacing protected trees at a 1:1 ratio, by proposing the planting of 24 street trees and 14 trees in the outdoor amenity area on the 3rd level of the residential project. The species of the replacement trees will comply with City policies, including the Street Tree Master Plan. This finding is affirmed.
Affordable Housing Plan
The Planning Commission finds that the project’s Affordable Housing Plan meets the required findings in Belmont Zoning Ordinance Section 29.6 (b) (1-3), as follows:
(1) Affordable units must be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities must equal those provided in the base model market-rate units.
The exterior appearance of the affordable units is consistent with the market rate units, as depicted on the Elevation Plans (Sheets A2.1 through A2.2) of the project. It is not possible to verify interior finishes and amenities at this time. A project condition of approval will require verification of interior finishes at time of building permit review and after construction of the project (prior to certificate of occupancy). This finding is affirmed.
(2) The number of bedrooms in the affordable units must be comparable to the average number of bedrooms in the market-rate units, and the affordable units must be reasonably dispersed within the residential project, with unit locations comparable to those of the market-rate units, or, subject to the approval of the community development director, may be clustered within the residential project when this furthers affordable housing opportunities.
The 25 affordable units are proportional to the overall project bedroom count as demonstrated in the table below:
Unit Type Number
of Units
Unit Type
Percent
of Total
Expected Affordable
Units
Proposed
Affordable
Units
Studio 39 27.86% 25 x 27.86% = 7 7
1 Bedroom 68 48.57% 25 x 48.57% = 12 12
2 Bedroom 33 23.57% 25 x 23.57% = 6 6
Total 140 100% 25 25
The affordable units are reasonably dispersed within the residential project as depicted on sheet E2.0 of the project plans. The affordable units are dispersed across the first through fourth floors. The units include both exterior facing and interior facing units across multiple floor plan types. This requirement will be enforced through the Affordable Housing Agreement, which is required by a condition of approval. This finding is affirmed.
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6 (3) The affordable units must have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential project.
Each affordable unit features a private patio or balcony. In addition, the affordable units will have the same access to amenities as the market rate units, including the same access to and enjoyment of common open space, parking, and other facilities in the residential project. This requirement will be enforced through the Affordable Housing Agreement, which is required by a condition of approval.
This finding is affirmed.
Transportation Demand Management (TDM)
Per Belmont Zoning Ordinance Section 31.7.6, the Planning Commission makes the following findings on the objective portions of the criteria for the transportation demand management plan:
(a) The proposed trip reduction measures are feasible and appropriate for the project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation; The proposed TDM Program trip reduction measures were evaluated by City staff and consultants and found to be consistent with the numeric standards of the City Transportation Demand Management Program Report and Guidebook. The TDM Plan includes measures that are commonly applied to a multi-family use in proximity to public transportation (Caltrain station). This finding is affirmed.
(b) The proposed vehicle trip reductions will ensure that the performance targets of this section will be achieved and maintained.
The Transportation Demand Management (TDM) Program Report and Guidebook establishes a target of 15% reduction in per-capita vehicle miles traveled (VMT) for new projects which is achieved by selecting from a range of measures that are awarded points in the TDM Report and Guidebook. The applicant’s TDM Plan achieves 12 points, which complies with City policy. Conditions of approval are included to implement the trip reduction measures. This finding is affirmed.
Density Bonus Law
Density Bonus
The applicant is entitled to a density bonus in accordance with Government Code Sections 65915(f) as follows:
• The applicant proposed 15% very low-income units, entitling the project to a 50% density bonus • The applicant proposed 15% moderate-income units entitling the project to an additional 50% density bonus
There are no numeric standards for density in the subject VSC District (i.e. dwelling units per acre) and the project is entitled to a 100% increase in floor area ratio (FAR) to construct additional market rate units. The proposed project includes a total of 140 units, inclusive of 70 Density Bonus Units and 25 Affordable units.
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7 Waivers
There is no limit on the number of zoning waivers that may be requested or granted. The proposed project includes three zoning waivers as follows:
• Height: The base height standard for the BVSP’s Station Core district and the VSC zoning district is a maximum of 45 feet, and up to 60 feet with community benefits. To accommodate the 100% density bonus granted under State Density Bonus Law, the additional 15 feet in height is required. Without the additional height, the additional units cannot fit within the base 45-foot height limit within the maximum allowable floorplate of the site’s physical constraints. The project building’s roofline will be 60 feet. No non-habitable building features will exceed eight feet.
o The development standard referenced would physically preclude development of the Project if the waiver was not allowed.
o The proposed height of the building is required to accommodate the 140-unit project. • Bulk: The Development Standards for the VSC district require that the third story floorplate is not larger than 85% of the first floorplate, and that the fourth story maximum floorplate is 70% of the first story floorplate. To accommodate the 100% density bonus granted under State Density Bonus Law, additional bulk for the fourth and fifth stories is required. The proposed bulk at the fourth and fifth stories will be 78% of the first floor footplate. Without the additional bulk, the additional 100% density bonus units would not fit. o The development standard referenced would physically preclude development of the Project if the waiver was not provided.
o Any required setbacks on the upper floors would not allow for the current volume of the building and therefore prevent the total units proposed which includes the affordable units included in the Project. Diagrams are shown on sheet G2 of the development plans. o In mathematical terms, the base project includes three residential floors of an average 23.3 units per floor. A 100% density bonus is equal to an additional 70 units, or three additional full floors equivalent of units.
• Street Wall Height Standards: Table 4-4 of BVSP and Section 31.3 of the BZO supports a two story minimum, three story maximum building. In the areas of the building where the building wall height standards are not met, a waiver is requested. o To accommodate the 100% density bonus granted under State Density Bonus Law, the Project must exceed the street wall height standards as depicted on sheet G1.8 of the development plans. Without exceeding the wall height standards, the additional 100% bonus units would not fit.
Government Code Section 65915(e)(1) specifies that local jurisdictions shall grant the waivers requested by the applicant unless the jurisdiction can make a written finding of any of the following:
• The waiver would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. • The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
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8 • The waiver would be contrary to state or federal law.
The project has been reviewed for consistency with applicable City policies to protect the public health and safety. All applicants for development projects are required to agree to the mitigation measures identified in the General Plan EIR, including the policies, programs and implementation measures within the General Plan and the Belmont Village Specific Plan that are designed to avoid, reduce or eliminate significant environmental impacts. Applicants must also agree to standard development requirements and the standard Conditions of Approval that implement policies and mitigation measures to reduce environmental impacts. Based on this review and the implementation of all appropriate standard Conditions of Approval, no significant adverse impacts were identified for the project. The project does not have an adverse impact on any real property that is listed in the California Register of Historic places. No violations of state or federal laws have been identified for the project. Therefore, the findings cannot be made, and the waivers are granted.
SECTION 3. The Planning Commission approves the by-right application for Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus subject to the conditions of approval in Exhibit “B”. * * * * * * * * * * * * * *
Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont held on August 19, 2025 by the following vote:
AYES,
COMMISSIONERS: Adamkewicz, Kramer, Kulich, Twigg, Jadallah NOES,
COMMISSIONERS: Majeski
ABSENT,
COMMISSIONERS: None
ABSTAIN,
COMMISSIONERS: None
RECUSED,
COMMISSIONERS: None
Carlos de Melo
Planning Commission Secretary
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1 Exhibit “A”
General Plan and Belmont Village Specific Plan (BVSP) Consistency Analysis General Plan and BVSP Land Use Goals and Policies
GP Goal 2.3 Provide balanced neighborhoods
with a variety of housing types and density
ranges to meet the diverse demographic,
economic, and social needs of residents, while
ensuring a cohesive urban form and regard for
compatibility with surrounding uses and
existing residential development.
The project helps create and enhance a
complete neighborhood in the City of Belmont
by integrating higher density residential
housing in a well-resourced area nearby
transit. The project would develop 140 units
of high-density housing within in proximity to
commercial services and transit. The project
would be located in an already developed area,
where it can be served by existing public
services and infrastructure. The project
enhances the Belmont Village area by
developing a housing project with a range of
unit types to serve a range of households.
Specifically, the project includes 39 studios, 68
one-bedrooms, and 33 two-bedroom units. The
proposed development would consist of a fivestory, multi-family residential building incorporating contemporary style architecture.
The scale and mass of the building would be
consistent with the development standards, and
objective design requirements outlined in the
Belmont Village Specific Plan (BVSP) and
Zoning Ordinance, except where waivers are
requested consistent with State law. The
project provides a mix of market-rate and
affordable housing units, including 11 units for
very low-income households, 3 units for lowincome households, and 11 units for moderate income households. The project also includes
enhanced sidewalk widths and street trees as
required by the BVSP.
BVSP Goal 2.3 Provide a variety of housing
types to accommodate different types of
households, different income levels, different
age groups, and different lifestyles.
GP Policy 2.3-1 Encourage the provision of
lower- and moderate-income housing to meet
the objectives of the Housing Element.
GP Policy 2.3-2 Encourage higher density
residential uses located in proximity to
commercial services, employment
opportunities, and major transportation
corridors and facilities.
GP Policy 2.3-4 Focus new development in or
directly adjacent to already-developed areas,
where it can be served by existing public
services and infrastructure.
GP Goal 2.5 Enhance the Belmont Village
Priority Development Area and develop a
distinct identify for the area as Belmont’s
vibrant town center for residents and visitors
with commercial, residential, dining, civic,
cultural, and entertainment activities.
GP Policy 2.5-3 Implement the Belmont
Village Specific Plan as the guide for land use
planning, design, streetscape, and public
improvements in the Belmont Village Priority
Development Area.
GP Policy 3.5-4 Design sidewalks to comply
with requirements set in the Belmont Village
Specific Plan within the plan area.
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2 General Plan Housing Element 2023-2031
Pending Projects: page 6-5 to 6-6 The project is included in the list of Pending Projects as a location where multi-family
development is expected during the 2023-2031
timeframe. The Housing Element anticipated
11 very low-income units, 11 moderate income
units and 117 market rate units, for a total
project size of 139 units. The proposed project
includes 11 very low-income units, 3 lowincome units, 11 moderate income units and 115 market rate units, for a total project size of
140 units. Therefore, the proposed project
includes more affordable units than was
anticipated in the Housing Element. This
calculation meets the City’s obligation to
monitor development projects to ensure
sufficient residential capacity to accommodate
the RHNA per Housing Element Program
H1.1.
Goal H1: Produce new housing at all income
levels, with a focus on Affordable Housing.
The project supports the goal to produce new
housing at all income levels, helping to fulfill
the City's housing needs allocation (RHNA) as
identified in the adopted 2023-2031 Housing
Element (see BVSP Goal 2.3 & GP Policy 2.3-
1). The project includes a variety of residential
unit types (Studio, 1 and 2 bedroom) and sizes
to accommodate the varied housing needs of
diverse households.
Policy H1.A: Provide adequate capacity to
meet the Sites Inventory for Regional Housing
Needs Allocation (RHNA).
Policy H1.B: Encourage a range of both
market-rate and affordable housing in a variety
of unit sizes and types to accommodate the
varied housing needs of diverse households
Goal H1: Produce new housing at all income
levels, with a focus on Affordable Housing.
Program H1.4: Establish By-Right Housing
Designation for Prior Housing Sites. Designate
housing sites that have carried over from the
prior Housing Element to allow housing
development by-right consistent with State
law.
In 2024 The City amended its Zoning
Ordinance to include by-right processing
consistent with State Law. The project site was
included in the previous Housing Element
(2015-2023) and included in the current
Housing Element (2023-2031) and meets the
additional legal criteria. The project site is
therefore subject to by right processing, which
means the jurisdiction shall not require a
conditional use permit or other discretionary
approval.
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3 General Plan Circulation Element (Transportation)
GP Goal 3.6 Promote Transportation Demand
Management Programs (TDM) and encourage
increased transit use through convenient, safe,
efficient, and cost- effective services.
The City has adopted a citywide TDM
program. A TDM is proposed with the project,
which would discourage the use of singleoccupancy vehicles as resident’s primary mode, especially for commuting, and
transition residents into other transportation
modes including transit, bicycling, carpooling,
and walking. Proposed measures to augment
travel habits include providing residents:
information on commute alternatives, transit
passes (e.g., Clipper Card) ride share
coordination, bicycle parking, etc.).
Policy 3.1-5 Require new development and
redevelopment projects to construct or pay
their fair share toward improvements for all
travel modes to provide and enhance
connectivity to existing transportation
facilities
The project includes public improvements
along all street frontages (i.e., wide sidewalks,
and street trees) that are consistent with the
adopted Complete Streets policies to promote
the development of public transit, bicycle, or
pedestrian facilities, and increase use of these
facilities. The project developer would pay for
these proposed improvements. Additionally,
the applicant will pay Transportation Impact
Fees to mitigate their fair share of future
transportation improvements.
Policy 3.1-5 Ensure that major new
development is adequately served by transit.
The project site is located within 0.5 mile of
the Belmont Caltrain station and within close
proximity of SamTrans bus stops on Ralston
Avenue.
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1 Exhibit “B”
Conditions of Approval for the 500-580 Masonic Way Project APN: 040-315-010
Application Number: PA2023-0032
These Conditions of Approval apply to the City approval of the following entitlements requested by Prometheus Real Estate Group, the Applicant for the 500-580 Masonic Way Project: By-Right Processing of Design Review, Grading Plan, Tree Removal Permit, Affordable Housing Plan, Transportation Demand Management Plan, and State Density Bonus pursuant to Government Code §65915.
I. COMPLY WITH THE FOLLOWING CONDITIONS OF THE COMMUNITY DEVELOPMENT DEPARTMENT:
Planning Division
1. Indemnification. Land Owner hereby agrees to and shall indemnify, defend, and hold harmless City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers, and representatives (collectively, for the purposes of this condition, "City") from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage) and from any and all third party claims, demands, and actions in law or equity (including attorneys' fees and litigation expenses) directly or indirectly arising or alleged to have arisen out of or in any way related to: (a) the approval of the City Approvals; (b) any development or use of the Property under the City Approvals; and (c) any actions or inactions by the Land Owner or its contractors, subcontractors, agents, or employeesin connection with the construction or improvement of the Property and the Project as defined in the development agreement; excepting to the extent arising from the intentional acts or willful misconduct of City, its elected and appointed representatives, officers, agents, employees, contractors or subcontractors.
This indemnification and hold harmless agreement apply to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this condition, regardless of whether or not City prepared, supplied, or approved plans or specificationsforthe Property, but does not apply to damages and claimsfor damages caused by City with respect to public improvements and facilities after City has accepted maintenance responsibility for them.
2. Except as modified by these conditions of approval, or as required by subsequent project review, the Building Permit Plans shall be consistent with the approved Planning Plans, with a revision date of December 20, 2024 and inclusive of the architectural drawings (Sheets A1.0 through A5.3); Civil Engineering Plans (Sheets C1.0 through C7.0); Landscape Plans (Sheets L1.0 through L1.9), and Lighting Plans (Sheets LT1.1 through LT.1.2).
3. The applicant shall demonstrate that the apartment building is consistent with the maximum floor area and height (per zoning standards, incentives and approved density bonus waivers), 155
2 prior to final building permit inspection. As built, floor plans and a roof height elevation from an engineer or surveyor that includes roof top equipment and screens shall be provided.
4. Ground Equipment Screening. All exterior trash, recycling, and storage utility boxes, and electric and gas meters must be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). Said screening must incorporate the same architectural design, colors, and materials as the main building on site.
5. The plans submitted for a Building Permit shall include: a) a plan sheet that includes all project conditions of approval; b) boxed-out floor plans demonstrating that the apartment building would not exceed the maximum floor area permitted for the project; c) individual floor plans for each of the unit types and sub types (studio, one-bedroom, and two-bedroom); and d) floor plans for each level of the building that include a numbering and lettering system identifying each of the types of units and a table reflecting the total number of units in each category.
6. Exterior building materials shall be consistent with Elevation Drawings (Sheet A2.1 through A2.3) and submitted color and materials (Sheets A4.1 and A4.2), dated December 20, 2024, except for minor modifications approved by the Community Development Department, or as modified via an approved Design Review Amendment.
7. Fees. The applicant/developer must pay all applicable regulatory, connection, and impact fees, in accordance with Government Code Section 65589.5(o), and as specified by each respective City Ordinance or the City's Master Fee Schedule, as follows:
a) Transportation Impact Fees (TIF) - the current fee for the project per the City's Master Fee Schedule is $6,201.01 per unit for multi-family development. Fees will be adjusted to the most current adopted fee schedule in effect at the time of building permit issuance.
If the applicant elects to defer payment of fees until after building permit issuance, the applicant shall enter into a post-permit fee agreement with the City of Belmont and file the agreement with the San Mateo County recorder prior to building permit issuance.
Fees must be paid prior to Temporary Certificate of Occupancy or Certificate of Occupancy, whichever occurs first.
b) Park Improvement Impact Fees - the current fee for the project per the City's Master Fee Schedule is $9,856 per unit for multi-family development. Fees will be adjusted to the most current adopted fee schedule in effect at the time of building permit issuance. If the applicant elects to defer payment of fees until after building permit issuance, the applicant shall enter into a post-permit fee agreement with the City of Belmont and file the agreement with the San Mateo County recorder prior to building permit issuance. Fees must be paid prior to Temporary Certificate of Occupancy or Certificate of Occupancy, whichever occurs first.
c) Building Permit & Plan Check Fees – based on building valuation. The current fees may be calculated using the adopted FY 2024-25 fee schedule located on the Finance page of the City’s website. Fees will be adjusted to the most current adopted fee schedule in effect at the time of payment. Plan check fees must be paid at the time of building permit application. Building permit fees must be paid prior to building permit issuance. d) General Plan Maintenance Fee - 0.75% of Building Valuation. Must be paid prior to building permit issuance.
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3 e) Sewer Connection Fees - $12,024.81 per unit for multi-family development. Fees will be adjusted to the most current adopted fee schedule in effect at the time of payment. Must be paid prior to building permit issuance.
8. TDM Program. The applicant shall demonstrate compliance with both the County of San Mateo (CCAG) and the City of Belmont’s TDM programs by submitting a completed TDM application form (available on the City website) which will be subject to review and approval by the Department of Public Works. The applicant shall implement the TDM program as described in the approved TDM Plan prepared by Hexagon Transportation Consultants. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule. In addition, the following is required:
a) The Applicant, using the adopted TDM program, shall provide a tally of how many points and under which categories the project will be achieving TDM measures. b) The Applicant shall implement the TDM measures identified in the final approved Transportation Analysis. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule. c) The TDM program shall be evaluated annually to assess the actual level of trip reduction achieved at the site and to identify any adjustments to the program necessary to ensure the TDM measures are successful. Consistent with common traffic engineering data collection principles, trip generation shall be monitored annually by means of AM and PM commute hour driveway counts. The counts shall be conducted between 7:00 AM and 9:00 AM and between 4:00 PM and 6:00 PM one day per year on a typical weekday (Tuesday, Wednesday, or Thursday) during the fall when school is in session.
Mechanical tube counts, hand counts, or video counts may be used. The peak 60-minute period should be calculated for each two-hour traffic count period. d) An annual resident survey should be conducted to determine transportation mode choice (i.e., drive alone, carpool, bus, Caltrain, etc.). The site TDM coordinator shall work with an independent consultant to obtain traffic count data, implement the annual commuter surveys and document the results in a TDM monitoring report) The annual monitoring report shall be submitted to the Public Works Director or citywide TMA by the TDM coordinator. The data shall be reviewed by the City to assess whether the goal of a 15% trip reduction is being met.
e) In addition to the annual monitoring reports, a five-year review shall be conducted to evaluate the overall effectiveness of the TDM measures. If the city determines that the trip reduction goal is not being achieved, additional TDM measures may be implemented. Modifications to the TDM plan may include additional programs or services listed in the City of Belmont’s TDM program or otherwise available for achieving vehicle trip reductions.
f) The annual TDM monitoring report shall describe any planned modifications to the TDM program intended to ensure compliance with the trip reduction targets established for this project.
9. The applicant shall obtain Sign Program approval under Zoning Ordinance Section 23.10.02 (C), before the installation of any non-exempt signage on site.
10. Final details for the installation of public streetscape improvements (i.e., specific design of all proposed street furniture, ADA-compliant decorative tree grates, paving color/material lighting 157
4 standards, etc.) shall be consistent with the December 20, 2024 project plan set and the Belmont Village Specific Plan Streetscape Design Guidelines and approved by the Community Development Department in consultation with the Public Works and Park and Recreation Departments, prior to their installation.
11. All public improvements (frontage, streetscape, landscaping, lighting, public plaza, short term bicycle parking, and areas open to the public) shall be installed or constructed, prior to final Building Permit inspection.
12. Affordable Housing. The applicant shall record the fully executed Affordable Housing Agreement after approval of the project. Conformed copies of the recorded agreement shall be provided to the City Attorney and Community Development Department, prior to issuance of a building permit. The Affordable Housing Agreement shall incorporate the standards of the approved Affordable Housing Plan, including but not limited to:
a) Affordable housing shall be provided in accordance with the approved Affordable Housing Plan, including the number, location, level of affordability, and type of units.
Minor amendments to unit location and type may be approved by the Community Development Director.
b) Interior finishes and amenities of the affordable units shall be equal to those provided in the base model market-rate units. A Planning inspection verifying interior finishes in the affordable units shall occur after construction of the project, and before issuance of a certificate of occupancy.
c) Affordable units shall be provided equal access to project parking, and on-site amenity areas.
13. All exterior lighting shall employ the use of cut-off fixtures to restrict the direction of the light in accordance with City standards. Lighting should be the minimum required forsafety, but not result in undue glare off site. There shall be no floodlighting of landscape plantings, the apartment building, courtyards, or patios/decks. To ensure consistency with city standards for lighting and compliance with the submitted photometric plan, a final lighting review shall occur after installation of project lighting and before final Building Permit inspection.
14. Installation of roof mounted mechanical equipment shall be consistent with Elevation Drawings (Sheet A1.6) and Sections (Sheet A3.1) dated December 20, 2024. Roof mounted equipment shall be placed behind roof screens so as not to be visible from surrounding vantage points at or below the highest point of the equipment.
15. Interior & Operational Noise
a) Prior to issuance of a Building Permit, the project noise consultant shall certify in writing that the submitted Building Plans include all required noise reduction recommendations specified in the project noise analysis (i.e., construction methods, increased insulation, noise baffling, etc.) to reduce interior noise levels below the City and State level of 45 dB.
b) Final building plans shall include a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.
158
5 c) The Project Noise Consultant shall conduct an acoustic analysis of all mechanical and HVAC equipment proposed with the final building permit plans. The results of the analysis and design recommendations for compliance with the City’s Noise Ordinance shall be summarized by the Consultant in a letter submitted with the building permit plans. The consultant’s recommendations shall be incorporated into the building plans, prior to issuance of a building permit.
16. Construction Noise
a) The applicant shall ensure that the following preventative and monitoring measures are enforced during grading and building operations:
i. Conduct construction activity according to the City Noise Ordinance. ii. Schedule highest noise-generating activity and construction activity away from noise-sensitive land uses.
iii. Equip internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers which are maintained in good condition. iv. Prohibit and post signs prohibiting unnecessary idling of internal combustion engines.
v. Locate all stationary noise-generating equipment such as air compressors and portable generators as far as practicable from noise-sensitive land uses. vi. Utilize “quiet” air compressors and other stationary equipment where feasible and available.
vii. Designate a noise disturbance coordinator who would respond to neighborhood complaints about construction noise by determining the cause of the noise complaints and require implementation of reasonable measures to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site.
b) The applicant shall notify property owners within 300 feet of the project site two weeks prior to the initiation of construction activities on site. A schedule of construction activities, and a copy of the noise control plan shall be included with this notice. c) Prior to issuance of grading or building permits, the applicant shall demonstrate that a condition of contract of all contractors and subcontractors requires the use of internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers, which are maintained in good condition. d) Prior to issuance of grading or building permits, the applicant shall demonstrate that a condition of contract of all contractors and subcontractors requires the use of “quiet” air compressors and other stationary equipment. If the applicant demonstrates that the use of quiet air compressors and other stationary equipment is not feasible, moveable sound barriers or portable sound huts shall be used for noise mitigation.
17. Construction Vibration
a) Pursuant to the Municipal Code, restrict noise-generating construction activities to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and Holidays.
b) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers 159
6 that are in good condition and appropriate for the equipment. c) Prohibit unnecessary idling of internal combustion engines. d) Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses. Any enclosure openings or venting shall face away from sensitive receptors. e) Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
f) Utilize “quiet” air compressors and other stationary noise sources where technology exists.
g) Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
h) Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. i) Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences. j) Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
18. Geotechnical Conditions
a) Final Geotechnical Report – The geotechnical report shall be finalized based on peer review comments in the letter from Atlas Technical Consultants dated October 17, 2023.
The final report shall be submitted to the City for review and concurrence by Atlas, prior to issuance of any permits.
b) Geotechnical Plan Review - Before submittal to the City, the Project Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, building setbacks, site drainage improvements and design parameters for foundations, retaining walls and access driveway/garage) to ensure that their recommendations have been properly incorporated.
The consultant shall ensure that the geotechnical design recommendations comply with the most current seismic design parameters of the California Building Code. c) The results of the geotechnical plan review and updated geotechnical design recommendations shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the city for review and approval prior to issuance of building permits. d) Geotechnical Field Inspection – The geotechnical consultant should inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project should be described by the geotechnical consultant in a certification letter and submitted to the City Engineer for review prior to final 160
7 (granting of occupancy).
19. Construction & Operations
a) Pursuant to GP EIR Mitigation Measure AQ-1, the applicant shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine. ARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.
b) Pursuant to GP EIR Mitigation Measure AQ-2, the applicant shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as Diesel high performance renewable). Renewable diesel is currently commercially available in San Francisco Bay Area. c) Pursuant to GP EIR Mitigation Measure AQ-3, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction. d) Pursuant to GP EIR Mitigation Measure AQ-4, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas.
The following measures are based on BAAQMD’s current CEQA guidelines. i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and un- paved access roads) will be watered two times per day. ii. All haul trucks transporting soil, sand, or other loose material offsite will be covered. iii. All visible mud or dirt track-out onto adjacent public roads or sidewalks will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. Entry and exit from the site will use rock or rumble strips to prevent tracking. v. All vehicle speeds on unpaved roads, driveways, or driving surfaces shall be limited to 15 mph.
vi. All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
vii. Post a publicly visible sign with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the District will also be visible to ensure compliance.
e) Pursuant to GP EIR Mitigation Measure AQ-5, the developer(s) shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project sponsors shall work with the City 161
8 of Belmont to develop electronic correspondence to be distributed by email to new residential and commercial tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled landscaping equipment.
i. The applicant must require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by implementing following measures during construction related activities:
ii. Idling times must be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage must be provided for construction workers at all access points.
iii. All construction equipment must be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment must be checked by a certified mechanic and determined to be running in proper condition prior to operation. iv. The applicant must require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that paints and solvents have a VOC content of 100 grams per liter or less for interior surfaces and 150 grams per liter or less for exterior surfaces.
f) Pursuant to General Plan EIR Mitigation Measure AQ-6, the applicant shall prepare a project-specific health risk assessment (HRA), prior to issuance of a building permit. If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for sensitive receptors would be less than Bay Area Air Quality Management District (BAAQMD) project-level thresholds, then additional mitigation will be unnecessary. If the health risk exposure for sensitive receptors is greater than BAAQMD project-level thresholds, then the report must identify appropriate mitigation.
20. Sensitive Receptors
a) Pursuant to General Plan EIR Mitigation Measure AQ-6, the applicant shall prepare a project-specific health risk assessment (HRA), prior to issuance of a building permit. If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for sensitive receptors would be less than Bay Area Air Quality Management District (BAAQMD) project-level thresholds, then additional mitigation will be unnecessary. If the health risk exposure for sensitive receptors is greater than BAAQMD project-level thresholds, then the report must identify appropriate mitigation.
21. Cultural Resources
a) Prior to the start of construction, the applicant shall demonstrate that construction crews have proper training for the discovery, handling and retention methods for paleontological, archeological and/or cultural resources found at the project site. Project personnel should not collect cultural resources. Prehistoric resources include: chert, or obsidian flakes, projectile points, mortars and pestles, dark, friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include:
stone or adobe foundations or walls, structures and remains with square nails, and refuse deposits or bottle dumps.
b) In the event that paleontological, archaeological, and/or cultural resources are 162
9 encountered during construction activities, all construction activity within a 60’ radius of the find shall be halted, and the Community Development Director shall be notified; an archaeologist shall examine the find and make appropriate recommendations. A plan for the mitigation of impacts to the resources will be prepared and submitted to the City of Belmont for approval.
22. Human Remains
a) If any human remains are discovered or recognized in any location on a project site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
i. The San Mateo County Coroner/Sheriff has been informed and has determined that no investigation of the cause of death is required; and ii. If the remains are of Native Americanorigin:
• The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; or
• The Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission.
23. Nesting Birds
a) To minimize potential impacts on nesting raptors, the applicant shall either: 1) Avoid construction activities (i.e., tree removal, demolition, grading, and construction) during the active nesting season (between February 1 and August 31); or 2) Conduct preconstruction surveys for nesting raptors and provide appropriate buffer zones, if construction has the potential to impact nesting birds. b) Pre-construction surveys shall be conducted by a qualified biologist or ornithologist in order to ensure that no raptor nests will be disturbed during project implementation. This survey will be conducted no more than 15 days prior to the initiation of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the biologist will inspect all trees in and immediately adjacent to the impact areas for raptor nests. If an active raptor nest is found close enough to the construction area to be disturbed by these activities, the ornithologist, in consultation with the California Department of Fish and Wildlife Service, will determine the extent of a construction-free buffer zone to be established around the nest.
24. Bats
a) A qualified biologist shall visually inspect trees to be removed for bat roosts within 7 days prior to their removal. The biologist will look for signs of bats including sightings of live or dead bats, bat calls or squeaking, the smell of bats, bat droppings, grease stains, or urine stains around openings in trees or structures, or flies around such openings. Trees 163
10 with multiple hollows, crevices, forked branches, woodpecker holes or loose and flaking bark have the highest chance of occupation and shall be inspected the most carefully. b) If signs of bats are detected, CDFW should be contacted about how to proceed. Echolocation surveys may be needed to verify the presence of bats, or an exclusion zone around the occupied tree may be recommended until bats leave the roost. Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction.
25. Green House Gases
Pursuant to the General Plan EIR Section for Energy, Green House Gas (GHG), and Climate Change (Mitigation Measure AQ-2 and Action 5.10-3.a), the Land Owner shall demonstrate the following:
a) Applicant shall endeavor to acquire (source) a minimum of 10% of the construction materials from within 100 miles of the planning area.
b) A minimum of 50% 65% of the construction waste generated by this project shall be recycled or salvaged for use. Documentation shall be provided before the final building permit inspection. Sample forms located at www.hcd.ca.gov/CALGreen.html may be used to assist in documenting compliance.
c) Prior to issuance of a building permit, the applicant shall provide documentation (i.e., construction contracts or signed agreements) demonstrating that all contractors and subcontractors agree to operate all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of work on renewable diesel (such as Diesel high performance renewable).
26. Hazardous Materials
a) Site Management Plan (SMP): Prepare and submit an SMP to San Mateo County Environmental Health Service (SMCEH) for approval before building permit plan check. Submit a copy of the approved SMP and required conditions to the Community Development Department before building permit issuance. b) Hazardous Materials Survey & Abatement: Hire a qualified hazardous materials abatement specialist to: (a) Survey for hazardous materials (e.g., lead, PCBs, asbestos, mold, mercury) in existing structures prior to demolition; (b) Remove identified hazardous materials.
c) Health and Safety Plan (HSP): Submit an HSP per OSHA (29 CFR 1910.120) and Cal/OSHA (CCR Title 8, Sec. 1592) to the City Building Division, prior to demolition, grading, or building permits. Include HSP requirements as a plan sheet in your demolition/grading/building permit submittal.
d) Contractor & Worker Safety: Ensure all contractor documents specify SMP compliance.
Contractors’ employees with exposure risks must be trained and follow the contractor’s HSP, including personal protective equipment (PPE) use. e) Public Notification & Signage: Post signs on all site perimeters with project sponsor and environmental consultant contact info. Include a “visible dust alert” hotline monitored during construction hours. Prepare a construction schedule; mail and post the schedule 164
11 for all property owners/occupants within 300ft, at least two weeks before work starts.
Provide mailing proof to Planning Division.
f) Soil & Groundwater Management: Submit the SMCEH–Groundwater Protection Program (GPP)–approved soil and groundwater management plan to the City prior to demolition/grading/building permits. Attach approval letter and conditions to relevant plan sheets.
g) Construction Dewatering: Provide a temporary dewatering plan addressing methods for handling, testing, and disposal of construction water, per sanitary sewer or NPDES permit. Follow Silicon Valley Clean Water requirements for sewer discharge. h) Dust & Vapor Controls: Implement dust mitigation measures from the Dust and Vapor Control Plan (DVCP) during construction. Include DVCP measures in permit plans, keep copies onsite for inspection.
i) Stormwater Pollution Prevention: Submit a Stormwater Pollution Prevention Program (SWPPP) with grading permit application. Maintain compliance with STOPPP Best Management Practices during work.
j) Unanticipated Conditions: Include protocols for unexpected findings (as per SMP) in all grading/building permit plans.
k) Reporting: After completion, submit a comprehensive close-out report to the CUPA, including at a minimum: Soil disposal manifest/receipts, Groundwater discharge/permits, Laboratory reports, Soil gas sample results.
27. Airport Hazards
a) The project requires review by the Airport Land Use Commission prior to issuance of a building permit. The Community Development Department will prepare and submit the requisite application materials. The applicant may be asked to supply project specific data to assist in completing the application. The following conditions are typically applied by the Airport Land Use Commission:
• The applicant has an obligation to comply with the real estate disclosure requirements outlined in Overflight Policy 1of the San Carlos ALUCP. • The applicant shall provide evidence of a recorded ‘Overflight Notification’ on each residential parcel in accordance with Overflight Policy 2 of the San Carlos ALUCP. (An example for the Overflight Notification to be used to fulfill this condition is included in the amended San Carlos ALUCP, Appendix E, Exhibit E.
b) Applicant shall comply with all applicable requirements of the FAA, including but not limited to the requirements of the Determination of No Hazard issued for the project on March 2, 2024. At the time of building permit submittal, applicant must determine whether they are required to file FAA Form 7460-1 for construction equipment. In order to do so, the applicant must determine the maximum height of any cranes to be used during construction. The determination shall be submitted in writing.
28. Mid-Peninsula Water District (MPWD)
a) The applicant shall demonstrate that the final landscape plan has been reviewed and approved by the Mid-Peninsula Water District (MPWD) and is consistent with MPWD’s Water Efficient Landscape Ordinance (WELO), prior to installation of landscaping. A post installation certification from MPWD is also required prior to final building permit inspection. Contact the MPWD Water Conservation Administrative Specialist at (650) 165
12 591-8941 or [email protected] for more information.
29. School Fees. This project is subject to the School Facilities Fee. Proof of payment must be presented to the City of Belmont before the permit will be issued. Contact the Sequoia Union School District directly for further information.
30. Public Art Requirement (Belmont City Code Sec. 17-128) - The City has a development standard that requires residential development of five (5) or more new dwelling units to devote an amount not less than 1% of construction costs for acquisition and installation of public art on the development site. For projects that do not include public art on the development site, developers can meet this obligation by either: 1) acquiring and installing freely accessible art on city property or in the public right of way; or 2) providing an in-lieu contribution (payment) to the City for acquisition and placement of public art in the city not less than 1% of construction costs.
31. At the time of building permit submittal, the landscape plans shall be updated to specify the species of street trees to be installed. Final selection of street trees shall be consistent with the Street Tree Master Plan and subject to approval by the Community Development Director.
Building Division
1. The building permit submittal shall be in conformance with the approved project plans (PA2023-0032).
2. The applicant shall obtain all required permits.
3. The building plans shall specify that the 2022 California Code of Regulations as amended by the State of California and all applicable City of Belmont ordinances will be employed during this project.
4. A minimum of 65% of the construction waste generated by this project shall be recycled or salvaged for use. Documentation shall be provided before the final inspection. Sample forms found in A Guide to the California Green Building Standards Code (Residential) located at www.hcd.ca.gov/CALGreen.html may be used to assist in documenting compliance.
CALGreen Section 4.408.
5. Detached accessory structures located less than 50 feet from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of 1- hour fire resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible material on the exterior side. When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all under-floor areas enclosed to within 8-10 inches of the ground, with exterior wall construction in accordance with Section 505.5. Height has been modified to comply with geographical needs.
6. All construction and related activities (not including grading) may only be conducted during 166
13 the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m., Saturdays. Grading may occur between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. No construction activity (including grading) or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Years Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
7. The City of Belmont Municipal Code requires a soils and engineering geology report for all new or substantially altered foundations. Provide such a report and a letter from the geotechnical engineer confirming that the foundation plan has been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the plans. BMC 7-12, IBC 106.1 & 1804.3.
8. Provide on the plans the existing and proposed locations of the electric and gas meters, subpanels, water heater and furnace.
9. The building plans shall show the location of all transformers, fire standpipes, and back flow preventers.
10. Accessibility features are required pursuant to the 2022 California Building Code (Chapter 11A &11B).
11. Photovoltaic installation may be a deferred submittal.
12. Special inspections will be required during construction as determined by the structural engineer and/or the Building Official.
13. The applicant shall post hours of operation and phone numbers for noise complaints.
14. The applicant shall obtain all department final signatures prior requesting a Building final.
II COMPLY WITH THE FOLLOWING CONDITIONS OF THE PUBLIC WORKS DEPARTMENT:
1. The project shall complete an approved Lot Line Adjustment process showing all necessary easement dedication(s) and vacation(s). All easement dedication(s) and vacation(s), including but not limited to PG&E and PUE, shall be successfully completed and recorded in accordance with the California Streets and Highways Code and, where applicable, the California Subdivision Map Act prior to issuance of any building permits. A Record of Survey shall also be recorded in accordance with the Professional Land Surveyors’ Act, prior to issuance of any building permits.
2. Proposed service laterals serving the site and the proposed sidewalk and landscaping along project frontages would be privately owned and maintained. This should be noted on the 167
14 plan.
3. Developer shall satisfy the conclusions and recommendations in the Storm Drain Technical Memo prepared by BKF Engineers dated April 5, 2024.
4. Prior to building permit issuance, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following:
a) Street improvement requirements are specified in the new General Plan (GP) and Belmont Village Specific Plan (BVSP). The street improvement designs shall meet these requirements.
b) Installation of new curb, gutter, bulb-outs, ramp, driveway, landscaping, and sidewalk along all project frontages.
c) Masonic Way will require a curb-to-curb grind & overlay. Wessex Way, Granada Street, & Hiller Street will require a curb-to-curb slurry seal. Areas to receive utility trenching and areas that are damaged during construction will be repaired per City standards. d) Extension of the exiting utilities and installation of new utilities, including but not limited to, water, sewer and storm drain lines and services.
e) Installing the necessary Green Infrastructure for capturing the required street flow, treating, and conveying the flow to the City Storm Drain system. f) Plans for all public improvements shall be prepared on Mylar (24”x36” sheets) and developer shall submit a digital format of the Record Drawings (AutoCAD format is preferred) upon completion of improvements.
5. The developer shall execute a secured public improvement agreement. The agreement shall be secured for an amount of 100% of the engineer’s estimate of the construction cost for faithful performance and 100% of the engineer’s estimate of the construction cost for labor & materials. All improvements must be in accordance with the City of Belmont standard detail and specs and built to the City Engineer’s satisfaction and accepted by the City prior to issuance of any certificate of occupancy for the project.
6. It is applicant’s responsibility to get permit(s) or approval from all affected agencies or private entities. Copies of these approvals should be submitted to the City prior to permit issuance.
7. Within vehicle sight triangles, walls, fences, trees, shrubs, bushes or hedges shall not exceed 3-feet in height while tree canopies shall maintain a minimum of 7-feet vertical clearance at all driveway locations.
8. Public sidewalks, driveway crossing path, and on-site pedestrian walkways and crossings shall have no greater than 2% cross slope. Cross slopes on ADA accessible parking space and access space shall not exceed 2% in all directions.
9. All existing on-site public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements and no trees or deep-rooted shrub are permitted within City utility easements, where the easement is located within landscape areas.
10. The developer shall comply with Regional Water Quality Control Board’s C.3 requirements and implement the following:
168
15 a) At the time of building permit plan check submittal, the developer shall submit a “final” Stormwater Control Plan (SWCP) and Report. Site grading, drainage, landscaping and building plans shall be consistent with the approved Stormwater Control Plan. The Plan and Report shall be prepared by a licensed Civil Engineer and certified that measures specified in the report meet the C.3 requirements of the Regional Water Quality Control Board (RWQCB) Order and shall be implemented as part of the site improvements. b) At the time of building permit plan check submittal, the developer shall submit plans for installing necessary Green Infrastructure to capture the required street flow, treating, and conveying to the City Storm Drain system.
c) The owner/applicant shall submit an updated C3 & C6 stormwater pollution prevention checklist, impervious calculation checklist and BMP measures checklist prior to design review approval as part of the final SWCP.
d) Prior to final inspection or certificate of occupancy, the developer shall submit and record an Operation and Maintenance (O&M) Plan for the long-term operation and maintenance of C-3 and street Green Infrastructure treatment facilities. e) Prior to final inspection or certificate of occupancy, property Owner shall enter into a Maintenance Agreement with the municipality to ensure long-term maintenance and servicing by the Property Owner of stormwater site design and treatment control [and/or HM] measures according the approved Maintenance Plan(s), including the proposed Green Infrastructure for treatment of street flow.
11. Streets, sidewalks and curbs in need of repair within and bordering the project shall be repaired and/or removed and replaced in accordance with the Department of Public Works approved standards. Photographs or video of before condition are recommended. “Bordering” does not include any sidewalks or curbs/gutters on the opposite side of the street.
12. New sidewalk, curb and gutter shall be installed in accordance with the Department of Public Works approved standards.
13. A driveway approach shall be installed in accordance with Department of Public Works approved standards.
14. Roof leaders and site drainage will not be routed directly to the City stormwater system. All stormwater runoff will be routed to treatment facilities (either bioretention basins, flowthrough planters, or underground mechanical treatment filter devices) prior to being routed to the City stormwater system. Energy dissipation will be incorporated into the treatment measures, as needed. The property owner or association shall be responsible for inspection and maintenance.
15. Roof downspout systems shall be designed to drain into designated, effective infiltration areas or structures (refer to the Bay Area Stormwater Management Agencies Association (BASMAA) Start at the Source Design Guidance Manual for Stormwater Quality Protection [available from BASMAA @ 510-622-2465]).
16. The developer shall incorporate the following Best Management Practices (BMPs) for stormwater quality protection into site design to the extent that conditions allow. (Refer to the Bay Area Stormwater Management Agencies Association (BASMAA) Start at the Source Design Guidance Manual for Stormwater Quality Protection (available from BASMAA @ 510-622-2465):
a) The landscape design shall incorporate biofilters, infiltration and retention/detention 169
16 basins into the site plan as feasible.
17. Runoff from trash enclosures, recycling areas, and/or food compactor enclosures, or similar facilities shall not discharge to the storm drain system. Trash enclosure areas shall be designed to avoid run-on to the trash enclosure area. If any drains are installed in or beneath dumpsters, compactors, and tallow bin areas serving food service facilities, the drains shall be connected to a grease removal device and/or treatment devices prior to discharging to the sanitary sewer.
18. The owner/applicant shall pay planned drainage fees in accordance with City ordinances.
19. The project shall implement the bulleted recommendations listed on Pg. ii and iii of the Executive Summary of the project’s revised Transportation Improvement Analysis prepared by Hexagon Transportation Consultants dated July 28, 2025.
The following conditions shall be met prior to the issuance of the first building permit (i.e., foundation permit) and/or site development permits except as otherwise specified in the conditions:
20. Property owner/applicant shall apply for and obtain a grading permit from the Department of Public Works. Prior to issuance of any grading permit, provide a letter confirming that all recommendations of the Geotechnical Report and its supplemental letters have been incorporated in the design of the proposed development.
21. Prior to start of any construction, the developer shall submit a construction schedule and monitoring plan for City Engineer review and approval. The construction schedule and monitoring plan shall include, but not be limited to, construction staging area, parking area for the construction workers, personal parking, temporary construction fencing, construction information signage and establish a neighborhood hotline to record and respond to neighborhood construction related concerns. The developer shall coordinate their construction activities with other construction activities in the vicinity of this project. The developer’s contractor is also required to submit updated monthly construction schedules to the City Engineer for the purpose of monitoring construction activities and work progress.
22. Prior to issuance of an encroachment, building or grading permit, the Applicant shall prepare a construction management plan (CMP) for review and approval by the Public Works Department in consultation with the Community Development Department and Police Department. For properties located at or in close proximity to the City borders, the plan shall be routed to adjacent jurisdictions. The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the Plan. The plan shall include at least the following items:
a) Schedule - A project construction schedule shall be provided that includes the approximate date and expected time frame for each stage of construction. At minimum, the schedule shall include:
i. Excavation & Shoring (as applicable)
ii. Below Grade & Foundation Construction
iii. Above Grade Construction & Framing
iv. Exterior & Interior Finish Work
v. Public Frontage Improvements
170
17 vi. Offsite & Utility Improvements
b) Site & Logistics Plan - Site and logistics plan(s) shall be provided for each phase of project construction. Said plan(s) shall include:
i. Location of Construction Fencing & Access Control for The Site ii. Proposed Circulation Pattern, including Access & Egress, for Each Phase of Construction
iii. Location of Dewatering Tanks, Construction Trailer, Temporary Power Pole, & Restrooms
iv. Erosion & Dust Control Plans
v. Security & Lighting Plans
vi. Location of Construction Staging Areas for Materials, Equipment, & Vehicles vii. Crane Plane (Location, Height, & Radius), as applicable viii. Construction Worker Parking
c) Traffic Control Plan - Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Department of Public Works. Grading, hauling, and construction delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall identify the maximum size of construction equipment /trucks, during construction, expected temporary street closure and the use of flag personnel during construction, and the location of construction worker parking/car-pooling. Comprehensive traffic control measures shall be identified, including: any required detour signage, lane closures, and sidewalk closures. A 24 Hour Written notice must be given to the Public Works and Police Departments prior to lane closures. Trained flag persons shall be positioned at both ends of blocked traffic lanes to ensure safe movement of vehicles, and pedestrians. The proposed traffic control plan may require review by a traffic engineer, to ensure an adequate intersection/driveway turning radius would be provided for large vehicles, and/or when other large projects are in construction at the same time. d) Noticing - The CMP shall include notice to property owners within 300 feet of the project site two weeks prior to grading, and identification of haul route(s) and staging area for the project. The notice shall also include a process for responding to, and tracking, complaints pertaining to construction activity, including identification of an on-site complaint manager. 24-hour advance written notice shall also be provided to adjacent property owners, adjacent businesses, and Public Works and Police Department personnel prior to all major deliveries, detours, and lane closures. e) Road Conditions - Documentation of road pavement conditions shall be provided to the Public Works Department for all routes that will be used by construction vehicles, both before and after project construction. Roads found to have been damaged by construction vehicles shall be repaired to the level at which they existed prior to project construction.
f) Response to CMP Conditions - A response shall be provided to CMP conditions from other City departments, and outside agencies.
23. A written report prepared by a Geotechnical Engineer shall be submitted in accordance with Section 9-36 of the City Code.
24. The owner/applicant shall provide a street light plan that confirms that any street light improvements are focused on the project street frontage, excluding the opposite side of said 171
18 streets. This requirement is in line with the December 20, 2024 entitlement plan set and previous confirmation from the City on June 27, 2024.
25. The developer shall provide documentation from Mid-Peninsula Water District, PG&E, AT&T that these utilities will provide service to the subdivision.
26. All construction and related activities which require a City building permit shall be allowed only during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year’s Day, President’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
27. The property owner/applicant shall apply for and obtain temporary encroachment permits from the Department of Public Works for work in the City public right-of-way, easements or property in which the City holds an interest, including driveway, sidewalk, sewer connections, sewer clean-outs, curb drains, storm drain connections, placement of a debris box.
28. The property owner/applicant shall apply for and obtain a permanent encroachment agreement from the Department of Public Works, with approval by the City Council, for a structure, retaining wall, awning, or other features constructed in the public right-of-way, easement or on property in which the City holds an interest.
29. Failure to comply with any permit condition may result in a “Stop Work” order or other penalty.
30. Construction activity resulting in a land disturbance of 10,000 SF or more, or less than 10,000 SF but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (http://www.scrcb.ca.gov/stormwtr/construction.html or (916) 341-5537). The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it receives a complete NOI package (original signed NOI, vicinity map, and check). Applicant shall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction.
31. Verify location of utility meters, valves, back flow preventers, and hydrants with appropriate utility company. Show relationship of each to site improvements, such as retaining walls.
32. Prior to any grading or clearing being performed on-site, the owner/applicant shall submit a grading plan prepared by a California-registered Civil Engineer in accordance with City Grading Ordinance, Chapter 9, Section 3 of the City Code, with a grading permit application, for approval by the Department of Public Works and Building Division..
Soil or other construction materials shall not be stockpiled in the public right-of- way unless 172
19 an encroachment permit is obtained from the Department of Public Works. Grading shall neither be initiated nor continued between November 15 and April 15. Exceptions can be considered upon further review with the Building Official.
Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works. Grading shall incorporate the restrictions and recommendations of the Geologic and Soils report as approved by the City. The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality.
33. The owner/applicant shall submit a dust control plan for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary.
The application of water shall be monitored to prevent runoff into the storm drain system.
Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way shall be controlled. The measures shall also include:
a) Water all active construction sites at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c) Pave or apply water three times daily or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. d) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.
e) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more).
g) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
h) Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
i) Replant vegetation in disturbed areas as quickly as possible. j) Watering should be used to control dust generation during the break-up of pavement. k) Cover all trucks hauling demolition debris from the site. l) Use dust-proof chutes to load debris into trucks whenever feasible. m) Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
n) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be in proper running order prior to operation. o) Diesel powered equipment shall not be left inactive and idling for more than five minutes and shall comply with applicable BAAQMD rules.
p) Use alternative fueled construction equipment, if possible. q) All vehicle speeds on unpaved roads shall be limited to 15 mph. r) Post a visible sign with the telephone number and person to contact at the Lead Agency 173
20 regarding dust complaints. This person shall respond and take corrective action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations.
34. Storm drainage calculations shall be required for all storm drains and overland flows.
Drainage shed maps shall be submitted showing all upstream acreage and run-off coefficients for each tributary area. Overland flow paths and site release points shall be clearly identified.
Calculations shall be submitted to the Department of Public Works for review and approval.
35. The owner/applicant shall perform a video inspection of any sewer laterals proposed to remain. Submit the inspection to the Department of Public Works for review and make any necessary repairs to the lateral.
36. Applicant shall install the sanitary sewer connection in accordance with Department of Public Works approved standards and pay the applicable sewer connection fee.
37. If PG&E is requiring the developer to construct the gas and/or electrical connections in City right of way or easements, then the developer must submit plans and obtain an encroachment permit from Department to Public Works.
38. The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
a) A site plan showing the property lines, existing and proposed topography, and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas. b) Erosion and sediment controls to be used during construction, selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and Sedimentation Control Field Manual (available from: Friends of the San Francisco Estuary, P.O. Box 791, Oakland, CA 94604-0791. c) Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
d) Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, covers for soil stock piles and/or other measures. e) Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed. f) Provision for diverting on-site runoff around exposed areas and diverting off-site runoff around the project site (e.g., swales and dikes).
39. All utilities to each lot including, but not limited to, electric power, telephone, cable television, shall be provided underground.
40. The owner/applicant shall provide field survey data to permit retracing all survey monuments set to establish the street right-of-way both public and private.
41. All landscaping shall be maintained and shall be designed with efficient irrigation systems 174
21 to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides and pesticides.
42. A letter from the geotechnical consultant, shall inspect, test (as needed) and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to site preparations and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the replacement of steel and concrete. The geotechnical consultant shall observe all excavations during project grading to verify anticipated geologic conditions and to check for any apparent indications of temporary excavation instability. A final geotechnical inspection shall be performed of completed drainage improvements to verify conformance with geotechnical standards. The results of these inspections as the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval.
43. The property owner shall install, operate, and maintain all permanent stormwater quality protection measures included in the approved project plan using qualified personnel. The property owner/applicant must keep a maintenance and inspection schedule and record to ensure that the treatment control measures continue to operate effectively. Records must be provided to the Department of Public Works, on an annual basis, on or before June 30 of each year.
44. The developer shall provide to the first residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for hazardous products, proper use and disposal of hazardous products, and prohibited discharge practices prior to issuance of any certificate of occupancy for the project.
45. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying violators.
46. The phrase “No Dumping-Drains to Bay” or equal phrase shall be labeled on new storm drain inlets by stenciling, branding, plaque or casting.All on-site drain facilities must be inspected twice a year and cleaned immediately prior to the rainy season (prior to October 15) and once again during the rainy season. Results of inspection and cleaning shall be reported to the Department of Public Works on an annual basis on or before June 30 of each year.
47. No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner condensate, and floor cleaning wash water) shall be discharged to the storm drain system, the street or gutter.
48. The subdivision improvement plan agreement shall provide for payment of all grading permit fees and inspection charges including the reviews by the City’s Consultant Geologist or Geotechnical Engineer in accordance with the City’s Grading Ordinance.
49. The subdivision improvement plan shall provide for payment of all City inspection and plan check charges associated with the installation of public and private improvements including, but not limited to, streets, sanitary sewers, storm drains and streetlights. A cash deposit shall be made in accordance with the fee schedule, against which the City will assess its costs. A refund or additional charge will be made at the conclusion of construction. 175
22 50. Storm drainage, sanitary sewer, and emergency vehicle access easements shall be provided to the City as necessary.
51. The Project shall demonstrate compliance with all TIA recommendations.
52. The developer shall provide documentation from Mid-Peninsula Water District, PG&E, and AT&T Broadband cable TV that these utility companies will provide service to the development project/site.
53. Prior to Lot Line Adjustment approval, the developer shall post maintenance bonds or letters of creditfor all off-site improvements to be dedicated to the City at the time the Council accepts the project.
54. The owner/applicant shall provide a plan showing all the site improvements and utility trench locations. The plan shall indicate the location of all the protected trees and protection fences on site. No utility trench shall encroach within the protection fence areas.
The following conditions shall be met prior to occupancy except as otherwise specified in the conditions:
55. "As-built" drawings for any public improvement including streets, sewers, etc. shall be submitted to the City in AutoCAD on CD ROM.
56. If construction is not complete by the start of the wet season (November 15 through April 15), prior to November 15 the developer shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing disturbed soils through temporary or permanent seeding, mulching, matting, tarping or other physical means; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions. As site conditions warrant, the Department of Public Works may direct the developer to implement additional winterization requirements.
57. After the City permits are approved but before beginning construction, the owner/applicant shall hold a preconstruction conference with Building and Public Works Department staff and other interested parties. The developer shall arrange for the attendance of the construction manager, contractor, and all subcontractors who are responsible for grading and erosion and sedimentation protection controls.
58. The owner/applicant shall ensure that all construction personnel follow standard BMPs for stormwater quality protection during construction of project. These include, but are not limited to, the following:
a) Store, handle and dispose of construction materials and wastes properly, to prevent their contact with stormwater.
b) Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, wash water or sediment, and nonstormwater discharges to storm drains and watercourses. c) Use sediment controls, filtration, or settling to remove sediment from dewatering effluent.
176
23 d) Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and treated.
e) Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses with field markers or fencing. f) Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching or other measures as appropriate.
g) Perform clearing and earth moving activities only during dry weather (April 15 through November 14).
h) Limit and time applications of pesticides and fertilizers to prevent polluted runoff. i) Limit construction access routes and stabilize designated access points. j) Do not track dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping methods.
59. A maintenance agreement isrequired to be executed between the City and the developer prior to issuance of a certificate of occupancy or final inspection, whichever comes first. The property owner shall maintain the following:
a) Stormwater treatment areas inside and along the frontage of the properties. b) Sidewalks, driveways, street furniture, decorative streetlights, landscaping, street trees along the frontage of property up to the back of curb.
III COMPLY WITH THE FOLLOWING CONDITIONS OF THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT:
1. EGRESS – The applicant shall maintain required egress for all adjacent buildings/properties.
2. STANDPIPES – For projects that require standpipes by California Fire Code Section 905.3.1, the applicant shall provide not less than one standpipe for use during construction or demolition.
3. DEMOLITION – The applicant shall comply with the California Fire Code Chapter 33 during all phases of construction of the project. Applicant shall prepare a Fire Safety Plan for the Fire Department which shall be adhered to throughout construction.
4. FIRE FLOW – The applicant shall provide fire flow information to the Fire Plan Checker, which is subject to the review and approval of the Fire Marshal or his/her designee.
5. REMOTE POWER DISCONNECT – The plans shall show a key switch/shunt trip to disconnect the building electrical power and/or solar photovoltaic system by Fire Department personnel. The key switch/shunt trip location(s) shall be subject to the review and approval of the Fire Marshal or his/her designee.
6. FIRE CONTROL ROOM – The plans shall show a fire control room with direct access from the exterior of the building subject to the requirements listed in the Fire Department’s local 177
24 Ordinance and subject to the review and approval of the Fire Marshal or his/her designee.
7. CODE CONFORMANCE – The applicant shall indicate on all building permit plans that all construction shall meet current code standards at the time of building permit submittal. The building permit plans are subject to review and approval by the Fire Marshal or his/her designee.
8. FIRE DEPARTMENT SUBMITTALS – The applicant shall submit all plans involving fire systems (including but not limited to fire sprinklers, fire hydrants, and fire alarms) in conjunction with the superstructure building permit plans to the Fire Department. The plans are subject to review and approval by the Fire Marshal or his/her designee.
9. FIRE HYDRANTS – The applicant shall install the approved number of public/private fire hydrant(s) spaced as per the Fire Department’s local Ordinance. All fire hydrants used for fire flow for the project site shall be upgraded to a Clow model 960 or equivalent consisting of (2) 2-½ inch and (1) 4-½ inch outlets. Each hydrant shall be capable of providing a minimum fire flow of 1500 gpm at 20 psi residual pressure. Water supply for fire protection is required to be installed in accordance with water purveyor’s specifications. The water supply shall be tested, flushed and approved operable prior to any combustible construction materials being placed on the site. Staged construction shall insure that the necessary water supply is maintained from stage to stage in the construction planning. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection.
10. EMERGENCY RESPONDER RADIO COVERAGE – An Emergency Responder Radio Coverage system may be required for this project. Testing shall occur during construction due to circuit protection requirements that will affect building design. The applicant shall provide a third-party testing grid report to the Fire Department subject to the review and approval by the Fire Marshal or his/her designee prior to the Fire Final Inspection.
11. Prior to application for a Fire Sprinkler Permit, the applicant shall submit plans to the MidPeninsula Water District (MPWD) for their review and approval. Contact MPWD at 650- 591-8941 to coordinate review of the project.
12. A separate application and permit are required for the installation or alteration of any Fire Alarm, or Water-flow Monitoring System. This application shall include the interconnection of any Fixed Fire Protection System to an Alarm System where provided. A valid Permit and Approved Plans shall be at the jobsite at all times.
13. A separate application and permit are required for the installation of any underground fire service lines. Application shall be made by a Registered Engineer or by either a General Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing the work.
14. A master building wide Hazardous Materials Inventory Statement (HMIS) and a tenant 178
25 HMIS shall be kept on file with the building management for the lifetime of the use . The building management shall manage all tenant HMIS documents against the Master HMIS such that the total quantity of hazardous materials shall not exceed the Maximum Area Quantities (MAQ’s) as defined by the HMIS and CFC Chapter 50. This project shall update their fire sprinkler design density to an Extra Hazard class to 0.4/3,000 square-feet.
15. A Knox Key-Lock Box is required to be installed as shown on plans. Please contact Fire Prevention at 650-522-7940 to obtain an application.
16. Fire inspections are available Monday through Friday, 8:00 am to 4:00 pm. Call 650-522- 7940 a minimum of 48 hours in advance to place your inspection request.
17. On plans submitted for a Building Permit, show the location of all required Smoke Alarms and Carbon Monoxide Alarms, in accordance with CRC Sections 314 & 315.
18. In accordance with the Municipal/Regional Stormwater Permit, no fire sprinkler system drain shall discharge into any Storm Drain System. The system shall discharge to either a landscape area large enough to contain the outflow, or to the Sanitary Sewer by means of an indirect connection. Indicate the location of the Fire Sprinkler System drain on plans submitted for a building permit.
19. Address Identification. New and existing buildings shall 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 shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all new construction and in all alterations greater than 50% of the original structure. Numbers shall be as follows: Minimum of one-half inch (1/2”) stroke by six inches (6”) high. When the structure is thirty-six (36) to fifty (50) feet from the street or fire department access a minimum of one-half inch (1/2”) stroke by nine inches (9”) high is required. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one-inch (1”) stroke by twelve inches (12”) high is required.
IV COMPLY WITH THE FOLLOWING CONDITIONS OF THE BELMONT POLICE DEPARTMENT:
1. All activities shall be subject to the requirements of the Belmont Noise Ordinance.
2. No debris boxes or building materials shall be stored on the street unless permitted.
3. Flag person(s) shall be required for closures positioned at both ends of any closure.
4. A 24-hour written notice to and approval from the Police Department is required before any lane closure. (Contact PD Traffic Unit or Watch Commander for approvals).
5. No parking of construction employee vehicles is allowed in the roadways. 179
26 6. Any lane/road closures must only be conducted during non-commute hours (9am-3pm).
7. Any burglar alarm shall be registered with the PD per BCC 18-50 et. seq.
8. A signage plan is required for closures/detours. This plan must be approved by the PD Traffic Unit.
9. The applicant shall provide a security plan to the Police Department plan for the construction period, prior to issuance of a building permit. Said plan shall, at minimum, include: lighting (if desired), surveillance, physical security of property, and securing of any tools, equipment and/or materials left on site. The Police Department shall also be provided 24-hour emergency contact information for the contractor and owner. Route emergency contact information to PD Attn: Sgt. Thompson or email to [email protected].
10. No Trespassing signs, per 602 PC, are required to be posted around property to discourage unauthorized entry and aid in criminal prosecutions for trespassing/theft.
11. The property address must be clearly posted at all times during and after construction, visible and legible from entire roadway frontage(s).
12. The applicantshall ensure the Police Department has accessto any secured emergency access easements/gates/pathways.
Certification of Approved Final Conditions:
Carlos de Melo, Community Development
Director
Date
180
CITY OF BELMONT
APPEAL APPLICATION
ZONING ORDINANCE #360 - SECTION 10
I, _D_o_u....;g;;...R_1_· ck_et _________ _, appeal the action of the PLANNING COMMISSION at the Regular Meeting held on ...... A ...... ..... u gu.......,_s ....... t ___ 19 ....... t=h .... , 2 ___ 0 ___ 2 ..... 5 _______________ _ on the application for __
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Prometheus Real Estate Group
granted/not granted to __________________________ _
concerning the prope1iy located at the following address 580 Masonic Way ---------------
Being Lot __ _ Block ------- Subdivision ------
Assessor's Parcel No.
040-315-010 ---------------------
This APPEAL, in accordance with Ordinance #360 , gives the following reason(s) to make claim that there was an enor or abuse of discretion by the Commission, or wherein its decision was not suppo1ted by the evidence in the record (attach a separate sheet of paper, if desired):
See attached.
1/W e, the undersigned appellant, do hereby certify that this Appeal, in accordance with Ordinance #360 , has been filed within the ten (10 ) day filing period and the fee of $1,683 has been paid to ili��:; :
i
:::�
Appellant Name
ont
(Print) �Appellant Signature
Address (City, State, Zip)
Email address
Home Phone Cell/Other Phone
• Multiple/group appellants will be considered as one entity for purposes of speaking time limits at the appeal hea1·ing.
• The applicant may be required submit 8 paper sets of complete plans/blueprints with the completed appeal form. Submission of multiple sets of other backup documentation is not necessary. • The City of Belmont can accept electronic submittals of documentation. • City staff will coordinate a Hearing Date with the appellant and applicant following submittal of appeal. 181
To: The Honorable Mayor and Members of the Belmont City Council From: Doug Ricket
Date: August 28, 2025
Re: Appeal to apply the Active Use Frontage Overlay requirement for 580 Masonic Way Dear Mayor and Council Members,
As a Belmont resident, I support the Belmont Village Specific Plan’s vision of “an attractive, mixed use, vibrant downtown” that was passed by the City Council. Like you, I look forward to welcoming new neighbors to our wonderful city.
The problem is that even though the plan for 580 Masonic Way doesn’t have the ground floor active use required by the BVSP, the staff and commissioners mistakenly concluded that the city has to approve it because of state law.
At the August 19 Planning Commission meeting, commissioners spoke in favor of the BVSP’s active, mixed-use goals, but believed they had no choice but to approve. One said, "The staff report quotes the BVSP about the vibrant mixed use we're supposed to have - well, that's not what we're getting." Multiple commissioners stated they felt their "hands are tied here" and that they had to approve the project "because of certain rules the state has imposed upon us." [Appendix B] 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. I therefore advocate to correct the issue now to avoid potential legal cost and delay. I ask that you uphold this appeal and direct the applicant to comply with the city's objective standards to build the vibrant mixed-use downtown we all want.
Does state law require approving the developer’s plan?
No, because the plan violates the BVSP’s objective standards for the “Active Use Frontage Overlay” (AUFO), which have not been waived. Let’s explore current misunderstandings:
Does “by-right” status mean the city must waive all standards? No, “by-right” review excludes subjective judgements, but expressly allows design review with objective standards, such as the 50’ retail depth requirement of the AUFO. [1] Does the Density Bonus Law (DBL) grant waivers to all city standards? No, the DBL grants waivers only to city standards that would block the construction of the bonus units, such as the height, bulk, and street wall height waivers in this project. But the AUFO does not qualify for a waiver because it does not block the construction of the bonus units; in fact, there are no units on the ground floor facing Masonic Way. [2] 182
Does Footnote #2 in the Zoning Ordinance Table 31-1 [1] override the AUFO? No, footnote #2 permits residential units on the ground floor (which this plan has), but the footnote does not state that the AUFO is nullified, and the developer did not apply for a waiver of the AUFO. Without a waiver, the AUFO still stands and must be applied objectively.
Can the Community Development Director decide that the AUFO is “not applicable” because of subjective criteria?
No. In the Development Standards Evaluation [3], the Director marked the AUFO standards “N/A,” stating that they would result in an “oddly shaped building” due to the “shape of the property” and its four frontages. This is a subjective opinion – the objective requirements of the BVSP contain no such exemption for lot shape or number of frontages. [3] As the staff report itself notes, subjective findings cannot be considered in approving a by-right application.
The Director’s second justification, that the AUFO is not applicable “because the building is entirely residential,” is a flawed, circular argument. The AUFO objectively requires the Masonic Way frontage to be non-residential. A developer cannot propose a non-compliant design and then use that non-compliance as the reason the objective standard should not apply.
The director cannot unilaterally waive the BVSP, and the city is not obligated to do so. Unless an explicit waiver is requested and granted, the project must comply with all objective standards of the BVSP, including the AUFO.
Does this project even qualify for the density bonus and by-right processing? No, because:
● In order to qualify for the density bonus, this project needs to show a “base plan” that complies with all existing objective regulations with no waivers. [5] ● Similarly, to qualify for by-right processing, projects must be consistent with all objective standards, or else forfeit their by-right status. A project that does not meet all objective standards is not approved as “by-right” and instead goes through a regular non-by-right process. [6]
However, neither the base plan nor the bonus plan for this project comply with the objective standards of the AUFO, due to violations including the inward-facing gym and lack of 50’ retail depth. Both plans should be corrected now to comply with the AUFO so that the whole project is not vulnerable to future lawsuits.
Request: Require the plan to comply with the BVSP’s objective standards This appeal does not seek to deny housing. It asks the City to uphold the objective standards as required by State Law and City Code, to avoid the risk of future lawsuits and to build the vibrant mixed-use downtown we all want.
Thank you for your consideration,
Doug Ricket
183
Appendix A. References
1. BVSP Zoning - includes AUFO objective standards
https://www.belmont.gov/home/showpublisheddocument/20071/638596612258070000
2. Project Proposal Exhibit A - floorplans
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542485/Attachment_ 3_Exhibit_A_-_Applicant_Materials.pdf
3. Development Standards Evaluation
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542476/Attach_2_De velopment_Standards_Evaluation.pdf
4. Belmont Village Specific Plan (Final)
https://www.belmont.gov/departments/community-development/belmont-village-specific-plan/fin al-belmont-village-specific-plan-documents
5. Staff report
“Under California State Density Bonus Law (SDBL) and the City’s Zoning Ordinance, the applicant must first identify a ‘base project’ that is consistent with all relevant objective development standards.”
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542489/SR_-_500-58 0_Masonic_-_8-19-25_Final.pdf
6. Housing Accountability Act Technical Assistance Advisory https://www.hcd.ca.gov/community-development/housing-element/housing-element-memos/docs/ hcd-memo-on-haa-final-sept2020.pdf
184
Appendix B. Comments by Planning Commissioners on 8/19/2025 meeting:
● Joanne Adamkewicz
○ “The staff report quotes the BVSP about the vibrant mixed use we're supposed to have – well, that’s not what we’re getting.”
○ “Ground floor active use is something the city really needs.” ○ “Current state law … removes almost all decision making power from this body and from the city.”
● Cherry Twigg
○ “I reflect the views of Commissioner Adamkewicz.”
○ “There’s certain things that are very limited that we’re allowed to comment on at this point.”
● David Kramer
○ “I agree … we should try to incentivize more mixed use.” ○ “But our hands are kind of tied here.”
● Margaret Jadallah
○ “Within the limited context of the by-right processing, I can make the findings.” ● Nathan Majeski
○ “I see a lot of places where I don’t feel like the objective standards are followed.” ○ “It’s brutalist, it’s ugly. It isn’t sensitive to the community around it.” ● Brian Kulich
○ “I agree that this has a lot of problems.”
○ “Because of certain rules the state has imposed upon us, I feel like I have to make the findings.”
185
Appendix C. Map of AUFO, BVSP Chapter 2, “Land Use”, Page 11, Source: https://www.belmont.gov/home/showpublisheddocument/16499/638580149884370000 ● Masonic way is mapped for Active Use Frontage Overlay, 100% active use. 186
Appendix D. Ground floor proposed layout
Source:
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542485/Attachment_3_Exhib it_A_-_Applicant_Materials.pdf
● Masonic Way frontage does not meet active use requirements. 187
To: The Honorable Mayor and Members of the Belmont City Council From: Doug Ricket
Date: October 22, 2025
Re: Appeal to uphold the BVSP’s Active Use requirements for 580 Masonic Way Dear Mayor and Council Members,
As a Belmont resident, I support the Belmont Village Specific Plan’s vision of “an attractive, mixed use, vibrant downtown” that was passed into law by the City Council in 2017. Like you, I look forward to welcoming new neighbors to our wonderful city.
At 580 Masonic Way, residents have enjoyed a variety of local businesses within walking distance:
● An Indian restaurant
● A dry cleaners
● A sushi restaurant
● A chiropractor
● A dentist
● A salon
● A daycare
These businesses improve quality of life for local residents, and they or similar businesses would likewise benefit the hundreds of new residents who will live above them.
The problem is that even though the proposal for 580 Masonic Way doesn’t have the ground floor active use required by the BVSP, city staff and commissioners mistakenly concluded that the city has to approve it because of state law. At the August 19 Planning Commission meeting, commissioners spoke in favor of the BVSP’s active, mixed-use goals, but believed they had no choice but to approve. One said, "The staff report quotes the BVSP about the vibrant mixed use we're supposed to have - well, that's not what we're getting." Multiple commissioners stated they felt their "hands are tied here" and that they had to approve the project "because of certain rules the state has imposed upon us." [Appendix B] I am appealing today because this plan violates the objective active use requirements of the BVSP, and that requirement has not been waived or overridden by state law, so moving forward with this non-compliant plan is likely to generate future lawsuits and delay. I therefore advocate to correct the issue now so the city can make fastest progress on its housing goals with no delay. I ask that you uphold this appeal and direct the applicant to comply with the city's objective standards for active use to build the vibrant mixed-use downtown we all want.
1 188
I see two questions to answer for this matter:
1. Does the current design meet the Active Use requirement? No, the plan violates the BVSP’s “Active Use Frontage Overlay” requiring 100% active use on Masonic Street, and the requirement for partial active use on the other three streets: (see Appendix F, Zoning Table 31-3, Frontage Standards)
● The BVSP requires ground level uses that are “accessible to the general public, are engaging to pedestrians walking by, and generate walk-in pedestrian clientele” (BVSP 2-18). The proposed plan for Masonic Way includes an inward-facing gym with no street entrance that is not accessible to the public, a clear violation of “active use” as defined above.
● Additionally even though lobbies are a permitted use, this particular proposed lobby, covering nearly the whole frontage at 130’ wide by 20’ deep and only for use by residents, does not comply with the text quoted above as well as the BVSP mandate that “all spaces must be designed to accommodate active uses,” which a huge empty lobby does not.
● The proposed plan for the other three streets is 0% active use, violating the BVSP’s requirements for partial Active Use: (Appendix E)
○ BVSP designates Wessex Way a Village Main Street, requiring 75% active use. ○ BVSP designates Granada St a Village Main Street, requiring 75% active use. ○ BVSP designates Hiller St a Village Avenue, requiring 50% active use..
2. Has the Active Use requirement been waived or cancelled? No, there is no California state law or City of Belmont law that has overridden the BVSP’s “Active Use Frontage Overlay” (AUFO) requirement.
● Does Footnote #2 in the Zoning Ordinance Table 31-1 override the AUFO? No, footnote #2 (see Appendix H) permits residential units on the ground floor (which this plan has), but the footnote does not state that the AUFO is nullified, and the developer did not apply for a waiver of the AUFO. Without a waiver, the AUFO still stands and must be applied objectively. In fact, the AUFO can coexist with residential units on the ground floor; both can and do apply at the same time, as shown in the developer’s own plan from 8/2/2024. (see Appendix J)
Additionally, California Government code sec, 65860, and section 31.1.6 of Belmont’s zoning code itself [1, page 2], both require that if there is a conflict between zoning code and the Specific Plan, the Specific Plan prevails. This means that even if footnote #2 in the Zoning Ordinance attempted to override the AUFO, it could not do so. The AUFO comes from the Specific Plan and cannot be overridden by zoning code.
On Masonic Way, the AUFO can coexist with the plan without disrupting any residential units. On the other three streets, the 50%-75% Active Use requirements for those streets can coexist with ground floor residential, just not 100% ground floor residential. 2 189
● Does “by-right” status waive all city zoning laws?
No, “by-right” review excludes subjective judgements, but California Government code sec 65583.2 explicitly authorizes design review with objective requirements of a General or Specific Plan, such as those of the BVSP’s AUFO mentioned above. [1] “By-right” does not mean exempt from compliance with applicable objective standards. ● Does the Density Bonus Law (DBL) waive all city zoning laws? No: The DBL allows for waivers that physically preclude building the project, but the AUFO does not preclude building the project. No waiver has been requested or granted, so the city must apply the AUFO today. [2]
According to the Staff Report for this project [5], “Under California State Density Bonus Law (SDBL) and the City’s Zoning Ordinance, the applicant must first identify a ‘base project’ that is consistent with all relevant objective development standards.” The report incorrectly represented to the Planning Commission that the base project was in order, without including the base project itself for the commission to review or approve.
If the Planning Commission had reviewed the base project (also called “base density study” or “base scheme”), they would have seen it is non-compliant with the objective active use requirements for all four frontages.
California Government code sec 65915(o)(6)(A) requires a base density study to account for “any nonresidential component.” Since this project’s base‑density calculation ignored the mandatory nonresidential active use frontages, it does not meet “all applicable objective development standards” as also required by that California code, and the City is not obliged to accept it.
● Can the Community Development Director decide that the AUFO is “not applicable” because of subjective criteria?
No. In the Development Standards Evaluation [3], the Director marked the AUFO standards “N/A,” stating that they would result in an “oddly shaped building” due to the “shape of the property” and its four frontages. This is a subjective opinion – the objective requirements of the BVSP contain no such exemption for lot shape or number of frontages. [3] As the staff report itself notes, subjective findings cannot be considered in approving a by-right application.
The Director’s second justification, that the AUFO is not applicable “because the building is entirely residential,” is factually incorrect – the Masonic Way frontage has no residential at all. It is also a flawed, circular argument: The AUFO objectively requires the Masonic Way frontage to be non-residential. A developer cannot propose a non-compliant design and then use that non-compliance as the reason the objective standard should not apply.
The director cannot unilaterally waive the BVSP, and the city is not obligated to do so.
Unless an explicit waiver is requested and granted, the project must comply with all objective requirements of the BVSP, including the AUFO. 3 190
Request: Require the plan to comply with the BVSP’s objective requirements In summary, the proposed project (and its base project) do not comply with the BVSP’s objective requirements for active use on the ground floor frontages. And that active use requirement is not removed by footnote 2 (since ground floor residential can coexist with active use), nor is the active use requirement overridden by “by right” or “density bonus” designation. Therefore the plan is in violation of city code and the city should ask the developer to correct it to be compliant.
This appeal does not seek to block housing construction. It asks the City to uphold objective requirements in compliance with California State Law and the BVSP, by rejecting the non-compliant base plan and non-compliant density bonus plan submitted by the developer. This will avoid future lawsuits, allowing for housing construction with the least delay, and building the vibrant mixed-use downtown we all want, for current residents and those yet to come.
Thank you for your consideration,
Doug Ricket
4 191
Appendix A. References
1. BVSP Zoning - includes AUFO objective standards
https://www.belmont.gov/home/showpublisheddocument/20071/638596612258070000
2. Project Proposal Exhibit A - floorplans
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542485/Attachment_ 3_Exhibit_A_-_Applicant_Materials.pdf
3. Development Standards Evaluation
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542476/Attach_2_De velopment_Standards_Evaluation.pdf
4. Belmont Village Specific Plan (Final)
https://www.belmont.gov/departments/community-development/belmont-village-specific-plan/fin al-belmont-village-specific-plan-documents
5. Staff report
“Under California State Density Bonus Law (SDBL) and the City’s Zoning Ordinance, the applicant must first identify a ‘base project’ that is consistent with all relevant objective development standards.”
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542489/SR_-_500-58 0_Masonic_-_8-19-25_Final.pdf
6. Housing Accountability Act Technical Assistance Advisory Projects must be “consistent with objective local development standards.” https://www.hcd.ca.gov/community-development/housing-element/housing-element-memos/docs/ hcd-memo-on-haa-final-sept2020.pdf
7. California Government Code section 65915
https://california.public.law/codes/government_code_section_65915 5 192
Appendix B. Comments by Planning Commissioners on 8/19/2025 meeting:
Planning commissioners supported requiring ground floor active use, but believed their hands were tied:
● Joanne Adamkewicz
○ “The staff report quotes the BVSP about the vibrant mixed use we're supposed to have – well, that’s not what we’re getting.”
○ “Ground floor active use is something the city really needs.” ○ “Current state law … removes almost all decision making power from this body and from the city.”
● Cherry Twigg
○ “I reflect the views of Commissioner Adamkewicz.”
○ “There’s certain things that are very limited that we’re allowed to comment on at this point.”
● David Kramer
○ “I agree … we should try to incentivize more mixed use.” ○ “But our hands are kind of tied here.”
● Nathan Majeski
○ “I see a lot of places where I don’t feel like the objective standards are followed.” ○ “It’s brutalist, it’s ugly. It isn’t sensitive to the community around it.” ● Brian Kulich
○ “I agree that this has a lot of problems.”
○ “Because of certain rules the state has imposed upon us, I feel like I have to make the findings.”
6 193
Appendix C. Map of AUFO, BVSP Chapter 2, “Land Use”, Page 11, Source: https://www.belmont.gov/home/showpublisheddocument/16499/638580149884370000 ● Masonic Way is mapped for Active Use Frontage Overlay, requiring 100% active use. 7 194
Appendix D. Ground floor proposed layout
Source:
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/3542485/Attachment_3_Exhib it_A_-_Applicant_Materials.pdf
● Masonic Way frontage does not meet 100% active use requirements. ● Granada, Wessex, and Hiller do not meet 50-75% active use requirements. 8 195
Appendix E. Street designations
Source: BVSP Appendix A, page 26
https://www.belmont.gov/home/showpublisheddocument/16535/636658019230370000 ● Wessex, Granada, and Masonic are all Village Main Streets requiring 75% and 100% active use. ● Hiller is a Village Avenue requiring 50% active use.
9 196
Appendix F. Active use on BVSP streets
Source: BVSP Appendix A, pages 24-25, Table 31-1
https://www.belmont.gov/home/showpublisheddocument/16535/636658019230370000 (highlight added)
10 197
Appendix G. “Active Use Frontage Overlay”
BVSP Land Use, page 2-18
Source: https://www.belmont.gov/home/showpublisheddocument/16499/638580149884370000 Active Use Frontage Overlay
Several streets within the Village Core and Station Core districts are shown with Active Use Frontage Overlay on the Land Use Diagram. This designation requires that the ground level has uses that are accessible to the general public, are engaging to pedestrians walking by, and generate walk-in pedestrian clientele and thus contribute to a high level of pedestrian activity. Listed in Table 2-5, active uses may include, but are not limited to: retail stores, restaurants, cafes, markets, bars, theaters and performing arts venues, parks, plazas, commercial recreation and entertainment, personal and convenience services, tourism-oriented services, banks, childcare services, libraries, museums, galleries, and entrance lobbies to upper-floor residential uses. While office and other less active non-residential uses may be permitted at ground level on an interim basis at the discretion of the Planning Commission, 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. (emphasis added)
11 198
Appendix H. Footnote #2
City of Belmont Zoning Ordinance, page 31-16
Source: https://www.belmont.gov/home/showpublisheddocument/20071/638596612258070000 “2. A project will be processed by right as defined in Government Code Section 65583.2(i), and only design review based on objective standards shall be required, if at least 20 percent of the units are designated as affordable to lower income households as defined in Government Code Section 65584, no subdivision is required, and the project is proposed wholly on a parcel that is identified in the 2023-2031 Housing Element as subject to by right processing. In such projects, multiple-unit dwellings are permitted on the ground floor, and such projects are exempt from CEQA.26” (Emphasis added)
● Objective standards are still required
● Residential use is allowed
● Nowhere are Active Use requirements overridden
● ⇒ Therefore Active use requirements and ground-floor residential coexist 12 199
Appendix I. Base Plan for current project
Source file: Masonic580_BaseProject.12.20.24.pdf
https://belm-trk.aspgov.com/eTRAKiT/viewAttachment.aspx?Group=PROJECT&ActivityNo=P A2023-0032&key=MG%3a2501100850450056
● This base plan is non-compliant with the active uses required by the BVSP on all four frontages of the ground floor, identical to the full plan. 13 200
Appendix J. Prior Base Plan as of August 2nd, 2024
Source file: 580 MASONIC BASE SCHEME PACKET 20240802.pdf https://belm-trk.aspgov.com/eTRAKiT/viewAttachment.aspx?Group=PROJECT&ActivityNo=PA2023-0 032&key=DD%3a2408151025390280
● This version of the base plan submitted by the developer 8/22/204, shows that ground floor residential (the same 70 units) is not in conflict with 100% active use on Masonic Way’s AUFO.
● Masonic Way is shown hosting 4 active use businesses, labeled:
○ Neighborhood HQ
○ The Parlor
○ Co-work
○ Cafe
14 201
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
Three Embarcadero Center, 12th Floor | San Francisco, CA 94111-4074 Telephone: 415.837.1515 | Facsimile: 415.837.1516
www.allenmatkins.com
David H. Blackwell
E-mail: [email protected]
Direct Dial: 415.273.7463 File Number: 372819.00011/4910-6036-6442.2 Los Angeles | Orange County | San Diego | Century City | San Francisco | New York Allen Matkins
Via Electronic Mail ([email protected])
October 2, 2025
Mayor Mates and Councilmembers
Belmont City Hall
One Twin Pines Lane
Belmont, CA 94002
Re: City Council October 14, 2025 Agenda
Appeal of 500-580 Masonic Way By-Right Approval
PA2023-0032
Dear Councilmembers:
This office represents Prometheus Real Estate Group, the recipient of the above-referenced Planning Commission approval issued at its August 19 meeting. A member of the public, Doug Ricket, filed an appeal on August 25, claiming that “state law does not require approval” of the project and that the project “violates objective standards.” As set forth below, the appeal is without merit.
I. Background
The approved project will replace an aging, single-story retail center with 140 apartment units, including 25 affordable units, all of which are in walking distance to the Belmont Train Station and Transit Center, as well as downtown.
Critically, the project is identified in the City’s certified 2023-2031 Housing Element as subject to “by right” processing pursuant to Government Code section 65583.2. Under the State Housing Law, “by right” processing means the City shall “not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a ‘project’” under the California Environmental Quality Act (CEQA). (Gov.
Code, § 65583.2(i).) The City could subject the project to design review, but such review would be limited to objective standards. (Ibid.; § 65589.5(f).) The Planning Commission’s review of the project was correctly limited to reviewing objective standards, and it approved the project accordingly. (Ibid.)
202
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
Mayor Mates and Councilmembers
October 2, 2025