SECTION 46. BZO § 5A.1.11 AMENDED
Belmont Zoning Ordinance Section 5A.1.11 is amended to read:
5A.1.11 BUILDING HEIGHT – Maximum building height are as follows. (a) For hotels: 65 feet.
(b) For all other uses: 50 feet; 60 feet with community benefits as prescribed in Section 5A.2. (c) Non-habitable building features such as chimneys (up to six feet in width), cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet.
SECTION 47. BZO § 5A.1.12 AMENDED
Belmont Zoning Ordinance Section 5A.1.12 is amended to read:
5A.1.12 SITE DEVELOPMENT STANDARDS - All development shall conform to the following:
(a) Minimum lot size shall be 7,200 square feet.
(b) Minimum lot width shall be 60 feet.
(c) Minimum setback requirements:
(1) Along rear and/or interior side property lines abutting an R-1 District: 10 feet. (2) Everywhere else: None.
(d) Minimum upper-story step-back from the stories below: Five feet for the third story and above along rear and interior side property lines abutting an R-1 District. (e) Minimum ground floor height: 16 feet for non-residential space; 10 feet for residential space.
SECTION 48. BZO § 5A.1.13 AMENDED
Belmont Zoning Ordinance Section 5A.1.13 is amended to read:
5A.1.13 BUILDING DESIGN STANDARDS - All development must conform with the objective design standards in Section 13.6 as applicable and the following:
(a) Ground Floor Transparency. At least 50% of the exterior walls on the ground floor facing and within 20 feet of a front or street side lot line must include windows, doors, or other openings located between 2.5 and seven feet above the level of the sidewalk. (1) Design of Required Openings. Openings fulfilling this requirement must have transparent or moderately-tinted glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep and five feet wide. Shading or use of drapes or other internal window covering for energy efficiency may be approved.
282
(2) Exceptions for Parking Garages. Parking garages are not required to meet the building transparency requirement of this subsection.
(3) Exceptions for residential uses. Ground floor residential uses are not required to meet the building transparency requirement of this subsection. (4) Alternatives through Design Review. Alternatives to the building transparency requirement may be permitted through Design Review if:
(A) The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and,
(B) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
(b) Building Entrances. The primary pedestrian access to all ground-level commercial uses shall be from a public sidewalk. In mixed-use developments, entrances to residential units shall be physically separated from the entrance to the commercial use and clearly marked with a physical feature such as a recess or projection incorporated into the building or appropriately-scaled element applied to the façade. (c) Outdoor Living Area for Residential Units. A minimum of 36 square feet per unit of outdoor living area must be provided for residential units. This requirement may be met by common or private open space or a combination of the two. Common areas may consist of landscaped areas, patios, swimming pools, barbeque areas, and similar improvements designed to serve residents. Landscaped rooftop gardens may fulfill up to 50% of this requirement. Private areas may consist of balconies, decks, fenced yards, and similar areas directly accessible from a unit.
SECTION 49. BZO §§8 AND 8A REPEALED
Belmont Zoning Ordinance Section Sections 8 and 8A are repealed.
SECTION 50. BZO §8 ADDED
Belmont Zoning Ordinance Section 8 is added to read.
SECTION 8 - OFF-STREET PARKING AND LOADING
8.1 SCOPE OF REGULATIONS. The off-street parking and loading provisions of this Section apply to all existing and new development as follows:
8.1.1 For all buildings and structures erected and all uses of land established after the effective date of this Section, accessory parking and loading facilities shall be provided in accordance with the regulations of the district in which such buildings or uses are located provided, however, that in the event a building permit has been issued prior to the effective date of this Ordinance, and provided that construction is begun within 60 days of such effective date and diligently prosecuted to completion, parking and loading facilities need not be provided as required in this Section.
283
8.1.2 Except as provided in Section 24, Accessory Dwelling Units, when the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified in this Section for required parking facilities, parking facilities as required shall be provided for such increase in intensity of use.
8.1.3 Whenever the existing use of a building or structure shall be changed to a new use, parking facilities shall be provided as required for such new use. However, if said building or structure was erected prior to the effective date of this Ordinance, additional parking or loading facilities shall be required only in the amount which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this Ordinance.
8.2 GENERAL REGULATIONS. Parking must be provided generally as indicated in Table
8.2-1, Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS and in Table 8.2-2, Parking Standards in the R2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Village Specific Plan Districts. All parking must be developed and maintained according to the standards of this Subsection 8.2.
All square feet (sf) figures represent gross floor area.
Table 8.2-1: Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS1
Residential Uses
Single-Family Dwelling
New 4 per unit (2 covered)
With Addition that Expands Bedroom Count of Principal Unit up to 3 BR = 2 (1 covered)
4-5 BR = 3 (1 covered)
6+ BR = 4 (2 covered)
Existing w/ 1-2 Covered Spaces Maintain existing on-site covered parking spaces.
Existing w/o Covered Space Carport may be used for required covered parking ADUs Per BZO Sec. 24 (ADUs)
Multi-Family Dwelling
Studio
1 covered space per unit plus 1 paved open space or
covered per unit
1 bedroom
2 bedrooms
3 or more bedrooms
Residential Care Facilities 1 per 3 residents
Fraternities, Sororities, and Dormitories 1 per 5 residents Emergency Shelters 1 per staff member
Low Barrier Navigation Centers 1 per staff member
Transitional, Supportive, and Permanent Supportive Housing None beyond what is required for the housing type Commercial Uses
Lodging
Hotels, Motels 0.5 per unit or lodging room
284
Table 8.2-1: Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS1
Rooming Houses, Lodging Houses 1 per 2 lodging rooms
Retail and Service
Retail / Retail Stores 1 per 250 sf accessible to public Furniture and Appliance Stores, Household Equipment or
Furniture Repair Shop 1 per 600 sf
Mortuary 1 per 100 sf of assembly area
Service and Repair Facilities (other than Auto Service Station) 1 per 500 sf + 1 per 2,000 sf of exterior area Automobile/Vehicle Sales and Services
Automobile Service Stations 2 per working bay + 1 per employee on largest shift Car Wash 1 per 2 employees + 3 stacking spaces + 1 per 300 sf retail
Motor Vehicle Sales and Machinery Sales As determined by Parking Demand Study Commercial Recreation
Bowling Alley 2 per alley
Theaters (indoor) 2 per 1,000 sf
Eating and Drinking Establishments
Establishments Dispensing Food or Beverages for Consumption on the Premises 1 space / 100 sf
Offices
Offices - Business, Professional, Financial and Government 1 per 300 sf Offices - Business, Professional, Financial and Government when Office and Retail Uses are Mixed 1 per 400 sf
Research and Development Facilities 1 per 600 sf
Warehouse/Storage Facilities
Wholesale Establishment (not including warehouses and storage buildings other than accessory) 1 per 600 sf
Warehouse and Storage Buildings 1 per 2,000 sf
Public/Institutional Uses
Educational Institutions
Auditoriums for Schools and Colleges 1 per 6 permanent seats High Schools, Colleges, Universities, Church Schools, and Business, Professional and Trade Schools
1 per employee + 1 per 20 students on premises at any
one time
Schools - Nursery, Elementary and Intermediate (public or private) 1 per classroom
Community and Religious Assembly
Places of Assembly, including Religious Assembly, Public/Private Community Rooms & Recreation Buildings, and other similar uses, with fixed seats
1 per 4 fixed seats
Places of Assembly, including Religious Assembly, Public/Private Community Rooms & Recreation Buildings, and other similar uses, without fixed seats
1 per 60 sf of the main meeting room
Libraries, Art Galleries and Museums - Public 1 per 1,000 sf 285
Table 8.2-1: Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS1
Stadiums, Arenas, Auditoriums (other than college or school), Convention Halls, Dance Halls, Exhibition Halls, Skating Rinks and other similar places of assembly
1 space per 400 sf of floor area open to the public
Private Clubs and Lodges (without sleeping facilities for guests) Spaces for 10% of capacity of persons Public Utility and Public Service Uses 1 per 3 employees on-duty at any time plus spaces determined by Community Development Director
Medical Facilities
Hospital 1 per 1,000 sf
Clinic 1 per 300 sf
Skilled Norsing Facility 1 per 3 beds
Combined and Other Uses
2+ uses located on same site or within same building Spaces equal to the sum of the separate requirements for each use
Non-listed uses Spaces to be provided as required for the "most similar listed use" or as determined by the Community
Development Director
Note:
1 Minimum parking standards do not apply for residential, commercial, and industrial development on properties located within one half-mile radius of a major transit stop; however, minimum parking standards may be required for certain projects if the findings provided in Assembly Bill 2097 / Government Code Section 68563.2 can be made in the affirmative.
Table 8.2-2: Parking Standards in the R-2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Village Specific Plan Districts 1, 2
Minimum Maximum
Residential Uses
Single-Family Dwelling
New 4 per 1 unit (2 covered) -
With Addition that Expands Bedroom Count
of Principal Unit
up to 3 BR = 2 (1 covered)
4-5 BR = 3 (1 covered)
6+ BR = 4 (2 covered)
-
Existing w/ 1-2 Covered Spaces 2 -
Existing w/o Covered Space
Carport may be used for required
covered parking
-
ADUs Per BZO Sec. 24 (ADUs) -
Multi-Family Dwelling
Studio 0.5 per unit
2 per unit plus 0.5 per unit for guest
parking
1 bedroom 1 per unit
2 bedrooms 1.5 per unit
3 or more bedrooms 2 per unit
Emergency Shelters 1 per staff member -
Low Barrier Navigation Centers 1 per staff member -
Transitional, Supportive, and Permanent
Supportive Housing
None beyond what is required for the
housing type -
286
Table 8.2-2: Parking Standards in the R-2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Village Specific Plan Districts 1, 2
Minimum Maximum
Commercial Uses
Lodging
Hotels, Motels 0.5 per unit or lodging room 1 per room in the BVSP only; no max in all other zones
Retail and Service
Retail / Retail Stores 2 per 1,000 sf 4 per 1,000 sf
Furniture and Appliance Stores, Household
Equipment or Furniture Repair Shop 2 per 1,000 sf 4 per 1,000 sf Mortuary 2 per 1,000 sf 4 per 1,000 sf
Service and Repair Facilities (other than
Auto Service Station) 2 per 1,000 sf 4 per 1,000 sf
Automobile/Vehicle Sales and Services
Automobile Service Stations 2 per 1,000 sf 4 per 1,000 sf Car Wash 2 per 1,000 sf 4 per 1,000 sf
Motor Vehicle Sales and Machinery Sales As determined by Parking Demand Study Commercial Recreation
Bowling Alley 2 per 1,000 sf 4 per 1,000 sf
Theaters (indoor) 2 per 1,000 sf 4 per 1,000 sf
Eating and Drinking Establishments
Establishments Dispensing Food or
Beverages for Consumption on the Premises 2 per 1,000 sf 4 per 1,000 sf Offices
Offices - Business, Professional, Financial
and Government
Offices 3 per 1,000 sf 4 per 1,000 sf - Business, Professional, Financial and Government when Office and Retail
Uses are Mixed
Research and Development Facilities 1 per 600 sf 1 per 500 sf Note:
1 Minimum parking standards do not apply for residential, commercial, and industrial development on properties located within one half-mile radius of a major transit stop; however, minimum parking standards may be required for certain projects if the findings provided in Assembly Bill 2097 / Government Code Section 68563.2 can be made in the affirmative. 2 For non-residential uses, on-street parking spaces located immediately adjacent to the frontage of the property may be counted toward required off-street parking.
8.2.1 MINIMUM REQUIREMENTS
8.2.1.1 No Reduction in Off-Street Parking and Loading Spaces Off-street parking and loading spaces established as of the effective date of the ordinance codified in this section may not be reduced in number during the life of the building or land use below that which would be required for a new building or use of a similar type under the requirements of this section.
Off-street parking and loading spaces must remain permanently available and accessible for the parking or loading of vehicles by occupants of the property, except that any surplus spaces 287
may be rented out to non-occupants, or otherwise made publicly accessible with the provision that such spaces must be vacated on 30 days notice if they become needed by occupants of the property.
8.2.1.2 Separate Parking and Loading Spaces. No area may be utilized and counted both as a required parking space and a required loading space. However, maneuvering aisles and driveways may serve both required parking spaces and loading spaces if they meet the requirements specified in this Section for both parking and loading facilities.
8.2.1.3 Parking for Persons with Disabilities. The number, design, designation, and location of parking spaces for Persons with Disabilities must comply with State law. Such spaces will be counted towards the parking requirements of this Section.
8.2.1.4 Nonconforming Parking Facilities. Existing land uses with off-street parking and loading facilities that do not conform to the requirements of this section may be enlarged or expanded, provided that an in-lieu parking fee is paid, if established, or additional parking and loading facilities are added, either on-site or off-site, so that the parking needs for the enlarged or expanded portion of the building are met. Exceptions to this requirement may be granted by the Planning Commission for small sites and projects determined by the Commission to provide community benefits.
8.2.1.5 Unbundled Parking. The following rules will apply as conditions of approval to the rental of parking spaces in new Multi-Unit Residential buildings with ten or more rental units. The Community Development Director may grant an exception from the requirements of this subsection for affordable rental units that include financing for affordable housing that requires that costs for parking and housing be bundled together. (a) All off-street parking spaces that are beyond a base allowance of one per unit must be rented separately from the rental fees for dwelling units for the life of the dwelling units, such that potential renters have the option of renting a residential unit with only one parking space at a price lower than would be the case if there were a single price for both the residential unit and all of the parking space(s).
(b) In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential renters of three bedroom or more units, second to potential renters of two bedroom units, and then to potential renters of other units. (c) Potential renters of affordable units must have an equal opportunity to rent a parking space on the same terms and conditions as offered to potential renters of market-rate units, at a price proportional to the rent of their units as compared to comparable marketrate units. This requirement must be included in any agreement recorded between the City and developer pertaining to the affordable housing units under Section 29 (Affordable Housing).
(d) Parking spaces must be offered only to residents of the dwelling units served by the offstreet parking, except that any surplus spaces may be rented out to non-residents, or otherwise made available for public use, with the provision that such spaces must be vacated on 30 days’ notice if they are needed by residents. Required visitor spaces shall not be rented out, but may be made available for public use.
8.2.1.6 Garages/Carports/Uncovered Residential Parking. For residential uses, required offstreet parking located in the front half of a lot or within 25 feet of the side street on a corner lot must be covered with carport, garage or roofed structure except as allowed below. 288
Uncovered off-street parking may be located in the rear half of the lot when more than 25 feet from a side street.
8.2.1.7 Surface Parking Lots. Surface parking lots are subject to the following restrictions and standards. The area of a surface parking lot must include all features within the lot’s outer edges, including all parking spaces, maneuvering aisles, access driveways, and perimeter and interior landscaping, walkways, and other features.
(a) Large Parking Lots. If on-site parking for more than 50 spaces is needed, the parking facilities must be designed to have exceptional landscaping or design features, be located such that it is not highly visible from public rights-of-way, be provided within buildings or parking structures or in separate lots that are each less than two acres in size, or be otherwise covered by a structure that serves a non-parking function, such as solar panels, recreational facilities, roof deck, or green roof.
(b) Pedestrian Circulation. Parking lots containing 25 or more spaces must have walkways separated from motor vehicle maneuvering aisles and driveways connecting the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of such building or buildings.
(1) Materials and Width. Walkways must provide at least four feet of unobstructed width and be hard-surfaced.
(2) Identification. Pedestrian walkways must be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, curb separation, different paving material, or similar method. (3) Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the travel lane by a raised curb at least six inches high, bollards, or other physical barrier.
8.2.2 CALCULATION OF REQUIRED SPACES
8.2.2.1 Fractions. When calculating required parking or loading spaces, fractions of a space greater than 0.5 are rounded up to the next highest whole number.
8.2.2.2 Multiple Uses. When two or more principal uses are located on the same lot, the estimated peak period parking demand shall be the sum of the estimated demand of the various individual uses during the period of peak combined demand for all uses, as determined through a parking study prepared by a qualified individual or firm.
8.2.2.3 Area-Based Estimates. All area-based estimated peak period parking demands shall be computed on the basis of gross floor area, excluding parking and loading areas.
8.2.2.4 Exclusion of First 2,500 Square Feet. For all nonresidential uses , the first 2,500 square feet of active uses, as defined in Section 2.4.1 Active Use, shall be subtracted from the gross square footage of the use when calculating the estimated parking demand.
8.2.2.5 Motorcycle Parking. Every four motorcycle parking spaces are credited as one automobile parking space, not to exceed five percent of the total number of automobile parking spaces required. Motorcycle parking spaces must be no less than four feet wide by eight feet long with an aisle width of no less than 10 feet and clearly marked. 289
8.2.2.6 Minimum Parking Requirements. Except as otherwise provided in this Section and Government Code Section 65863.2, no less than the minimum number of parking spaces in Table 8.2-1 and Table 8.2-2 must be provided for each use or site.
8.2.2.7 Maximum Private Parking Requirements. Except as otherwise provided in this Section, no more than the maximum number of private, off-street parking spaces, as specified in Table
8.2-1 and Table 8-2.2, may be provided for each use or site.
8.2.3 DESIGN STANDARDS. The parking area design standards of this section apply to all offstreet parking. All required parking spaces and associated maneuvering aisles, driveways, and other related features must be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.
8.2.3.1 Parking Layout and Dimensions. The layout and dimensions of off-street parking facilities must conform to Figure 8.2.3-1 and Table 8.2.3-1, as further provided below. (a) Regulatory and Calculated Dimensions. Stall width, stall length, and aisle width, as shown in Table 8.2.3-1, are regulatory. Other dimensions shown in Table 8.2.3-1 are calculated from these required dimensions and are provided for convenience. (b) Stall Width and Length. As indicated in Table 8.2.3-1, the required minimum stall width and length for various parking angles are as set forth below. (1) Width. For parking angles of more than 30 degrees the minimum stall width is eight feet six inches. For parking angles of 30 degrees or less, the required minimum stall width is eight feet.
(2) Length. For all parking angles other than parallel parking, the minimum stall length is 18 feet. For parallel parking, the minimum stall length is 20 feet. (c) Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table
8.2.3-1, the required aisle width is interpolated from the values in the table. For example, for a parking angle of 70 degrees, which is two-thirds of the increment between 60 degrees and 75 degrees, the required one-way aisle width is 18 feet eight inches, which is two-thirds of the increment between the required aisle widths for 60-degree parking and 75-degree parking, 16 feet and 20 feet respectively. (d) Alternate Maneuvering Aisle and Parking Space Widths. For parking angles equal to or greater than 45 degrees and less than 90 degrees, one-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches. For 90-degree parking, one-way and two-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches and a minimum aisle width of twenty-two feet.
(e) Two-Way Modules. Table 8.2.3-1 provides the dimensions for parking modules with one-way traffic. For parking modules with two-way traffic, add the difference in width between a two-way aisle and a one-way aisle. For example, for a two-way module with a parking angle of 45-degrees, add eight feet, which is the difference between a two-way aisle (20 feet) and a one-way aisle (12 feet).
290
(f) Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet where the parking stall is designed to abut a landscaped area a minimum of five feet wide, such that the front of the vehicle can overhang the landscaped area. (g) Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required.
Figure 8.2.3-1: Parking Layout
Table 8.2.3-1: Parking Dimensions
Parking
Angle
Regulatory Calculated for Reference
Stall
Widt
h
Stall
Length
Aisle
Width
Stall
Width
Parall
el to
Aisle
Stall Depth Module (one-way)
One
-
Wa
y
Two
-
Wa
y
Interlockin
g
At
Wal
l
NonInterlockingInterlockin
g
HalfInterlocking 1
Parallel 8’-0” 20’-0” 12’-
0”
20’-
0”
-- -- -- 28’-0” -- --
30° 8’-0” 18’-0” 12’-
0”
20’-
0”
16’-0” 12’-6” 15’-
11”
43’-10” 36’-11” 40’-5”
45° 8’-6” 18’-0” 12’-
0”
20’-
0”
12’-0” 15’-9” 18’-
9”
49’-6” 43’-6” 46’-6”
60° 8’-6” 18’-0” 16’-
0”
20’-
0”
9’-10” 17’-9” 19’-
10”
55’-8” 51’-5” 53’-7”
75° 8’-6” 18’-0” 20’-
0”
20’-
0”
8’-10” 18’-6” 19’-
7”
59’-2” 57’-0” 58’-1”
90° 8’-6” 18’-0” 24’-
0”
24’-
0”
8’-6” 18’-0” 18’-
0”
60’-0” -- --
1 One side is interlocking and the other side is non-interlocking. 291
8.2.3.2 Driveways and Access. The layout and dimensions of off-street parking facilities shall be as set forth in Figure 8.2.3-1 and Table 8.2.3-1, as further provided below. (a) Driveway Width.
(1) Parking facilities containing fewer than 15 required parking spaces shall have only a single driveway of no less than nine feet and no more than 10 feet in width. (2) Parking facilities containing 15 or more required parking spaces may have one lane driveways of no less than nine feet and no more than 10 feet in width, and two-lane driveways of no less than 18 feet and no more than 20 feet in width. (b) Vehicle Flow.
(1) Except for those serving four or fewer residential units, all parking areas shall be designed so that a motor vehicle leaving the parking area will enter the public rightof-way traveling in a forward direction. (2) Parking areas shall be designed so that a vehicle will not have to enter a public rightof-way to move from one location to another within the parking area. (c) Semi-Circular Driveways.
(1) Notwithstanding the requirements in Section 8.2.4(c)(1), R-1 and R-2 Zones, semicircular driveways may be permitted in Single (R-1) or Duplex Residential (R-2) Districts, provided all of the following minimum property standards/requirements are met:
Table 8.2.3-2: Semi-Circular Driveways
Maximum percentage of allowed hardscape between the front of the dwelling and the front property line 35%
Minimum Lot Size 10,000 sq ft
Minimum Lot Frontage on Street 100 ft
Minimum Setback of Dwelling to Front Property Line 35 ft Maximum Width of Semi-Circular Driveway 12 ft
Maximum allowed cross slope between the front of the dwelling and the front property line 10%
Access Opening From Street 10-12 ft
(2) A maximum of two curb cuts and maximum sum total of 29 lineal feet for curb cuts per property are permitted in conjunction with a semi-circular driveway. (3) Semi-circular driveways do not count towards the satisfaction of required parking. (4) No portion of a semi-circular driveway may be located within the required side yard setback area for the property.
292
(5) Semi-circular driveways are not be allowed to span or be connected to both street frontages on corner lots.
(6) Establishment, replacement, or modification of a semi-circular driveway are subject to the Building and Encroachment Permit processes for the City. A landscape plan is required as part of the permit.
(7) Any new or replaced semi-circular driveway must be constructed with a permeable surface.
(8) Permanent or temporary structures are not permitted to be located on a semi-circular driveway.
(9) Recreational vehicles, trailers, camper shells, boats, boat or personal watercraft trailers, or any combination thereof may not, at any time, be parked or located on a semi-circular driveway.
(10) Abandoned, wrecked, dismantled, inoperative or unregistered motor vehicles, vans, minivans, pickup trucks or similar vehicles may not, at any time, be parked or stored on a semi-circular driveway.
(11) Any modification from these standards and requirements is subject to the procedure and findings in Section 10.
8.2.3.3 Surface. All outdoor parking spaces, driveways, and maneuvering areas must be designed, built and permanently maintained to avoid dust, mud and standing water and to maximize permeability, where feasible and appropriate. These surfaces may include traditional asphalt and concrete as well as pervious pavements, sand-set pavers, and supported turf systems. A combination of surfaces may be used; for example, two track driveways of concrete strips with pervious areas between the strips and on the edges. (a) Cross-grades. Cross-grades must be designed for slower stormwater flow and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.
(b) Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.
(c) Permeable Paving. Permeable paving, sand-set pavers, supported turf systems, and vegetation must be used in all overflow parking areas and installed in accordance with manufacturer recommended specifications.
(d) Turf Grids/Grassy Pavers. Turf grids/grassy pavers must be installed in areas of low traffic or infrequent use wherever feasible.
8.2.3.4 Striping and Marking. In all parking facilities with four or more spaces, each parking space must be clearly striped with paint or similar distinguishable material, except that the Director may approve alternate means of marking spaces.
8.2.3.5 Perimeter Curbing. A six-inch wide and six-inch high concrete curb must be provided along the outer edge of the parking facility pavement, except where the pavement abuts a fence or 293
wall. Curbs separating landscaped areas from parking areas must be designed to allow stormwater runoff to pass through.
8.2.3.6 Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width.
Commercial buildings with 10,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.
8.2.3.7 Vertical Clearance. All covered parking must have a minimum vertical clearance of seven feet and six inches except for spaces in parking lifts. The minimum vertical clearance for parking for persons with disabilities must comply with the Building Code.
8.2.3.8 Tandem Parking. Required parking may be arranged as tandem spaces, provided that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment, or that a full-time parking attendant supervises the parking arrangements during periods of peak demand for the uses served. The required stall width, stall length, and aisle width apply to tandem spaces, except that the required stall length is doubled for each pair of tandem spaces.
8.2.3.9 Parking Lifts. Required parking may be provided in parking lifts. If it is necessary to remove one vehicle from the lift to access another vehicle, the parking must comply with the provisions for tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. The dimensional standards for 90-degree parking apply to parking lifts, including the requirement for an aisle of 24 feet. Exterior parking lifts must be screened from public view.
8.2.3.10 Landscaping and Screening. Uncovered Parking Areas. Landscaping of parking areas must be provided and maintained as follows.
(a) Landscape Area Required. A minimum of 10 percent of the interior of any parking lot area must be landscaped.
(b) Minimum Planter Dimension. Landscape planters counted toward the required landscape area must be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.
(c) Layout. Landscaped areas must be well-distributed throughout the parking lot area.
Parking lot landscaping may be provided in any combination of:
(1) Landscaped planting strips at least four feet wide between rows of parking stalls (2) Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways
(3) Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
(4) On-site landscaping at the parking lot perimeter.
294
(d) Required Landscaped Islands. A landscaped island at least six feet in all interior dimensions and containing at least one 15-gallon-size tree must be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls. (e) Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least five feet wide must be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site.
(f) Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide must be provided between any surface parking area and any adjacent lot for the length of the parking area.
(g) Trees.
(1) Number Required. One for each five parking spaces.
(2) Distribution. Trees must be distributed relatively evenly throughout the parking area. (3) Species. Tree species must be selected from a list maintained by the City. (4) Size. All trees must be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.
(5) Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.
(h) Protection of Vegetation.
(1) Clearance from Vehicles. All required landscaped areas must be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb. (2) Planters. All required parking lot landscaping must be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.
(i) Visibility and Clearance. Landscaping in planters at the end of parking aisles may not obstruct driver’s vision of vehicular and pedestrian cross-traffic. Mature trees must have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot may not exceed 30 inches in height.
8.2.3.11 Landscaping for Parking Structures.
(a) Landscaped Buffer for Parking Structure. A parking structure that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least 10 feet wide between the parking garage and public street.
295
(b) Residential Districts and Institutional Premises. All open automobile parking areas containing more than four parking spaces must be effectively screened on each side adjoining or fronting on any property situated in a Residential District or any institutional premises by a wall, fence or densely planted compact hedge not less than four feet nor more than six feet in height. Screening must conform with the front and side yard setback requirements of the district in which the parking is located. (c) Parking Structure Rooftop Planting. Uncovered parking on the top level of a parking structure must have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor.
8.2.3.12 Screening. To the extent feasible, new parking areas should be screened from public streets and adjacent lots in a more restrictive district, according to the following standards. (a) Height. Screening of parking lots from adjacent public streets must be three feet in height. Screening of parking lots along interior lot lines that abut residential districts shall be six feet in height, except within the required front setback of the applicable zoning district, where screening must be three feet in height. (b) Materials. Screening may consist of one or any combination of the methods listed below. (1) Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as screening wall material unless capped and finished with stucco or other material.
(2) Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
(3) Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. The plant materials must achieve a minimum height of two feet within 18 months after initial installation.
(4) Berms. Berms planted with grass, ground cover, or other low-growing plant materials.
8.2.3.13 Lighting. Except for those facilities serving four or fewer residential units, all open parking areas must have with exterior lighting meeting the following minimums:
(a) The lighting system must provide not less than one footcandle and not more than five footcandles overall average illumination with a minimum of one-fourth footcandles on the parking surface.
(b) All lighting must be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to security lighting.
(c) All parking area lighting must meet applicable energy efficiency requirements of the Building Codes.
296
(d) All lighting must be designed to confine direct rays to the premises. No light fixture may emit any direct light above a horizontal plane through the fixture. No spillover beyond the lot line is permitted, except onto public thoroughfares.
8.2.3.14 Electric Vehicle Charging Stations. The number of required electric vehicle (EV) charging stations must be consistent with the number required by applicable Building Codes and the City’s Reach Codes at the time of permit application. These spaces may be counted towards parking requirements.
(a) Size. Electric vehicle charging stations must be the same size as other spaces, and electric vehicle charging equipment shall not reduce the size of the space. (b) Signage. Each electrical vehicle charging station must be clearly marked with a sign reading “Electrical Vehicle Charging Station” and the associated California Vehicle Code restrictions, and only a vehicle that is connected for electric charging may park in the stalls or spaces so designated.
(c) Equipment. Electrical vehicle charging stations must be wired for a minimum of 240 volts and 32 amps, designed to allow for future provision of higher amperage conduit, equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment, as necessary for public use.
8.2.4 LOCATION OF REQUIRED SPACES
(a) Location. Parking must be located either underground, or behind habitable, landscaped, or public plaza space or otherwise appropriately screened from view from a public street.
For purposes of this requirement, alleys are not considered public streets. Parking is not permitted to be located between a public street and a building, except on corner lots, if approved as a modification to development standards in accordance with Section 8.3. (b) Non-residential Uses. Required parking spaces serving commercial, office, and other non-residential uses must be located on the same lot as the use they serve, or in an offsite parking facility as provided in Subsection 8.2.5, Off-site Parking Facilities.
Figure 8.2-4: Parking Location
297
(c) Residential Uses.
(1) R-1 and R-2 Zones. For uses in a Single (R-1) or Duplex Residential (R-2) District, the following standards apply.
(A) Parking and garage space accessory to dwellings must be located on the same site as the use served.
(B) Uncovered parking spaces may extend into the unused portion of the right-ofway up to the outside edge of street improvements, such as sidewalk, provided they would not obstruct any existing or possible future street improvements that are necessary for public use (i.e., future sidewalk, curb or gutter installation, utility needs, etc.), as determined by the Public Works Director. (C) A required driveway area for a single or duplex residential dwelling may be used to satisfy the off-street uncovered parking requirement for such use(s) provided minimum stall dimensions as required Table 8.2.3-1 “Parking Dimensions” are met.
(D) Paving between the front of the dwelling and the front property line is limited to required driveways and one paved walkway to the front building entrance, of no more than 48 inches in width.
(2) All other Residential Zones. Required parking for residential uses must be located on the same lot as the dwelling served, or in a common parking area not more than 400 feet from the dwellings served. Parking may not be located within a required front setback area or yard or street-facing side setback area or yard.
8.2.5 OFF-SITE PARKING FACILITIES. A parking facility serving one or more non-residential uses located on a site other than the location of the use(s) may be used to satisfy the use’s on-site parking requirement so long as the parking is available under an enforceable parking agreement and approved by the Director if the standards of this subsection are met. 298
(a) Location. Any off-site parking facility must be located within 1,000 feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.
(b) Parking Agreement. A written agreement between the landowner(s) and the owner of the use in a form satisfactory to the City Attorney and recorded against the parking lot property in favor of the use property, which includes:
(1) A guarantee among the landowner(s) for access to and use of the parking facility; and
(2) Reasonable notice provisions so that replacement spaces can be secured if use of the off-site parking facility is terminated.
8.3 PARKING EXCEPTIONS, REDUCTIONS AND ALTERNATIVE COMPLIANCE.
The number of required on-site motor vehicle parking spaces may be modified in accordance with the provisions of this Subsection through the modification to development standards review process.
8.3.1 PARKING ANALYSIS. In order to evaluate a proposed project’s compliance with any the criteria within Section 8.3, the Community Development Director may require submittal of a parking analysis prepared by an independent traffic engineering professional approved by the City that substantiates the basis for granting any exception, reduction, and/or alternative compliance.
8.3.2 PARKING SPACES BELOW THE MINIMUM. To provide less than the minimum number of private parking spaces allowed by Table 8.2-1 or Table 8.2-2, the Community Development Director may approve the reduction, subject to the following criteria:
(a) The subject property is not zoned R-1;
(b) That adequate measures will be put in place through a Transportation Demand Management (TDM) program, to the satisfaction of the Community Development Director to reduce parking demand, such as promoting use of public transit, bicycling, and walking, and allowing modified working hours and telecommuting; and (c) The use will adequately be served by the proposed parking; and, (d) The use proposed is compatible with the surrounding area and would enhance development in the vicinity.
8.3.3 REDUCTION FOR SHARED PARKING. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced by the Community Development Director, subject to the following criteria:
(a) The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces; (b) The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately; 299
(c) In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions for Off-site Parking Facilities.
(d) The use will adequately be served by the proposed parking; and, (e) The Community Development Director finds that the use proposed is compatible with the surrounding area and would enhance development in the vicinity.
8.3.4 PARKING SPACES ABOVE THE MAXIMUM. To provide more than the maximum number of private parking spaces allowed by Table 8.2-1 or Table 8.2-2, the Community Development Director may approve the increase in parking spaces above the maximum, subject to the following criteria:
(a) For Excess Parking not Intended to be Shared. That the applicant has demonstrated that the additional parking is required to meet the anticipated parking demand of the proposed uses and that the additional parking will not adversely affect transit, bicycle, or pedestrian access to the site or other adjacent uses.
(b) For Excess Parking to be Shared. That all such excess spaces are designed and operated to be shared and publicly accessible parking spaces available for public use at any time.
Property owners may charge an hourly, daily, or monthly fee for use of any such public access parking provided in excess of the maximum off-street parking limits of this subsection.
8.3.5 ALTERNATIVE COMPLIANCE.
(a) Alternative Parking and Loading Plan. Where an applicant can demonstrate to the satisfaction of the Community Development Director that variations in the standards or dimensions otherwise required by this section are warranted for uses with unique needs, an alternative parking area design and loading plan may be allowed. To grant such exception the Community Development Director may approve the alternative parking and loading plan, subject to the following criteria:
(1) That the applicant has demonstrated that the alternative plan is a superior solution and the requested modifications in the design standards are warranted; and (2) That the alternative parking arrangement will be in place at all times during operation of the principal uses to be served by the parking.
(b) Valet Parking Permit. The Community Development Director can establish an administrative process to consider a Valet Parking permit. Valet Parking Permits may be issued as a means of satisfying all or a portion of the off-street parking requirement. Valet parking may be used to accommodate more parking spaces on the site of the principal use served by the parking than could be accommodated in conformance with the design standards of this section. It may also be used to provide off-site parking. The Community Development Director may issue a Valet Permit upon finding that the valet parking shall not cause interference with the public use of rights-of-way or imperil public safety.
8.4 BICYCLE PARKING
8.4.1 MINIMUM. Two short-term (Class 2) bicycle parking spaces are required per site plus the following:
300
(a) Multi-family Residential Uses. 1 additional Class 1 space per 20 units. (b) Retail and Service Uses. For buildings over 10,000 square feet gross floor area, 1 additional short-term (Class 2) space and 1 additional long-term (Class 1) space per incremental 10,000 square feet occupied by tenants with more than 2,500 square feet of space.
(c) Office Uses. 1 additional short-term (Class 2) space per 20,000 square feet, and 1 additional long-term (Class 1) space per incremental 5,000 square feet. (d) Exemptions for Small Sites. The Director may grant an exemption from the bicycle parking requirement for sites with less than 10,000 square feet if on-street (Class 2) public bicycle parking is provided on the block face.
8.4.2 LONG-TERM (CLASS 1) BICYCLE PARKING. Long-term bicycle parking must be located on the same site as the use it serves, and must be in an enclosed bicycle locker, or a fenced, covered, and locked bicycle storage area.
8.4.3 SHORT-TERM (CLASS 2) BICYCLE PARKING.
(a) Short-term bicycle parking must be located within 100 feet of the primary building entrance and must be visible from the street or from the main building entrance. Shared bicycle parking facilities are encouraged, when in compliance with these standards. (b) Bicycle parking must be located on private property, unless the Public Works Director approves an encroachment permit for bicycle parking within the public right-of-way.
Any bicycle parking in the right-of-way must be located in the curb zone; a minimum of four feet width of clear sidewalk or 10 feet width of public alley must remain unobstructed for pedestrian or vehicle uses.
8.4.4 STANDARDS FOR ALL BICYCLE PARKING.
(a) Class 1 Long-Term Bicycle Parking Spaces. Class 1 spaces must be located with direct access for bicycles without requiring use of stairs. The location of such spaces must allow bicycles users to ride to the entrance of the space or the entrance of the lobby leading to the space. The design must provide safe and convenient access to and from bicycle parking facilities. Use of elevators to access Class 1 spaces must be minimized. In residential buildings, Class 1 space may not be provided within dwelling units, on balconies, or in required outdoor living area. Class 1 bicycle parking must be located:
(1) On the ground floor within 100 feet of a major entrance to the lobby. There must be either:
(A) Convenient access to and from the street to the bicycle parking space and another entrance from the bicycle parking space to the lobby area, or (B) A minimum five foot wide hallway or lobby space that leads to the bicycle parking entrance, where direct access to bicycle parking space from the street does not exist. Such access route may include up to two limited constriction points, such as doorways, provided that these constrictions are no narrower than three feet wide and extend for no more than one foot of distance. 301
(2) In a structured parking facility, on the first level of automobile parking either above or below grade, near elevators or other pedestrian entrances to the facility. (b) Class 2 Short-Term Bicycle Parking Spaces. Class 2 spaces must be located, as feasible, near all main pedestrian entries to the use to which they are accessory. Class 2 bicycle parking may be on a sidewalk or in place of an on-street auto parking space, within 100 feet of a main entry to the building. If existing Class 2 bicycle parking in the required quantities already exists in a public right-of-way immediately fronting a project site, and such spaces are not satisfying bicycle parking requirements for another use, such parking shall be deemed to meet the Class 2 requirement for that project. (c) Design and Installation.
(1) A bicycle parking space must be in a paved, level, drained, lighted area with access to a right-of-way without the use of stairs, and must consist of either:
(A) One side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one wheel to be locked to the rack element with one lock; (B) For Class 1 long-term parking only, a bicycle locker constructed of theftresistant material with a lockable door that opens to the full width and height of the locker. Bicycle lockers must be weather-proof if exposed to the elements; or (C) For Class 1 long-term bicycle parking only, wall-mounted racks or wall- or ceiling-mounted hooks so that bicycles may be hung vertically. (2) Each bicycle parking space must be no less than 15 inches wide, by six feet deep, with an overhead clearance of no less than seven feet. This can be satisfied by placing racks, each of which supports two bicycles, 30 inches apart. (3) Each row of bicycle parking spaces must be served by an aisle no less than four feet wide. Rack elements must be placed two feet from walls, fences or curbs. (4) Required bicycle parking may not be tandem; parking or removing a bicycle may not require moving another parked bicycle.
(5) Bicycle rack elements must be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges must be secured with no exposed fittings or connectors. The Director may specify preferred installation methods, such as, but not limited to, embedded mounting in poured-inplace concrete, recessed bolt heads or grouted-in anchoring. (d) Location.
(1) Direct access from the bicycle parking to the public right-of-way must be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance shall also be provided.
(2) Where bicycle parking is not directly visible and obvious from the right-of- way, signs must be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate. 302
(3) Bicycle parking must be separated from automobile parking by a sufficient distance to prevent damage from moving automobiles or their loading and unloading. (4) All long-term bicycle parking areas must be equipped with at least one electrical outlet that supports e-bike charging.
(5) Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it. (6) The placement of bicycle parking, bicycle rack elements and bicycle lockers may not interfere with pedestrian circulation.
8.4.5 REMOVAL OF ABANDONED BICYCLES. Property owners must remove abandoned bicycles from short-term and long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one month. This requirement does not preclude provision of seasonal bicycle storage.
8.5 LOADING REQUIREMENTS
8.5.1 NUMBER OF SPACES REQUIRED. The off-street loading requirements are specified in Table 8.5-1 below.
Table 8.5-1: LOADING REQUIREMENTS
Use Type Number of Spaces Size (See Sec. 8.5.2 below)
Residential Use Types
Multi-Unit
Less than 50 units none
50 to 149 units 1 small
150 units, or more 2 small
Commercial and Institutional Use
Offices – All
Less than 25,000 gross square feet none
25,000 to less than 100,000 gross square
feet
1 medium
100,000 or more 2 medium
Research and Development Facilities
10,000 to 99,999 gross square feet 1 medium
100,000 to 199,999 gross square feet 2 medium
200,000 or more 3 medium
All Other
Less than 10,000 gross square feet none
10,000 to less than 20,000 gross square
feet
1 medium
20,000 to less than 40,000 gross square
feet
2 medium
303
40,000 to less than 80,000 gross square
feet
2 large
Each additional 40,000 gross square feet
or fraction of one-half or more thereof
1 large
8.5.2 SIZE OF SPACES. The size of each type of loading space shall be as follows:
(a) Small. Small loading spaces must have a width of no less than 10 feet, a length of no less than 25 feet, and a vertical clearance of no less than eight feet (b) Medium. Medium loading spaces must have a width of no less than 12 feet, a length of no less than 35 feet, and a vertical clearance of no less than 14 feet. (c) Large. Large loading spaces must have a width of no less than 12 feet, a length of no less than 50 feet, and a vertical clearance of no less than 14 feet.
8.5.3 MODIFICATIONS. In approving a project, the Director or the Planning Commission, as the case may be, may modify the number and size of loading spaces required because of the nature of the use or the design of the project.
8.5.4 MANEUVERING AREAS. All off-street loading spaces must be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces. Maneuvering areas must be designed to accommodate the largest vehicle intended to use the loading spaces and must not be encumbered by parking stalls or physical obstructions.
8.5.6 SURFACE AND MAINTENANCE. Loading spaces and the maneuvering areas and driveways serving them must be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights; graded for drainage; and maintained in good condition free of weeds, dust, trash, and debris.
8.5.7 LOCATION.
(a) Loading spaces must be located on the same lot on which the use for which they are required is located except as provided in (b).
(b) With a conditional use permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within 300 feet of the lot on which the use requiring the loading spaces is located. To grant such a conditional use permit, the Planning Commission must make the following findings in addition to the findings otherwise required:
(1) That the common loading area results in a more efficient design than individual loading areas serving each use separately;
(2) That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility; and
(3) That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.
304
(c) No loading berth for vehicles over two tons in capacity is closer than 50 feet to any property in a Residential District unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet in height.
No permitted or required loading berth is located within 25 feet of the nearest point of any street intersection.
8.5.8 ACCESS TO TENANT SPACES SERVED BY LOADING SPACES. Buildings served by loading spaces must be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces of sufficient width and height to accommodate all material to be loaded and unloaded.
8.5.9 AVAILABILITY AND UTILIZATION OF LOADING SPACES. All loading spaces must be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces must advise drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, require drivers to use such loading spaces, and not allow pick-up and delivery vehicles to be loaded in the public right-of-way.
8.5.10 IDLING. Where adjacent to residential uses, vehicles may idle no longer than is reasonably necessary to load or unload passengers. Idling vehicles while goods are loaded or unloaded is prohibited.
8.5.11 LANDSCAPING AND SCREENING. All loading spaces and the maneuvering areas and driveways serving them must be landscaped and screened as required by this section.
8.5.12 LIGHTING. All exterior loading spaces and the maneuvering areas and driveways serving them must be provided with lighting meeting the minimums established for parking areas.
8.6 TRANSPORTATION DEMAND MANAGEMENT. All projects are subject to the requirements of the Belmont Transportation Demand Management Program (TDM). The Program’s Report and Guidebook, summary information sheet, and application form are available at the Belmont Community Development Department and on the City’s Community Development webpage.
SECTION 51. BZO §9.5.4 AMENDED
Belmont Zoning Ordinance Section 9.5.4 is amended to read.
9.5.4 ACCESSORY BUILDINGS
(a) Accessory buildings as regulated herein are permitted in any district, if constructed either at the same time as the main building on the lot, or subsequently. (b) In any R District, non-habitable one story detached accessory buildings and accessory structures (i.e. garages and storage sheds) may occupy part, but not more than 40 percent, of the required yard areas; provided however, that no detached accessory building shall be located in front of the main building.
(c) Detached accessory dwelling units may occupy required yard areas, as provided in Section 24.
SECTION 52. BZO §10.3 AMENDED
305
Belmont Zoning Ordinance Section 10.3is amended to read:
10.3 ZONING ADMINISTRATOR. In accordance with Government Code Section 65900, there is hereby established the office of Zoning Administrator. The Director of the Community Development Department is to perform the functions of the Zoning Administrator which the Director may delegate to staff of the Community Development Department under the Director’s supervision. Decisions either by the Director or the Community Development Department in general that are authorized by the Zoning Ordinance are decisions by the office of the Zoning Administrator.
SECTION 53. BZO §10.8.2 AMENDED
Belmont Zoning Ordinance Section 10.8.2 is amended to read:
10.8.2 Application Requirements.
(a) An applicant may request an alternative application format if necessary to ensure accessibility.
(b) The applicant may be the person with the disability or his or her representative. (c) The application must include:
(1) The basis for the claim that the individual is considered disabled under fair housing laws;
(2) The zoning provision, regulation or policy from which reasonable accommodation is being requested;
(3) An explanation why the reasonable accommodation is necessary to make the specific property accessible to the individual;
(4) Plans showing the details of the proposal.
(d) If the project for which the request for reasonable accommodation is being made also requires some discretionary approval under this Ordinance (including but not limited to a conditional use permit, design review, variance, or zoning amendment), the application for reasonable accommodation must be submitted with the related applications and reviewed at the same time.
SECTION 54. BZO §10.8.4 AMENDED
Belmont Zoning Ordinance Section 10.8.4 is amended to read:
10.8.4 Findings And Decision.
(a) Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth in this subsection. An application under this Section for a reasonable accommodation shall be granted if all of the following findings are made:
(1) The housing, which is the subject of the request, will be used by an individual disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
306
(2) The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
(3) The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.
(4) The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.
(5) There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.
(b) In granting a request for reasonable accommodation, the approving authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (a).
SECTION 55. BZO §13.2.1 AMENDED
Belmont Zoning Ordinance Section 13is amended to read:
13.2.1 SCOPE
(a) Design Review approval under Section 13 (“Design Review”) is required for all new structures and exterior alteration of structures not governed by Section 13A (“Single Family and Duplex Design Review) and Section 24 (“Accessory Dwelling Units”) (b) “Exterior alteration” includes replacing elements such as windows or doors and repainting or refinishing with design, elements, materials or colors different than previously approved.
SECTION 56. BZO §13.3.1 AMENDED
Belmont Zoning Ordinance Section 13.3.1 is amended to read:
13.3.1 PROJECT REQUIREMENTS
(a) Landscape design features must occupy at least 10% of the gross site area unless the district regulations specify otherwise.
(b) Required landscape design features must consist of one or more of the following:
(1) Plantings of live plant materials.
(2) Large-scale sculptures, fountains and similar urban art related to building design. (3) Specially designed plazas, courtyards, sitting areas or walkways. (c) For new or substantially altered landscape plans, preferred tree and plant species identified in the City’s preferred tree species list and the Green Infrastructure Plan, as applicable, must comprise at least 75% of the overall planting materials, except as 307
required to meet water efficiency and vegetation management requirements. For the purposes of this subsection, “substantial alteration” means altering more than 50% of the site’s total landscape area.
(d) Landscape plans must be consistent with the Water Efficiency in Landscape Ordinance (WELO), adopted by the City’s water provider, Mid-Peninsula Water District (MPWD), as applicable.
(e) Unless specifically exempted by the Fire Marshal, properties within high or very high fire hazard severity zones must include vegetation management plans (VMP), as part of the landscape plan submittals.
(f) All landscaped areas including, but not limited to: lawns, shrub areas, ground cover areas, tree wells and raised or on grade planters must be equipped with a complete underground irrigation system.
(1) The system must be operated by an automatic time clock when the number of sprinkler control valves is five or more.
(2) When the landscaped areas are small or of such design as to warrant, in the judgment of the Community Development Director, the irrigation of all or some planting areas may be accomplished by quick coupler valves or hose bibs. (g) All new surface parking lots must include landscaping and screening consistent with Section 8.2.3.
SECTION 57. BZO §13.4.4 AMENDED
Belmont Zoning Ordinance Section 13.4.4 is amended to read:
13.4.4 APPEALS
(a) Design Review entitlement decisions are governed by Section 10.11 except as follows. (b) For CDD determinations, the applicant may appeal a Design Review determination to the Planning Commission. A decision on review by the Planning Commission is final unless appealed by the applicant.
(c) For ZA determinations, the applicant and a property owner within 300 feet of the project site may appeal the determination to the Planning Commission. The Planning Commission may either affirm the underlying determination or forward the appeal to the City Council with a recommendation to approve, approve with conditions, or deny the project.
(d) The City Council finds that the Design Review determinations ordinarily made at the CDD level shown in Table 13.4 do not have the potential to substantially or significantly adversely affect the property rights of other property owners, and that Design Review determinations at the ZA level shown in Table 13.4 do not have the potential to substantially or significantly adversely affect the property rights of other property owners beyond neighboring property owners. The City Manager, in consultation with the City Attorney, may expand the scope of notice and opportunity to appeal from CDD or ZA level determinations if necessary due to facts peculiar to the proposed project to provide due process.
308
SECTION 58. BZO §13.6 AMENDED
Belmont Zoning Ordinance Section 13.6 and all its subsections are amended to read:
13.6 OBJECTIVE DESIGN STANDARDS. The objective design standards under Section 13.6 apply to new or substantially modified buildings within the scope of Section 13.2 unless the regulations for the particular use or district provide otherwise. For the purposes of this Section, a substantial modification means an addition of, or an alteration to, more than 50% of exterior building walls of the existing building.
13.6.1 BUILDING DESIGN
(a) Buildings shall carry the same design theme on all elevations. For the purposes of this design standard, a theme includes primary (non-accent) materials and colors. Except in cases when the entire building is remodeled, building renovations and additions shall be consistent with the original structure in form, style, materials, and colors. (b) Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
(c) Buildings of three stories or greater must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a street, adjacent public park or public open space.
(d) Buildings of two stories or greater must include one or more articulating features (offsets, recesses, or projections) above the ground floor of the building for at least 50% of the primary frontage and corner street side frontage, and, for multifamily buildings in an R district, any elevation visible from a public right-of-way, public park or public open space. The distance between features shall be no greater than 25 feet. When used, the minimum length and depth of these features shall be as follows:
(1) Projection, offset, or recess of the building wall must be at least one foot in depth and five feet in width.
(2) Projection of bow, greenhouse or garden windows must be at least eight inches in depth at the farthest point from the exterior walls of the building and five feet in width.
(3) Projection of bay windows must be at least 10 inches in depth measured at the farthest point and five feet in width.
(4) Projection of dormers must be at least two feet in depth measured at the farthest point from the exterior walls or roof surface of the building and four feet in width. (5) Balconies and decks must be at least four feet in depth and five feet in width. (6) Projected or recessed covered porch areas must be at least four feet in depth and width.
(e) In mixed-use and commercial building design, tenant-designed storefronts and associated outdoor spaces may have diverse styles that will not necessarily match the rest 309
of the façade. However, individual tenant façade designs shall not span vertically beyond the ground floor height of the building and there shall be elements of the tenant-designed frontages that unify its design as provided below.
(1) Awnings and Marquees. When used, awnings and marquees on a multiple storefront building need not be identical in design but shall be located within the building elements framing storefront openings and shall be of the same height above the adjacent sidewalk. The rigid framework for awnings, and marquees shall be no lower than eight feet above the sidewalk under it.
(2) Base Panel. When used on a multiple storefront building, a base panel shall be provided across the entire width of the storefront bay and between the vertical elements framing the bay for all of the storefronts within the building. The base panels shall be 30" or lower, measured above the sidewalk. (3) Signage Band. When used, a horizontal band or frieze that could be used as a signage band shall be incorporated at the top of all of the storefronts within a multiple storefront building.
(f) Blank walls on the ground floor (facades without doors or windows) shall be no greater than 25 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas. Such blank wall areas shall include landscape screening (trees, shrubs, or green wall) for the entire length of the wall area at a minimum of 50% of the height of the wall. An exception to this standard may be granted by the reviewing authority when an alternative means is proposed that would articulate 50% or more of the affected building wall, or when a public art project or mural is approved, which separately or together extend along the entire length of the affected building wall. (g) On multifamily buildings in R districts, window wall openings for garage ventilation must screen the view of vehicles parked within the garage, as seen from public vantage points.
(h) Rooflines shall be vertically articulated at least every 50 feet along the street frontage through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height or form.
(i) Trim surrounds of no less than one inch in depth shall be provided at all exterior window and door openings. In lieu of exterior door and window trim, windows and doors may be recessed from wall plane by a minimum of two inches.
(j) When used, belly bands, timbering and stone/brick base must be at least two inches in depth.
(k) A minimum of 5/8-inch thickness is required for panel siding. For board and batten siding, the battens are required to be a minimum of 5/8-inch thickness.
13.6.2 ROOFTOP EQUIPMENT. All roof-top equipment shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). The point of view for determining visibility shall be five feet above grade at the ground floor level of the building. If the roof structure does not provide this screening, an equipment screen shall be included in the building design. Said screen shall incorporate the same architectural design, colors, and materials as the building.
310
13.6.3 GROUND EQUIPMENT SCREENING. All exterior trash, recycling, and storage utility boxes, wood service poles, and electric and gas meters shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks).
Said screening shall incorporate the same architectural design, colors, and materials as the building, perimeter fencing, or landscaping.
13.6.4 REFUSE CONTAINERS. Refuse containers must be designed in accordance with the following standards:
(a) When individual garbage cans are used, they must either fit in the garage or into a special enclosure.
(b) When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. (c) All dumpster enclosures shall be a minimum of six feet tall and shall be sized to accommodate the needed dumpsters and recycling containers. (d) Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties) or more than 100 feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.
13.6.5 LIGHTING DESIGN. Lighting must be designed to provide the minimum lighting levels required for safety without undue glare off-site. All exterior lighting shall include fully cutoff fixtures in accordance with Section 2.72.1. Surface parking lot lighting shall be consistent with Sections 8.2.13 and 8.5.12. Flood light, up-lighting, flashing, pulsating or similar dynamic lighting shall not be used. An exception to allow for up-lighting may be approved by the decision maker when a mural or public art project is approved that utilizes uses uplighting.
13.6.6 COLOR OF EXTERIOR MATERIALS. Exterior building facades, roofing materials, fences, walls, and other structures visible from public vantage points shall be muted or earthtone colors. Extreme colors and unpainted or untreated metallic surfaces shall not be used when visible from public vantage points. For the purposes of this section, extreme color shall be defined as unmuted primary colors, neon colors, and metallic colors. An exception to this standard may be approved by the reviewing authority.
SECTION 59. BZO §31.6 AMENDED
Belmont Zoning Ordinance Section 31.6 and all its subsections are amended to read (all subsections not shown are deleted):
31.6 PARKING STANDARDS.
31.6.1 Parking. Parking shall be provided generally as indicated in Section 8, Table 8.2-1:
Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.2, E-2.3, M, M.E. S-1 and S-2 Special Combining Districts, OS-P and P2 and Table 8.2-2: Minimum Parking in the R-2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Specific Plan Districts.
31.6.2 Parking Structures.
(a) Wrapping. At least 60 percent of the street-facing perimeter of above-ground parking structures should be wrapped with habitable space.
311
Figure 31-7: Above Ground Parking Structures Wrapped with Habitable Space
(b) Reduction through Development Standard Modification. Modifications to the percent of the perimeter required to be wrapped with habitable space may be allowed through the modification process if the Planning Commission finds that:
(1) The design quality of the garage is equivalent to habitable space; and, (2) The ground level is screened with landscaping.
SECTION 60. EFFECTIVE DATE.
This Ordinance takes effect 30 days after its adoption. * * *
The City Council of the City of Belmont, California introduced the foregoing ordinance, on [insert date], 2012 and adopted the ordinance at a regular meeting held on [insert date], 2012 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
312
RESOLUTION NO. 2025–22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT RECOMMENDING THE CITY COUNCIL AMEND SECTION 2 (DEFINITIONS), SECTION 4 (RESIDENTIAL), SECTION 5A (CORRIDOR MIXED USE), SECTION 8 (OFF-STREET PARKING AND LOADING), SECTION 9.5.4 (ACCESSORY BUILDINGS), SECTION 10.8 (PROCEDURES), SECTION 13 (DESIGN REVIEW) AND SECTION 31.6 AND 31.7 (VILLAGE DISTRICTS) OF THE BELMONT ZONING
ORDINANCE TO INCLUDE A SERIES OF ZONING TEXT AMENDMENTS WHEREAS, the Belmont General Plan, including the Housing Element, includes several identified purposes, goals and policies in support of implementing the vision of the City, allowing implementation of standards to assure consistency with the General Plan, support of economic growth and development of private property; and, WHEREAS, since adoption of the Belmont General Plan in 2017, staff has been provided the opportunity to evaluate existing land use policies and regulations through the processing of development applications; and,
WHEREAS, on September 10, 2024 the City adopted an updated Housing Element for the time period 2023-2031; and,
WHEREAS, in the last several years State laws related to housing, planning and zoning have been updated repeatedly; and,
WHEREAS, the City’s zoning regulations should be updated to address land use, parking and other standards with the City’s General Plan goals, including the Housing Element, and to be in compliance with State Law; and,
WHEREAS, these zoning text amendments are exempt from the provisions of the California Environmental Quality Act (CEQA) per the “common sense exemption” CEQA Guideline Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and, WHEREAS, on January 23, 2024 the City Council held a study session to consider proposed amendments to height and other development standards in the Corridor Mixed Use (CMU) District, other proposed amendments to the Zoning Ordinance related to the Housing Element, and other Zoning Ordinance amendments to streamline processing of housing projects to be consistent with State law, and provided direction to staff; and, WHEREAS, the Community Development Director is authorized by the Belmont Zoning Ordinance to initiate an amendment of any zoning regulation; and, WHEREAS, on September 16, 2025 the Planning Commission held a duly noticed public hearing to consider public testimony and a staff report, and recommends the City Council amend Zoning Ordinance Sections 2, 4, 5A, 8, 9.5.4, 10.8, 13, 31.6, and 31.7; and, 313
WHEREAS, after reviewing all the relevant evidence before the Planning Commission, including the information provided in the staff report and attachments to the Planning Commission, the public meeting, public correspondence and testimony received, the Planning Commission incorporates herein by reference and adopts the analysis and findings in the staff report to the Planning Commission dated September 16, 2025 as its own findings of fact under Section 16 of the Belmont Zoning Ordinance related to Zone Text Amendments.
NOW, THEREFORE, BE IT RESOLVED that the proposed amendments to the Belmont Zoning Ordinance are consistent with the objectives of the City’s Zoning Ordinance and General Plan, including the Housing Element.
AND BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Belmont recommends the City Council amend the Belmont Zoning Ordinance as described in the Planning Commission staff report and attachments, dated September 16, 2025 and inclusive of any modifications recommended by the Commission and provided as part of the public record.
The recommended amendments are as follows:
1. Amend the following Sections of the Zoning Ordinance as detailed in the following Exhibits A-H attached hereto with recommendations related to Exhibits B and G as specified below:
• Exhibit A - Section 2, Definitions
• Exhibit B - Section 4, Residential, with the additional recommendation for staff to evaluate adding language pertaining to residential care facilities to specify such facilities shall only be allowed in single family residences to the extent such language is permissible by State Law, and if not, suggest any new, regulatory language that could be permissible by state law with the intent to mitigate any impact to single family neighborhoods to the extent feasible. • Exhibit C - Section 5A, CMU
• Exhibit D - Section 8, Parking
• Exhibit E - Section 9.5.4, Accessory Buildings
• Exhibit F - Section 10.8, Procedures
• Exhibit G - Section 13, Design Review, with the additional recommendation that:
o Staff does not include any amendments changing the review authority for any “Housing Development Projects as defined by the Housing Accountability Act, Government Code Section 65589.5(h)(2) that for any project not defined “ministerial” or “by-right” by State Law.
o Staff does not include any amendments changing the review authority for any project types currently assigned to either the Zoning Administrator and/or Planning Commission.
• Exhibit H - Section 31 (partial, 31.6 and 31.7 only), Village Districts.
1. Additional amendments to Sections 9.7.5 “Transitional Yards – C and M Districts” to increase the front, rear, and/or side lot lines to 15 feet, plus an additional 5-foot stepback starting at the third floor and for every two floors thereafter for any property in the CMU District that abuts an R-1 District. 314
3. Consider the following items for analysis and future discussion following direction by the City Council:
• Consider and evaluate the ability to create design standards for parking garages that do not face El Camino Real.
• Consider and evaluate potential options on any changes to reviewing authorities for Design Review and/or other entitlement projects in compliance with State Law, including proposed public noticing approaches.
* * *
ADOPTED September 16, 2025 by the City of Belmont Planning Commission by the following vote:
Ayes: Jadallah, Twigg, Adamkewicz, Kramer, Kulich____________________________ Noes: None______________________________________________________________
Absent: Majeski___________________________________________________________ Abstain:None_____________________________________________________________ ATTEST:
_____________________________
Carlos de Melo
Community Development Director
315
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 1
DEFINITIONS
Editor’s note: current through Ordinance 2023-1171
2.1 GENERAL PROVISIONS - For the purposes of this Ordinance certain terms used herein are defined as set forth in this and the following sections. All words in the present tense include the future tense; the plural number includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, not directory.
2.2 ACCESSORY BUILDING - A building which is subordinate to, and the use of which is incidental to that of the main building or use on the same lot; including detached accessory dwelling units.1
2.3 ACCESSORY USE - A use incidental and subordinate to the principal use of the premises, which does not alter the essential characteristics of the use considered as a whole and as related to other uses permitted in the same district.
2.3.1 ACRE, NET – Mmeans area of a site or lot, excluding land to be dedicated for required easements for vehicles or rights-of-way, either public or private, land that is unbuildable because of floodr hazards, and land to be dedicated for parks, schools, and other public uses.2
2.4 ACREAGE - Any tract or parcel of land in common ownership having an area of one acre or more which is not designated as a lot or parcel on a subdivision map.
2.4.1 ACTIVE USE – means a street-level land use that engages pedestrians and provides “eyes” on the street. Examples include retail shops, restaurants, personal services, and offices serving walk-in clientele.3
2.5 ADMINISTRATIVE - Pertaining to the performance of executive duties, or directing the execution, application or conduct of duties of an office, business or institution.
2.6 AGRICULTURE - Tilling of soil; horticulture; floriculture; forestry; viticulture; raising crops; livestock; farming; dairying; animal husbandry; including all uses customarily accessory and incidental thereto, but excluding slaughter houses, fertilizer works, bone 1 Amended by Ord. 999, 05/27/04; Ord. 2017-1118, §1, 5/23/2017 2 Added by Ord. 2017-1124, §1, 11/28/2017
3 Added by Ord. 2017-1124, §2, 11/28/2017
Exhibit A
316
Belmont Zoning Ordinance
Section 2, Page 2 | City of Belmont | Draft Zoning Amendments yards, and commercial feed lots including cattle feeding and the feeding of garbage or offal to swine or other animals, or plants for the reduction of animal matter.
2.7 AIRPORT - Any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures and/or facilities thereon.
2.8 ALLEY - A minor public way providing secondary access at the back or side of a property.
2.8.1 ALTERNATIVE FUELS AND RECHARGING FACILITY – means a facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles.4
2.8.2 ANIMAL RETAIL SALES (PET SHOPS) – means retail sales and boarding of domestic animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.5
2.9 ANIMAL CLINIC AND ANIMAL HOSPITAL:6
(a) ANIMAL CLINIC - Any building or portion thereof designed or used exclusively for the medical or surgical treatment of animals, birds, or pets of any kind. (b) ANIMAL HOSPITAL - Any building or portion thereof designed or used for the care or treatment of cats, dogs, or other animals.
2.9.1 ANTENNA: "Antenna" means any composition of metal, wire, fiberglass or other substance which together with its necessary supports, grounding rods, and other external components is constructed for the purpose of receiving or transmitting electronic signals.
2.9.2 ANTENNA, DISH-TYPE: "Dish-type antenna" means any antenna external to or attached to the exterior of any building or structure, which is parabolic or semi-circular in crosssection.7
2.9.3 ANTENNA HEIGHT: "Antenna height" means the height of the entire antenna apparatus measured from the point of mounting to the point of highest possible extension of the antenna.8
4 Added by Ord. 2017-1124, §3, 11/28/2017
5 Added by Ord. 2017-1124, §4, 11/28/2017
6 Amended by Ord.394, 05/27/68
7 Amended by Ord.759, 1/13/87
8 Amended by Ord.759, 1/13/87
317
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 3
2.10 APARTMENT - A room or suite of rooms in a multiple-family structure, which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities, permanently installed.
(a) APARTMENT HOTEL, EFFICIENCY UNITS OR SINGLE ROOM OCCUPANCY (SRO) UNITS - “Apartment hotel”, “efficiency units” or “single room occupancy (SRO) unit” mean a dwelling unit containing only one habitable room for occupancy by no more than two (2) persons, and containing a minimum of 220 square feet of living space. These units are considered a residential use and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.9
2.11 AUTOMOBILE SALES LOT - Premises on which new or used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade.
2.12 SERVICE STATION – Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with ancillary activities, such as: providing minor vehicle repair services; conducting state inspections (e.g. “smog checks”); selling automotive oils, replacement parts, and accessories; and providing incidental food and retail services.10
2.13 AUTOMOBILE WRECKING YARD - Any use of premises, excluding fully enclosed buildings, where on two or more motor vehicles not in operating condition are standing more than 30 days, or on which used motor vehicles, or parts thereof, are dismantled or stored.
2.14 BALCONY - A platform, enclosed by a parapet or a railing, projecting from an exterior wall of a building and open to the sky.
2.15 BASEMENT - That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
2.16 BEDROOM - Any fully enclosed room at least seventy square feet or more in area in a residential structure which has heat, ventilation, electricity, a window and a closet may be considered a bedroom. Living rooms, dining rooms, kitchens, dens, bathrooms, or 9 Amended by Ord. 2014-1079, §1, 8/26/2014
10 Amended by Ord. 474, 06/28/71; Ord. 2017-1124, §5, 11/28/2017 318
Belmont Zoning Ordinance
Section 2, Page 4 | City of Belmont | Draft Zoning Amendments other similar rooms are not considered bedrooms. Bedrooms do not include rooms that are clearly incidental to the other living spaces of the home, such as laundry rooms, rooms that are left open to adjacent living areas of the home, alcoves and breakfast nooks, and rooms accessed solely through bedrooms of the home, such as walk-in closets.11
2.17 BLOCK - The space along one side of a street between the two nearest intersecting streets or between an intersecting street and a right-of-way, waterway, or other similar barrier, whichever is lesser.
2.18 BOARDING HOUSE - A building other than a hotel or restaurant where meals are provided for compensation to three or more persons, but not more than 12 persons, who are not members of the householder's family.
2.18.1 BORDERING PROPERTIES – Bordering properties mean lots that abut a project site, and lots that are separated from a project site only by a public right-of-way or access easement.12
2.19 BUILDABLE AREA - The space within the setback lines remaining on a lot after the minimum open space requirements of this Ordinance have been complied with.
2.20 BUILDING - Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
2.21 BUILDING, COMPLETELY ENCLOSED - A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls pierced only by windows and normal entrance or exit doors.
2.22 BUILDING, DETACHED - A building surrounded by open space on the same lot.
2.23 BUILDING, EXISTING - A building erected prior to the effective date of this Ordinance, or one for which a legal building permit has been issued. 11 Amended by Ord. 1006, 4/21/05; Ord. 1029, 07/24/07; Ord. 2016-1106, §3, 6/28/2016 12 Amended by Ord. 2016-1100, §1, 2/23/2016
319
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 5
2.23.1 BUILDING MATERIALS AND SERVICES – means retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include hardware stores less than 10,000 square feet.13
2.24 BUILDING, NONCONFORMING - Any building which does not conform to the requirements of this Ordinance.
2.25 BUILDING, PRINCIPAL – A building in which the principal use of the lot upon which it is situated is conducted. Every dwelling in any R District is a principal building. A detached accessory dwelling unit, as defined herein, is not a principal building.14
2.26 BUILDING, GOVERNMENT – means administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, together with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, together with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment.15, 16
2.27 BUILDING SETBACK LINE - A line parallel to, and at a set distance from, each property line. The front setback is measured from the front property line or from the edge of the sidewalk if proposed to be located within the lot line and dedicated for public use.17, 18
2.28 BUILDING SITE - A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Ordinance and having its principal frontage on a street. 13 Added by Ord. 2017-1124, §6, 11/28/2017
14 Amended by Ord. 999, 05/27/04; Ord. 2017-1118, §2, 5/23/2017 15 Amended by Ord. 2017-1124, §7, 11/28/2017
16 Amended by Ord. 2019-1141, §1, 5/28/2019
17 Amended by Ord. 2017-1124, §8, 11/28/2017
18 Amended by Ord. 2019-1141, §2, 5/28/2019
320
Belmont Zoning Ordinance
Section 2, Page 6 | City of Belmont | Draft Zoning Amendments
2.29 BULK - The term used to describe the size and mutual relationships of buildings and other structures as to size, height, coverage, shape, and location of exterior walls in relation to lot lines, to the center lines of the streets, to other walls of the same building, and to other buildings or structures, and to all open spaces relating to the building or structure.
2.30 BUSINESS - Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
2.30.1 BUSINESS AND PROFESSIONAL OFFICES means offices for firms and organizations providing professional, executive, management, or administrative services, including accounting, architecture, computer hardware and software design, engineering, graphic design, interior design, investment, law, management, medical/dental, real estate, tax preparation and other services.19
2.31 BUSINESS, RETAIL - The retail sale of any article, substance, or commodity for profit or livelihood, conducted within a building but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.
2.31.1 BUSINESS SERVICES. The business services use type refers to establishments primarily engaged in the provisions of services of a clerical, employment, protective or minor processing nature to firms, rather than individuals, and where the storage of goods other than samples is prohibited. Typical uses include secretarial services, quickprinting services, and blueprint services.20
2.32 BUSINESS, USED MERCHANDISE - A trade outlet dealing in retail sales of secondhand goods.
2.33 BUSINESS, WHOLESALE - The wholesale handling of any article, substance or commodity for the profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.
2.33.1 CABARET – A restaurant, tavern, or lounge which provides live musical entertainment on the premises.
19 Added by Ord. 2017-1124, §9, 11/28/2017
20 Added by Ord. 2017-1124, §10, 11/28/2017
321
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 7
2.34 CARPORT - A structure to house or protect motor vehicles which are owned or operated by the occupants of the lot.21
2.35 CELLAR - That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
2.36 CITY - The City of Belmont, California.
2.37 CITY CLERK - The City Clerk of the City.
2.38 CITY ENGINEER - The City Engineer of the City.
2.39 CITY TREASURER - The City Treasurer of the City.
2.40 CLINIC OR MEDICAL HEALTH CENTER - A building, other than a hospital as defined herein, used by two or more licensed physicians associated with one another for the purpose of receiving and treating patients.
2.41 CLUB (FRATERNAL) OR LODGE - The social use of a building or of any premises by a non-profit association, where such use is restricted to enrolled members and their guests.
2.42 COMMISSION - The Planning Commission of the City.
2.42.1 COMMUNITY ASSEMBLY. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, unions halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multipurpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, day care centers or schools.22
2.43 COMPREHENSIVE GENERAL PLAN - The Comprehensive General Plan for the City officially adopted by the Council as such.
21 Amended by Ord. 2017-1118, §3, 5/23/2017
22 Added by Ord. 2017-1124, §11, 11/28/2017
322
Belmont Zoning Ordinance
Section 2, Page 8 | City of Belmont | Draft Zoning Amendments
2.44 CONDITIONAL USE - The term "Conditional Use" shall mean a use or occupancy of a structure, or a use of land, permitted only upon issuance of a Use Permit and subject to the limitations and conditions specified therein.23
2.44.1 CONDOMINIUM – Condominium is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real estate.
2.45 CONVALESCENT HOME - (See Residential Care FacilityNursing and Convalescent Home; 2.92)
2.46 COUNCIL - The City Council of the City.
2.47 COURT - An uncovered area partly or wholly enclosed by buildings or walls and used primarily for supplying access, light and air to abutting buildings.
2.48 CURB LEVEL - The level of the established curb in front of the building measured at the center of such front of building or lot. Where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center of the frontage on each street. (Where no curb elevation has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this Ordinance).
2.48.1 CUMULATIVE GROSS FLOOR AREA ADDITION – Cumulative Gross Floor Area means the total gross floor area of additions:
(a) Proposed by any pending development application;
(b) Approved in any building permit not yet finalized; and, (c) Constructed under any building permit finalized within two years from the application date for any pending development application.24
2.48.2 DAYLIGHT PLANE - A series of planes defining a three-dimensional volume of space in which a building must be constructed. A daylight plane may be more restrictive than the height limit or the minimum setback applicable at such point on the site.25
2.48.3 DENSITY TRANSFER - The permanent transfer of residential units in the HRO-2 Zoning District from one group of lots to another nondiscontiguous site along the same 23 Amended by Ord. 2018-1131, §4, 4/24/2018
24 Added by Ord. 2016-1100, §2, 2/23/2016
25 Added by Ord. 2016-1100, §3, 2/23/2016
323
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 9 roadway and within the same statistical sub-area as shown on the San Juan Hills Area Plan.26
2.48.4 2.48.3 DAY CARE CENTER. Establishments providing non-medical care for persons on a less than-24-hour basis. This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children or adults, and any other day care facility licenses by the State of California.27
2.49 DISTRICT - A section or part of the incorporated portion of the City for which the use regulations are uniform, as set forth herein.
2.50 DRIVE-IN ESTABLISHMENT - An establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchases or receive services.
2.51 DWELLING - A building, or portion thereof, containing one or more dwelling units. The term dwelling does not include any trailer, motel, hotel or boarding house as defined herein.
2.52 DWELLING GROUP - A group of two or more detached or semi-detached one-family, two-family, or multiple dwellings occupying a parcel of land, in one ownership and having any yard or court in common, but not including automobile courts.
2.53 DWELLING, ROW (PARTY-WALL) - A row of two to six attached one-family, party-wall dwellings, not more than two and one-half stories in height, nor more than two rooms in depth, measured from the building line.
2.54 DWELLING, MULTIPLE-FAMILY - A building, or portion thereof, containing three or more dwelling units.28
2.55 DWELLING, SINGLE-FAMILY - A principal building designed for use and occupancy by no more than one family and containing not more than one kitchen or kitchen facility.29 26 Renumbered by Ord. 2016-1100, §4, 2/23/2016
27 Added Ord. 2017-1124, §12, 11/28/2017
28 Amended by Ord. 2020-1148, §21, 6/23/2020
29 Amended by Ord. 999, 05/27/04
324
Belmont Zoning Ordinance
Section 2, Page 10 | City of Belmont | Draft Zoning Amendments
2.56 DWELLING, TWO-FAMILY OR DUPLEX - A building designed or altered to provide dwelling units for occupancy by two families living independently of each other.
2.57 DWELLING UNIT - One or more rooms designed for, or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority house, fraternity house or hotel.
2.57.1 EMERGENCY SHELTER - As defined in California Health and Safety Code Section 50801(e), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters include low barrier navigation centers, bridge housing, and respite/recuperative care.
2.57.12.57.2 ENTRY LEVEL - The lowest entry to the habitable portions of the home, not including areas dedicated solely to crawl space, unfinished storage and garage.30
2.58 EXECUTIVE - Pertaining to the management and administration of business enterprises.
2.59 FAMILY –"Family" means One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unita group of individuals living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an internally structured relationship providing organization and stability. 31 2.59.1 FARMWORKER HOUSING. Employee housing as set forth in California Health and Safety Code § 17008 for farmworkers.
2.60 FLOOR AREA, GROSS – means the sum of all finished and unfinished framed-in floor surfaces with an interior vertical height of six and one-half feet or more from floor to ceiling, capable of accommodating living space, measured from exterior walls plus garages, utility rooms, and enclosed accessory structures. Covered decks, porches, patios, carports, and other covered areas which are not enclosed on all sides shall not be counted as dwelling floor areagross floor area. For the purposes of calculating floor area and an associated floor area ratio (FAR) other than for single family or duplex and related accessory structures, the gross floor area does not include underground parking, partially underground parking with no more than three feet above sidewalk 30 Amended by Ord. 2016-1100, §5, 2/23/2016
31 Amended by Ord. 422, 06/23/69; Ord. 2014-1079, §2, 8/26/2014 325
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 11 level, or parking structures that are interior to a commercial, residential, or mixed-use building.32
2.61 FLOOR AREA RATIO (F.A.R.) - The gross floor area of all buildings on a lot divided by the net area of such lot.33
2.62 GARAGE, PRIVATE - An accessory building or an accessory portion of a main building designed for shelter or storage of vehicles, owned or operated by the occupants of the principal building.
2.63 GARAGE, PUBLIC - A building or portion thereof, except a private garage, used or designed to be used for the storage of motor vehicles.
2.64 GRADE (Adjacent Ground Elevation) - The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.34
2.65 GRADE ESTABLISHED - The curb line grade at the lot lines established by the City Engineer, or otherwise established by law.
2.66 DELETED35
2.67 HEIGHT, BUILDING - The vertical distance from finished grade at each point around the perimeter of the building to the uppermost portion of the roof for each respective cross-slope section of the building.36
2.68 HOME OCCUPATION - Any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts; tailoring; laundering; home office; teaching of music, dancing, and other instruction when limited to attendance of no more than two pupils at a time; and other like occupancies which meet all of the conditions herein. Occupancies determined by the Director of Planning and Community Development to cause traffic or parking problems, generate noise, odors or displays for sale incompatible with a 32 Amended by Ord. 999, 05/27/04; Ord. 2016-1100, §6, 2/23/2016; Ord. 2017-1124, §13, 11/28/2017 33 Amended by Ord. 619, 03/13/78
34 Amended by Ord.621, 03/27/78
35 Deleted by Ord. 999, 05/27/04
36 Amended by Ord. 621, 03/27/78; Ord. 756, 12/12/86
326
Belmont Zoning Ordinance
Section 2, Page 12 | City of Belmont | Draft Zoning Amendments residential setting, or involve the storage and/or use of hazardous substances in such quantity as to require a permit from the Fire Authority are not permitted.37
2.68.1 The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
2.68.2 The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof, and no more than one employee or person engaged in services on the premises at any given time.38
2.68.3 No article shall be sold or delivered, or offered for sale and delivery, on the premises, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domestic use, provided that computer, communication, and similar equipment, the operation of which is unnoticeable from outside the dwelling, shall be allowed.39
2.68.4 The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district.
2.68.5 The use creates no more than three deliveries or customer trips per day, not including instruction of pupils.40
2.68.6 An additional on-site parking space will be provided for any employee.41
2.68.7 Not more than one-quarter of the area of said dwelling is used for such use and no part of the garage or carport is used for such use.42
2.68.8 The entrance to the space devoted to such use is from within the building, and no internal or external alterations or construction features not customary in dwellings is involved.
2.68.9 No sign is displayed which is not in conformity with the regulations for the district in which the home occupation is located.
2.69 HOSPITAL - An institution devoted primarily to the maintenance and operation of facilities for the medical, surgical and/or psychiatric care of patients for 24 hours or more. The term "hospital" does not include convalescent, nursing or boarding homes, 37 Amended by Ord. 868, 02/10/93
38 Amended by Ord. 868, 02/10/93
39 Amended by Ord. 868, 02/10/93
40 Amended by Ord. 820, 10/26/89
41 Amended by Ord. 820, 10/26/89
42 Amended by Ord. 820, 10/26/89
327
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 13 clinics, or any institution operating solely for the treatment of patients necessitating forcible confinement.
2.70 HOTEL - Any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes. "Hotel" does not mean any of the following: Any motel, lodging house, rooming house, inn, apartment house, dormitory, public or private club, mobile home or house trailer in a fixed location, single family residence, hospital, sanitarium, medical clinic, convalescent home, rest home, home for aged people, foster home, or other similar facility operated for the care or treatment of human beings; any asylum, jail, prison, orphanage or other facility in which human beings are detained and housed under legal restraints, any housing owned or controlled by any educational institution and used exclusively to house students, faculty or other employees, and any fraternity or sorority house or similar facility occupied exclusively by students and employees of such educational institution, and officially recognized or approved by it; any housing operated or used exclusively for religious, charitable or educational purposes by any organization having qualifications for exemption from property taxes under the laws of California; any housing owned by a governmental agency and used to house its employees or for governmental purposes; any camp as defined by the Labor Code or other housing furnished by an employer exclusively for employees.43
2.70.1 INSTRUCTIONAL SERVICES. Services for the purpose of personal enrichment. Typical uses include classes or instruction in music, health, athletics, art, or academics.
Instructional Services includes rehearsal studios as an accessory use.44
2.71 JUNK YARD - An outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
2.72 KENNEL, COMMERCIAL - Any lot or premises or portion thereof on which dogs, cats and other household domestic animals are maintained, boarded, bred or cared for in return for compensation or are kept for sale.
2.72.1 LIGHTING, FULL CUT-OFF. A lighting fixture constructed in such a manner that it meets the adopted criteria of the Illuminating Society of North America and all light emitted 43 Amended by Ord. 829, 9/12/90
44 Amended by Ord. 2017-1124, §14, 11/28/2017
328
Belmont Zoning Ordinance
Section 2, Page 14 | City of Belmont | Draft Zoning Amendments by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected an angle of 90 degrees, and above a vertical angle of 80 degrees, the luminous intensity cannot exceed 10 percent of the light or the lamp or lamps of the fixture. Also known as a fully shielded light fixture.45
2.73 LOADING AND UNLOADING SPACE, OFF-STREET - An open, hard-surfaced area of land other than street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.
2.74 LOT - A portion of a recorded subdivision intended as a unit for transfer of ownership or for development.
2.75 LOT AREA - The area of a horizontal plane bounded by the front, side and rear lot lines.
2.75.1 LOT AREA, NET - The lot area minus any access corridors on flag lots and any access easements.
2.76 LOT, CORNER - A lot which is bounded on two or more sides by street lines; where the angle of intersection does not exceed 135 degrees.
45 Amended by Ord. 2017-1124, §15, 11/28/2017
329
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 15
2.77 LOT COVERAGE - The area of a lot occupied by the principal building and accessory buildings.
2.78 LOT DEPTH – The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.46
2.78.1 LOT DEPTH, AVERAGE – The sum of the length of the two sidelines of the lot divided by two.47
2.79 LOT FRONTAGE - That boundary of a lot along a public street.
2.80 LOT INTERIOR - A lot other than a corner lot or reversed corner lot.
2.81 LOT LINE - The boundary property line encompassing a lot. For the purposes of this Ordinance the front lot line is the boundary line which abuts a public street, the front lot line on a corner lot is the narrowest frontage facing a street, and the longest frontage facing a street is the side, irrespective of the direction in which the dwelling faces. The rear lot line is the lot line or line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side line in common with another lot.
2.82 LOT, REVERSED CORNER - A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
2.83 LOTSLOPE, AVERAGE – The average slope of a vacant lot shall be calculated using the following formula:48
AS = 100 IL
A
A = Net area of a lot in square feet.
AS = Average percent of slope.
I = Contour interval in feet.
L = Summation of existing contour length in feet.
2.83.1 LOT SLOPE, IMPROVED LOTS – The lot slope of a lot occupied by a residence is determined by dividing the grade elevation change from the front to the rear of the lot 46 Amended by Ord. 2016-1100, §7, 2/23/2016
47 Amended by Ord. 2016-1100, §8, 2/23/2016
48 Amended by Ord. 820, 10/26/89
330
Belmont Zoning Ordinance
Section 2, Page 16 | City of Belmont | Draft Zoning Amendments along the longest line within the lot boundaries which lies perpendicular to ground contours.
2.84 LOT, THROUGH - A lot other than a corner lot having frontage on two parallel or approximately parallel streets. On a through lot both street lines shall be deemed front lot lines.
2.85 LOT WIDTH (AVERAGE) - The sum of the length of the front and rear lot line divided by two. In the case of irregularly-shaped lots having four or more sides, average lot width shall be the sum of the length of two lines drawn perpendicular to one side line at the widest and narrowest portions of the lot, divided by two.49
2.85.1 LOW BARRIER NAVIGATION CENTER. A housing-first service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter and housing, consistent with California Government Code § 65660.
2.85.12.85.2 MAINTENANCE AND REPAIR SERVICE. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles.50
2.85.22.85.3 MIXED USE. Under this section, mixed use refers to vertical mixed use where retail or commercial uses are on the ground floor, and residential, lodging, or office uses are above.51
2.86 MOBILE HOME - Any vehicle designed, used, or intended to be used generally for living and/or sleeping quarters for one or more persons, which is capable of being moved by its own power, towed or transported by another vehicle. The term "mobile home" includes trailer.
2.87 MOBILE HOME PARK - Any area, tract, plot or site of land whereupon two or more mobile homes are placed, located and maintained for dwelling purposes only, either on a permanent or a semi-permanent basis and for which a fee, rental or contract for payment for such use is collected by or collectible by the person holding the land.
2.88 MOTEL - A building, or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units independently accessible from 49 Amended by Ord. 2016-1100, §9, 2/23/2016
50 Added by Ord. 2017-1124, §16, 11/28/2017
51 Added by Ord. 2017-1124, §17, 11/28/2017
331
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 17 the outside, with garage space or parking space located on the lot, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts, or by any other title or sign intended to identify them as providing lodging to motorists.
2.89 Reserved.
2.90 NON-CONFORMING USE - Any use lawfully occupying a building or land at the effective date of this Ordinance, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.
2.91 NURSERY SCHOOL - An institution providing care, with or without instruction, for more than five children of pre-school age.
2.92 NURSING OR CONVALESCENT HOME - see “Nursing Home” or “Convalescent Home” means a structure occupied or intended to be occupied, for compensation, by persons recovering from injury or illness, or suffering from the infirmities of old age, and any comparable licensed facility. “Nursing Home” or “Convalescent Home” is a type of “Residential Care Facility.”52
2.93 OUTDOOR ADVERTISING STRUCTURE - Any free-standing ground sign or billboard which advertises a product or service other than that which is provided on the premises and has an advertising surface of 100 square feet or more.
2.93.1 OFFICES WITH WALK-IN CLIENTELE means offices providing direct services to patrons or clients without prior appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities.53
2.94 PARKING AREA, PRIVATE - An open, hard-surfaced area, other than street or public way, designed, arranged and made available for the storage of private passenger automobiles of occupants of the building or buildings for which the parking area is developed and is accessory.
2.95 PARKING LOT - An open, hard-surfaced area, other than street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and 52 Amended by Ord. 2014-1079, §3, 8/26/2014
53 Added by Ord. 2017-1124, §18, 11/28/2017
332
Belmont Zoning Ordinance
Section 2, Page 18 | City of Belmont | Draft Zoning Amendments commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
2.96 PARKING SPACE - Usable space within a public or private parking area, or a building of sufficient size and area, exclusive of access drives, aisles or ramps, for the storage of one properly spaced passenger automobile or commercial vehicle.
2.96.1 PERMANENT SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, and consistent with California Government Code Section 65583 and Sections 65650 through 65656. This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time.
2.96.2 PERSONAL SERVICES, GENERAL means provision of recurrently needed services of a personal nature that do not pose land use compatibility issues warranting public review. This classification includes seamstresses, tailors, shoe repair shops, bike repair shops, self-service laundries, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes fitness centers, exercise clubs, and studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction.54, 55
2.96.12.96.3 PERSONAL SERVICES, LIMITED means personal services that may cause land use conflicts because of hours of operation, drop-off or pickup requirements, or potential adverse impacts on neighboring uses or the local retail market. This classification includes barber or hair cutting shops and beauty salons, dry cleaning agents (excluding large-scale bulk cleaning plants), massage establishments, nail salons, smoke shops, or tobacco sales.56, 57
2.97 PLANNED UNIT DEVELOPMENT - A use or a combination of uses planned for a tract of land to be developed as a unit under single ownership or control, which includes two or more principal buildings.
2.97.1 PLATE HEIGHT – The point at which exterior building walls intersect with roof eaves.
Plate height is illustrated in the figure below.58
54 Added by Ord. 2017-1124, §19, 11/28/2017
55 Amended by Ord. 2019-1141, §3, 5/28/2019
56 Added by Ord. 2017-1124, §20, 11/28/2017
57 Amended by Ord. 2019-1141, §4, 5/28/2019
58 Added by Ord. 2016-1100, §26 2/23/2016;
333
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 19
2.97.12.97.2 2.97.1 PRESCRIBED ARTICULATION – Specified measures which are required to interrupt the straight line of a building wall in order to reduce the perception of building bulk, which include but are not limited to projecting or recessing portions of exterior building walls, and incorporation of architectural features such as chimneys or bay windows.59
2.98 PRINCIPAL USE - The main use of land or buildings as distinguished from a subordinate or accessory use.
2.99 PUBLIC UTILITY - Any person or municipal department duly authorized to furnish to the public, under public regulation, electricity, gas, steam, communication or similar or associated services, transportation or water.
2.99.1 PUBLIC VIEWS – Public views means views from public vantage points to prominent natural features or landmarks.60
2.100 REPAIR – The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The term “repair” or “repairs” shall not apply to any other change in a structure such as would be required by additions to or remodeling of such structure.
2.100.1 RESEARCH AND DEVELOPMENT FACILITY. An office and laboratory facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and/or biotechnology components and products in advance of product manufacturing. It may include assembly of related products from parts produced off site where the manufacturing activity is secondary to the research 59 Added by Ord. 2016-1100, §10, 2/23/2016
60 Amended by Ord. 2016-1100, §11, 02/23/2016
334
Belmont Zoning Ordinance
Section 2, Page 20 | City of Belmont | Draft Zoning Amendments and development activities. A typical Research and Development facility has 20% to 50% of the floor area dedicated to the laboratory use.61
2.100.2 2.100.1 RESIDENTIAL CARE FACILITY – As provided in Health and Safety Code Section 1502(a)(1), “Residential Care Facility” means any family home, group care facility, or similar facility, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.62
2.100.3 2.100.2 RESIDENTIAL CARE FACILITY, SMALL - “Small Residential Care Facility” is a Residential Care Facility that serves six or fewer persons. In accordance with Health and Safety Code Section 1566.3, the residents and operators of such a facility are considered a family for purposes of this ordinance, and a Small Residential Care Facility is considered a residential use and a family dwelling.63
2.100.4 2.100.3 RESIDENTIAL DESIGN CRITERIA (RDC) - A companion document to the Zoning Ordinance, which provides additional, objective, measurable, or quantifiable review criteria required for new construction. The RDC includes relevant criteria for the regulation of building bulk (such as second story step backs, prescribed articulation, and daylight planes), which are specified based upon the scope of the project, site conditions, and the architectural style of the home.64
2.100.5 2.100.4 RESIDENTIAL DESIGN GUIDELINES (RDG) – a companion document to the Zoning Ordinance, which provides basic design concepts and elements of good design required for all new residential structures and additions. The RDG includes relevant examples of designs that generally conform to the standards for Single Family Design Review application approval.65
2.101 RESTAURANT - Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunch room, tea room, and dining room.
2.102 REST HOME - (See Residential Care FacilityNursing and Convalescent Home).
2.103 ROOF LEVEL - The elevation of the topmost point of the roof. 61 Added by Ord. 2017-1124, §21, 11/28/2017; amended by Ord. 2023-1171 §2, 5/9/2023 62 Amended by Ord. 2014-1079, §4, 08/26/2014; renumbered by Ord. 2016-1100, §12, 2/23/2016 63 Amended by Ord. 2014-1079, §5, 8/26/2014; renumbered by Ord. 2016-1100, §13, 2/23/2016 64 Added by Ord. 2016-1100, §14, 2/23/2016
65 Amended by Ord. 2014-1079, §6, 8/26/2014; renumbered and amended by Ord. 2016- 1100, §15, 2/23/2016
335
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 21
2.104 ROOMING HOUSE - A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangements, but not open to public or overnight guests. The term includes a lodging house.
2.104.1 SANITORIUM – A building and premises, other than a hospital, intended for the care and housing of more than five (5) sick, injured or infirm persons for compensation.66
2.104.2 SECOND STORY STEPBACK – An identified setback for second story exterior building walls as measured from the lower story exterior building walls.67
2.104.3 SECONDARY DWELLING UNIT - A secondary dwelling unit is an accessory dwelling unit as defined in Section 24.68
2.105 SETBACK AREA - The space on a lot required to be left open and unoccupied by buildings or structures, either by the front and side yard requirements of this Ordinance, or by delineation on a recorded subdivision map.
2.105.1 SHORT TERM RENTAL - A dwelling unit, or portion of a dwelling unit, rented to paying guests for short stays of 30 consecutive days or less.
2.105.12.105.2SIGNAL ACCESS, REASONABLE - Reasonable signal access means the maximum number and strength of signals available for a given antenna size, height, and location consistent and balanced with the goals of maintenance aesthetic quality and public safety.69
2.105.22.105.3SOCIAL SERVICE CENTER. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from day care centers and emergency shelters providing 24-hour or overnight care.70
2.106 STABLE, PRIVATE - A detached accessory structure for the keeping of one or more horses or cows owned and used by the occupant of the premises and not for remuneration, hire or sale.
2.107 STABLE, RIDING - A structure used or designed for the boarding or care of riding horses. 66 Amended by Ord. 470, 6/14/71; renumbered by Ord. 2016-1100, §16, 2/23/2016 67 Added by Ord. 2016-1100, §18, 2/23/2016
68 Amended by Ord. 2016-1100, §17, 2/23/2016; Ord.2017-1118, §4, 5/23/2017 69 Amended by Ord. 759, 01/13/87; renumbered by Ord. 2017-1124, §22, 11/28/2017 70 Added by Ord. 2017-1124, §23, 11/28/2017
336
Belmont Zoning Ordinance
Section 2, Page 22 | City of Belmont | Draft Zoning Amendments
2.108 STORY - That portion of a building included between the surface of any floor or mezzanine and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
2.109 STREET - A right-of-way, which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the Council. The term "street" includes, also, the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, and other such terms.
2.110 STREET, ARTERIAL - A street designated as an arterial street by the Council. It is the primary purpose of an arterial street to carry fast or heavy traffic.
2.111 STREET, COLLECTOR - A street designated as a collector street by the Council. A collector street has the primary purpose of carrying traffic from minor streets to other collector streets and arterial streets.
2.112 STREET, COMMERCIAL - A street designated as a commercial street by the Council. It is the primary purpose of a commercial street to provide for traffic movement in a commercial area.
2.113 STREET, FRONTAGE - A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
2.114 STREET, INDUSTRIAL - A street designated as an industrial street by the Council. It is the primary purpose of an industrial street to provide for traffic movement in an industrial area.
2.115 STREET LINE - A line separating an abutting lot or parcel from a street.
2.116 STREET, MINOR - Any street not otherwise designated in the Comprehensive General Plan, but not including alleys. It is the purpose of a minor street to provide access to abutting properties.
2.117 STREET, PARTIAL - A dedicated right-of-way which provides only a portion of the required street width.
337
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 23
2.118 STRUCTURAL ALTERATIONS - Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.
2.119 STRUCTURE - Anything constructed or erected, except fences not exceeding four feet in height, which requires permanent location on the ground or is attached to something having location on the ground.
2.119.1 2.119a SUPPORTIVE HOUSING – “Supportive housing” is defined by California Health & Safety Code Section 50675.14 and means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is permitted as a residential use and is only subject to those restrictions that apply to other residential dwellings in the same zone. This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time.71
2.120 TAVERN OR LOUNGE - A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
2.121 TRAILER - Any vehicle designed to be towed or transported by another vehicle. The term "trailer" includes a mobile home.
2.122 TRAILER PARK - A Mobile Home Park.
2.122.1 2.122a TRANSITIONAL HOUSING – “Transitional housing” is defined by California Health & Safety Code Section 50675.2 and means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of assistance. Transitional housing is permitted as a residential use and is only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time.72
2.122.2 2.122b TRUCK STORAGE YARD OR TERMINAL - Any area, tract, plot or site of land whereupon two or more trucks or other pieces of heavy equipment are stored, parked or maintained, or, the origin or terminal point of two or more trucks or other pieces of 71 Amended by Ord. 2014-1079, §7, 8/26/2014
72 Amended by Ord. 2014-1079, §8, 8/26/2014
338
Belmont Zoning Ordinance
Section 2, Page 24 | City of Belmont | Draft Zoning Amendments heavy equipment, usually where loading, storage or maintenance facilities are located.73
2.123 USE - The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, or leased.
2.123.1 UTILITIES, MINOR. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.74
2.123.2 VEHICULAR SERVICE SHOPS – Premises primarily engaged in the sales, service and major repair or exchange of vehicle parts and accessories conducted wholly within a building.75
2.123.3 VEHICLE WASHING. Washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities that are the principal use of a building, structure, or site.76
2.124 YARD - An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Ordinance, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.
2.125 YARD, FRONT - The yard extending across the full width of the lot adjacent to the front street line.
2.126 YARD, REAR - The yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
2.127 YARD, SIDE - The yard lying between the nearest wall of the principal building and a side lot line, and extending from the front yard or the front lot line to the rear yard.
2.128 ZONING CERTIFICATE - The term "zoning certificate" as used herein shall mean a notation attached to a building permit, occupancy permit or business license, or issued 73 Amended by Ord. 2014-1079, §9, 8/26/2014
74 Amended by Ord. 2017-1124, §24, 11/28/2017
75 Amended by Ord. 470, 06/14/71, Ord. 781, 12/10/87; renumbered by Ord. 2017-1124, §25, 11/28/2017
76 Amended by Ord. 2017-1124, §26, 11/28/2017
339
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 2, Page 25 separately, by the City to certify that the building, structure use, or occupancy specified thereon is in conformity with all the provisions of this Ordinance.
2.129 ZONING MAPS - The map or maps incorporated into this Ordinance designating Zoning Districts.
340
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 1
RESIDENTIAL
4.1 RESIDENTIAL DISTRICTS ESTABLISHED - Certain classes of districts, designated by the symbol "R" followed by a numeral, or a numeral and letter, and referred to collectively herein as Residential Districts or R Districts, are established to provide space in suitable locations for the various types of residential accommodations needed in the City, and to provide a means of regulating the density and distribution of the population in conformance with the purposes of the Comprehensive General Plan and this Ordinance.
4.2 REGULATIONS FOR SINGLE FAMILY RESIDENTIAL DISTRICT - R-1E, R-1H, R-1A, R-1B AND R-1C - The regulations in this Section shall apply to all land in the R-1E, R-1H, R1A, R-1B, and R-1C Districts referred to collectively hereinafter as the R-1 Districts, and shall be subject to all the general provisions and regulations of this Ordinance.
1. 4.2.1 PERMITTED USES
(a) Single familyOne-family residences in which not more than two paying guests may be lodged and/or furnished meals.
(b) Accessory dwelling units in compliance with development standards outlined in Section 24, Accessory Dwelling Unit.
2. (c) Crop and tree farms and gardens.
(d) Accessory buildings, structures, and uses located on the same sites zoned for as a singleone- family residences for which the use isand clearly related to the on-site single family residencedwelling. See Section 9.5.4 for general regulations applicable to accessory buildingsAccessory buildings are regulated in Section
9.5.4. Permitted accessory structurebuildings, structures, and uses include, including the following, but are not limited to: \
AccessorAccessory Buildings
(1) Garages and carports. (See Section 9.5.4(a).)
(2) Garden structures.
(3)(2)Greenhouses.
(4)(3)Storage buildings.
(5)(4)Recreation rooms.
1 Amended by Ord. 646, 2/26/79
2 Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §5, 5/23/2017 Exhibit B
341
Belmont Zoning Ordinance
Section 4, Page 2 | City of Belmont | Draft Zoning Amendments (6)(5)Hobby shops provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom.
Accessory Structures
(6) Private swimming pools and/or spas..
(7) Garden structures (such as pergola, trellis, etc that do require a building permit).
(7)(8)Playhouse / play structure
(e) Home occupations as defined in Section 2.68.
(f) Residential care facilities that serve seven or more persons. (g) Residential care facilities, small that serve six or fewer persons. (f)(h) Temporary subdivision sales offices in accordance with the provisions of Section
9.5.2 of this Ordinance.
(g)(i) Temporary buildings or trailers used during construction on the site, for a period not to exceed the duration of such construction.
(j) Transitional and supportive housing located in single-family residences. (h)(k)Signs as regulated in Section 4.2.8 herein.
(i)(l) Television antennas provided that all such antennas shall be attached to the residence structure.
4.2.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:
3:
(a) Public parks and playgrounds and other public recreation facilities. (b) Golf course, public or private.
(c) Public, parochial and private elementary schools and high schools. (d) Kindergartens, nursery schools and day-care centers. (e) Private, non-profit schools and colleges not including business, professional or trade schools and colleges.
(f) Churches, parish houses, monasteries, convents and other religious institutions. (g) Mobile home park.
(g)(h)Public and private philanthropic institutions.
3 Amended by Ord. 716, 12/13/83; Ord. 999, 5/27/04; Ord. 2014-1079, §11, 8/26/2014; Ord. 2017-1118 §6, 5/9/2017; Ord. 20181131, §5, 4/24/2018
342
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 3 (h) Residential Care Facilities serving more than six persons. (i) Public and private, non-profit libraries, art galleries and museums. (j) Public buildings and grounds when found by the Commission to be necessary for the public health, safety or welfare.
(k) Public utility and public service structures or installations when found by the Commission to be necessary for the public health, safety or welfare. (l) Incidental and accessory structures and uses located on the same site with and necessary to the operation of a Conditional Use.
(m) Television antennas of a height greater than 15 feet. (n) Radio transmittal antennas, but excluding commercial broadcasting facilities.
4.2.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS.
(a) SITE AREA. The minimum site area shall be as follows: R-1E - one acre; R-1H - 20,000 square feet; R-1A - 9,600 square feet; R-1B - 6,000 square feet; R-1C - 5,000 square feet; provided, however, that each R-1A, R-1B, and R-1C district lot proposed for new land division shall comply with the maximum allowed residential dwelling unit density and minimum lot sizes computed in accordance with the applicable provisions of the Slope/Density Tables in this Section. The maximum allowable densities and the minimum allowable lot sizes shall be based upon net land area (after subtracting public street rights of way and vehicular access easements). Lot slope shall be calculated using the formula from the definitions section of Ordinance 360 and lot slopes ending in ½% or more shall be rounded to the next highest whole number. Each lot created by subdivision, or any remainder parcel associated with a subdivision, shall individually meet the minimum lot size standard based upon that lot's particular slope. The allowable density indicated, however, does not preclude the hearing body from determining that a lower density, or larger lots, from that indicated is required to meet the purpose of this ordinance and the goals and policies of the General Plan.
4. TABLE 1 – SLOPE/DENSITY
R-1A DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS
AVERAGE LOT SLOPE DWELLINGS PER NEW ACRE MINIMUM LOT SIZE 0-10% 4.356 10000
11% 4.250 10250
12% 4.149 10500
13% 4.052 10750
14% 3.960 11000
4 Amended by Ord. 646, 2/26/79; Ord. 1019, 9/26/06
343
Belmont Zoning Ordinance
Section 4, Page 4 | City of Belmont | Draft Zoning Amendments 15% 3.788 11500
16% 3.630 12000
17% 3.485 12500
18% 3.351 13000
19% 3.227 13500
20% 3.111 14000
21% 2.904 15000
22% 2.723 16000
23% 2.562 17000
24% 2.420 18000
25% 2.293 19000
26% 2.074 21000
27% 1.894 23000
28% 1.742 25000
29% 1.584 27500
30% 1.452 30000
31% 1.320 33000
32% 1.210 36000
33% 1.117 39000
34% 1.037 42000
35% AND ABOVE 0.968 45000
TABLE 2 – SLOPE/DENSITY
R-1B DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS
AVERAGE LOT SLOPE DWELLINGS PER NEW ACRE MINIMUM LOT SIZE 0-10% 5.808 7500
11% 5.296 8225
12% 5.155 8450
13% 5.021 8675
14% 4.894 8900
15% 4.585 9500
16% 4.356 10000
17% 4.149 10500
18% 3.960 11000
19% 3.788 11500
20% 3.630 12000
21% 3.351 13000
344
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 5 22% 3.111 14000
23% 2.904 15000
24% 2.723 16000
25% 2.489 17500
26% 2.178 20000
27% 1.936 22500
28% 1.778 24500
29% 1.584 27500
30% 1.452 30000
31% 1.320 33000
32% 1.210 36000
33% 1.117 39000
34% 1.037 42000
35% AND ABOVE 0.968 45000
TABLE 3 – SLOPE/DENSITY
R-1C DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS
AVERAGE LOT SLOPE DWELLINGS PER NEW ACRE MINIMUM LOT SIZE 0-10% 7.260 6000
11% 7.026 6200
12% 6.806 6400
13% 6.600 6600
14% 6.406 6800
15% 5.808 7500
16% 5.445 8000
17% 5.125 8500
18% 4.840 9000
19% 4.585 9500
20% 4.356 10000
21% 3.960 11000
22% 3.630 12000
23% 3.351 13000
24% 3.111 14000
25% 2.723 16000
26% 2.293 19000
27% 1.980 22000
28% 1.815 24000
345
Belmont Zoning Ordinance
Section 4, Page 6 | City of Belmont | Draft Zoning Amendments 29% 1.584 27500
30% 1.452 30000
31% 1.320 33000
32% 1.210 36000
33% 1.117 39000
34% 1.037 42000
35% AND ABOVE 0.968 45000
(b) SITE WIDTH. The average width of a lot shall be as follows: R-1E - 150 feet; R-1H - 100 feet; R-1A - 70 feet; R-1B - 60 feet; R-1C - 50 Feet. (c) SITE FRONTAGE. All R-1A, R-1B, and R-1C district lots created by new land division shall maintain a minimum street frontage of not less than 50 feet. R-1A, R-1B, and R-1C district cul-de-sac lots created by new land division shall comply with minimum street frontage standards established in the City’s Subdivision Ordinance (Ordinance 530)5
(d) ALLOWABLE GROSS FLOOR AREA. Except as provided in Section 24, the maximum allowable Gross Floor Area (GFA) without approval of a floor area exception is the lesser of the permissible GFA in Table 4 – Slope/Intensity and Table 5 – Lot Size/Intensity.
6. (1) The permissible Gross Floor Area in R-1 Districts based on slope is the greater of 1,200 sq. ft. or the product of multiplying `net lot area by the Floor Area Ratio corresponding to the slope of the lot as shown in Table 4 – Slope/Intensity:
TABLE 4 –SLOPE/ INTENSITY
% SLOPE FAR % SLOPE FAR % SLOPE FAR
0 0.533 16 0.506 31 0.385
1 0.533 17 0.499 32 0.374
2 0.533 18 0.493 33 0.364
3 0.533 19 0.486 34 0.354
4 0.533 20 0.480 35 0.344
5 0.533 21 0.471 36 0.334
6 0.533 22 0.463 37 0.324
7 0.533 23 0.454 38 0.314
5 Amended by Ord. 1019, 9/29/06
6 Amended by Ord. 820, 10/26/89; Ord. 2016-1113, §1, 12/13/2016; Ord. 2017-1118, §7, 5/23/2017 346
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 7 8 0.533 24 0.446 39 0.303
9 0.533 25 0.437 40 0.293
10 0.533 26 0.429 41 0.288
11 0.529 27 0.420 42 0.283
12 0.525 28 0.412 43 0.277
13 0.521 29 0.403 44 0.272
14 0.516 30 0.395 45 & UP 0.267
15 0.512
(2) The permissible Gross Floor Area in R-1 Districts based on lot size is as shown in Table 5 – Lot Size/Intensity:
TABLE 5 – LOT SIZE/INTENSITY
R1-DISTRICT Lot Size Maximum Allowable GFA
R-1A
R-1B
R-1C
≤ 10,000 sf 3,500 sf
> 10,000 sf 3,500 sf plus 0.15 sf per lot sf over 10,000 sf up to 4,500 sf total GFA; must also comply with 4.2.3(g)
R-1E
R-1H
All lots 4,500 sf
(e) HEIGHT (Single-Family Districts) - The maximum height of a primary structure is 28 feet. Except as provided in Section 24, the maximum height of an accessory building or accessory structure is 15 feet7.
(f) NUMBER - Not more than one building designed or used as a single family dwelling, and not more than one accessory dwelling unit, as defined herein, shall occupy a lot8.
(g) New construction resulting in a GFA greater than 3,500 sq. ft. on a lot in the R-1A, R-1B and R-1C Districts must comply with the setback standards in this subsection. (1) Notwithstanding section 9.6.3(b), the new construction may not extend building walls along a legal non-conforming side yard setback line. (2) Except for underfloor additions within the footprint of the existing building, new construction must comply with the setbacks in Table 6 – Setbacks For Larger Residence.
TABLE 6 - SETBACKS FOR LARGER RESIDENCES
7 Amended by Ord. 2017-1118, §7, 5/23/2017.
8 Amended by Ord. 2017-1118, §7, 5/23/2017.
347
Belmont Zoning Ordinance
Section 4, Page 8 | City of Belmont | Draft Zoning Amendments
4.2.4 FRONT YARD - Except as provided in Section 9.7.4, the minimum depth of the front yard is as follows: R-1E and R-1H Districts shall be 25 feet; Lots in the R-1A, R-1B and R-1C Districts with frontage on a 50-foot wide public right-of-way shall be 15 feet; lots in the R-1A, R-1B, and R-1C Districts with frontage on a 40-foot wide public right-of-way shall be 20 feet; however, no building occupying property fronting on a private road or easement shall be less than 25 feet from the closest line of such private road or easement. For garages with entrances that are perpendicular to the street, the minimum on-site driveway length from property line to the face of the garage shall be 18 feet. The 18 feet shall be provided entirely within the subject property, except as provided by Section 8.2.46.9.
4.2.5 SIDE YARD10
(a) For a singleone family dwelling, the minimum width of the side yard on interior lot lines shall be 15 feet in the R-1E Districts; in the R-1A, R-1B, R-1C and R-1H Districts side yard setbacks shall be ten (10) percent of the lot width with a minimum setback of six (6) feet and a maximum setback of nine (9) feet. (b) On the side lot line having frontage on a street of a corner lot in any R-1E Districts, the minimum width shall be 25 feet and in any R-1A, R-1B and R-1C Districts the minimum width shall be 15 feet and for a principal building other than a singleone family dwelling, the minimum width of such side yard shall be not less than onehalf the height of the building, but in no case less than 15 feet. (c) Except as provided in Section 24, no accessory building or accessory structure on a reversed corner lot shall project beyond the inner line of the front yard required on the adjacent lot to the rear, nor be located less than five feet from the side lot line of such adjacent lot.
(d) Except as provided in Section 24, a detached accessory building or accessory structure on an interior lot must be located at least five feet from the side lot line. (e) Except as provided in Section 24, a detached accessory building or accessory structure on a corner lot must be located at least fifteen feet from side lot line having frontage on a street, and five feet from the interior side lot line.
4.2.6 REAR YARD - The minimum depth of any rear yard is 30 feet in the R-1E and R-1H Districts, 20 feet in the R-1A Districts, and 15 feet in the R-1B and the R-1C Districts; Accessory buildings and accessory structures (i.e. garages, accessory dwelling units and 9 Amended by Ord. 2016-1100, §19 2/23/2016
10 Amended by Ord. 2017-1118, §8, 5/23/2017
348
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 9 storage sheds) may be built to within five feet of any rear lot line in all Single Family Residential (R-1) Districts.11
TABLE 6 - SETBACKS FOR LARGER RESIDENCES12
Setback (feet) R-1 District
R-1A R-1B, R-1C
Front 201, 252 201, 252
Rear 25 20
Side 15% lot width or 10 ft. whichever is
greater
15% lot width or 10 ft. whichever is
greater
Street Side 20 20
4.2.7 OFF-STREET AUTOMOBILE PARKING - Off-street automobile parking space must be provided in accordance with the provisions of Section 8 and 24, as applicable.
13. 4.2.8 SIGNS - Signs are permitted as regulated in the Sign Ordinance of the City.
4.2.9 FENCES, WALLS, LATTICE SCREEENS AND HEDGES - Fences, walls, lattice screens and hedges must comply with Section 9.7.1(f).14
4.2.10 DESIGN REVIEW15 - All new construction and exterior modifications are subject to design review under Section 13A.
4.2.11 EXCEPTIONS TO SINGLE FAMILY FLOOR AREA STANDARDS16, 17 (a) PURPOSE. Exceptions to single family floor area standards may be granted when lot size and site conditions can appropriately support larger homes, or to assist in providing required off-street garage parking.
(b) PLANNING COMMISSION REVIEW.
(1) Public Hearing. Applications for exceptions to floor area standards, except administrative exceptions, shall be considered by the Planning Commission 11 Amended by Ord. 2017-1118, §9, 5/23/2017
12 Amended by Ord. 2016-1113, §1, 12/13/2016
13 Amended by Ord. 2017-1118, §10, 5/23/2017
14 Amended by Ord. 2016-1100, §20, 2/23/2016
15 Amended by Ord. 2020-1148, §8, 6/23/2020
16 Amended by Ord. 2016-1113, §2, 12/13/2016; Ord. 2018-1131, §6, 4/24/2018 17 Amended by Ord. 2020-1148, §7, 6/23/2020
349
Belmont Zoning Ordinance
Section 4, Page 10 | City of Belmont | Draft Zoning Amendments after holding a public hearing noticed in the manner set forth in Section
10.1.3. (2) Findings. When approving, conditionally approving, or denying any application for an exception, the Commission shall consider the findings set forth below. The Commission shall deny an application not meeting all of these findings:
(A) The granting of the exception will achieve one or more of the following:
(i) Greater floor area equity among property owners with different sized lots and within the same zoning district and neighborhood without the resulting Floor Area Ratio (FAR) exceeding the average FAR for properties within the same zoning district and within 300 feet from the exterior boundaries of the project site.
(ii) Enable interior additions located within the confines of the existing exterior walls;
(iii) Assist in providing required off-street garage parking (for existing residences that currently have substandard parking).
(B) The granting of the exception will not result in a substantial adverse impact to the views or privacy of adjacent property owners. (C) The granting of the exception will not result in significant bulk for a new building or a significant increase in building bulk for an existing building. (3) Criteria For Substantial Adverse Impact to Views or Privacy. The following criteria shall be used by the reviewing authority to determine whether a Floor Area Exception will have a substantial adverse impact on views or privacy:
(A) Private views. A private view is an unobstructed view from a bedroom, common area, or amenity area (deck, patio, etc.) to a prominent natural feature or landmark (i.e., the San Francisco Bay or undeveloped ridgelines). A substantial adverse impact may be determined based on:
(iv) Where the view originates (which room or amenity area); (v) The relative value of other views that occur on site; (vi) The quality of the natural feature or landmark in the view; (vii) How much of the view is obstructed.
(B) Privacy. A substantial adverse privacy impact may be determined based on:
(viii) Setbacks/Additional Setbacks;
(ix) Topography;
(x) Window design;
350
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 11 (xi) Window to window alignment;
(xii) Vegetation;
(xiii) Location of decks, balconies, pools, and other amenity areas; (xiv) Buffer strips and fencing;
(xv) Location of parking and access ways;
(xvi) Location of entries and paths of travel;
(xvii) Lighting.
(4) Standard for Review of Building/Addition Location. As much as practical, the resulting new construction would be located to avoid or reduce bulk, privacy and private view impacts to adjacent properties.
(c) ADMINISTRATIVE EXCEPTIONS. The Zoning Administrator may administratively approve exceptions to floor area standards for single family homes in Table 4 – Slope\Intensity on lots 5,000 square feet or greater for the following types of projects after making the findings listed under Section 4.2.110(b)(2)(A) – (C). (1) Garage additions. Garage additions that meet all of the following:
(A) The addition is 450 sq. ft. or less.
(B) There is no garage or a less than conforming two-car garage on site. (C) The resulting home would not be larger than the maximum permitted home size allowed within the applicable R-1 zoning district under Table 5 – Lot Size/Intensity.
(2) Interior Additions. Interior additions that meet all of the following:
(A) The home was built before the effective date of the ordinance adopting this subsection.
(B) All added floor area will be located entirely within the confines of the exterior walls of the main structure, and will not result in the moving, extending, or addition of any exterior walls.
(C) The resulting home would not be larger than the maximum permitted home size allowed within the applicable R-1 zoning under Table 5 – Lot Size/Intensity.
(D) No floor area exception for the dwelling for an interior addition has previously been approved and built on the subject property. 351
Belmont Zoning Ordinance
Section 4, Page 12 | City of Belmont | Draft Zoning Amendments
4.2.12 NEW CONSTRUCTION18 - New homes and additions must comply with the Residential Design Criteria if the new construction:19
(a) ground floor plate height exceeds 12 feet or roof height exceeds 18 feet (as measured from finished grade), or,
(b) creates or expands an upper floor.
4.3 REGULATIONS FOR DUPLEX RESIDENTIAL DISTRICTS - R-2 - The regulations in this Section shall apply to all land in the R-2 Districts and shall be subject to all the general provisions and regulations of this Ordinance.
4.3.1 PERMITTED USES20
(a) Single family residences meeting R-1B development standards, in which not more than two paying guests may be lodged and/or furnished meals. (b) Accessory dwelling units in compliance with Section 24.21 (c) Two family dwellings or duplex structures.
(d) Accessory buildings, structures and uses located on sites zoned for the same site as a single family or duplex dwellings and for which the use is clearly related to the on-sitea single family or duplex dwelling, including, but not limited to, the following:
(1) Garages and carports.
(2) Garden structures.
(3) Greenhouses.
(4) Storage buildings.
(5) Recreation rooms.
(6) Hobby shops provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom. (7) Private swimming pools.
(e) Home occupations as defined in Section 2.68.
(f) Residential care facilities that serve seven or more persons.. (g) Residential care facilities, small that serve six or fewer persons.. 18 Amended by Ord. 2020-1148, §6, 6/23/2020
19 Added by Ord. 2017-1100, §21, 2/23/2016
20 Amended by Ord. 2020-1148, §9, 6/23/2020
21 Amended by Ord. 2017-1118, §11, 5/23/2017
352
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 13 (f)(h) Temporary subdivision sales offices in accordance with the provisions of Section 9 of this Ordinance.
(i) Temporary buildings or trailers used during construction on the site, for a period not to exceed the duration of such construction.
(g)(j) Transitional and supportive housing located in single-family or two-family residences.
(h)(k)Signs as regulated in Section 4.2.8 herein.
4.3.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:22
(a) Those uses permitted in any R-1 District with a Conditional Use Permit and as regulated therein.
4.3.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS
(a) SITE AREA - The minimum site area shall be 6000 square feet. (b) SITE WIDTH - The minimum average width of a lot shall be 60 feet. (c) SITE FRONTAGE - All lots shall maintain a minimum street frontage of not less than 30 feet.
(d) FLOOR AREA RATIO - The floor area ratios of buildings and structures shall not exceed 0.6.
(e) HEIGHT - Single-Family Districts) - The height of the principal building may not exceed two stories or 35 feet. Except as provided in Section 24, the height of other structures may not exceed 15 feet.23
(f) NUMBER - Not more than one building designed or used as a two family dwelling (duplex), or a single family dwelling and an accessory dwelling unit, as defined herein, shall occupy a lot.24
4.3.4 YARD REQUIREMENTS - Except as provided in Section 24, the yard requirements set forth in Sections 4.2.4, 4.2.5 and 4.2.6 for R-1C district apply to R-2 districts.25
4.3.5 OFF-STREET AUTOMOBILE PARKING - Off-street automobile parking space shall be provided in accordance with the provisions of Section 8 and 24, as applicable.26 22 Amended by Ord. 2018-1131, §7, 4/24/2018
23 Amended by Ord.1118, 5/23/17
24 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §12, 5/23/2017 25 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §13, 5/23/2017 26 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §14, 5/23/2017 353
Belmont Zoning Ordinance
Section 4, Page 14 | City of Belmont | Draft Zoning Amendments
4.3.6 SIGNS - The regulations set forth in Section 4.2.8 herein for R-1 Districts shall apply in R-2 Districts.
4.3.7 FENCES, WALLS AND HEDGES - The regulations set forth in Section 4.2.9 herein for R-1 Districts shall apply in R-2 Districts.
4.3.8 DESIGN REVIEW2727 - All new construction and exterior modifications are subject to design review under Section 13A.
4.4 REGULATIONS FOR MULTI-FAMILY RESIDENTIAL DISTRICTS - R-3, (GARDEN APARTMENTS) - The regulations in this Section shall apply to all land in the R-3 Districts and shall be subject to all the general provisions and regulations of this Ordinance.
4.4.1 PERMITTED USES28
(a) Any use permitted in the R-2 Residential Districts. New dwelling unit construction on vacant R-3 project sites must contain the minimum density permitted in the district, inclusive of Accessory Dwelling Units that can be constructed without approval of a Variance to a development standard.
(b) Multi-family dwellings.
(c) Permanent supportive housing.
(d) Transitional and supportive housing.
(b)(e)Farmworker housing.
(c)(f) Single-family row dwellings.
(d)(g)Accessory uses which are necessary to multi-family dwellings and single-family row dwellings.
(e)(h)Accessory Dwelling Units
4.4.2 CONDITIONAL USES29 - The following uses shall be permitted only when authorized by a Conditional Use Permit:
(a) Those uses permitted in any R-1 or R-2 Districts with a Conditional Use Permit and as regulated therein.
(b) Homes for the ambulatory aged and retirement homes. (c) Hospital or sanitarium.
27 Added by Ord. 2020-1148, §10, 6/23/2020
28 Amended by Ord. 2020-1148, §11, 6/23/2020
29 Amended by Ord. 2018-1131, §8, 4/24/2018; Added by Ord. 831, 10/11/90; amended by Ord. 999, 5/27/04; Amended by Ord. 2020-1148, §12, 6/23/2020
354
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 15
4.4.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS30
(a) LOT AREA - Every building hereafter erected or structurally altered as a multiplefamily dwelling, apartment or row dwelling structure containing more than two dwelling units in the R-3 Districts shall provide a lot area per dwelling unit of not less than 1,950 square feet plus 250 square feet for each bedroom in such unit, and no such use shall be established on a site less than 6,000 square feet in area, provided however that:
(1) Where a building site is of such size as to provide an excess area over and above the minimum required area of 1,950 square feet per dwelling unit, one additional dwelling unit, not including a bedroom, may be constructed or structurally altered, provided the excess lot area is 1,000 square feet or more.
(2) On sites designated R-3 within the Downtown Specific Plan Area as identified in the Downtown Plan Zoning Policy Map Figure 7.1 (pg. 7.13) and Land Use Policy Map Figure 5.1 (pg. 5.6), the minimum lot size shall be 7,200 square feet. Minimum lot frontage shall be 72 feet and minimum average lot width shall be 60 feet.
(b) LOT AREA - CONDITIONAL USE - The minimum area and dimension of site for Conditional Uses which constitute the principal use of the property shall be prescribed by the Commission at the time a Conditional Use is authorized, but in no case shall any such site be less than 10,000 square feet in area, or less than 75 feet in average width.
(c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building site in this District shall not exceed 0.85.
(d) HEIGHT LIMITATION - No multi-family structure in any R-3 District shall have a height in excess of two stories designed for living purposes or 35 feet, provided that in the case of structures having frontage on the down slope side of a street the maximum height and number of stories may be measured from top of curb at mid-point of frontage of said lot.
(e) DOWNTOWN SPECIFIC PLAN SITE DEVELOPMENT STANDARDS - Maximum height for multi-family structures within the Downtown Specific Plan Area as identified in the Downtown Plan Zoning Policy Map Figure 7.1 and the Land Use Policy Map Figure 5.1, shall be 40 feet. Building and site design and development shall be subject to the provisions of Section 5.3.14, 5.3.15, 5.3.16, and 5.3.17 of this 30 Amended by Ord. 502, 2/22/73; Amended by Ord. 850, 10/24/91; Amended by Ord. 2020-1148, §13, 6/23/2020
355
Belmont Zoning Ordinance
Section 4, Page 16 | City of Belmont | Draft Zoning Amendments Ordinance together with all the general provisions of this Ordinance unless otherwise noted and in the event of conflict these regulations shall prevail.31
4.4.4 YARD AREAS - No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement, except as provided for in Section 24.32
(a) FRONT YARD - The minimum depth of front yard shall be 15 feet provided, however, that a greater depth may be required as prescribed in Section 9.7.4. (b) SIDE YARD
(1) For one and two story multiple-family dwellings there shall be provided and maintained a side yard of not less than six feet on each side of the principal building. For multiple-family dwelling structures of more than two stories in height, the side yard adjacent thereto shall be increased two feet in width for each additional story or fraction thereof above two stories, but in no case shall a side yard of more than 25 feet be required.
(2) For one and two story multiple-family dwellings on corner lots, there shall be maintained a minimum side yard of not less than 15 feet on the side adjacent to the street which intersects that street upon which the building maintains frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50% of the front yard required on the lots in the rear of such corner lots but such setback need not exceed 10 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than six feet to the side lot line of said adjacent lots. For multiplefamily dwelling structures of more than two stories in height, the minimum required side yards shall be increased two feet in width for each additional story or fraction thereof, but in no case shall a side yard of more than 25 feet be required.
(3) On a site improved with a non-residential building, exclusive of residential accessory buildings, there shall be a side yard of not less than 10 feet on each side of the principal structure. Additional side yard area may be required as a part of the conditions of a Conditional Use Permit.
(c) (c) REAR YARD - The minimum rear yard shall be not less than 15 feet, for habitable portions of a principal building, and not less than 10 feet for all nonhabitable structures or portions of the principal building. For buildings more than 31 Amended by Ord. 481, 5/8/72
32 Amended by Ord. 2017-1118, §15, 5/23/2017; Amended by Ord. 481, 5/8/72; Amended by Ord. 2020- 1148, §14, 6/23/2020
356
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 17 three stories in height the minimum rear yard shall be increase two feet for each additional story or fraction thereof, but in no case shall a rear yard of more than 25 feet be required. All required rear yards shall be unobstructed from ground level to the sky, except as otherwise provided in this Section.
4.4.5 OPEN SPACE REQUIREMENTS
(a) Not less than 300 square feet of open lot area, exclusive of any required vehicular driveways, shall be provided for each dwelling unit on the ground floor and at least 150 square feet of open lot area, exclusive of any required vehicular driveways, shall be provided for each dwelling unit above the first floor. (b) The required open lot area for each ground floor dwelling unit shall be contiguous thereto, and shall have an average width of not less than 10 feet and an average length of not less than 20 feet. Such open lot area may include the required minimum yard areas set forth in this Section. Open roof decks, balconies, lanais or other open structural areas made a part of the building and improved for outdoor living, may be used to satisfy the open lot area requirements for each dwelling unit above the first floor, provided such open roof decks, balconies, lanais or other open structural areas contain a usable floor area of not less than 150 square feet for each dwelling unit.
(c) The proposed improvement of all required open lot area (garden patios) or roof decks, balconies, lanais or other structural areas intended for outdoor living shall be shown on plans submitted with applications for building permits, and upon the approval of such plans shall be considered a required part of the site and structure improvements.
4.4.6 DESIGN REVIEW. 33 . All new construction and exterior modifications are subject to design review under Section 13.
4.4.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in accordance with the provisions of Section 8 and 24, as applicable.34
4.5 REGULATIONS FOR MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICTS - R-4 - The regulations in this Section shall apply to all land in the R-4 Districts and shall be subject to all the general provisions and regulations of this Ordinance.
4.5.1 PERMITED USES35
(a) Any use permitted in any R-3 Residential Districts, provided however that new construction on vacant R-4 project sites must contain the minimum density 33 Amended by Ord. 2020-1148, §15, 6/23/2020
34 Amended by Ord. 2017-1118, §16, 5/23/2017
35 Amended by Ord. 2020-1148, §16, 6/23/2020
357
Belmont Zoning Ordinance
Section 4, Page 18 | City of Belmont | Draft Zoning Amendments permitted in the district, inclusive of Accessory Dwelling Units that can be constructed without approval of a Variance to a development standard. (b) Accessory uses which are necessary to the above mentioned uses.
4.5.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:36
(a) Any Conditional Use permitted in the R-3 Multi-Family Residential Districts. (b) Residential Care Facilities serving more than six persons.37 (c)(b)Lodging, boarding or rooming houses as defined in this Ordinance. (d)(c)Private clubs or lodges, except those the chief activity of which is a service normally carried on as a business. The serving of food and meals may be permitted provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests may be allowed in conjunction with the operation of a dining room, or they may be served in a separate room or rooms.
(e)(d)Fraternity and sorority houses.
(f)(e) Hospitals and sanitariums, but not including animal hospitals.
4.5.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS38
(a) LOT AREA - The minimum lot area for multi-family dwellings is the greater of:
(1) 6,000 square feet, or
(2) 750 square feet for the first dwelling unit plus for each unit thereafter 1,450 square feet per unit and 125 square feet per bedroom.
(b) LOT AREA - CONDITIONAL USE - Minimum lot sizes for Conditional Uses shall be the same as prescribed in the R-3 District, Multiple-Family Dwelling. (c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building site in this District shall not exceed 1.4.
(d) HEIGHT LIMITATION - No multi-family structure in any R-4 District shall have a height in excess of 50 feet, provided that in the case of structures having frontage on the down slope side of a street the maximum height may be measured from top of curb at midpoint of frontage of said lot.
36 Amended by Ord. 2018-1131, §9, 4/24/2018
37 Amended by Ord. 2014-1118, §12, 5/23/2014
38 Amended by Ord. 502, 2/22/73; Added by Ord. 850, 10/24/91; Amended by Ord. 2020-1148, §17, 6/23/2020
358
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 19 Non-habitable building features such as chimneys (up to six feet in width), cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet.
4.5.4 YARD AREAS - The regulations set forth for R-3 Districts in Section 4.4.4 shall apply to all R-4 Multi-Family Residential Districts.
4.5.5 OPEN SPACE REQUIREMENTS - The regulations set forth in the R-3 Districts in Section
4.4.5 shall apply to all R-4 Multi-Family Residential Districts.39
4.5.6 DESIGN REVIEW All new construction and exterior modifications are subject to design review under Section 13.40
4.5.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in accordance with the provisions of Section 8 and 24, as applicable. 41 4.6 REGULATIONS FOR HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICTS - R-5 - The regulations in this Section shall apply to all land in the R-5 Districts and shall be subject to all the general provisions and regulations of this Ordinance.
4.6.1 PERMITTED USES - Any use permitted in any R-1, R-2, R-3 or R-4 Districts.
4.6.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:42
(a) Any use permitted as a Conditional Use in the R-4 Multi-Family Residential Districts.
(b) Apartment Hotels.
(c) Private clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership. (d) Multi-family structures having a height in excess of 50 feet.
4.6.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS43
(a) LOT AREA – The minimum lot area for a multiple-family dwelling is the greater of:
39 Amended by Ord. 850, 10/24/91
40 Amended by Ord. 2020-1148, §18, 6/23/2020
41 Amended by Ord. 2017-1118, §17, 5/23/2017
42 Amended by Ord. 2018-1131, §10, 4/24/2018
43 Amended by Ord. 502, 2/22/73; Amended by Ord. 850, 10/24/91; Added by Ord. 850, 10/24/91; Amended by Ord. 2020-1148, §19, 6/23/2020
359
Belmont Zoning Ordinance
Section 4, Page 20 | City of Belmont | Draft Zoning Amendments (1) 7,200 square feet in area, or
(2) 1000 square feet per unit plus 100 square feet for each bedroom in such unit. (b) LOT AREA - CONDITIONAL USE - Minimum building site sizes for Conditional Uses shall be prescribed by the Commission at the time a Conditional Use is authorized, but in no case shall any such site be less than 7,200 square feet in area, or less than 60 feet in average width.
(c) FLOOR AREA RATIO - The floor area ratios of buildings and structures in this District shall not exceed 3.5.
(d) HEIGHT LIMITATION - No multi-family structure in any R-5 District shall have a height in excess of 50 feet, provided that in the case of structures having frontage on the down slope side of a street the maximum height may be measured from top of curb at midpoint of frontage of said lot subject to the provisions of Section
4.6.2 (d).
Non-habitable building features such as chimneys (up to six feet in width), cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet.
4.6.4 YARD AREAS
(a) FRONT YARD - The same regulations shall apply as required in the R-3 District, Multi- Family Dwelling.
(b) SIDE YARD
(1) For one and two story multi-family dwellings, there shall be provided and maintained a side yard of not less than six feet on each side of the principal building. For multi-family dwelling structures of more than two stories in height, the side yard adjacent thereto shall be increased one foot in width for each additional story or fraction thereof, but in no case shall a side yard of more than 20 feet be required.
(2) For one and two story multiple-family dwellings on corner lots, there shall be maintained a minimum side yard of not less than 15 feet on the side adjacent to the street which intersects the street upon which the building maintains lot frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50 percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed 10 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than six feet to the side lot line of said adjacent lots. For multi-family dwelling structures of more than two stories in height, the minimum required side yards shall be increased one foot in 360
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 21 width for each additional story or fraction thereof, but in no case shall a side yard of more than 20 feet be required.44
(c) REAR YARD - On a building site upon which a building is constructed there shall be a rear yard of not less than 15 feet, for habitable portions of the building, and not less than 10 feet for all non-habitable structures or portions of the principal building. For buildings more than three stories in height the minimum rear yard shall be increased two feet for each additional story or fraction thereof, but in no case shall a rear yard of more than 25 feet be required. (1) On a building site improved with a non-residential building, exclusive of residential accessory buildings, there shall be a side yard of not less than 10 feet on each side of the principal structure. Additional side yard area may be required as a part of a Conditional Use Permit.
All required rear yards shall be unobstructed from ground level to the sky, except as otherwise provided in this Ordinance.
4.6.5 OPEN SPACE REQUIREMENTS - The regulations set forth in the R-3 Districts in Section
4.4.5 shall apply to all R-5 Multi-Family Residential Districts.45
4.6.6 DESIGN REVIEW - All new construction and exterior modifications are subject to design review under Section 13.46
4.6.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in accordance with the provisions of Section 8 and 24, as applicable.47
4.7 HILLSIDE RESIDENTIAL AND OPEN SPACE (HRO) DISTRICTS (note: HRO-1 applies to unsubdivided, HRO-2 applies to subdivided).48
4.7.1 PURPOSE - The City Council finds and declares that certain areas of the City provide unique terrain features and add substantially to the character of the area, that the location and visibility of development therein will affect the visual quality of the environment, and that hillside development should preserve the natural terrain while providing a density of residential development compatible with the limitations of slope on the development site. The Council further finds that there are geologic and soils hazards in the area, steep slopes, and inadequate roadways making it necessary to reduce density in portions of the San Juan Hills Area to protect the public safety and to reduce significant and cumulative traffic impacts to the Ralston Avenue corridor. The 44 Amended by Ord. 481, 5/8/72
45 Amended by Ord. 850, 10/24/91
46 Amended by Ord. 2020-1148, §20, 6/23/2020
47 Amended by Ord. 2017-1118, §18, 5/23/2017
48 Amended by Ord. 808, 4/11/89; Ord. 848, 8/8/91
361
Belmont Zoning Ordinance
Section 4, Page 22 | City of Belmont | Draft Zoning Amendments objectives of this chapter's regulations are to encourage minimal grading and to reduce citizens' exposure to hazardous slopes by decreasing residential density as slope increases, to encourage clustering of homes and density transfer to reduce roadway and driveway grading, to regulate home size, and to encourage the voluntary merger of lots.
4.7.2 PERMITTED USES - The following uses shall be permitted in the HRO-1, HRO-2 and HRO3 Districts:
(a) SingleOne- family residences except in the HRO-3 Zone west of Hastings Drive and accessed by Carlmont Drive.
(b) Private stables for the keeping of horses as provided for in the City Code. (c) Accessory structures and uses located on the same site as a singleone- family residence for which the use is clearly related to single-family dwelling, including the following:49
(1) Garages and carports.
(2) Garden structures.
(3) Greenhouses.
(4) Storage buildings.
(5) Recreation rooms.
(6) Hobby shops provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom. (7) Private swimming pools.
(8) Accessory Dwelling Units.
(d) Home occupations as defined in Section 2.68 and associated signs not exceeding one square foot in area.
(e) Residential care facilities that serve seven or more .persons. (f) Residential care facilities, small that serve six or fewer persons.. (e)(g)Temporary subdivision sales offices in accordance with the provisions of Section
9.5.2 of this Ordinance provided such use is for no more than 60 days. (f)(h) Temporary buildings or trailers used during construction on the site, for a period not to exceed the duration of the related building permit. (i) Transitional and supportive housing located in single-family residences. 49 Amended by Ord. 2017-1118, §19, 5/23/2017
362
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 23 (g)(j) A sign not exceeding 4 square feet in area pertaining to the sale, lease, rental, or display of the property on which the sign is located.
(h)(k)Small-family day care homes.
4.7.3 CONDITIONAL USES - The following uses are permitted in the HRO-1, HRO-2, and HRO3 Districts, except as otherwise specified, only when authorized by a Conditional Use Permit:50
(a) Public parks and playgrounds and other public recreation facilities. (b) Public, parochial and private elementary schools and high schools. (c) Kindergartens, nursery schools and large-family day-care homes. (d) Churches, parish houses, monasteries, convents and other religious institutions. (e) Public and private philanthropic institutions.
(f) Reserved.
(g) Public and private, nonprofit libraries and museums. (h) Public buildings and grounds when found by the Commission to be necessary for the public health, safety or welfare.
(i) Public utility and public service structures or installations when found by the Commission to be necessary for the public health, safety or welfare. (j) Incidental and accessory structures and uses located on the same site with and necessary to the operation of a Conditional Use.
(k) Clustered dwelling units in the HRO-1 and HRO-3 zones, and townhouses in the HRO-3 Zone.51
(l) Density transfer of dwelling units in the HRO-2 Zone. (m) Floor area transfer in the HRO-2 Zone.
(n) Mobile home parks.
(n)(o) Signs for conditional uses, which do not exceed 10 square feet in area, are not illuminated, and are wall mounted.
4.7.4 LOT DIMENSION STANDARDS FOR HRO-1, HRO-2, AND HRO-3 ZONES:52 (a) Lot Width - The minimum average lot width shall be 60 feet. (b) Lot Frontage - All lots shall have a minimum frontage of 40 feet. 50 Amended by Ord. 2017-1118, §20, 5/23/2017; Ord. 2018-1131, §11, 4/24/2018 51 Amended by Ord. 848, 8/8/91
52 Amended by Ord. 999, 5/27/04
363
Belmont Zoning Ordinance
Section 4, Page 24 | City of Belmont | Draft Zoning Amendments (c) Lot dimension standards for individual townhouses in the HRO-3 zone shall be as established through the conditional use permit process.53
4.7.5 YARD AREA REQUIREMENTS FOR HRO-1, HRO-2, AND HRO-3 ZONES:54 (a) The minimum yard areas for primary structures shall be as follows:
Front yard - 15 feet.
Rear yard - 15 feet.
Side yard - 7 feet.
(b) Except as provided in Section 24, the minimum yard areas for accessory structures shall be as follows:
(1) Front yard 18 feet.
(2) Side and rear yards 7 feet.
(3) No accessory building on a reversed corner lot shall project beyond the inner line of the front yard required on the adjacent lot to the rear, nor be located less than seven feet from the side lot line of such adjacent lot. (4) A detached accessory building on a corner lot must be located at least fifteen feet from side lot line having frontage on a street, and seven feet from the interior side lot line.
(c) Except as provided in Section 24, the total of all accessory structures shall not occupy more than 30% of any required yard area.
(d) The minimum yard areas for townhouses in the HRO-3 zone shall be as established through the conditional use permit process.55
4.7.6 BUILDING HEIGHT - The maximum height for primary structures shall be 28 feet. Except as provided in Section 24, the maximum height for accessory structures shall be 15 feet.56
4.7.7 OFF-STREET PARKING - Off-street automobile parking spaces shall be provided in accordance with the provisions of Section 8 and 24, as applicable.57
4.7.8 FENCES, WALLS, AND HEDGES - Fences, walls, and hedges not exceeding six feet in height shall be permitted with the exception that no fence, wall, or hedge on a corner 53 Amended by Ord. 848, 8/8/91
54 Amended by Ord. 2017-1118, §21, 5/23/2017
55 Amended by Ord. 848, 8/8/91
56 Amended by Ord. 2017-1118, §22, 5/23/2017
57 Amended by Ord. 2017-1118, §23, 5/23/2017
364
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 25 lot shall exceed 3 ½ feet in height when located within 25 feet of the property corner at the street intersection.
4.7.9 GENERAL RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - The maximum allowed residential dwelling unit densities and minimum lot sizes in the HRO districts shall be computed in accordance with the applicable provisions of the Slope Density Table in this Section unless a conditional use permit authorizing a smaller lot size is approved pursuant to provisions in the respective HRO Zone. The maximum allowable densities and the minimum allowable lot sizes shall be based upon net land area (after subtracting public street rights of way and vehicular access easements). Lot slope shall be calculated using the formula from the definitions section of Ordinance 360 and lot slopes ending in ½% or more shall be rounded to the next highest whole number. Each lot created by subdivision, or any remainder parcel associated with a subdivision, shall individually meet the minimum lot size standard based upon that lot's particular slope.
The allowable density indicated, however, does not preclude the hearing body from determining that a lower density, or larger lots, from that indicated is required to meet the purpose of this ordinance and the goals and policies of the General Plan.
TABLE 158
HRO DENSITY AND MINIMUM LOT SIZE STANDARDS
AVERAGE LOT SLOPE DWELLINGS PER NEW ACRE MINIMUM LOT SIZE 1 – 10% 1.452 30292
11% 1.357 32100
12% 1.274 34192
13% 1.200 36300
14% 1.134 38413
15% 1.076 40483
16% 1.023 42581
17% 0.908 47974
18% 0.816 53382
19% 0.741 58785
20% 0.679 64153
21% 0.626 69585
22% 0.581 74974
23% 0.542 80369
24% 0.508 85748
25% 0.478 91130
58 Amended by Ord. 979, 5/14/02
365
Belmont Zoning Ordinance
Section 4, Page 26 | City of Belmont | Draft Zoning Amendments 26% 0.448 97232
27% 0.422 103223
28% 0.399 109173
29% 0.378 115238
30% 0.359 121337
31% 0.342 127368
32% 0.315 138286
33% 0.292 149178
34% 0.271 160738
35% 0.243 179259
36% 0.220 198000
37% 0.201 216716
38% 0.184 236739
39% 0.171 254737
40% 0.159 273962
41% 0.145 300414
42% 0.133 327519
43% 0.123 354146
44% 0.115 378783
45% 0.108 403333
4.7.10 HRO-1 ZONING DISTRICT STANDARDS
(a) RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - Each lot existing as of the time of application of this ordinance and each lot created by land division shall comply with the General Density and Lot Size Standards of Section 4.7.9 unless a use permit for clustering is granted pursuant to the procedures and noticing requirements of Section 11.
(b) FLOOR AREA - The maximum allowable floor area shall be 4,500 sq. ft. on parcels 20,000 sq. ft. and larger, and on clustered developments with an average lot size of 20,000 sq. ft. and larger. The maximum allowable floor area on all other lots shall be 3,500 sq. ft.
(c) CLUSTERING OF SINGLE FAMILY RESIDENCES - The grouping of residences on smaller lots and in closer proximity than otherwise permitted may be allowed in the HRO-1 District upon the granting of a Conditional Use Permit in order to reduce grading, visual impact, and provide permanent open space. (1) Application requirements. A Conditional Use Permit application for clustering shall be accompanied by the following:
(A) A map showing the existing parcels with dimensioned parcel boundaries, parcel areas, and topography at five (5) foot contour intervals or less. 366
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 27 (B) Site plan showing the proposed parcels with dimensioned parcel boundaries, parcel areas, together with proposed locations of all homes, yard areas, driveways, and grading.
(C) Proposal for the location, ownership, and management of the permanent open space.
(2) Standards for Clustering:
(A) Residential density within the clustered development shall be required to meet the density standards of section 4.7.9 but not the minimum lot size standards.
(B) The minimum lot size in clustered development shall be 10,000 sq. ft. (C) The lot dimension standards of Section 4.7.4 shall not apply. Clustered lots shall not be less than 50 feet in average width, nor have less than 30 feet street frontage.
(D) Permanent open space shall be provided over all open space parcels and over all portions of lots exceeding 10,000 sq. ft.
(E) Except as provided herein, all other development standards of the HRO1 district shall apply. (3) Conditional Use Permit Findings Required for Planning Commission Approval. In addition to the standard Use Permit findings, the Commission must also find that:59
(A) The development resulting from clustering is consistent with the policies of the San Juan Hills Area Plan.
(B) The development which would result from clustering of residences would reduce grading and vegetation removal and result in better home sites and overall pattern of development than could be achieved through the application of this ordinance without clustering.
(C) The open space areas will not create an enforcement or maintenance problem and will be protected from development by the establishment of an open space or conservation easement over its entirety, and adequate provision for the ownership and management of such property and easements will be provided.
(D) All clustering standards will be met.
59 Amended by Ord. 2018-1131, §12, 4/24/2018
367
Belmont Zoning Ordinance
Section 4, Page 28 | City of Belmont | Draft Zoning Amendments
4.7.11 HRO-2 ZONING DISTRICT STANDARDS60
(a) RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - Each lot and land subdivision shall comply with the general density and lot size standards of Section 4.7.9 unless a permit for Density or Floor Area Transfer, or a Lot Line Adjustment is approved. (b) FLOOR AREA RATIO - Except as provided in Section 24, the permitted floor area on lots 40,000 sq. ft. or larger in area shall be 3,500 sq. ft. The permitted floor areas on lots less than 40,000 sq. ft. are based on lot slope and shall be determined using the applicable floor area ratio in Table 2. The floor area on each lot shall not total more than 3,500 sq. ft. and is allowed to be at least 900 sq. ft.61 TABLE 262
HRO-2 FLOOR AREA RATIO STANDARDS
AVERAGE LOT SLOPE FAR SLIDING SCALE
MINIMUM FLOOR AREA
(LOTs 31% - 45% SLOPE
AND UP)
1 – 10% 0.350 1,200
11% 0.327 1,200
12% 0.307 1,200
13% 0.289 1,200
14% 0.273 1,200
15% 0.259 1,200
16% 0.246 1,200
17% 0.219 1,200
18% 0.197 1,200
19% 0.179 1,200
20% 0.164 1,200
21% 0.151 1,200
22% 0.140 1,200
23% 0.131 1,200
24% 0.122 1,200
25% 0.115 1,200
26% 0.108 1,200
27% 0.102 1,200
60 Amended by Ord. 2018-1131, §13, 4/24/2018
61 Amended by Ord. 2017-1118, §24, 5/23/2017
62 Amended by Ord. 982, 1/28/03
368
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 29 28% 0.096 1,200
29% 0.091 1,200
30% 0.087 1,200
31% 0.083 1,180
32% 0.076 1,160
33% 0.070 1,140
34% 0.065 1,120
35% 0.059 1,100
36% 0.053 1,080
37% 0.048 1,060
38% 0.044 1,040
39% 0.041 1,020
40% 0.038 1,000
41% 0.035 980
42% 0.032 960
43% 0.030 940
44% 0.028 920
45% & UP 0.026 900
(c) SUBSTANDARD LOTS - Vacant lots which are nonconforming to the required lot size shall be allowed a floor area which is the larger of 1,200 sq. ft. or the floor area ratio applicable to the lot's slope category, except when the average lot slope exceeds 30%, then the allowed floor area shall be the larger of the minimum floor area or the floor area ratio applicable to the lot’s slope category as shown on Table 2 – HRO-2 Floor Area Ratio Standards.63
(d) FLOOR AREA TRANSFER The permanent transfer of floor area development potential in the HRO 2 Zoning District from one discontinuous site to another site within the HRO-2 Zoning District shall be permitted upon approval of an Administrative Floor Area Transfer application by the Zoning Administrator. Any project resulting in a floor area ratio exceeding 0.5 shall be subject to public hearing by the Planning Commission. Floor Area Transfer applications are subject to the following:64
(1) Application requirements A Floor Area Transfer application shall be accompanied by the following:
63 Amended by Ord. 979, 5/14/02; Ord. 982, 1/28/03
64 Amended by Ord. 2018-1133, §1, 8/28/2018
369
Belmont Zoning Ordinance
Section 4, Page 30 | City of Belmont | Draft Zoning Amendments (A) Map showing the location and boundaries of the proposed sending and receiving parcels.
(B) Calculations showing the maximum allowable floor area on the receiving parcel according to the requirements of this ordinance. (C) Site plan of the receiving parcel showing the proposed locations of all buildings, driveways, and grading.
(D) A signed contractual agreement with the owner of the sending property to transfer floor area to the owner of the receiving parcel, and agreeing to record an open space or conservation easement restricting all development potential attributable to the sending parcel, and evidence of title insurance on the sending parcel indicating that the parties to the contractual agreement have the right to enter into such a contract. (E) Program for ownership and management of the sending property. Such a program may include merger with contiguous property, fee ownership by a private conservation organization; fee ownership by the owner of the receiving parcel, or other means approved by the Planning Commission.
(F) If the receiving parcel is not served by a roadway that is improved to current City standards, an approved hillside road improvement plan.6565 (2) Standards for Floor Area Transfer
(A) Floor area and development rights transfer shall be by recordation of a deed of development rights transfer on each lot describing the transfer between the owners of the sending and receiving parcels. (B) An open space or conservation easement and an ownership and open space management plan for the sending parcel shall be approved and recorded prior to issuance of a building permit for construction of any transferred floor area.
(C) The total floor area allowed on the receiving property shall be that which would be allowed on the receiving lot plus 1,200 sq. ft. If the applicant can demonstrate through survey that the sending property would yield more than 1,200 sq. ft. then the floor area allowed on the receiving site shall be the summation of the floor area allowed on the sending and receiving sites. Total allowed floor area shall not exceed 3,500 sq. ft. on any one lot.
(3) Conditional Use Permit Findings Required for Approval 65 Amended by Ord. 2018-1133, §1, 8/28/2018
370
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 31 (A) The proposed transfer of density is consistent with the policies of the San Juan Hills Area Plan and the Geologic Hazards Ordinance. (B) Adequate infrastructure exists or its construction is assured, and for sites requiring road improvement plans, such plans have been approved. (C) The pattern of development which would result from the transfer of floor area is better than could be achieved through the application of this ordinance without floor area transfer, due to less grading, less street and utility extension, and better building site locations.
(D) The sending property will be protected from development by the establishment of a conservation easement over its entirety, or be merged with an adjacent lot and a conservation easement established over land equal in area to the sending site, and the ownership and management of such property will be adequately provided for.
(E) The proposed building sites will not be in an area designated Md or Pdf on the current geologic hazards map.
(F) All floor area transfer standards will be met.
(e) DENSITY TRANSFER - The permanent transfer of residential units in the HRO-2 Zoning District from one group of lots to another nondiscontiguous site along the same roadway and within the same statistical subarea as shown on the San Juan Hills Area Plan shall be permitted upon approval of a conditional use permit by the Planning Commission. Density transfer use permits are subject to the following:
(1) Application requirements - A conditional use permit application for density transfer shall be accompanied by the following:
(A) Map showing the location and boundaries of the proposed sending and receiving parcels.
(B) Calculations showing the maximum allowable density and minimum lot size on the sending and receiving parcels according to the requirements of this ordinance.
(C) Site plan of the receiving parcels showing the proposed locations of all homes, driveways, and grading.
(D) A signed contractual agreement with the owner of the sending property to transfer density to the owner of the receiving parcel, and agreeing to record an open space or conservation easement restricting all development potential attributable to the sending parcel and evidence of title insurance for the sending parcel indicating that the parties to the contractual agreement have the right to enter into such a contract. 371
Belmont Zoning Ordinance
Section 4, Page 32 | City of Belmont | Draft Zoning Amendments (E) Program for ownership and management of the sending property. Such a program may include merger with contiguous property, fee ownership by a qualified private conservation organization, fee ownership by the owners of the receiving parcel, or other means approved by the Planning Commission.
(F) An application for a tentative subdivision map.
(G) An approved hillside road improvement plan.
(2) Standards for Density Transfer
(A) The receiving site shall be at least 20,000 sq. ft. and each lot created as part of the density transfer procedure shall be a minimum of 10,000 sq. ft. and shall not be required to meet the minimum lot size standards Section 4.7.9. b. One transferred residential unit shall be allowed for each 3 lots, which have density transferred from them.
(B) Density transfer shall be by recordation of a deed of development rights transfer on each lot describing the transfer between the owners of the sending and receiving parcels.
(C) An open space or conservation easement and an ownership and open space management plan shall be approved and in place prior to issuance of a building permit for construction of any transferred density. (D) The floor area allowed on each lot created as part of the density transfer procedure shall be 3,500 sq. ft.
(3) Conditional Use Permit Findings Required for Approval (A) The proposed transfer of density is consistent with the policies of the San Juan Hills Area Plan and the Geologic Hazards Ordinance. (B) Adequate infrastructure exists or its construction is assured. (C) The pattern of development which would result from the transfer of density is better than could be achieved through the application of this ordinance without density transfer, by reducing the need for roadway extensions, reducing grading, and relocating development potential to less steep areas.
(D) The sending property will be protected from development by the establishment of a conservation easement over its entirety, or be merged with an adjacent lot and a conservation easement established over land equal in area to the sending site, and the ownership and management of such property will be adequately provided for.
(E) The proposed building sites will not be in an area designated Md or Pdf on the current geologic hazards map.
(F) All density transfer standards will be met.
372
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 33 (f) LOT LINE ADJUSTMENTS: Lot line adjustments are permitted in the HRO-2 Zoning District upon approval by the Zoning Administrator. Any lot line adjustment resulting in four (4) or more reconfigured lots shall be subject to a public hearing by the Planning Commission. Lot line adjustment applications are subject to the following:
(1) Application Requirements:
(A) Site plan of the proposed parcels showing existing property lines, the proposed sizes of the newly configured parcels, and the locations of all homes, driveways, and grading.
(B) An approved road improvement plan.
(2) Standards for Lot Line Adjustments:
(A) The lot size standards of Ssection 4.7.11a must be met. They may be waived if the following standards are met:
(xviii) The proposed lot line adjustment is consistent with the policies of the San Juan Hills Area Plan and the Geologic Hazards Ordinance. (xix) The pattern of development which would result is better than could be achieved through the application of this ordinance without lot line adjustment, due to less grading, less street and utility extension, and better building site locations.
(xx) The total number of lots is reduced.
(xxi) No reconfigured lot shall be less than 10,000 sq. ft. and no lot shall be reduced from its present size.
(xxii) Adequate infrastructure exists or its construction is assured. (B) For each lot eliminated 900 sq. ft. shall be allowed on the reconfigured site in addition to that which would be allowed on the newly configured lot by the floor area standards of Sec.4.7.11 (b), up to a maximum of 3,500 sq. ft.
4.7.12 HRO-3 ZONING DISTRICT STANDARDS66
(a) RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - Each lot existing as of the time of application of this ordinance and each lot created by land division shall comply with the General Density and Lot Size Standards of Section 4.7.9 unless a use permit for clustering of single family homes or townhouses is granted.67 66 Added by Ord. 848, 8/8/91
67 Amended by Ord. 2018-1131, §14, 4/24/2018
373
Belmont Zoning Ordinance
Section 4, Page 34 | City of Belmont | Draft Zoning Amendments (b) FLOOR AREA - Except as provided in Section 24, the maximum allowable floor area for single-family homes shall be 3,500 sq. ft. and 3,750 for single-family homes with three-car garages, 2,500 sq. ft. average unit size for townhouse developments, and 2,500 sq. ft. for single-family homes on substandard lots and on lots over 45% average slope.68
(c) CLUSTERING OF SINGLE FAMILY RESIDENCES AND TOWNHOUSES - The grouping of single family residences and townhouses on smaller lots than specified in Table 1 may be allowed in the HRO-3 District upon the granting of a Conditional Use Permit.
(1) Application requirements. A Conditional Use Permit application for clustering or townhouses shall be accompanied by the following:
(A) A map showing the existing parcels with dimensioned parcel boundaries, parcel areas, and topography at five (5) foot contour intervals or less. (B) Site plan showing the proposed parcels with dimensioned parcel boundaries, parcel areas, together with proposed locations of all homes, yard areas, driveways, and grading.
(C) A proposal for the location, ownership, and management of the permanent open space.
(D) A detailed storm drainage runoff analysis of impacts to the respective drainage area together with a schedule of necessary improvements. (E) A hillside road plan for any needed roadway extensions. (F) A preliminary plan indicating how water service will be provided. (G) Documentation that sewage treatment capacity is available. (H) A statement indicating how the proposed project complies with each of the Western Hills Area Plan policies regarding geologic hazards, biotics, land use, open space areas, community design, transportation and circulation, and infrastructure.
(2) Standards for Clustering of Single Family Homes
(A) Residential density within the development shall be required to meet the density standards of Ssection 4.7.9 but not the minimum lot size standards.
(B) The minimum lot size in clustered development shall be 10,000 sq. ft. for single family residences.
68 Amended by Ord. 2017-1118, §25, 5/23/2017
374
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 4, Page 35 (C) The lot dimension standards of Section 4.7.4 shall not apply. Clustered lots shall not be less than 50 feet in average width, nor have less than 30 feet street frontage.
(D) Permanent open space shall be provided over all open space parcels and over all portions of lots exceeding 10,000 sq. ft.
(E) Except as provided herein, all other development standards of the HRO3 district shall apply. (3) Standards for Clustering of Townhouses
(A) Residential density within the townhouse development shall be required to meet the density standards of Ssection 4.7.9 but not the minimum lot size standards.
(B) No more than 30% of all dwellings constructed in any one development east of Hastings Drive shall be townhouses, and all dwellings constructed west of Hastings Drive and accessed by Carlmont Drive shall be townhouses.
(C) The minimum lot size and building setback standards in the townhouse development shall be established through the use permit process to assure adequate open space and privacy.
(D) Fee title lots for individual townhouses shall generally conform to each unit's outer perimeter walls, private yards, garages, and driveways. (E) Private yards no less than 250 sq. ft. shall be provided for all townhouses. (F) All areas not part of developed common area or private townhouse lots shall be placed in open space parcels. Permanent open space easements shall be provided over all open space parcels. (G) Except as provided herein, all other development standards of the HRO3 district shall apply. (4) Conditional Use Permit Findings Required for Planning Commission Approval:
(A) The development resulting from clustering is consistent with the policies of the Western Hills Area Plan.
(B) For single family home clustering all standards of Section. 4.7.12(c)(2) will be met, and for townhouse clustering all standards of Section 4.7.12(c)(3) will be met.
(C) The open space areas will not create an enforcement or maintenance problem and will be protected from development by the establishment of an open space or conservation easement over its entirety, and adequate provision for the ownership and management of such property and easements will be provided.
375
Belmont Zoning Ordinance
Section 4, Page 36 | City of Belmont | Draft Zoning Amendments (D) Adequate new roadways and water, drainage, and sewerage facilities to serve the development are assured.
(E) The general use permit findings of Section 11 are supported by the nature of the request.
4.7.13 EXCEPTIONS AND VARIANCES TO HRO-1, HRO-2, AND HRO-3 STANDARDS. 69 Exceptions to floor area standards for single family homes according to the provisions of Section 4.2.10 shall not be allowed. All HRO standards shall be subject to the variance provisions of Section 10.
69 Amended by Ord. 971, 8/14/01; Ord. 2018-1131, §15, 4/24/2018 376
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 5A, Page 1
CORRIDOR MIXED USE DISTRICT
Editor’s Note: Current through Ord. 2024-1175
5A.1 CORRIDOR MIXED USE OR CMU DISTRICT - The following regulations apply in CMU Districts.
5A.1.1 PURPOSE – The Corridor Mixed Use District applies to parcels along El Camino Real outside of the Belmont Village Specific Plan area and is intended to accommodate community- and visitor-serving retail and services, lodging, office, and high density residential in a mixed use setting. A mix of uses on individual development sites is desired, but not required. A community benefits program allows additional height, and intensity to be granted in exchange for the provision of specified community benefits. 5A.1.2 PERMITTED USES. Subject to Section 9.5.6, the following are permitted uses:
(a) Animal sales and services, including animal clinics and grooming, and animal retail sales (pet shops).
(b) Banks and retail financial institutions without drive-through service. (c) Business and professional offices when located above the ground floor; and such uses on the ground floor when not replacing a use permitted by Section 5A.1.2 (d), (k), and (l) in a space not to exceed 3,000 square feet unless determined by the Director to be an office use serving walk-in clientele. (d) Business services.
(e) Emergency shelters.
(e)(f) Government buildings.
(f)(g) Instructional services.
(h) Hotels and motels.
(i) Low-barrier navigation centers.
(g)(j) Maintenance and repair services.
(h)(k)Multi-family dwellings when located above the ground floor. 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.3 (i)(l) Nursery and garden center.
(m) Permanent supportive housing.
ExhibitC
377
Belmont Zoning Ordinance
Section 5A, Page 2 | City of Belmont | Draft Zoning Amendments (j)(n) Personal services, General.
(o) Residential care facilities, and Residential care facilities, small. (k)(p)Restaurants with indoor or outdoor seating.
(l)(q) Retail stores engaged in the selling of retail products and services, including but not limited to art, appliance, auto accessories, hardware and variety stores, bakeries, dry cleaning for the retail trade only, food and drug stores, and tailor shops, but excluding building materials and services.
(r) Transitional and supportive housing.
(m)(s) Utilities, that are minor in nature and an accessory use intended to serve an existing or planned land use and meet all of the standards of the City Code. (n)(t) Restaurants with outdoor seating permissible within the public right-of-way sidewalk area, or an adjacent private parking lot, subject to temporary outdoor dining requirements established by the City. This use shall expire on August 31, 2022, or when the COVID-19 Pandemic has ceased, whichever occurs first. 5A.1.3 CONDITIONAL USES - Subject to Section 9.5.6, the following uses are allowed with a conditional use permit.
(a) Automobile rental agency.
(b) Auto/vehicle sales and services, including dealers and new and used car sales lots, automobile repair services, service stations and electric vehicle charging facilities, and vehicle washing.
(c) Banks and retail financial institutions on the ground-floor in a mixed use building, not to exceed 3,000 square feet.
(d) Commercial amusement, entertainment, and health club enterprises, including cinemas, indoor theaters, ice rinks, and related facilities, which may be publiclyor privately-owned. (e) Communication facilities, including antennas and transmission towers equipment within buildings.
(f) Community assembly.
(g) Day care centers.
(h) Emergency shelter only in the S-2 Emergency Shelter Combining District, in compliance with Section 21.
(i)(h) Group residential.
(j)(i) Health clinics.
(k)(j) Hospital
(l) Hotels and motels.
378
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 5A, Page 3 (m)(k) Multi-family dwellings on the ground floor, with a determination by the Planning Commission that a single use building is appropriate for the site and is setback at least 10 feet from the front and street side lot lines. In determining whether a single use building is appropriate for the site, the Commission shall consider whether:
(1) The layout and street orientation of the project site, parking and circulation traffic pattern for the project are conducive for the operation of ground floor commercial, retail or restaurant uses.
(2) The project would be replacing an existing retail or restaurant use on site. (3) There are existing commercial, retail, or restaurant uses within ¼ mile of the project site that would meet the needs of the building occupants. (4) The project would provide 30% or more units of affordable housing. (n)(l) Non-traditional financial institutions, including check-cashing facilities, payday lenders, and pawn brokers.
(o)(m) Recycling collection facilities.
(p)(n) Restaurants that sell predominantly take-out meals or provide drive-in or drive-through service.
(q)(o) Social service center.
(r)(p) Utilities and other major facilities that are determined by the Director not to be minor and accessory to a permitted or conditional use.
5A.1.4 ACCESSORY USES – Accessory uses, including ancillary and incidental uses, necessary to the operation of a use but of less intense nature, are permitted if the primary use is permitted. Where the primary use requires a conditional use permit, ancillary uses shall also require a conditional use permit.
5A.1.5 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities shall be provided in accordance with the provisions of Sections 8 and 8A. 5A.1.6 FLOOR AREA RATIO. -
(a) For hotels: Maximum 2.5.
(a)(b)For all other uses: The maximum floor area ratio in the CMU District shall be Maximum 2.0;, which may be increased up to 2.5 with provision of community benefits approved by the City Council under Section 5A.2. This FAR limit applies to the entire development on a site, inclusive of any residential component. 5A.1.7 RESIDENTIAL DENSITY – There is no maximum residential density. 5A.1.8 TRANSITIONAL YARDS - Transitional yards shall be provided according to the regulations as set forth in Section 9.7.5.
379
Belmont Zoning Ordinance
Section 5A, Page 4 | City of Belmont | Draft Zoning Amendments 5A.1.9 DESIGN REVIEW - All new construction and exterior modifications are subject to design review under Section 13.
5A.1.10 LANDSCAPING - All new structures established in this District shall be subject to landscaping requirements in Section 13.3 and the following additional requirements.
Projects involving the construction of new floor area shall provide a minimum of 10 percent of the site in landscaping and a minimum of one tree for each 400 square feet of landscape area.
5A.1.11 BUILDING HEIGHT
(a) For hotels: Maximum 65 feet in height.
(a)(b)For all other uses: Maximum 50 feet in height; 60 feet with community benefits as prescribed in Section 5A.2No building may exceed:
(1) 45 feet in height, or
(2) 55 feet with community benefits as prescribed in Section 5A.2. (b)(c)Non-habitable building features such as chimneys (up to six feet in width), cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet. 5A.1.12 SITE DEVELOPMENT STANDARDS - All development shall conform to the following:
(a) Minimum lot size shall be 7,200 square feet.
(b) Minimum lot width shall be 60 feet.
(c) Minimum setback requirements: None except for ground-floor residential uses to which the following setbacks apply: 10 feet front yard; five feet plus two feet per each additional story above three stories, side yard; and 15 feet rear yard. (d) Minimum upper-story horizontal setbacks for residential uses: Ffive feet from a vertical plane projected upward from an interior lot line; 10 feet for a bedroom or living room window and five feet on either side of that window. (e) Minimum ground floor height: 12 16 feet for non-residential space; 10 feet for residential space.
5A.1.13 BUILDING DESIGN STANDARDS - All development shall conform with the objective design standards in Section 13.6.1 and 13.6.2 as applicable and the following:
(a) Ground Floor Transparency. At least 50% of the exterior walls on the ground floor facing and within 20 feet of a front or street side lot line shall include windows, doors, or other openings located between 2.5 and seven feet above the level of the sidewalk.
(1) Design of Required Openings. Openings fulfilling this requirement shall have transparent or moderately-tinted glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window 380
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 5A, Page 5 displays that are at least three feet deep and five feet wide. Shading or use of drapes or other internal window covering for energy efficiency may be approved.
(2) Exceptions for Parking Garages. Multi-levelParking garages are not required to meet the building transparency requirement of this subsection. (3) Exceptions for residential uses. Ground floor residential uses are not required to meet the building transparency requirement of this subsection. (4) Alternatives through Design Review. Alternatives to the building transparency requirement may be permitted through Design Review if:
(A) The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and,
(B) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
(b) Building Entrances. The primary pedestrian access to all ground-level commercial uses shall be from a public sidewalk. In mixed-use developments, entrances to residential units shall be physically separated from the entrance to the commercial use and clearly marked with a physical feature such as a recess or projection incorporated into the building or appropriately-scaled element applied to the façade.
(c) Outdoor Living Area for Residential Units. A minimum of 36 square feet per unit of outdoor living area must be provided for residential units. This requirement may be met by common or private open space or a combination of the two.
Common areas may consist of landscaped areas, patios, swimming pools, barbeque areas, and similar improvements designed to serve residents.
Landscaped rooftop gardens may fulfill up to 50% of this requirement. Private areas may consist of balconies, decks, fenced yards, and similar areas directly accessible from a unit.
(d) Where buildings abut a residential-only district on an interior side or rear property line, the third story and above must be stepped back from the façade below by a minimum of five feet.
5A.2 COMMUNITY BENEFIT BONUSES
5A.2.1 PURPOSE AND APPLICABILITY. To provide an incentive for development, in partnership with the City, to provide community benefits that would not otherwise be created, the City Council may grant increased FAR, density or height in return for provision of specific community benefits, as listed below or subsequently identified by the City Council, if doing so is in the City’s interest and will help implement the General Plan, 381
Belmont Zoning Ordinance
Section 5A, Page 6 | City of Belmont | Draft Zoning Amendments and these benefits cannot be realized without granting increased FAR, height, and/or density.
5A.2.2 BONUSES AVAILABLE
(a) For Lot Consolidation. In order to promote the consolidation of small lots into larger sites, which are better able to accommodate mixed use development and thus confer community benefits, the City Council may approve an increase in the maximum allowable base FAR up to 10 percent if such an increase is needed to ensure development feasibility based on an independent, third-party appraisal.
This additional FAR may be combined with additional FAR earned for other community benefits listed in paragraph (b) below.
(b) For Other Community Benefits. Increased FAR, height, and density up to the maximums with community benefits listed in Section 5A.1.6, 5A.1.7 and 5A.1.11 may be approved by the City Council for the following community benefits:
(1) On-site affordable housing in an amount exceeding the City’s requirements for inclusionary housing established in the Zoning Ordinance. (2) Public access easements, wider sidewalks, and additional public right-of-way provided where identified in the General Plan.
(3) Public right-of-way improvements, which are in addition to those required to serve new development.
(4) Art in public places, including art in privately-owned publicly accessible plazas and courtyards.
(5) Privately owned publicly accessible open space exceeding the minimum requirements of this Ordinance, and consistent with the general types and locations of desired public parks and plazas identified in the General Plan. (6) Below-market rental rates guaranteed for a minimum of ten years for a day care center, cultural facility or incubator space for qualifying small businesses.
(7) Retention or construction of retail or office commercial development within the CMU Corridor Mixed Use District.
(8) Contributions to a Council-administered Community Fund or Community Recreation Fund, if one is created.
(9) Community recreational facilities, such as an ice rink. (10) Any other community benefit, as determined by the City Council after a dulynoticed public hearing, to be significant, substantial and essential for Specific Plan implementation and which would not otherwise be provided if increased FAR, height or density is not approved.
5A.2.3 PROCEDURES FOR AWARDING BONUSES; FINDINGS REQUIRED - After conducting a duly-noted public hearing, the City Council may grant increased FAR, density or height, 382
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 5A, Page 7 as requested by the applicant or as modified by the Council, in return for provision of specific community benefits if the City Council determines that (1) making such an award is in the City’s interest and will help implement the General Plan, (2) these benefits cannot be realized without granting increased FAR, height, and/or density, and (3) that the increase granted is the minimum necessary to realize these benefits and no adverse impacts or land use incompatibilities will be created that are judged unacceptable. The decision to grant increased FAR, density or height is discretionary, and the Council is not obligated to grant any increase if any of these required findings cannot be made.
5A.2.4 MODIFICATIONS AND CHANGED PLANS
(a) Minor Modifications. The Community Development Director may approve minor modifications, not to exceed 10 percent of any dimensional requirement or standard, to an approved project that are consistent with the original findings and conditions approved by the review authority and would result in the same or substantially similar community benefits.
(b) Changed Plans. A proposed change in an approved project subject to the requirements of this section that would result in a change of more than 10 percent increase in any dimensional requirement or standard trips must be accompanied by a statement of what modifications or additions to the approved community benefits will be made to ensure the City derives the same or substantially similar benefits. The Planning Commission may conditionally approve such a change, subject to annual monitoring, after holding a duly-noticed public hearing and confirming that the community benefit program’s objectives are being met. 5A.2.5 IMPLEMENTATION AND MONITORING - A report documenting the community benefits realized under this program or an affidavit confirming that the requirements of this section have been met must be submitted to the Community Development Director within one year of project approval. If the approved community benefits consist of solely physical development or measures that would be performed once, this report must be submitted once. For measures that are ongoing commitments, this report must be submitted annually. If the annual report shows compliance for three consecutive years, no further annual reports are required. A five-year review may be required by the Director to evaluate the overall effectiveness of all community benefits derived from this program and may suggest new or modified benefits for the Council’s consideration.
383
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 1 Off-Street Parking and Loading [New Section to
replace current Section 8 and Section 8A]
8.1 SCOPE OF REGULATIONS. The off-street parking and loading provisions of this Section apply to all existing and new development in the City of Belmont as follows:
1.1.7 For all buildings and structures erected and all uses of land established after the effective date of this Ordinance, accessory parking and loading facilities shall be provided in accordance with the regulations of the district in which such buildings or uses are located provided, however, that in the event a building permit has been issued prior to the effective date of this Ordinance, and provided that construction is begun within 60 days of such effective date and diligently prosecuted to completion, parking and loading facilities need not be provided as required in this Section.
1.1.7 Except as provided in Section 24, Accessory Dwelling Units, when the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified in this Section for required parking facilities, parking facilities as required shall be provided for such increase in intensity of use.
1.1.7 Whenever the existing use of a building or structure shall be changed to a new use, parking facilities shall be provided as required for such new use. However, if said building or structure was erected prior to the effective date of this Ordinance, additional parking or loading facilities shall be required only in the amount which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this Ordinance.
8.2 GENERAL REGULATIONS. Parking shall be provided generally as indicated in Table 8.2- 1, Minimum Parking Standards in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS and in Table 8.2-2, Parking Standards in the R-2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Village Specific Plan Districts. All parking must be developed and maintained according to the standards of this Subsection 8.2. All square feet (sf) figures represent gross floor area.
Exhibit D
384
Belmont Zoning Ordinance
Section 8, Page 2 | City of Belmont | Draft Zoning Amendments Table 8.2-1: Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS1
Residential Uses
Single-Family Dwelling
New 4 per unit (2 covered)
With Addition that Expands Bedroom Count of Principal Unit up to 3 BR = 2 (1 covered)
4-5 BR = 3 (1 covered)
6+ BR = 4 (2 covered)
Existing w/ 1-2 Covered Spaces Maintain existing on-site covered parking spaces.
Existing w/o Covered Space
Carport may be used for required covered
parking
ADUs Per BZO Sec. 24 (ADUs)
Multi-Family Dwelling
Studio
1 covered space per unit plus 1 paved open
space or covered per unit
1 bedroom
2 bedrooms
3 or more bedrooms
Residential Care Facilities 1 per 3 residents
Fraternities, Sororities, and Dormitories 1 per 5 residents Emergency Shelters 1 per staff member
Low Barrier Navigation Centers 1 per staff member
Transitional, Supportive, and Permanent Supportive
Housing
None beyond what is required for the housing
type
Commercial Uses
Lodging
Hotels, Motels 0.5 per unit or lodging room
Rooming Houses, Lodging Houses 1 per 2 lodging rooms
Retail and Service
Retail / Retail Stores 1 per 250 sf accessible to public Furniture and Appliance Stores, Household Equipment or
Furniture Repair Shop 1 per 600 sf
Mortuary 1 per 100 sf of assembly area
Service and Repair Facilities (other than Auto Service Station) 1 per 500 sf + 1 per 2,000 sf of exterior area 385
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 3 Table 8.2-1: Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS1
Automobile/Vehicle Sales and Services
Automobile Service Stations 2 per working bay + 1 per employee on largest shift
Car Wash 1 per 2 employees + 3 stacking spaces + 1 per
300 sf retail
Motor Vehicle Sales and Machinery Sales As determined by Parking Demand Study Commercial Recreation
Bowling Alley 2 per alley
Theaters (indoor) 2 per 1,000 sf1 per 5 seats
Eating and Drinking Establishments
Establishments Dispensing Food or Beverages for
Consumption on the Premises 1 space / 100 sf
Offices
Offices - Business, Professional, Financial and Government 1 per 300 sf Offices - Business, Professional, Financial and Government when Office and Retail Uses are Mixed 1 per 400 sf
Research and Development Facilities 1 per 600 sf
Warehouse/Storage Facilities
Wholesale Establishment (not including warehouses and
storage buildings other than accessory) 1 per 600 sf
Warehouse and Storage Buildings 1 per 2,000 sf
Public/Institutional Uses
Educational Institutions
Auditoriums for Schools and Colleges 1 per 6 permanent seats High Schools, Colleges, Universities, Church Schools, and Business, Professional and Trade Schools
1 per employee + 1 per 20 students on premises
at any one time
Schools - Nursery, Elementary and Intermediate (public or private) 1 per classroom
Community and Religious Assembly
Places of Assembly, including Religious Assembly,
Public/Private Community Rooms & Recreation Buildings,
and other similar uses, with fixed seats
1 per 4 fixed seats
Places of Assembly, including Religious Assembly,
Public/Private Community Rooms & Recreation Buildings,
and other similar uses, without fixed seats
1 per 60 sf of the main meeting room
386
Belmont Zoning Ordinance
Section 8, Page 4 | City of Belmont | Draft Zoning Amendments Table 8.2-1: Minimum Parking in the R-1, HRO, NC, SC, E-1, E-2.1, E-2.2, M, M.E. S-1, and S-2 Special Combining Districts, OS-P, and PS1
Libraries, Art Galleries and Museums - Public 1 per 1,000 sf Stadiums, Arenas, Auditoriums (other than college or school), Convention Halls, Dance Halls, Exhibition Halls, Skating Rinks and other similar places of assembly
1 space per 400 sf of floor area open to the
public
Private Clubs and Lodges (without sleeping facilities for guests) Spaces for 10% of capacity of persons
Public Utility and Public Service Uses 1 per 3 employees on-duty at any time plus spaces determined by Zoning
AdministratorCommunity Development Director
Medical Facilities
Hospital 1 per 1,000 sf
Clinic 1 per 300 sf
Skilled Norsing Facility 1 per 3 beds
Combined and Other Uses
2+ uses located on same site or within same building Spaces equal to the sum of the separate requirements for each use
Non-listed uses Spaces to be provided as required for the "most similar listed use" or as determined by the
Community Development Director
Note:
1 Minimum parking standards do not apply for residential, commercial, and industrial development on properties located within one half-mile radius of a major transit stop; however, minimum parking standards may be required for certain projects if the findings provided in Assembly Bill 2097 / Government Code Section 68563.2 can be made in the affirmative.
387
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 5 Table 8.2-2: Parking Standards in the R-2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Village Specific Plan Districts 1, 2
Minimum Maximum
Residential Uses
Single-Family Dwelling
New 4 per 1 unit (2 covered) -
With Addition that Expands Bedroom
Count of Principal Unit
up to 3 BR = 2 (1 covered)
4-5 BR = 3 (1 covered)
6+ BR = 4 (2 covered)
-
Existing w/ 1-2 Covered Spaces 2 -
Existing w/o Covered Space
Carport may be used for
required covered parking
-
ADUs Per BZO Sec. 24 (ADUs) -
Multi-Family Dwelling
Studio 0.5 per unit
2 per unit plus 0.5 per unit for
guest parking
1 bedroom 1 per unit
2 bedrooms 1.5 per unit
3 or more bedrooms 2 per unit
Emergency Shelters 1 per staff member -
Low Barrier Navigation Centers 1 per staff member -
Transitional, Supportive, and
Permanent Supportive Housing
None beyond what is required
for the housing type -
Commercial Uses
Lodging
Hotels, Motels 0.5 per unit or lodging room 1 per room in the BVSP only; no max in all other zones
Retail and Service
Retail / Retail Stores 2 per 1,000 sf 4 per 1,000 sf
Furniture and Appliance Stores,
Household Equipment or Furniture Repair
Shop
2 per 1,000 sf 4 per 1,000 sf
Mortuary 2 per 1,000 sf 4 per 1,000 sf
Service and Repair Facilities (other than
Auto Service Station) 2 per 1,000 sf 4 per 1,000 sf
Automobile/Vehicle Sales and Services
Automobile Service Stations 2 per 1,000 sf 4 per 1,000 sf 388
Belmont Zoning Ordinance
Section 8, Page 6 | City of Belmont | Draft Zoning Amendments Table 8.2-2: Parking Standards in the R-2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Village Specific Plan Districts 1, 2
Minimum Maximum
Car Wash 2 per 1,000 sf 4 per 1,000 sf
Motor Vehicle Sales and Machinery Sales As determined by Parking Demand Study Commercial Recreation
Bowling Alley 2 per 1,000 sf 4 per 1,000 sf
Theaters (indoor) 2 per 1,000 sf 4 per 1,000 sf
Eating and Drinking Establishments
Establishments Dispensing Food or
Beverages for Consumption on the
Premises
2 per 1,000 sf 4 per 1,000 sf
Offices
Offices - Business, Professional, Financial
and Government
3 per 1,000 sf 4 per 1,000 sf Offices - Business, Professional, Financial and Government when Office and Retail
Uses are Mixed
Research and Development Facilities 1 per 600 sf 1 per 500 sf Note:
1 Minimum parking standards do not apply for residential, commercial, and industrial development on properties located within one half-mile radius of a major transit stop; however, minimum parking standards may be required for certain projects if the findings provided in Assembly Bill 2097 / Government Code Section 68563.2 can be made in the affirmative.
2 For non-residential uses, on-street parking spaces located immediately adjacent to the frontage of the property may be counted toward required off-street parking.
2.1.11 MINIMUM REQUIREMENTS
2.1.7 No Reduction in Off-Street Parking and Loading Spaces. Off-street parking and loading spaces established as of the effective date of the ordinance codified in this section shall not be reduced in number during the life of such building or land use below that which would be required for a new building or use of a similar type under the requirements of this section. All such off-street parking and loading spaces shall remain permanently available and accessible for the parking or loading of vehicles by occupants of the property, except that any surplus spaces may be rented out to non-occupants, or otherwise made publicly accessible with the provision that such spaces must be vacated on 30 days’ notice if they become needed by occupants of the property.
2.1.7 Separate Parking and Loading Spaces. No area may be utilized and counted both as a required parking space and a required loading space. However, 389
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 7 maneuvering aisles and driveways may serve both required parking spaces and loading spaces if they meet the requirements specified in this Section for both parking and loading facilities.
2.1.7Parking for Persons with Disabilities. The number, design, designation, and location of parking spaces for Persons with Disabilities must comply with State law. Such spaces will be counted towards the parking requirements of this Section.
2.1.7 Nonconforming Parking Facilities. Existing land uses with off-street parking and loading facilities that do not conform to the requirements of this section may be enlarged or expanded, provided that an in-lieu parking fee is paid, if established, or additional parking and loading facilities are added, either on-site or off-site, so that the parking needs for the enlarged or expanded portion of the building are met. Exceptions to this requirement may be granted by the Planning Commission for small sites and projects determined by the Commission to provide community benefits.
2.1.7 Unbundled Parking. The following rules will apply as conditions of approval to the rental of parking spaces in new Multi-Unit Residential buildings with ten or more rental units. The Community Development Director may grant an exception from the requirements of this subsection for affordable rental units that include financing for affordable housing that requires that costs for parking and housing be bundled together.
(b) All off-street parking spaces that are beyond a base allowance of one per unit must be rented separately from the rental fees for dwelling units for the life of the dwelling units, such that potential renters have the option of renting a residential unit with only one parking space at a price lower than would be the case if there were a single price for both the residential unit and all of the parking space(s).
(b) In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential renters of three bedroom or more units, second to potential renters of two bedroom units, and then to potential renters of other units.
(b) Potential renters of affordable units shall have an equal opportunity to rent a parking space on the same terms and conditions as offered to potential renters of market-rate units, at a price proportional to the rent of their units as compared to comparable market-rate units. This stipulation shall be included in any agreement recorded between the City and developer pertaining to the affordable housing units pursuant to Section 29 (Affordable Housing).
(b) Parking spaces shall be offered only to residents of the dwelling units served by the off-street parking, except that any surplus spaces may be rented out to non-residents, or otherwise made available for public use, with the provision that such spaces must be vacated on 30 days’ notice if they are 390
Belmont Zoning Ordinance
Section 8, Page 8 | City of Belmont | Draft Zoning Amendments needed by residents. Required visitor spaces shall not be rented out, but may be made available for public use.
2.1.7 Garages/Carports/Uncovered Residential Parking. For residential uses, required off-street parking located in the front half of a lot or within 25 feet of the side street on a corner lot shall be covered with carport, garage or roofed structure except as allowed below. Uncovered off-street parking may be located in the rear half of the lot when more than 25 feet from a side street.
2.1.7 Surface Parking Lots. Surface parking lots shall be subject to the following restrictions and standards. The area of a surface parking lot shall include all features within the lot’s outer edges, including all parking spaces, maneuvering aisles, access driveways, and perimeter and interior landscaping, walkways, and other features.
(b) Large Parking Lots. If on-site parking for more than 50 spaces is needed, such parking facilities shall be designed to have exceptional landscaping or design features, shall be located such that it is not highly visible from public rights-of-way, shall be provided within buildings or parking structures or in separate lots that are each less than two acres in size, or shall be otherwise covered by a structure that serves a non-parking function, such as solar panels, recreational facilities, roof deck, or green roof. (b) Pedestrian Circulation. Parking lots containing 25 or more spaces shall have walkways separated from motor vehicle maneuvering aisles and driveways connecting the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of such building or buildings.
(A) Materials and Width. Walkways shall provide at least four feet of unobstructed width and be hard-surfaced.
(B) Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, curb separation, different paving material, or similar method.
(C) Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the travel lane by a raised curb at least six inches high, bollards, or other physical barrier.
2.2.11 CALCULATION OF REQUIRED SPACES
2.2.7 Fractions. If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if one-half (0.5) or greater, shall be considered one additional space; if the fraction is less than one-half (0.5), it shall result in no additional spaces.
391
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 9
2.2.7Multiple Uses. When two or more principal uses are located on the same lot, the estimated peak period parking demand shall be the sum of the estimated demand of the various individual uses during the period of peak combined demand for all uses, as determined through a parking study prepared by a qualified individual or firm.
2.2.7Area-Based Estimates. All area-based estimated peak period parking demands shall be computed on the basis of gross floor area, excluding parking and loading areas.
2.2.7 Exclusion of First 2,500 Square Feet. For all nonresidential uses with area-based estimated peak period parking demands, the first 2,500 square feet of active uses, as defined in Section 2.4.1 Active Use, retail or restaurant use shall be subtracted from the gross square footage of the use when calculating the estimated parking demand.
2.2.7Motorcycle Parking. There shall be a credit of one automobile parking space for every four motorcycle parking spaces provided, not to exceed five percent of the total number of automobile parking spaces required. Motorcycle parking spaces shall be no less than four feet wide by eight feet long with an aisle width of no less than 10 feet and shall be clearly marked.
2.2.7Minimum Parking Requirements. Except as otherwise provided in this Section and as provided by AB 2097, no less than the minimum number of parking spaces, as required by the standards established in Table 8.2-1 and Table 8.2-2: Parking Standings, shall be provided for each use or site.
2.2.7Maximum Private Parking Requirements. Except as otherwise provided in this Section, no more than the maximum number of private, off-street parking spaces, as specified in Table 8.2-1 and Table 8-2.2: Parking Standards, shall be provided for each use or site.
2.3.11 DESIGN STANDARDS. The parking area design standards of this section apply to all offstreet parking. All required parking spaces and associated maneuvering aisles, driveways, and other related features shall be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.
2.3.7Parking Layout and Dimensions. The layout and dimensions of off-street parking facilities shall be as set forth in Figure 8.2.3-1 and Table 8.2.3-1, as further provided below.
(b) Regulatory and Calculated Dimensions. Stall width, stall length, and aisle width, as shown in Table 8.2.3-1, are regulatory. Other dimensions shown in Table 8.2.3-1 are calculated from these required dimensions and are provided for convenience.
392
Belmont Zoning Ordinance
Section 8, Page 10 | City of Belmont | Draft Zoning Amendments (b) Stall Width and Length. As indicated in Table 8.2.3-1, the required minimum stall width and length for various parking angles are as set forth below.
Compact spaces with an eight-foot width and 16-foot length are permitted for up to 33 percent of the required spaces.
(A) Width. For parking angles of more than 30 degrees the required minimum stall width is eight feet six inches. For parking angles of 30 degrees or less, the required minimum stall width is eight feet. (B) Length. For all parking angles other than parallel parking, the required minimum stall length is 18 feet. For parallel parking, the required minimum stall length is 20 feet.
(b) Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table 8.2.3-1, the required aisle width shall be interpolated from the values in the table. For example, for a parking angle of 70 degrees, which is twothirds of the increment between 60 degrees and 75 degrees, the required one-way aisle width is 18 feet eight inches, which is two-thirds of the increment between the required aisle widths for 60-degree parking and 75- degree parking, 16 feet and 20 feet respectively.
(b) Alternate Maneuvering Aisle and Parking Space Widths. For parking angles equal to or greater than 45 degrees and less than 90 degrees, one-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches. For 90-degree parking, one-way and two-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches and a minimum aisle width of twenty-two feet. (b) Two-Way Modules. Table 8.2.3-1 provides the dimensions for parking modules with one-way traffic. For parking modules with two-way traffic, add the difference in width between a two-way aisle and a one-way aisle. For example, for a two-way module with a parking angle of 45-degrees, add eight feet, which is the difference between a two-way aisle (20 feet) and a one-way aisle (12 feet).
(b) Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet where the parking stall is designed to abut a landscaped area a minimum of five feet wide, such that the front of the vehicle can overhang the landscaped area.
(b) Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required.
Figure 8.2.3-1: Parking Layout
393
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 11 Table 8.2.3-1: Parking Dimensions
Parking
Angle
Regulatory Calculated for Reference
Stall
Width
Stall
Length
Aisle Width Stall
Width
Paralle
l to
Aisle
Stall Depth Module (one-way)
OneWayTwoWayInterlockin
g
At
Wall
NonInterlockingInterlockin
g
HalfInterlocking
1 Parallel 8’-0” 20’-0” 12’-0” 20’-0” -- -- -- 28’-0” -- -- 30° 8’-0” 18’-0” 12’-0” 20’-0” 16’-0” 12’-6” 15’-
11”
43’-10” 36’-11” 40’-5”
45° 8’-6” 18’-0” 12’-0” 20’-0” 12’-0” 15’-9” 18’-9” 49’-6” 43’-6” 46’-6” 60° 8’-6” 18’-0” 16’-0” 20’-0” 9’-10” 17’-9” 19’-
10”
55’-8” 51’-5” 53’-7”
75° 8’-6” 18’-0” 20’-0” 20’-0” 8’-10” 18’-6” 19’-7” 59’-2” 57’-0” 58’-1” 90° 8’-6” 18’-0” 24’-0” 24’-0” 8’-6” 18’-0” 18’-0” 60’-0” -- -- 1 One side is interlocking and the other side is non-interlocking.
2.3.7 Driveways and Access. The layout and dimensions of off-street parking facilities shall be as set forth in Figure 8.2.3-1 and Table 8.2.3-1, as further provided below. (b) Driveway Width.
394
Belmont Zoning Ordinance
Section 8, Page 12 | City of Belmont | Draft Zoning Amendments (A) Parking facilities containing fewer than 15 required parking spaces shall have only a single driveway of no less than nine feet and no more than 10 feet in width.
(B) Parking facilities containing 15 or more required parking spaces may have one lane driveways of no less than nine feet and no more than 10 feet in width, and two-lane driveways of no less than 18 feet and no more than 20 feet in width.
(b) Vehicle Flow.
(A) Except for those serving four or fewer residential units, all parking areas shall be designed so that a motor vehicle leaving the parking area will enter the public right-of-way traveling in a forward direction. (B) Parking areas shall be designed so that a vehicle will not have to enter a public right-of-way to move from one location to another within the parking area.
(b) Semi-Circular Driveways.
(A) Notwithstanding the requirements in Section 8.2.4(c)(1), R-1 and R-2 Zones, semi-circular driveways may be permitted in Single (R-1) or Duplex Residential (R-2) Districts, provided all of the following minimum property standards/requirements are met:
Table 8.2.3-2: Semi-Circular Driveways
Maximum percentage of allowed hardscape between the front of the dwelling and the front property line 35%
Minimum Lot Size 10,000 sq ft
Minimum Lot Frontage on Street 100 ft
Minimum Setback of Dwelling to Front Property Line 35 ft Maximum Width of Semi-Circular Driveway 12 ft
Maximum allowed cross slope between the front of the
dwelling and the front property line 10%
Access Opening From Street 10-12 ft
(a) A maximum of two curb cuts and maximum sum total of 29 lineal feet for said curb cuts per property shall be permitted in conjunction with a semi-circular driveway.
(b) Semi-circular driveways shall not count towards the satisfaction of required parking for the subject property. (c) No portion of a semi-circular driveway shall be located within the required side yard setback area for the property. 395
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 13 (d) Semi-circular driveways shall not be allowed to span or be connected to both street frontages on corner lots.
(e) Establishment, replacement, or modification of a semicircular driveway shall be subject to the Building and Encroachment Permit processes for the City. A landscape plan shall be required as part of the permit.
(f) Any new or replaced semi-circular driveway shall be constructed with a permeable surface.
(g) No permanent or temporary structures shall be permitted to be located on a semi-circular driveway.
(h) Recreational vehicles, trailers, camper shells, boats, boat or personal watercraft trailers, or any combination thereof shall not, at any time, be parked or located on a semicircular driveway. (i) Abandoned, wrecked, dismantled, inoperative or
unregistered motor vehicles, vans, minivans, pickup trucks or similar vehicles shall not, at any time, be parked or stored on a semi-circular driveway.
Any modification from these standards/requirements is subject to the procedure and findings in Section 8.3 and Section 10.
2.3.7 Surface. All outdoor parking spaces, driveways, and maneuvering areas shall be designed, built and permanently maintained to avoid dust, mud and standing water and to maximize permeability, where feasible and appropriate. These surfaces may include traditional asphalt and concrete as well as pervious pavements, sand-set pavers, and supported turf systems. A combination of surfaces may be used; for example, two track driveways of concrete strips with pervious areas between the strips and on the edges.
(b) Cross-grades. Cross-grades shall be designed for slower stormwater flow and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.
(b) Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.
(b) Permeable Paving. Permeable paving, sand-set pavers, supported turf systems, and vegetation shall be used in all overflow parking areas and installed in accordance with manufacturer recommended specifications. (b) Turf Grids/Grassy Pavers. Turf grids/grassy pavers shall be installed in areas of low traffic or infrequent use wherever feasible.
396
Belmont Zoning Ordinance
Section 8, Page 14 | City of Belmont | Draft Zoning Amendments
2.3.7 Striping and Marking. In all parking facilities with four or more spaces, each parking space shall be clearly striped with paint or similar distinguishable material, except that the Director may approve alternate means of marking spaces.
2.3.7Perimeter Curbing. A six-inch wide and six-inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.
2.3.7 Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with 10,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.
2.3.7Vertical Clearance. All covered parking shall have a minimum vertical clearance of seven feet and six inches except for spaces in parking lifts, the minimum vertical clearance for parking for persons with disabilities shall be as required by the Building Code.
2.3.7 Tandem Parking. Required parking may be arranged as tandem spaces, provided that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment, or that a full-time parking attendant supervises the parking arrangements during periods of peak demand for the uses served. The required stall width, stall length, and aisle width shall apply to tandem spaces, except that the stall length shall be doubled for each pair of tandem spaces.
2.3.7Parking Lifts. Required parking may be provided in parking lifts; provided, that if it is necessary to remove one vehicle from the lift to access another vehicle, the parking shall be subject to the provisions applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions.
The dimensional standards for 90-degree parking shall apply to parking lifts, including the requirement for an aisle of 24 feet. Exterior parking lifts shall be screened from public view.
2.3.7 Landscaping and Screening. Uncovered Parking Areas. Landscaping of parking areas shall be provided and maintained as follows.
(b) Landscape Area Required. A minimum of 10 percent of the interior of any parking lot area shall be landscaped.
(b) Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing. (b) Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:
397
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 15 (A) Landscaped planting strips at least four feet wide between rows of parking stalls
(B) Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways
(C) Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
(D) On-site landscaping at the parking lot perimeter.
(b) Required Landscaped Islands. A landscaped island at least six feet in all interior dimensions and containing at least one 15-gallon-size tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.
(b) Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least five feet wide shall be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site. (b) Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area. (b) Trees.
(A) Number Required. One for each five parking spaces.
(B) Distribution. Trees shall be distributed relatively evenly throughout the parking area.
(C) Species. Tree species shall be selected from a list maintained by the City. (D) Size. All trees shall be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.
(E) Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.
(b) Protection of Vegetation.
(A) Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.
(B) Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. 398
Belmont Zoning Ordinance
Section 8, Page 16 | City of Belmont | Draft Zoning Amendments Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.
(b) Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver’s vision of vehicular and pedestrian cross-traffic.
Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed 30 inches in height.
2.3.7 Landscaping for Parking Structures.
(b) Landscaped Buffer for Parking Structure. A parking structure that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least 10 feet wide between the parking garage and public street.
(b) Residential Districts and Institutional Premises. All open automobile parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a Residential District or any institutional premises by a wall, fence or densely planted compact hedge not less than four feet nor more than six feet in height. Such required screening shall conform with the front and side yard setback requirements of the district in which the parking is located. (b) Parking Structure Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor.
2.3.7 Screening. To the extent feasible, new parking areas shouldall be screened from public streets and adjacent lots in a more restrictive district, according to the following standards.
(b) Height. Screening of parking lots from adjacent public streets shall be three feet in height. Screening of parking lots along interior lot lines that abut residential districts shall be six feet in height, except within the required front setback of the applicable zoning district, where screening shall be three feet in height.
(b) Materials. Screening may consist of one or any combination of the methods listed below.
(A) Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as screening wall material unless capped and finished with stucco or other material.
399
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 17 (B) Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
(C) Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation. (D) Berms. Berms planted with grass, ground cover, or other low-growing plant materials.
2.3.7 Lighting. Except for those facilities serving four or fewer residential units, all open parking areas shall be provided with exterior lighting meeting the following minimums:
(b) The lighting system shall provide not less than one footcandle and not more than five footcandles overall average illumination with a minimum of onefourth footcandles on the parking surface. (b) All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to security lighting. (b) All parking area lighting shall meet applicable energy efficiency requirements of the Building Code.
(b) All lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture.
No spillover beyond the lot line shall be permitted, except onto public thoroughfares.
2.3.7 Electric Vehicle Charging Stations. The number of required electric vehicle (EV) charging stations shall be consistent with the number required by applicable Building Code(s) and the City’s Reach Codes at the time of permit application. In parking facilities containing 20 or more spaces serving new multi-unit development of 10 units or more, new nonresidential development of 10,000 square feet or more, or establishment of a new use, change in use, or change in operational characteristics in a building that is 10,000 square feet or more in size that results in an average daily trip increase of more than 10 percent of the current use based on the most recent Institute of Traffic Engineers (ITE) trip generation rates, at least five percent of parking spaces shall be electric vehicle (EV) charging stations. These spaces may be counted towards parking requirements. (b) Size. Electric vehicle charging stations shall be the same size as other spaces, and electric vehicle charging equipment shall not reduce the size of the space.
(b) Signage.
400
Belmont Zoning Ordinance
Section 8, Page 18 | City of Belmont | Draft Zoning Amendments (A) Each electrical vehicle charging station shall be clearly marked with a sign reading “Electrical Vehicle Charging Station” and the associated California Vehicle Code restrictions, and only a vehicle that is connected for electric charging shall be allowed to park in the stalls or spaces so designated.
(B) The provisions of Section 23, Signs, and Section 23A, Signs on Public Property, shall apply except as provided in Section 8.2.3(n)(2)(A). (b) Equipment. Electrical vehicle charging stations must be wired for a minimum of 240 volts and 32 amps, designed to allow for future provision of higher amperage conduit, equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment, as necessary for public use.
2.4.11 LOCATION OF REQUIRED SPACES
2.4.7 Location. Parking shall be located either underground, or behind habitable, landscaped, or public plaza space or otherwise appropriately screened from view from a public street. For purposes of this requirement, alleys are not considered public streets. Parking is not permitted to be located between a public street and a building, except on corner lots, if approved as a modification to development standards in accordance with Section 8.3.
2.4.7 Non-residential Uses. Required parking spaces serving commercial, office, and other non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection 8.2.531.6.5, Off-site Parking Facilities.
Figure 8.2-4: Parking Location
401
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 19
2.4.7Residential Uses.
(b) R-1 and R-2 Zones. For uses in a Single (R-1) or Duplex Residential (R-2) District, the following standards apply:
(A) Parking and garage space accessory to dwellings shall be located on the same site as the use served;
(B) Uncovered parking spaces may extend into the unused portion of the right-of-way up to the outside edge of street improvements, such as sidewalk, provided they would not obstruct any existing or possible future street improvements that are necessary for public use (i.e., future sidewalk, curb or gutter installation, utility needs, etc.), as determined by the Public Works Director;
(C) A required driveway area for a single or duplex residential dwelling, provided minimum stall dimensions as required Table 8.2.3-1: Parking Dimensions, are met, may be used to satisfy the off-street uncovered parking requirement for such use(s);
(D) Paving between the front of the dwelling and the front property line shall be limited to required driveways and one paved walkway to the front building entrance, of no more than 48 inches in width.
2.4.7All other Residential Zones. Required parking for residential uses shall be located on the same lot as the dwelling served, or in a common parking area not more than 400 feet from the dwellings served. Parking shall not be located within a required front setback area or yard or street-facing side setback area or yard.
2.5.11 OFF-SITE PARKING FACILITIES. A parking facility serving one or more non-residential uses located on a site other than the location of the use(s) may be used to satisfy the use’s on-site parking requirement so long as the parking is available under an enforceable parking agreement and approved by the Director if the standards of this subsection are met.
2.5.7 Location. Any off-site parking facility must be located within 1,000 feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.
2.5.7Parking Agreement. A written agreement between the landowner(s) and the owner of the use in a form satisfactory to the City Attorney and recorded against the parking lot property in favor of the use property, which includes:
(b) A guarantee among the landowner(s) for access to and use of the parking facility; and
(b) Reasonable notice provisions so that replacement spaces can be secured if use of the off-site parking facility is terminated.
402
Belmont Zoning Ordinance
Section 8, Page 20 | City of Belmont | Draft Zoning Amendments
8.3 PARKING EXCEPTIONS, REDUCTIONS AND ALTERNATIVE COMPLIANCE. The number of required on-site motor vehicle parking spaces may be modified in accordance with the provisions of this Subsection through the modification to development standards review process.
2.6.113.1.11 Parking AnalysisPARKING ANALYSIS. In order to evaluate a proposed project’s compliance with any the criteria within Section 8.3, the Community Development Director may require submittal of a parking analysis prepared by an independent traffic engineering professional approved by the City that substantiates the basis for granting any exception, reduction, and/or alternative compliance.
2.7.113.2.11 PARKING SPACES BELOW THE MINIMUM. To provide less than the minimum number of private parking spaces allowed by Table 8.2-1 or Table 8.2-2, the Director/ZoningCommunity Development Director Administrator must make the following findingsmay approve the reduction, subject to the following criteria:
3.2.7 The subject property is not zoned R-1;
2.7.73.2.7 That adequate measures will be put in place through a Transportation Demand Management (TDM) program, as required by Section 8.67, Transportation Demand Management,to the satisfaction of the Community Development Director to reduce parking demand, such as promoting use of public transit, bicycling, and walking, and allowing modified working hours and telecommuting; and
3.2.7 That the reduction or elimination of the required parking spaces will not substantially reduce the availability of on-street parking for the occupants of nearby commercial and, or residential buildings.The use will adequately be served by the proposed parking; and,
3.2.7 The use proposed is compatible with the surrounding area and would enhance development in the vicinity.
2.8.113.3.11 REDUCTION FOR SHARED PARKING. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced, if the Planning Commission finds that all of the following are trueby the Director/Zoning AdministratorCommunity Development Director, subject to the following criteria:
2.8.73.3.7 The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
2.8.73.3.7 The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately;
2.8.7A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and 403
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 21
3.3.7 In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions for Off-site Parking Facilities.
3.3.7 The use will adequately be served by the proposed parking; and,
3.3.7 The Director/Zoning AdministratorCommunity Development Director finds that the use proposed is compatible with the surrounding area and would enhance development in the vicinity.
2.9.11 REDUCTIONS WITH A PARKING DEMAND STUDY. Required parking for any use may be reduced if a parking demand study has been submitted that substantiates the basis for granting the reduced number of spaces and that:
2.9.7 The use will adequately be served by the proposed parking; and,
2.9.7 Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.
2.9.7 There appears to be adequate on-street parking available in the immediate vicinity of the proposed use.
2.9.7 No physically feasible method appears available for the applicant to meet the standards in the vicinity of the proposed use.
2.9.7 The Commission finds that the use proposed is compatible with the surrounding area and would enhance development in the vicinity.
2.10.113.4.11 PARKING SPACES ABOVE THE MAXIMUM. To provide more than the maximum number of private parking spaces allowed by Table 8.2-1 or Table 8.2-2, the Director/Zoning AdministratorCommunity Development Director must make one of the following findingsmay approve the increase in parking spaces above the maximum, subject to the following criteria:
2.10.7 For Excess Parking not Intended to be Shared. That the applicant has convincingly demonstrated that the additional parking is required to meet the anticipated parking demand of the proposed uses and that the additional parking will not adversely affect transit, bicycle, or pedestrian access to the site or other adjacent uses.
2.10.7 For Excess Parking to be Shared. That all such excess spaces are designed and operated to be shared and publicly accessible parking spaces available for public use at any time. Property owners may charge an hourly, daily, or monthly fee for use of any such public access parking provided in excess of the maximum off-street parking limits of this subsection.
2.11.113.5.11 ALTERNATIVE COMPLIANCE.
2.11.73.5.7 Alternative Parking and Loading Plan. Where an applicant can demonstrate to the satisfaction of the Planning CommissionCommunity Development Director/Zoning Administrator that variations in the standards or 404
Belmont Zoning Ordinance
Section 8, Page 22 | City of Belmont | Draft Zoning Amendments dimensions otherwise required by this section are warranted for uses with unique needs, an alternative parking area design and loading plan may be allowed. with approval of a conditional use permit. To grant such a conditional use permit, the Planning Commission exception the Director/Zoning Administrator Community Development Director must make of the following findingsmay approve the alternative parking and loading plan, subject to the following criteria:
(b) That the applicant has convincingly demonstrated that the alternative plan is a superior solution and the requested modifications in the design standards are warranted; and
(b) That the alternative parking arrangement will be in place at all times during operation of the principal uses to be served by the parking.
3.5.7Valet Parking Permit. The Community Development Director can establish an administrative process to consider a Valet Parking permit. Valet Parking Permits may be issued as a means of satisfying all or a portion of the off-street parking requirement. Valet parking may be used to accommodate more parking spaces on the site of the principal use served by the parking than could be accommodated in conformance with the design standards of this section. It may also be used to provide off-site parking. The Director/Zoning AdministratorCommunity Development Director may issue a Valet Permit upon finding that the valet parking shall not cause interference with the public use of rights-of-way or imperil public safety.
8.38.4 BICYCLE PARKING
3.1.114.1.11 MINIMUM. Two short-term (Class 2) bicycle parking spaces are required per site plus the following:
3.1.74.1.7 Multi-family Residential Uses. 1 additional Class 1 space per 20 units;
3.1.74.1.7 Retail and Service Uses. For buildings over 10,000 square feet gross floor area, 1 additional short-term (Class 2) space and 1 additional long-term (Class 1) space per incremental 10,000 square feet occupied by tenants with more than 2,500 square feet of space; and
3.1.74.1.7 Office Uses. 1 additional short-term (Class 2) space per 20,000 square feet, and 1 additional long-term (Class 1) space per incremental 5,000 square feet.
3.1.74.1.7 Exemptions for Small Sites. The Director may grant an exemption from the bicycle parking requirement for sites with less than 10,000 square feet if onstreet (Class 2) public bicycle parking is provided on the block face.
3.2.114.2.11 LONG-TERM (CLASS 1) BICYCLE PARKING. Long-term bicycle parking must be located on the same site as the use it serves, and shall be in an enclosed bicycle locker, or a fenced, covered, and locked bicycle storage area.
3.3.114.3.11 SHORT-TERM (CLASS 2) BICYCLE PARKING.
405
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 23
3.3.74.3.7 Short-term bicycle parking shall be located within 100 feet of the primary building entrance and shall be visible from the street or from the main building entrance. Shared bicycle parking facilities are encouraged, when in compliance with these standards.
3.3.74.3.7 Bicycle parking shall be located on private property, unless the Public Works Director approves an encroachment permit for bicycle parking within the public right-of-way. Any bicycle parking in the right-of-way shall be located in the curb zone; a minimum of four feet width of clear sidewalk or 10 feet width of public alley shall remain unobstructed for pedestrian or vehicle uses.
3.4.114.4.11 STANDARDS FOR ALL BICYCLE PARKING.
3.4.74.4.7 Class 1 Long-Term Bicycle Parking Spaces. Class 1 spaces shall be located with direct access for bicycles without requiring use of stairs. The location of such spaces shall allow bicycles users to ride to the entrance of the space or the entrance of the lobby leading to the space. The design shall provide safe and convenient access to and from bicycle parking facilities. Use of elevators to access Class 1 spaces shall be minimized. In residential buildings, Class 1 space shall not be provided within dwelling units, on balconies, or in required outdoor living area.
Class 1 bicycle parking shall be located:
(b) On the ground floor within 100 feet of a major entrance to the lobby. There shall be either:
(A) Convenient access to and from the street to the bicycle parking space and another entrance from the bicycle parking space to the lobby area, or
(B) A minimum five foot wide hallway or lobby space that leads to the bicycle parking entrance, where direct access to bicycle parking space from the street does not exist. Such access route may include up to two limited constriction points, such as doorways, provided that these constrictions are no narrower than three feet wide and extend for no more than one foot of distance.
(b) In a structured parking facility, on the first level of automobile parking either above or below grade, near elevators or other pedestrian entrances to the facility.
3.4.74.4.7 Class 2 Short-Term Bicycle Parking Spaces. Class 2 spaces shall be located, as feasible, near all main pedestrian entries to the use to which they are accessory. Class 2 bicycle parking may be on a sidewalk or in place of an on-street auto parking space, within 100 feet of a main entry to the building. If existing Class 2 bicycle parking in the required quantities already exists in a public right-of-way immediately fronting a project site, and such spaces are not satisfying bicycle parking requirements for another use, such parking shall be deemed to meet the Class 2 requirement for that project.
406
Belmont Zoning Ordinance
Section 8, Page 24 | City of Belmont | Draft Zoning Amendments (b) Design and Installation.
(A) A bicycle parking space shall be in a paved, level, drained, lighted area with access to a right-of-way without the use of stairs, and shall consist of either:
(i) One side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one wheel to be locked to the rack element with one lock;
(ii) For Class 1 long-term parking only, a bicycle locker constructed of theft-resistant material with a lockable door that opens to the full width and height of the locker. Bicycle lockers shall be weather-proof if exposed to the elements; or (iii) For Class 1 long-term bicycle parking only, wall-mounted racks or wall- or ceiling-mounted hooks so that bicycles may be hung vertically.
(B) Each bicycle parking space shall be no less than 15 inches wide, by six feet deep, with an overhead clearance of no less than seven feet. This can be satisfied by placing racks, each of which supports two bicycles, 30 inches apart.
(C) Each row of bicycle parking spaces shall be served by an aisle no less than four feet wide. Rack elements must be placed two feet from walls, fences or curbs.
(D) Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle. (E) Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors. The Director may specify preferred installation methods, such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.
(b) Location.
(A) Direct access from the bicycle parking to the public right-of-way shall be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance shall also be provided.
(B) Where bicycle parking is not directly visible and obvious from the rightof- way, signs shall be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate.
407
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 25 (C) Bicycle parking must be separated from automobile parking by a sufficient distance to prevent damage from moving automobiles or their loading and unloading.
(D) All long-term bicycle parking areas must be equipped with at least one electrical outlet that supports e-bike charging.
(E) Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it.
(F) The placement of bicycle parking, bicycle rack elements and bicycle lockers shall not interfere with pedestrian circulation.
3.5.114.5.11 REMOVAL OF ABANDONED BICYCLES. Property owners shall remove abandoned bicycles from short-term and long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one month. This requirement shall not preclude provision of seasonal bicycle storage.
8.48.5 LOADING REQUIREMENTS
NUMBER OF SPACES REQUIRED. The off-street loading requirements are specified in Table 8.5-1 below.
Table 8.5-1: LOADING REQUIREMENTS
Use Type Number of Spaces Size (See Sec. 8.5.2 below)
Residential Use Types
Multi-Unit
Less than 50 units none
50 to 149 units 1 small
150 units, or more 2 small
Commercial and Institutional Use
Offices – All
Less than 25,000 gross square feet none
25,000 to less than 100,000 gross
square feet
1 medium
100,000 or more 2 medium
Research and Development Facilities
10,000 to 99,999 gross square feet 1 medium
100,000 to 199,999 gross square feet 2 medium
200,000 or more 3 medium
408
Belmont Zoning Ordinance
Section 8, Page 26 | City of Belmont | Draft Zoning Amendments All Other
Less than 10,000 gross square feet none
10,000 to less than 20,000 gross
square feet
1 medium
20,000 to less than 40,000 gross
square feet
2 medium
40,000 to less than 80,000 gross
square feet
2 large
Each additional 40,000 gross square
feet or fraction of one-half or more
thereof
1 large
4.1.115.1.11 SIZE OF SPACES. The size of each type of loading space shall be as follows:
4.2.115.2.11 Small. Small loading spaces shall have a width of no less than 10 feet, a length of no less than 25 feet, and a vertical clearance of no less than eight feet
4.3.115.3.11 Medium. Medium loading spaces shall have a width of no less than 12 feet, a length of no less than 35 feet, and a vertical clearance of no less than 14 feet.
4.4.115.4.11 Large. Large loading spaces shall have a width of no less than 12 feet, a length of no less than 50 feet, and a vertical clearance of no less than 14 feet.
4.5.115.5.11 MODIFICATIONS. In approving a project, the Director or the Planning Commission, as the case may be, may modify the number and size of loading spaces required because of the nature of the use or the design of the project.
4.6.115.6.11 MANEUVERING AREAS. All off-street loading spaces shall be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces. Maneuvering areas shall be designed to accommodate the largest vehicle intended to use the loading spaces and shall not be encumbered by parking stalls or physical obstructions.
4.7.115.7.11 SURFACE AND MAINTENANCE. Loading spaces and the maneuvering areas and driveways serving them shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights; graded for drainage; and maintained in good condition free of weeds, dust, trash, and debris.
4.8.115.8.11 LOCATION.
4.9.115.9.11 Loading spaces shall be located on the same lot on which the use for which they are required is located, except that, upon the granting of a conditional use permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within 300 feet of the lot on which the use requiring the loading spaces is located. To grant such a conditional use permit, the Planning Commission shall make the following findings in addition to the findings otherwise required:
4.10.115.10.11That the common loading area results in a more efficient design than individual loading areas serving each use separately;
409
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 8, Page 27
4.11.115.11.11That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility; and
4.12.115.12.11That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.
4.13.115.13.11No loading berth for vehicles over two tons in capacity shall be closer than 50 feet to any property in a Residential District unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet in height. No permitted or required loading berth shall be located within 25 feet of the nearest point of any street intersection.
4.14.115.14.11ACCESS TO TENANT SPACES SERVED BY LOADING SPACES. BUILDINGS served by loading spaces shall be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces of sufficient width and height to accommodate all material to be loaded and unloaded.
4.15.115.15.11AVAILABILITY AND UTILIZATION OF LOADING SPACES. All loading spaces shall be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces shall be responsible for advising drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, shall require drivers to use such loading spaces, and shall not allow pick-up and delivery vehicles to be loaded in the public right-of-way.
4.16.115.16.11IDLING. Where adjacent to residential uses, vehicles may idle no longer than is reasonably necessary to load or unload passengers. Idling vehicles while goods are loaded or unloaded is prohibited.
4.17.115.17.11LANDSCAPING AND SCREENING. All loading spaces and the maneuvering areas and driveways serving them shall be landscaped and/or screened as required by this section.
4.18.115.18.11LIGHTING. All exterior loading spaces and the maneuvering areas and driveways serving them shall be provided with lighting meeting the minimums established for parking areas.
8.58.6 TRANSPORTATION DEMAND MANAGEMENT. All projects subject to the requirements of the Belmont Transportation Demand Management Program (TDM). The Program’s Report and Guidebook, summary information sheet, and application form are available at the Belmont Community Development Department and on the City’s Community Development webpage.
410
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 9, Page 1 Section 9 GENERAL REGULATIONS (partial, 9.5.4 only)
9.5.4 ACCESSORY BUILDINGS
(a) Accessory buildings as regulated herein are permitted in any district, if constructed either at the same time as the main building on the lot, or subsequently.
(b) In any R District, nonhabitable one story detached accessory buildings and accessory structures (i.e. garages and storage sheds) may occupy part, but not more than 40 percent, of the required yard areas; provided however, that no detached accessory building shall be located in front of the main building.
(c) Detached accessory dwelling units may occupy required yard areas, as provided in Section 24.
411
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 10, Page 1 PLANNING PROCEDURES (partial, 10.8 only)
10.8 REASONABLE ACCOMODATIONS. This Section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning laws and other land use regulations, policies and procedures, and establishes relevant criteria to be used when considering such requests.
10.8.1 Applicability. In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Section applies only to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
10.8.2 Application Requirements.
(a) An applicant may request an alternative application format if necessary to ensure accessibility.
(b) The applicant may be the person with the disability or his or her representative. (c) The application must include:
(1) The basis for the claim that the individual is considered disabled under fair housing laws;
(2) The zoning provision, regulation or policy from which reasonable accommodation is being requested;
(3) An explanation why the reasonable accommodation is necessary to make the specific property accessible to the individual;
(4) Plans showing the details of the proposal.
(d) If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this Ordinance (including but not limited to a conditional use permit, design review, architectural control, variance, or zoning amendment), the application for reasonable accommodation shall be submitted and reviewed at the same time as the related applications.
10.8.3 Approval Authority.
(a) If the application is filed without any accompanying application for another zoning entitlement, the Zoning AdministratorCommunity Development Director shall 412
Belmont Zoning Ordinance
Section 10, Page 2 | City of Belmont | Draft Zoning Amendments make a written determination within 45 days and either grant, grant with modifications or deny a request for reasonable accommodation. (b) If the application is filed with an application for another zoning entitlement, it shall be heard and acted upon at the same time and in the same manner as the other application, and shall be subject to all of the same procedures.
10.8.4 Findings And Decision.
(a) Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth in this subsection. An application under this Section for a reasonable accommodation shall be granted if all of the following findings are made:
(1) The housing, which is the subject of the request, will be used by an individual disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
(2) The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act. (3) The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.
(4)(3)The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.
(5) The requested reasonable accommodation would not adversely impact surrounding properties or uses.
(6)(4)There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.
(b) In granting a request for reasonable accommodation, the approving authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (a).
413
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 13, Page 1
DESIGN REVIEW
Editor’s note: current through Ordinance 2020-1148
13.1 PURPOSE
(a) The regulations in Section 13 establish site plan and architectural design review processes for multi-family (three or more units), commercial and mixed uses that ensure development is attractively designed, potential aesthetic impacts are mitigated, and property owners have predictable design approval standards for development that are consistent with the location’s planning framework. The multi-family and commercial design review processes in this Section do not apply to single family and duplex residential dwellings and their accessory structures which are governed by the process in Section 13A.
(b) The Design Review entitlement is focused on form and appearance. It is not a Use Permit which focuses on the compatibility of land uses.
13.2 DESIGN REVIEW REQUIREMENT
13.2.1 SCOPE
(a) Design Review approval under Section 13 (“Design Review”) is required for all new structures and exterior alteration of structures not governed by Section 13A (“Single Family and Duplex Design Review) and Section 24 (“Accessory Dwelling Units”)
(b) “Exterior alteration” includes replacing elements such as windows or doors and repainting or refinishing with design, elements, materials or colors different than previously approved.
13.2.2 REQUEST FOR DESIGN REVIEW
(a) Mandatory Pre-Application Meeting. A Design Review applicant must complete a pre-application meeting with planning staff before submitting an application for projects requiring Zoning Administrator, Planning Commission, or City Council approval.
(b) Application. To initiate Design Review, an applicant must submit an application in compliance with Section 10.4.
13.3 LANDSCAPE STANDARDS. The landscape standards under Section 13.3 apply to projects subject to Design Review unless the standards governing the particular use or district provide otherwise.
13.3.1 PROJECT REQUIREMENTS
(a) Landscape design features must occupy at least 10% of the gross site area unless the district regulations specify otherwise.
Exhibit G
414
Belmont Zoning Ordinance
Section 13, Page 2 | City of Belmont | Draft Zoning Amendments (b) Required landscape design features must consist of one or more of the following:
(1) Plantings of live plant materials.
(2) Large-scale sculptures, fountains and similar urban art related to building design.
(3) Specially designed plazas, courtyards, sitting areas or walkways. (c) For new or substantially altered landscape plans, preferred tree and plant species identified in the City’s preferred tree species list and the Green Infrastructure Plan, as applicable, must comprise at least 75% of the overall planting materials, except as required to meet water efficiency and vegetation management requirements.
For the purposes of this subsection, “substantial alteration” means altering more than 50% of the site’s total landscape area.
(d) Landscape plans must be consistent with the Water Efficiency in Landscape Ordinance (WELO), adopted by the City’s water provider, Mid-Peninsula Water District (MPWD), as applicable.
(e) Unless specifically exempted by the Fire Marshal, properties within high or very high fire hazard severity zones must include vegetation management plans (VMP), as part of the landscape plan submittals.
(f) All landscaped areas including, but not limited to:, lawns, shrub areas, ground cover areas, tree wells and raised or on grade planters must be equipped with a complete underground irrigation system.
(1) The system must be operated by an automatic time clock when the number of sprinkler control valves is five or more.
(2) When the landscaped areas are small or of such design as to warrant, in the judgment of the Community Development Director, the irrigation of all or some planting areas may be accomplished by quick coupler valves or hose bibs.
(g) All new surface parking lots must include landscaping and screening consistent with Sections 8A2.3(j) and 8A2.3(l), respectively.
13.3.2 LANDSCAPE PLANS.
(a) All landscape plans must be prepared by a landscape architect licensed by the State of California except for total landscaped areas of not more than 500 square feet.
(b) Landscape plans must show the existing and proposed features and information described below.
(1) Existing Features
(A) The location of existing trees, their common and botanical name, size, condition, disposition.
415
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 13, Page 3 (B) Other natural features proposed to be retained on the site. (2) Proposed Features.
(A) The location and design of proposed landscaped areas and the varieties of plant materials to be planted therein and all other landscape features. (B) A complete description of materials, designs and colors for proposed features other than live plant materials.
(C) A planting pallet or table that lists the number of a particular type of plant, whether the plant is California native or locally acclimated, and the level of drought tolerance.
13.3.3 CONSTRUCTION PLANS. Adequate and appropriate irrigation construction plans, and specifications must be submitted as part of the building permit application unless the project is found by the Community Development Director to be small in scope and can be adequately described in written form.
13.3.4 MAINTENANCE. The applicant and property owner are responsible for maintenance of approved landscapes as follows.
(a) All new plantings of live plant material must be sufficient and properly irrigated. (b) Diseased or dead plant materials must be replaced where the installation of such plant material was provided for in the application.
(c) All existing landscape design features to remain, and new proposed landscape features must be maintained in a viable and operable condition. (d) Trees to be retained must be protected against injury during construction. Tree protection methods as outlined in " the City of Belmont Standard Tree Protection Measures," or as recommended by the project arborist and approved by the Community Development Director must be followed.
13.4 REVIEW PROCEDURE
13.4.1 Reviewing Authority. The Design Review entitlement reviewing authority for projects within the scope of Section 13.2 is specified in Table 13.4. 416
Belmont Zoning Ordinance
Section 13, Page 4 | City of Belmont | Draft Zoning Amendments Table 13.4 - Design Review (DR) Authority Thresholds
Project Characteristics Reviewing
Authority
• Replacement, relocation, and addition of windows, doors, awnings, and other minor modifications not adding floor area. • Repainting of building exteriors, and modifications to previously approved exterior colors.
• Modifications to landscaping and exterior lighting plans. • New Rooftop equipment and screens visible from off-site. • Modifications to existing parking lots (reconfiguration or expansion), not associated with expansion of the primary commercial, multi-family or mixed-use building on site. • Approval of signs under Section 23.11.3 in conjunction with replacement, relocation, or addition of windows, doors, awnings, and minor modification projects not adding floor area, which do not constitute a substantial exterior remodel.
• Approval of a project that is defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) and is defined as “ministerial” or “by right” under State Law.
• Approval of a project that is defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) and meets the criteria for an AB 130 Urban Infill Housing Development Project (Public Resources Code Section 21080.66).
Community
Development
Department
(CDD)
417
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 13, Page 5 Table 13.4 - Design Review (DR) Authority Thresholds
Project Characteristics Reviewing
Authority
• Additions to principal commercial, multi-family residential and mixed-use buildings.
• Additions to multi-family residential and mixed-use buildings not within CDD approval authority.
• New or modified detached accessory structures on a developed property.
• Modifications to existing parking lots (reconfiguration or expansion) associated with ZA level entitlement.
• Modifications to circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles on a previously approved development.
• Modifications or amendments to a Tree Removal Permit (TRP) on a previously approved development; provided however, that the findings for approval of the TRP are made in the affirmative. • DR with other ZA level entitlements not related to a ministerial project or a project subject to PRC 21080.66
Zoning
Administrator
(ZA)
• New principal and accessory buildings not within CDD approval authority.
• Modifications to existing parking lots (reconfiguration or expansion) associated with a PC level entitlement.
• Approval of signs under Section 23.11.3 to be located on new buildings, building additions, or buildings undergoing substantial exterior remodels.
• DR with other PC level entitlements not related to a ministerial project or a project subject to PRC 21080.66.
Planning
Commission
(PC)
13.4.2 ZONING ADMINISTRATOR PROCEDURE.
(a) Project Notice. The Zoning Administrator gives notice of intent to take action in the manner described in Section 10.1.3. The notice includes a general description of the project and its location in text or diagram, the proposed environmental determination and action, and a statement that the Zoning Administrator will take action on the project based on the written record unless an in-person meeting is 418
Belmont Zoning Ordinance
Section 13, Page 6 | City of Belmont | Draft Zoning Amendments requested in writing within 10 days of the project notice date by a property owner within 300 feet of the project site.
(b) Meetings. If requested, the Zoning Administrator gives notice of in-person meetings in the same manner as project notice.
(c) Project Determination. The Zoning Administrator makes a Design Review entitlement determination after the project notice period expires, or if a meeting is requested, after the meeting.
(d) Referral. At any point before making a determination, the Zoning Administrator may refer a Design Review entitlement with a recommendation for determination to the Planning Commission.
13.4.3 PLANNING COMMISSION PROCEDURE. The Zoning Administrator gives notice that the Planning Commission will consider the Design Review entitlement at a meeting. The notice is given in the manner described in Section 10.1.3 and contains the information described in Section 10.1.5(a) for the project and meeting.
13.4.4 APPEALS.
(a) Design Review entitlement decisions are governedment by Section 10.11 except as follows.
(b) For CDD determinations, the applicant may appeal a Design Review determination to the Planning Commission. A decision on review by the Planning Commission is final unless appealed by the applicant.
(c) For ZA determinations, the applicant and a property owner within 300 feet of the project site may appeal the determination to the Planning Commission. The Planning Commission may either affirm the underlying determination or forward the appeal to the City Council with a recommendation to approve, approve with conditions, or deny the project.
(d) The City Council finds that the ordinarilyily Design Review determinations ordinarily made at the CDD level shown in Table 13.4 do not have the potential to substantially or significantly adversely affect the property rights of other property owners, and that Design Review determinations at the ZA level shown in Table
13.4 do not have the potential to substantially or significantly adversely affect the property rights of other property owners beyond neighboring property owners.
The City Manager, in consultation with the City Attorney, may expand the scope of notice and opportunity to appeal from CDD or ZA level determinations if necessary due to facts peculiar to the proposed project to provide due process.
13.5 STANDARDS FOR APPROVAL
13.5.1 HOUSING DEVELOPMENT PROJECTS.
(a) The reviewing body must approve or conditionally approve Design Review for a project that is defined as a “Housing Development Project” by the Housing 419
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 13, Page 7 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.
13.5.2 OTHER DEVELOPMENT PROJECTS. The reviewing body may approve or conditionally approve Design Review for a project that is not defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) if it makes the following findings:
(a) City staff and consultants have provided technical review and conditions of approval are included, as applicable, regarding project-related traffic, parking, grading, drainage, storm-water runoff, sanitary sewer impacts, vehicular and pedestrian access, site circulation, site stability, structural encroachments, and construction impacts.
(b) The project is consistent with the landscape standards under Sections 13.3.1 as applicable.
(c) The project is consistent with the development standards in the underlying zoning district.
(d) The project is consistent with the objective design standards in Section 13.6 as applicable.
13.6 OBJECTIVE DESIGN STANDARDS. The objective design standards under Section =13.6 apply to new or substantially modified buildings within the scope of Section 13.2 unless the regulations for the particular use or district provide otherwise. For the purposes of this Section, a substantial modification means an addition of, or an alteration to, more than 50% of exterior building walls of the existing building.
13.6.1 General Design Standards BUILDING DESIGN
(a) Building Design. Upper-story step-backs at the third floor and above:
420
Belmont Zoning Ordinance
Section 13, Page 8 | City of Belmont | Draft Zoning Amendments (a) For street-facing facades, the third story and above must be stepped back from the façade below by a minimum of eight feet for a minimum 70 percent of the length of the building.five feet.
(b) Buildings shall carry the same design theme on all elevations. For the purposes of this design standard, a theme includes primary (non-accent) materials and colors.
Except in cases when the entire building is remodeled, building renovations and additions shall be consistent with the original structure in form, style, materials, and colors.
(c) Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
(d) Buildings of three stories or greater must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a street, adjacent public park or public open space.
(e) Buildings of two stories or greater must include one or more articulating features (offsets, recesses, or projections) above the ground floor of the building for at least 50% of the primary frontage and corner street side frontage, and, for if a multifamily buildings in an R district, also on any elevations visible from the a public right-of-way, public park or public open space. The distance between features shall be no greater than 25 feet. When used, the minimum length and depth of these features shall be as follows:
(1) Projection, offset, or recess of the building wall must be at least one foot in depth, and five feet in width.
(2) Projection of bow, greenhouse or garden windows must be at least eight inches in depth at the farthest point from the exterior walls of the building, and five feet in width.
(3) Projection of bay windows must be at least 10 inches in depth measured at the farthest point, and five feet in width.
(4) Projection of dormers must be at least two feet in depth measured at the farthest point from the exterior walls or roof surface of the building, and four feet in width.
(5) Balconies and decks must be at least four feet in depth, and five feet in width.
(6) Projected or recessed covered porch areas must be at least four feet in depth and width.
(f) In mixed-use and commercial building design, tenant-designed storefronts and associated outdoor spaces may have diverse styles that will not necessarily match the rest of the façade. However, individual tenant façade designs shall not span 421
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 13, Page 9 vertically beyond the ground floor height of the building and there shall be elements of the tenant-designed frontages that unify its design as provided below. (7)(1)Awnings and Marquees. When used, awnings and marquees on a multiple storefront building need not be identical in design but shall be located within the building elements framing storefront openings and shall be of the same height above the adjacent sidewalk. The rigid framework for awnings, and marquees shall be no lower than eight feet above the sidewalk under it. (8)(2)Base Panel. When used, oOn a multiple storefront building, a base panel shall be provided across the entire width of the storefront bay and between the vertical elements framing the bay for all of the storefronts within the building. The base panels shall be 30" or lower, measured above the sidewalk.
(9)(3)Signage Band. When used, a horizontal band or frieze that could be used as a signage band shall be incorporated at the top of all of the storefronts within a multiple storefront building.
(f)(g) Blank walls on the ground floor (facades without doors, or windows) shall be no greater than 25 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas. Such blank wall areas shall include landscape screening (trees, shrubs, or green wall) for the entire length of the wall area at a minimum of 50% of the height of the wall. An exception to this standard may be granted by the reviewing authority when an alternative means is proposed that would articulate 50% or more of the affected building wall, or when a public art project or mural is approved, which separately or together extend along the entire length of the affected building wall.
(h) On multifamily buildings in R districts, window wall openings for garage ventilation must shall include screens that obscure the view of vehicles parked within the garage, as seen from public vantage points.
(g)(i) Rooflines shall be vertically articulated at least every 50 feet along the street frontage through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height or form.
Other design treatments, when used shall meet the following requirements:
(h)(j) Trim surrounds of no less than one inch in depth shall be provided at all exterior window and door openings. In lieu of exterior door and window trim, windows and doors may be recessed from wall plane by a minimum of two inches. (i)(k) When used, bBelly bands, timbering and stone/brick base must be at least two inches in depth.
(j)(l) A minimum of 5/8-inch thickness is required for panel siding. For board and batten siding, the bBattens are required to be a minimum of 5/8-inch thickness. incorporated into the design for a board and batten appearance. 422
Belmont Zoning Ordinance
Section 13, Page 10 | City of Belmont | Draft Zoning Amendments (1) Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height or form.
13.6.2 ROOFTOP EQUIPMENT. All roof-top equipment shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). The point of view for determining visibility shall be five 5 feet above grade at the ground floor level of the building. If the roof structure does not provide this screening, an equipment screen shall be included in the building design. Said screen shall incorporate the same architectural design, colors, and materials as the building.
13.6.3 GROUND EQUIPMENT SCREENING. All exterior trash, recycling, and storage utility boxes, wood service poles, and electric and gas meters shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). Said screening shall incorporate the same architectural design, colors, and materials as the building, perimeter fencing, or landscaping.
13.6.4 REFUSE CONTAINERS. Refuse containers must be designed in accordance with the following standards:
(a) When individual garbage cans are used, they must either fit in the garage or into a special enclosure.
(b) When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. (c) All dumpster enclosures shall be a minimum of six feet tall, and shall be sized to allow adequate size to accommodate the needed dumpsters and recycling containers.
(d) Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties), or more than 100 feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.
13.6.5 LIGHTING DESIGN. Lighting must be designed to provide the minimum lighting levels required for safety, without undue glare off-site. All exterior lighting shall include fully cut-off fixtures in accordance with Section 2.72.1. Surface parking lot lighting shall be consistent with Section 8A2.3(m). Flood light, up-lighting, flashing, pulsating or similar dynamic lighting shall not be used. An exception to allow for up-lighting may be approved by the decision maker when a mural or public art project is approved that utilizes uses up-lighting.
13.6.6 COLOR OF EXTERIOR MATERIALS. Exterior building facades, roofing materials, fences, walls, and other structures visible from public vantage points shall be muted or earthtone colors. Extreme colors and unpainted or untreated metallic surfaces shall not be used when visible from public vantage points. For the purposes of this section, extreme color shall be defined as unmuted primary colors, neon colors, and metallic colors. An exception to this standard may be approved by the reviewing authority when a mural 423
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 13, Page 11 or other public art project is approvedcan be considered in accordance with Section TBD.
13.6.2 ADDITIONAL DESIGN STANDARDS. The standards in Section 13.6.2 apply to multistory, mixed-use and commercial buildings except in R and HRO districts. (a) The primary facade, which includes the upper floors, the ground floor entrance to the upper floors (lobby, etc.) and the supporting structural components of the upper floors which are present on the ground floor, shall carry the same design theme on all locations that are visible from public vantage points. For the purposes of this design standard, a theme includes materials and colors, and the design and relative location of architectural features such as windows, doors, signage, awnings, balconies, belly bands, trim elements, and ornamentation.
Except in cases when the entire building is remodeled, building renovations and additions, either on the building as a whole or by individual tenants, shall not remove existing significant architectural features from the primary building façade.
(b) The secondary facade, which includes tenant designed storefronts and associated outdoor spaces may have diverse styles that will not necessarily match the architecture of the primary façade; however, individual tenant façade designs shall not span vertically beyond the ground floor height of the building, and there shall be elements of the secondary frontage that unify its design as provided below. Similar unifying elements shall be incorporated in single story, multiple storefront buildings.
(1) Awnings and Marquees. When used, awnings and marquees on a multiple storefront building need not be identical in design, but shall be located within the building elements framing storefront openings, and shall be of the same height above the adjacent sidewalk. The rigid framework for awnings, and marquees shall be no lower than eight feet above the sidewalk under it. (2) Base Panel. On a multiple storefront building, a base panel shall be provided across the entire width of the storefront bay and between the vertical elements framing the bay for all of the storefronts within the building. The base panels shall be 30" or lower, measured above the sidewalk (3) Signage Band. When used, a horizontal band or frieze that could be used as a signage band shall be incorporated at the top of all of the storefronts within a multiple storefront building.
424
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 1 VILLAGE DISTRICTS (partial, 31.6 and 31.7 only)
31.6 PARKING. Parking shall be provided generally as indicated in Section 8, Table 8.2-2:
Parking Standards in the R-2, R-3, R-4, CMU, RC, HIA-1, HIA-2 and Belmont Village Specific Plan Districts. 31-4 and developed and maintained according to the standards of Section 8, Off-Street Parking and Loading, as well as the regulations of this subsection. Additional requirements for specialized uses are in Section 8; where these provisions conflict, the requirements of this Section govern within the Village area.
TABLE 31-4: PARKING STANDARDS
Land Use (All
Districts)
Minimum Maximum
Retail 2 spaces minimum per 1000 sq. ft. 4 spaces maximum per 1000 sq. ft.
Office 3 spaces minimum per 1000 sq. ft. 4 spaces maximum per 1000 sq. ft.
Hotels 0.5 spaces minimum per room 1 space maximum per room Residential Studios: 0.5 spaces minimum per unit
One Bedroom: 1 space minimum per unit
Two Bedroom: 1.5 spaces minimum per
unit
Three Bedroom +: 2 spaces per unit
2 spaces per unit maximum + 0.5
spaces per unit for guest parking
maximum
Location For all properties on Main Streets, Boulevards, and Avenues, parking areas and structures must be placed behind or beneath buildings. Parking structures must be wrapped with active ground floor uses where specified (see Specific Plan policy 2.1-15).
Access There must be clear, well-lit, safe pedestrian walkways between parking areas and structures and the main sidewalks and building entrances.
Parking Structure
Driveway Width
Maximum 24 feet
Ground Floor
Design
Where a parking structure faces onto a street, the ground floor must be treated with elements of interest and made as active as possible.
31.6.1 General Regulations and Standards
(a) No Reduction in Off-Street Parking and Loading Spaces. Off-street parking and loading spaces established as of the effective date of this section may not be reduced in number during the life of such building or land use below that which would be required for a new building or use of a similar type under the requirements of this section. All such off-street parking and loading spaces must remain permanently available and accessible for the parking or loading of vehicles by occupants of the property, except that any surplus spaces may be rented out Exhibit H
425
Belmont Zoning Ordinance
Section 31, Page 2 | City of Belmont | Draft Zoning Amendments to non-occupants, or otherwise made publicly accessible with the provision that such spaces must be vacated on 30 days’ notice if they become needed by occupants of the property.
(b) Separate Parking and Loading Spaces. No area may be utilized and counted both as a required parking space and a required loading space. However, maneuvering aisles and driveways may serve both required parking spaces and loading spaces if they meet the requirements specified in this Section for both parking and loading facilities.
(c) Parking for Disabled Persons. The number, design, designation, and location of Disabled Person Parking spaces must comply with State law. Such spaces will be counted towards the parking requirements of this section. (d) Nonconforming Parking Facilities. Existing land uses with off-street parking and loading facilities that do not conform to the requirements of this section may be enlarged or expanded, provided that an in-lieu parking fee is paid, if established, or additional parking and loading facilities are added, either on-site or off-site, so that the parking needs for the enlarged or expanded portion of the use are met.
Exceptions to this requirement may be granted by the Planning Commission for small sites and as an incentive for projects proposing community benefits. (e) Unbundled Parking. The following rules will apply as conditions of approval to the rental of parking spaces in new Multi-Unit Residential buildings with ten or more rental units:
(1) All off-street parking spaces that are beyond a base allowance of one per unit must be leased separately from the rental fees for dwelling units for the life of the dwelling units, such that potential renters have the option of renting a residential unit with only one parking space at a price lower than would be the case if there were a single price for both the residential unit and all of the parking space(s).
(2) In cases where there are fewer parking spaces than dwelling units, the parking spaces must be offered first to the potential renters of three bedroom or more units, second to potential renters of two bedroom units, and then to potential renters of other units.
(3) Potential renters of affordable units must have an equal opportunity to rent a parking space on the same terms and conditions as offered to potential renters of market-rate units, at a price proportional to the rent of their units as compared to comparable market-rate units. This stipulation shall be included in any agreement recorded between the City and developer pertaining to the affordable housing units.
(4) Parking spaces shall be offered only to residents of the dwelling units served by the off-street parking, except that any surplus spaces may be rented out to non-residents, or otherwise made available for public use, 426
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 3 with the provision that such spaces must be vacated on 30 days’ notice if they are needed by residents. Required visitor spaces may not be rented out, but may be made available for public use.
The Community Development Director may grant an exception from unbundled parking requirements for affordable units that include financing for affordable housing that requires that costs for parking and housing be bundled together. (f) Garages/Carports/Uncovered Residential Parking. For residential uses, required offstreet parking located in the front half of a lot or within 25 feet of the side street on a corner lot must be covered with carport, garage or roofed structure except as allowed below. Uncovered off-street parking may be located in the rear half of the lot when more than 25 feet from a side street. (g) Surface Parking Lots. Surface parking lots are subject to the following restrictions and standards. The area of a surface parking lot must include all features within the lot’s outer edges, including all parking spaces, maneuvering aisles, access driveways, and perimeter and interior landscaping, walkways, and other features. (1) Large Parking Lots. If on-site parking for more than 50 spaces is needed, the parking facilities must be designed to have exceptional landscaping or design features, be located such that it is not highly visible from public rights-of-way, be provided within buildings or parking structures or in separate lots that are each less than two acres in size, or be otherwise covered by a structure that serves a non-parking function, such as solar panels, recreational facilities, roof deck, or green roof. (2) Pedestrian Circulation. Parking lots containing 25 or more spaces must have walkways separated from motor vehicle maneuvering aisles and driveways connecting the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of the building.
(A) Materials and Width. Walkways must provide at least four feet of unobstructed width and be hard-surfaced.
(B) Identification. Pedestrian walkways must be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, curb separation, different paving material, or similar method.
(C) Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the travel lane by a raised curb at least six inches high, bollards, or other physical barrier.
31.6.2 Calculation of Required Spaces
427
Belmont Zoning Ordinance
Section 31, Page 4 | City of Belmont | Draft Zoning Amendments (a) Fractions: A fractional space in the calculation of parking or loading spaces of onehalf (0.5) or greater is considered one additional space; fractions less than onehalf (0.5) require no additional spaces. (b) On-Street Parking. For non-residential uses, on-street parking spaces located immediately adjacent to the frontage of the property may be counted toward required offstreet parking.
(c) Multiple Uses. When two or more principal uses are located on the same lot, the estimated peak period parking demand is the sum of the estimated demand of the various individual uses during the period of peak combined demand for all uses, as determined through a parking study prepared by a qualified individual or firm. See subsection 31.6.6, Parking Reductions, for specific provisions related to shared parking.
(d) Area-Based Estimates. All area-based estimated peak period parking demands are computed on the basis of gross floor area, excluding parking and loading areas.
(e) Exclusion of First 2,500 Square Feet. For all nonresidential uses with area-based estimated peak period parking demands, the first 2,500 square feet of retail, restaurant, or commercial office use are subtracted from the gross square footage of the use when calculating the estimated parking demand. 31 (f) Motorcycle Parking. A credit of one automobile parking space is given for every four motorcycle parking spaces provided, not to exceed five percent of the total number of automobile parking spaces required. Motorcycle parking spaces must be no less than four feet wide by eight feet long with an aisle width of no less than 10 feet and must be clearly marked.
(g) Minimum Parking Requirements. Except as otherwise provided in this section, at least the minimum number of parking spaces required by Table 31-4 must be provided for each use or site.
(h) Maximum Private Parking Requirements.
(1) Limitation. Except as otherwise provided in this section, no more than the maximum number of private, off-street parking spaces specified in Table 31-4 may be provided for each use or site.
(2) Excess Parking to be Shared. Off-street parking spaces may be provided in excess of the maximum number of spaces specified in Table 31-4, provided that all such excess spaces are designed and operated to be shared and publicly accessible parking spaces available for public use at any time, except for uses with safety concerns which the Director confirms are valid and justify not sharing the spaces. Property owners may charge an hourly, daily, or monthly fee for use of any such public access parking provided in excess of the maximum off-street parking limits of this subsection. 428
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 5 (i) Parking Spaces Below the Minimum or Above the Maximum. Parking spaces less than the required minimum or more than the allowed maximum may be provided upon the granting of a conditional use permit as set forth below. (1) Parking Spaces Less Than the Minimum. To grant a conditional use permit to provide less than the minimum number of parking spaces required by Table 31-4, the following findings must be made in addition to the findings otherwise required for a conditional use permit:
(A) That adequate measures will be put in place through the Transportation Demand Management (TDM) programs required by Section 31.7 to reduce parking demand, such as promoting use of public transit, bicycling, and walking, and allowing modified working hours and telecommuting; and, 32
(B) That the reduction or elimination of the required parking spaces will not substantially reduce the availability of on-street parking for the occupants of nearby commercial and, or residential buildings. (2) Parking Spaces More Than the Maximum. To grant a conditional use permit to provide more than the maximum number of private parking spaces allowed by Table 31-4, the following findings must be made in addition to the findings required for a conditional use permit:
(A) That the applicant has convincingly demonstrated that the additional parking is required to meet the anticipated parking demand of the proposed uses; and,
(B) That the provision of the additional parking will not result in an overdependence on automobiles and will not adversely affect transit, bicycle, or pedestrian access to the site or other adjacent uses.
31.6.3 Location of Required Parking
(a) Location. Parking must be located either underground, or behind habitable, landscaped, or public plaza space or otherwise appropriately screened from view from a public street. For purposes of this requirement, alleys are not considered public streets. Parking is not permitted to be located between a public street and a building, except on corner lots, if approved as a modification to development standards.
(b) Non-residential Uses. Required parking spaces serving commercial, office, and other non-residential uses must be located on the same lot as the use they serve, or in an offsite parking facility as provided in Subsection 31.6.5, Off-site Parking Facilities.
(c) Residential Uses. Required parking for residential uses must be located on the same lot as the dwelling served, or in a common parking area not more than 400 429
Belmont Zoning Ordinance
Section 31, Page 6 | City of Belmont | Draft Zoning Amendments feet from the dwellings served. Parking may not be located within a required front setback area or yard or street-facing side setback area or yard. (d) No Street Frontage. When feasible, required parking must be located away from an Active Use Frontage, as illustrated in Figure 31 7: Parking Location and Access.
Figure 31-7: Parking Location and Access
31.6.4 Design Standards for Parking Lots and Structures. The parking area design standards of this section apply to all off-street parking areas. All required parking spaces and associated maneuvering aisles, driveways, and other related features must be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.
(a) Parking Layout and Dimensions. The layout and dimensions of off-street parking facilities are set forth in Figure 31-8 and Table 31-5 and as follows. (1) Regulatory and Calculated Dimensions. Stall width, stall length, and aisle width, as shown in Table 31-5, are regulatory. Other dimensions shown in Table 31-5 are calculated from these required dimensions, and are provided for convenience.
(2) Stall Width and Length. As indicated in Table 31-5, the required minimum stall width and length for various parking angles are as set forth below.
Compact spaces with an eight-foot width and 16-foot length are permitted for up to 25 percent of the required spaces.
430
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 7 (A) Width. For parking angles of more than 30 degrees the required minimum stall width is eight feet six inches. For parking angles of 30 degrees or less, the required minimum stall width is eight feet.
(B) Length. For all parking angles other than parallel parking, the required minimum stall length is 18 feet. For parallel parking, the required minimum stall length is 20 feet.
(3) Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table 31-5, the required aisle width shall be interpolated from the values in the table. For example, for a parking angle of 70 degrees, which is twothirds of the increment between 60 degrees and 75 degrees, the required one-way aisle width is 18 feet eight inches, which is two-thirds of the increment between the required aisle widths for 60-degree parking and 75- degree parking, 16 feet and 20 feet respectively.
(4) Alternate Maneuvering Aisle and Parking Space Widths. For parking angles equal to or greater than 45 degrees and less than 90 degrees, one-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches. For 90-degree parking, one-way and two-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches and a minimum aisle width of twenty-two feet.
(5) Two-Way Modules. Table 31-5 provides the dimensions for parking modules with one-way traffic. For parking modules with two-way traffic, add the difference in width between a two-way aisle and a one-way aisle. For example, for a two-way module with a parking angle of 45-degrees, add eight feet, which is the difference between a two-way aisle (20 feet) and a one-way aisle (12 feet).
(6) Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet where the parking stall is designed to abut a landscaped area a minimum of five feet wide, such that the front of the vehicle can overhang the landscaped area.
(7) Spaces Abutting Walls. An additional foot of width must be provided for each parking space side abutting a wall. 33
431
Belmont Zoning Ordinance
Section 31, Page 8 | City of Belmont | Draft Zoning Amendments FIGURE 31-8: PARKING LAYOUT
TABLE 31-5: PARKING DIMENSIONS
Parking
Angle
Regulatory Calculated for Reference
Stall
Width
Stall
Length
Aisle Width Stall
Width
Parallel
to Aisle
Stall Depth Module (one-way)
OneWay TwoWay Interlocking At
Wall
NonInterlocking Interlocking Half
Interlocking1
Parallel 8'-0" 20'-0" 12'-
0"
20'-
0"
- - - - - - 28'-0" - - - -
30° 8'-0" 18'-0" 12'-
0"
20'-
0"
16'-0" 12'-6" 15'-
11"
43'-10" 36'-11" 40'-5"
45° 8'-6" 18'-0" 12'-
0"
20'-
0"
12'-0" 15'-9" 18'-
9"
49'-6" 43'-6" 46'-6"
60° 8'-6" 18'-0" 16'-
0"
20'-
0"
9'-10" 17'-9" 19'-
10"
55'-8" 51'-5" 53'-7"
75° 8'-6" 18'-0" 20'-
0"
20'-
0"
8'-10" 18'-6" 19'-
7"
59'-2" 57'-0" 58'-1"
90° 8'-6" 18'-0" 24'-
0"
24'-
0"
8'-6" 18'-0" 18'-
0"
60'-0" - - - -
1. One side is interlocking and the other side is non-interlocking. 432
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 9 (b) Driveways and Access.
(1) Driveway Width.
(A) Parking facilities containing fewer than 15 required parking spaces must have only a single driveway of no less than nine feet and no more than 10 feet in width.
(B) Parking facilities containing 15 or more required parking spaces may have one lane driveways of no less than nine feet and no more than 10 feet in width, and two-lane driveways of no less than 18 feet and no more than 20 feet in width.
(2) Vehicle Flow.
(A) Except for those serving four or fewer residential units, all parking areas must be designed so that a motor vehicle leaving the parking area will enter the public right-of-way traveling in a forward direction. (B) Parking areas must be designed so that a vehicle will not have to enter a public right-of-way to move from one location to another within the parking area.
(c) Surface. All outdoor parking spaces, driveways, and maneuvering areas must be designed, built and permanently maintained to avoid dust, mud and standing water and to maximize permeability, where feasible and appropriate. These surfaces may include traditional asphalt and concrete as well as pervious pavements, sand-set pavers, and supported turf systems. A combination of surfaces may be used; for example, two track driveways of concrete strips with pervious areas between the strips and on the edges.
(1) Cross-grades. Cross-grades must be designed for slower stormwater flow and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.
(2) Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.
(3) Permeable Paving. Permeable paving, sand-set pavers, supported turf systems, and vegetation must be used in all overflow parking areas and installed in accordance with manufacturer recommended specifications. (4) Turf Grids/Grassy Pavers. Turf grids/grassy pavers shall be installed in areas of low traffic or infrequent use wherever feasible. (d) Striping and Marking. In all parking facilities with four or more spaces, each parking space must be clearly striped with paint or similar distinguishable 433
Belmont Zoning Ordinance
Section 31, Page 10 | City of Belmont | Draft Zoning Amendments material, except that the Community Development Director may approve alternate means of marking spaces.
(e) Perimeter Curbing. A six-inch wide and six-inch high concrete curb must be provided along the outer edge of the parking facility pavement, except where the pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas must be designed to allow stormwater runoff to pass through. (f) Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with 10,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces. (g) Vertical Clearance. All covered parking must have a minimum vertical clearance of seven feet six inches except for spaces in parking lifts and where greater clearance is required by the California Building Code.
(h) Tandem Parking. Required parking may be arranged as tandem spaces, provided that pairs of spaces in tandem are assigned to the same residential unit or that a full-time parking attendant supervises the parking arrangements during periods of peak demand for the uses served. The required stall width, stall length, and aisle width apply to tandem spaces, except that the stall length is doubled for each pair of tandem spaces.
(i) Parking Lifts. Required parking may be provided in parking lifts. If the configuration requires a vehicle to be removed from the lift to access another vehicle, the parking must comply with tandem parking standards. The dimensional standards for 90-degree parking shall apply to parking lifts, including the requirement for an aisle of 24 feet. Exterior parking lifts must be screened from public view.
(j) Landscaping and Screening - Uncovered Parking Areas. Landscaping of uncovered parking areas must be provided and maintained as follows. (1) Landscape Area Required. A minimum of 10 percent of the interior of any parking lot area must be landscaped.
(2) Minimum Planter Dimension. Landscape planters to be counted toward the required landscape area must be at least 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.
(3) Layout. Landscaped areas must be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:
(A) Landscaped planting strips at least four feet wide between rows of parking stalls;
434
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 11 (B) Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
(C) Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and, 34
(D) On-site landscaping at the parking lot perimeter.
(4) Required Landscaped Islands. A landscaped island at least six feet in all interior dimensions and containing at least one 15-gallon-size tree must be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.
(5) Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least five feet wide must be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site.
(6) Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide must be provided between any surface parking area and any adjacent lot for the length of the parking area. (7) Trees.
(A) Number Required. One for each five parking spaces.
(B) Distribution. Trees shall be distributed relatively evenly throughout the parking area.
(C) Species. Tree species shall be selected from a list maintained by the City. (D) Size. All trees shall be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.
(E) Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.
(8) Protection of Vegetation.
(A) Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.
(B) Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high.
Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.
435
Belmont Zoning Ordinance
Section 31, Page 12 | City of Belmont | Draft Zoning Amendments (9) Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver’s vision of vehicular and pedestrian crosstraffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed 30 inches in height. (k) Landscaping for Parking Structures.
(1) Landscaped Buffer for Parking Garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least 10 feet wide between the parking garage and public street.
(2) Parking Garage Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor. (l) Screening. Parking areas must be screened from view, to the extent feasible, from public streets and adjacent lots in a more restrictive district, according to the following standards.
(1) Height. Screening of parking lots from adjacent public streets must be three feet in height. Screening of parking lots along interior lot lines that abut residential districts must be six feet in height, except within the required front setback of the applicable zoning district, where screening must be three feet in height.
(2) Materials. Screening may consist of one or any combination of the methods listed below.
(A) Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material.
(B) Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
(C) Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation. (D) Berms. Berms planted with grass, ground cover, or other low-growing plant materials.
(m) Lighting. Except for those facilities serving four or fewer residential units, all open parking areas must have exterior lighting meeting the following minimums:
436
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 13 (1) The lighting system providing not less than one footcandle and not more than five footcandles overall average illumination with a minimum of onefourth footcandles on the parking surface. (2) All lighting must be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to security lighting. 35
(3) All lighting must be designed to confine direct light to the premises. No light fixture may emit any direct light above a horizontal plane through the fixture. No spillover beyond the lot line is permitted, except onto public thoroughfares.
(n) Electric Vehicle Charging Stations. In parking facilities containing 20 or more spaces serving Multi-Unit Residential uses, at least five percent of parking spaces must also serve as electric vehicle (EV) charging stations. Such spaces may be counted towards the parking requirements herein.
(1) Size. Electric vehicle charging stations must be the same size as other spaces, and electric vehicle charging equipment may not reduce the size of the space.
(2) Signage. Each electrical vehicle charging station must be clearly marked with a sign reading “Electrical Vehicle Charging Station” and the associated California Vehicle Code restrictions, and only a vehicle that is connected for electric charging may park in the stalls or spaces so designated. (3) Equipment. Electrical vehicle charging stations must be wired for a minimum of 240 volts and 32 amps, designed to allow for future provision of higher amperage conduit, equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment, as necessary for public use.
31.6.5 Off-site Parking Facilities. A parking facility serving one or more non-residential uses located on a site other than the location of the use(s) may be used to satisfy the use’s on-site parking requirement so long as the parking is available under an enforceable parking agreement and approved by the Director if the standards of this subsection are met.
(a) Location. Any off-site parking facility must be located within 1,000 feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.
(b) Parking Agreement. A written agreement between the landowner(s) and the owner of the use in a form satisfactory to the City Attorney and recorded against the parking lot property in favor of the use property, which includes:
(1) A guarantee among the landowner(s) for access to and use of the parking facility; and, 36
437
Belmont Zoning Ordinance
Section 31, Page 14 | City of Belmont | Draft Zoning Amendments (2) Reasonable notice provisions so that replacement spaces can be secured if use of the off-site parking facility is terminated.
31.6.6 Parking Reductions. The number of on-site parking spaces required by Table 31-2:
Village Zoning District Development Standards may be reduced in accordance with the provisions of this Subsection through the modification to development standards review process.
(a) Residential Uses. If a developer can demonstrate that a multi-family residential, group residential, or service-oriented housing project designed for residents with special needs, such as senior citizens or handicapped individuals, will not generate a need for as much parking as a similar size project designed for a general market, the Planning Commission may approve a reduction in the number of required parking spaces. Upon conversion of a senior citizen or other special needs group housing project to a general market apartment or condominium complex, parking must be provided consistent with the requirements of Table 31 2: Village Zoning District Development Standards.
(b) Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced, if the Planning Commission finds that all of the following are true:
(1) The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
(2) The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately;
(3) A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and, (4) In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of Subsection 31.6.5, Off-site Parking Facilities.
(c) Other Parking Reductions. Required parking for any use may be reduced if a parking demand study has been submitted that substantiates the basis for granting the reduced number of spaces and that:
(1) The use will adequately be served by the proposed parking; and, (2) Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.
31.6.731.6.1 Parking Structures.
438
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 15 (a) Wrapping. At least 60 percent of the street-facing perimeter of above-ground parking structures should be wrapped with habitable space.
Figure 31-9: Above Ground Parking Structures Wrapped with Habitable Space (b) Reduction through Development Standard Modification. Modifications to the percent of the perimeter required to be wrapped with habitable space may be allowed through the modification process if the Planning Commission finds that:
(1) The design quality of the garage is equivalent to habitable space; and, 37 (2) The ground level is screened with landscaping.
31.6.8 Bicycle Parking. Bicycle parking is required as provided in this subsection. (a) Spaces. Two short-term (Class 2) bicycle parking spaces are required per site plus the following:
(1) Multi-family Residential Uses. 1 additional Class 1 space per 20 units; (2) Retail and Service Uses. For buildings over 10,000 square feet gross floor area, 1 additional short-term (Class 2) space and 1 additional long-term (Class 1) space per incremental 10,000 square feet occupied by tenants with more than 2,500 square feet of space; and,
(3) Office Uses. 1 additional short-term (Class 2) space per 20,000 square feet, and 1 additional long-term (Class 1) space per incremental 5,000 square feet.
(4) Exemptions for Small Sites. The Director may grant an exemption from the bicycle parking requirement for sites with less than 10,000 square feet if onstreet (Class 2) public bicycle parking is provided on the block face. (b) Long-term (Class 1) Bicycle Parking. Long-term bicycle parking must be located on the same site as the use it serves, and be in an enclosed bicycle locker, or a fenced, covered, and locked bicycle storage area.
(c) Short-term (Class 2) Bicycle Parking.
439
Belmont Zoning Ordinance
Section 31, Page 16 | City of Belmont | Draft Zoning Amendments (1) Short-term bicycle parking must be located within 100 feet of the primary building entrance, and be visible from the street or from the main building entrance. Shared bicycle parking facilities are encouraged, when in compliance with these standards.
(2) Bicycle parking must be located on private property, unless the Public Works Director approves an encroachment permit for bicycle parking within the public right-of-way. Any bicycle parking in the right-of-way should be located in the curb zone; a minimum of four feet width of clear sidewalk or 10 feet width of public alley must remain unobstructed for pedestrian or vehicle uses.
(d) Standards for All Bicycle Parking.
(1) Class 1 Long-Term Bicycle Parking Spaces. Class 1 spaces must be located with direct access for bicycles without requiring use of stairs. The location of such spaces must allow bicycle users to ride to the entrance of the space or the entrance of the lobby leading to the space. The design must provide safe and convenient access to and from bicycle parking facilities. Use of elevators to access Class 1 spaces should be minimized. In residential buildings, Class 1 space may not be provided within dwelling units, on balconies, or in required outdoor living areas. Class 1 bicycle parking must be located: 38
(A) On the ground floor within 100 feet of a major entrance to the lobby.
There must be either: (i) convenient access to and from the street to the bicycle parking space and another entrance from the bicycle parking space to the lobby area, or (ii) a minimum five foot wide hallway or lobby space that leads to the bicycle parking entrance, where direct access to bicycle parking space from the street does not exist. Such access route may include up to two limited constriction points, such as doorways, provided that these constrictions are no narrower than three feet wide and extend for no more than one foot of distance.
(B) In a structured parking facility, on the first level of automobile parking either above or below grade, near elevators or other pedestrian entrances to the facility.
(2) Class 2 Short-Term Bicycle Parking Spaces. Class 2 spaces must be located, as feasible, near all main pedestrian entries to the use to which they are accessory. Class 2 bicycle parking may be on a sidewalk or in place of an onstreet auto parking space, within 100 feet of a main entry to the building. If existing Class 2 bicycle parking in the required quantities already exists in a public right-of-way immediately fronting a project site, and the spaces are not satisfying bicycle parking requirements for another use, that parking may be used to meet the Class 2 requirement. 39
(3) Design and Installation.
440
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 17 (A) A bicycle parking space must be in a paved, level, drained, lighted area with access to a right-of-way without the use of stairs, and consist of either:
i One side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one wheel to be locked to the rack element with one lock; or, 40
ii For Class 1 long-term parking only, a bicycle locker constructed of theft-resistant material with a lockable door that opens to the full width and height of the locker. Bicycle lockers must be weather-proof if exposed to the elements; or, 41
iii For Class 1 long-term bicycle parking only, wall-mounted racks or wall- or ceiling-mounted hooks so that bicycles may be hung vertically.
(B) Each bicycle parking space shall be no less than 15 inches wide, by six feet deep, with an overhead clearance of no less than seven feet. This can be satisfied by placing racks, each of which supports two bicycles, 30 inches apart.
(C) Each row of bicycle parking spaces shall be served by an aisle no less than four feet wide. Rack elements must be placed two feet from walls, fences or curbs.
(D) Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle. (E) Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors. The Director may specify preferred installation methods, such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.
(4) Location.
(A) Direct access from the bicycle parking to the public right-of-way must be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking areas to the building entrance shall also be provided.
(B) Where bicycle parking is not directly visible and obvious from the rightof-way, signs must be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate.
441
Belmont Zoning Ordinance
Section 31, Page 18 | City of Belmont | Draft Zoning Amendments (C) Bicycle parking must be separated from automobile parking by a sufficient distance to prevent damage from moving automobiles or their loading and unloading.
(D) Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it.
(E) The placement of bicycle parking, bicycle rack elements and bicycle lockers shall not interfere with pedestrian circulation. (e) Removal of Abandoned Bicycles. Property owners must remove abandoned bicycles from short-term and long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one month. This requirement does not preclude provision of seasonal bicycle storage.
31.6.9 Loading Spaces
(a) Number of Spaces Required. The off-street loading requirements within Village zones are specified in Table 31-6.
TABLE 31-6: LOADING REQUIREMENTS
Use Type Number of Spaces Size (See (B) below)
Residential Use Types
Multi-Unit
Less than 50 units none
50 to 149 units 1 small
150 units, or more 2 small
Commercial and Institutional Use Types
Offices – All
Less than 25,000 gross square feet none
25,000 to less than 100,000 gross square feet 1 medium
100,000 or more 2 medium
All Other
Less than 10,000 gross square feet none
10,000 to less than 20,000 gross square feet 1 medium
20,000 to less than 40,000 gross square feet 2 medium
40,000 to less than 80,000 gross square feet 2 large
442
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 19 Each additional 40,000 gross square feet or
fraction of one-half or more thereof
1 large
(b) Size of Spaces. The size of each type of loading space is as follows:
(1) Small. Small loading spaces must have a width of no less than 10 feet, a length of no less than 25 feet, and a vertical clearance of no less than eight feet. 42
(2) Medium. Medium loading spaces must have a width of no less than 12 feet, a length of no less than 35 feet, and a vertical clearance of no less than 14 feet.
(3) Large. Large loading spaces must have a width of no less than 12 feet, a length of no less than 50 feet, and a vertical clearance of no less than 14 feet.
(c) Modifications. In approving a project, the Director or the Planning Commission, as the case may be, may modify the number and size of loading spaces required because of the nature of the use or the design of the project. (d) Maneuvering Areas. All off-street loading spaces must be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces. Maneuvering areas must be designed to accommodate the largest vehicle intended to use the loading spaces and may not be encumbered by parking stalls or physical obstructions.
(e) Surface and Maintenance. Loading spaces and the maneuvering areas and driveways serving them must be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights; properly graded for drainage; and maintained in good condition free of weeds, dust, trash, and debris.
(f) Location. Loading spaces must be located on the same lot on which the use for which they are required is located, except that, upon the granting of a conditional use permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within 300 feet of the lot on which the use requiring the loading spaces is located. To grant such a conditional use permit, the Planning Commission must make the following findings in addition to the findings otherwise required:
(1) That the common loading area results in a more efficient design than individual loading areas serving each use separately;
(2) That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility; and, 43 443
Belmont Zoning Ordinance
Section 31, Page 20 | City of Belmont | Draft Zoning Amendments (3) That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces. (g) Access to Tenant Spaces Served by Loading Spaces. Buildings served by loading spaces must be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces of sufficient width and height to accommodate all material to be loaded and unloaded.
(h) Availability and Utilization of Loading Spaces. All loading spaces must be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces must be responsible for advising drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, require drivers to use such loading spaces, and not allow pick-up and delivery vehicles to be loaded in the public rightof-way. (i) Landscaping and Screening. All loading spaces and the maneuvering areas and driveways serving them must be landscaped and screened as required by this section.
(j) Lighting. All exterior loading spaces and the maneuvering areas and driveways serving them must be provided with lighting meeting the minimums established for parking areas.
31.6.10 Alternative Compliance with Parking Requirements (a) Alternative Parking and Loading Plan. Where an applicant can demonstrate to the satisfaction of the Planning Commission that variations in the standards or dimensions otherwise required by this section are warranted for uses with unique needs, an alternative parking area design and loading plan may be allowed with approval of a conditional use permit. To grant such a conditional use permit, the Planning Commission must make the following findings in addition to the findings otherwise required:
(1) That the applicant has convincingly demonstrated that the alternative plan is a superior solution and the requested modifications in the design standards are warranted; and, 44
(2) That the alternative parking arrangement will be in place at all times during operation of the principal uses to be served by the parking. (b) Access and Parking In-Lieu Fees. As an alternative to providing off-street parking onsite, or off-site as allowed by subsection 31.6.5 above, project applicants may propose to pay a fee in-lieu to fund public access and parking improvements for all or a portion of the required parking. This optional Access and Parking In-Lieu Fee is intended to enable the City to (1) acquire sites for and develop off-street public parking, or to lease unused, or underutilized private parking for public use to accommodate auto access and vehicle storage demand that cannot be 444
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 21 addressed either on site, or on-street in the vicinity of the project, or (2) to fund transportation demand management programs and services, and/or public transportation, bicycle, and/or pedestrian facilities and services, as necessary to accommodate an equivalent number of person trips to the site.
The fee shall be established by the City Council and administered by the Community Development Director on a per vehicle trip basis, such that the developer of a nonresidential project contributes toward the provision of parking or non-auto facilities and services accommodating the same number of person trips to the site as would have been accommodated by the provision of the minimum number of off-street parking spaces required by Table 31-4, as adjusted by other provisions of this section.
The Director shall determine the vehicle trip generation rate for each land use or site seeking to use the Access and Parking In-Lieu Fee option with reference to the vehicle trip generation rates published in the latest edition of the Institute for Transportation Engineers’ (ITE) Trip Generation Manual, with adjustments for mixing of uses, density of population and employment, and proximity to frequent transit service.
(c) Administration of In-Lieu Fee. An Access and Parking in-lieu fee shall be provided for nonresidential uses only as follows:
(1) Parking In-Lieu Fee Amount. The amount of the parking in-lieu fee shall be as set forth in the City’s Master Fee Schedule, and, for projects that would otherwise have to provide 20 or more spaces, the Director shall have the right to determine whether to accept payment of the fee for all or only a portion of the required parking.
(2) Deposit of Funds. Parking in-lieu fees shall be deposited with the City before issuance of a building permit in a separate fund to be known as the Access and Parking In-Lieu Fee Fund and shall be used only as described in this section.
(3) Refund of Fee. A parking in-lieu fee may be refunded, without interest, to the person who made such payment, or his or her assignee or designee, if additional off-street parking spaces are provided for such building or use by others than the City, so as to satisfy the parking requirement for which the in-lieu payment was made. To obtain a refund, the required off-street parking spaces must be in place prior to issuance of a Certificate of Occupancy and before funds are spent or committed by the City.
31.7 TRANSPORTATION DEMAND MANAGEMENT
31.7.1 Purpose. The specific purposes of the Transportation Demand Management (TDM) Program requirements for the Village are to promote maximum efficiency in the existing transportation system and to further the transportation goals and implement 445
Belmont Zoning Ordinance
Section 31, Page 22 | City of Belmont | Draft Zoning Amendments the policies of the Belmont Village Specific Plan, the Belmont General Plan, and the San Francisco Bay Area Clean Air Plan, including reducing total vehicle miles traveled (VMT), while enhancing access and expanding mobility by:
(a) Promoting and encouraging the use of transit, ridesharing, bicycling, walking, flexible work hours and telecommuting as alternatives to solo driving; (b) Promoting the more efficient utilization of existing transportation facilities and ensuring that new developments are designed in ways to maximize the potential for people and goods to arrive/depart by walking, cycling, riding public transportation, or traveling in a high occupancy vehicle; and, 45 (c) Establishing an ongoing monitoring and enforcement program to ensure that the City’s desired alternative mode use percentages are achieved.
31.7.2 Applicability. The requirements of this section apply to:
(a) New multi-unit development of ten units or more;
(b) New nonresidential development of 10,000 square feet or more; and, 46 (c) Establishment of a new use, change of use, or change in operational characteristics in a building that is 10,000 square feet or more in size that results in an average daily trip increase of more than 10 percent of the current use, based on the most recent Institute of Traffic Engineers (ITE) trip generation rates.
31.7.3 Performance Requirements
(a) VTM Reduction. All projects subject to the requirements of this section must incorporate measures to reduce to the extent feasible single-occupant vehicle trip generation rates 15 percent below the standard rates as established in the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual by promoting walking, cycling, public transit, and ridesharing/vanpooling, and/or discouraging single-occupant vehicle travel, ensure that the average Vehicle Miles Traveled (VMT) by residents or workers in the development, or students or workers in schools, is less than the average citywide VMT. This performance target is consistent with the Belmont Village Specific Plan, the Belmont General Plan, and the version of Plan Bay Area effective in 2016. (b) GreenTRIP Certification. Residential developments may meet this performance requirement by obtaining before issuance of a certificate of occupancy GreenTRIP Certification from TransForm, or other equivalent certification as determined by the Director aimed at reducing parking and vehicle miles traveled.
31.7.4 Vehicle Trip Reduction Measures. All projects subject to the requirements of this section that do not have GreenTRIP Certification or a City accepted equivalent must implement any combination of the following measures to achieve the required VMT reduction and promote use of non-auto and shared mobility options. The Director may establish limits on the use of any single measure to meet a portion of the overall performance requirement for a project. Approvals or modifications by the Director 446
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 23 related to VMT measures in Section 31.7 shall be with the concurrence of the Public Works Director.
(a) Passenger Loading Zones. Passenger loading zones for carpool and vanpool drop-off located near the main building entrance.
(b) Direct Route to Transit. A well-lighted path or sidewalk utilizing the most direct route to the nearest transit or shuttle stop from the building. (c) Pedestrian Connections. Safe, convenient pedestrian connections provided from the project to surrounding public streets and, if applicable, trails. (d) Bicycle Connections. If a site is abutting a bicycle path, lane or route, provision of a bicycle connection close to an entrance to the building on the site. (e) Long-Term Bicycle Parking. Covered and secure long-term bicycle parking located within the required walking distance. Long-term bicycle parking must be in at least one of the following facilities:
(1) An enclosed bicycle locker;
(2) A fenced, covered, locked or guarded bicycle storage area; or, 47 (3) A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas.
(f) Short-Term Bicycle Parking. Secure short-term bicycle parking located within the required walking distance.
(g) Free Preferential Carpool and Vanpool Parking. Ten percent of vehicle spaces reserved for carpools or vanpools, with a minimum of one space required. The preferential parking spaces must be provided free of charge. (h) Showers/Clothes Lockers. Shower and clothes locker facilities free of charge. (i) Transportation Management Association (TMA). Participation in or requirement for tenant to participate in a Village or citywide TMA or a similar organization approved by the Community Development Director that provides ongoing administration of and support for non-auto and shared mobility commute incentives, facilities, and services.
(j) Paid Parking at Prevalent Market Rates. Parking provided at a cost equal to the prevalent market rate, as determined by the City based on a survey of paid parking in the City and adjacent communities.
(k) Alternative Commute Subsidies/Parking Cash Out. Provide employees with a subsidy, determined by the applicant and subject to review by the Community Development Director, if they use transit or commute by other alternative modes. (l) Carpool and Vanpool Ride-Matching Services. Matching of potential carpoolers and vanpoolers by administering a carpool/vanpool matching program, or 447
Belmont Zoning Ordinance
Section 31, Page 24 | City of Belmont | Draft Zoning Amendments participating actively in such a program administered by a local or citywide TMA, the City, or other public agency.
(m) Guaranteed Ride Home. Guaranteed rides home in emergency situations for carpool, vanpool and transit riders. Rides shall be provided either by a transportation service provider (taxi, rental car, or services provided by transportation network/ride sharing companies) or an informal policy using company vehicles with designated employee drivers.
(n) Shuttle Program. Provision of a shuttle program or participation in an existing shuttle program approved by the City and subject to any fees for the existing program.
(o) Information Boards/Kiosks. Display of the following information in a prominent location, maintained by a designated TDM contact: transit routes and schedules; carpooling and vanpooling information; bicycle lanes, routes and paths and facility information; and alternative commute subsidy information. (p) Promotional Programs. Promotion and organization of events for the following programs: new tenant and employee orientation packets on transportation alternatives; flyers, posters, brochures, and emails on commute alternatives; Spare the Air (June through October); Rideshare Week (October); and trip planning assistance routes and maps.
(q) Flextime. Provide or require tenants to provide employees with staggered work hours involving a shift in the set work hours of all employees at the workplace or flexible work hours involving individually determined work hours, such that a substantial share of employees regularly arrive at and depart from the worksite before or after the a.m. and p.m. peak periods for vehicle travel. (r) Other Measures. Additional measures not listed in this section, such as child care facilities or an in-lieu TDM fee established by the City Council to provide funding for multi-modal access facilities and services, or transportation and parking demand management programs.
31.7.5 Submittal Requirements. All projects subject to the requirements of this section must submit a transportation demand management plan in conjunction with the development application. These plans must demonstrate that, upon implementation, they will achieve the performance requirement and shall include the following. (a) Checklist. A completed checklist of the trip reduction measures chosen by the applicant under Section 31.7.4 (Vehicle Trip Reduction Measures). (b) Trip Generation. Estimated daily trip generation for the proposed use based on the ITE trip generation rates and the reductions anticipated with implementation of the measures proposed. The Community Development Director with the concurrence of the Public Works Director, a citywide TMA, or a consulting traffic engineer retained by the City at applicants’ expense shall maintain guidelines and 448
Belmont Zoning Ordinance
Draft Zoning Amendments | City of Belmont | Section 31, Page 25 checklists for evaluation of trip reduction potential of proposed measures and make these available to applicants.
(c) Implementation Plan. A description of how the performance requirements will be achieved and maintained over the life of the project. (d) Project-Designated TDM Contact. Designation of an employee or resident as the official contact for the transportation demand management program. The City shall be provided with a current name and phone number of the projectdesignated TDM contact who administers carpool and vanpool ride-matching services and promotional programs, updates information on the information boards/kiosks, and is the official contact for the administration of the programs. (e) Site Plan. A site plan that designates transportation demand management design elements including, as applicable, the location and layout/design of:
(1) External facilities: preferential parking areas, paid parking areas, shared parking areas, bicycle parking, passenger loading areas, direct route to transit, and pedestrian connections.
(2) Internal facilities: showers/lockers, information boards/kiosks, and on-site transit pass sales.
31.7.6 Required Findings. Before approval of a project subject to the requirements of this section, the Community Development Director or the Planning Commission, whichever has approval authority, shall make both of the following findings:
(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; and, 48
(b) The proposed vehicle trip reductions will ensure that the performance targets of this section will be achieved and maintained.
31.7.7 Modifications and Changed Plans
(a) Minor Modifications. The Community Development Director may approve minor modifications to an approved transportation demand management plan that are consistent with the original findings and conditions approved by the review authority and would result in the same target minimum alternative mode use. (b) Changed Plans. A proposed change in an approved project subject to the requirements of this section that would result in a 10 percent increase in the number of average daily vehicle trips must be accompanied by a statement of what modifications or additions to the approved transportation demand management plan will be made to ensure the same target alternative mode use.
The Director may conditionally approve such a change, subject to annual monitoring to confirm that the TDM program’s objectives are being met. 449
Belmont Zoning Ordinance
Section 31, Page 26 | City of Belmont | Draft Zoning Amendments
31.7.831.6.2 Monitoring and Reporting. A report documenting the TDM activities undertaken and their results or an affidavit confirming that the requirements of this section have been met must be submitted to the Community Development Director or Village or citywide TMA by the designated TDM contact. If the TDM measures consist of solely measures that would be performed once, this report must be submitted at the completion of the implementation of those measures. For measures that are ongoing commitments, this report must be submitted annually. If the annual report shows compliance for three consecutive years, no further annual reports are required. A fiveyear review may be required by the Director or the Village or citywide TMA to evaluate the overall effectiveness of all of the TDM activities and may suggest new or modified activities or substitute activities to meet the program’s objectives, per the Director’s or TMA’s review and approval. The Director may impose reasonable changes, consistent with the scope of the original project approval, that must be implemented to assure the TDM program’s objectives will be met.
450
Planning Commission Meeting Minutes
September 16, 2025
Page | 1
MINUTES OF PLANNING COMMISSION MEETING
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California TUESDAY, SEPTEMBER 16, 2025
CALL TO ORDER: 7:00 PM
1. ROLL CALL 7:00 P.M.
Planning Commission members present: Margaret Jadallah, Cherry Twigg, Joanne Adamkewicz, David Kramer, Brian Kulich
Commission members absent: Nathan Majeski
Staff Present: Community Development Director Carlos de Melo, Deputy Community Development Director Laura Russell, Senior Planner Rob Gill, Assistant Planner Jeremy Ruiz, Administrative Assistant Courtney Brown
2. PLEDGE OF ALLEGIANCE
Led by Chair Kulich.
3. COMMUNITY FORUM
Chair Kulich opened the Community Forum. No public speakers in house or on Zoom for this item. Chair Kulich closed the Community Forum.
4. COMMISSIONER ANNOUNCEMENTS AND AGENDA AMENDMENTS
Commissioner Adamkewicz made a brief statement on where to find the Planning Commission agenda packets on the City’s website. The agendas can be found at www.belmont.gov/agendas.
Chair Kulich confirmed no other commissioner announcements or amendments from staff.
5. CONSENT BUSINESS
5A. ACTION: On a motion by Commissioner Adamkewicz, seconded by Commissioner Twigg for Approval of Meeting Minutes as presented for September 2, 2025. Motion Passes 5-0-0 (5 Ayes, 0 Noes, 0 Abstain)
6. STUDY SESSION
Chair Kulich confirmed no study session items.
7. PUBLIC HEARINGS
7A. 1131 Notre Dame Avenue - Single-Family Design Review Chair Kulich confirmed there were no ex-parte communications. Assistant Planner Ruiz presented the staff report to approve a Single Family Design Review for the construction of an 85 square foot ground floor addition and a new 1,633 square foot upper story for the existing single-family residence (Total - 1,718 square feet). The new net total gross floor area will be 3,229 square feet where 3,235 square feet is the maximum permissible floor area for the subject property.
Commissioner Questions and Comments
The applicant made a brief statement. Commissioners and staff discussed questions on the square footage and setback requirements for the accessory dwelling unit (ADU) on the subject property.
Chair Kulich opened the public hearing. A neighbor of the subject property spoke and offered their support for the project. Chair Kulich closed the public hearing. 451
Planning Commission Meeting Minutes
September 16, 2025
Page | 2
COMMISSION DISCUSSION AND DELIBERATION
Commissioners concluded their deliberations and made the findings in the affirmative.
ACTION: On a motion by Commissioner Jadallah, seconded by Commissioner Adamkewicz to approve 1131 Notre Dame Avenue (Single-Family Design Review).
Motion Passes 5-0-0 (5 Ayes, 0 Noes, 0 Recusal)
7B. Zoning Text Amendments - Corridor Mixed Use District, Parking, Housing Element Implementation and Other Zoning Code Updates
Chair Kulich confirms there are no ex-parte communications. Deputy Community Development Director, Laura Russell, presented the staff report to adopt a resolution recommending City Council adoption of proposed Zoning Text Amendments related to implementation of the certified Housing Element, development standards in the Corridor Mixed Use (CMU) District, consolidation of parking requirements into one section of the Zoning Ordinance, amendments to implement streamlined processing of housing projects as required by State law, and other updates to clarify zoning regulations and improve implementation.
Commissioner Questions and Comments
Commissioners discussed questions on:
• Transitional yards and setbacks
• Completeness review check on AB130 applications
• Noticing procedures for surrounding neighbors
• Revisions required to comply with the housing element • Proposed level of authority conferred to the Community Development Director for their project review
• The 65 foot height maximum for hotels in this area and how it may affect the surrounding neighborhood
• The state requirement for residential care facilities • Density bonus vs community benefits
• Other cities in the area that have moved toward increased Community Development Director review of ministerial projects
• Parking analysis to evaluate compliance with criteria Chair Kulich opened the public hearing. One resident, whose home is surrounded by the CMU District on three sides, illustrated his concerns on the transitional yard/setback code language and the possibility of a 65-foot high hotel being built five feet from his property. Chair Kulich closed the public hearing.
COMMISSION DISCUSSION AND DELIBERATION
Commissioners and staff discussed the possibility of edits to the transitional yard requirements, the value of public comment and public hearings, the timeline of the 60 day review for ministerial projects, AB 2097 parking requirements, transient occupancy tax, and design standards for parking garages in the CMU District. Commissioners concluded their deliberations and made the findings that the City Council amend the Belmont Zoning Ordinance as described in the staff report and attachments with the following modifications:
452
Planning Commission Meeting Minutes
September 16, 2025
Page | 3
• Amend Exhibit B - Section 4, Residential, with the additional recommendation for staff to evaluate adding language pertaining to residential care facilities to specify such facilities shall only be allowed in a single family residence to the extent such language is permissible by State Law, and if not, suggest any new, regulatory language that could be permissible by state law with the intent to mitigate any impact to single family neighborhoods to the extent feasible.
• Amend Exhibit G - Section 13, Design Review, with the additional recommendation that:
⇒ staff does not include any amendments changing the review authority for any “Housing Development Projects as defined by the Housing Accountability Act, Government Code Section 65589.5(h)(2) that for any project not defined “ministerial” or “by-right” by State Law.
⇒ staff does not include any amendments changing the review authority for any project types currently assigned to either the Zoning Administrator and/or Planning Commission.
• Additional amendments to Sections 9.7.5 “Transitional Yards – C and M Districts” to increase the rear, and/or interior side property line setback to 15 feet, plus an additional 5- foot stepback starting at the third floor and for every two floors thereafter for any property in the CMU District that abuts an R-1 District.
These amendments include Section 2, 4, 5A, 8, 9.5.4, 10.8, 13, 31.6, and 31.7 of the Belmont Zoning Ordinance.
The Planning Commission further recommended that staff consider the following items for analysis and future discussion following direction by the City Council:
• Consider and evaluate the ability to create design standards for parking garages that do not face El Camino Real.
• Consider and evaluate potential options on any changes to reviewing authorities for Design Review and/or other entitlement projects in compliance with State Law, including proposed public noticing approaches.
ACTION: On a motion by Commissioner Adamkewicz, seconded by Commissioner Kramer to approve the Zoning Text Amendments with the verbal amendments as stated above (Corridor Mixed Use District, Parking, Housing Element Implementation and Other Zoning Code Updates) Motion Passes 5-0-0 (5 Ayes, 0 Noes, 0 Recusal)
8. OTHER BUSINESS AND UPDATES
Director de Melo gave a brief update on upcoming Planning Commission meetings and the associated agendas that are anticipated through December of this year. Director de Melo also informed the Commission that an appeal was filed regarding the 580 Masonic residential development project.
9. ADJOURNMENT 9:11 PM
Approved by:
Carlos de Melo, Community Development Director
_________________________
453
CMU Height Analysis Summary Memo City of Belmont | 1
MEMO
To: Stephanie Bertollo-Davis, City of Belmont
From: Lisa Wise Consulting, Inc. (LWC)
Date: September 5, 2025
Subject: Corridor Mixed Use District Height Analysis Summary Memo This memo summarizes the 2024 public discussions, analysis, recommendations, and amendments related to the Belmont Zoning Ordinance regulations for the Corridor Mixed Use (CMU) District. The efforts were initially initiated to implement the Housing Element and recent State law, and expanded to address economic development and community concerns about building massing. A key consideration among these topics was a proposed increase to the height limit within the CMU district.
Background
On January 16, 2024, the Belmont Planning Commission considered an increase in the existing building height in the CMU district of 45 feet, with projects with community benefits approved by City Council allowing a height of up to 55 feet. Some Commissioners expressed concerns about the number of floors that may be achieved under an increased height, as well as community expectations about building height in the CMU District based on previous communitywide discussions. Others favored policies that would maximize affordable housing. At that time, several Commissioners expressed an interest in additional study of the CMU District height, including consideration of sufficient height for active ground floor uses and detailed design standards.
On January 23, 2024, the City Council considered an increase in floor area ratio (FAR) and height in the CMU district.
The increase in FAR was included in the Housing Element and necessary for implementation, but the increase in height was not. At that meeting, Council approved an increase in FAR from 1.75 (2.2 with Community Benefits) to 2.0 (2.5 with Community Benefits) but directed a more detailed look into the implications of a height increase. In response, Staff retained the services of Lisa Wise Consulting, Inc. (LWC), a consulting firm that specializes in zoning code amendments and modeling, to assist in conducting the detailed analysis and preparing other needed text amendments, including consolidation of parking requirements and other updates to implement State law and the Housing Element. 454
2 | City of Belmont CMU Height Analysis Summary Memo
On July 23, 2024, the City Council reviewed progress and provided direction on these items. Below is a summary of the detailed analysis and findings about height in the CMU district.
Corridor Mixed Use (CMU) Height Analysis
For the analysis, LWC tested various building scenarios on the following hypothetical site to assist the Council and community in understanding how residential, office and hotel uses may develop in the CMU District:
For the series of development scenarios, LWC used a market-based assumption of a 16-foot ground floor commercial height. This reflects a strong priority from the City Council and community to facilitate ground floor commercial uses.
The floor heights of the upper floors, however, vary to reflect a range of land uses, construction methods, and market preferences. Both factors impact the overall height of the building and stories within any given height limit. 455
CMU Height Analysis Summary Memo City of Belmont | 3
Residential Mixed-use Scenario
The residential mixed-use scenario above shows that the current base height of 45 feet presents challenges for developing new projects with active ground floor uses and is likely a constraint on redevelopment of underperforming sites. For residential uses, the 45-foot height limit with 16-foot ground floor height would force the upper floors to be very constrained (under 10 feet floor-to-floor), which may not meet the expectations of the market for new units.
Office Mixed-use Scenario
For office mixed-use projects, taller ceiling heights on the upper floors for office uses are typically necessary in the market. The diagram demonstrates that a 45-foot height limit would limit a project to only three stories with a 16-foot ground floor height. Given the costs of development, three story office buildings are not likely to be viable and may be seen as an under-utilization of the property.
456
4 | City of Belmont CMU Height Analysis Summary Memo
Hotel Scenarios
Hotel developments, which are beneficial to cities due to the associated direct tax revenues from Transient Occupancy Tax (TOT), property tax, and sales (food/beverage and retail sales tax), have different spatial and height requirements from residential and office mixed-use development. The analysis considered the programmatic needs of hotels, as well as typical massing and building sections of nearby hotels and recent hotel proposals, including the 4- and 5-story hotels on Shoreway Road. Looking at a potential development scenario on the hypothetical test site, the team found that by limiting the allowed building envelope to two levels of upper-story hotel rooms, the existing building height limit is likely a limiting factor to attracting hotel uses.
Findings and Recommendations
In light of the analysis summarized above, Staff made the following recommendations to Council at the July 23, 2024 meeting:
457
CMU Height Analysis Summary Memo City of Belmont | 5
Increase the base building height limit from 45 to 50 feet Increasing the height to 50 feet would allow some flexibility in the ceiling heights for the upper floors but would not ultimately allow an additional floor of residential. This increase would facilitate inclusion of viable retail space on ground floors and provide for more architectural variety. As the Planning Commission and City Council are aware, State Density Bonus law is the primary way residential projects exceed the City’s base development standards. Therefore, staff does not anticipate community benefits playing a meaningful role in future residential projects; to exceed the base building height limit, applicants will use Density Bonus instead.
Allow up to 60 feet for projects with Community Benefits The scenario for office over retail shows that increasing the height limit to 50 feet would comfortably allow three stories of office above a generous ground floor retail story. It also shows that a 60-foot height limit would allow four stories of office above a generous ground floor retail story. Staff recommended establishing a 60-foot height limit for projects with community benefits to allow flexibility for future office/commercial projects that might bring significant benefits to the City. This is lower than the 65 feet height proposed by staff in January 2024 because the scenarios show that a total of five stories can be achieved in 60 feet with a 16-foot ground floor height.
In this scenario, the 2.25 FAR limit with Community Benefits would be the limiting factor to the overall size of development, so projects may not reach the 60-foot limit. However, the taller height limit allows more flexibility for creative and high-quality architecture and site planning.
Community benefits are expected to be a critical part of commercial development. Since community benefits require approval by City Council, an increase in height can be evaluated on a case-by-case basis, balancing the benefits to the community with any concerns. As a reminder, non-residential projects are not subject to the same State mandates that apply to housing projects, so a detailed discretionary review is permissible. 458
6 | City of Belmont CMU Height Analysis Summary Memo
Establish separate development standards for hotels
To incentivize hotel development, staff proposed separate development standards specifically for hotels to incentivize development. Based on the consultant/staff analysis and local property owner discussions about feasibility, staff recommended hotel development standards be set at a 2.5 FAR with a 65-foot height limit and no requirement to apply for the community benefit bonus. These standards would make it more feasible to achieve the requirements for architectural style and amenities that are required by some national brand hotels while acknowledging the economic benefit hotels provide. Staff further recommended removing the requirement for a Conditional Use Permit, making hotels a permitted use in the CMU District.
Summary of Recommendations
In summary, on July 23, 2024, staff proposed the following changes to the development standards in the CMU District:
• Increase the base height from 45 to 50 feet to encourage ground floor commercial uses and make four story office development more feasible.
• Increase the community benefits height from 55 to 60 feet so that commercial projects have an approval pathway via the City Council if the community benefits outweigh potential impacts. • Establish unique development standards for hotels of 2.5 FAR and 65 feet height to provide an incentive for this fiscally positive land use.
459
CMU Height Analysis Summary Memo City of Belmont | 7
Projects and Comparisons for Reference
460
Attachment E
Lisa Wise Consultants Alternative Scenario Graphics
November 12, 2025
1 GP Land Use: CMU
Zone: CMU
Frontage: El Camino Real
Rear: abuts R1B zone
Interior Sides: both abut CMU zone
Topography: Flat
Lot Width: 150 ft
Lot Depth: 125 ft
Area: 18,750 (0.43 ac.)
Hypothetical CMU Test Site
CMU
CMU
R1B
CMU
Test Site
FAR: 2.43
Height: 56’0” - 62’0”
Open Space: 12% of site
Spaces: 63
Hotel
108 rooms
300 sq ft avg. room size
0.58 spaces/room
Hotel – Version from Planning
Commission Meeting
1 2
461
2 FAR: 2.43 2.08 (does not approach max FAR)
Height: 56’0” - 62’0”
Open Space: 12% 15% of site
Spaces: 63
Hotel
108 95 rooms (12% reduction)
300 sq ft avg. room size
0.58 0.65 spaces/room
Hotel – Planning Commission Recommendation
15’ setback & two 5’ stepbacks
FAR: 2.43 2.20 (closer to FAR)
Height: 56’0” - 62’0”
Open Space: 12% 23% of site
Spaces: 63
Hotel
108 99 rooms (8% reduction from initial scenario)
300 sq ft avg. room size
0.58 0.63 spaces/room
Hotel – Staff Alternative Recommendation
10’ setback & 5’ stepback
3 4
462
3 Example of
CMU District
adjacent to
residential
El Camino
Real and
Anita Avenue
* Just an example, not a proposed project
Examplepotential
future
development
site abutting
R-1 District
* Just an example, not a
proposed project
5 6
463
4 El Camino
Real and
Anita Avenue
Red line
shows where
the section is
drawn from
Example -
potential
future
development
site abutting
R-1 District
Staff
alternative:
10’ setback
5’ stepback
* Just an example, not a proposed project
7 8
464
465