Belmont Zoning Code

SECTION 1 - GENERAL

• 1.1 PURPOSE - The following regulations for the zoning of land within the City are hereby adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and to provide a precise guide for the physical development of the City.

• 1.2 REFERENCE - This Ordinance shall be known and may be cited as the "Belmont Zoning Ordinance."

• 1.3 INTERPRETATION - In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. No provision of this Ordinance is intended to repeal, abrogate, annul, impair or interfere with any existing ordinance of the City of Belmont except as is specifically repealed here, or to abrogate, annul, impair or interfere with any deed restriction, covenant, easement or other agreement between parties, provided that where this Ordinance imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open spaces about structures or greater areas or dimensions of sites, than is imposed or required by an existing ordinance, deed restriction, covenant, easement or other agreement, this Ordinance shall control.

• 1.4 APPLICATION - This Ordinance shall apply to all property except public streets and waterways, railroad rights-of-way, and public utility poles, lines and underground facilities for primary distribution systems within the incorporated limits of the City.

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SECTION 2 – DEFINITIONS

Editor’s note: current through Ordinance 2025-1192

• 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 – Means 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 flood 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 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.

1 Amended by Ord. 999, 05/27/04; Ord. 2017-1118, §1, 5/23/2017

2 Amended by Ord. 2025-1192, §2, 12/9/2025; added by Ord. 2017-1124, §1, 11/28/2017

3 Added by Ord. 2017-1124, §2, 11/28/2017

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• 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 cross-section.[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]

• 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.

• 2.10a 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.

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

• 9 Amended by Ord. 2014-1079, §1, 8/26/2014

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• 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 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.

10 Amended by Ord. 474, 06/28/71; Ord. 2017-1124, §5, 11/28/2017

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

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• 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.

• 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.

• 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

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

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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, quick-printing 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.[21]

• 2.34 CARPORT - A structure to house or protect motor vehicles which are owned or operated by the occupants of the lot.[22]

• 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.

19 Added by Ord. 2017-1124, §9, 11/28/2017

20 Added by Ord. 2017-1124, §10, 11/28/2017

21 Amended by Ord. 2025-1192, §3, 12/9/2025

22 Amended by Ord. 2017-1118, §3, 5/23/2017

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• 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.[23]

• 2.43 COMPREHENSIVE GENERAL PLAN - The Comprehensive General Plan for the City officially adopted by the Council as such.

• 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.[24]

• 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 Facility)[25]

• 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).

23 Added by Ord. 2017-1124, §11, 11/28/2017

24 Amended by Ord. 2018-1131, §4, 4/24/2018

25 Amended by Ord, 2025-1192, §4, 12/9/2025

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• 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.[26]

• 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[.27 ]

• 2.48.3 DENSITY TRANSFER - The permanent transfer of residential units in the HRO-2 Zoning District from one group of lots to another noncontiguous site along the same roadway and within the same statistical sub-area as shown on the San Juan Hills Area Plan.[28]

• 2.48.4 DAY CARE CENTER. Establishments providing non-medical care for persons on a lessthan-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.[29]

• 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.

26 Added by Ord. 2016-1100, §2, 2/23/2016

27 Added by Ord. 2016-1100, §3, 2/23/2016

28 Amended by Ord. 2025-1192 §5, 12/9/2025; Renumbered by Ord. 2016-1100, §4, 2/23/2016

29 Amended by Ord. 2025-1192, §6, 12/9/2025; Added by Ord. 2017-1124, §12, 11/28/2017

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• 2.54 DWELLING, MULTIPLE-FAMILY - A building, or portion thereof, containing three or more dwelling units.[30]

• 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.[31]

• 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 associated uses such as low barrier navigation centers, emergency bridge housing communities, and respite/recuperative care.[32]

• 2.57.2 ENTRY LEVEL - The lowest entry to the habitable portions of the home, not including areas dedicated solely to crawl space, unfinished storage and garage.[33]

• 2.58 EXECUTIVE - Pertaining to the management and administration of business enterprises.

• 2.59 FAMILY - 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 unit.[34]

• 2.59.1 FARMWORKER HOUSING - Employee housing as set forth in California Health and Safety Code § 17008 for farmworkers.[35]

• 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 are not counted as gross 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

30 Amended by Ord. 2020-1148, §21, 6/23/2020

31 Amended by Ord. 999, 05/27/04 32 Added by Ord. 2025-1192, §8, 12/9/2025

33 Renumbered by Ord. 2025-1192, §7, 12/9/2025; Amended by Ord. 2016-1100, §5, 2/23/2016

34 Amended by Ord. 2025-1192, §9, 12/9/2025; Amended by Ord. 422, 06/23/69; Ord. 2014-1079, §2, 8/26/2014

35 Added by Ord. 2025-1192, §10, 12/9/2025

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sidewalk level, or parking structures that are interior to a commercial, residential, or mixeduse building.[36]

• 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.[37]

• 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.[38 ]

• 2.65 GRADE ESTABLISHED - The curb line grade at the lot lines established by the City Engineer, or otherwise established by law.

• 2.66 DELETED[39]

• 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.[40]

• 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 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.[41]

• 2.68.1 The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

36 Amended by Ord. 2025-1192, §11, 12/9/2025; Amended by Ord. 999, 05/27/04; Ord. 2016-1100, §6, 2/23/2016; Ord. 2017-1124, §13, 11/28/2017

37 Amended by Ord. 619, 03/13/78

38 Amended by Ord.621, 03/27/78

39 Deleted by Ord. 999, 05/27/04

40 Amended by Ord. 621, 03/27/78; Ord. 756, 12/12/86

41 Amended by Ord. 868, 02/10/93

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• 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.[42]

• 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.[43]

• 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.[44]

• 2.68.6 An additional on-site parking space will be provided for any employee.[45]

• 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.[46 ]

• 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, 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

42 Amended by Ord. 868, 02/10/93

43 Amended by Ord. 868, 02/10/93

44 Amended by Ord. 820, 10/26/89

45 Amended by Ord. 820, 10/26/89

46 Amended by Ord. 820, 10/26/89

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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.[47]

• 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.[48]

• 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.

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 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.[49]

==> picture [136 x 160] intentionally omitted <==

• 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.

47 Amended by Ord. 829, 9/12/90

48 Amended by Ord. 2017-1124, §14, 11/28/2017

49 Amended by Ord. 2017-1124, §15, 11/28/2017

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• 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.

• 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.[50]

• 2.78.1 LOT DEPTH, AVERAGE – The sum of the length of the two sidelines of the lot divided by two.[51]

• 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 LOTS SLOPE, AVERAGE – The average slope of a vacant lot shall be calculated using the following formula:[52]

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 along the longest line within the lot boundaries which lies perpendicular to ground contours.

50 Amended by Ord. 2016-1100, §7, 2/23/2016

51 Amended by Ord. 2016-1100, §8, 2/23/2016

52 Amended by Ord. 820, 10/26/89

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• 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.[53]

• 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.[54]

• 2.85.2 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.[55]

• 2.85.3 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.[56]

• 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 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.

53 Amended by Ord. 2016-1100, §9, 2/23/2016

54 Added by Ord. 2025-1192, §14, 12/9/2025

55 Renumbered by Ord. 2025-1192, §13, 12/9/2025; Added by Ord. 2017-1124, §16, 11/28/2017

56 Renumbered by Ord. 2025-1192, §12, 12/9/2025; Added by Ord. 2017-1124, §17, 11/28/2017

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• 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 “Residential Care Facility.”[57]

• 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.[58]

• 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 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.[59]

• 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.[60][61]

57 Amended by Ord. 2025-1192, §15, 12/9/2025; Amended by Ord. 2014-1079, §3, 8/26/2014

58 Added by Ord. 2017-1124, §18, 11/28/2017

59 Added by Ord. 2025-1192, §18, 12/9/2025

60 Added by Ord. 2017-1124, §19, 11/28/2017

61 Renumbered by Ord. 2025-1192, §16, 12/9/2025; Amended by Ord. 2019-1141, §3, 5/28/2019

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• 2.96.3 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.[62][63]

• 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.[64]

==> picture [170 x 101] intentionally omitted <==

• 2.97.2 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.[65 ]

• 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.[66]

• 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

62 Added by Ord. 2017-1124, §20, 11/28/2017

63 Renumbered by Ord. 2025-1192, §17, 12/9/2025; Amended by Ord. 2019-1141, §4, 5/28/2019

64 Added by Ord. 2016-1100, §26 2/23/2016;

65 Renumbered by Ord. 2025-1192, §19, 12/9/2025; Added by Ord. 2016-1100, §10, 2/23/2016

66 Amended by Ord. 2016-1100, §11, 02/23/2016

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of product manufacturing. It may include assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities. A typical Research and Development facility has 20% to 50% of the floor area dedicated to the laboratory use..[67]

• 2.100.2 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.[68]

• 2.100.3 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.[69]

• 2.100.4 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.[70]

• 2.100.5 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.[71]

• 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 Facility).[72]

• 2.103 ROOF LEVEL - The elevation of the topmost point of the roof.

67 Added by Ord. 2017-1124, §21, 11/28/2017; amended by Ord. 2023-1171 §2, 5/9/2023

68 Renumbered by Ord. 2025-1192, §20, 12/9/2025; Amended by Ord. 2014-1079, §4, 08/26/2014; renumbered by Ord. 2016-1100, §12, 2/23/2016

69 Renumbered by Ord. 2025-1192, §20, 12/9/2025; Amended by Ord. 2014-1079, §5, 8/26/2014; renumbered by Ord. 2016-1100, §13, 2/23/2016

70 Renumbered by Ord. 2025-1192, §20, 12/9/2025; Added by Ord. 2016-1100, §14, 2/23/2016

71 Renumbered by Ord. 2025-1192, §20, 12/9/2025; Amended by Ord. 2014-1079, §6, 8/26/2014; renumbered and amended by Ord. 2016- 1100, §15, 2/23/2016

72 Amended by Ord. 2025-1192, §21, 12/9/2025

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• 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.[73]

• 2.104.2 SECOND STORY STEPBACK – An identified setback for second story exterior building walls as measured from the lower story exterior building walls.[74]

• 2.104.3 SECONDARY DWELLING UNIT - A secondary dwelling unit is an accessory dwelling unit as defined in Section 24.[75]

• 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.[76]

• 2.105.2 SIGNAL 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.[77]

• 2.105.3 SOCIAL 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.[78]

• 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.

• 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

73 Amended by Ord. 470, 6/14/71; renumbered by Ord. 2016-1100, §16, 2/23/2016

74 Added by Ord. 2016-1100, §18, 2/23/2016

75 Amended by Ord. 2016-1100, §17, 2/23/2016; Ord.2017-1118, §4, 5/23/2017

76 Added by Ord. 2025-1192, §22, 12/9/2025

77 Renumbered by Ord. 2025-1192, §23, 12/9/2025; Amended by Ord. 759, 01/13/87; renumbered by Ord. 2017-1124, §22, 11/28/2017

78 Renumbered by Ord. 2025-1192, §23, 12/9/2025; Added by Ord. 2017-1124, §23, 11/28/2017

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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.

• 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 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

City of Belmont Zoning Ordinance 2-18

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.[79]

• 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 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 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.[80]

• 2.122.2 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 heavy equipment, usually where loading, storage or maintenance facilities are located.[81]

• 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.[82]

• 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.[83]

• 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.[84]

• 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

79 Renumbered by Ord. 2025-1192, §24, 12/9/2025; Amended by Ord. 2014-1079, §7, 8/26/2014

80 Renumbered by Ord. 2025-1192, §25, 12/9/2025; Amended by Ord. 2014-1079, §8, 8/26/2014

81 Renumbered by Ord. 2025-1192, §25, 12/9/2025; Amended by Ord. 2014-1079, §9, 8/26/2014

82 Amended by Ord. 2017-1124, §24, 11/28/2017

83 Amended by Ord. 470, 06/14/71, Ord. 781, 12/10/87; renumbered by Ord. 2017-1124, §25, 11/28/2017

84 Amended by Ord. 2017-1124, §26, 11/28/2017

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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 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.

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SECTION 3 - ZONING DISTRICTS ESTABLISHED

Editor’s note: current through Ordinance 2023-1175

• 3.1[1] CLASSES OF DISTRICTS - For the purpose of this Ordinance, the City is divided into the following classes of districts as shown on the maps hereinafter included by reference:

Single Family Residential, or R-1E, R-1H, R-1A, R-1B and R-1C Districts Duplex Residential, or R-2 Districts Multi-family Residential, or R-3, R-4 and R-5 Districts Hillside Residential and Open Space, or HRO-1, HRO-2, and HRO-3 Districts Neighborhood Commercial, or C-1 Districts General Commercial, or C-2 Districts Regional Commercial, or RC District Service Commercial, or C-4 Districts Mixed Use District, Corridor Mixed Use, or CMU District Executive Administrative, or E-1, E-2.1 and E-2.2 Districts Harbor Industrial Area, or HIA-1, and HIA-2 Districts Limited Industrial, or M Districts Exclusive Manufacturing, or M.E. Districts Special Combining Districts: Special Building Site Combining District S-1 Emergency Shelter Combining District S-2 Cannabis Retail and Distribution Overlay District S-3 Schools and Compatible Multiple Uses, or SC Districts Open Space Public, or OS-P Districts Public and Semi-Public, or PS District Village Core, or VC District Village Station Core, or VSC District Village Corridor Mixed Use, or VCMU District Village High Density Residential, or VHDR District Public Facility, or PF District Park/Plaza, or PP District Active Use Frontage Overlay, or AUFO Overlay

-3 Schools and Compatible Multiple Uses, or SC Districts Open Space Public, or OS-P Districts Public and Semi-Public, or PS District Village Core, or VC District Village Station Core, or VSC District Village Corridor Mixed Use, or VCMU District Village High Density Residential, or VHDR District Public Facility, or PF District Park/Plaza, or PP District Active Use Frontage Overlay, or AUFO Overlay

3.2[2] BOUNDARIES OF DISTRICTS. The location and boundaries of the zoning districts are shown on the map entitled “Zoning Basemap” adopted and periodically updated by an ordinance of the City Council. The Office of the Zoning Administrator shall maintain one or more official copies of the Zoning Basemap on file for public review. The Zoning Administrator may amend cartographic features of the Zoning Basemap that do not alter the zoning classifications or boundaries of zoning districts, and shall annotate the map to note the date of such cartographic revisions.

3.3 INTERPRETATION OF DISTRICT BOUNDARIES - Wherever any uncertainty exists as to the boundary of any district shown on any zoning map made a part hereof, the following rules shall apply:

1 Amended by Ord. 497, 1/23/73; Ord. 559, 4/28/75; Ord. 620, 4/27/78; Ord. 808, 4/11/89; Ord. 1079, §10, 8/26/2014; Ord. 2017-1124, §27, 11/28/2017; Ord. 2017-1125, §1, 11/28/2017; Ord. 2023-1173, §2, 11/14/2023

2 Amended by Ord. 2018-1129, §2, 3/27/2018

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• 3.3.1 Where any such boundary line is indicated as following a street, alley, public way, waterway, or railroad right-of-way, it shall be construed as following the center line thereof.

• 3.3.2 Where boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boundary line.

• 3.3.3 Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be as indicated upon the Zoning Map.

• 3.4 CONFORMITY REQUIRED - Except as otherwise provided herein, land, buildings and premises in any district shall hereafter be used only in accordance with the regulations herein established for that district. No building shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, proportion of coverage, or smaller yards, or open space about it than permissible under the limitations set forth herein for the district in which such building is located. No yard, open space, or off-street parking space, or loading space existing or provided hereafter about any building shall be reduced below the minimum requirements hereinafter set forth for such open space, parking space, or loading space existing or hereafter provided for a building or use, and necessary to meet or partially meet the requirements of this Ordinance shall be considered as all or part of the yard, open space, off-street parking space, or loading space required for any other building or upon any other lot; except as provided in Section 8.2 for the joint or collective use of parking space. No lot held under one ownership at the effective date of this Ordinance shall be reduced in dimension or area in relation to any building thereon so as to be smaller than required by this Ordinance; and if already less, the dimension or area of such lot shall not be further reduced.

• 3.5 ANNEXED TERRITORY - The City may pre-zone unincorporated territory adjoining the City for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City. The method of accomplishing such pre-zoning shall be as provided by Section 16 of this Ordinance for zoning within the City. Action to pre-zone may be by initiation of the Planning Commission, the City Council or by application of the owner of the property. Such zoning shall become effective at the same time that the annexation becomes effective.[3]

If any land or territory is not pre-zoned as provided for herein, then that land or territory upon annexation to the City shall be shown on the Zoning Map to be in Agricultural District (A) and shall thereupon be subject to all zoning regulations applicable to said district.

• 3.6 VIOLATIONS AND INFRACTION[4]

• 3.6.1 Infraction. Whenever in this section any action is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required of the failure to do any act is declared unlawful, the violation of such provision of this section shall be an infraction where no specific penalty is provided therefor.

• 3.6.2 Punishment. A violation determined to be an infraction is punishable by (1) a fine not exceeding two hundred dollars ($200) for a first violation; and (2) a fine not exceeding four hundred dollars ($400) for a second violation for the same section within one year. Each additional violation of the same section within one year shall be considered a misdemeanor

3 Amended by Or. 416, 3/24/69

4 Added by Ord. 867, 12/24/92

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punishable by a fine not exceeding one thousand dollars ($1,000) and six (6) months in the county jail. Every day of any violation of this section shall constitute a separate offense.

• 3.7 ENFORCEMENT[5 ]

• 3.7.1 Public Nuisance. Any violation of this section shall constitute a public nuisance. In addition to any other remedies provided by this section, the City may abate and bring civil suit to enjoin or abate the violation.

• 3.7.2 Power of Citation. The Director of Planning and Community Development has the duty to enforce the provisions of this Ordinance. The Director of Planning and Community Development or his or her designee is hereby vested with the authority to cite any person who violates any of the provisions of this Ordinance.

• 3.7.3 Cumulative Remedies. The remedies provided in this section shall be cumulative and not exclusive.

5 Added by Ord. 867, 12/24/92

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SECTION 4 – RESIDENTIAL

Editor’s Note: Current through Ordinance 2025-1192

• 4.1 RESIDENTIAL DISTRICTS ESTABLISHED - Certain classes of districts, designated by the symbol "R" followed by a numeral, or a numeral and letter, and referred to collectively herein as Residential Districts or R Districts, are established to provide space in suitable locations for the various types of residential accommodations needed in the City, and to provide a means of regulating the density and distribution of the population in conformance with the purposes of the Comprehensive General Plan and this Ordinance.

• 4.2 REGULATIONS FOR SINGLE FAMILY RESIDENTIAL DISTRICT - R-1E, R-1H, R-1A, R-1B AND R-1C - The regulations in this Section shall apply to all land in the R-1E, R-1H, R-1A, R-1B, and R-1C Districts referred to collectively hereinafter as the R-1 Districts, and shall be subject to all the general provisions and regulations of this Ordinance.[1]

• 4.2.1[2] PERMITTED USES

  • (a) Single 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.[3]

  • (c) Crop and tree farms and gardens.

  • (d) Accessory building structures and uses located on sites zoned for single family residences clearly related to the on-site single family residence. See section 9.5.4 for general regulations applicable to accessory buildings. Permitted accessory buildings, structures, and uses include the following, but are not limited to:

Accessory Buildings

• (1) Garages and carports. (See Section 9.5.4(a).)

• (2) Greenhouses.

• (3) Storage buildings.

• (4) Recreation rooms.

• (5) Hobby shops provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom.

• (6) Private swimming pools and spas

• (7) Garden structures (such as pergola, trellis, etc that require a building permit)

1 Amended by Ord. 646, 2/26/79 2 Amended by Ord. 2025-1192, §26, 12/9/2025

3 Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §5, 5/23/2017

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• (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.

  • (h) Temporary subdivision sales offices in accordance with the provisions of Section 9.5.2 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.

  • (j) Transitional and supportive housing located in single-family residences.

  • (k) Signs as regulated in Section 4.2.8 herein.

  • (l) Television antennas provided that all such antennas shall be attached to the residence structure.

• 4.2.2[4] CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:

  • (a) Public parks and playgrounds and other public recreation facilities.

  • (b) Golf course, public or private.

  • (c) Public, parochial and private elementary schools and high schools.

  • (d) Kindergartens, nursery schools and day-care centers.

  • (e) Private, non-profit schools and colleges not including business, professional or trade schools and colleges.

  • (f) Churches, parish houses, monasteries, convents and other religious institutions.

  • (g) Mobile home park.

  • (h) Public and private philanthropic institutions.

  • (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.

4 Amended by Ord. 2025-1192, §27, 12/9/2025; Amended by Ord. 716, 12/13/83; Ord. 999, 5/27/04; Ord. 2014-1079, §11, 8/26/2014; Ord. 2017-1118 §6, 5/9/2017; Ord. 2018-1131, §5, 4/24/2018

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• (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.[5]

TABLE 1 – SLOPE/DENSITY

R-1A DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS

5 Amended by Ord. 646, 2/26/79; Ord. 1019, 9/26/06

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TABLE 2 – SLOPE/DENSITY

R-1B DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS

TABLE 3 – SLOPE/DENSITY

R-1C DENSITY AND MINIMUM LOT SIZE STANDARDS – NEW SUBDIVISIONS

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• (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)[6]

• (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.[7]

  • (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:

6 Amended by Ord. 1019, 9/29/06 7 Amended by Ord. 820, 10/26/89; Ord. 2016-1113, §1, 12/13/2016; Ord. 2017-1118, §7, 5/23/2017

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TABLE 4 –SLOPE/ INTENSITY

• (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

• (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 feet.[8]

• (f) NUMBER - Not more than one building designed or used as a single family dwelling, and not more than one accessory dwelling unit, as defined herein, shall occupy a lot.[9]

8 Amended by Ord. 2025-1192, §28, 12/9/2025; Amended by Ord. 2017-1118, §7, 5/23/2017.

9 Amended by Ord. 2017-1118, §7, 5/23/2017.

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• (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 Section 4.2.6 Table 6 – Setbacks For Larger Residence.

• 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 8.2.4.[10]

• 4.2.5 SIDE YARD[11]

  • (a) For a single 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 single family dwelling, the minimum width of such side yard shall be not less than one-half the height of the building, but in no case less than 15 feet.

  • (c) Except as provided in Section 24, no accessory building 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;

10 Amended by Ord. 2025-1192, §29, 12/9/2025; Amended by Ord. 2016-1100, §19 2/23/2016

11 Amended by Ord. 2025-1192, §30, 12/9/2025; Amended by Ord. 2017-1118, §8, 5/23/2017

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Accessory buildings and accessory structures (i.e. garages and storage sheds) may be built to within five feet of any rear lot line in all Single Family Residential (R-1) Districts.[12]

TABLE 6 - SETBACKS FOR LARGER RESIDENCES[13]

Notes: 1. Applies to 40 foot right-of-way.

2. Applies to 50 foot right-of-way.

• 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.[14]

• 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).[15]

• 4.2.10 DESIGN REVIEW[16] - All new construction and exterior modifications are subject to design review under Section 13A.

• 4.2.11 EXCEPTIONS TO SINGLE FAMILY FLOOR AREA STANDARDS[17][18]

  • (a) PURPOSE. Exceptions to single family floor area standards may be granted when lot size and site conditions can appropriately support larger homes, or to assist in providing required off-street garage parking.

  • (b) PLANNING COMMISSION REVIEW.

    • (1) Public Hearing. Applications for exceptions to floor area standards, except administrative exceptions, shall be considered by the Planning Commission after holding a public hearing noticed in the manner set forth in Section 10.1.3.

12 Amended by Ord. 2017-1118, §9, 5/23/2017

13 Amended by Ord. 2025-1192, §31, 12/9/2025; Amended by Ord. 2016-1113, §1, 12/13/2016

14 Amended by Ord. 2025-1192, §28, 12/9/2025; Amended by Ord. 2017-1118, §10, 5/23/2017

15 Amended by Ord. 2016-1100, §20, 2/23/2016

16 Amended by Ord. 2020-1148, §8, 6/23/2020

17 Amended by Ord. 2016-1113, §2, 12/13/2016; Ord. 2018-1131, §6, 4/24/2018

18 Amended by Ord. 2025-1192, §32, 12/9/2025; Amended by Ord. 2020-1148, §7, 6/23/2020

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• (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:

    • (i) Where the view originates (which room or amenity area);

    • (ii) The relative value of other views that occur on site;

    • (iii) The quality of the natural feature or landmark in the view;

    • (iv) How much of the view is obstructed.

  • (B) Privacy. A substantial adverse privacy impact may be determined based on:

    • (i) Setbacks/Additional Setbacks;

    • (ii) Topography;

    • (iii) Window design;

    • (iv) Window to window alignment;

    • (v) Vegetation;

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(vi) Location of decks, balconies, pools, and other amenity areas;

        - (vii)  Buffer strips and fencing; 

        - (viii)  Location of parking and access ways; 

        - (ix)  Location of entries and paths of travel; 

        - (x)  Lighting. 

  - (4)  Standard for Review of Building/Addition Location. As much as practical, the resulting new construction would be located to avoid or reduce bulk, privacy and private view impacts to adjacent properties. 

• (c) ADMINISTRATIVE EXCEPTIONS. The Zoning Administrator may administratively approve exceptions to floor area standards for single family homes in Table 4 – Slope\Intensity on lots 5,000 square feet or greater for the following types of projects after making the findings listed under Section 4.2.11(b)(2)(A) – (C).

  • (1) Garage additions. Garage additions that meet all of the following:

    • (A) The addition is 450 sq. ft. or less.

    • (B) There is no garage or a less than conforming two-car garage on site.

    • (C) The resulting home would not be larger than the maximum permitted home size allowed within the applicable R-1 zoning district under Table 5 – Lot Size/Intensity.

  • (2) Interior Additions. Interior additions that meet all of the following:

    • (A) The home was built before the effective date of the ordinance adopting this subsection.

    • (B) All added floor area will be located entirely within the confines of the exterior walls of the main structure, and will not result in the moving, extending, or addition of any exterior walls.

• (C) The resulting home would not be larger than the maximum permitted home size allowed within the applicable R-1 zoning under Table 5 – Lot Size/Intensity.

     - (D) No floor area exception for the dwelling for an interior addition has previously been approved and built on the subject property. 
  

• 4.2.12 NEW CONSTRUCTION[19] - New homes and additions must comply with the Residential Design Criteria if the new construction:[20]

19 Amended by Ord. 2020-1148, §6, 6/23/2020

20 Added by Ord. 2017-1100, §21, 2/23/2016

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• (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.

• (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.[22]

• (c) Two family dwellings or duplex structures.

• (d) Accessory buildings, structures and uses located on sites zoned for single family or duplex dwellings and for which the use is clearly related to the on-site 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.

• (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.

21 Amended by Ord. 2025-1192, §33, 12/9/2025; Amended by Ord. 2020-1148, §9, 6/23/2020

22 Amended by Ord. 2017-1118, §11, 5/23/2017

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(j)

• (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:[23]

  • (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.[24]

  • (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.[25]

• 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.[26]

• 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.[27]

• 4.3.6 SIGNS - The regulations set forth in Section 4.2.8 herein for R-1 Districts shall apply in R-2 Districts.

• 4.3.7 FENCES, WALLS AND HEDGES - The regulations set forth in Section 4.2.9 herein for R-1 Districts shall apply in R-2 Districts.

• 4.3.8 DESIGN REVIEW[28] - All new construction and exterior modifications are subject to design review under Section 13A.

23 Amended by Ord. 2018-1131, §7, 4/24/2018

24 Amended by Ord.1118, 5/23/17

25 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §12, 5/23/2017

26 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §13, 5/23/2017

27 Added by Ord. 831, 10/11/90; Amended by Ord. 999, 5/27/04; Ord. 2017-1118, §14, 5/23/2017

28 Added by Ord. 2020-1148, §10, 6/23/2020

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• 4.4 REGULATIONS FOR MULTI-FAMILY RESIDENTIAL DISTRICTS - R-3, (GARDEN APARTMENTS) - The regulations in this Section shall apply to all land in the R-3 Districts and shall be subject to all the general provisions and regulations of this Ordinance.

• 4.4.1 PERMITTED USES[29]

  • (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.

  • (e) Farmworker housing.

  • (f) Single-family row dwellings.

  • (g) Accessory uses which are necessary to multi-family dwellings and single-family row dwellings.

  • (h) Accessory Dwelling Units

• 4.4.2 CONDITIONAL USES[30] - 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.

• 4.4.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS[31]

  • (a) LOT AREA

    1. Every building hereafter erected or structurally altered as a multiple family dwelling, apartment or row dwelling structure containing more than two dwelling units in the R 3 Districts shall provide a lot area per dwelling unit of not less than 1,950 square feet plus 250 square feet for each bedroom in such unit, and no such use shall be established on a site less than 6,000 square feet in area, provided however that:

29 Amended by Ord. 2025-1192, §34, 12/9/2025; Amended by Ord. 2020-1148, §11, 6/23/2020

30 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

31 Amended by Ord. 2025-1192, §35, 12/9/2025; Amended by Ord. 502, 2/22/73; Amended by Ord. 850, 10/24/91; Amended by Ord. 2020-1148, §13, 6/23/2020

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2. 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.

   • (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.

• 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 multiple- family dwelling structures of more than two stories in height, the minimum required side yards shall be increased two feet in width for each additional story or fraction thereof, but in no case shall a side yard of more than 25 feet be required.

    • (3) On a site improved with a non-residential building, exclusive of residential accessory buildings, there shall be a side yard of not less than 10 feet on each side of the

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

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principal structure. Additional side yard area may be required as a part of the conditions of a Conditional Use Permit.

• (c) REAR YARD - The minimum rear yard shall be not less than 15 feet, for habitable portions of a principal building, and not less than 10 feet for all non-habitable structures or portions of the principal building. For buildings more than three stories in height the minimum rear yard shall be increase two feet for each additional story or fraction thereof, but in no case shall a rear yard of more than 25 feet be required. All required rear yards shall be unobstructed from ground level to the sky, except as otherwise provided in this Section.

• 4.4.5 OPEN SPACE REQUIREMENTS

  • (a) Not less than 300 square feet of open lot area, exclusive of any required vehicular driveways, shall be provided for each dwelling unit on the ground floor and at least 150 square feet of open lot area, exclusive of any required vehicular driveways, shall be provided for each dwelling unit above the first floor.

  • (b) The required open lot area for each ground floor dwelling unit shall be contiguous thereto, and shall have an average width of not less than 10 feet and an average length of not less than 20 feet. Such open lot area may include the required minimum yard areas set forth in this Section. Open roof decks, balconies, lanais or other open structural areas made a part of the building and improved for outdoor living, may be used to satisfy the open lot area requirements for each dwelling unit above the first floor, provided such open roof decks, balconies, lanais or other open structural areas contain a usable floor area of not less than 150 square feet for each dwelling unit.

  • (c) The proposed improvement of all required open lot area (garden patios) or roof decks, balconies, lanais or other structural areas intended for outdoor living shall be shown on plans submitted with applications for building permits, and upon the approval of such plans shall be considered a required part of the site and structure improvements.

• 4.4.6 DESIGN REVIEW[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.

• (a) Any use permitted in any R-3 Residential Districts, provided however that new construction on vacant R-4 project sites must contain the minimum density permitted in

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

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the district, inclusive of Accessory Dwelling Units that can be constructed without approval of a Variance to a development standard.

• (b) Accessory uses which are necessary to the above mentioned uses.

• 4.5.2 CONDITIONAL USES - The following uses are permitted only when authorized by a Conditional Use Permit:[36]

  • (a) Any Conditional Use permitted in the R-3 Multi-Family Residential Districts.

  • (b) Lodging, boarding or rooming houses as defined in this Ordinance.

  • (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.

  • (d) Fraternity and sorority houses.

  • (e) Hospitals and sanitariums, but not including animal hospitals.

• 4.5.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS[37]

  • (a) LOT AREA - The minimum lot area for multi-family dwellings is the greater of:

    • (1) 6,000 square feet, or

    • (2) 750 square feet for the first dwelling unit plus for each unit thereafter 1,450 square feet per unit and 125 square feet per bedroom.

  • (b) LOT AREA - CONDITIONAL USE - Minimum lot sizes for Conditional Uses shall be the same as prescribed in the R-3 District, Multiple-Family Dwelling.

  • (c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building site in this District shall not exceed 1.4.

  • (d) HEIGHT LIMITATION - No multi-family structure in any R-4 District shall have a height in excess of 50 feet, provided that in the case of structures having frontage on the down slope side of a street the maximum height may be measured from top of curb at midpoint of frontage of said lot.

Non-habitable building features such as chimneys (up to six feet in width), cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet.

36 Amended by Ord. 2025-1192, §36, 12/9/2025; Amended by Ord. 2018-1131, §9, 4/24/2018

37 Amended by Ord. 502, 2/22/73; Added by Ord. 850, 10/24/91; Amended by Ord. 2020-1148, §17, 6/23/2020

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• 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.[38 ]

• 4.5.6 DESIGN REVIEW All new construction and exterior modifications are subject to design review under Section 13.[39]

• 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.[40]

• 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:[41]

  • (a) Any use permitted as a Conditional Use in the R-4 Multi-Family Residential Districts.

  • (b) Apartment Hotels.

  • (c) Private clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership.

  • (d) Multi-family structures having a height in excess of 50 feet.

• 4.6.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS[42]

  • (a) LOT AREA – The minimum lot area for a multiple-family dwelling is the greater of:

  • (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.

38 Amended by Ord. 850, 10/24/91

39 Amended by Ord. 2020-1148, §18, 6/23/2020

40 Amended by Ord. 2017-1118, §17, 5/23/2017

41 Amended by Ord. 2018-1131, §10, 4/24/2018

42 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

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• (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, MultiFamily Dwelling.

(b) SIDE YARD

• 1. For one and two story multi-family dwellings, there shall be provided and maintained a side yard of not less than six feet on each side of the principal building. For multi-family dwelling structures of more than two stories in height, the side yard adjacent thereto shall be increased one foot in width for each additional story or fraction thereof, but in no case shall a side yard of more than 20 feet be required.
  • 2. For one and two story multiple-family dwellings on corner lots, there shall be maintained a minimum side yard of not less than 15 feet on the side adjacent to the street which intersects the street upon which the building maintains lot frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50 percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed 10 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than six feet to the side lot line of said adjacent lots. For multi-family dwelling structures of more than two stories in height, the minimum required side yards shall be increased one foot in width for each additional story or fraction thereof, but in no case shall a side yard of more than 20 feet be required.[43 ]

• (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

43 Amended by Ord. 481, 5/8/72

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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.[44]

• 4.6.6 DESIGN REVIEW - All new construction and exterior modifications are subject to design review under Section 13.[45]

• 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.[46]

• 4.7 HILLSIDE RESIDENTIAL AND OPEN SPACE (HRO) DISTRICTS (note: HRO-1 applies to unsubdivided, HRO-2 applies to subdivided).[47 ]

• 4.7.1 PURPOSE - The City Council finds and declares that certain areas of the City provide unique terrain features and add substantially to the character of the area, that the location and visibility of development therein will affect the visual quality of the environment, and that hillside development should preserve the natural terrain while providing a density of residential development compatible with the limitations of slope on the development site. The Council further finds that there are geologic and soils hazards in the area, steep slopes, and inadequate roadways making it necessary to reduce density in portions of the San Juan Hills Area to protect the public safety and to reduce significant and cumulative traffic impacts to the Ralston Avenue corridor. The objectives of this chapter's regulations are to encourage minimal grading and to reduce citizens' exposure to hazardous slopes by decreasing residential density as slope increases, to encourage clustering of homes and density transfer to reduce roadway and driveway grading, to regulate home size, and to encourage the voluntary merger of lots.

• 4.7.2 PERMITTED USES[48] - The following uses are permitted in the HRO-1, HRO-2 and HRO-3 Districts:

  • (a) Single-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 single-family residence for which the use is clearly related to single-family dwelling, including the following:[49]

    • 1. Garages and carports.

44 Amended by Ord. 850, 10/24/91

45 Amended by Ord. 2020-1148, §20, 6/23/2020 46

Amended by Ord. 2017-1118, §18, 5/23/2017

47 Amended by Ord. 808, 4/11/89; Ord. 848, 8/8/91

48 Amended by Ord. 2025-1192, §37, 12/9/2025

49 Amended by Ord. 2017-1118, §19, 5/23/2017

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  - 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.

• (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.

• (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.

• (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.

• (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.

50 Amended by Ord. 2025-1192, §38, 12/9/2025; Amended by Ord. 2017-1118, §20, 5/23/2017; Ord. 2018-1131, §11, 4/24/2018

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• (f) Public and private, nonprofit libraries and museums.

• (g) Public buildings and grounds when found by the Commission to be necessary for the public health, safety or welfare.

• (h) Public utility and public service structures or installations when found by the Commission to be necessary for the public health, safety or welfare.

• (i) Incidental and accessory structures and uses located on the same site with and necessary to the operation of a Conditional Use.

• (j) Clustered dwelling units in the HRO-1 and HRO-3 zones, and townhouses in the HRO-3 Zone.[51]

• (k) Density transfer of dwelling units in the HRO-2 Zone.

• (l) Floor area transfer in the HRO-2 Zone.

• (m) Mobile home parks.

• (n) Signs for conditional uses, which do not exceed 10 square feet in area, are not illuminated, and are wall mounted.

• 4.7.4[52] LOT DIMENSION STANDARDS FOR HRO-1, HRO-2, AND HRO-3 ZONES:

  • (a) Lot Width - The minimum average lot width shall be 60 feet.

  • (b) Lot Frontage - All lots shall have a minimum frontage of 40 feet.

  • (c) Lot dimension standards for individual townhouses in the HRO-3 zone shall be as established through the conditional use permit process.[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

(1) Front yard 18 feet. (2) Side and rear yards 7 feet.

51 Amended by Ord. 848, 8/8/91 52 Amended by Ord. 999, 5/27/04 53 Amended by Ord. 848, 8/8/91

54 Amended by Ord. 2017-1118, §21, 5/23/2017

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  - (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 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 1[58]

HRO DENSITY AND MINIMUM LOT SIZE STANDARDS

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

58 Amended by Ord. 979, 5/14/02

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• (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

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20,000 sq. ft. and larger. The maximum allowable floor area on all other lots shall be 3,500 sq. ft.

• (c) CLUSTERING OF SINGLE FAMILY RESIDENCES - The grouping of residences on smaller lots and in closer proximity than otherwise permitted may be allowed in the HRO-1 District upon the granting of a Conditional Use Permit in order to reduce grading, visual impact, and provide permanent open space.

  • 1. Application requirements. A Conditional Use Permit application for clustering shall be accompanied by the following:

    • a. A map showing the existing parcels with dimensioned parcel boundaries, parcel areas, and topography at five (5) foot contour intervals or less.

    • b. Site plan showing the proposed parcels with dimensioned parcel boundaries, parcel areas, together with proposed locations of all homes, yard areas, driveways, and grading.

    • c. Proposal for the location, ownership, and management of the permanent open space.

  • 2. Standards for Clustering:

    • a. Residential density within the clustered development shall be required to meet the density standards of section 4.7.9 but not the minimum lot size standards.

    • b. The minimum lot size in clustered development shall be 10,000 sq. ft.

    • c. The lot dimension standards of Section 4.7.4 shall not apply. Clustered lots shall not be less than 50 feet in average width, nor have less than 30 feet street frontage.

    • d. Permanent open space shall be provided over all open space parcels and over all portions of lots exceeding 10,000 sq. ft.

    • e. Except as provided herein, all other development standards of the HRO-1 district shall apply.

  • 3. Conditional Use Permit Findings Required for Planning Commission Approval. In addition to the standard Use Permit findings, the Commission must also find that:[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.

59 Amended by Ord. 2018-1131, §12, 4/24/2018

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• c. The open space areas will not create an enforcement or maintenance problem and will be protected from development by the establishment of an open space or conservation easement over its entirety, and adequate provision for the ownership and management of such property and easements will be provided.

  - d. All clustering standards will be met. 
  

• 4.7.11 HRO-2 ZONING DISTRICT STANDARDS[60]

  • (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 2[62]

HRO-2 FLOOR AREA RATIO STANDARDS

60 Amended by Ord. 2025-1192, §39, 12/9/2025; 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

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• (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]

O 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:

   • 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.

63 Amended by Ord. 979, 5/14/02; Ord. 982, 1/28/03

64 Amended by Ord. 2018-1133, §1, 8/28/2018

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• 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.[65]

2. Standards for Floor Area Transfer

   • a. Floor area and development rights transfer shall be by recordation of a deed of development rights transfer on each lot describing the transfer between the owners of the sending and receiving parcels.

   • b. An open space or conservation easement and an ownership and open space management plan for the sending parcel shall be approved and recorded prior to issuance of a building permit for construction of any transferred floor area.

   • c. The total floor area allowed on the receiving property shall be that which would be allowed on the receiving lot plus 1,200 sq. ft. If the applicant can demonstrate through survey that the sending property would yield more than 1,200 sq. ft. then the floor area allowed on the receiving site shall be the summation of the floor area allowed on the sending and receiving sites. Total allowed floor area shall not exceed 3,500 sq. ft. on any one lot.

3. Conditional Use Permit Findings Required for Approval

   • a. The proposed transfer of density is consistent with the policies of the San Juan Hills Area Plan and the Geologic Hazards Ordinance.

   • b. Adequate infrastructure exists or its construction is assured, and for sites requiring road improvement plans, such plans have been approved.

• c. The pattern of development which would result from the transfer of floor area is better than could be achieved through the application of this ordinance without 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

65 Amended by Ord. 2018-1133, §1, 8/28/2018

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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 noncontiguous site along the same roadway and within the same statistical subarea as shown on the San Juan Hills Area Plan is permitted upon approval of a conditional use permit by the Planning Commission. Density transfer use permits are subject to the following:

  • 1. Application requirements - A conditional use permit application for density transfer shall be accompanied by the following:

    • a. Map showing the location and boundaries of the proposed sending and receiving parcels.

    • b. Calculations showing the maximum allowable density and minimum lot size on the sending and receiving parcels according to the requirements of this ordinance.

    • c. Site plan of the receiving parcels showing the proposed locations of all homes, driveways, and grading.

    • d. A signed contractual agreement with the owner of the sending property to transfer density to the owner of the receiving parcel, and agreeing to record an open space or conservation easement restricting all development potential attributable to the sending parcel and evidence of title insurance for the sending parcel indicating that the parties to the contractual agreement have the right to enter into such a contract.

    • e. Program for ownership and management of the sending property. Such a program may include merger with contiguous property, fee ownership by a qualified private conservation organization, fee ownership by the owners of the receiving parcel, or other means approved by the Planning Commission.

    • f. An application for a tentative subdivision map.

    • g. An approved hillside road improvement plan.

  • 2. Standards for Density Transfer
    • 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.

City of Belmont Zoning Ordinance 4-28

• b. Density transfer shall be by recordation of a deed of development rights transfer on each lot describing the transfer between the owners of the sending and receiving parcels.

  - c. An open space or conservation easement and an ownership and open space management plan shall be approved and in place prior to issuance of a building permit for construction of any transferred density. 
  
  - d. The floor area allowed on each lot created as part of the density transfer procedure shall be 3,500 sq. ft. 
  

  • 3. Conditional Use Permit Findings Required for Approval

    • a. The proposed transfer of density is consistent with the policies of the San Juan Hills Area Plan and the Geologic Hazards Ordinance.

    • b. Adequate infrastructure exists or its construction is assured.

    • c. The pattern of development which would result from the transfer of density is better than could be achieved through the application of this ordinance without density transfer, by reducing the need for roadway extensions, reducing grading, and relocating development potential to less steep areas.

    • d. The sending property will be protected from development by the establishment of a conservation easement over its entirety, or be merged with an adjacent lot and a conservation easement established over land equal in area to the sending site, and the ownership and management of such property will be adequately provided for.

    • e. The proposed building sites will not be in an area designated Md or Pdf on the current geologic hazards map.

    • f. All density transfer standards will be met.

• (f) LOT LINE ADJUSTMENTS: Lot line adjustments are permitted in the HRO-2 Zoning District upon approval by the Zoning Administrator. Any lot line adjustment resulting in four 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 Section 4.7.11(a) must be met. They may be waived if the following standards are met:

City of Belmont Zoning Ordinance 4-29

1. The proposed lot line adjustment is consistent with the policies of the San Juan Hills Area Plan and the Geologic Hazards Ordinance.

2. The pattern of development which would result is better than could be achieved through the application of this ordinance without lot line adjustment, due to less grading, less street and utility extension, and better building site locations.

3. The total number of lots is reduced.

4. No reconfigured lot shall be less than 10,000 sq. ft. and no lot shall be reduced from its present size.

5. Adequate infrastructure exists or its construction is assured.

• b. For each lot eliminated 900 sq. ft. shall be allowed on the reconfigured site in addition to that which would be allowed on the newly configured lot by the floor area standards of Section 4.7.11 (b), up to a maximum of 3,500 sq. ft.

• (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 must 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]

• (b) FLOOR AREA - Except as provided in Section 24, the maximum allowable floor area for single-family homes is 3,500 sq. ft. and 3,750 sq. ft. 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 with a Conditional Use Permit.

  • (1) Application requirements. A Conditional Use Permit application for clustering or townhouses must include the following:

    • a. A map showing the existing parcels with dimensioned parcel boundaries, parcel areas, and topography at five 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.

66 Amended by Ordinance 2025-1192, §40, 12/9/2025; Added by Ord. 848, 8/8/91

67 Amended by Ord. 2018-1131, §14, 4/24/2018

68 Amended by Ord. 2017-1118, §25, 5/23/2017

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• d. A detailed storm drainage runoff analysis of impacts to the respective drainage area together with a schedule of necessary improvements.

• e. A hillside road plan for any needed roadway extensions.

• f. A preliminary plan indicating how water service will be provided.

• g. Documentation that sewage treatment capacity is available.

• h. A statement indicating how the proposed project complies with each of the Western Hills Area Plan policies regarding geologic hazards, biotics, land use, open space areas, community design, transportation and circulation, and infrastructure.

• (2) Standards for Clustering of Single Family Homes

  • a. Residential density within the development shall be required to meet the density standards of Section 4.7.9 but not the minimum lot size standards.

  • b. The minimum lot size in clustered development is 10,000 sq. ft. for single family residences.

  • c. The lot dimension standards of Section 4.7.4 shall not apply. Clustered lots must not be less than 50 feet in average width, nor have less than 30 feet street frontage.

  • d. Permanent open space must be provided over all open space parcels and over all portions of lots exceeding 10,000 sq. ft.

  • e. Except as provided herein, all other development standards of the HRO-3 district apply.

• (3) Standards for Clustering of Townhouses

• a. Residential density within the townhouse development must meet the density standards of section 4.7.9 but not the minimum lot size standards.

  • b. No more than 30% of all dwellings constructed in any one development east of Hastings Drive may be townhouses, and all dwellings constructed west of Hastings Drive and accessed by Carlmont Drive must be townhouses.

  • c. The minimum lot size and building setback standards in the townhouse development may be established through the use permit process to assure adequate open space and privacy.

  • d. Fee title lots for individual townhouses must generally conform to each unit's outer perimeter walls, private yards, garages, and driveways.

  • e. Private yards no less than 250 sq. ft. are required for all townhouses.

City of Belmont Zoning Ordinance 4-31

  - f. All areas not part of developed common area or private townhouse lots must be placed in open space parcels.  Permanent open space easements must be provided over all open space parcels. 

  - g. Except as provided herein, all other development standards of the HRO-3 district 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.

  • d. Adequate new roadways and water, drainage, and sewerage facilities to serve the development are assured.

  • e. The general use permit findings of Section 10 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

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SECTION 5 - COMMERCIAL DISTRICTS

Editor’s Note: Current through Ordinance 2020-1149

• 5.1 COMMERCIAL DISTRICTS ESTABLISHED - Certain classes of Districts, designated by the symbol "C", followed by a numeral, and referred to collectively herein as "C" or Commercial Districts, are established to preserve and enhance property values by protecting residential uses from non-residential uses and by providing space in suitable locations for retail stores, offices, service establishments, wholesale and other businesses necessary to the general welfare of the City in conformance with the objectives of the Comprehensive General Plan and this Ordinance.[1 ]

ommercial Districts, are established to preserve and enhance property values by protecting residential uses from non-residential uses and by providing space in suitable locations for retail stores, offices, service establishments, wholesale and other businesses necessary to the general welfare of the City in conformance with the objectives of the Comprehensive General Plan and this Ordinance.[1 ]

• 5.1.1 No use shall be permitted in which the nature or manner of operation shall be determined by the Zoning Administrator to be unduly detrimental or injurious to other properties in the vicinity or uses thereon or to the general public welfare by reason of the emission of odor, dust, smoke, noise, vibration, or electrical or other disturbances.

• 5.2 NEIGHBORHOOD COMMERCIAL OR C-1 DISTRICTS - The following regulations shall apply to all land located in any C-1 Districts and shall be subject to all general provisions of this Ordinance.

• 5.2.1 PERMITTED USES[2]

  • (a) Retail stores engaged in the selling of retail products and services, provided at least one half of their floor area is devoted to the sale of retail products, and establishments which supply personal services or commodities primarily to meet the needs of residents of the surrounding residential districts, including but not limited to art, appliance, hardware and variety stores, bakeries, dry cleaning for the retail trade only, hair cutting shops, food and drug stores, restaurants with indoor or outdoor seating, and tailor shops.[3]

  • (b) Accounting, law, investment, real estate, medical offices, and general business offices when located above the ground floor; and such uses on the ground floor when not replacing a use permitted by Section 5.2.1(a).

  • (c) Signs as classified and regulated in the Sign Ordinance of the City.

  • (d) Parks and playgrounds and other public recreation facilities.

  • (e) 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.[4]

• 5.2.2 CONDITIONAL USES - The following Conditional Uses shall be permitted only when

1 Amended by Ord. 781, 12/24/87

2 Amended by Ord. 781, 12/24/87

3 Amended by Ord. 2020-1149, 8/25/20

4 Added by Ord. 2020-1149, 8/25/20

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authorized by a Conditional Use Permit:[5]

• (a) Automobile service stations as regulated by Section 19.

• (b) Automobile parking lots (commercial) not associated with a use on site.[6 ]

• (c) Temporary uses regulated by Section 9.5.2(d).[7]

• (d) Churches and other religious institutions which do not provide sleeping accommodations.

• (e) Pet stores.[8]

• (f) Uses which require exterior-mounted refrigeration or mechanical equipment capable of creating noise or venting vapor or odors, within 100 feet of an area designated for residential use on the general plan.[9]

• (g) Public buildings and grounds utility and service structures, when found by the Commission to be necessary for the public health, safety, or welfare.[10]

• (h) Private clubs and lodges and philanthropic institutions which do not provide sleeping accommodations.[11]

• (i) Public and private libraries, and museums.[12]

• (j) Any use conducted outside of a completely enclosed building and any use involving storage of materials or merchandise outside of a completely enclosed building.[13]

• (k) Any use conducted before 7 am or after 11 pm.[14]

• (l) Incidental and accessory structures and uses located on the same site with, and necessary to, the operation of a Conditional Use.

• (m) Car wash, not to exceed four (4) stalls, coin operated self-service type not including the use of mechanical conveyors, blowers, or steam cleaning, when included within a group of permitted neighborhood retail and service establishments located together within a single parcel of land at least five (5) acres in size.[15]

5 Amended by Ord. 2018-1131, §16, 4/24/2018

6 Amended by Ord. 781, 12/24/87

7 Amended by Ord. 781, 12/24/87

8 Amended by Ord. 781, 12/24/87

9 Amended by Ord. 781, 12/24/87

10 Amended by Ord. 781, 12/24/87

11 Amended by Ord. 781, 12/24/87

12 Amended by Ord. 781, 12/24/87

13 Amended by Ord. 781, 12/24/87

14 Amended by Ord. 781, 12/24/87

15 Amended by Ord. 420, 04/28/69

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• (n) Temporary circuses and carnivals.[16]

• (o) Other uses, which in the opinion of the Planning Commission, are similar to those listed Permitted Use.[17]

• (p) Taverns and lounges.[18]

• (q) In existing buildings, replacement of uses permitted by Section 5.2.1(a) by accounting, law, investment, real estate, medical, professional, or general business office uses at the ground floor.[19]

• (r) In a new building, establishment of accounting, law, investment, real estate, medical, professional, or general business office uses at the ground floor.[20]

• (s) New buildings and building additions.[21]

• (t) Cabarets.[22 ]

• 5.2.3 PROHIBITED USES[23]

  • (a) Establishments of the drive-in type offering goods or services to the customers waiting in parked automobiles shall not be permitted except as otherwise provided herein.

  • (b) There shall be no manufacturing processes or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the same premises.

  • (c) Self-service sales of, or automatic dispensing of flammable or dangerous liquids or hazardous materials are specifically prohibited except for supervised sales of gasoline dispensed directly into a vehicle.

• 5.2.4 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities shall be provided in accordance with the provisions of Section 8 of this Ordinance.

• 5.2.5

  • FLOOR AREA RATIO - The maximum floor area ratio in the C-1 Districts shall be 0.8.

• 5.2.6 TRANSITIONAL YARDS - Transitional yards shall be provided according to the regulations as set forth in Section 9.7.5 herein.

• 5.2.7 DESIGN REVIEW - All exterior modifications shall be subject to design review as prescribed in Section 13.

• 5.2.8 LANDSCAPING - All new structures established in this District shall be subject to

16 Amended by Ord. 470, 06/14/71

17 Amended by Ord. 477, 11/08/71

18 Amended by Ord. 573, 5/10/70; Ord. 781, 12/24/87

19 Amended by Ord. 622, 4/10/78; Ord. 781, 12/24/87

20 Added by Ord. 781, 12/24/87

21 Amended by Ord. 781, 12/24/87

22 Added by Ord. 995, 02/13/04

23 Amended by Ord. 622, 4/10/78; Ord. 781, 12/24/87

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landscaping requirements as prescribed in Section 13.3 of this Ordinance and shall provide a 10 foot deep landscaped area between the public sidewalk and the parking lot and building improvements.[24]

• 5.2.9

  • BUILDING HEIGHT - No building shall exceed 28 feet in height.

• 5.3 GENERAL COMMERCIAL OR C-2 DISTRICTS - The following regulations shall apply to all land located in any C-2 Districts and shall be subject to all the general provisions of this Ordinance.

• 5.3.1 PERMITTED USES

  • (a) Any use which is a Permitted Use in the Neighborhood Commercial C-1 Districts.

• 5.3.2 CONDITIONAL USES - The following Conditional Uses shall be permitted upon the granting of a Use Permit in accordance with the provisions of Section 11 of this Ordinance.

  • (a) Any use which is a Conditional Use in the Neighborhood Commercial, C-1 Districts.

  • (b) Automobile rental agency.

  • (c) Auto accessory stores.[25]

  • (d) Commercial amusement, entertainment, and health club enterprises.[26]

  • (e) Private clubs and lodges, 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.[27]

  • (f) Indoor theaters.[28]

  • (g) Any permitted use in any Residential (R) Districts.[29]

  • (h) Pawn shops and second hand stores.[30]

  • (i) Automobile sales lots.[31]

  • (j) Commercial parking lots.[32]

  • (k) Gasoline stations or businesses offering self-service sales of, or automatic dispensing

24 Added by Ord. 641, 02/21/79; Amended by Ord. 781, 12/24/87

25 Amended by Ord. 784, 02/11/88

26 Amended by Ord. 784, 02/11/88

27 Amended by Ord. 784, 02/11/88

28 Amended by Ord. 781, 12/24/87

29 Amended by Ord. 781, 12/24/87

30 Amended by Ord. 781, 12/24/87

31 Amended by Ord. 784, 02/11/88

32 Amended by Ord. 784, 02/11/88

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of, flammable or dangerous liquids or hazardous materials.[33]

• (l) Restaurants which sell predominantly take-out meals or provide drive-in or drive-through service.[34]

• (m) Floor area transfer within and adjacent to the CBD General Plan Land Use designation areas.[35]

• 5.3.3 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities shall be provided in accordance with the provisions of Section 8 of this Ordinance.[36]

• 5.3.4

  • FLOOR AREA RATIO - The maximum floor area ratio in the C-2 Districts shall be 1.2.[37]

• 5.3.5 TRANSITIONAL YARDS - Transitional yards shall be provided according to the regulations as set forth in Section 9.7.5 herein.[38]

• 5.3.6 DESIGN REVIEW - All exterior modifications shall be subject to design review as prescribed in Section 13 of this Ordinance.[39]

• 5.3.7 LANDSCAPING - All new structures established in this District shall be subject to landscaping requirements as prescribed in Section 13.3 of this Ordinance.[40]

• 5.3.8

  • BUILDING HEIGHT - No building shall exceed 28 feet in height.[41]

• 5.3.9 DOWNTOWN SPECIFIC PLAN AREA ZONING REGULATIONS - The regulations of Section 5.3.10 through 5.3.18 shall apply to all land located in any General Commercial, C-2, District within the Downtown Specific Plan Area as set forth in the Downtown Plan Zoning Policy Map Figure 7.1 and Land Use Policy Map Figure 5.1 together with all the general provisions of this Ordinance unless otherwise noted and in the event of conflict these regulations shall prevail.[42]

• 5.3.10 PERMITTED USES[43]

  • (a) Any use which is a Permitted Use identified in Section 5.3.1 of this Ordinance.

  • (b) On sites designated (CBD) Central Business District in the Downtown Specific Plan up to 3,000 square feet on the first floor building area within Block #2 of the Village Center is permitted to be used for banking services.

  • (c) On sites designated (C/R) Commercial Residential in the Downtown Specific Plan,

33 Amended by Ord. 784, 02/11/88 34 Amended by Ord. 784, 02/11/88 35 Added by Ord. 912, 11/7/96

36 Amended by Ord. 784, 02/11/88 37 Amended by Ord. 784, 02/11/88 38 Amended by Ord. 784, 02/11/88 39 Amended by Ord. 784, 02/11/88 40 Added by Ord. 641, 02/21/79

41 Amended by Ord. 784, 02/11/88 42 Added by Ord. 841, 04/23/91 43 Added by Ord. 841, 04/23/91

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multi-family residential dwelling units are permitted provided they are consistent with the standards set forth in Section 5.3.18 of this Ordinance.

• 5.3.11 CONDITIONAL USES - The following Conditional Uses shall be permitted only when authorized by a Conditional Use Permit.[44]

  • (a) Any use which is a Conditional Use listed in Section 5.3.2 of this Ordinance exclusive of the specific provisions for permitted multi-family residential use provided in Sections 5.3.10(c) & 5.3.11(b) of this Ordinance.

  • (b) Multi-family residential within the C-2 District subject to the provisions of Section 5.3.18 of this Ordinance.

• 5.3.12 AUTOMOBILE PARKING AND LOADING FACILITIES - Shall be provided in accordance with the provisions of Section 8 of this Ordinance and by Table 6.5, PARKING GUIDELINES, Downtown Specific Plan. Landscape and lighting of parking areas shall incorporate the provisions of Section 4.7.3 and 4.7.4 Downtown Specific Plan SITE PLANNING AND DESIGN OBJECTIVES into the design of parking areas. A minimum of 50% of the required parking shall be provided on the ground floor on sites designated C/R.[45]

The PARKING CONSTRAINTS AND OPPORTUNITIES, Downtown Specific Plan shall be employed during City review of a parking variance request in the Downtown Specific Plan Area.

• 5.3.13 FLOOR AREA RATIO - The maximum commercial floor area ratio shall be 0.5. On sites designated C/R in the Downtown Specific Plan, mixed residential/commercial uses shall be a maximum 1.0 for the residential use and 0.5 for the commercial use for a combined 1.5 maximum FAR. Maximum floor area allowed for sites which are designated CBD in the Downtown Specific Plan is as follows: 0.75 FAR for parcels greater than one acre, 0.65 FAR for parcels greater than one half acre to one acre, 0.5 FAR for parcels one half acre or less.[46]

  • A. Floor Area Transfer – The permanent transfer of floor area development potential from a parcel within the Central Business District (CBD) Land Use portion of the C-2 Zoning District to another site within or adjacent to the CBD area shall be permitted upon approval of a conditional use permit by the Planning Commission.[47]

Floor area transfer permits are subject to the following:

1. Application Requirements – A conditional use permit application for floor area transfer shall be accompanied by the following:

   • a. Map showing the location and boundaries of the proposed sending and receiving sites.

44 Added by Ord. 841, 04/23/91; amended by Ord. 2018-1131, §17, 4/24/2018

45 Added by Ord. 841, 04/23/91

46 Added by Ord. 841, 04/23/91; amended by Ord. 984, 03/25/03

47 Added by Ord. 912, 11/7/96

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• b. Table showing the maximum floor area allowed on both the sending and receiving sites, the current total floor area used on the sending site, and the proposed total floor area on the receiving site.

• c. A design review application for the receiving site.

• d. A signed contractual agreement with the owner of the sending property to transfer floor area to the owner of the receiving site and agreeing to record a deed restriction on the sending site reducing development potential by the amount to be transferred.

• e. A statement indicating why the floor area to be transferred will not be used on the sending site.

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 sites.

   • b. No landscape variances are created as a result of the floor area transfer.

   • c. Parking standards will be met or an application for a variance has been approved prior to action on the Conditional Use Permit.

   • d. The transferring and receiving sites are located within the CBD identified in the Downtown Specific Plan or adjacent thereto, and are south of Ralston Avenue and west of El Camino Real.

   • e. For increases in building size of up to 30% landscaping shall provide for all trees to be 24” box specimens and all shrubs to be 5 gallons in size.

   • f. For increases in building size of up to 60% the development shall conform to 2e above plus include detailed window framing, cornice moldings and parapet treatments, and two additional traditional decorative architectural features consistent with the architectural theme zone.

• g. For increases over 60% the development shall conform to 2e and 2f above plus be highly articulated such that no continuous wall segment is over 20 feet in length, to avoid long continuous walls.

3. Conditional Use Permit Findings Required for Approval

   • a. The proposed transfer of floor area and resulting development will be consistent with the Policies of the Downtown Specific Plan.

   • b. The transfer of floor area to the receiving site will facilitate implementation of the Downtown Specific Plan and will assist in obtaining compliance with the land use and design standards therein.

   • c. All floor area transfer standards will be met

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4. City Council Notification and Call Up

   • a. A notice of public hearing before the Planning Commission shall be delivered to the City Clerk for distribution to the City Council at the same time as general public noticing occurs.

   • b. Within two days following action of the Planning Commission on the requested floor area transfer, a Notice of Action shall be sent to the applicant and delivered to the City Clerk for distribution to the City Council.

   • c. Within ten (10) days following the date of the Notice of Action, a Council member may initiate proceedings to call up the matter.

Said call up shall be governed by the following procedures:

1. The request for call up by a Council member must be made by written notice. Said notice shall be served on the City Clerk. The Clerk shall notify the applicant of the call up.

2. Upon service of said notice of call up by the City Council, all proceedings in furtherance of the Notice of Action shall be stayed.

3. The Council shall hear the matter not later than thirty (30) days following service of Notice of Call Up.

4. Upon completion of its review, the Council may affirm, reverse, or modify the decision of the Commission.

• 5.3.14 DESIGN REVIEW - All exterior modifications and new construction shall be subject to the Design Review process defined in Section 13 of this Ordinance. The specific architectural, landscaping, open space, and height and bulk standards shall be as identified in Sections 5.3.15, 5.3.16, and 5.3.17 in this Ordinance.[48]

• 5.3.15 LANDSCAPING - Projects involving the construction of new floor area shall provide a minimum of 10 percent of the site in landscaping. Projects involving the construction of one or more new buildings shall provide 15 percent of the site in landscaping. A minimum of one tree shall be provided for each 400 square feet of landscape area. Additional landscaping requirements are identified in Section 5.3.16 of this Ordinance. Within the Village Center area designated CBD in the Downtown Specific Plan a landscaped public plaza of 2,500 square feet shall be provided, and development standards identified in Policy 4.4.9, Downtown Specific Plan and Policy 3.5.4, Downtown Specific Plan shall be incorporated into project design.[49]

a. Additional landscaping requirements are identified in Section 5.3.16 of this Ordinance. Within the Village Center area designated CBD in the Downtown Specific Plan a landscaped public plaza of 2,500 square feet shall be provided, and development standards identified in Policy 4.4.9, Downtown Specific Plan and Policy 3.5.4, Downtown Specific Plan shall be incorporated into project design.[49]

• 5.3.16 BUILDING HEIGHT AND BULK - The maximum permitted building height shall conform to Figure 4.2 BUILDING HEIGHT AND BULK MAP, Downtown Specific Plan. Figure 4.2 shall be used in conjunction with the BUILDING LINE AND FRONTAGE, Figure 4.3, Downtown Specific Plan and Table 4.2 BUILDING LINE, FRONTAGE AND

48 Added by Ord. 841, 04/23/91

49 Added by Ord. 841, 04/23/91

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SETBACK GUIDELINES, Downtown Specific Plan to identify site specific development and landscaping standards. The STREETSCAPE, OPEN SPACE AND LANDSCAPE MAP, Figure 4.1, Downtown Specific Plan, shall be used to identify additional landscaping requirements, right-of-way treatment, street lighting and furniture and decorative paving requirements.[50]

• 5.3.17 ARCHITECTURAL THEME ZONES - Architectural style, building components and sign requirements for exterior modifications and new construction shall conform to FIGURE 4.4, Downtown Specific Plan. The Design Guidelines identified in Section 4.7.3 and 4.7.4 SITE PLANNING AND DESIGN OBJECTIVES of the Downtown Specific Plan, shall be incorporated into project design.[51]

• 5.3.18 RESIDENTIAL SITE DEVELOPMENT STANDARDS - Residential development within the Downtown Specific Plan shall conform to the following:[52]

  • (a) Maximum residential density of 30 units per net acre (1,450 square feet of net lot area per unit.

  • (b) Minimum setback requirements: Setbacks shall be 15 feet front yard; 6 feet plus 2 feet per each additional story above two stories, side yard; and 15 feet rear yard. Setbacks shall be further defined by Section 5.3.17 of this Ordinance.

  • (c) Minimum lot size shall be 7,200 square feet.

  • (d) Minimum lot width shall be 60 feet.

  • (e) Minimum lot frontage shall be 72 feet.

  • (f) Building height shall conform to the provisions of Section 5.3.16 of this Ordinance.

  • (g) Maximum floor area ratio is 1.0.

  • (h) Open Space: A minimum of 300 square feet of open space area shall be required for each dwelling unit on the ground floor, plus 150 square feet of open space area for each unit above the ground floor, Roof decks, balconies, or other open structural open areas which are improved for outdoor living may be used to satisfy the open space requirements for above ground floor units. Ground floor open space areas shall be a minimum of 10 feet in average width and a minimum of 20 feet in average length.

  • (i) Landscaping: Landscaping shall be as prescribed by Section 5.3.15 of this Ordinance.

  • (j) Parking: Off-street parking shall be provided in accordance with the provisions of Section 5.3.12 of this Ordinance.

  • (k) Design Review: Design review shall be as prescribed in Section 5.3.14 of this Ordinance.

50 Added by Ord. 841, 04/23/91

51 Added by Ord. 841, 04/23/91

52 Added by Ord. 841, 04/23/91

City of Belmont Zoning Ordinance

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• 5.4 REGIONAL COMMERCIAL OR RC DISTRICT - The following regulations apply in the RC District.[53]

• 5.4.1 PURPOSE - The Regional Commercial District allows for community-serving retail and services; visitor- and retail-serving auto-oriented commercial services, such as lodging, service stations, car dealerships, and commercial office uses at appropriate locations, as designated in the General Plan. Some light industrial and research and development (R&D) uses may also be permitted, subject to development standards and design review to ensure land use compatibility.

• 5.4.2 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 offices with walk-in clientele on the ground floor when not replacing a use permitted by Section 5.4.2 (d), and (j) in a space not to exceed 1,500 square feet.

  • (d) Business services.

  • (e) Government buildings.

  • (f) Instructional services.

  • (g) Maintenance and repair services.

  • (h) Nursery and garden center.

  • (i) Restaurants with indoor or outdoor seating.[54]

  • (j) 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, food and drug stores, and tailor shops.

  • (k) Personal services, general, but only on the ground floor of a mixed use building occupying less than 2,000 square feet.

  • (l) 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.[55]

• 5.4.3 CONDITIONAL USES - Subject to Section 9.5.6, the following uses are allowed with a

53 Section 5.4 “Regional Commercial” added by Ord. # 2017-1124, §29, 11/28/2017; previous section 5.4 “Highway Commercial” was repealed by Ord. # 2017-1124, §28, 11/28/2017.

54 Amended by Ord. 2020-1149, §5, 8/25/2020

55 Added by Ord. 2020-1149, §5, 8/25/2020

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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 with drive-through service.

• (d) Commercial amusement, entertainment, and health club enterprises, including cinemas, indoor theaters, ice rinks, and related facilities, which may be publicly- or privatelyowned.

• (e) Communication facilities, including antennas and transmission towers equipment within buildings.

  • (f) Day care centers.

  • (g) Health clinics.

  • (h) Hotels and motels.

  • (i) Non-traditional financial institutions, including check-cashing facilities, payday lenders, and pawn brokers.

  • (j) Recycling collection facilities.

  • (k) Restaurants that sell predominantly take-out meals or provide drive-in or drive-through service.

  • (l) Personal services, limited, occupying less than 1,500 square feet.

  • (m) Utilities.

• 5.4.4 ACCESSORY USES – Accessory uses, including ancillary and incidental uses, necessary to the operation of a use but of less intense nature, are permitted in the RC District if the primary use is permitted. Where the primary use requires a conditional use permit, ancillary uses shall also require a conditional use permit.

• 5.4.5 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities shall be provided in accordance with the provisions of Sections 8 and 8A.

• 5.4.6

  • FLOOR AREA RATIO - The maximum floor area ratio in the RC District shall be 1.8.

• 5.4.7 TRANSITIONAL YARDS - Transitional yards shall be provided according to the regulations in Section 9.7.5.

• 5.4.8 DESIGN REVIEW - All new construction and exterior modifications are subject to design review under Section 13.

• 5.4.9 LANDSCAPING - All new structures are subject to landscaping requirements in Section

City of Belmont Zoning Ordinance

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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. Projects involving the construction of one or more new buildings shall provide 15 percent of the site in landscaping. A minimum of one tree shall be provided for each 400 square feet of landscape area.

• 5.4.10 BUILDING HEIGHT - No building may exceed 55 feet in height.

• 5.4.11 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 where an interior lot line abuts a residential zoning district in which case the interior setbacks required of the abutting lot must be provided (e.g. six feet plus two feet for each additional story above two stories for interior side lot lines).

  • (d) On-site pedestrian circulation and access must be provided according to the following standards.

    • (1) Internal Connections . A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

• (2) To Circulation Network . Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, generally no more than 125 percent of the straight line distance.

  - (3) _To Neighbors_ . Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. 
  
  - (4) Interior Pedestrian Walkway Design. 
  
     - (A) Walkways shall have a minimum unobstructed width of six feet and shall be hard-surfaced. 
  
     - (B) Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. 
  
     - (C) Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. 
  

• 5.4.12 SUPPLEMENTAL STANDARDS FOR SHOPPING CENTERS - Shopping centers containing 25,000 square feet or more of floor area are subject to the following standards

City of Belmont Zoning Ordinance

5-12

and criteria for approval.

• (a) Entry Plazas/Passenger Loading Areas . A plaza shall be provided at the entry to each anchor tenant that provides for pedestrian circulation and loading and unloading. Entry plazas and passenger loading areas shall include unique, decorative paving materials, adequate seating areas, provision of adequate shade from the summer sun, and attractive landscaping including trees or raised planters. Entry plazas with features described under paragraph 2 below may be counted toward the public plaza requirements.

• (b) On-Site Public Plazas . Outdoor plazas for the use of customers and visitors shall be provided at a rate of five square feet per 1,000 square feet of floor area, up to 1,500 square feet of outdoor plaza.

  • (1) Location . Public plazas shall be visible from a public street, or from on-site areas normally frequented by customers, and shall be accessible during business hours.

  • (2) Amenities . On-site public space shall include benches or other seating, and the ground surface shall be landscaped or surfaced with high-quality paving materials. Amenities shall be provided that enhance the comfort, aesthetics, or usability of the space, such as shade trees and other landscaping, shade structures, drinking fountains, water features, public art, and performance areas.

  • (3) Design Criteria . In order to receive design approval for a shopping center, the Planning Commission shall find that all of the following criteria have been met.

    • (A) Integrated Theme. Buildings and structures exhibit an integrated architectural theme that includes similar or complementary materials, colors, and design details.

• (B) Site Entrance. The driveway entrance provides an organizing element to the site design with features such as a landscaped entry corridor or a divided median drive separated by a landscaped center dividing island. Buildings are located within 30 feet of the corner of the driveway and public right-of-way and building elements with greater vertical emphasis are used at these corners.

  - (C) _Building Entrances._ Building entrances to anchor tenants and other large stores are prominent and inviting. The architectural details of building entrances are integrated with the overall building design in terms of materials, scale, proportion, and design elements. 
  
  - (D) _Vehicular Circulation._ Safe, convenient vehicular circulation is provided within the development through an appropriate system of internal vehicular circulation routes based on a hierarchy of drive aisles and cross routes. Vehicular and pedestrian conflicts are minimized. Where pedestrian circulation routes cross vehicular traffic aisles and driveways within a development, there are clearly delineated crosswalks that include clear sight lines, adequate warning signage, adequate lighting, and protective barrier posts or similar features at walkway entrances. 
  
  - (E) _Cart Corrals._ Adequate, convenient cart corrals are provided near building
  

City of Belmont Zoning Ordinance 5-13

entrances and throughout the parking areas.

• (F) Lighting. A combination of attractively designed and located lighting fixtures, not to exceed 16 feet in height with full cutoff luminaires, including groundmounted fixtures, light bollards, and architectural lighting provides interesting compositions for outdoor lighting, as well as a safe, secure environment.

• (G) Loading. Loading areas are appropriately screened from view of public streets and also setback from interior lot lines abutting residential neighborhoods.

• (H) Shade Areas. Pedestrian areas, such as walkways, building entrances, and gathering areas, are adequately shaded from the summer sun through such techniques as the careful placement of trees and landscaping, trellis structures, projecting canopies, covered walkways, arcades, porticos, building orientation, and similar techniques.

• 5.5 SERVICE COMMERCIAL OR C-4 DISTRICTS - The following regulations shall apply to all land located in any C-4 Districts and shall be subject to all the general provisions of this Ordinance.

• (a) Any use which is a Permitted Use in the Highway Commercial C-3 Districts.

  • (b) Service and storage activities related to the residential and commercial functions of the City, including but not limited to:[56 ]

    • Wholesale business supply stores

    • Wholesale Greenhouses and plant nurseries

    • Janitorial service

    • Printing, publishing and issuing of periodicals, books, stationery and other reading matter

    • Storage and warehousing

    • Wholesale establishments

• 5.5.2 CONDITIONAL USES - The following Conditional Uses shall be permitted upon the granting of a Use Permit, in accordance with the provisions of Section 11 of this Ordinance;[57]

  • (a) Any use which is a Conditional Use in the Highway Commercial, C-3 Districts.

  • (b) Beverages, non-alcoholic, bottling and distribution.

56 Amended by Ord. #784, 02/11/88; Ord. #862, 05/12/92

57 Amended by Ord. #784, 02/11/88; Ord. #862, 05/12/92

City of Belmont Zoning Ordinance 5-14

• (c) Salvage and junk shop within a completely enclosed building.

• (d) Animal hospital.

• (e) Tool, die and pattern making.

• (f) Carpenter, cabinet, ceramics, machine, or sheet metal shops.

• (g) Contractor's office and storage yard.

• (h) Vehicle body repair and painting.

• (i) Dry cleaning establishments.

• (j) Laboratories, research, experimental and testing.

• (k) Laundries, linen, towel, diaper, and other similar supplies and services.

• (l) Parcel delivery stations.

• (m) Saw and knife sharpening shop.

• (n) Wholesale bakery.

• 5.5.3 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities shall be provided in accordance with the provisions of Section 8 of this Ordinance.

• 5.5.4 FLOOR AREA RATIO - The maximum floor area ratio in the C-4 District shall be 1.8.[58]

• 5.5.5 TRANSITIONAL YARDS - Transitional yards shall be provided according to the regulations as set forth in Section 9.7.5 herein.

• 5.5.6 DESIGN REVIEW - All exterior modifications shall be subject to design review as prescribed in Section 13 of this Ordinance.[59]

• 5.5.7 LANDSCAPING - All new structures established in this District shall be subject to landscaping requirements as prescribed in Section 13.3 of this Ordinance.[60]

• 5.5.8

  • BUILDING HEIGHT - No building shall exceed 40 feet in height.[61]

• 5.5.9 DOWNTOWN PLAN AREA ZONING REGULATIONS - The regulations of Sections 5.5.10 through 5.5.18 shall apply to all land located in any Service Commercial, C-4, District within the Downtown Specific Plan Area as set forth in the Downtown Plan Zoning Policy Map Figure 7.1 (pg. 7.13) and Land Use Policy Map Figure 5.1 (pg. 5.6) together with the general provisions of this Ordinance unless otherwise noted and in the event of

58 Amended by Ord. #784, 02/11/88 59 Amended by Ord. #784, 02/11/88 60 Added by Ord. #641, 02/21/79 61 Amended by Ord. #784, 02/11/88

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conflict these regulations shall prevail.[62]

• 5.5.10 PERMITTED USES[63]

• (a) Any use, which is a Permitted Use identified in Section 5.5.1 of this Ordinance exclusive of dry cleaning and public laundries, food, liquor, and drug stores and retail bakeries and restaurants.

• 5.5.11 CONDITIONAL USES - The following Conditional Uses shall be permitted only when authorized by a Conditional Use.[64]

  • (a) Any use which is a Conditional Use in the Service Commercial District C-4, listed in Section 5.5.2 of this Ordinance.

  • (b) Dry cleaning and public laundries; food, liquor and drug stores; and retail bakeries and restaurants.

• 5.5.12 AUTOMOBILE PARKING AND LOADING FACILITIES - Shall be provided in accordance with the provisions of Section 5.3.12 of this Ordinance.[65]

• 5.5.13 FLOOR AREA RATIO - The maximum floor area ratio shall be 0.5.[66]

• 5.5.14 DESIGN REVIEW - Shall be provided in accordance with Section 5.3.14 of this Ordinance.[67]

• 5.5.15 LANDSCAPING - Shall be provided in accordance with Section 5.3.15 of this Ordinance.[68]

• 5.5.16 BUILDING HEIGHT AND BULK - Shall be provided in accordance with Section 5.3.16 of this Ordinance.[69]

• 5.5.17 ARCHITECTURAL THEME ZONES - Shall be provided in accordance with Section 5.3.17 of this Ordinance.[70]

• 5.5.18 RESIDENTIAL SITE DEVELOPMENT STANDARDS - Shall be governed by Section 5.3.18 of this Ordinance.[71]

• 5.6 EXECUTIVE ADMINISTRATIVE OR E-1 DISTRICTS - The following regulations shall apply to all land located in E-1 Districts and shall be subject to all the general provisions of this Ordinance.

62 Added by Ord. #841, 04/23/91

63 Added by Ord. #841, 04/23/91

64 Added by Ord. #841, 04/23/91; amended by Ord. 2018-1131, §19, 4/24/2018

65 Added by Ord. #841, 04/23/91

66 Added by Ord. #841, 04/23/91

67 Added by Ord. #841, 04/23/91

68 Added by Ord. #841, 04/23/91

69 Added by Ord. #841, 04/23/91

70 Added by Ord. #841, 04/23/91

71 Added by Ord. #841, 04/23/91

City of Belmont Zoning Ordinance

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• (a) Professional offices limited to the following professions:[72]

Accountant, appraiser, architect, assayer, attorney, auditor Bacteriologist Certified Public Accountant Chemist or laboratory specialist or operator, chiropodist, chiropractor, civil engineer, commercial artist Dental laboratory specialist or operator, dentist, designer Electrical engineer Geologist Hydraulic engineer Management consultant, medical laboratory specialist or operator, music autographer, oculist, optician, optometrist, osteopath Physician Structural engineer, surgeon, surveyor;

Provided further that the following uses shall NOT be permitted:

Advertising agency Barber or beauty shop Collection agency General business offices Pest control office Veterinarian

• (b) A pharmacy provided it is conducted within a medical office building and further provided that the sales of articles shall be limited to drugs, prescription medicines, surgical and medical supplies and such other articles required or recommended by the medical profession.

• (c) Signs as regulated in the Sign Ordinance.

• (d) Accessory uses customarily appurtenant to a Permitted Use.

5.6.2 CONDITIONAL USES - The following Conditional Uses shall be permitted upon the granting of a Use Permit in accordance with the provisions of Section 11 of this Ordinance:

• (a) Administrative and executive offices including banks, mortgage lending institutions, investment securities, title insurance companies, life and casualty insurance companies, real estate offices and other general business offices.

• (b) Private clubs, lodges and fraternal organizations.

• (c) Medical clinic, convalescent hospital.

• (d) Telephone answering exchange, antenna towers and other outdoor equipment essential to the operation of the exchange.

72 Amended by Ord. #477, 11/08/71

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• (e) Studios for arts and crafts, photography and similar uses.

• (f) Public utility and public services uses including electric substations, fire and police stations.

• (g) Other uses which, in the opinion of the Planning Commission, are similar to those listed permitted uses.[73]

• 5.6.3 CONDITIONS OF USE - All Permitted Uses and those permitted upon the granting of a Conditional Use Permit in the E-1 District shall be conducted within completely enclosed buildings and any use which creates odor, noise, vibration, smoke or dust in amounts discernible and measurable outside the exterior walls of the building housing such activities shall be prohibited.

• 5.6.4 SITE AREA, DIMENSION AND COVERAGE LIMITATIONS

• (a) The minimum site area in any E-1 Districts shall be 7,200 square feet, the minimum average width 60 feet and the minimum lot frontage on a street 35 feet.

  • (b) MINIMUM YARDS - Each building site shall provide a front yard of not less than 15 feet provided, however, that the sum of the front yard plus one half of the right-of-way of the street on which the site fronts shall not be less than 40 feet; and further provided that no building occupying property fronting on a private road or easement shall be less than 45 feet from the center line of such private road or easement.

A side yard of not less than six feet, except that on corner lots a minimum side yard of 7.5 feet shall be maintained on the street frontage having the greater length; and a rear yard of not less than ten feet.

• (c) FLOOR AREA RATIO - The floor area ratio of buildings and structures shall not exceed 1.5.

• (d) BUILDING HEIGHT - The maximum building height shall be two stories or 35 feet.

• 5.6.6 OFF-STREET PARKING AND LOADING - Facilities shall be provided as required or permitted in Section 8.

• 5.6.7 DESIGN REVIEW – All uses in the E-1 Districts shall be subject to Design Review as prescribed in Section 13 of this Ordinance.

• 5.7 EXECUTIVE ADMINISTRATIVE OR E-2 DISTRICTS – The following regulations shall apply to all land located in the E-2.1 and E-2.2 Districts and shall be subject to all the general provisions of this Ordinance.[74]

• 5.7.1 PERMITTED USES

  • (a) The following uses shall be permitted in any E-2.1 District:

73 Amended by Ord. 477, 11/08/71

74 Amended by Ord. 470, 06/14/71; Ord. 477, 11/08/71; Ord. 790, 05/11/88

City of Belmont Zoning Ordinance

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• (1) Administrative, executive, and sales offices, provided no retail merchandise is dispensed on site.

• (2) Financial offices, including banks, mortgage lending institutions, investment securities, title insurance companies, life and casualty insurance companies, real estate offices and other general business offices.

• (3) Professional offices including the professions of accountant, advertising copywriter, appraiser, architect, attorney, auditor, chemical laboratory specialist or operator, dental laboratory specialist or operator, engineer, geologist, medical laboratory specialist or operator, and surveyor.

• (4) Laboratories limited to operations of a research and experimental nature only and excluding all assembly, processing and manufacturing activities ties. All such research and experimental operations shall be conducted wholly within a building and any uses which create odor, noise, vibration, smoke or dust in amounts discernible or measurable outside the exterior walls of the building housing such activity shall be prohibited.

tions of a research and experimental nature only and excluding all assembly, processing and manufacturing activities ties. All such research and experimental operations shall be conducted wholly within a building and any uses which create odor, noise, vibration, smoke or dust in amounts discernible or measurable outside the exterior walls of the building housing such activity shall be prohibited.

• (5) Product repair or adjustment provided that such activity shall be clearly incidental to the activities of administrative, executive or sales offices located on the same site; further provided that all such operations shall be conducted wholly within a building and any uses which create odor, noise, vibration, smoke or dust in amounts discernible or measurable outside the exterior walls of the building housing such activity shall be prohibited.

• (6) Medical doctor, dentist, radiologist and chiropractor offices, and physical therapists.

• (7) Signs as classified and regulated in the Sign Ordinance of the City.

• (b) The following uses shall be permitted in the E-2.2 districts:

  • (1) Any use which is a permitted use in the E-2.1 district.

  • (2) Warehousing, storage and distribution facilities when located on the same premises as the administrative or executive offices in connection therewith provided that such warehousing shall meet all of the following conditions:

    • a) Materials stored shall be for the purpose of local and regional distribution and such use shall exclude the storage of household goods, furniture or other goods relating to the operation of a moving and storage business.

    • b) Products to be warehoused shall be limited to finished products and merchandise excluding all assembly, processing and manufacturing activities. The storage or warehousing of perishable food-stuffs or the storage of bulk or raw materials is specifically excluded.

    • c) All warehousing shall take place within a fully enclosed building.

    • d) The bulk storage of explosives, and the bulk storage of toxic, radioactive,

City of Belmont Zoning Ordinance 5-19

flammable, and similar hazardous materials are prohibited.

• (3) Restaurant facilities when located within a building, provided that such restaurant not occupy more than 10% of the area of the floor upon which it is located or 1000 sq. ft., whichever is less, and when such use is intended as an employee-oriented lunch room or cafeteria with no signs oriented to motorists.

• (a) The following uses shall be permitted in the E-2.1 District upon the granting of a Use Permit.

  • (1) Public utility buildings and uses and public service structures or installations when found by the Commission to be necessary for public health, safety or welfare.

  • (2) Telephone answering exchange, antenna towers and other outdoor equipment essential to the operation of the exchange.

  • (3) Radio and television broadcasting stations, including antenna towers and other equipment essential to the operation of a station.

  • (4) New buildings.

  • (5) Clinic, Hospital, Sanitarium, or Skilled nursing facility.

  • (6) Other uses which, in the opinion of the Planning Commission, are similar to or compatible with those listed permitted uses.

• (b) The following uses shall be permitted in the E-2.2 District upon the granting of a Use Permit.

  • (1) Any use which is a Conditional Use in the E-2.1 District

  • (2) Product assembly, provided that such activity shall be clearly incidental to the permitted use. Further, all such assembly shall be conducted wholly within an enclosed building. Any assembly which is determined by the Planning Commission to be unduly detrimental or injurious to other properties or uses in the vicinity, or the general public welfare shall be prohibited.

• (a) The minimum site area in any E-2 District shall be 10,000 square feet; the minimum average width 100 feet; and the minimum lot frontage on a street 40 feet.

• (b) FLOOR AREA RATIO - The floor area ratio of buildings and structures shall not exceed 0.45.

• (c) BUILDING HEIGHTS - The maximum height above finish grade of any building wall shall be 28 feet. Buildings shall be limited to two stories not including roof-mounted

75 Amended by Ord. 2018-1131, §19, 4/24/2018

City of Belmont Zoning Ordinance 5-20

mechanical enclosures. The total height of all roofs and mechanical enclosures shall not exceed 35 feet measured vertically from finish grade at each point around the perimeter of the building to their uppermost point at each respective cross-slope section of the building.

• 5.7.4 YARD AREA - All building hereinafter erected or enlarged in any E-2 Districts shall provide a front yard of not less than 30 feet. One- or two-story buildings shall have a side yard of not less than ten feet. Three story buildings shall have a side yard of not less than 15 feet. Rear yards shall be not less than 20 feet.

• 5.7.5 OFF-STREET PARKING AND LOADING - Facilities shall be provided as required or permitted in Section 8.

• 5.7.6 DESIGN REVIEW - All new buildings and exterior modifications shall be subject to design review as prescribed in Section 13 of this Ordinance.

• 5.7.7 DESIGN CRITERIA - In addition to the design standards prescribed by Section 13 of this ordinance the following criteria shall apply to new buildings and building additions over 5000 sq. ft.

  • (a) A traffic study shall be required indicating the additional and cumulative traffic impacts to the intersections of Davis Drive, Cipriani Boulevard, Continentals Way, Alameda de las Pulgas, and El Camino Real with Ralston Avenue. The study shall indicate any and all possible mitigations to reduce traffic impacts to these intersections. The project shall be designed or modified to incorporate all traffic mitigation measures determined to be feasible and reasonable by the Planning Commission.

  • (b) Heavy landscape treatment and foundation plantings shall be incorporated around the perimeter of the building to minimize perceived height.

  • (c) At least 15% of the site to be covered with professionally designed and installed landscaping.

  • (d) Submitted plans shall show how the mass and height of the proposed new building or addition provides a transition between any existing building on site and the buildings on adjoining properties. For buildings over one story, shade effects on adjacent properties and buildings shall be shown on submitted plans. Shade effects shall be minimized.

  • (e) The architectural plane of exterior building walls shall be articulated to avoid a monolithic appearance.

  • (f) Roof-mounted mechanical equipment shall be enclosed from public view with the same construction materials used on exterior building surfaces and shall be located toward the center axis of the building and away from the building perimeter.

• (g) Large continuous architectural planes of reflective building materials and glass shall be avoided.

  • (h) Buildings with concrete exterior construction shall utilize a wood grain textured finish, or similar texture, to soften the visual impact of this building material.

City of Belmont Zoning Ordinance 5-21

• (i) Exterior colors of all building materials including glass shall be chosen to maximize compatibility with the residential character of the surrounding community.

• (j) Roofs shall incorporate gable, hip, and/or shed features.

City of Belmont Zoning Ordinance

5-22

SECTION 5A – CORRIDOR MIXED USE DISTRICT[1]

Editor’s Note: Current through Ord. 2025-1192

• 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.[2]

• 5A.1.2 PERMITTED USES[3] . 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 in subsection (d), (p), and (q) 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.

  • (f) Government buildings.

  • (g) Instructional services.

  • (h) Hotels and motels.

  • (i) Low-barrier navigation centers.

  • (j) Maintenance and repair services.

  • (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

1 Added by Ord. 2017-1124, §30, 11/28/2017

2 Amended by Ord. 2024-1175, §1, 1/23/2024

3 Amended by Ord. 2025-1192, §41, 12/9/2025

City of Belmont Zoning Ordinance

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projects are exempt from CEQA.[4]

• (l) Nursery and garden center.

• (m) Permanent supportive housing.

• (n) Personal services, general.[5]

• (o) Residential care facilities, and residential care facilities, small.

• (p) Restaurants with indoor or outdoor seating.[6]

  • (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.[7]

  • (r) Transitional and supportive housing.

  • (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.

  • (t) Restaurants with outdoor seating permissible within the public right-of-way sidewalk area, or an adjacent private parking lot, subject to outdoor dining requirements established by the City.[8]

• 5A.1.3 CONDITIONAL USES[9] - Subject to Section 9.5.6, the following uses are allowed with a conditional use permit.

  • (a) Automobile rental agency.

  • (b) Auto/vehicle sales and services, including dealers and new and used car sales lots, automobile repair services, service stations and electric vehicle charging facilities, and vehicle washing.

  • (c) Banks and retail financial institutions on the ground-floor in a mixed use building, not to exceed 3,000 square feet.

  • (d) Commercial amusement, entertainment, and health club enterprises, including cinemas, indoor theaters, ice rinks, and related facilities, which may be publicly- or privatelyowned.

  • (e) Communication facilities, including antennas and transmission towers equipment within buildings.

4 Amended by Ord. 2024-1175, §2, 1/23/2024 5 Amended by Ord. 2019-1141, §5, 5/28/2019

6 Amended by Ord. 2020-1149, §5A, 8/25/2020

7 Amended by Ord. 2019-1141, §5, 5/28/2019 8 Added by Ord. 2020-1149, §5A, 8/25/2020

9 Amended by Ord. 2025-1192, §42, 12/9/2025

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• (f) Community assembly.

• (g) Day care centers.

• (h) Group residential.

• (i) Health clinics.

• (j) Hospital

• (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:[10]

  • (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.

• (l) Non-traditional financial institutions, including check-cashing facilities, payday lenders, and pawn brokers.

• (m) Recycling collection facilities.

• (n) Restaurants that sell predominantly take-out meals or provide drive-in or drive-through service.

• (0) Social service center.

  • (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 must be provided in accordance with Section 8.[11]

10 Amended by Ord. 2020-1148, §2, 6/23/2020

11 Amended by Ord. 2025-1192, §43, 12/9/2025

City of Belmont Zoning Ordinance

5A-3

• 5A.1.6 FLOOR AREA RATIO[12] – Maximum floor area ratios are as follows.

  • (a) For hotels, 2.5.

  • (b) For all other uses: 2.0; may be increased up to 2.5 with provision of community benefits approved by the City Council under Section 5A.2.[13] 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.[14]

• 5A.1.8 Reserved.[15]

• 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[16] - 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.

• 5A.1.12 SITE DEVELOPMENT STANDARDS[17] - 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.

12 Amended by Ord. 2025-1192, §44, 12/9/2025 13 Amended by Ord. 2024-1175, §3, 1/23/2024 14 Amended by Ord. 2024-1175, §4, 1/23/2024

15 Repealed and reserved by Ord. 2025-1192, §45, 12/9/2025

16 Amended by Ord. 2025-1192, §46, 12/9/2025; Amended by Ord. 2020-1148, §3, 6/23/2020

17 Amended by Ord. 2025-1192, §47, 12/9/2025; Amended by Ord. 2020-1148, §4, 6/23/2020

City of Belmont Zoning Ordinance

5A-4

• (e) Minimum ground floor height: 16 feet for non-residential space; 10 feet for residential space.

• 5A.1.13 BUILDING DESIGN STANDARDS[18] - 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.

    • (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.

• 5A.2 COMMUNITY BENEFIT BONUSES

5A.2.1 PURPOSE AND APPLICABILITY. To provide an incentive for development, in partnership

18 Amended by Ord. 2025-1192, §48, 12/9/2025; Amended by Ord. 2020-1148, §5, 6/23/2020

City of Belmont Zoning Ordinance 5A-5

with the City, to provide community benefits that would not otherwise be created, the City Council may grant increased FAR, density or height in return for provision of specific community benefits, as listed below or subsequently identified by the City Council, if doing so is in the City’s interest and will help implement the General Plan, and these benefits cannot be realized without granting increased FAR, height, and/or density.

5A.2.2 BONUSES AVAILABLE

• (a) For Lot Consolidation. In order to promote the consolidation of small lots into larger sites, which are better able to accommodate mixed use development and thus confer community benefits, the City Council may approve an increase in the maximum allowable base FAR up to 10 percent if such an increase is needed to ensure development feasibility based on an independent, third-party appraisal. This additional FAR may be combined with additional FAR earned for other community benefits listed in paragraph (b) below.

• (b) For Other Community Benefits. Increased FAR, height, and density up to the maximums with community benefits listed in Section 5A.1.6, 5A.1.7 and 5A.1.11 may be approved by the City Council for the following community benefits:

  • (1) On-site affordable housing in an amount exceeding the City’s requirements for inclusionary housing established in the Zoning Ordinance.

  • (2) Public access easements, wider sidewalks, and additional public right-of-way provided where identified in the General Plan.

  • (3) Public right-of-way improvements, which are in addition to those required to serve new development.

  • (4) Art in public places, including art in privately-owned publicly accessible plazas and courtyards.

  • (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.

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• 5A.2.3 PROCEDURES FOR AWARDING BONUSES; FINDINGS REQUIRED - After conducting a duly-noted public hearing, the City Council may grant increased FAR, density or height, as requested by the applicant or as modified by the Council, in return for provision of specific community benefits if the City Council determines that (1) making such an award is in the City’s interest and will help implement the General Plan, (2) these benefits cannot be realized without granting increased FAR, height, and/or density, and (3) that the increase granted is the minimum necessary to realize these benefits and no adverse impacts or land use incompatibilities will be created that are judged unacceptable. The decision to grant increased FAR, density or height is discretionary, and the Council is not obligated to grant any increase if any of these required findings cannot be made.

5A.2.4 MODIFICATIONS AND CHANGED PLANS

• (a) Minor Modifications . The Community Development Director may approve minor modifications, not to exceed 10 percent of any dimensional requirement or standard, to an approved project that are consistent with the original findings and conditions approved by the review authority and would result in the same or substantially similar community benefits.

• (b) Changed Plans . A proposed change in an approved project subject to the requirements of this section that would result in a change of more than 10 percent increase in any dimensional requirement or standard trips must be accompanied by a statement of what modifications or additions to the approved community benefits will be made to ensure the City derives the same or substantially similar benefits. The Planning Commission may conditionally approve such a change, subject to annual monitoring, after holding a duly-noticed public hearing and confirming that the community benefit program’s objectives are being met.

• 5A.2.5 IMPLEMENTATION AND MONITORING - A report documenting the community benefits realized under this program or an affidavit confirming that the requirements of this section have been met must be submitted to the Community Development Director within 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.

City of Belmont Zoning Ordinance 5A-7

SECTION 5B – HARBOR INDUSTRIAL AREA[1]

Editor’s Note: Current through Ordinance 2023-1171

• 5B.1 HARBOR INDUSTRIAL AREA 1 OR HIA-1 DISTRICT – The following regulations apply in the Harbor Industrial Area 1 or HIA-1 District.

• 5B.1.1 PURPOSE – The HIA-1 District is intended as a pre-zoning designation that applies to the unincorporated area within Belmont’s Sphere of Influence where high density residential uses as well as light industrial, retail, hotel uses and research and development laboratories will be allowed, consistent with the General Plan, upon annexation to the City. This prezoning is adopted under the authority granted to the City by the Government Code and becomes effective at the time of annexation.

• 5B.1.2 PERMITTED USES – Subject to Section 9.5.6, the following are permitted uses.

  • (a) Light manufacturing, processing, packaging, treatment or fabrication of goods and merchandise, provided, however, that no use shall be unduly hazardous or injurious to uses in the vicinity by reason of odor, dust, smoke, noise, vibration, electrical or other disturbances and no outdoor facilities and outdoor storage are permitted.

  • (b) Maintenance and repair services.

  • (c) Multi-family dwellings.

  • (d) Nursery and garden center.

  • (e) Parks and recreational facilities.

  • (f) Personal services located within a mixed use building with multi-family dwellings.

  • (g) Research and development facilities.[2]

  • (h) Restaurants.

  • (i) Retail stores engaged in the selling of retail products and services, including but not limited to art, appliance, auto accessories, building materials and supplies, hardware and variety stores, bakeries, dry cleaning for the retail trade only, hair cutting shops, food and drug stores, and tailor shops, but excluding large floor plate retail with over 25,000 square feet of sales area.

  • (j) 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.

• 5B.1.3 CONDITIONAL USES - Subject to Section 9.5.6, the following uses are allowed with a conditional use permit.

  • (a) Animal hospitals.

1 Added by Ord. 2017-1124, §31, 11/28/2017

2 Amended by Ord. 2023-1171, §3, 5/9/2023

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• (b) Commercial amusement, entertainment, and health club enterprises, which may include a publicly- or privately-owned ice rink.

• (c) Communication facilities, including antennas and transmission towers equipment within buildings.

• (d) Community assembly.

• (e) Day care centers.

• (f) Health clinics.

• (g) Recycling collection facilities.

• (h) Utilities and other major facilities that are determined by the Director not to be minor and accessory to a permitted or conditional use.

• 5B.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.

• 5B.1.5 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities shall be provided in accordance with the provisions of Sections 8 and 8A.

• 5B.1.6 FLOOR AREA RATIO - The maximum floor area ratio in the HIA-1 District shall be 5.0.

• 5B.1.7 TRANSITIONAL YARDS - Transitional yards shall be provided according to the regulations in Section 9.7.5.

• 5B.1.8 DESIGN REVIEW - All new construction and exterior modifications are subject to design review under in Section 13.

• 5B.1.9 LANDSCAPING - All new structures established in this District are subject to landscaping requirements in Section 13.3 and the following additional requirements. Residential and mixed use projects with residential units shall provide a minimum of 10 percent of the site in landscaping plus a minimum of one tree for each 400 square feet of landscape area.

5B.1.10 BUILDING HEIGHT - No building shall exceed 65 feet in height.

• 5B.1.11 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 where an interior lot line abuts a residential zoning district in which case the interior setbacks required of the abutting lot must be provided (e.g. six feet plus two feet for each additional story above two stories for interior side lot lines).

  • (d) On development sites with residential uses, on-site pedestrian circulation and access

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must be provided according to the following standards.

  - (1) _Internal Connections_ . A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. 

  - (2) _To Circulation Network_ . Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, generally no more than 125 percent of the straight line distance. 

  - (3) _To Neighbors_ . Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. 

  - (4) Interior Pedestrian Walkway Design. 

     - (A) Walkways shall have a minimum unobstructed width of six feet and shall be hard-surfaced. 

     - (B) Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. 

     - (C) Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. 

• 5B.1.12 RESIDENTIAL BUILDING DESIGN STANDARDS - All development with residential uses shall conform to the following:

• (a) Building Entrances . The primary pedestrian access to all ground-level residential 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.

  • (b) Outdoor Living Area For Residential Units . A minimum of 36 square feet per unit of outdoor living area must be provided for residential units. This requirement may be met by common or private open space or a combination of the two. Common areas may consist of landscaped areas, patios, swimming pools, barbeque areas, and similar improvements designed to serve residents. Landscaped rooftop gardens may fulfill up to 50 percent of this requirement. Private areas may consist of balconies, decks, fenced yards, and similar areas directly accessible from a unit.

• 5B.2 HARBOR INDUSTRIAL AREA 2 OR HIA-2 DISTRICT – The following regulations apply in the Harbor Industrial Area 2 or HIA-2 District.

• 5B.2.1 PURPOSE – The HIA-2 District is intended as a pre-zoning designation that applies to the unincorporated area within Belmont’s Sphere of Influence where light industrial, retail,

City of Belmont Zoning Ordinance 5B-3

hotel uses and research and development laboratories will be allowed, including large floorplate retail uses, consistent with the General Plan, upon annexation to the City. This pre-zoning is adopted under the authority granted to the City by the Government Code and becomes effective at the time of annexation.

• 5B.2.2 PERMITTED USES – The following uses are permitted.

  • (a) Business services.

  • (b) Light manufacturing, processing, packaging, treatment or fabrication of goods and merchandise, provided, however, that no use shall be unduly hazardous or injurious to uses in the vicinity by reason of odor, dust, smoke, noise, vibration, electrical or other disturbances and no outdoor facilities and outdoor storage are permitted.

  • (c) Maintenance and repair services.

  • (d) Nursery and garden center.

  • (e) Research and development facilities.[3]

  • (f) Restaurants.

  • (g) Retail stores engaged in the selling of retail products and services, including but not limited to art, appliance, auto accessories, building materials and supplies, hardware and variety stores, bakeries, dry cleaning for the retail trade only, hair cutting shops, food and drug stores, and large format retail establishments that sell merchandise and bulk goods for individual consumption.

  • (h) Storage warehouses and facilities for personal storage, including mini-warehouses and mini-storage but excluding outdoor storage.

  • (i) 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.

• 5B.2.3 CONDITIONAL USES - The following uses are allowed with a conditional use permit.

  • (a) Animal hospitals.

• (b) Communication facilities, including antennas and transmission towers equipment within buildings.

  • (c) Recycling collection and processing facilities.

  • (d) Freight/truck terminals and warehouses.

  • (e) Utilities and other major facilities that are determined by the Director not to be minor and accessory to a permitted or conditional use.

• 5B.2.4 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

3 Amended by Ord. 2023-1171, §4, 5/9/2023

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permitted. Where the primary use requires a conditional use permit, ancillary uses shall also require a conditional use permit.

• 5B.2.5 AUTOMOBILE PARKING AND LOADING FACILITIES - Parking and loading facilities shall be provided in accordance with the provisions of Sections 8 and 8A.

• 5B.2.6 FLOOR AREA RATIO - The maximum floor area ratio in the HIA-2 District shall be 5.0.

• 5B.2.7 TRANSITIONAL YARDS - Transitional yards shall be provided according to the regulations in Section 9.7.5.

• 5B.2.8 DESIGN REVIEW - All new construction and exterior modifications are subject to design review under Section 13.

• 5B.2.9 LANDSCAPING - All new structures established in this District shall be subject to landscaping requirements in Section 13.3.

• 5B.2.10 BUILDING HEIGHT - No building shall exceed 65 feet in height.

  • (a) Ground Floor Elevation . The finished floor elevation of commercial development shall not be greater than one foot above the adjacent sidewalk level. Residential development may have a finished floor elevation up to five feet above sidewalk level to provide more interior privacy for residents.

  • (b) Allowed Exceptions . Non-habitable building features such as chimneys (up to 6 feet in width), cupolas, flagpoles, monuments, steeples, roof screens, solar energy facilities, mechanical equipment, and similar structures, covering no more than 20 percent of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet.

  • (c) Sloping Sites . On lots with a grade change of 10 percent or more between two side lot lines or between a front and rear lot line, building height shall be measured for a “reference grade plane”, representing the average of finished ground level adjoining the building at exterior walls. When the finished ground level slopes away from the exterior walls, the reference ground plane shall be established by the lowest point within the area between the building and the adjacent lot line or, if the lot line is more than five feet from the building, between the building and a point five feet from the building.

e average of finished ground level adjoining the building at exterior walls. When the finished ground level slopes away from the exterior walls, the reference ground plane shall be established by the lowest point within the area between the building and the adjacent lot line or, if the lot line is more than five feet from the building, between the building and a point five feet from the building.

• (d) Abutting Residential Districts . The maximum height of a building wall within 50 feet of an abutting residential zoning district, meaning the project site shares a common boundary with the adjacent parcel and is contiguous to it, must not exceed 35 feet. Lots that are across the street or only have a common corner are not abutting. In addition, to protect privacy and minimize sunlight blockage, no structure or building feature shall intercept a 45-degree daylight plane inclined inward starting from a height of 12 feet above existing grade at the abutting residential district lot line.

• 5B.2.11 SITE DEVELOPMENT STANDARDS - All development shall conform to the following:

  • (a) Minimum lot size shall be 7,200 square feet.

City of Belmont Zoning Ordinance 5B-5

• (b) Minimum lot width shall be 60 feet.

• (c) Minimum setback requirements: None except where an interior lot line abuts a residential zoning district in which case the interior setbacks required of the abutting lot must be provided (e.g. six feet plus two feet for each additional story above two stories for interior side lot lines).

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SECTION 5C - PUBLIC AND SEMI-PUBLIC DISTRICT[1]

Editor’s Note: Current through Ordinance 2017-1124

• 5C.1 PUBLIC AND SEMI-PUBLIC OR PS DISTRICT - The PS Public and Semi-Public or PS District applies to all public and community facilities, including city parks and recreation facilities, community centers, the library, public schools, and various publicly-owned facilities and public infrastructure.

• 5C.2 PERMITTED USES – Subject to Section 9.5.6, the following uses are permitted in the PS District.

  • (a) Community centers

  • (b) Cultural facilities

  • (c) Government buildings

  • (d) Parks and recreation facilities

  • (e) Public utility and public service structures

• 5C.3 CONDITIONAL USES – None

• 5C.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.

• 5C.5 DESIGN REVIEW - All new construction and exterior modifications shall be subject to design review in Section 13, except for public schools, which are exempt from review.

• 5C.6 SITE AREA, DIMENSIONS AND COVERAGE LIMITS

  • (a) Minimum lot size: none.

  • (b) Floor area ratio: none.

  • (c) Maximum height: 45 feet unless the Planning Commission approves greater height upon finding that adjacent uses and neighborhoods would not be adversely affected.

  • (d) Minimum setbacks: none, except when abutting a residential district the setback must be the same as the abutting district.

• 5C.7 ADDITIONAL DEVELOPMENT STANDARDS

• (a) Landscaping: All development in this District is subject to landscaping requirements in Section 13.3. In addition, a minimum of 20 percent of the site must be planting area.

  • (b) Off-street parking and loading: All facilities shall conform to the standards in Section 8, as applicable.

1 Added by Ord. 2017-1124, §32, 11/28/2017

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• (c) Truck docks, loading areas, and service area must be located on the interior sides of buildings or in the rear of the site and screened to the extent feasible so as not to be visible from public streets or residential neighborhoods.

City of Belmont Zoning Ordinance 5C-2

SECTION 6 - MANUFACTURING DISTRICTS

Editor’s note: current through Ordinance 2018-1131

• 6.1 MANUFACTURING DISTRICTS ESTABLISHED - Certain classes of districts, designated respectively by the symbols M or M-1 referred to herein as Manufacturing or M Districts, are established for the purposes hereinafter set forth.

• 6.2 LIMITED MANUFACTURING - M-1 DISTRICTS - The M-1 Districts are established to provide for and encourage the grouping together of light industrial uses capable of being operated under such standards, as to location and appearance of buildings and the treatment of the land about them, that they will be unobtrusive and not detrimental to surrounding commercial or residential uses.

• 6.2.1 GENERAL CONDITIONS OF USE - The regulations set forth in this Section shall apply to all land in any M-1 District, and shall be subject to all the general provisions of this Ordinance.

No use shall be permitted, the nature or manner of operation of which shall be determined by the Zoning Administrator, to be unduly hazardous or injurious to other properties in the vicinity or to the general public welfare by reason of the emission of odor, dust, smoke, noise, vibration, electrical or other disturbance.

• (a) Any use which is a Permitted Use in the C-4 Service Commercial Districts.

  • (b) Lumber yard.

  • (c) Planing mill.

  • (d) Public utility, substation, public service structure, shop or storage facility including service yards.

  • (e) Storage warehouse.

  • (g) Light manufacturing, processing, packaging, treatment or fabrication of goods and merchandise.

  • (h) Deleted.[1]

  • (i) Incidental and accessory structures and uses on the same site with and necessary to the operation of a Permitted Use.

• 6.2.3 CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:[2]

  • (a) Animal hospitals.

1 Deleted by Ord. 477, 12/8/71

2 Amended Ord. 2018-1131, §21, 4/24/2018

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• (b) Asphalt or concrete readymix plant.

• (c) Broadcasting tower for radio or television.

• (d) Disposal of garbage or waste material by sanitary land fill or fill and cover methods, or by composting or incineration.

• (e) Mobile home park.

• (f) Reserved.[3]

• (g) Storage, for wholesale or for distribution in bulk, of any flammable liquid.

• (h) Incidental and accessory structures and uses located on the same site with and necessary to the operation of a Conditional Use.

• (i) Truck storage yards and terminals.[4]

• (j) Other uses which, in the opinion of the Planning Commission, are similar to those listed permitted uses.[5 ]

• 6.2.4 LANDSCAPING - All new structures established in this District shall be subject to landscaping requirements as prescribed in Section 13.3 of this Ordinance.[6]

• 6.3 EXCLUSIVE MANUFACTURING - M-E District - The M-E District is established to provide for an environment conducive to the development and protection of specialized manufacturing organizations, large scale administrative facilities and research institutions, all of a non-nuisance type. The district is established to protect the compatibility of the uses located therein as well as to insure that they will not be detrimental to the surrounding, non-manufacturing land uses.[7]

• 6.3.1 GENERAL CONDITIONS OF USE - The regulations set forth in this section shall apply to all land in any M-E District, and shall be subject to all the general provisions of this Ordinance.[8]

No use shall be permitted, the nature or manner of operation of which shall be determined by the Zoning Administrator to be unduly hazardous or injurious to other properties in the vicinity or to the general public welfare by reason of the emission of odor, dust, smoke, noise, vibration, electrical or other disturbance.

• 6.3.2 PERMITTED USES[9]

  • (a) Manufacturing, processing, assembly, packaging, or storage of products and materials, but not including the rendering or refining of fats and oils.

3 Amended by Ord. 2015-1090, §2, 9/8/2015

4 Amended by Ord. 494, 1/10/73

5 Amended by Ord.477, 12/8/71; Ord. 494, 1/10/73

6 Amended by Ord. 641, 2/21/79

7 Amended by Ord. 526, 4/24/74

8 Amended by Ord. 526, 4/24/74

9 Amended by Ord. 526, 4/24/74

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• (b) Administrative and executive offices.

  • (c) Research and development laboratory.

  • (d) Public utilities, substation, public service structure, shop or manufacturing facility including service yards.

  • (e) Storage warehouse.

  • (f) Automobile parking lot.

  • Incidental and accessory structures and uses on the same site with and necessary to the operation of a permitted use.

• 6.3.3 CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:[10]

  • (a) Animal hospitals.

  • (b) Asphalt or concrete ready-mix plant.

  • (c) Broadcasting tower for radio or television.

  • (d) Storage, for wholesale or for distribution in bulk, of any flammable liquid.

  • (e) Incidental and accessory structures and uses located on the same site with and necessary to the operation of a Conditional Use.

• 6.4 CONDITIONS OF USE - In any M District, the above permitted uses are subject to the following:[11]

• 6.4.1 Any assembly, production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall be conducted so as not to create odor, noise, vibrations, smoke or dust in amounts greater than those permitted by appropriate Federal and State Regulations.

• 6.4.2 All business, production, servicing and processing shall take place within completely enclosed buildings, except as may be otherwise specifically authorized.

All storage within 150 feet of the nearest point of any residential district shall be in completely enclosed buildings or structures. Storage located elsewhere in this district may be open to the sky, but shall be enclosed by solid walls or fence, including solid doors or gates thereto, at least six feet high, but in no case lower in height than the enclosed storage. However, open off-street loading facilities and open off-street parking facilities for the storage of motor vehicles may be unenclosed throughout the district except for such screening of parking and loading facilities as may be required under the provisions of Section 8 herein.

10 Amended by Ord. 526, 4/24/74; amended by Ord. 2018-1131, §22, 4/24/2018

11 Amended by Ord. 526, 4/24/74

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• 6.5 SIDE YARD AND REAR YARD - Transitional side and rear yards shall be provided in any M District in accordance with Section 9.7.5 herein.[12]

• 6.6 HEIGHT OF STRUCTURES - The heights of any structure in any M District when located within 50 feet of any R District shall be not greater than the height of structures permitted in such R District.[13]

• 6.7 OFF STREET PARKING AND LOADING - Facilities shall be provided as required or permitted in Section 8.

• 6.8 DESIGN REVIEW - All uses shall be subject to design review as prescribed in Section 13 of this Ordinance.[14]

• 6.9 LANDSCAPING - All new structures established in this District shall be subject to landscaping requirements as prescribed in Section 13.3 of this Ordinance.[15]

12 Amended by Ord. 526, 4/24/74

13 Amended by Ord. 526, 4/24/74

14 Amended by Ord. 526, 4/24/74

15 Amended by Ord. 641, 2/21/79

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SECTION 7 – AGRICULTURAL (REPEALED)[1]

1 Repealed by Ord. 2017-1124, §33, 11/28/2017

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*SECTION 7A - SCHOOLS AND COMPATIBLE MULTIPLE USES

• ** 7A.1 SCHOOLS AND COMPATIBLE MULTIPLE USE DISTRICTS ESTABLISHED - Certain areas of the City, designated by the symbol SC and referred to as School and Compatible Multiple Use Districts, are established to provide for the location of schools and certain other compatible uses within or adjacent to school buildings and structures. This district implements sections of the California Education Code which permit joint occupancy of schools and authorize the use of vacant school property and buildings for certain uses and users which are of a scale and intensity compatible with the public school and its neighborhood (i.e. school attendance area). Such uses and users include nonprofit organizations, community agencies, professional agencies, commercial and noncommercial firms, corporations, partner-ships, businesses and individuals that are consistent with maintaining the residential integrity of the neighborhood. The fundamental objectives of this district are:

  • (a) Maintenance and continued operation of neighborhood schools, including the public recreational uses at the schools, while allowing for the joint occupancy of vacant school property and buildings during periods of less than capacity enrollment.

  • (b) Maintenance of the residential integrity of the public school neighborhood.

  • (c) Involvement of community and neighborhood residents in determining the compatibility of any proposed commercial use as defined herein, use including such considerations as physical location, surroundings and availability of facilities.

• ** 7A.2 PERMITTED USES

  • (a) Public schools and uses by other school districts, federal government or its agencies, the state, county, city and county, city or special districts as permitted and regulated by the State Education Code, as it may be amended.

  • (b) Parochial schools, private schools, and colleges.

  • (c) Activities of religious organizations including regular church services.

  • (d) Private day or residential schools and colleges, including education, business or professional schools.

  • (e) Library and library extension services.

  • (f) Activities and administrative offices of community/charitable organizations, including senior citizens' services.

  • (g) Activities and administrative offices of civic and service organizations, e.g. Rotary, Lions, Kiwanis, Y.M.C.A., etc.

• Section 7A added by Ord. #620, 4/27/78

• ** Amended by Ord. #761, 4/10/87

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• (h) Nursery schools and day care centers.

• (i) Tutorial related services for elementary/secondary age students.

• 7A.3 CONDITIONAL USES

The following uses shall be permitted when authorized by a Conditional Use Permit issued in accordance with the provisions of Sections 7A.4 and 11 herein:

• (a) Commercial recreation.

• (b) Insurance company.

• (c) Employment office.

• (d) Direct mail order house.

• (e) Storage and warehouse completely enclosed within a building and incidental or accessory to another use, and subject to Fire Department approval for safety.

  • (f) Professional studios.

  • (g) Answering services.

  • (h) Public accounting.

  • (i) Tax preparation office.

  • (j) Textbook/newspaper/magazine publishing administrative offices.

  • (k) Professional executive offices.

  • (l) Travel/ticket agency.

  • (m) Computer/data control center specifically excluding the manufacture of computers or computer components.

  • (n) Social services office/administration.

  • (o) Repair, maintenance and storage of vehicles used in a public or private transportation system that includes transportation service within the City of Belmont.

  • (p) New construction (i.e. addition of floor area) to accommodate any non-school use.

  • (q) Trade schools.

• Amended by Ord. #761, 4/10/87

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• (r) Other uses, which the Planning Commission determines are similar and/or accessory to those listed Conditional Uses or uses it determines are appropriate and applicable to a particular school.

• (s) Special education specifically excluding such programs as trade schools, classes for juvenile delinquents, correctional facilities, drug or alcohol dependency/abuse, or similar type programs.

• 7A.4 GENERAL REGULATIONS

  • (a) It shall be the responsibility of the school district to provide for and ensure acceptable separation between the school and non-school use dependent upon such conditions as location, shared facilities and intensity of proposed non-school use.

  • (b) Off-street parking and loading space shall be provided in accordance with Section 8 herein.

  • (c) All commercial uses shall be designed and conducted to minimize noise, traffic congestion, safety hazards, or any other condition that could significantly affect public health, safety or welfare.

  • (d) Use of any school site other than as provided in Section 7A.2(a) shall not be approved until a site utilization plan has been approved by the Planning Commission pursuant to the Conditional Use Permit Provisions of this Ordinance and by the City Council pursuant to the hearing procedures in Government Code Sections 65856 and 65857 or their successors; provided, however, the limitation shall not apply to specific uses lawfully established prior to the effective date of this amendment. However, any new use other than as provided in Section 7A.2(a) shall only be permitted after the approval of a school utilization plan. Such a school utilization plan shall provide for at least the following:

    • 1. A site plan delineating the proposed amount, use and location of space for both school and non-school uses. The plan shall identify vehicle access and parking as related to all existing and proposed uses.

• 2. A list of specific commercial uses to be accommodated on the site. For the purposes of this provision, commercial uses are all those listed Permitted and Conditional Uses, except for those uses provided for under Section 7A.2(a) and (h) of this Ordinance. Each use shall be described in sufficient detail as to permit a clear understanding of any potential site and neighborhood impacts.

     • 3. A minimum five (5) year school enrollment projection, and a statement of the time period the joint occupancy program (if any) for the school shall be in effect.

• Amended by Ord. #761, 4/10/87

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• 4. Such other information as may be required by the Planning Commission.

Once such a utilization plan has been approved by the Planning Commission and City Council, no additional use permit shall be required unless a change is proposed to the approved site plan or list of allowed uses. However, each specific lease shall be reviewed and certified by the Zoning Administrator as conforming with the provisions of the School Utilization Plan. In addition, each approved School Utilization Plan shall be reviewed by the Planning Commission annually at a fully noticed public hearing to insure that the plan and joint occupancy continue to meet the objectives of the SC District.

• (e) No more than thirty percent (30%) of the total district classroom space shall be used for commercial uses. For the purposes of this provision, commercial uses are all those listed Permitted and Conditional Uses, except for those uses provided for under Section 7A.2(a) and (h) of this Ordinance. However, up to forty-five percent (45%) of the total classroom space at any individual school may be leased to commercial uses.

• (f) In addition to all of the preceding requirements, all uses of land in the SC District shall be subject to the general provisions of Section 9 of this Ordinance.

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SECTION 7B – OPEN SPACE PUBLIC[1]

• 7B.1 OPEN SPACE DISTRICTS ESTABLISHED - Certain districts, designated by the symbol OS-P and referred to as Public Open Space Districts, are established to provide for and preserve open space uses of land and to establish standards for such uses. This use of land is generally defined as unimproved land or water area managed and used for public open space purposes including preservation and enhancement of natural resources, outdoor recreation, and public health and safety. This land use may embody multiple open space functions – passive outdoor recreation areas, public trails and connections, and serve to define the suburban area, reduce risk from geologic hazards, and protect public views and wildlife habitat.

The following regulations shall apply in any OS-P District, and shall be subject to all applicable general regulations and provisions of this Ordinance. No structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in a public open space (OS-P) zone, otherwise than in conformance with the provisions of this chapter.

7B.2 PERMITTED USES

• (a) Public park or open space area.

• (b) Public facilities accommodating and supporting passive recreational activities including:

  • Fitness/training paths and equipment

  • Interpretive facilities (kiosks, signs or accessory structures)

  • Non-motorized boating and access facilities

  • Overlooks

  • Picnic facilities (tables, barbeques, fire pits, waste collection etc.)

  • Restrooms

  • Small-scale fishing and viewing docks

  • Trails, trail heads, and trail head parking

• (c) Public buildings and grounds necessary for the public health, safety or welfare.

• (d) Public utility and public service structures or installations necessary for the public health, safety or welfare.

• (e) Maintenance as required to replant native species, protect and promote the natural ecosystem, eliminate exotic plant materials and reduce the potential for wildland fire. Minor maintenance of vegetation such as mowing or trimming.

• (f) Construction or maintenance of minor structures, such as fences, gates, culverts and drainage ditches.

1 Added by Ord. 1072, 11/12/2013

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• 7B.3 CONDITIONAL USES. The following Conditional Uses shall be permitted upon the granting of a Use Permit:[2]

  • (a) None.

• 7B.4 GENERAL REGULATIONS

  • (a) Design Review. Any new public buildings shall be subject to Design Review as prescribed in Section 13 of this Ordinance.

  • (b) Parking. Off-street parking and loading spaces shall be provided in accordance with Section 8 (Parking Regulations) of this Ordinance.

  • (c) Building Height. The maximum building height shall be two stories or 28 feet.

2 Amended Ord. 2018-1131, §23, 4/24/2018

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SECTION 8 - OFF-STREET PARKING AND LOADING[1]

Editor’s Note: Current through Ordinance 2025-1192

• 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.

• 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.

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 8.21, 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 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.

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[1]

1 Added by Ord. 2025-1192, §50, 12/9/2025

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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 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.

ed, 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).

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• (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. 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.

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• 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.

• 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.

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• (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.

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).

• (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

==> picture [222 x 266] intentionally omitted <==

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Table 8.2.3-1: Parking Dimensions

• 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

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  - (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. 

  - (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.

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• (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 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.

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• (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.

• (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

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plant materials located in the interior of a parking lot may not exceed 30 inches in height.

• (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.

  • (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.

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• (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 Code s .

  • (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.

• (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.

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Figure 8.2-4: Parking Location

==> picture [392 x 237] intentionally omitted <==

(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 onsite 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.

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• (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;

  • (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.

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• (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.

• (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.

8.4.1 MINIMUM. Two short-term (Class 2) bicycle parking spaces are required per site plus the following:

• (a) Multi-family Residential Uses. 1 additional Class 1 space per 20 units.

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• (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.

• (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.

  • (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.

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• (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.

• (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

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basis after posting a notice of removal warning on such bicycles for one month. This requirement does not preclude provision of seasonal bicycle storage.

• 8.5.1 NUMBER OF SPACES REQUIRED. The off-street loading requirements are specified in Table 8.5-1 below.

• 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.

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• 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.

• (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.

  • (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.

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• 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.

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SECTION 8 - OFF-STREET PARKING AND LOADING[1]

Editor’s Note: Current through Ordinance 2025-1192

• 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.

• 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 8.21, 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 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.

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[1]

1 Added by Ord. 2025-1192, §50, 12/9/2025

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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.

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]

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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 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.

ed, 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

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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. 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.

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  - (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.

• 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.

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• (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.

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).

• (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

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==> picture [222 x 267] intentionally omitted <==

Table 8.2.3-1: Parking Dimensions

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.

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• (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:

• (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.

• (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.

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  - (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 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.

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• 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.

  • (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.

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• (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.

• (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.

  • (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.

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  - (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 Code s .

  • (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.

• (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

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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

==> picture [392 x 237] intentionally omitted <==

(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

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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 onsite 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 
  
  - (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

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• (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;

  • (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.

• (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

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• (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.

• 8.4.1 MINIMUM. Two short-term (Class 2) bicycle parking spaces are required per site plus the following:

  • (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.

• (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.

• (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

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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.

• (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 .

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• (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.

• (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.

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Each additional 40,000 gross square 1 large feet or fraction of one-half or more thereof

• 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.

• (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.

• (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.

City of Belmont Zoning Ordinance

8-20

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.

City of Belmont Zoning Ordinance 8-21

SECTION 9 - GENERAL REGULATIONS

Editor’s Note: Current through Ordinance 2025-1192

The provisions of this Ordinance shall be subject to the following general regulations, special provisions, and exceptions.

• 9.1 CONFORMITY REQUIRED - Except as otherwise provided herein, land buildings and premises in any district shall hereafter be used only in accordance with the regulations herein established for that district.

No building shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, proportion of coverage, or smaller yards, or open spaces about it than permissible under the limitations set forth herein for the district in which such building is located.

No yard, open space or off-street parking space, or loading space existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this Ordinance shall be considered as all or part of the yard, open space, off-street parking space, or loading space required for any other building or upon any other lot; except as provided in Section 8.2.3 for the joint or collective use of parking space.

No lot existing at the effective date of this Ordinance shall be reduced in dimension or area in relation to any building thereon so as to be smaller than required by this Ordinance; and, if already less, the dimension or area of such lot shall not be further reduced.

• 9.2 Reserved.[1]

• 9.3 LOTS OF RECORD - Any single lot or parcel of land, which was of record and a legal lot at the time of adoption of this Ordinance, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized for a Permitted Use, if all other requirements of this Ordinance are met; provided, however, that when two or more lots or parcels of land, each of which lacks area and/or dimension adequate to qualify for a Permitted Use under the requirements of the use district in which they are located are contiguous and are held in one ownership, they shall be used as one building site for such Permitted Use.

• 9.4 ACCESS TO PUBLIC STREETS - No building shall be constructed or erected upon any lot unless such lot abuts upon a public street, or upon a lot having a permanent access easement to a public street which was of record prior to the effective date of this Ordinance. No lot shall be deemed to abut upon a street unless it has a frontage thereon of not less than 30 feet and a lot width of not less than 30 feet for a depth of 100 feet from the front lot line.

• 9.5 USES - EXCEPTION AND PROVISIONS

• 9.5.1 Repealed.[2]

• 9.5.2 TEMPORARY USES - The Zoning Administrator may issue a zoning certificate, upon application, for lawful temporary uses of property as specified in this and the following

1 Amended by Ord. 2018-1131, §30, 4/24/2018

2 Amended by Ord. 2018-1131, §31, 4/24/2018

Sections. Approval may be made contingent upon such conditions and time limitations as are reasonably necessary to secure the public welfare. The violation of any such condition shall be grounds for the revocation of the certificate and of any permit or license issued thereunder. The Zoning Administrator shall require guarantees to assure removal of the temporary use and of any debris or refuse resultant therefrom, so as to restore the premises to its prior condition and shall establish the date of such removal.

• (a) Tract and Sales Offices - A temporary zoning certificate may be issued upon application for a tract and sales office in an R District during the period of construction or sale of homes in a new subdivision, located either in a dwelling or in a temporary structure located not less than 20 feet from any other structure. Such office or temporary structure shall be removed and the entire premises shall be restored to conform to the district regulations within ten days after the expiration of the period of time specified in the certificate.

• (b) Uses Incidental to Construction - The Zoning Administrator may issue a zoning certificate for temporary buildings and uses incidental to the construction of a building or group of buildings on same or adjacent premises subject to the applicable provisions of this Ordinance.

• (c) Non-profit Functions - A temporary zoning certificate, for a period not to exceed 15 days, may be issued for school, church, service club or other functions which are clearly of a non-profit or charitable nature provided the Zoning Administrator finds that the proposed use:3

  • (1) Is consistent with the purposes of the district

  • (2) Has the same basic characteristics as uses permitted in the district

  • (3) Will not be detrimental to the public health, safety or welfare.

  • (4) Will not adversely affect the character of the district

  • (5) Will not create more vehicular traffic than the volume normally created by uses permitted in the district.

  • (6) Will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by uses permitted in the district.

• (d) Seasonal Holiday Sales Lots - A temporary zoning certificate may be issued for Christmas tree and Halloween pumpkin retail sales lots of a period not to exceed 40 days.4

• 9.5.3 ACCESSORY USES - An accessory use, as defined and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.

• 9.5.4 ACCESSORY BUILDINGS[5]

3 Amended by Ord. 366, 5/22/67; Ord. 2018-1131, §32, 4/24/2018

4 Amended by Ord. 366, 5/22/67; Ord. 781, 12/8/67

5 Amended by Ord. 2025-1192, §51, 12/9/2025; Amended by Ord. 2017-1118, §31, 5/23/2017

• (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.

• 9.5.5 RECYCLING COLLECTION FACILITIES[6]

  • (a) Size . Recycling collection facilities must not exceed a building site footprint of 350 square feet.

  • (b) Setback . Facilities must not be located within a required setback.

  • (c) Use . Collection facilities, which include donation bins, shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with approval of the Fire Chief and in accord with all federal, State, and City regulations.

  • (d) Equipment . No power-driven processing equipment, except for reverse vending machines, can be used.

  • (e) Containers . Recycling collection facilities shall use containers that are constructed and maintained with durable waterproof and rust-proof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule. Containers for the 24-hour donation of materials shall be at least 30 feet from any lot in a residential zoning districts or occupied by a residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

  • (f) Site Maintenance . Recycling facility sites must be maintained clean, sanitary, and free of litter and any other undesirable materials.

  • (g) Hours of Operation . Recycling collection facilities located within 75 feet of a lot in a residential zoning district or a lot occupied by a residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

  • (h) Identification . Containers must be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator, and the hours of operation.

  • (i) Signs . The maximum sign area is limited to 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container.

  • (j) Parking . No additional parking spaces are required for customers of a small collection facility located at the established parking lot of a host use. One space must be provided for

6 Added by Ord. 2017-1124, §35, 11/28/2017

the attendant. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

• 9.5.6 USES IN SAN CARLOS AIRPORT SAFETY ZONES[7] - For properties located within San Carlos Airport Safety Zones 4 or 6, uses must comply with the airport land use compatibility criteria listed in Table 4-4 of the San Carlos ALUCP. Some uses may be incompatible in safety zones. Project sponsors in the airport environs must determine whether they are required to file Form 460-1 notice of proposed construction or alteration with the Federal Aviation Administration (FAA), in accordance with airspace protection Policy 2. Project applicants who are required to submit a Form 7460-1 to the FAA must provide the local government permitting agency with a copy of the FAA's study findings with their applications for development approval.

• 9.6 NONCONFORMING USES AND STRUCTURES

• 9.6.1 CONTINUATION AND MAINTENANCE - A use lawfully occupying a structure or a site on the effective date of this Ordinance or of amendments thereto, which does not conform with the use regulations for the district in which the use is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this Section.

A structure lawfully occupying a site on the effective date of this Ordinance or of amendments thereto which does not conform with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this Section.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure.

• 9.6.2 ALTERATIONS AND ADDITIONS TO NONCONFORMING USES[8] - No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use, or is essential to the improvement of the public health and safety as required by local, state, or federal statutes for the protection of the environment.

No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on the effective date of this Ordinance or of the amendment thereto which caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

• (a) No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front

7 Added by Ord. 2017-1124, §36, 11/28/2017

8 Amended by Ord. 722, 11/1/84

9 Amended by Ord. 2016-1100, §22, 2/23/2016

yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located.

• (b) For purposes of this section, additions to single family homes in a single family residential District shall comply with applicable current setback and height requirements, except that building walls may extend along a legal non-conforming side yard setback line, if the wall does not reduce the existing setback and maintains no less than a five-foot side yard setback for interior lot lines and a ten-foot side yard setback for exterior lot lines (street side yards). Extension of legal non-conforming side yard setbacks shall comply with the requirements of the Residential Design Criteria and Residential Design Guidelines, as applicable.

• 9.6.4 CHANGE OF USE, ABANDONMENT OF NONCONFORMING USE - A nonconforming use of a structure or site shall not be changed to another nonconforming use.

Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of 90 days, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

• 9.6.5 RESTORATION OF A DAMAGED STRUCTURE - Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located, shall be destroyed by fire or other calamity to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion.

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which it is located, shall be destroyed by fire or other calamity to a greater extent than 50 percent, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed; provided, however, that:

ulations for the district in which it is located, shall be destroyed by fire or other calamity to a greater extent than 50 percent, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed; provided, however, that:

• (a) Any residential structure which was constructed in conformance with the Code requirements relating to coverage, front, side and rear yard, height of structure and distance between structures in effect at the time the building permit for said structure was issued, and which is legal use at the time of adoption of this Ordinance may, if destroyed by fire or other calamity to a greater extent than 50 percent, be restored so as to conform to the standards of lot coverage, front, side and rear yard, height of structure and distance between structures maintained by said structure at the time of its destruction; provided further that such reconstruction shall be in accordance with all other provisions of this Code and applicable City Ordinances.

• (b) The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made or shall be reviewed and approved by the Zoning Administrator.

• 9.6.6 ELIMINATION OF NONCONFORMING USES - The following nonconforming uses shall be discontinued and removed from their sites within 3 years from the effective date of this Ordinance.

  • (a) A nonconforming use which does not occupy a structure.

  • (b) A nonconforming use occupying a structure having an assessed valuation of less than $500.00.

  • (c) A nonconforming sign, billboard or outdoor advertising structure, except an identification sign or signs with an aggregate area of not more than 36 square feet pertaining to use conducted on the site.

  • (d) A nonconforming fence.

• 9.6.7 SCHEDULE FOR DISCONTINUANCE - Provided that a nonconforming use other than a use prescribed in paragraphs (a), (b), (c) and (d) of this Section shall be permitted to continue for not more than 20 years following the effective date of this Ordinance, all other non-conforming uses in all zoning districts, except multiple dwellings in the R-1 Residential Districts, one family residences in the R-2, R-3, R-4 and R-5 Multiple Dwelling Districts, and one family residences, lodging and multiple dwellings in the C-1 Neighborhood Shopping Districts, shall be discontinued and removed from their sites in accordance with the following schedule:

  • (a) For a use occupying a structure defined in the Building Code of the City as Type I, 50 years from the date the structure originally was erected.

  • (b) For a use occupying a structure defined in the Building Code of the City as Type II or Type III, 40 years from the date the structure originally was erected.

• (c) For a use occupying a structure defined in the Building Code of the City as Type IV or Type V, 35 years from the date the structure originally was erected.

• 9.6.8 ELIMINATION OF NONCONFORMING STRUCTURES - A structure having an assessed valuation of less than $500.00 which does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located shall be removed from its site within three years from the effective date of this Ordinance, except that if the structure is altered to comply with such standards, this provision shall not apply.

• 9.6.9 TIME WHEN USE OR STRUCTURE BECOMES NONCONFORMING - Whenever a use or a structure becomes nonconforming because of change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this Section for the elimination of the use or the removal of the structure shall be computed from the effective date of the change of district or regulations.

• 9.6.10 NONCONFORMITY WITH DEVELOPMENT STANDARDS[10]

10 Amended by Ord. 474, 6/28/71; Ord. 2018-1131, §32, 4/24/2018

Nonconforming Outdoor Storage - Existing uses involving outside storage not conforming to the provisions of this Ordinance shall, within two years, bring the premises into conformity.

• 9.7 YARD AND SETBACK REQUIREMENTS – EXCEPTIONS - Certain structures within and projections into required yard areas are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculation of coverage, unless otherwise specified.

• 9.7.l PERMITTED IN ANY YARD

  • (a) Cornices, canopies, eaves or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than 30 inches.

  • (b) Unroofed exterior stairs, landings and decks of open design which project 30 inches or less in height from finished grade.[ 11]

  • (c) Unroofed exterior stairs, landings and decks of open design which project 30 inches or more in height from finished grade, which[12]

    • (1) Project no more than 6 feet into the required front or rear yard or

    • (2) Project no more than 3 feet into the required side yard and are no greater than the minimum size required by the California Building Code, and

    • (3) Do not extend above the entry level of the home, except for the railing.

  • (d) Chimney, not more than eight feet in width and projecting not more than 24 inches.

  • (e) Flagpole, garden ornament.

  • (f) Fences, walls or lattice-work screens having a height of not more than six feet above any portion of the adjoining ground level, provided that no such fence, wall lattice-work screen or any hedge shall exceed three and one half feet in height when located in any front setback area within 40 feet of a street intersection.

• (g) Driveway bridges including all structural components, walls, piers, etc., which are required to provide vehicular access to on-site parking are permitted within the required front and side yards.[ 13]

  • (h) Uncovered parking spaces required in conjunction with the creation of an Accessory Dwelling Unit under Section 24.[14]

• 9.7.2 PERMITTED IN FRONT AND REAR YARDS

  • (a) One story bay windows projecting not more than three feet into the yard.

11 Amended by Ord. 2016-1100, §23, 2/23/2016

12 Amended by Ord. 623, 4/24/78

13 Amended by Ord. 2016-1100, §23, 2/23/2016

14 Amended by Ord. 2017-1118, §32, 5/23/2017

• (b) Unroofed balcony, provided that no such balcony shall project into any required front yard nor more than four feet into a rear yard.

• 9.7.3 YARD REQUIREMENTS - ACCESSORY USES

  • (a) In any R District, garden structures (e.g., pergola, arbor, trellis, etc.) that do not require a building permit and otherwise meet building standards may occupy any yard area.[15]

  • (b) Accessory buildings (i.e. garages, accessory dwelling units, and storage sheds) may occupy part of the yard area subject to the limitations contained in Sections 4, 9, and 24, and shall be included in the calculation of floor area ratio (FAR), when the floor to ceiling distance of such buildings is greater than or equal to six feet and six inches in height.[16]

  • (c) A distance of not less than five (5) feet shall be maintained between any accessory building and the main building on a lot or parcel.[17]

  • (d) In any C District, all storage shall be enclosed by solid walls or fence, including solid door or gates thereto, at least six (6) feet high, but in no case lower in height than the enclosed storage. Said storage areas may be open to the sky; however, open off-street load facilities and open off-street parking facilities for the parking of motor vehicles may be unenclosed throughout the District except for such screening of parking and loading facilities as may be required under the provisions of Section 8 herein. Storage is defined as:[18 ]

(STORAGE - OUTDOOR) - The maintenance, depository or warehousing of any material, including but not limited to refuse, containers, machinery or other similar goods, for more than seven (7) consecutive days in an area outside of a building.

• 9.7.4 FRONT SETBACK - EXCEPTION - In any R District the front yard setback may not be smaller than the building setback line shown on the approved subdivision map for the lot.[19]

• 9.7.5 TRANSITIONAL YARDS - C AND M DISTRICTS - Wherever a C or M District adjoins an R District, transitional yards shall be provided in accordance with the following regulations:

  • (a) When lots in any C or M District front on a street and at least 80 percent of the frontage directly across the street between the two consecutive intersection streets is in an R District, a 15-foot front yard shall be maintained on the lots in the C or M District.

• (b) In a C or M District where a side lot line coincides with a side or rear lot line of property in an adjacent R District, a yard shall be provided along such side lot line, such yard shall be equal in dimension to the minimum side yard which would be required under this Ordinance for the R use permitted on the adjacent property.

  • (c) In a C or M District, where a rear lot line coincides with a side lot line of property in an adjacent R District, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard, which would be required under the R use permitted on the adjacent property.

15 Amended by Ord. 2017-1118, §33, 5/23/2017 16 Amended by Ord. 2017-1118, §33, 5/23/2017

17 Amended by Ord. 366, 5/22/67

18 Amended by Ord. 577, 8/9/76

19 Amended by Ord. 2016-1100, §24, 2/23/2016

• (d) In a C or M District, where a rear lot line coincides with a rear lot line of property in an adjacent R District, a yard shall be provided along such rear lot line. Such yard shall be not less than ten feet in depth.

• (e) In a C or M District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in an R District, a yard equal in depth to the minimum front yard required by this Ordinance on such adjacent lot in the R District shall be provided along such front or side lot line for a distance of at least 50 feet, including the width of an intervening alley, from such lot in the R District.

• (f) All required yards shall be unobstructed from the ground to the sky except as allowed in Section 9.7.

• 9.8 ZONING RIGHTS-OF-WAY - All streets, alley, railroad rights-of-way, waterways and other public ways, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon such alley, streets, public ways, waterways and railroad rights-of-way.

• 9.9 MOST RESTRICTIVE REGULATIONS GOVERN - Wherever the regulations made under the authority of this Ordinance require a greater width or size yards or courts, are more restrictive as to the height of buildings or permit a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose standards which are more restrictive than are required by any other City Ordinance or regulations, the provisions of any other City Ordinance or regulations require a greater width or size of yards or courts, or are more restrictive as to the height of building or permit of a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other standards which are more restrictive than are required by the regulations contained herein, the provisions of such Ordinance or regulation shall govern.

• 9.9.1 PUBLIC SERVICES EXEMPTED - This Ordinance shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all Federal, State, County and City regulations:

• (a) Public street or highway.

  • (b) Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distributing and transmitting equipment for telephone or other communications, electric power, gas, water and sewer lines provided that the installation shall conform when applicable with the rules and regulations of any Federal or State Commissions and Agencies, or any other authorities having jurisdiction and subject to other City Ordinances, provisions, rules and regulations.

  • (c) Railroad right-of-way, excluding yards and stations.

  • (d) Incidental appurtenances to any of the above.

• 9.9.2 COMMISSION REPORTS - The regular Minutes of the Planning Commission shall constitute a written report on any Commission action included in such Minutes.

• 9.9.3 GEOLOGIC HAZARDS - Any action taken under this ordinance shall conform to requirements for geotechnical and geologic investigations as set forth in Section 7-12 (a-d) of

the City Code. In the event of conflicting statements regarding permissible uses, Section 7-12(d) shall govern.[20]

• 9.10. CANNABIS BUSINESSES. The use of land for cannabis business activity, including any commercial cannabis activity requiring a license under Business and Professions Code Division 10, is prohibited in all zoning districts and specific plan areas except as provided in Section 9.10.1.[21]

• 9.10.1 Retail sale and distribution of cannabis may be allowed in the S-3 District as provided in Section 21.4.2.[22]

20 Amended by Ord. 796, 6/21/88

21 Amended by Ord. 2017-1128, §6, 12/12/2017; Ord. 2023-1173, §3, 11/14/2023

22 Added by Ord. 2023-1173, §3, 11/14/2023

SECTION 10 - PLANNING PROCEDURES[1]

Editor’s note: current through Ordinance 2025-1192

• 10.1 Public Hearings 10.2 Service of Notice 10.3 Zoning Administrator 10.4 Entitlement Applications 10.5 Entitlement Review

• 10.6 Variances

• 10.7 Use Permits

• 10.8 Reasonable Accomodations

• 10.9 Revoking or Modifying Entitlements For Cause

• 10.10 Discontinuance of Use Permit, Variance, or Nonconforming Use

• 10.11 Review of Entitlement Decisions

• 10.12 Error

• 10.1 PUBLIC HEARINGS. This section describes the procedure for noticing public hearings required by other Sections of the Zoning Ordinance.

• 10.1.1 General Notice . When notice of a public hearing is required to be given under this Section, notice is given in all of the following ways:

  • (a) Mailing . Notice of the hearing is mailed or delivered at least 10 days before the hearing to all of the following:

    • (1) Applicant . The project applicant, if other than the city.

    • (2) Persons Requesting Notice . Any person who has filed a written request for notice with the Zoning Administrator under Government Code Section 65092. Requests for notice must be accompanied by the fee established by the Council and annually renewed.

  • (b) Posting . Notice of the hearing is posted at least 10 days before the hearing as follows:

• (1) In at least three public places in the city, one of which may be satisfied by posting as provided in subsection (b)(2) or in Section 10.1.3(b).

  - (2) An applicant seeking an entitlement for a specific property must post a copy of the notice, provided by the City, at the front property line of the property subject to the entitlement request, in a manner readable from the public right-of way. 
  

• 10.1.2 Owners and Agencies. When notice of a public hearing is required to be given under this Section, notice of the hearing is given as provided in 10.1.1 and is mailed or delivered at least 10 days before the hearing to:

1 Section 10 was substantially rewritten by Ord. 2018-1131, 4/24/2018; previously amended by 2015-1083, 1/27/2015; Ord. 906, 7/11/96; Ord. 717, 3/13/84; Ord. 591, 1/24/77; Ord. 520, 11/26/73; Ord. 502, 2/23/73; Ord. 464, 3/22/71; Ord. 404, 11/12/68

City of Belmont Zoning Ordinance

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• (a) Owner . The owner of any real property that is the subject of the application, and owner’s duly authorized agent, if any.

• (b) Local Agencies . Each local agency expected to provide water, sewage, highways, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

• 10.1.3 Area Notice . When notice of a public hearing is required to be given under this Section, notice is given as provided in 10.1.1 and 10.1.2, and at least 10 days before the hearing is given as follows:

  • (a) Notice is mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor that contain more recent information than the assessment roll may be utilized.

  • (b) Posted notice under Section 10.1.1(b) must include the area directly affected by the proceeding, if any.

• 10.1.4 Additional Notice . The city may give notice in any other manner it deems necessary or desirable in addition to the notice required by this section. This may include publishing the notice at least once in a newspaper of general circulation within the county at least 10 days before the hearing.

• 10.1.5 Content of Notice.

  • (a) Notice of a public hearing on an entitlement application shall include the date, time and place of the public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, including any proposed environmental determination and action, any recommendation of the planning commission or other advisory body, and a general description, in text or by diagram, of the location of real property, if any, that is the subject of the hearing.

  • (b) In accordance with Government Code Section 65009(b), all public notices related to projects within the scope of the state Planning and Zoning Law must include notice stating substantially all of the following:

“If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Administrator at, or prior to, the public hearing.”

• (c) The city may require project applicants to provide all information and materials needed to give notice.

• 10.1.6 Failure to receive notice . The failure of the city to give notice or the failure of any person or entity to receive notice of a public hearing shall not constitute grounds to invalidate the actions for which the notice was given.

• 10.1.7 Continuances . A public hearing may be continued from time to time to a date certain without the need for additional public notice.

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• 10.1.8 Notice for drive-through facilities . Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, or regarding a permit for a drivethrough facility or modification of an existing drive-through facility permit, the city shall notify the blind, aged and disabled communities in order to facilitate their participation in the hearing process.

• 10.2 SERVICE OF NOTICE. Except as otherwise provided, service of notice is governed by Belmont City Code Section 1-12.

• 10.3 ZONING ADMINISTRATOR[2] . 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 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.

• 10.3.1 Duty and Authority – The duties of the Zoning Administrator are set forth in Government Code Section 65901 and this Ordinance. The Zoning Administrator shall administer, interpret and enforce the provisions of this Ordinance and in performance of these duties shall:

  • (a) Receive and examine applications for and issue Zoning Certificates, and maintain permanent records thereof.

  • (b) Conduct such inspections of buildings, structures and use of land as are necessary to determine compliance with the terms of this Ordinance.

  • (c) Maintain permanent and current records of applications for all Amendments, Variances, Conditional Use Permits, and Design Review, and of the hearings and actions thereon.

  • (d) Provide and maintain a continuing program of public information on zoning matters.

  • (e) Order the abatement of violations of the Zoning Ordinance and aid in the prosecution of such violations.

  • (f) Receive, file and transmit to the Planning Commission all applications, petitions and other communications upon which the Commission is required hereby to act.

• 10.3.2 Use Classification Interpretation .

• (a) This Section provides a procedure for determining whether the characteristics of a proposed use which is not specifically listed as a permitted or conditional use in one or more districts are sufficiently similar to a listed use to justify a finding that the use should be deemed a permitted or a conditional use in one or more districts.

  • (b) A property owner whose property is located in the district affected by a proposed interpretation may request a use interpretation by filing an application in compliance with Section 10.4.

2 Amended by Ord. 2025-1192, §52, 12/9/2025

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• (c) The Zoning Administrator shall consider and act upon all requests for a use interpretation.

• (d) The Zoning Administrator may determine that a use be deemed a permitted or a conditional use in one or more districts if the following findings are made:

  • (1) The use is consistent with the purposes of the district

  • (2) The use has the same basic characteristics and is sufficiently similar to uses permitted in the district, taking into account is nature, function, and operation.

  • (3) The use will not be detrimental to the public health, safety or welfare.

  • (4) The use will not adversely affect the character of the district.

  • (5) The use will not create more vehicular traffic than the volume normally created by uses permitted in the district.

  • (6) The use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by uses permitted in the district.

• 10.4 ENTITLEMENT APPLICATIONS. This Section applies to applications for new or amended zoning permits, approvals or use interpretations under the Zoning Ordinance, which are referred herein as administrative entitlements, and to applications to amendment the General Plan, specific plans, and zoning regulations, which are referred to as legislative entitlements. Administrative and legislative entitlements are collectively referred to as zoning entitlements

• 10.4.1 Form . Applications for a zoning entitlement must be made to the Zoning Administrator on a form prescribed by that office.

• 10.4.2 Contents. The application must include the following.

  • (a) Name and address of the applicant, and the applicant’s authorized agent, if any.

  • (b) Applications seeking entitlements affecting particular real property must be accompanied by the following.

    • (1) A statement certifying under penalty of perjury that the applicant is the owner of the property or the authorized agent of the owner.

    • (2) The address or description of property.

    • (3) An accurate scale drawing of the site showing the contours at intervals of not more than 5 feet and the locations of any existing and proposed streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. This requirement may be waived or modified by the Zoning Administrator.

• (4) A detailed statement indicating the precise manner of compliance with each applicable plan, program, policy, ordinance, standard, requirement or similar

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provision applicable to the entitlements sought, together with any other data pertinent to the findings prerequisite to the granting of the permit or approval, as required by the Zoning Administrator

• (c) Such other information, plans, maps and data that the Zoning Administrator determines are necessary for evaluating applications for particular entitlements or will assist the reviewing authority in making a determination in harmony with the requirements of this Ordinance.

• (d) A statement that the applicant agrees to defend, indemnify, and hold harmless the city and its agents, officers, and employees from any action, claim, or proceeding brought against the city or its agents, officers, or employees which challenges the validity of any zoning entitlement approval by the city.

• 10.4.3 Resubmittal. An application for a zoning entitlement which has been denied or revoked may not be resubmitted in either the same or substantially the same form or with reference to substantially the same premises for substantially the same purpose within one year from the date of the denial, or revocation.