Belmont Zoning Code § 10.8

• (a) An applicant may request an alternative application format if necessary to ensure accessibility.

• (b) The applicant may be the person with the disability or his or her representative.

• (c) The application must include:

  • (1) The basis for the claim that the individual is considered disabled under fair housing laws;

  • (2) The zoning provision, regulation or policy from which reasonable accommodation is being requested;

  • (3) An explanation why the reasonable accommodation is necessary to make the specific property accessible to the individual;

  • (4) Plans showing the details of the proposal.

• (d) If the project for which the request for reasonable accommodation is being made also requires some discretionary approval under this Ordinance (including but not limited to a conditional use permit, design review, variance, or zoning amendment), the application for reasonable accommodation must be submitted and reviewed with related applications.[4]

4 Amended by Ord. 2025-1192, §53, 12/9/2025

City of Belmont Zoning Ordinance

10-11

• (a) If the application is filed without any accompanying application for another zoning entitlement, the Zoning Administrator shall make a written determination within 45 days and either grant, grant with modifications or deny a request for reasonable accommodation.

  • (b) If the application is filed with an application for another zoning entitlement, it shall be heard and acted upon at the same time and in the same manner as the other application, and shall be subject to all of the same procedures.

• 10.8.4 Findings And Decision .[5]

  • (a) Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth in this subsection. An application under this Section for a reasonable accommodation shall be granted if all of the following findings are made:

    • (1) The housing, which is the subject of the request, will be used by an individual disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

    • (2) The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

    • (3) The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

    • (4) The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

    • (5) There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.

  • (b) In granting a request for reasonable accommodation, the approving authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (a).

• 10.9 REVOKING OR MODIFYING ENTITLEMENTS FOR CAUSE

  • (a) If the Zoning Administrator determines that there is reasonable cause to revoke or modify an entitlement, he or she shall schedule a hearing before the Planning Commission or City Council, whichever originally took final action on the entitlement. If the Zoning Administrator or Community Development Director approved the entitlement, then the hearing shall be scheduled before the City Council. Notice of the public hearing shall be given as provided in Section 10.1.2.

5 Amended by Ord. 2025-1192, §54, 12/9/2025

City of Belmont Zoning Ordinance

10-12

• (b) The reviewing authority shall conduct a public hearing before revoking or modifying the entitlement. The reviewing authority may revoke or modify the entitlement if it makes one of the following findings based upon substantial evidence in the record of the proceeding:

  • (1) The entitlement was obtained by misrepresentation or fraud;

  • (2) The terms or conditions of approval for the entitlement have not been met;

• (3) The improvement, use, or activity authorized by the entitlement is in violation of any statute, ordinance, law, or regulation or constitutes a nuisance; or

  • (4) The owner or occupant of the property is conducting the use or any associated or other use of the property in violation of any statute, ordinance, law, or regulation or in a manner that constitutes a nuisance.

• (c) The city’s authority to modify or revoke an entitlement, as provided in this section, is cumulative to any other remedy allowed by law.