Belmont Zoning Code § 13.5 Standards for Approval

• (a) The reviewing body must approve or conditionally approve Design Review for a project that is defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) unless it makes one of the following findings supported by a preponderance of the evidence in the record:

  • (1) The project does not comply with all applicable objective general plan, zoning, subdivision and development standards including objective design review standards.

  • (2) The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density.

• (b) As used in subsection (a), a “specific, adverse impact” is defined by Government Code Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact,

3 Amended by Ord. 2025-1192, §57, 12/9/2025

City of Belmont Zoning Ordinance

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based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

• 13.5.2 OTHER DEVELOPMENT PROJECTS. The reviewing body may approve or conditionally approve Design Review for a project that is not defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) if it makes the following findings:

  • (a) City staff and consultants have provided technical review and conditions of approval are included, as applicable, regarding project-related traffic, parking, grading, drainage, storm-water runoff, sanitary sewer impacts, vehicular and pedestrian access, site circulation, site stability, structural encroachments, and construction impacts.

  • (b) The project is consistent with the landscape standards under Sections 13.3.1 as applicable.

  • (c) The project is consistent with the development standards in the underlying zoning district.

  • (d) The project is consistent with the objective design standards in Section 13.6 as applicable.

• 13.6 OBJECTIVE DESIGN STANDARDS.[4] The objective design standards under Section 13.6 apply to new or substantially modified buildings within the scope of Section 13.2 unless the regulations for the particular use or district provide otherwise. For the purposes of this Section, a substantial modification means an addition of, or an alteration to, more than 50% of exterior building walls of the existing building.