26.6 INCENTIVES. — Belmont Zoning Code

(a) The number of incentives granted shall be based upon the number the applicant is entitled under the State Density Bonus Law.
(b) An incentive includes a reduction in site development standards or a modification of zoning code requirements or architectural requirements that result in identifiable, financially sufficient and actual cost reductions. An incentive may be the approval of mixed use zoning (e.g., commercial) in conjunction with a housing project if the mixed use will reduce the cost of the housing development and is compatible with the housing project. An incentive may, but need not be, the provision of a direct financial incentive, such as the waiver of fees.
(c) A requested incentive may be denied only for those reasons provided in State Density Bonus Law. Denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.

City of Belmont Zoning Ordinance 26-2

26.7 DISCRETIONARY APPROVAL AUTHORITY RETAINED. The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change or other discretionary approval, the city retains discretion to make or not make the required findings for approval of the base project.
26.8 WAIVERS. A waiver is a modification to a development standard such that construction at the increased density would be physically possible. Modifications to floor area ratio in an amount equivalent to the percentage density bonus utilized shall be allowable as a waiver. Requests for an increase in floor area ratio above that equivalent percentage shall be considered a request for an incentive. Other development standards include, but are not limited to, a height limitation, a setback requirement, an on-site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to make the project physically possible to construct at the increased density. To be entitled to the requested waiver, the applicant must show that without the waiver, the project would be physically impossible to construct. There is no limit on the number of waivers.
26.9 AFFORDABLE HOUSING AGREEMENT. Before project approval, the applicant must enter into an affordable housing agreement with the city, to be executed by the city manager, to the satisfaction of the city attorney guaranteeing the affordability of the rental or ownership units for a minimum of thirty (30) years and identifying the type, size and location of each affordable unit, and containing requirements for administration, reporting and monitoring. The agreement must be recorded in the San Mateo County recorder’s office.
26.10 DESIGN AND QUALITY.
(a) Affordable units must be constructed concurrently with market rate units and must be integrated into the project.
- (b) Affordable units must be of equal design and quality as the market rate units.
- (c) Exteriors and interiors, including architecture, elevations, floor plans, interior finishes and amenities of the affordable units must be similar to the market rate units.
- (d) The number of bedrooms in the affordable units must be consistent with the mix of market rate units.
- (e) The requirements of subsections (a) through (d) may be waived or modified on a case by case basis for affordable housing units developed for special groups, including housing for special needs or seniors.
- (f) Parking standards shall be modified as allowable under State Density Bonus Law and anything beyond those standards shall be considered a request for an incentive.

City of Belmont Zoning Ordinance 26-3