Background Material

MEETING OF MARCH 1, 2016
AGENDA ITEM NO. 5B
Application I.D.: 2014-0025
Application Type: Variance, Floor Area Exception & Single Family Design
Review
Location: Vacant Lot on Arthur Avenue
Applicant: Alex Mortazavi
Owner: Elie Mehrdad
APN: 044-242-050
Zoning: R-1B Single Family Residential
General Plan Designation: RL Low Density Residential
Environmental Determination: Categorically Exempt, Section 15303,

Class 3(a)
PROJECT DESCRIPTION
The applicant requests a Floor Area Exception (FAE), Variances and Single Family Design Review
approval to construct a new 2,052 square foot single-family residence for the site (1,674 sq. ft.
maximum building size permitted). The project would also include a Permanent Encroachment
Permit for a portion of a driveway and associated structural components within the public right-of-
way.
RECOMMENDATION
Staff recommends the Planning Commission adopt resolutions, 1) approving the Floor Area
Exception, Variances and Single Family Design Review, 2) recommending City Council approval of
the Permanent Encroachment Permit1.
1 Please note: This recommendation is made in advance of public testimony or Commission discussion of the project. At
the public hearing, these two factors, in conjunction with the staff analysis, will be considered by the Commission in
rendering a decision on the project.
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PLANNING COMMISSION STAFF REPORT
RE: Vacant Lot on Arthur Avenue, PA# 2014-0025
March 1, 2016
Page 3
ZONING/GENERAL PLAN DESIGNATION
The proposed single-family residence is a permitted use in the designated R-1B (Single Family
Residential) zoning district, and is conforming to the General Plan Designation RL - Low Density
Residential
PRIOR ACTIONS
The subject vacant property was established as Lot 33, Block 60 of the Belmont Country Club
Properties No. 4 Subdivision, recorded in 1925. There have been no other planning actions for this
property.
SITE CONDITIONS
The subject property is located in a single-family neighborhood developed primarily with multi-
level and two-story single-family homes with wood and stucco exterior finishes. The 6,153 square-
foot interior lot has a 44% slope with a steep downslope from the front of the property to the rear.
The site is undeveloped and covered in native grasses and several mature trees (surveyed by the City
Arborist) that are on or encroach onto the site. The treatment of the trees is discussed in the Project
Analysis section (see below) of this report. A geotechnical report was also prepared for the site and
is discussed further in the report.
PROJECT ANALYSIS
The applicant proposes to construct a new split-story 2,052 square foot single-family residence
consisting of the following:
Main Floor Level
The proposed 1,043 square foot main floor level consists of the following:
Garage
Great room and Kitchen
Half bath
Stairs and Landing
Lower Floor Level
The proposed 1,009 square foot lower floor level consists of the following:
Master Suite with closet and bath

Two Bedrooms
Bathroom
Laundry
March 1, 2016
Page 4
Exterior Materials/Colors
The exterior materials of the proposed residence include:
Roof/Eaves & Entry Canopy: Metal material finished in a light gray color.
Exterior Walls: Stucco (finished in a gray color) and wood-based siding (finished in natural wood
tones)
Trim: Aluminum framed windows and doors finished in a dark brown color
Garage Door: Wood-based design with frosted glass
See Attachment VIII and project plans for samples of exterior colors and materials.
Proposed Tree Removals
The City Arborist surveyed fifteen mature trees within the project area and prepared a report (dated
7/7/14 and revised 7/20/15) (Attachment VII). Five regulated size trees are proposed to be removed
or impacted due to direct conflicts with the site plan; these trees are identified in the attached
Arborist Report as numbers 2, 5, 6, 9, and 12. The City Arborist has also identified three trees (#1,
#7 and #8) that may be impacted due to conflicts with the site plan. Staff proposes that these trees
not be considered removals at this time, but rather they be closely monitored by the applicant and
City Arborist during the construction phase of the project. A bond shall be posted with the City to
hedge against damage/impacts to these trees as conditioned.
Landscaping
Due to the steepness of the site, the applicant is proposing minimal landscaping. The majority of the
site will remain in its natural condition (native grasses and mature trees). The landscape plan will
include new tree plantings (15-gallon size California live oaks) on site (see tree plan sheet A-7 for
details).
Groundwork and Geotechnical Recommendations
Estimated earthwork quantities for the project include 25 cubic yards (CY) of cut and 11 CY of fill.
The applicant has submitted Geotechnical Investigations and letters, prepared by Murray Engineers,
Inc. dated 9/26/14 and12/19/14. A copy of the reports and letters are included as Attachment VIII.
The reports/letters and project plans were peer-reviewed by the Citys Consulting Geologist, Cotton,
Shires & Associates (CSA), in letters dated 8/11/14, 11/31/14, 1/23/15 and 7/7/15. A copy of the
peer review letters are included in Attachment VIII. CSA has concluded that a residential structure
is geotechnically feasible for the site with utilization of appropriate geotechnical design criteria. The
City Geologists recommendations for plan review and construction inspections are included in the
conditions of project approval (Attachment IV).
March 1, 2016
Page 5
PROJECT DATA
Criteria Existing Proposed Required or Max.

Allowed
Lot Size 6,153 sq. ft. No Change No Change
Slope 44% No Change No Change
Square Footage N/A 2,052 sq. ft. 1,674 sq. ft.
FAR N/A 0.333 0.272 (corresponds
to 1,644 sq. ft.
max.)
Parking N/A Two-car garage Two-car garage
Two uncovered* (20 x 20)
Two uncovered
Setbacks:
Front N/A 3 8** 17 6
Side (left) N/A 7 ft. 6 ft.
Side (right) N/A 8 ft. 6 ft.
Rear N/A 43 ft. 15 ft.
Driveway length N/A 6 ft.*** 18 ft.
Height N/A 28 ft. 28 ft.
*Please refer to the discussion under Zoning Conformance
**Please refer to the discussion under Zoning Conformance
***Please refer to the discussion under Zoning Conformance
GENERAL PLAN CONFORMANCE
The proposed new single-family residence does not change the intended land use of the site. The
proposed residence is in conformance with the low-density residential general plan designation.
ZONING CONFORMANCE & VARIANCE REQUEST
1. Front Yard Setback per BZO section 9.7.4(a): Seven lots on the same side of the street
were evaluated and determined to have an average front yard setback of approximately
17 6.
The applicant is requesting a variance to allow a single-family dwelling to maintain a 3

8 front yard setback.
2. BZO Section 9.7.1 (b), in part states Unroofed exterior decks of open design required by
law which do not extend above the ground floor entrance except for the railing shall not
project more than six (6) feet into the required front yard setback.
The proposed driveway bridge/deck structure will encroach into the front yard setback.
March 1, 2016
Page 6
3. BZO Section 4.2.4, in part states, 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.
4. BZO Section 8.2.6 provides as follows:
(a) For Uses in a Single (R-1) or Duplex Residential (R-2) District - Parking and garage space
accessory to dwellings shall be located on the same site as the use served. No parking or
paving outside of the required paved driveway and parking surface area shall be permitted
between the front of the dwelling and the front property line.
A required driveway area for a single or duplex residential dwelling provided

minimum dimensions as required by Section 8.3.1. (a) are met, may be used to satisfy
the off-street uncovered parking requirement for such use(s).
The applicant has requested a variance to allow an on-site driveway to maintain 6 in length.
VARIANCE DISCUSSION
The subject site has a 44% slope with a steep downslope from the front of the property to the
rear. The existing vacant lot is situated on the outside curve of the twenty-one hundred block of
Arthur Avenue. According to San Mateo County parcel records, Arthur Avenue has a 50-foot
right-of-way width. Based the project civil plans and review of the Citys Geographical
Information System (GIS) maps, the front property line of the subject site is located
approximately 30-feet behind the paved road (see GIS Reference Map on page 7). This section of
the right-of-way is much wider than the majority of the properties along Arthur Avenue and the
surrounding neighborhood.
The variances requested are in response to the unusual site conditions (steep downhill slope and
unusually wide right-of-way area fronting the site). The variances would allow for construction
towards the front of the site, which would substantially reduce grading, hardscape and tree removal.
There will an be additional 23-feet of driveway area within the public right-of-way (located between
the proposed driveway approach (7 ft. in width) and the property line) resulting in an effective
parking area and would appear for all intents and purposes to be on private property.
March 1, 2016
Page 7
REFERENCE MAP OF RIGHT-OF-WAY

2324
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0 25 50 100 Feet
March 1, 2016
Page 8
FLOOR AREA EXCEPTION ANALYSIS
For purposes of comparing existing floor areas, staff obtained information from San Mateo County
and City building permit files on neighboring properties in the R-1B zoning district that are located
in close proximity to the subject site.
Address APN Lot Size Dwelling Size Far

Arthur Avenue 6,153 2,052 0.333
2403 Coronet Blvd 11,630 3,330 0.286
2401 Coronet Blvd 9,600 2,880 0.300
2119 Arthur Ave 13,721 6,460 0.471
2515 Arthur Ave 11,280 1,720 0.152
2113 Arthur Ave 7,850 2,356 0.300
2111 Arthur Ave 8,820 2,050 0.232
2109 Arthur Ave 5,750 1,960 0.341
2107 Arthur Ave 6,350 2,550 0.402
2105 Arthur Ave 6,760 1,990 0.294
2103 Arthur Ave 5,000 1,960 0.392
2101 Arthur Ave 5,700 1,400 0.246
Because San Mateo County GIS Portal records do not include the garage area, staff adjusted the building size numbers
to include an estimated 400 square feet of garage for all listed properties Staff included the actual garage size of for the
proposed project.
Floor Area Exception
Section 4.2.10 of the Zoning Ordinance provides guidelines to grant exceptions to single family
floor area standards. The Purpose Section [4.2.10.A] of the Belmont Zoning Ordinance states,
Exceptions to single family floor area standards may be granted to prevent or lessen
inconsistencies in floor area ratio standards among neighboring properties and to assist in
providing adequate off street parking, or when no significant increase in building bulk results;
provided such exceptions would not be a grant of special privilege or be inconsistent with the intent
of the General Plan or Zoning Ordinance.
Floor Area Ratios for the properties surveyed range from .152 to .471. The proposed dwelling will
result in a FAR of .333 and would not result in the largest FAR or dwelling size of the surveyed
properties. Staff has also reviewed the proposed project to determine if a significant increase in
building bulk would result. The lot size of 6,153 square feet is sufficient to support the proposed
dwelling size. The architectural details for the dwelling appear to moderate the building bulk and are
appropriate for the site and the neighborhood. The proposed size of the residence could be
considered significant if it resulted in a visible size that is disproportionate to the lot on which it is
situated. The proposal will not increase traffic and will not unduly impact utilities or services in the
vicinity.
March 1, 2016
Page 9
PERMANENT ENCROACHMENT PERMIT
The permanent encroachment permit is being requested to allow a driveway bridge and associated
structural components (retaining wall and piers) to support the proposed home. The applicants
justification indicates that the retaining walls and associated driveway would allow for construction
towards the front of the site, which would help stabilize the slope and allow access to the home.
Public Works Director Recommendation

Section 22-6 of the Citys Municipal Code requires a determination by the Director of Public Works
and a recommendation by the Planning Commission, prior to review of Permanent Encroachment
Permits by the City Council. Section 22-6 of the Citys Municipal Code reads as follows:
Sec. 22-6 (b) All applications for major and unusual encroachments shall be submitted to the public
works director who shall review the application and determine whether the application is in
accordance with the requirements of this article.
If the application meets the requirements of this article including city standards as noted in section
22-23, the public works director shall recommend approval, attaching such conditions as the
director may deem necessary for the health, safety and welfare of the public and for the protection
of the city.
Sec. 22-6 (c) When an application is proposed in conjunction with the development of adjacent
private property, the public works director's recommendation shall be reviewed by the planning
commission simultaneously with any required zoning entitlements. The planning commission's
recommendation shall be forwarded to the city council for final review and action. All other
applications for major and/or unusual encroachments shall be forwarded directly to the city council
for review based on the public works director's recommendation.
Sec. 22-6 (d) The owners of properties within three hundred (300) feet of the applicant's property
on which the encroachment is proposed, shall be notified of the proposed encroachment, of the
scheduled time and place when the item will be heard by the planning commission and/or city
council, and of their right to express any concerns at the scheduled meeting prior to planning
commission and/or city council taking action on the encroachment.
The requisite Variance (Section 14.5.1 (a-e)), Floor Area Exception (Sections 4.2.10 (D), Single-
Family Design Review (Section 13A.5 (A-I) and Permanent Encroachment Permit (Sec. 22-6 (e) (1-
5)) findings are provided in the attached resolutions (see Attachment II & III).
NEIGHBORHOOD OUTREACH
The applicant performed neighborhood outreach as detailed in the Neighborhood Outreach Strategy
attached to this report. The applicant reported mailing a flyer (May 5, 2014) to property owners
(within 300 feet of the site) informing them of the project and requesting questions or comments via
mail, e-mail or phone. The applicant also reported going door-to-door speaking with several
neighbors about the project proposal. The applicant reported that the property owners at 2401 and
March 1, 2016
Page 10
2324 Coronet Boulevard illustrated project concerns relating parking and traffic safety. The
applicant appears to have achieved the outreach strategy tasks.
ENVIRONMENTAL CLEARANCE (CEQA)
The proposed new single-family home is categorically exempt from the provisions of the California
Environmental Quality Act by provision of Section 15303, Class 3(a):
Class 3 consists of construction and location of limited numbers of new, small facilities or
structuresExamples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In

urbanized areas, up to three single-family residences may be constructed or converted
under this exemption.
The proposed residence meets the above requirements for CEQA exemption.
CONCLUSION AND RECOMMENDATION
Based on the analysis and required findings, staff recommends that the Planning Commission adopt
resolutions: 1) approving the Variance, Floor Area Exception and Single Family Design Review,
and 2) recommending City Council approval of the Permanent Encroachment Permit.
ACTION ALTERNATIVES
1. Continue the application for redesign.
2. Provide direction to deny the Variance, Floor Area Exception, and Single-Family Design
Review. The Commission will identify specific facts to support a denial, and a resolution would
be returned to the Commission for final action.
ATTACHMENTS
I. 300/500 foot radius map of project site (incorporated as Page 2 of report)

II. GIS Reference Map (incorporated as Page 7 of report)
III. Resolution approving a Variance, Floor Area Exception & Single Family Design Review
IV. Conditions of Approval
V. Resolution Recommending City Council Approval of a Permanent Encroachment Permit
VI. Neighborhood Outreach
VII. Arborist Report
VIII. Geotechnical Investigations and response letters
IX. Applicants plans, color/materials board, and photos (Commission only)
X. Applicants Permanent Encroachment Justification letter (Commission only)
March 1, 2016
Page 11
Respectfully submitted,
________________________ ____________________________
Rob D. Gill Carlos de Melo
Associate Planner Community Development Director
CC: Applicant/Owners
RESOLUTION NO. 2016-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT

APPROVING A FLOOR AREA EXCEPTION, VARIANCE AND SINGLE FAMILY DESIGN
REVIEW FOR A VACANT LOT ON ARTHUR AVENUE (APPL. NO. 2014-0025)
WHEREAS, Alex Mortazavi, applicant, on behalf of Elie Mehrdad, property owner,

requests Floor Area Exception, Variance, and Single Family Design Review approvals to
construct a 2,052 square-foot single-family residence on a vacant lot on Arthur Avenue (APN:
044-242-050); and,
WHEREAS, a public hearing was duly noticed, held, and closed on March 1, 2016; and,
WHEREAS, the Planning Commission hereby adopts the staff report dated March 1,
2016 and the facts contained therein as its own findings of facts; and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby

approves a Variance to Belmont Zoning Ordinance Sections 4.2.4, 4.2.9, 9.7.1 and 8.2.6 for
setbacks, location of parking, and minimum on-site driveway length for the construction of a new
2,052 square foot single-family residence on Arthur Avenue (APN: 044-242-050), based upon
the following findings:
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the

Floor Area Exception and Single Family Design Review to construct a new 2,052 square foot
single-family residence for a vacant lot on Arthur Avenue (APN: 044-242-050), subject to the
conditions in Exhibit A, upon finding that:
Environmental Review
The proposed new single-family home is categorically exempt from the provisions of the
California Environmental Quality Act by provision of Section 15303, Class 3(a):
Class 3 consists of construction and location of limited numbers of new, small facilities
or structuresExamples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In

urbanized areas, up to three single-family residences may be constructed or
converted under this exemption.
Resolution
Vacant Lot on Arthur Avenue
March 1, 2015
Page 2 of 9
Variance
The required Variance Findings, Section 14.5.1 (a-e), are made in the affirmative as follows:
(a) The strict or literal interpretation and enforcement of the specified regulation would
result in practical difficulty or unnecessary physical hardship inconsistent with the
objectives of the Zoning Plan.
There are no stated objectives of the Zoning Plan; however Section 1.1 of the Zoning
Ordinance indicates that the purpose of the Zoning Ordinance is 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. Additionally, the
purpose of Single Family Design Review outlined in Section 13.A.1 indicates in part that
new development should preserve the wooded, low density character of the Citys
single family and duplex residential neighborhoods, and assure that new single-family
and duplex residential development achieves an appropriate balance including
consistency with existing site conditions and minimal disruption of site and surrounding
topography, and safe on-site vehicular accessways to all covered parking.
The applicant is requesting Variances to BZO Sections 9.7.4(a), 9.7.1 (b), 8.2.6 (a), and 4.2.4, for
setbacks, location of parking and minimum on-site driveway length. Section 9.7.1 (a) would
require the dwelling to be setback 17 6 form the front property line and, Section 9.7.1 (b)
requires exterior decks/driveway bridges to not project more than six (6) feet into the required front
yard setback. Section 8.2.6 (a) requires that parking and garage space accessory to dwellings be
located on the same site as the use served, and Section 4.2.4 requires that the minimum on-site
driveway length from property line to the face of the garage be 18-feet. These variances
requested are in response to the unusual site conditions (steep downhill slope and unusually wide
right-of-way area fronting the site).
According to the project civil plans and review of the Citys Geographical Information System
(GIS) maps, the front property line of the subject site is located approximately 30-feet behind the
paved road. This unusual condition is a result of the curvature/layout of the road section along
Arthur Avenue, and the steep downward slope of the right-of-way section fronting the subject
site. The strict or literal interpretation and enforcement of the Belmont Zoning Ordinance would
require locating the dwelling further back on the steep down-sloping lot, resulting in excessive
amounts of fill material, tree removal, and hardscape to accommodate access to the site
(construction driveway more than 40-feet in length to access the property and meet the on-site
driveway requirement).
The applicant is proposing an on-site driveway six-feet in length where 18-feet is required. As
previously mentioned, the front property line of the subject site is located approximately 30-feet
behind the paved road. There will be an additional 23-feet of driveway area within the public
Resolution
March 1, 2015
Page 3 of 9
right-of-way located between the proposed driveway approach (7-ft. in width) and the front
property line. The proposed driveway has adequate length to park two cars.
The construction of the driveway bridge is necessary due to the steep downhill slope of the lot.
The construction of a surface driveway would necessitate a large amount of fill imported to the
site and the construction of steep retaining walls to accommodate the elevation differential. The
practical difficulty or unnecessary physical hardship of this type of construction would be
inconsistent with the objectives of the Zoning plan previously identified in this finding. This finding
is affirmed.
(b) There are exceptional or extraordinary circumstances or conditions applicable to the

property involved or to the intended use of the property which do not apply generally to
other properties classified in the same zoning district.
The subject site is situated on the outside curved street section of Arthur Avenue with a steep
downslope (44% slope) from the front of the property to the rear. The front property line of the
subject site is located 30-feet behind the paved road. This section of the public right-of-way is
much wider than the majority of the properties along Arthur Avenue and the surrounding
neighborhood. The steep downslope of the property and the unusual wide right-of-way section
fronting the site are considered exceptional or extraordinary circumstances that necessitate
alternative means of locating the home and providing access, and on-site parking on the property
that do not generally apply to most properties in the same zoning district. This finding is affirmed.
(c) The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties classified in
the same zoning district.
Review of city and county records indicates that the vast majority of homes within the subject R-1B
Zoning District, and on similarly sloped lots were constructed between 1960 and 1980, prior to
adoption of BZO Section 13A (Single Family and Duplex Residential Design Review) of the
Zoning Ordinance, which requires that applicants achieve a balance of development factors
between grading, hardscape, and tree removal.
The provisions of Section 13A require the applicant to adapt to the unique conditions of the lot in
a way that was not required of other property owners on similar sites and within the same Zoning
District. Adapting to the physical constraints of the lot lead to a site layout that is sensitive to the
natural terrain of the site pursuant to the standards identified in Section 13A (alternatively,
shifting the building on the lot results in greater tree removal, grading and hardscape).
The strict or literal interpretation and enforcement of the specified regulations would deprive the
applicant the privilege of a sensitively and reasonably designed home, in conformance with BZO
Sections 9.7.4(a), 9.7.1 (b), 8.2.6 (a), and 4.2.4 and would require the dwelling to be located
further back on the down-sloping lot and construction of a surface driveway. This outcome would
Resolution
March 1, 2015
Page 4 of 9
result in removal of additional trees, excessive amounts of fill material imported to the site,
construction of steep retaining walls, and additional project hardscape to accommodate access and
on on-site parking. Therefore, the strict or literal interpretation and enforcement of the specified
regulations would deprive the applicant of the privileges enjoyed by the owners of other
properties classified in the same zoning district. This finding is affirmed.
(d) The granting of the Variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties classified in the same zoning district.
The construction of a new single family home with a garage, uncovered parking area and
structural support features would not result in extraordinary activities for the residentially zoned
property. The variance requests would allow for construction towards the front of the site, which
would substantially reduce grading, tree removal and hardscape.
There are retaining walls and portions of driveways within the public right-of-way throughout the
city and within the same zoning district. The driveway bridge is proposed in response to the
unusual site conditions (i.e., steep slope of the property) as a means to provide access into the
home. The driveway bridge is essentially required to provide access to the site.
There will be an additional 23-feet of driveway area within the public right-of-way (located
between the proposed driveway approach and the property line) resulting in an effective parking
area and would appear for all intents and purposes to be on private property. In addition, the vast
majority of homes within the subject zoning district and within the City of Belmont were built with
covered parking. This finding is affirmed.
(e) The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity.
No significant long term noise, parking or traffic impacts are anticipated from the project. All
appropriate City departments have reviewed the proposal and have provided conditions of
approval that should ensure that the proposed project will not adversely affect public health,
safety or welfare, or be materially injurious to properties or improvements in the vicinity. This
finding is affirmed.
Floor Area Exception
Section 4.2.10.D of the Zoning Ordinance establishes the following four findings that must be
supported by the request for a Floor Area Exception.
1. The granting of the exception will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
Resolution
March 1, 2015
Page 5 of 9
The proposed floor area will not result in a physical structure that would be detrimental to the
public health, safety, or welfare or be materially injurious to properties in the vicinity. The
dwelling will maintain more than adequate fire separation from surrounding structures. Should
the project be approved, the proposed dwelling would be conditioned to meet the requirements of
the Uniform Fire and California Building Codes prior to issuance of a building permit. This
finding is affirmed.
2. The addition will not adversely affect the views or privacy of adjacent property.
The project as designed appears not to affect the views or privacy of adjacent homes. The
proposed residential project will be designed in a manner that is consistent with the existing
dwelling and the surrounding homes. The existing dwelling is partially obscured from view by
existing vegetation and the topography of the lot. This finding is affirmed.
3. The addition is compatible with the existing residence and neighboring properties.
The project includes design elements (stucco and wood exterior design elements) that are
consistent with the established character of other homes in the neighborhood. The proposed
project does not include the use of extreme colors. This finding is affirmed.
4. The exception would not result in excessive grading or tree removal.
Estimated earthwork quantities for the project include 25 cubic yards (CY) of cut and 11 CY of
fill. A Geotechnical Investigation and letter, prepared by Murray Engineers, Inc., and reviewed
by the City Geologist (Cotton, Shires & Associates), concluding that the proposed dwelling can
be feasibly built on the site. The reports do not contain any recommendations for reducing the
site grading. The Consulting City Arborist surveyed fifteen trees within the project scope. Five
regulated size trees are proposed to be removed due to direct conflict with the site plan. The
grading and tree removal does not appear excessive for the proposed single family home and
accessory uses.
Residential Design Review

The required Single Family Design Review Findings, Section 13A.5 (A-I), are made in the
affirmative as follows:
A. The buildings and structures shown on the site plan are located to be consistent with the
character of existing development on the site and in the neighborhood, as defined;
minimize disruptions of existing public views; protect the profile of prominent ridgelines.
The proposed new house is split-level and contemporary in design which is compatible with the
character of the one and multi-level wood and stucco finished homes in the immediate
neighborhood. The lot is situated on the downhill side (non-ridgeline) of Arthur Avenue, and the
house will be partially built into and stepped down the slope such that the front, sides and rear of
Resolution
March 1, 2015
Page 6 of 9
the house are one to two stories above the finished grade. The layout of the dwelling is expected
to not disrupt public views as assessed from Arthur Avenue. This finding is affirmed.
B. The overall site and building plans achieve an acceptable balance among the following
factors:
(1) building bulk
(2) grading, including
(a) disturbed surface area and
(b) total cubic yards, cut and fill
(3) hardscape, and
(4) tree removal
Building bulk
The building elevations can be characterized as having varied roof lines that generally break up
the bulk and mass of the multi-story structure. The architectural style of the residence is generally
well designed to complement the site and be compatible with adjoining developed properties.
The proposed building design includes a combination of exterior materials (stucco and wood
siding) that help reduce building mass. The project includes window and door detailing to help
reduce building mass by breaking up the various building planes. The exterior balconies/decks
and railing provide relief to break up the bulk and mass of the structure.
The architectural details appear to moderate the building bulk and are appropriate for this
structure and the neighborhood.
Grading
Estimated earthwork quantities for the project include 25 cubic yards (CY) of cut and 11 CY of
fill. The grading is not excessive for a new single family home. Geotechnical investigations were
prepared by the applicants geotechnical consultants and engineer, and reviewed by the City
Geologist (Cotton, Shires & Associates), concluding that the proposed dwelling can be feasibly
built on the site. The reports do not contain any recommendations for reducing the site grading.
Hardscape
The total lot coverage by hardscape would be approximately 23.9%. The driveway and balconies
represent the only hardscape outside of the building footprint. The proposed hardscape does not
appear excessive for the proposed residential use and is appropriate in the neighborhood context.
Tree Removal
There is existing natural vegetation on this currently vacant lot, including fifteen regulated size
trees within the project scope. Five regulated size trees are proposed to be removed or severely
Resolution
March 1, 2015
Page 7 of 9
impacted due to direct conflicts with the site plan. The City Arborist has also identified three
trees (#1, #7 and #8) that may be impacted due to conflicts with the site plan. A bond shall be
posted with the City to hedge against potential damage/ impacts to these trees. In addition, the
applicant shall be required to plant mitigation plantings for the loss/damage of the protected trees
and pay an in- lieu fee to the Citys tree fund.
All four factors (building bulk, grading, hardscape, and tree removal) appear to have been
appropriately addressed in the building design and site/groundwork that result in breaking up the
vertical mass and lines of the structure, ensuring soil stability and suitable construction
techniques and limiting the hardscape. An overall balance appears to be achieved with the
proposed design. This finding is affirmed.
C. All accessways shown on the site plan and on the topographic map are arranged to
provide safe vehicular and pedestrian access to all buildings and structures.
The proposed driveway has clear access to/from Arthur Avenue. This driveway has sufficient
back-up space (6 within the property plus an additional 30 of right-of-way area). This finding is
affirmed.
D. All proposed grading and site preparation have been adequately reviewed to protect
against site stability and ground movement hazards, erosion and flooding potential, and
habitat and stream degradation.
The Citys Consulting Geologist has provided recommendations that have been included in the
Conditions of Approval. The Project Site would be graded in compliance with the Citys grading
ordinance and standard conditions of approval to assure that project construction and operation
do not result in offsite soil or water erosion. Best Management Practices (BMPs) are a standard
condition of approval which requires that soil, gravel and water do not migrate off site and cause
erosion. BMPs require the use of soil and water erosion controls. Controls such as waddles and
storm water filtration prior to water entering the storm drain system prevents sedimentation of
the storm drain system and watercourses. Grading is limited to the drier season (April 15-
November 14) which also serves to prevent erosion. Should the project be approved, the Public
Works Department will evaluate the proposed grading quantities and design layout in
conjunction with the building permit. This finding is affirmed.
E. All accessory and support features, including driveway and parking surfaces, underfloor
areas, retaining walls, utility services and other accessory structures are integrated into
the overall project design.
A driveway is proposed that would provide safe vehicular access to the proposed home. The
driveway and associated structural components are well integrated into the overall project design.
This finding is affirmed.
Resolution
March 1, 2015
Page 8 of 9
F. The landscape plan incorporates:

(1) Native plants appropriate to the sites environmental setting and microclimate,
and
(2) Appropriate landscape screening of accessory and support structures, and
(3) Replacement trees in sufficient quantity to comply with the standards of Section
25 (Trees) of the Belmont City Code
Due to the steepness of the site, the applicant is proposing minimal landscaping. The majority of
the site will remain in its natural condition (native grasses and mature trees). The landscape plan
will include new tree plantings (15-gallon size California live oak) on site. The landscape plan
appears acceptable for the site. This finding is affirmed.
G. Adequate measures have been developed for construction-related impacts, such as haul
routes, material storage, erosion control, tree protection, waste recycling and disposal,
and other potential hazards.
The Citys Consulting Geologist has provided recommendations that have been included in the
Conditions of Approval. The Project Site would be graded in compliance with the Citys grading
ordinance and standard conditions of approval to assure that project construction and operation
do not result in offsite soil or water erosion. Best Management Practices (BMPs) are a standard
condition of approval which requires that soil, gravel and water do not migrate off site and cause
erosion. BMPs require the use of soil and water erosion controls. Controls such as waddles and
storm water filtration prior to water entering the storm drain system prevents sedimentation of
the storm drain system and watercourses. Grading is limited to the drier season (April 15-
November 14) which also serves to prevent erosion. Should the project be approved, the Public
Works Department will evaluate the proposed grading quantities and design layout in
conjunction with the building permit. This finding is affirmed.
H. Structural encroachments into the public right-of-way associated with the project comply
with the standards of Section 22, Article 1 (Encroachments) of the Belmont City Code.
The applicant requests approval of a Permanent Encroachment Permit for retaining walls and
piers (to support the proposed driveway) within the public right-of-way. As proposed and
conditioned, the retaining walls and piers would be consistent with Section 22, Article 1
(Encroachments) of the Belmont City Code. The project will require a Temporary Encroachment
Permit as administrated by the Public Works Department for the installation of a standard
driveway approach. This finding is affirmed.
I. Substantial compliance with the Residential Design Guidelines.
The building/structure shown on the site plan is generally consistent with the residences in the
neighborhood; no public views or prominent ridgelines would be obstructed with construction of
the proposed project. As proposed and conditioned, there is an acceptable balance of building
Resolution
March 1, 2015
Page 9 of 9
bulk, grading (including disturbed surface area and total cubic yards, cut and fill), hardscape, and
tree removal. There would be no obstruction of vehicular and pedestrian accessways shown on
the site plan and topographical map. All accessory and support features (i.e. driveway and
structural components) are well integrated into the overall project design. As such, the project is
in compliance with the Residential Design Guidelines. This finding is affirmed.
* * * * * * * * * * * * * *
Passed and adopted at a regular meeting of the Planning Commission of the City of
Belmont held on March 1, 2016 by the following vote:
AYES,
COMMISSIONERS:
NOES,
COMMISSIONERS:
ABSENT,
COMMISSIONERS:
ABSTAIN,
COMMISSIONERS:
RECUSED,
COMMISSIONERS:
Carlos de Melo
Planning Commission Secretary
RESOLUTION NO. 2016-
RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL

APPROVAL OF A DRIVEWAY BRIDGE WITHIN THE PUBLIC RIGHT-OF-WAY
FOR A VACANT LOT ON ARTHUR AVENUE (APN: 044-242-050)
WHEREAS, Alex Mortazavi, applicant, on behalf of Elie Mehrdad property owner,

requests a Permanent Encroachment Permit for a driveway bridge and associated structural
components within the public right-of-way for a vacant lot on Arthur Avenue (APN: 044-242-
050), in association with a Variance approval to allow a driveway bridge within the front setback;
and,
WHEREAS, a public hearing was duly noticed, held, and closed on March 1, 2016; and,
WHEREAS, the Planning Commission hereby relies upon the staff report dated March 1,
2016 and the facts contained therein, as they pertain to the project, as its own findings of facts;
and,
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby

recommends City Council approval of a Permanent Encroachment Permit for a driveway bridge
and associated structural components within the public right-of-way for a vacant lot on Arthur
Avenue, based upon the following standards of review:
Public Works Recommendation
The Director of Public Works has recommended approval of the Permanent Encroachment
Permit. The following findings are required for approval:
Major Encroachment Permit Findings
Sec. 22-6 (e) The city council may approve the application with conditions deemed necessary for
health, safety and welfare of the public and protection of the city if it finds:
(1) Some public benefit to the encroachment. Examples of public benefit include but are not
limited to a retaining wall that allows an added off-street parking space, sidewalk or safer
sight distance. Other examples include retaining walls that reduce grading onsite (without
themselves becoming unsightly), or new retaining walls to replace existing deteriorating
retaining walls, or fences that provide a safety handrail for pedestrians, or encroachments
that replace or improve an existing undesirable physical condition or provide other
neighborhood betterment.
Resolution
Vacant lot on Arthur Avenue
March 1, 2016
Page 2 of 3
Response. The proposed driveway bridge and associated structural components would allow for
access to the site and the proposed home. Railings on the top driveway are required for safety
reasons. Lastly, conditions of approval would require that the applicant maintain the
improvements within the right-of-way, and indemnify the city for any liability associated with
slope instability, erosion problems or injury to persons or property. The construction of the
driveway bridge would reduce site grading and minimize site disturbance. The improvements
associated with the proposed encroachment are generally considered to have some public benefit.
(2) That the encroachment will not unduly restrict the public right-of-way or public
watercourse for other typical uses.
Response. A sidewalk, curb and gutter, and residential driveway approach will be installed in
accordance with Department of Public Works approved standards. The proposed driveway bridge
and associated structural components will not unduly restrict the public right-of-way or a public
watercourse.
(3) That the city will be duly protected from liability for injury to persons and property.
Response. Conditions of approval would require that the applicant maintain the improvements
within the right-of-way, and indemnify the city for any liability associated with injury to persons
and property.
(4) That faithful performance of all conditions and requirements specified in the permit will be
guaranteed by the required bonds.
Response. Conditions of approval would require the deposit of a bond with the City to ensure
that all proposed improvements are constructed in accordance with the approved plans.
(5) That the encroachment is not solely for increasing the usable area of a private residence or
business without a public benefit.
Response. The construction of the driveway is necessary to gain access to the site, (but does not
increase the usable yard area for this private residence. As discussed under item 22-6(e).1, above,
public benefits are provided by the project, which include reduced grading, minimized site
disturbance, and a stabilized slope for the site.
Resolution
Vacant lot on Arthur Avenue
March 1, 2016
Page 3 of 3
* * * * * * * * * * * * * *
I hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Belmont held on March 1, 2016 by the following vote:
AYES,
COMMISSIONERS:
NOES,
COMMISSIONERS:
ABSENT,
COMMISSIONERS:
ABSTAIN,
COMMISSIONERS:
RECUSED,
COMMISSIONERS:
Carlos de Melo
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF PROJECT APPROVAL

SINGLE FAMILY DESIGN REVIEW
VACANT LOT ON ARTHUR DRIVE (2014-0025)
I. COMPLY WITH THE FOLLOWING CONDITIONS OF THE COMMUNITY

DEVELOPMENT DEPARTMENT:
A. The following conditions shall be shown on plans submitted for a building permit and/or
site development permit or otherwise met prior to issuance of the first building permit
(i.e., foundation permit) and shall be completed and/or installed prior to occupancy and
remain in place at all times that the use occupies the premises except as otherwise
specified in the conditions:
Planning Division
1. Plans submitted for building permit and all construction shall conform to the plans on file
in the Planning Division for Appl. No. 2014-0025, date stamped 2/16/16. The Director of
Community Development may approve minor modifications to the plans.
2. All construction and related activities which require a City building permit shall be
allowed only during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and
10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall
be allowed outside of the aforementioned hours or on Sundays and the following
holidays: New Years Day, Presidents Day, Memorial Day, 4th of July, Labor Day,
Thanksgiving Day and Christmas Day. All gasoline powered construction equipment
shall be equipped with an operating muffler or baffling system as originally provided by
the manufacturer, and no modification to these systems is permitted.
3. Prior to issuance of building permits, the property owners shall file with the Director of
Community Development, on forms provided by the City, an acknowledgment that they
have read, understand and agree to these conditions of approval.
4. In accordance with the Belmont Zoning Ordinance, the permit(s) granted by this approval
shall expire one (1) year from the date of approval, with said approval date indicated on
the accompanying Planning Commission resolution. Any request for extension of the
expiration date shall be made in accordance with the applicable provisions of the
Belmont Zoning Ordinance.
5. In the event that this approval is challenged by a third party, the property owners and all
assignees will be responsible for defending against this challenge, and agree to accept
responsibility for defense at the request of the City. The property owners and all
assignees agree to defend, indemnify and hold harmless the City of Belmont and all
officials, staff, consultants and agents from any costs, claims or liabilities arising from the
Conditions of Approval PA2014-0025
Vacant Lot On Author Drive
March 1, 2016
Page 2
approval, including without limitation, any award of attorneys fees that might result from
the third party challenge.
6. The project is subject to Public Works Department and City Geologist review and
approval with the following conditions:
Geotechnical Plan Review The Project Geotechnical Consultant shall review

and approve all geotechnical aspects of the project building and grading plans
(i.e., site preparation and grading, site drainage improvements and design
parameters for shoring, foundations and retaining walls) to ensure that their
recommendations have been properly incorporated.
The results of the plan review should be summarized by the geotechnical

consultant in a letter and submitted to the City Engineer prior to issuance of
building permits.
Geotechnical Construction Inspection The Project Geotechnical Consultant shall

inspect, test (as needed), and approve all geotechnical aspects of the project
construction. The inspections should include, but not necessarily be limited to:
site preparation and grading, site surface and subsurface drainage improvements,
and excavations for foundations and retaining walls prior to the placement of steel
and concrete.
The results of these inspections and the as-built conditions of the project should
be described by the geotechnical consultant in a letter and submitted to the City
for review prior to final (as-built) project approval.
7. The project is subject to Community Development Department and Consulting City

Arborist (CCA) review and approval with the following conditions regarding tree
removal, tree retention measures, tree protection fencing and irrigation. The following
shall be included as tree protection notes in the final stamped building set of plans.
(a) PRUNING / ARBORIST OF RECORD:
(i) It is suggested that the applicant retain a qualified ISA-Certified Arborist

to perform tree care work per American National Standard Institute
(ANSI)-A300 Tree Shrub and Other Woody Plant Maintenance / Standard
Practices. Specific Prescriptions:
Italian stone pine #1: ANSI A300-compliant arborist cable

installation between codominant mainstems, deadwood removal,
endweight reduction pruning.
Pepper tree #10: Root crown excavation (neighbor-owned tree,
will require permission).
Monterey pines #12 and #13: Monitor condition to determine if
pitch canker is affecting the trees such that they decline further into
March 1, 2016
Page 3
the category of very poor, at which time removal of the trees

may be warranted.
(b) TRUNK BUFFER:
(i) Affix a trunk buffer around each tree being retained in relatively close
proximity to existing pipes that may be demolished, proposed new work,
and the root protection zone fence lines (i.e. Trees #1, 3, 7, 8, 9 (if
retained), 12 (if retained), 13 (if retained), 14).
(ii) Best Management Practice for tree protection of trees to remain on a site is
to wrap an entire roll of orange fencing around the lower 8 feet of trunk of
each tree, and affix 2X4 or 1X4 boards (or waste wood of similar
dimensions) around the circumference of the trunk, and secure with duct
tape on the outside only (do not use wires).
(c) ROOT PROTECTION ZONE:
(i) Install chain link fence (exact locations of fence to be determined during
the pre-construction field meeting). This fencing shall be known as the
root protection zone or RPZ. The approximate routes are shown as red
dashed lines on the CCAs tree location map mark-up in the arborist
report.
(ii) Fencing material used for all protective fences must be steel chain-link, at
least five-feet in height, mounted on two-inch diameter galvanized iron
posts 7-feet in length, driven a minimum of 24-inches into the ground.
Posts for post and hook fencing must be mounted no wider than 6-feet on-
center (O.C.). This fence must be erected prior to any heavy machinery
traffic or construction material arrival on site. Note: Create a +/- 18 inch
wide open gap in each RPZ fence perimeter so that arborists and other tree
protection related personnel can access the areas inside the RPZ. A silt
fence shall be dug into the ground per package directions along the bottom
edge of the uphill sides of the chain link root protection zone fences, and
zip tied or otherwise affixed to the RPZ as a barrier against liquid waste
encroachments. Use straw erosion control wattles pinned down with
wooden pins along the bottom edges of the chain link fences.
(iii) The protective fencing shall not be temporarily moved during

construction, unless authorized by the CCA through an email or other
written form. Materials, tools, excavated soil, liquids, substances, etc. shall
not be placed or dumped, even temporarily, inside the RPZ. Storage,
staging, work, and/or other activities shall not occur inside the RPZ
without the expressed written (emailed) permission from the Contract City
March 1, 2016
Page 4
Arborist. The CCA shall be contacted 48 hours advance notice when

requesting that a fence section be temporarily moved or removed.
(iv) The TPZ fencing shall have one sign affixed with UV-stabilized zip ties to
the chain link at eye level for every 15-linear feet of fencing, minimum
8X11 size each, plastic laminated or otherwise waterproofed, stating
TREE PROTECTION FENCE DO NOT ALTER OR REMOVE CALL
OR E-MAIL THE CITY ARBORIST 48-HRS ADVANCE (650) 697-
0990 or drtree@sbcglobal.net
(d) PROJECT ITEMS:
(i) Arborist Monitor: Retain the CCA to be on-site during the demolition of
the existing plastic drain pipe near trees #1, 12, and #13. Call the CCA 48
hours advance notice prior to the scheduled time and date of footing
demolition in that area.
(e) ROOT PRUNING:
(i) If any woody roots measuring 1 inch diameter or greater are encountered
during site work within 20 feet of trees being retained, stop site plan work
and call a qualified tree care contractor to prune roots at right angles to the
root growth direction, using sharp tools such as an A/C powered Sawzall,
lopper, professional pruning saw, etc. SAwzall blades specifically made
for wet wood pruning are labelled pruning and have relatively large
teeth compared to metal cutting demolition blades.
(ii) If roots are required to be left exposed for more than 24 hours, then cover
with six (6) layers of wet, muddy burlap. If possible, cover the root(s)
completely with existing site soil and wood chip mulch, and irrigate
thoroughly to saturate the uppermost 24 inches of the soil profile. Cover
the soil with wood chip mulch.
(iii) If roots are shattered or broken, then the backdigging protocol must be
used prior to root pruning in order than the roots be severed at a location
with undamaged tissue. Consult with the CCA for more information on
backdigging, or refer to the handout referenced below.
(iv) Call the CCA at cell 415-203-0990 immediately upon encountering the
roots (prior to pruning) so that digital images of the root locations, depths,
and densities can be archived.
March 1, 2016
Page 5
(f) WATER SPRAY & TEMPORARY IRRIGATION:
(i) If standard pressure water is available on site, spray off foliage of all trees
being retained on a 1x/month basis using a high power garden hose to
wash both the upper and lower surfaces of the foliage. This helps keep the
gas portals (stomata) unclogged for better gas exchange which is crucial
for normal tree function.
(ii) If directed to do so by the CCA, apply heavy 2x/month irrigation to areas

between 10 feet and 20 feet out from the trunks of specific trees being
retained (pine #1, oak #7, oak #8), using a water trunk, tow-behind tank
and spray apparatus, emitter lines, soaker hoses, garden hose on trickle,
and/or other above-grade temporary water delivery system. Irrigation
locations will be determined by the CCA.
(iii) The CCA will test relative soil moisture during his construction
monitoring site visits using a 24 Lincoln soil moisture probe/meter to
determine if temporary irrigation needs to be increased or otherwise
adjusted.
(g) TREE REMOVAL FEES:
(i) Removal fees: Applicant shall pay a removal fee of $5,000 for all
regulated trees (Trees #2, 5, 6, & #9) being removed due to direct/ indirect
conflicts with proposed work/site plan.
(ii) The applicant shall pay in- lieu fees of $3,479 (in-lieu fees for required
mitigation plantings which will not be installed). Payment can be made at
the Permit Center where building staff will route all fees to the Parks
Departments Tree Planting and Establishment Fund.
(iii) A bond of $ 5,000 shall be posted with City to hedge against damage to or
death of potentially impacted trees to tree numbers 1, 7, & 8 in close
proximity to the proposed work. The CCA will determine prior to final
occupancy permit issuance if certain tree specimens were negatively
impacted by site plan construction activity to the degree that a damage fee
would be required to be paid in the amount of partial or full tree removal
fees plus in-lieu fees as applicable.
(h) ARBORIST INSPECTIONS & FEES:
(i) The applicant shall pay a tree inspection fee of $1,560 at the Permit
Center, payable to the City of Belmont prior to permit issuance and prior
to the initial tree protection inspection meeting on site to cover inspections
March 1, 2016
Page 6
and signoff letters by the city arborist throughout the life of the project
($1,200 arborist fee plus 30% City mandated administration fee).
(ii) Additional Hourly: The CCA may charge additional fees at the regular
contract hourly rate of $100/hour for additional services such as when
requested by the project build team to be on-site to monitor demolition,
trenching, pier drilling, excavation, etc. within 20 feet of trees being
retained.
(iii) Project team shall meet with CCA on-site prior to commencement of
demolition, to go over items such as, but not limited to, final root
protection zone fence routes for trees being retained with special attention
to tree #1 which exhibits a root zone that extends under and surrounding
the proposed flyway driveway, trunk buffer specifications, pruning
prescriptions for specific trees (especially neighbor-owned trees that are
suggested to receive branch endweight reduction pruning), root pruning
protocols, landscape installation and permanent irrigation types and
limitations, temporary irrigation methods/locations for the construction
period, drainage and utility trench realignments and minimum offsets in
relation to trees being retained, and land contour grading and drainage
swale grading daylight limits to optimize tree root zone protection, as
applicable.
8. Building plans shall be submitted that reflect that no part of the residence shall exceed the
28-foot height limit as measured from the finished grade to the uppermost point of the
residence. A California licensed surveyor or civil engineer shall provide a wet-stamped
certification that the home conforms with the 28-foot height limit prior to the roof
diaphragm inspection.
9. Prior to issuance of a building permit, a construction management plan shall be submitted

for review and approval by the Community Development Department in consultation
with the Department of Public Works, Fire Department and the Police Department.
Routes for construction-related traffic (hauling, deliveries, workers, etc.) shall be
identified in consultation with the Department of Public Works, such that construction-
related traffic will not disproportionally impact any streets. No staging shall be permitted
on the public right-of-way. Said plan shall include notice to surrounding property owners
and properties along the designated construction traffic route(s) two weeks prior to
grading, and identification of haul route(s) and staging areas for the project. Grading,
hauling and construction delivery traffic shall be timed to avoid peak hour school and
work commute traffic. Said plan shall also identify the maximum size of construction
equipment/trucks, during construction, expected temporary street closure and the use of
flag personnel during construction, and the location of construction worker parking/car-
pooling. Failure to abide by the established construction management plan may result in a
stop work order.
March 1, 2016
Page 7
10. A landscape post inspection shall be required upon completion of the project. The
applicant shall contact Mid-Peninsula Water Districts Water Conservation Admin
Specialist at (650) 591-8941 or jeanettek@midpeninsulawater.org for more information.
Building Division
1. Prior to any construction, the applicant or a designated representative shall obtain all of
the required building permits for the project. The applicant will be required to provide a
construction and demolition-recycling plan as a condition of the building permit. The
Building Department will inspect for compliance with this plan. The conditions of
approval for this permit also require the applicant to perform all work in conformance
with the NPDES requirements.
2. This project is subject to the School Facilities Fee. Proof of payment must be presented to
the City of Belmont before the permit will be issued. Contact the Sequoia Union School
District directly for further information (Sequoia Union School District, Maintenance &
Operation, 480 James, Ave., Redwood City, CA 94062. 650.369.1411 ext. 2290 or 2203.
www.seq.org).
3. Pursuant to the Belmont Fire Department Ordinance #2013-001, CFC Section 903, the
building shall include a fire sprinkler system and the plan will be a deferred submittal.
4. The City of Belmont Municipal Code requires a soils and engineering geology report for
all new or substantially altered foundations. Provide such a report and a letter from the
geotechnical engineer confirming that the foundation plan has been reviewed and that it
has been determined that the recommendations in the soils report are properly
incorporated into the plans. BMC 7-12, IBC 106.1 & 1804.3
5. Prior to the issuance of a building permit, the applicant shall submit a survey. The plan
shall be prepared and signed by a California registered civil engineer or surveyor.
6. All retaining walls shall be engineered and subject to the California Building Code
Standards.
7. Plans to be submitted for a building permit shall show the location of all transformers,
fire standpipes, and back flow preventers.
8. The contractor/property owner shall be responsible to post hours of operation and phone
numbers for noise complaints.
9. The contractor/property owner shall provide space on the subject property for recycling
containers.
10. The contractor/property owner shall provide a list of construction and demolition
recycling service providers.
March 1, 2016
Page 8
11. The applicant/owner shall investigate opportunities for salvaging material for reuse.
12. The applicant/owner shall be responsible to notify all contractors and subcontractors of
the City of Belmont expectations of maximizing diversion of solid waste.
13. Specify that the 2013 California Code of Regulations as amended by the State of
California and all applicable City of Belmont ordinances will be employed during this
project.
14. General. Class 2 ignition-resistant construction shall be in accordance with Chapter 7A of

the California Building Code.
II. COMPLY WITH THE FOLLOWING CONDITIONS OF THE PUBLIC WORKS

DEPARTMENT:
A. The following conditions shall be shown on plans submitted for a building permit and/or
site development permit or otherwise met prior to issuance of the first building permit
(i.e., foundation permit) and shall be completed and/or installed prior to occupancy and
remain in place at all times that the use occupies the premises except as otherwise
specified in the conditions.
1. Install new sidewalks and curbs and gutters in accordance with the Department of
Public Works approved standards.
2. A residential driveway approach shall be installed in accordance with Department of

PublicWorks approved standards.
3. Roof leaders and site drainage shall be directed to the City stormwater drainage system.
A dissipator box or other energy reduction method shall be used.
4. Efficient irrigation systems shall be used throughout all landscaped areas in accordance
with the Model Water Efficient Landscape Ordinance [or comparable local ordinance].
5. Projects with architectural copper should, if possible, purchase copper materials that
have been prepatinated at the factory. Whether patination is done offsite or onsite,
applicant should consider coating the copper materials with an impervious coating that
prevents further corrosion and runoff. If patination is done onsite, implement one or
more of the following:
Discharge the rinse water to landscaping. Ensure that the rinse water does not
flow to the street or storm drain. Block off storm drain inlet if needed.
Collect rinse water in a tank and pump to the sanitary sewer. Contact your
local sanitary sewer agency before discharging to the sanitary sewer.
Collect the rinse water in a tank and haul offsite for proper disposal.
March 1, 2016
Page 9
6. Projects subject to Provision C.3.i (individual single family home projects that create
and/or replace 2,500 square feet or more of impervious surface, and other projects that
create and/or replace at least 2,500 square feet of impervious surface but are not C.3
Regulated Projects) shall implement at least one of the six site design measures listed
below:
a) Direct roof runoff, and runoff from sidewalks, walkways, and/or patios onto
vegetated areas.
b) Direct roof runoff into cisterns or rain barrels and use rainwater for irrigation or
other nonpotable use.
c) Direct roof runoff onto vegetated areas.
d) Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas.
e) Direct runoff from driveways and/or uncovered parking lots onto vegetated area.
f) Construct sidewalks, walkways, and/or patios with permeable surfaces.
B. The following conditions shall be met prior to the issuance of the first building permit
(i.e., foundation permit) and/or site development permits except as otherwise specified in
the conditions.
1. Prior to insurance of a building permit, the applicant shall obtain Council approval for a
permanent encroachment for the proposed driveway bridge structure and associate
structural components prior to issuance of building permit.
2. The applicant shall dedicate a storm drain easement (10 typical but allowed to reduce to
7 wide for the portion next to the building) for the 12 storm drain pipe prior to issuance
of building permit. Applicant shall submit easement dedication application with fee, legal
descriptions, easement deed and plats etc.
3. The applicant shall remove and replace the existing 12 CMP with 12 RCP from the
existing storm manhole (on Arthur Avenue) and along the west side of property next to
the building. The applicant shall be required to construct new manholes at angle points
and connections to the existing pipe.
4. The property owner/applicant shall apply for and obtain temporary encroachment permits
from the Department of Public Works for work in the City public right-of-way,
easements or property in which the City holds an interest, including driveway, sidewalk,
sewer connections, sewer clean-outs, curb drains, storm drain connections, placement of
a debris box.
March 1, 2016
Page 10
5. Property owner/applicant shall apply for and obtain a grading permit from the
Department of Public Works. The grading permit fee is based on the total amount of earth
moved including cut and fill.
6. Verify location of utility meters, valves, back flow preventers, and hydrants with
appropriate utility company. Show relationship of each to site improvements, such as
retaining walls.
7. The owner/applicant shall submit a grading plan prepared by a California-registered Civil
Engineer in accordance with City Grading Ordinance, Chapter 9, Section 3 of the City
Code, with a grading permit application, for approval by the Department of Public Works
and Building Division prior to any grading or clearing being performed on-site.
a) The applicant should note that if the proposed grading meets one or more of the
criteria outlined in Section 9-23 of the City Code, a Planning Commission review
will be required. Caution: If the total grading quantity changes after Planning
Commission approval, a new grading approval may be required. The applicant
may choose to complete the grading plan and calculations early in the planning
process to limit delays in scheduling this review. (See Section 9-28 of City Code
for review process). The plan shall incorporate the following restrictions:
b) All soils stockpiled on the site during construction shall be covered or otherwise
protected from wind and water erosion.
c) During construction, erosion and sedimentation control plans shall be
implemented in order to retain sediments on-site.
d) Site grading and finished construction shall be designed and executed in such a
manner as to avoid diverting runoff onto other properties.
e) Restrictions and recommendation of the Geologic and Soils report as approved by
the Citys Geologist.
8. The owner/applicant shall submit a dust control plan for approval by the Department of
Public Works. To reduce dust levels, exposed earth surfaces shall be watered as
necessary. The application of water shall be monitored to prevent runoff into the storm
drain system. Spillage resulting from hauling operations along or across any public or
private property shall be removed immediately. Dust nuisances originating from the
contractors operations, either inside or outside of the right-of-way shall be controlled.
The measures shall also include:
a) Water all active construction sites at least twice daily.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard.
c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
March 1, 2016
Page 11
d) Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites.
e) Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
f) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
g) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed
stockpiled materials.
h) Install sandbags or other erosion-control measures to prevent silt runoff to public
roadways.
i) Replant vegetation in disturbed areas as quickly as possible.
j) Watering should be used to control dust generation during the break-up of
pavement.
k) Cover all trucks hauling demolition debris from the site.
l) Use dust-proof chutes to load debris into trucks whenever feasible.
m) Water or cover stockpiles of debris, soil, sand or other materials that can be blown
by the wind.
n) All construction equipment shall be maintained and properly tuned in accordance
with manufacturers specifications. All equipment shall be checked by a certified
mechanic and determined to be in proper running order prior to operation.
o) Diesel powered equipment shall not be left inactive and idling for more than five
minutes, and shall comply with applicable BAAQMD rules.
p) Use alternative fueled construction equipment, if possible.
q) All vehicle speeds on unpaved roads shall be limited to 15 mph.
r) Post a visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints. This person shall respond and take corrective
action within 24 hours. The Air District phone number shall also be visible to
ensure compliance with applicable regulations.
9. The proposed development may add or replace the impervious surface area of the
property. The applicant shall provide calculations showing the total impervious area of
the completed project with the building permit application. Calculations shall be
submitted to the Department of Public Works for review and approval.
10. A written report prepared by a Geotechnical Engineer shall be submitted in accordance

with Section 9-36 of the City Code.
March 1, 2016
Page 12
11. A written report prepared by a Geotechnical Engineer shall be submitted in

accordance with Section 9-36 of the City Code.
12. Applicant must possess a valid sewer lateral certificate issued under City Ordinance
Section 21-213 before receiving a final building permit for:
a) Improvements valued by the building official at $200,000 or more, or
b) Work associated with a change in water service (e.g. change in meter size or
adding a second meter).
13. The applicant shall install a sanitary sewer connection in accordance with Department
of Public Works and approved standards, and pay the applicable sewer connection fee.
14. The applicant shall submit an erosion and sedimentation control plan describing Best
Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering
the storm drain system. The plan shall include the following items:
a) A site plan showing the property lines, existing and proposed topography, and
slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area;
areas with existing vegetation to be protected; existing and proposed drainage
patterns and structures; watercourses or sensitive areas on-site or immediately
downstream of project; and designated construction access routes, staging areas
and washout areas.
b) Erosion and sediment controls to be used during construction, selected as
appropriate from the California Regional Water Quality Control Board, San
Francisco Bay Region Erosion and Sedimentation Control Field Manual
(available from: Friends of the San Francisco Estuary, P.O. Box 791, Oakland,
CA 94604-0791.
c) Methods and procedures to stabilize denuded areas and install and maintain
temporary erosion and sediment control continuously until permanent erosion
controls have been established.
d) Provision for preventing erosion and trapping sediment on-site, such as sediment
basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm
drain inlet protection, soil blankets or mats, covers for soil stock piles and/or other
measures.
e) Provisions for installing vegetative cover in disturbed areas, including areas to be
seeded, planted, and/or mulched, and types of vegetation proposed.
f) Provision for diverting on-site runoff around exposed areas and diverting off-site
runoff around the project site (e.g., swales and dikes).
g) Notes, specifications, and/or attachments describing the construction, operation
and maintenance of erosion and sediment control measures, including inspection
frequency; methods and schedule for grading, excavation, filling clearing of
March 1, 2016
Page 13
vegetation and storage and disposal of excavated or cleared material; types of

vegetative cover and mulch, including methods and schedules for planting and
fertilization; and provisions for temporary and permanent irrigation.
15. All plans shall conform to the requirements of the City NPDES stormwater discharge
permit and the San Mateo Stormwater Pollution Prevention Plan (STOPPP). The project
plans shall include permanent storm water quality protection measures. The project plans
shall identify Best Management Practices (BMPs) appropriate to the uses to be
conducted on-site to effectively prohibit the discharge of pollutants with storm water
run-off. A Maintenance and Operation Agreement shall be prepared by applicant
incorporating the conditions of this section.
16. All landscaping shall be maintained and shall be designed with efficient irrigation
systems to reduce runoff, promote surface filtration, and minimize the use of fertilizers,
herbicides and pesticides.
17. Project shall incorporate landscaping that minimizes irrigation and runoff, promotes
surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other
appropriate sustainable landscaping practices such as Bay-Friendly Landscaping.
18. Roof drains shall drain away from the building and be directed to landscaping or a
stormwater treatment measure.
C. The following conditions shall be met prior to occupancy except as otherwise specified in
the conditions.
1. Grading shall be performed in accordance with the City Grading Ordinance, Chapter 9 of
the City Code. Soil or other construction materials shall not be stockpiled in the public
right-of-way unless an encroachment permit is obtained from the Department of Public
Works. Grading shall neither be initiated nor continued between November 15 and April
15. Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday unless otherwise specifically authorized by the Director of Public Works. The
Stormwater Pollution Prevention Program Best Management Practices (BMPs) for
construction shall be implemented to protect water quality.
2. The owner/applicant shall ensure that applicable Best Management Practices (BMPs)
from the San Mateo Stormwater Pollution Prevention Program (STOPPP) are followed to
prevent discharge of soil or any construction material into the gutter, stormdrain system
or creek.
3. The owner/applicant shall ensure that all construction personnel follow standard BMPs
for stormwater quality protection during construction of project. These includes, but are
not limited to, the following:
March 1, 2016
Page 14
a) Store, handle and dispose of construction materials and wastes properly, so as to

prevent their contact with stormwater.
b) Control and prevent the discharge of all potential pollutants, including solid
wastes, paints, concrete, petroleum products, chemicals, washwater or sediment,
and non-stormwater discharges to storm drains and watercourses.
c) Use sediment controls, filtration, or settling to remove sediment from dewatering
effluent.
d) Do not clean, fuel, or maintain vehicles on-site, except in a designated area in
which runoff is contained and treated.
e) Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer
zones, trees, and drainage courses with field markers or fencing.
f) Protect adjacent properties and undisturbed areas from construction impacts using
vegetative buffer strips, sediment barriers or filters, dikes, mulching or other
measures as appropriate.
g) Perform clearing and earth moving activities only during dry weather (April 15
through November 14).
h) Limit and time applications of pesticides and fertilizers to prevent polluted runoff.
i) Limit construction access routes and stabilize designated access points.
j) Do not track dirt or other materials off-site; clean off-site paved areas and
sidewalks using dry sweeping methods.
4. If construction is not complete by the start of the wet season (November 15 through April
15), prior to November 15 the developer shall implement a winterization program to
minimize the potential for erosion and sedimentation. As appropriate to the site and status
of construction, winterization requirements shall include inspecting/maintaining/cleaning
all soil erosion and sedimentation controls prior to, during, and immediately after each
storm event; stabilizing disturbed soils through temporary or permanent seeding,
mulching, matting, tarping or other physical means; rocking unpaved vehicle access to
limit dispersion of mud onto public right-of-way; covering/tarping stored construction
materials, fuels, and other chemicals. Plans to include proposed measures to prevent
erosion and polluted runoff from all site conditions. As site conditions warrant, the
Department of Public Works may direct the developer to implement additional
winterization requirements.
5. Fire sprinkler test water shall discharge to onsite vegetated areas, or, alternatively shall be
discharged to the sanitary sewer system, subject to the local sanitary sewer agencys
authority and standards.
6. Air conditioning condensate shall drain to landscaping, or alternatively may be connected

to the sanitary sewer system, subject to the local sanitary sewer agencys authority and
standards.
March 1, 2016
Page 15
7. After the City permits are approved but before beginning construction, the
owner/applicant shall hold a preconstruction conference with Building and Public Works
Department staff and other interested parties. The developer shall arrange for the
attendance of the construction manager, contractor, and all subcontractors.
8. Failure to comply with any permit condition may result in a Stop Work order or other
penalty.
III. COMPLY WITH THE FOLLOWING CONDITIONS OF THE BELMONT FIRE

DEPARTMENT:
1. A separate application and permit are required for the installation or alteration of any
Automatic Fire Extinguishing System. Application shall be made by either a Registered
Engineer or by the Licensed Fire Sprinkler Contractor who will be performing the work.
This shall include any Fixed Fire Protection System. A valid Permit and Approved Plans
shall be at the jobsite at all times.
2. Prior to application for a Fire Sprinkler Permit, the applicant shall submit plans to the
Mid-Peninsula Water District for their review and approval. Please contact MPWD at
650-591-8941.
3. A separate application and permit are required for the installation of any underground fire
service lines. Application shall be made by a Registered Engineer or by either a General
Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing
the work.
4. Every building, or structure, shall be provided with an address. Numerals shall be located
where clearly visible from the street or roadway upon which it fronts. Residential
Structures shall have numerals a minimum of 4 inches in height and of stroke.
Commercial Structures shall have numerals a minimum of 6 inches in height and inch
stroke. Numerals shall be of contrasting color to their background and illuminated at
night. Numerals shall be white in color where located upon glazing.
5. Plans to be submitted for building permits shall show the location of all required Smoke
Alarms and Carbon Monoxide Alarms, in accordance with CRC Sections 314 & 315.
6. In accordance with the Municipal/Regional Stormwater Permit, no fire sprinkler system

drain shall discharge into any Storm Drain System. The system shall discharge to either a
landscape area large enough to contain the outflow, or to the Sanitary Sewer by means of
an indirect connection. Show the location of the Fire Sprinkler System drain on plans
submitted for a building permit.
7. Plans to be submitted for building permits for the project shall identify the size of
bedroom windows, demonstrating that they meet egress requirements of CRC 310.
March 1, 2016
Page 16
8. This project shall require a fire inspection. All fire inspections are performed on
Wednesdays between 9AM - 2PM, unless special arrangements are made with the Fire
Inspector. Please call 650-637-2939 a minimum of 48 hours in advance to place your
inspection request.
IV. COMPLY WITH THE FOLLOWING CONDITIONS OF THE POLICE

DEPARTMENT:
1. All activities shall be subject to the requirements of the Belmont Noise Ordinance.
2. No debris boxes or building materials shall be stored on the street.
3. Flag persons shall be positioned at both ends of blocked traffic lanes.
4. 24-hour written notice to the Police Department is required before any lane closure.
Certification of Approved Final Conditions:
Rob D. Gill, Associate Planner Date

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MEETING OF MARCH 1, 2016

AGENDA ITEM NO. 5B

Application I.D.: 2014-0025

Location: Vacant Lot on Arthur Avenue

Applicant: Alex Mortazavi

Owner: Elie Mehrdad

Zoning: R-1B Single Family Residential

General Plan Designation: RL Low Density Residential

Environmental Determination: Categorically Exempt, Section 15303,

2607 2642 2415

2625 2632 2131 2129

2616 2446 2204 2206 2217 12

2612 2606 2448 2206

2612 2443 2209 2221

0 125 250 500 Feet

ZONING/GENERAL PLAN DESIGNATION

Main Floor Level

Lower Floor Level

Master Suite with closet and bath

The exterior materials of the proposed residence include:

Garage Door: Wood-based design with frosted glass

Proposed Tree Removals

Groundwork and Geotechnical Recommendations

Criteria Existing Proposed Required or Max.

GENERAL PLAN CONFORMANCE

ZONING CONFORMANCE & VARIANCE REQUEST

The applicant is requesting a variance to allow a single-family dwelling to maintain a 3

4. BZO Section 8.2.6 provides as follows:

A required driveway area for a single or duplex residential dwelling provided

REFERENCE MAP OF RIGHT-OF-WAY

FLOOR AREA EXCEPTION ANALYSIS

Address APN Lot Size Dwelling Size Far

Floor Area Exception

PERMANENT ENCROACHMENT PERMIT

Public Works Director Recommendation

ENVIRONMENTAL CLEARANCE (CEQA)

(a) One single-family residence, or a second dwelling unit in a residential zone. In

CONCLUSION AND RECOMMENDATION

1. Continue the application for redesign.

I. 300/500 foot radius map of project site (incorporated as Page 2 of report)

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT

WHEREAS, Alex Mortazavi, applicant, on behalf of Elie Mehrdad, property owner,

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the

(a) One single-family residence, or a second dwelling unit in a residential zone. In

(b) There are exceptional or extraordinary circumstances or conditions applicable to the

Floor Area Exception

4. The exception would not result in excessive grading or tree removal.

Residential Design Review

F. The landscape plan incorporates:

I. Substantial compliance with the Residential Design Guidelines.

RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL

WHEREAS, Alex Mortazavi, applicant, on behalf of Elie Mehrdad property owner,

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby

Public Works Recommendation

Major Encroachment Permit Findings

CONDITIONS OF PROJECT APPROVAL

I. COMPLY WITH THE FOLLOWING CONDITIONS OF THE COMMUNITY

Geotechnical Plan Review The Project Geotechnical Consultant shall review

The results of the plan review should be summarized by the geotechnical

Geotechnical Construction Inspection The Project Geotechnical Consultant shall

7. The project is subject to Community Development Department and Consulting City

(a) PRUNING / ARBORIST OF RECORD:

(i) It is suggested that the applicant retain a qualified ISA-Certified Arborist