ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:

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1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BELMONT AMENDING REGULATIONS FOR ALLOWABLE HOME SIZE IN R-1 DISTRICTS IN THE BELMONT ZONING ORDINANCE (ORDINANCE NO. 360) THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS: SECTION 1. BZO SECTION AMENDED City of Belmont Ordinance No. 360 ( Belmont Zoning Ordinance ) Section is amended to read: SITE AREA, DIMENSIONS AND DENSITY LIMITATIONS (a) (c) [text unchanged] (d) ALLOWABLE GROSS FLOOR AREA. The maximum allowable Gross Floor Area (GFA) without approval of a floor area exception is the lesser of the permissible GFA in Table 4 Slope/Intensity and Table 5 Lot Size/Intensity (1) : The permissible Gross Floor Area (FA) of buildings in R-1 Districts based on slope is the greater of 1,200 sq. ft. or the product of multiplying net lot area by the Floor Area Ratio corresponding to the slope of the lot as shown in the following charttable 4 Slope/Intensity: [text of chart unchanged] TABLE 4 SLOPE/ INTENSITY The maximum permitted gross floor area in all R-1 districts is 5,000 square feet. (2) The permissible Gross Floor Area in R-1 Districts based on lot size is as shown in Table 5 Lot Size/Intensity: TABLE 5 LOT SIZE/ INTENSITY R1-District Lot Size Max Allowable GFA 10,000 sf 3,500 sf R-1A R-1B R-1C > 10,000 sf 3,500 sf sf per square foot of lot over 10,000 sf up to 5,000 sf total GFA and comply with 4.2.3(g) R-1E R-1H 10,000 sf 4,500 sf > 10,000 sf 5,000 sf and comply with 4.2.3(g) Page 1 of 8

2 (e) (f) [text unchanged] (g) New construction resulting in a GFA greater than 3,500 sq. ft. on a lot in the R- 1A, R-1B and R-1C Districts and 4,500 sq. ft. on a lot in the R-1E and R-1H Districts must comply with the setback standards in this subsection. (1) Notwithstanding section 9.6.3(b), the new construction may not extend building walls along a legal non-conforming side yard setback line. (2) Except for underfloor additions within the footprint of the existing building, new construction must comply with the setbacks in Table 6 Setbacks For Larger Residence. TABLE 6 - SETBACKS FOR LARGER RESIDENCES Setback (feet) R-1 District R-1A R-1B, R-1C R-1E R-1H Front 20 1, , Rear Side Notes: 15% lot width or 10 ft. whichever is greater 15% lot width or 10 ft. whichever is greater 20 15% lot width or 10 ft. whichever is greater Street Side Applies to 40 foot right-of-way. 2. Applies to 50 foot right-of-way. SECTION 2. BZO SECTION AMENDED City of Belmont Ordinance No. 360 ( Belmont Zoning Ordinance ) Section is amended to read: EXCEPTIONS TO SINGLE FAMILY FLOOR AREA STANDARDS. (a) (b) (c) (d) PURPOSE. Exceptions to single family floor area standards may be granted when lot size and site conditions can appropriately support larger homes, or to assist in providing required off-street garage parking. APPLICATION. Application for an exception shall be made to the Commission uponon a form provided by the Community Development Department. The application shall contain or be accompanied by all information and plans specified on the application form provided. FEE. The application shall be accompanied by a receipt showing that an application fee in accordance with the fee schedule established by resolution of the City Council payment of the application fee required by the City s fee schedule. PLANNING COMMISSION REVIEW REQUIRED. - All (1) Public Hearing. Aapplications for exceptions to floor area standards, except Page 2 of 8

3 administrative exceptions, shall be considered by the Planning Commission in a public hearing noticed in the manner set forth in Section (2) Findings. When approving, or conditionally approving, or denying any application for an exception, the Commission shall consider whether the findings set forth below are supported by the request. The Commission shall deny anyan application not meeting all of these findings: 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. 2. The addition will not adversely affect the views or privacy of adjacent property. 3. The addition is compatible with the existing residence and neighboring properties. 4. The exception would not result in excessive grading or tree removal. (A) The granting of the exception will achieve one or more of the following: (i) (ii) (iii) provide ggreater floor area equity among property owners with different sized lots and within the same zoning district and neighborhood without the resulting Floor Area Ratio (FAR) exceeding the average FAR for properties within the same zoning district and within 300 feet from the exterior boundaries of the project site. eenable interior additions located within the confines of the existing exterior walls; aassist in providing required off-street garage parking (for existing homesresidences that currently have substandard parking). (B) The granting of the exception will not result in a substantial adverse impact to the views or privacy of adjacent property owners. (C)3). The granting of the exception will not result in significant bulk for a new homebuilding or a significant increase in building bulk for an existing existingbuilding home. (3) Criteria For Substantial Adverse Impact to Views or Privacy. The following criteria shall be used by the reviewing authority to determine whether a Floor Area Exception will have a substantial adverse impact on views or privacy: (A) Private views. A private view is an unobstructed view from a bedroom, Page 3 of 8

4 common area, or amenity area (deck, patio, etc.) to a prominent natural feature or landmark (i.e., the San Francisco Bay or undeveloped ridgelines). A substantial adverse impact may be determined based on: (i) (ii) (iii) (iv) (B) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Where the view originates (which room or amenity area); The relative value of other views that occur on site; The quality of the natural feature or landmark in the view; How much of the view is obstructed. Privacy. A substantial adverse privacy impact may be determined based on: Setbacks/Additional Setbacks; Topography; Window design; Window to window alignment; Vegetation; Location of decks, balconies, pools, and other amenity areas; Buffer strips and fencing; Location of parking and access ways; Location of entries and paths of travel; Lighting. (4) Standard for Review of Building/Addition Location. As much as practical, the resulting new construction would be located to avoid or reduce bulk, privacy and private view impacts to adjacent properties. E(e). ADMINISTRATIVE EXCEPTIONS.: The Director of Community Development Director may administratively approve exceptions to floor area standards for single family homes in Table 4 Slope\Intensity on lots 5,000 square feet or greater for the following types of projects provided the Director finds thatafter making the findings listed under Section D(d) (2)(1A) - (3C) and the required standards for the respective application type are met. All Floor Area Exception applications for lots below 5,000 sq. ft. in area shall be subject to Planning Commission review and approval in accordance with the provisions of Section D (1-3). (1) Garage additions. Garage additions that meet all of the following: (A) (B) The addition is 450 sq. ft. or less. There is no garage or a less than conforming two-car garage on site. Page 4 of 8

5 (C) The resulting home would not be larger than the maximum permitted home size allowed within the applicable R-1 zoning district under Table 5 Lot Size/Intensity. (2) Interior Additions. Interior additions that meet all of the following: (A) (B) (C) (D) The addition would be 500 sq. ft. or less. All added floor area will be located entirely within the confines of the exterior walls of the main structure, and will not result in the moving, extending, or addition of any exterior walls. The resulting home would not be larger than the maximum permitted home size allowed within the applicable R-1 zoning under Table 5 Lot Size/Intensity. No floor area exception for the dwelling for an interior addition has previously been approved and built on the subject property. (f) Any qualifying property for an Administrative Floor Area Exception Application which is not found to meet the criteria below and findings listed Section D (1-3), shall not be administratively approved and shall be subject to the same procedures requiring Planning Commission review. 1. Findings for a garage addition of 450 sq. ft. or less: a. The addition will not adversely affect the views or privacy of adjacent property. b. The addition is compatible with the existing residence and neighboring properties. c. The addition would not result in the removal of any protected trees or require excessive grading as described below: 300 or more cubic yards of combined cut/fill, or 2,000 or more square feet of disturbed site area d. The addition complies with required front, rear, and side yard setbacks for the applicable R-1 zoning district. Any garage addition that continues a non conforming yard setback for the dwelling or the property shall be subject to variance review and approval by the Planning Commission pursuant Section 14 (Variances), as set forth herein. e. The amount of exception requested would be used entirely for the construction of garage parking spaces for an existing residence which currently does not have a full (20 ft. x 20 ft.) two car garage. f. The exception requested will not be used for constructing or enlarging a garage (beyond a 20 ft. x 20 ft. interior clear dimension) to have more than Page 5 of 8

6 two parking spaces, nor will the exception be used to construct storage or work areas within the garage. g. The granting of the exception will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. h. The exception, if granted and built, will not cause the home to be larger than the maximum permitted home size allowed within the applicable R- 1 zoning district. i. No floor area exception for the dwelling for a garage addition/expansion has previously been approved and built on the subject property. j. Any administrative exception previously approved for a garage addition/expansion which has not yet been built, will be null and void upon approval of the current request. 2. Findings for interior additions of 350 sq. ft. or less: a. All added floor area will be located entirely within the confines of the exterior walls of the main structure, and will not result in the moving, extending, or addition of any exterior walls, or modifications to any roofline of the dwelling. b. The addition will not be used for construction of a secondary dwelling unit. c. The addition will not adversely affect the privacy of adjacent property. d. The exception, if granted and built, will not cause the home to be larger than the maximum permitted home size allowed within the applicable R- 1 zoning district. * e. The granting of the exception will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. f. The addition is compatible with the existing residence and neighboring properties. g. No floor area exception for the dwelling for an interior addition has previously been approved and built on the subject property. h. Any administrative exception previously approved for an interior addition which has not yet been built, will be null and void upon approval of the current request. i. The addition would not result in the removal of any protected trees or require excessive grading as described below: 300 or more cubic yards of combined cut/fill, or Page 6 of 8

7 2,000 or more square feet of disturbed site area F. EFFECT - An exception to floor area standards shall become effective 10 days following the date on which the request is granted unless subject to an appeal. An exception which has been the subject of an Appeal to the Council or review by the Council shall become effective 3 days following the date on which the exception is granted by the Council. (g)g. (h)h. (i)i. (j)j. LAPSE OF RESIDENTIAL FLOOR AREA EXCEPTION AND EXTENSION OF TIME - An exception shall lapse and shall become null and void one year following the date on which it became effective, unless prior to the expiration of one year, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the sight, or a certificate of occupancy is issued by the Building Official for the site which was the subject of the Exception application. Extensions of time shall be governed by Section REVOCATION - An exception shall be deemed null and void upon a finding by the Zoning Administrator that the property for which such exception has been granted is in violation of any applicable provision of this Ordinance, or that there has been failure to comply with any condition or conditions imposed in the granting of such exception. NOTICE OF HEARING - All exceptions considered by the Planning Commission shall be subject to the noticing requirements of Section 11. NOTICE OF ADMINISTRATIVE ACTIONS - Notice of administrative approvals shall be mailed to the Planning Commission and City Council, and to all property owners within 300 feet of the property which is subject to the approval, stating the opportunity to file a written appeal. Notice to the Council and Commission may be provided by . SECTION 3. FINDINGS (a) The amendments to the Belmont Zoning Ordinance adopted herein are required to achieve the objectives of the Zoning Plan and the General Plan for the City. (b) The amendments support the protection and promotion of the comfort, convenience, and general welfare of the community, and fulfill the General Community Goals and Policies of the General Plan. SECTION 4. CEQA On April 28, 2015, the City Council approved a negative declaration in conjunction with the Belmont Text Amendments Project which consists of various modifications to the Belmont Zoning Ordinance and Tree Ordinance and related design criteria and guidelines that primarily affect single family homes and second units (the Original Project ). The negative declaration together with the initial study are incorporated herein by reference. The City Council introduced substantially new amendments, including this ordinance, to address concerns with the previous amendments (the Modified Project ). The City has caused to be prepared an Addendum to the Negative Declaration (the November 2016 Addendum ), in accordance with CEQA Guidelines Section 15164, to determine whether the changes proposed to the Original Project could result in Page 7 of 8

8 any of the circumstances requiring that a subsequent or supplemental EIR be prepared under Public Resources Code Section (CEQA Guidelines Section 15162). On, the City Council adopted Resolution 2016-, incorporated herein by reference, determining that no subsequent or supplemental environmental document is required for the Modified Project. SECTION 5. EFFECTIVE DATE. This Ordinance takes effect 30 days after its adoption. SECTION 6. PUBLICATION AND POSTING The City Clerk has caused to be published a summary of this ordinance, prepared by the City Attorney under Government Code Section 36933, subdivision (c), once, in a newspaper of general circulation printed and published in San Mateo County and circulated in the City of Belmont, at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the City Clerk at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary of this ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance. * * * The City Council of the City of Belmont, California introduced the foregoing ordinance, on July 14, 2015 November 922, 2016 and adopted the ordinance at a regular meeting held on, 2016 by the following vote: Ayes: Noes: Absent: Abstain: ATTEST: City Clerk Mayor APPROVED AS TO FORM: City Attorney Page 8 of 8

ORDINANCE NO. 91. The Town Council of the Town of Yucca Valley, California, does ordain as follows:

ORDINANCE NO. 91. The Town Council of the Town of Yucca Valley, California, does ordain as follows: ORDINANCE NO. 91 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING TITLE 8, DIVISION 3, CHAPTER 3, OF THE COUNTY OF SAN BERNARDINO DEVELOPMENT CODE AS ADOPTED BY THE TOWN