Note: This guide is based strictly on the city documents provided below and focuses on Belmont’s rules. For state-level context, we reference California law where indicated.

Overview: Are short‑term rentals allowed in Belmont, California?

• Belmont explicitly prohibits short‑term rentals (rentals for fewer than 30 days) in the city code.
• This prohibition applies to:
  • The primary residence on a lot; and
  • Any Accessory Dwelling Unit (ADU) on the same lot.
• There are no city permits or licenses for short‑term rentals in Belmont.
• Legal rental use is therefore limited to long‑term tenancies (30 days or more).

Key source: Belmont Zoning Ordinance, Section 24 (Accessory Dwelling Units), General Provision 24.3(a)(6): “Neither the accessory dwelling unit nor the single‑family home may be used for short‑term residential rentals.”

Starting a rental business in Belmont

If you intend to operate a residential rental in Belmont, the legally viable pathway is a long‑term rental (30+ days).

Step-by-step actions:

1. Confirm zoning and permitted use for the subject property. In residential zones, long‑term rentals are a typical allowed use; short‑term rentals are prohibited.
2. If your plan includes an ADU (second unit on the same lot), review ADU rules and standards before any construction or conversion.
3. If operating a business (e.g., property management, leasing), obtain a City of Belmont Business License through the City Clerk.
4. Ensure full compliance with building, fire, and safety codes.
5. If you have or plan an ADU, record a city‑approved covenant acknowledging ADU restrictions (including STR prohibition).
6. Collect and remit any applicable taxes through proper channels; note that transient occupancy taxes apply only to short‑term lodging (which is illegal in Belmont).

Required documents, permits, licenses, and guidelines

Belmont does not provide short‑term rental permits. For legal long‑term rentals and ADUs, expect the following:

• Business License (for operating a rental business)
  • Issued by the City Clerk’s Office; application details are listed on the City’s website.
  • Contact: City Clerk; see “Contact Information” section.
• ADU Application (if your project includes an ADU)
  • Building Permit Application
  • Site Plan and Floor Plans
  • Written acknowledgement by the property owner of the ADU restrictions (sale, owner occupancy, and short‑term rental prohibition)
  • For ADU additions: Exterior elevations and materials; photos
• Recorded Covenant (for ADUs)
  • Required before building permit issuance for an ADU.
  • The covenant alerts future owners to ADU restrictions, including STR prohibition.

Citations: City ADU page lists submittal requirements and notes STR prohibition and the required covenant. City Clerk licensing page lists business license application information.

Specific regulations at the city level

Belmont’s ADU ordinance (Section 24 of the Zoning Ordinance) sets clear limits relevant to any rental use on a lot with an ADU:

• General provisions (all ADUs):
  • ADUs must be on lots zoned for residential use (R‑1, R‑2, R‑3, R‑4, R‑5, HRO, residential PDs).
  • ADUs cannot be sold separately from the primary home.
  • Owner‑occupancy requirement applies when ADU and primary home are occupied by different families.
  • STR prohibition: Neither the ADU nor the primary home may be used for rentals under 30 days.
  • Ministerial approvals for ADUs that meet the standards; fire sprinklers not required unless required for the primary home.
• ADU types and key standards:
  • Interior ADUs:
    • Constructed entirely within the existing space of a single‑family home or accessory structure.
    • Independent exterior access required.
    • No additional parking required unless replacing covered spaces; then replacement spaces must be provided.
    • Utility connections may not be required; separate fees/capacity charges may apply per state law.
  • Attached ADUs:
    • Must conform to underlying zoning except where modified.
    • Floor‑area increase limited to the lesser of 50% of existing living area or 800 square feet (note: website summary indicates 850/1,000 square feet as max detached unit size; the city code text provided shows 800 square feet for detached units).
    • One additional parking space per unit up to four total spaces; may be tandem on an existing driveway.
    • No additional parking required if within 0.5 mile of public transit or car‑share pickup, or in a historic district (per state exemptions).
    • Design standards require compatibility with the primary dwelling.
  • Detached ADUs:
    • Must conform to underlying zoning with the following modifications:
      • Setbacks: minimum 5 feet from the primary dwelling; 5 feet side; 5 feet rear; special allowances when built over a garage.
      • Height: up to 15 feet (one‑story); up to 17–20 feet over a garage depending on roof type; and up to 20–24 feet over a garage when meeting standard setbacks.
      • Floor area: maximum 800 square feet (city ordinance text); website summaries note 850/1,000 square feet for detached ADUs.
      • Parking: one additional space per unit up to four total; exemptions within 0.5 mile of transit or historic districts; replacement covered spaces if garage/carport is removed.
      • Utilities and design standards mirror attached units.

Short‑term rentals vs long‑term rentals:

• Belmont’s code defines short‑term rentals as rentals for fewer than 30 days and prohibits them for both primary homes and ADUs. No city approvals exist for STRs; attempts to operate them risk code enforcement.

California statewide context:

• State law (e.g., Government Code Section 65852.2) generally requires ministerial approval for ADUs that meet specified standards and limits local restrictions. Belmont’s code implements these requirements with local modifications (setbacks, height, parking, etc.). However, the city’s prohibition on STRs is more restrictive than many jurisdictions and supersedes any statewide trend to allow STRs. This means that even if state law reduces barriers for ADUs in general, Belmont still bars STR use of both ADUs and primary homes.

Note on local enforcement:

• Code Enforcement is handled by the City’s Code Enforcement Division. Violations of zoning or rental prohibitions can result in administrative and legal actions. Owners should document compliance with all standards and maintain accurate records for any long‑term rental operation.

County and state tax considerations

• Transient Occupancy Tax (TOT): Counties typically collect TOT on lodging rented for fewer than 30 days. Because Belmont prohibits STRs, TOT would not apply to a compliant operation. If you consider jurisdictions where STRs are legal (e.g., neighboring cities), TOT collection and remittance would be required. Verify current TOT rates and registration procedures with San Mateo County if contemplating non‑Belmont STR investments.

Contact information (Belmont authorities)

• Community Development Department (Planning & Zoning)
  • Email: cdev@belmont.gov
  • Phone: 650‑595‑7417
• Permit Center / Building Department
  • City Hall, Belmont
  • Online permit and forms: Building Permit Application, search tools, and staff directory available on the City website (links below)
• City Clerk’s Office (Business Licenses)
  • Phone and directory: See City website for current listings (link below)

Source links are provided below. Use the City’s Phone Numbers & Staff Directory to confirm the most current contacts.

Source links

• Belmont, CA – Accessory Dwelling Units (ADUs): www.belmont.gov/departments/community-development/planning-and-zoning/accessory-dwelling-units-adu-s
• Belmont Zoning Ordinance – Section 24 (Accessory Dwelling Units): www.belmont.gov/home/showdocument?id=15642
• Belmont Ordinance No. 2017 (ADU amendments; STR prohibition in code text): belmont-ca.granicus.com/MetaViewer.php?view_id=1&clip_id=340&meta_id=18283
• Belmont – Building Permit Application (for ADUs): www.belmont.gov/home/showdocument?id=13476
• Belmont – Permit Center (applications, forms, staff directory): www.belmont.gov/departments/permit-center
• Belmont – Business Licenses (apply/obtain): www.belmont.gov/i-want-to/apply/business-licenses
• Belmont – Phone Numbers & Staff Directory: www.belmont.gov/i-want-to/connect/phone-numbers-staff-directory

Practical guidance for investors

• Belmont is a no‑STR market. Focus on long‑term rental strategies or re‑position assets to comply with city rules.
• If operating ADUs or converting space to create an ADU, budget for permit costs, design standards, parking obligations, and the recorded covenant.
• For tax and registration requirements outside Belmont (e.g., in STR‑friendly neighboring cities), consult county resources directly.
• Maintain meticulous records of leases, inspections, and covenant compliance to avoid enforcement risk.

This document synthesizes Belmont’s publicly available regulations and ADU standards. Always verify current requirements with the City before any development or leasing activity.