Belvedere City Zoning Code
19.28 Duplex
and Multifamily Residential Zones R-2 and R-3 Zones
19.28.010 Purpose.
The purpose of this chapter is to establish the land uses that may be allowed within the duplex and multifamily residential zones established by Chapter 19.12 (Zones Established—Boundaries and Zoning Map), determine the type of zoning permit (if any) required for each use, and provide objective design development standards for design, site layout, and building size. These requirements constitute “objective standards” under current State housing law, including but not limited to Government Code Sections 65913.4, 655589.5, and 756852.21*, to provide clear development standards that allow for nondiscretionary, streamlined review processes.
The duplex and multifamily zones are intended to promote and encourage the establishment and maintenance of a suitable environment for family living in areas appropriate by location and character for single-family, two-family, and multifamily dwellings. (Ord. 2025-10 § 8, 2025.)
* Code reviser’s note: Per the City of Belvedere, the correct Government Code Sections are 655832(h) and (i).
19.28.020 Permitted uses.
The following table identifies the uses permitted in each duplex and multifamily residential zone:
Permitted Use | R-2 | R-3 |
|---|---|---|
Residential Uses | ||
All uses and accessory uses permitted in the single-family residential zones (R-1C, R-1L, R-1W, and R-15), subject to the same requirements and regulations provided in Chapter 19.24. | Permitted | Permitted |
Two-family dwellings Including duplex and townhouses. | Permitted | Permitted |
Multifamily dwelling Including apartment houses, apartment courts, townhouses, and multifamily dwellings. | Not Permitted | Permitted |
Transitional and supportive housing facilities. Intermediate or community care facility (1) | Permitted | Permitted |
Additional Uses | ||
Accessory uses Necessary to any of the above uses, and accessory buildings located on the same lot | Permitted | Permitted |
Structures, facilities, and uses relating to or convenient or necessary for any function of municipal government | Permitted | Permitted |
Public buildings, parks and playgrounds | Use Permit Required | Use Permit Required |
Electric substations and other public utility facilities | Use Permit Required | Use Permit Required |
Large residential or community care facilities serving seven or more individuals | Use Permit Required | Use Permit Required |
Off-street parking facilities associated with housing units | Use Permit Required | Use Permit Required |
Professional office or activity | Not Permitted | Use Permit Required |
Churches and club buildings | Not Permitted | Use Permit Required |
Nursery schools and preschools | Not Permitted | Use Permit Required |
Roof decks | Not Permitted | Not Permitted |
Notes:
(1)As defined by State law or any other residential care facility (as defined by the Fair Housing Act). All such facilities shall be subject to all regulations of the California Health and Safety Code.
(2)Pursuant to State law, any proposed residential development previously identified in Belvedere’s 5th Cycle Element Sites Inventory in Section 4, Table 41, page 86, shall be subject only to ministerial review to determine compliance with the objective standards of this title. No discretionary design review shall be required.
(Ord. 2025-10 § 8, 2025; Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2014-3 § 8, 2014; Ord. 89-1 § 1, 1989. Formerly 19.28.010.)
19.28.030 Prohibited uses.
The following uses are prohibited in the R-2 and R-3 zones: all uses not specified in Section 19.28.010 or 19.28.020. (Ord. 2025-10 § 8, 2025; Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989.)
19.28.040 Development standards.
The following standards apply to construction within the R-2 and R-3 zones. The full text of the requirements summarized here is located in Chapters 19.44 through 19.68. In the event of a discrepancy between the following chart and the code section, the code section shall prevail.
For all applicable regulations concerning the determination and measurement of slope, height, setbacks, and other development standards, see Chapters 19.44 through 19.68.
R-2 (Duplex Residential Zone) | R-3 (Multifamily Residential Zone) | |
|---|---|---|
Minimum lot size | 6,000 square feet | 6,000 square feet |
Minimum lot width | 60-foot average | 60-foot average |
Minimum lot frontage | 60 feet | 60 feet |
Density | Minimum 5 units per net acre Maximum 20 units per net acre | Minimum 5 units per net acre Maximum 20 units per net acre |
Front yard setback Please see Sections 19.48.010, 19.48.060, and Chapter 19.56 for additional conditions | 5 feet—For a structure no greater than 15 feet above existing grade within first 40 feet from front property line | 5 feet—For a structure no greater than 15 feet above existing grade within first 40 feet from front property line |
10 feet—For a structure greater than 15 feet but below 25 feet above existing grade within first 40 feet from front property line | 10 feet—For a structure greater than 15 feet but below 25 feet above existing grade within first 40 feet from front property line | |
15 feet—For a structure greater than 25 feet above existing grade within first 40 feet from front property line | 15 feet—For a structure greater than 25 feet above existing grade within first 40 feet from front property line | |
Side yard setback | 5 feet—For a structure no greater than 15 feet above existing grade | 5 feet—For a structure no greater than 15 feet above existing grade |
10 feet—For a structure greater than 15 feet but below 25 feet above existing grade | 10 feet—For a structure greater than 15 feet but below 25 feet above existing grade | |
15 feet—For a structure greater than 25 feet above existing grade | 15 feet—For a structure greater than 25 feet above existing grade. One foot of setback is required for every foot of building height over 25 feet. | |
Rear yard setback Please see Section 19.48.170 for additional conditions | 20 feet abutting another lot | 20 feet abutting another lot |
15 feet abutting a street, alley or private way | 15 feet abutting a street, alley or private way | |
20 feet abutting water | 20 feet abutting water | |
Setback for conditional use | 10 feet, or minimum for that yard, whichever is greater | 10 feet, or minimum for that yard, whichever is greater |
Maximum lot coverage Please see Chapter 19.56 for additional conditions | 40 percent for structures excluding uncovered decks | 40 percent for structures excluding uncovered decks |
50 percent for structures excluding uncovered decks if adjacent to water | 50 percent for structures excluding uncovered decks if adjacent to water | |
60 percent total coverage | 60 percent total coverage | |
Maximum floor area Please see Section 19.52.120 for exception procedure. | Ratio of .50 to lot area For lots with areas less than or equal to 8,000 square feet | n/a |
4,000 square feet For lots with areas greater than 8,000 square feet | n/a | |
Maximum height Please see Chapter 19.56 for additional conditions. | 22 feet, plus a one-foot bonus for every additional foot of additional second-story setback to a maximum of 26 feet. Height is measured from existing grade. If the structure constitutes a “substantial improvement” under FEMA regulations, height is measured from base flood elevation plus one foot of freeboard. In no event shall a structure be constructed to a height above 29 feet from existing grade as defined in Section 19.08.224. | Up to 34 feet as measured from the highest point of the structure (excluding chimneys) to base flood elevation plus one foot of freeboard and a maximum of 36 feet as measured from existing grade as defined in Section 19.08.224. Up to a 38-foot maximum as measured from existing grade shall be provided if projects meet requirements of Section 19.36.040(A). |
Usable open space | 300 square feet/unit/public | 200 square feet/unit/public |
450 square feet/unit/private | 300 square feet/unit/private | |
Off-street parking | 2 spaces per unit. Must be on the same lot as main building. For duplex and multifamily dwellings, in closed garage or covered carport. | 1.25 spaces per unit of 2 or fewer bedrooms 2 spaces per unit of 3 or more bedrooms 2 spaces minimum per detached single-family dwelling 4 spaces minimum per detached two-family dwelling For residential uses, must be located on same lot as the main building For duplex and multifamily dwellings, in closed garage or covered carport For nonresidential uses, may be in open lot, if landscaped and approved by the Planning Commission |
A. Incentives for Affordable Housing and Lot Consolidation in the R-3 Zone. The following standards shall apply to a development project in the R-3 zone that (1) consolidates parcels so that the development site acreage is one-half acre or greater and (2) creates three or more new units, with twenty percent of the new units affordable to households making less than eighty percent of the area median income:
1. Lot Area/Unit. The maximum allowable density (i.e., minimum lot area/unit) shall be calculated over the total combined area of contiguous parcels equal to or greater than one-half acre under common ownership.
2. Density. The minimum allowable density on the consolidated site shall be twenty units per net acre and the maximum allowable density shall be twenty-eight units per net acre.
3. Off-Street Parking. Only one parking space and one-half common parking space is required per unit.
4. Usable open space: one hundred fifty square feet of private open space and one hundred fifty square feet of public open space if the development site is within one thousand linear feet of an existing park.
5. Maximum lot coverage: forty-five percent.
6. Maximum height: thirty-eight feet for buildings with frontage on Beach Road.
For purposes of this section, “area median income” shall be defined according to the Marin County HUD Median Family Income Schedule as published by the United States Department of Housing and Urban Development and made available through the Marin Housing Authority. (Ord. 2025-10 § 8, 2025.)
19.28.050 Building design.
A. Allowable Projections Into Setbacks. The following building elements may project into the required front and street side setbacks (up to):
1. Cornices: one foot.
2. Eaves: four feet.
3. Stairs: up to the property line.
4. Balconies and bay windows: thirty inches; may not exceed twelve feet in width. No rooftop balconies or decks are permitted.
5. Wall-mounted lighting and planters: eighteen inches.
B. Building Mass and Scale.
1. Any building more than sixty feet wide shall be designed with vertical offsets or recesses so that it is seen as a series of building masses that are no wider than sixty feet each.
2. To reduce upper-story building mass, floor plates for the third story shall not exceed eighty percent of the ground-floor floor plate.
C. Services and Utilities.
1. Service areas shall be located at least thirty feet from street rights-of-way; enclosed within a building envelope; or screened from view of public sidewalk(s) with a solid wall or fence at least forty-two inches in height.
2. Ground-level utility boxes and equipment, including but not limited to back-flow preventers, air conditioner units, transformer boxes, gas and electric meters, generators and other utilities, shall not be located within a front or street side setback. If this is determined to be technically infeasible by a licensed engineer, ground-level utility boxes and equipment may be located in the front setback but shall be screened from all direct sight lines from public sidewalks by a physical enclosure and/or shrubs that can be expected to grow to the same height as the box or equipment.
D. Exterior Finish Materials. Allowable exterior building materials are set forth below. Materials not allowed include vinyl and aluminum products, including those intended to simulate wood, and rough sawn wood. Concrete block is not allowed, unless concealed by allowable materials listed below.
1. For wall elements: wood, plaster, and metal or fiber cement panels.
2. For a building base or foundation: concrete, brick, stone or plaster up to one story in height.
3. For roof elements: asphalt shingles, standing metal seam, asphalt roll roofing, tar, modified bitumen roofing, rubber or membrane roofing.
4. Materials at Corners. Veneers and other surface applications shall not be discernible. Materials shall be continued horizontally around the entirety of allowable projections and at visible exterior building corners, unless the material would be concealed by an immediately abutting structure. The same materials shall extend around an outer corner: (a) until it meets an interior corner; or (b) for at least eight feet. The edge of wood finishes shall be concealed at exterior corners by corner boards or miter joint.
5. Wood. Exterior application of wood shall be comprised of: (a) wood modules comprised of lap siding, vertical plank siding, horizontal plank siding, or shingles; or (b) exterior plywood with battens to cover joints and horizontally spaced not less than two feet on center.
6. Plaster and Concrete. For exterior application of plaster and concrete, a horizontal expansion joint or control joint shall be placed at the level of each floor and roof, and a vertical expansion joint shall occur at least every fourteen feet. For plaster, expansion and control joints shall be reinforced with metal.
7. Metal. Metal panels and metalwork may be used but shall be nonreflective and shall not produce glare. Metal pieces, panels, fasteners, and detailing shall be resistant to corrosion.
8. Brick and Stone. If brick and stone are used around a building opening, a soldier course or lintel shall be incorporated, which is above the opening and at least eight inches tall.
9. Facade Color. For building facades that can be seen from a street or public open space, pastel color finishes are not allowed, such that if not white, the color hue shall contain at least ten percent gray.
E. Windows.
1. Window Type. Operable windows shall be limited to double-hung, awning, sliding, or casement type windows.
2. Operable Windows. Rooms with exterior windows shall include one or more operable windows, except where exclusive use of fixed windows is needed to mitigate excessive noise or air quality impacts.
3. Window Materials. Solid wood or steel sash windows are required. Hollow window sections are not allowed.
4. Mullions. Mullions may not be behind glass, such as within double-glazed windows, but must project beyond the exterior of the glass surface.
5. Clear Glass. Except for bathroom windows, exterior glass shall be clear in appearance, having at least ninety percent light transmission within the visible spectrum, and shall not be mirrored, frosted, or opaque.
6. Recessed Glass. Window glass shall be recessed at least two inches behind the facade plane.
7. Wood Trim. Where a facade plane is surfaced with wood, windows shall be framed by wood.
8. Privacy. Within the same development project, facing windows shall be separated horizontally by at least twenty feet; offset horizontally by at least ten degrees perpendicular to window plane; have an interior sill height that is at least forty-eight inches above floor; or use obscured glass.
F. Roofs.
1. Projections. Parapet walls shall not extend vertically more than three feet above roof. Roof-mounted mechanical equipment shall be entirely recessed within a sloped roof, or surrounded on all sides by a parapet wall with a top edge as high as the topmost point of the equipment. The following are exempt from the limitations of this subsection: solar panels and equipment required by fire departments and other public agencies. (Ord. 2025-10 § 8, 2025.)
19.28.060 Landscape design.
A. Landscaped Setbacks. Setback areas shall be planted areas, except for areas necessary for pedestrian access, parking and vehicular access, and where utilities preclude landscaping. Landscaping shall be comprised of trees, shrubs, and ground cover which shall be selected from lists provided by the City and may include permeable paving and hardscape materials.
B. Fences and Walls. The standards of Section 20.04.150 (Fences and screening) shall apply.
C. Lighting for Parking and Open Space Areas. All lighting fixtures shall be fixed, downward-facing, covered, and shall conform with Section 20.04.180 (Exterior lighting, skylights and reflectivity). The following standards also apply:
1. Pole-mounted lighting fixtures shall not exceed a height of sixteen feet;
2. Within four feet of a building entryway, at least one wall-mounted exterior light fixture shall be provided; and
3. Exterior lighting shall be fixed, downward-facing, and covered. Exterior lighting shall not cast direct light beyond the side and rear property lines, based on lighting location, height, and fixture light-angle specifications.
D. Landscape Plan Required. A landscape documentation package shall be provided with the development application that complies with the standards of the “Model Water Efficient Landscape Ordinance” (MWELO) adopted by the California Department of Water Resources in Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations, which is hereby adopted by reference, and shall apply the MWELO to all development projects with five hundred square feet or more of landscape area. If the total landscaped area is two thousand five hundred square feet or less, an applicant may use the prescriptive compliance option provided in Appendix D of the MWELO to streamline the review process. (Ord. 2025-10 § 8, 2025.)
19.28.070 Parking facility design.
The layout of parking spaces, loading berths, parking aisles, parking area landscaping, and parking facility lighting shall comply with Chapter 19.68 and the following standards:
A. Parking spaces, loading berths, and parking aisles, if outdoors, may be located within the required front setbacks up to three feet from the street right-of-way.
1. In the R-2 zone, outdoor parking spaces, loading berths, and parking aisles may be located within the required side setbacks.
2. In the R-3 zone, outdoor parking spaces, loading berths, and parking aisles may be located within the required side setbacks or required rear setbacks.
B. Each parking stall and loading berth shall have vehicular access to the street, accessway, or alley, without passing over other parking spaces.
C. Each parking stall shall have vehicular access to a street without backing into it or another stall. Building siting and parking facility design shall maximize opportunities for shared parking in order to minimize curb cuts.
D. Each parking stall, aisle and driveway shall be graded, drained and surfaced so as to prevent dust, mud or standing water. For nonresidential lots and uses, all parking spaces, aisles, circulation directions, motorcycle spaces, pedestrian spaces, no-parking spaces and the like shall be clearly marked with durable traffic paint. Raised wheel stops or similar devices shall be provided to protect adjacent walks, fences, walls, landscaping and the like.
E. Landscaping, including trees and shrubs for shading and visual buffering, shall be required and shown as part of the parking layout. Landscaping shall be water-conserving types and shall be properly irrigated and maintained, consistent with the MWELO. Defective or dead landscaping shall be promptly replaced.
F. Sufficient lighting shall be provided to protect the public in a parking area during the time it is accessible to the public after daylight; fixed, covered, downward-facing fixtures are required to prevent glare and spillover light on adjacent properties. (Ord. 2025-10 § 8, 2025.)
