Chapter 19.28 — DUPLEX AND MULTIFAMILY RESIDENTIAL ZONES (R-2 AND R-3 ZONES)

Sections:

• 19.28.010 Purpose.

• 19.28.020 Permitted uses.

• 19.28.030 Prohibited uses. 19.28.040 Development standards.

• 19.28.050 Building design.

• 19.28.060 Landscape design.

• 19.28.070 Parking facility design.

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).

The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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The following table identifies the uses permitted in each duplex and multifamily residential zone:

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Permitted Use R-2 R-3
Residential Uses
All uses and accessory uses permitted in the single-family Permitted Permitted
residential zones (R-1C, R-1L, R-1W, and R-15), subject to the same
requirements and regulations provided in Chapter 19.24.
Two-family dwellings Permitted Permitted
Including duplex and townhouses.
Multifamily dwelling Not Permitted Permitted
Including apartment houses, apartment courts, townhouses, and
multifamily dwellings.
Transitional and supportive housing facilities. Permitted Permitted
Intermediate or community care facility (1)
Additional Uses
Accessory uses Permitted Permitted
Necessary to any of the above uses, and accessory buildings
located on the same lot
Structures, facilities, and uses relating to or convenient or Permitted Permitted
necessary for any function of municipal government
Public buildings, parks and playgrounds Use Permit Use Permit
Required Required
Electric substations and other public utility facilities Use Permit Use Permit
Required Required
Large residential or community care facilities serving seven or Use Permit Use Permit
more individuals Required Required
Off-street parking facilities associated with housing units Use Permit Use Permit
Required Required
Professional office or activity Not Permitted Use Permit
Required
Churches and club buildings Not Permitted Use Permit
Required
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The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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Permitted Use R-2 R-3
Nursery schools and preschools Not Permitted Use Permit
Required
Roof decks Not Permitted Not Permitted
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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.)

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.)

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.

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R-3 (Multifamily Residential
R-2 (Duplex Residential Zone)
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
Minimum 5 units per net acre Minimum 5 units per net acre
Density
Maximum 20 units per net acre Maximum 20 units per net acre
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The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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R-3 (Multifamily Residential
R-2 (Duplex Residential Zone)
Zone)
5 feet—For a structure no greater 5 feet—For a structure no greater
than 15 feet above existing grade than 15 feet above existing grade
within first 40 feet from front within first 40 feet from front
property line property line
Front yard setback 10 feet—For a structure greater 10 feet—For a structure greater
Please see Sections 19.48.010, than 15 feet but below 25 feet than 15 feet but below 25 feet
19.48.060, and Chapter 19.56 above existing grade within first 40 above existing grade within first 40
for additional conditions feet from front property line feet from front property line
15 feet—For a structure greater 15 feet—For a structure greater
than 25 feet above existing grade than 25 feet above existing grade
within first 40 feet from front within first 40 feet from front
property line property line
5 feet—For a structure no greater 5 feet—For a structure no greater
than 15 feet above existing grade than 15 feet above existing grade
10 feet—For a structure greater 10 feet—For a structure greater
than 15 feet but below 25 feet than 15 feet but below 25 feet
above existing grade above existing grade
Side yard setback
15 feet—For a structure greater 15 feet—For a structure greater
than 25 feet above existing grade than 25 feet above existing grade.
One foot of setback is required for
every foot of building height over
25 feet.
20 feet abutting another lot 20 feet abutting another lot
Rear yard setback
15 feet abutting a street, alley or 15 feet abutting a street, alley or
Please see Section 19.48.170 for
private way private way
additional conditions
20 feet abutting water 20 feet abutting water
10 feet, or minimum for that yard, 10 feet, or minimum for that yard,
Setback for conditional use
whichever is greater whichever is greater
40 percent for structures excluding 40 percent for structures excluding
uncovered decks uncovered decks
Maximum lot coverage
50 percent for structures excluding 50 percent for structures excluding
Please see Chapter 19.56 for
uncovered decks if adjacent to uncovered decks if adjacent to
additional conditions
water water
60 percent total coverage 60 percent total coverage
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The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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R-3 (Multifamily Residential
R-2 (Duplex Residential Zone)
Zone)
Ratio of .50 to lot area n/a
For lots with areas less than or
Maximum floor area
equal to 8,000 square feet
Please see Section 19.52.120 for
4,000 square feet n/a
exception procedure.
For lots with areas greater than
8,000 square feet
Maximum height 22 feet, plus a one-foot bonus for Up to 34 feet as measured from the
Please see Chapter 19.56 for every additional foot of additional highest point of the structure
additional conditions. second-story setback to a (excluding chimneys) to base flood
maximum of 26 feet. elevation plus one foot of freeboard
Height is measured from existing and a maximum of 36 feet as
grade. If the structure constitutes a measured from existing grade as
“substantial improvement” under defined in Section 19.08.224.
FEMA regulations, height is Up to a 38-foot maximum as
measured from base flood measured from existing grade shall
elevation plus one foot of be provided if projects meet
freeboard. requirements of Section
In no event shall a structure be 19.36.040(A).
constructed to a height above 29
feet from existing grade as defined
in Section 19.08.224.
300 square feet/unit/public 200 square feet/unit/public
Usable open space
450 square feet/unit/private 300 square feet/unit/private
1.25 spaces per unit of 2 or fewer
bedrooms
2 spaces per unit of 3 or more
2 spaces per unit. Must be on the bedrooms
same lot as main building. 2 spaces minimum per detached
Off-street parking For duplex and multifamily single-family dwelling
dwellings, in closed garage or 4 spaces minimum per detached
covered carport. two-family dwelling
For residential uses, must be
located on same lot as the main
building
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The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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R-3 (Multifamily Residential R-2 (Duplex Residential Zone) Zone) 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.)

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.

The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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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.

The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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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

The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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limitations of this subsection: solar panels and equipment required by fire departments and other public agencies. (Ord. 2025-10 § 8, 2025.)

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.)

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.

The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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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.)