Chapter 19.41 — MU ZONE

Sections:

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

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This chapter establishes land use regulations and development standards for lots, site layout, and building form and design in the Mixed Use (MU) zone. 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 specific purposes of the MU zone are to:

• A. Provide for the orderly, well-planned, and balanced mixed-use development for development within Belvedere’s downtown along Tiburon Boulevard;

• B. Coordinate with the town of Tiburon to reduce or eliminate design, development and review constraints;

• C. Encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, and a pleasant quality of life;

• D. Promote pedestrian- and transit-oriented mixed-use with residential development;

• E. Establish objective design standards that will govern the development in the MU zone; and

• F. Provide appropriate buffers and transition standards between commercial and residential uses and adjacent residential uses. (Ord. 2025-10 § 11, 2025; Ord. 2024-01 § 3 (Exh. A), 2024.)

The following uses are permitted in the MU zone:

• A. Retail stores;

• B. Personal services;

C. Apartment courts, apartment houses, townhouse developments, and multifamily dwellings, which may be in standalone buildings or in a mixed-use structure;

1. 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;

• D. Bakeries (retail sales only);

• E. Banks and financial institutions;

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

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• F. Business services, including advertising, blueprint services, equipment rental and leasing, mail forwarding and package delivery, office security, photocopying and printing, and real estate agencies;

• G. Low barrier navigation centers;

• H. Offices, including business and professional offices, medical offices and clinics, laboratories, and opticians/ optometrists;

• I. Single-room occupancy;

• J. Transitional and supportive housing facilities;

• K. Emergency shelters; and

L. Accessory uses customarily incidental to any of the above uses and accessory buildings when located on the same lot; provided, that there shall be no accessory use constituting any industry unless the same is clearly incidental and essential to a business and unless all products of such accessory use are sold on the premises. (Ord. 2025-10 § 11, 2025; Ord. 2024-01 § 3 (Exh. A), 2024.)

The following uses are permitted in the MU zone with a conditional use permit from the Planning Commission:

A. Eating and drinking establishments, including, but not limited to: restaurants, bars/cocktail lounges, wine shops with on-site tasting, brewpubs, outdoor eating areas, any establishment serving any alcoholic beverage on the premises, convenience markets, liquor stores, catering/commercial food kitchens, and bakeries with on-site production;

• B. Fitness/recreational facilities, including gyms, dance studios, and spas;

• C. Public buildings, parks and playgrounds;

• D. Public parking facilities;

E. Any essential public service, including public utility buildings and uses, electric substations and other public utility facilities;

• F. Off-street parking facilities;

• G. Hotels;

• H. Club buildings; and

• I. Wireless telecommunication facilities. (Ord. 2024-01 § 3 (Exh. A), 2024.)

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

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Low barrier navigation centers (LBNCs) shall be located, developed, and operated in compliance with the development standards of the MU zone and with the following operational requirements; they are then allowed by right with design review. LBNCs shall comply with the requirements of California Government Code Section 65660 as follows:

A. LBNCs shall offer services to connect people to permanent housing through a services plan that identifies services staffing.

B. LBNCs shall be linked to a coordinated entry system, so that staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. In this context, a “coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as amended, and any related requirements, intended to coordinate participant intake, assessment, and referrals.

C. LBNCs shall comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

D. LBNCs shall have a working system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by § 578.3 of Title 24 of the Code of Federal Regulations.

E. The time periods for determining whether an LBNC application is complete and making a decision on a proposed LBNC shall be those set forth in California Government Code Section 65664. (Ord. 2024-01 § 3 (Exh. A), 2024.)

The standards that shall apply to development in the MU zone are shown in Table 19.41-A and Sections 19.41.060, 19.41.070, and 19.41.080. These standards supersede standards in Title 22 unless an applicant requests and qualifies for ministerial review and commits to meeting the requirements for low-income housing and State labor standards as established in California Government Code Sections 65912.123 and 65913.4 (State “Streamlined Ministerial Approval Process”).

Table Table 19.41-A:. Development Standards for MU Zone

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Feature Standard Additional Regulations
MU Zone
Site Requirements
Minimum Site Area (sq. ft.) 10,000 Note 1
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The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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Table Table 19.41-A:. Development Standards for MU Zone

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Feature Standard Additional Regulations
Minimum Lot Width (ft.) 60
Residential density maximum 35
(dwelling units per net acre)
Residential density minimum 30 Note 2
(dwelling units per net acre)
Maximum Floor Area Ratio 1.75
Minimum Landscape Coverage (%) 15 See Section 19.41.070
Maximum Building Height 3 stories, up to 45 feet Note 3
Minimum Ground-Floor Ceiling Height 12 feet nonresidential; 9 feet
residential
Front Setback 10 feet Notes 4 and 5
Rear Setback 20 feet abutting another lot; 15 feet
abutting a street; 10 feet abutting an
alley or private way
Interior Side Setback 5 feet; 10 feet if adjacent to a
Residential zone
Street Side Setback 5 feet Notes 4 and 5
Minimum Building Separations 15 feet
Building stepbacks At least 75 percent of a street-facing elevation above the second
story shall be set back at least 5 feet from the front and street
side setback line. Building stepbacks are not required for interior
side and rear elevations.
Off-street parking and loading 1 per unit, which may be provided as common or shared parking.
Usable open space 400 square feet of which at least 200 square feet shall be private.
Notes:
[1] The minimum lot area for residential-only lots within a mixed-use development is six thousand square
feet.
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The Belvedere Municipal Code is current through Ordinance 2025-11, passed January 12, 2026.

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Table Table 19.41-A:. Development Standards for MU Zone

Feature Standard Additional Regulations

[2] Residential use must occupy at least fifty percent of the total floor area of any proposed mixed use development.

[3] Allowable height shall include up to half the vertical height of a sloped roof (e.g., half of the distance between lowest eave and the highest point within principal roof volume). At least seventy-five percent of the street-facing elevation of a story above thirty feet shall be set back a minimum of ten feet from the front facade of the story below that height.

[4] A minimum twenty-foot setback must be provided for garages and carports facing a street. Awnings and canopies may project up to six feet into a required setback, and outdoor seating area shall be allowed with a use permit in a required setback.

[5] Where ground-floor residential units are proposed with adjoining ground-floor decks along a street frontage, a two-foot landscaped front or corner side setback shall be provided between the deck and the street property line.

[6] Minimum setbacks are applicable to property lines abutting residential properties or abutting properties not under common ownership. The intent of the development standards is to reduce constraints on contiguous properties under common ownership that exist adjacent to each other in Tiburon and Belvedere. Setbacks will not be applied to property lines along the Tiburon/Belvedere boundary.

(Ord. 2025-10 § 11, 2025; Ord. 2024-01 § 3 (Exh. A), 2024.)

A. Allowable Projections Into Setbacks. The following building elements may project into the required front and street side setbacks:

1. Arcades: ten feet.

2. Awnings: six feet.

3. Cornices: one foot.

4. Eaves: four feet.

5. Stairs: up to the property line.

6. Balconies and bay windows: thirty inches; may not exceed twelve feet in width. No rooftop balconies or decks are permitted.

7. Wall-mounted lighting and planters: eighteen inches.

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

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B. Required Ground Floor Transparency for Nonresidential Uses. Exterior walls for nonresidential ground-floor uses facing and within twenty feet of a front or street side property line shall include windows, doors, or other openings for at least sixty percent of the building wall area between two and eight feet above the sidewalk. No street-facing wall shall run in a horizontal plane more than twenty-five feet without an opening.

1. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work area, lobbies or other active spaces, and window displays shall be at least three feet in depth.

2. Parking garages are not required to meet these transparency requirements.

3. Alternatives to the building transparency requirement may be approved by the Planning Commission for uses that have unique operational requirements making windows or doors infeasible or for street-facing building walls that exhibit architectural relief and detail with landscaping that creates visual interest at the pedestrian level.

• C. Building Mass and Scale.

  1. To reduce upper-story building mass, floor plates for the third story shall not exceed eighty percent of the ground-floor floor plate.

  2. Buildings that are more than one hundred feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet.

3. To maintain a human scale at the street level where ground-floor commercial space is provided, building storefront widths shall not exceed thirty feet without a recess or a break, which may be a building entry or a separate display window.

4. Minimum ground floor height for commercial uses, including retail shops, restaurants, and offices: fourteen feet.

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

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

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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. (Ord. 2025-10 § 11, 2025; Ord. 2024-01 § 3 (Exh. A), 2024.)

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

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A. Landscaped Setbacks. Setback areas shall be landscaped except for areas necessary for pedestrian access and vehicular access, and where utilities preclude landscaping. Landscaping shall be comprised of trees, shrubs, and groundcover which shall be selected from lists provided by the City.

• 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 fully shielded 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 downward facing and bulbs shall be 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 mixed-use 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. 2024-01 § 3 (Exh. A), 2024.)

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 side and rear setbacks, and within the required front setbacks up to three feet from the street right-of-way.

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

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

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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; fully shielded fixtures are required to prevent glare and spillover light on adjacent properties.

G. Bicycle parking for retail and service commercial uses: one space per two thousand fie hundred square feet of floor area shall be provided in publicly accessible locations, such as along public sidewalks, street-facing setbacks, and in publicly accessible open space.

H. Bicycle parking for residential uses: one space per unit shall be provided within one hundred feet walking distance of the building entry in a secure location. (Ord. 2024-01 § 3 (Exh. A), 2024.)

A. The following standards shall apply to emergency shelters in the MU zone. Emergency shelters that comply with these standards and with applicable zoning and regulations shall be approved through a streamlined ministerial process without requiring special permits, variances, or discretionary approvals. An emergency shelter shall meet the following development and performance standards:

1. On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

2. Adequate external lighting shall be provided for security purposes. The lighting shall be fixed, covered, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the surrounding area.

3. Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area. At least two parking spaces shall be provided to accommodate all staff working in the emergency shelter. Additional spaces may be required under Section 19.68.020, and common or shared parking with other uses on the site may be approved. The City shall not require more parking for emergency shelters than other residential or commercial uses within the same zone.

4. A refuse storage area shall be provided that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the review authority. The refuse enclosure shall be accessible to refuse collection vehicles.

5. The agency or organization operating the shelter shall comply with the following requirements:

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

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• a. Temporary shelter shall be available to residents for no more than six months. No individual or household may be denied emergency shelter because of an inability to pay.

• b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

c. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

d. No emergency shelter shall be located within three hundred feet of another emergency homeless shelter site.

e. The facility shall be in, and shall maintain at all times, good standing with City and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.

f. The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed ten. (Ord. 2025-10 § 11, 2025.)