Chapter 19.95 — AFFORDABLE HOUSING, MIXED-USE (MU) ZONE

Sections:

• 19.95.010 Purpose and intent. 19.95.020 Definitions. 19.95.030 General inclusionary requirements in mixed-use (MU) zone. 19.95.040 Exemptions. 19.95.050 In-lieu affordable housing fee. 19.95.060 Use and reporting of fee revenue. 19.95.070 Inclusionary housing agreements. 19.95.080 Requirements regarding for-sale inclusionary units. 19.95.090 Occupancy of rental units. 19.95.100 Appeals for adjustments, reductions, or waivers.

A. The purpose of this chapter is to enhance public welfare by ensuring that residential development contributes to the attainment of the General Plan Housing Element goals, policies, and programs by:

1. Increasing the stock of dwelling units affordable by households of very low, low, or moderate income; and

2. Encouraging and directing, through the provision of a density bonus and other incentives, the location of projects containing substantial numbers of affordable housing units to those sites identified in the Housing Element as affordable housing opportunity sites.

B. These requirements implement the City’s Housing Element by assisting in meeting the City’s Regional Housing Needs Allocations and affirmatively furthering fair housing by ensuring that affordable housing is constructed in all parts of the City.

C. A limited amount of land remains for development of new housing and replacement housing in Belvedere. The General Plan Housing Element has identified where it believes the most suitable sites are for the construction of inclusionary housing units. To ensure that remaining residentially designated sites are utilized in a manner consistent with the City’s housing policies and in a manner that furthers the City’s strategy as set forth in the Housing Element, the City declares that each residential development in the MU zone creating seven or more new dwelling units shall participate in the provision of inclusionary units as set forth in this chapter. (Ord. 2025-10 § 23, 2025.)

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

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For the purposes of this chapter, the following definitions apply:

“Affordable housing agreement” means a legally binding agreement between an applicant and the City, in a form satisfactory to the City Manager and City Attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this chapter are, and will continue to be, satisfied.

“Affordable housing unit” means a dwelling unit that shall be offered at an affordable rent or affordable ownership cost to very low-, low- or moderate-income households.

“Affordable rent” means the affordable rent for rental dwelling units as defined in California Health and Safety Code Section 50053.

“Affordable sales price” means the maximum sales price for which a for-sale inclusionary unit may be sold, that will result in the purchaser paying an affordable housing cost for the for-sale inclusionary unit, assuming a benchmark mortgage interest rate and minimum down payment as may be established by the City from time to time.

“Applicant” or “developer” means a person, persons, or entity that applies to the City for one or more discretionary or residential permits required for the development of a residential site and also includes the owner or owners of the property if the applicant does not own the property on which the development is proposed.

“Common ownership or control” means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

“Housing fund” means the fund established pursuant to Section 19.95.060.

“Housing in-lieu fee” means the applicable fee established pursuant to Section 19.95.050.

“Inclusionary unit” means a dwelling unit that is designated to meet the requirements set forth in this chapter, and that shall be made available, typically through a recorded deed restriction, at an affordable housing cost or an affordable rent to eligible moderate-, low- or very low-income households, as applicable to the unit.

“Low-income households” or “low income” means households with incomes no greater than the maximum income for low-income households for Marin County as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

“Market-rate unit” means a dwelling unit in a residential development that is not an inclusionary unit.

“Moderate-income households” or “moderate income” means households with incomes no greater than the maximum income for moderate-income households for Marin County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

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

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“Rental unit” means a dwelling unit that is intended to be offered for rent or lease and that cannot be sold individually in conformance with the Subdivision Map Act.

“Very low-income households” or “very low income” means households with incomes no greater than the maximum income for very low-income households for Marin County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision). (Ord. 2025-10 § 23, 2025.)

The following inclusionary requirements shall apply only in the City’s mixed-use (MU) zone:

A. Any residential development creating between seven and twelve dwelling units shall provide fifteen percent of the total number of units as affordable by very low-, low-, or moderate-income households; of which a minimum of five percent shall be affordable to very low- or low-income households. When only one affordable unit is required, it may be for a moderate-income household.

B. Any residential development creating more than twelve dwelling units shall provide twenty percent of the total number as units affordable by very low-, low-, or moderate-income households; of which a minimum of five percent shall be affordable to very low- or low-income households.

C. In applying the percentage figure for construction of dwelling units, any decimal fraction less than one-half may be disregarded and any decimal fraction equal to or greater than one-half shall be construed as requiring one affordable unit. For payment of in-lieu fees, if applicable, the fee shall be calculated using exact decimal fractions.

D. If the City finds and determines that there exist physical and/or nongovernmental constraints to the provision of on-site inclusionary units that make the payment of in-lieu fees more effective in support of affordable housing projects being constructed in less constrained locations, the City may allow payment of in-lieu fees in accordance with Section 19.95.050 (In-lieu affordable housing fee).

E. All inclusionary units in a project shall be constructed concurrently with or prior to the construction of noninclusionary units.

F. Inclusionary units shall be indistinguishable in exterior appearance from the noninclusionary units and shall have the same bedroom and bathroom count ratio as the market rate units in a project, be equally distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. In no event shall the affordable housing units be located in only one portion of the housing development or situated in one building of a multifamily building development.

G. The interior amenities of the inclusionary units shall be generally the same quality as that of the noninclusionary units.

H. The square footage of the inclusionary units shall be generally the same as that of the noninclusionary units for the same number of bedrooms.

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

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I. A residential development qualifying for a density bonus under the provisions of Section 19.52.150 (Implementation of State density bonus law) shall receive the highest priority and efforts will be made by staff and decision-makers to:

1. Provide technical assistance to potential affordable housing developers in processing requirements, including community outreach;

2. Consider project funding and timing needs in the processing and review of the application; and

3. Provide the fastest turnaround time possible in determining application completeness.

These measures shall each constitute an incentive or concession under any other circumstances. (Ord. 2025-10 § 23, 2025.)

A. The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature; provided, that the reconstruction of the site does not increase the number of residential units by seven or more as permitted by FEMA guidelines.

B. Residential building additions, repairs, or remodels; provided, that such work does not increase the number of existing units by seven or more.

C. Residential developments that have been deemed complete by the City in accordance with Government Code Section 65589.5 or 65943 as of the effective date of this chapter.

• D. Any accessory dwelling unit or junior accessory dwelling unit approved by the City.

E. Any residential development project exempt under State law, as may be amended from time to time. (Ord. 2025-10 § 23, 2025.)

In-lieu affordable housing fees would be determined by a site-specific study which would evaluate fee alternatives to the construction of inclusionary units on the site. In-lieu housing fees will be calculated utilizing prevailing industry best practices and will consider in-lieu housing fees in comparable jurisdictions. (Ord. 2025-10 § 23, 2025.)

A. Revenues raised by payment of housing in-lieu fees shall be placed in a segregated Citywide housing fund. The fund shall be administered by the Director of Planning and Building.

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

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B. Revenues collected, including interest earned, under the provisions of this chapter shall be used for the following purposes:

1. Design and construction of permanently affordable units; and

2. Other actions that would directly preserve, conserve, rehabilitate, or increase the availability and supply of affordable units in the City.

• C. The City shall comply with reporting requirements that may be set forth in Government Code Section 66000, or successor sections, to the extent that such provisions apply. (Ord. 2025-10 § 23, 2025.)

To the extent permitted by State law, no residential development subject to this chapter shall be approved or deemed approved without approval of an inclusionary housing agreement as provided herein.

A. Submittal of Proposed Inclusionary Housing Agreement. The applicant for a residential project subject to this chapter shall submit a proposed inclusionary housing agreement in conjunction with its development application. The proposed inclusionary housing agreement shall be in a form as required by the City and shall include the following information:

1. Whether the residential development is for sale or rental;

2. How the inclusionary housing requirement will be satisfied pursuant to this chapter;

3. The number, unit type, tenure, number of bedrooms, approximate location, size and design, construction and completion schedule of all inclusionary units;

4. Phasing of inclusionary units in relation to market rate units;

5. A plan for collecting sufficient reserves for the ongoing repair and maintenance of below-market rate units which shall not compromise the affordability of the below-market rate units;

6. Any other information reasonably requested by the City Manager to assist with evaluation of the plan under the requirements of this chapter;

7. Acknowledgment that an instrument as specified by the City restricting the inclusionary unit(s) as affordable shall be recorded against every inclusionary unit and that a recordable affordable housing agreement shall be entered into by the applicant and any other necessary party, and/or that all required inlieu fees shall be paid at the time set forth in this chapter.

• B. Approval of Inclusionary Housing Agreement.

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

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1. If the residential development requires discretionary approvals, the inclusionary housing agreement shall be considered with the application for such discretionary approvals and may be appealed in accordance with applicable appeals procedures.

2. If the residential redevelopment does not require discretionary approvals, the inclusionary housing agreement shall be subject to the City Manager’s approval and shall be approved prior to the issuance of any ministerial permits. The City Manager’s decision is final unless a written appeal is filed with the City Clerk’s office within ten days from the date of issuance of the City Manager’s decision under this title. The City Council’s decision on appeal shall be final.

• C. Recording of Affordable Housing Agreements.

  1. An affordable housing agreement in a form approved by the City shall be recorded against inclusionary units or the residential development in its entirety, as deemed appropriate by the City Manager, in consultation with the City Attorney, prior to the issuance of any building permit.

2. Resale restrictions, deeds of trust, and/or other documents as deemed necessary or appropriate by the City Manager shall be recorded against for-sale inclusionary units to ensure the continued affordability of the for-sale inclusionary units in compliance with this chapter.

D. Building Permits. The City shall not issue a building permit for a residential development subject to the requirements of this chapter without an affordable housing agreement executed by the owner, the applicant (if not the owner) and the City Manager, and approved as to form by the City Attorney, and recorded against the property. (Ord. 2025-10 § 23, 2025.)

A. Initial Sales Price and Resale. The initial sales price and resale price of the for-sale inclusionary unit will be at an affordable sales price that will ensure that the purchaser of the inclusionary unit will pay an affordable housing cost for the unit.

B. Transfer. A resale restriction agreement will be entered into on each change of ownership of for-sale inclusionary units, to maintain the household income restriction on the inclusionary unit prior to the expiration of the required affordability period.

• C. Owner Occupancy Required. All for-sale inclusionary units are subject to the following regulations:

  1. Principal Residence. The purchaser of the inclusionary unit shall use and occupy the inclusionary unit as the purchaser’s principal place of residence.

  2. No Rental. The owner is expressly prohibited from leasing or renting the inclusionary unit unless the City, through its City Manager, has given its prior written consent to such lease or rental on the basis of a demonstrated hardship by the owner.

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

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D. Annual Report. The owner of each for-sale inclusionary unit shall submit an annual report certifying occupancy of the unit by a qualified owner. The owner shall not be deemed to be in default of the affordable agreement and this program for any failure to deliver such annual report until thirty days after receipt by the owner of written notice from the City requesting an annual report. The City may specify the type of form to be used for the annual report. (Ord. 2025-10 § 23, 2025.)

A. Occupancy of Rental Units. All rental inclusionary units required by this chapter shall only be rented to households in the applicable income category for the inclusionary units.

B. Establishment of Rental Rates. The maximum allowable rent of inclusionary units will be the affordable rent based on the applicable income levels for the inclusionary units.

C. Annual Report. The owner shall submit an annual report summarizing the occupancy of each rental unit for the year. The City, through its City Manager, may require additional information as the City Manager deems necessary. The owner shall obtain and review documents that demonstrate the renter’s total income, such as income tax returns or W-2s for the previous calendar year, and submit such information on request by the City. (Ord. 2025-10 § 23, 2025.)

A. An applicant subject to the requirements of this chapter may appeal to the City Council for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship between the impact of the development and either the amount of the in-lieu fee charged or the inclusionary requirement.

B. Any such appeal shall be made in writing and filed with the City Clerk not later than ten days after the granting of a discretionary approval or a ministerial permit for the development. The appeal shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment.

C. The City Council shall consider the appeal at a duly noticed public hearing within sixty days after the filing of the appeal. The appellant shall bear the burden of presenting substantial evidence to support the appeal, including comparable technical information to support the appellant’s position.

D. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any subsequent change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement. (Ord. 2025-10 § 23, 2025.)

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

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

Disclaimer: The City Clerk’s office has the official version of the Belvedere Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofbelvedere.org

Hosted by General Code.

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