Local zoning · Belvedere
Belvedere — Overlay Districts
Overlay Districts under the Belvedere local zoning and planning code, with the controlling citations.
Last reviewed: July 1, 2026
Overview
Belvedere’s zoning ordinance (Title 19 Zoning) uses two overlay mechanisms on top of base zoning: the PUD overlay for flexible, master-planned projects, and the SC-H overlay for senior/disabled housing. Overlays do not replace the base zone; they add rules or options that apply in very specific circumstances, as shown on the City’s Official Zoning Map and detailed in Title 19. For a broader primer on how base zones and land-use permissions work together in the city, see the Belvedere Zoning and Belvedere Land Use guides.
How overlays appear on the map and interact with base zoning
- The PUD overlay is shown in combination with a base zone on the Official Zoning Map (for example, “R3-PUD”), per 19.12.015 and administered under Chapter 19.42. The City maintains the map on file and updates it by ordinance; boundary interpretation rules are in 19.12.020–.030.
- The SC-H overlay is itself listed as one of the “zones designated” in the City’s zone list (recognizing it functions as an overlay that sits on top of a base multifamily zone), and its detailed rules are in Chapter 19.37.
All new exterior work in Belvedere remains subject to Belvedere Design Review unless a state-law process says otherwise; Title 19 states that “all new structures” and exterior alterations require design review under Title 20 (see 19.36.050).
Overlay Districts — Decision Guide (at a glance)
| Overlay | Where it can be applied | What it’s for | What can change | What cannot change | Key permits | Code Reference |
|---|---|---|---|---|---|---|
| PUD overlay (Planned Unit Development) | Only on parcels in base zones R-2, R-3, or R-3C (Belvedere Cove); minimum project area 1 acre; parcels must be contiguous or abutting and may be separated only by a roadway; parcels may lie wholly or in part within City limits but must have a Belvedere base zone. | To create unique project-specific solutions with public benefits (e.g., open space, scenic views, undergrounding of utilities). | Can modify minimum lot size, setbacks, and parking. | Cannot modify base-zone density, lot coverage, or height. | Requires a rezone to add PUD and a PUD Permit; Planning Commission hearing and City Council approval. | 19.42.020, 19.42.010, 19.42.050, 19.42.060; procedures/factors in 19.87.040–.060. |
| SC-H overlay (Senior Citizen–Handicapped Housing) | May be superimposed only on lands with base zone R-3. | To enable senior and disabled housing by waiving certain standards to allow more units, with occupancy limited to seniors/physically handicapped as defined. | Parking may be reduced to as low as 0.5 spaces per unit (10% accessible), and height/coverage/setbacks/lot area per unit are set by the Planning Commission when approving the special use. | Underlying R-3 regulations still govern unless the special use is granted; conversion away from SC-H use later requires Planning Commission determination that R-3 standards are fully met. | Requires an SC-H classification and a special use permit; project must record enforceable limitations on use. | 19.37.010–.040, 19.37.070–.090, 19.37.020, 19.37.030, 19.37.100. |
District-by-District Breakdown
PUD Overlay Zone (Chapter 19.42)
- Purpose and public benefits: The PUD overlay exists to allow tailored development solutions that would not fit neatly within standard development rules, in exchange for community benefits like open space, scenic views, and utility undergrounding (19.42.010). See also Belvedere Development Standards for baseline metrics the PUD may or may not adjust.
- Where it applies: Only to properties in base zones R-2, R-3, or R-3C, over a site of at least 1 acre (parcels must be contiguous or abutting and separated only by a roadway). Parcels may lie wholly or in part within City limits but must have a Belvedere base zone (19.42.020).
- Permitted uses: Uses permitted by right are the same as those in the base zone. Uses not otherwise permitted in the base zone may be allowed with a conditional use permit under the PUD overlay (19.42.030–.040).
- Key dimensional standards: A PUD cannot change the base zone’s density, lot coverage, or building height limits (19.42.050.A). It may propose different minimum lot size, setbacks, and parking standards (19.42.050.B). PUDs also cannot expand existing nonconformities as to density, lot coverage, or height, though properties with existing nonconformities are not barred from applying (19.42.050.C). For review criteria, the City evaluates General Plan consistency, design quality, compatibility, and resource preservation; projects may not vary from density, lot coverage, or height of the base zone(s) per the PUD criteria in 19.87.060.
- Process: A PUD overlay always requires a rezone plus a PUD Permit, with Planning Commission recommendation and City Council action, both at noticed public hearings (19.42.060, 19.87.040–.050). Submittal content for PUD permits includes text description, site plan, topo, architectural plans, photos, parking analysis, landscape plan, and more (19.87.030).
Practical notes:
- Because PUD parking standards can shift, coordinate early on Belvedere Parking to reconcile any project-specific reductions or shared/common parking proposals within the overlay framework. Decisions remain constrained by the base zone’s height, lot coverage, and density caps (19.42.050.A).
- Design remains critical; PUDs are vetted for quality and neighborhood fit under 19.87.060, and most projects still route through Belvedere Design Review per 19.36.050.
SC-H Senior Citizen–Handicapped Housing Overlay District (Chapter 19.37)
- Purpose: To encourage senior citizen and physically handicapped housing by enabling relief from typical parking and density standards, thereby allowing more units on suitable multifamily sites (19.37.010). The parcel retains its underlying base zoning; development may proceed under the base R-3 rules or, if approved by special use permit, under the SC-H provisions (19.37.010).
- Where it applies: Only on lands with base zone R-3 (19.37.020).
- Permitted uses and occupancy: Senior/handicapped housing may be approved as a special use if it meets specific compatibility and impact criteria; occupancy is limited to defined senior/handicapped households (19.37.040). If a site built under SC-H later seeks to change to another use, the Planning Commission must first find the alternate use fully meets applicable R-3 standards (19.37.030).
- Key dimensional standards:
- Parking: May be as low as 0.5 spaces per dwelling unit, with at least 10% of spaces designated as accessible; the City Council sets the precise ratio after Planning Commission recommendation (see 19.37.070, which also references the City’s general parking section for factors considered).
- Height, lot coverage, setbacks, lot area per unit: Determined by the Planning Commission case-by-case when granting the special use, based on contextual factors like surrounding density, access, fire safety, and amenities (19.37.080).
- Density waiver: Chapter headings include “Waiver of zoning density” (19.37.050), consistent with the overlay’s stated purpose to waive density, but specific numeric allowances were not located in the retrieved text. Not found in retrieved materials.
- Minimum floor area standards: The chapter includes a section titled “Minimum floor area standards for senior citizen or handicapped uses” (19.37.060). Specific figures were not located in the retrieved text. Not found in retrieved materials.
- Guarantees and recording: Before occupancy, the project must record enforceable documentation limiting use to senior/handicapped housing and vesting the City with enforcement rights until a compliant R-3 use is proposed and approved (19.37.090). Applications for SC-H classification must include a complete SC-H special use application and follow the City’s development plan review procedures (19.37.100).
Practical notes:
- The SC-H overlay is highly tailored; expect conditions on design, services, and parking tailored to the resident population under 19.37.040 and 19.37.070. Coordinate early on Belvedere Parking details; expect Belvedere Design Review to apply to structures per 19.36.050.
Working with base zones and other rules
- Overlays sit on top of base zones designated in 19.12.010 (e.g., R-2, R-3, R-3C, etc.). Always cross-check base limits such as setbacks and height in Chapters 19.44–19.68 and the relevant base-zone sections before proposing overlay-specific adjustments. See Belvedere Development Standards for where these live in the code.
- PUD overlays cannot increase base density, lot coverage, or height; they can refine parcel configuration, setbacks, and parking to achieve a superior plan with public benefits (19.42.050; evaluated under 19.87.060).
- Existing nonconforming conditions do not block a PUD application, but a PUD may not expand nonconformities in density, lot coverage, or height (19.42.050.C). Also see Belvedere Nonconforming Uses for the City’s general framework.
- If a proposal needs relief outside what the overlay allows (e.g., use changes outside base permissions in a PUD), a conditional use permit may be required under Chapter 19.80; if strict standards pose exceptional hardship, see Belvedere Variances and Exceptions for variance criteria. PUD-specific CUPs are provided in 19.42.040; variance standards appear in 19.84.010–.020.
- Landscape/buffering often matter for compatibility findings; consult Belvedere Landscaping and Screening early for site planning.
Checklist
- Confirm the parcel’s base zoning and whether an overlay already applies on the Official Zoning Map (see 19.12.015–.020).
- For a PUD: verify eligibility (base zone is R-2, R-3, or R-3C; site area at least 1 acre; parcels contiguous or abutting) per 19.42.020.
- For SC-H: verify the site is in R-3 and the concept meets SC-H purpose/occupancy criteria (19.37.010, 19.37.020, 19.37.040).
- Map what can and cannot change. PUD cannot alter base density, lot coverage, or height; it may adjust lot size, setbacks, parking (19.42.050). SC-H parking may go as low as 0.5 per unit; height/coverage/setbacks/lot area per unit are set case-by-case (19.37.070–.080).
- Plan your permitting path:
- PUD requires a rezone to add “-PUD” and a PUD Permit with Planning Commission recommendation and City Council approval (19.42.060, 19.87.040–.050).
- SC-H requires an SC-H classification and a special use permit, processed per 19.37.100.
- Prepare submittals: see 19.87.030 for PUD (project text, site/architectural plans, topography, photos, parking analysis, landscape plan, etc.).
- Coordinate parking details early (especially for SC-H ratios and any PUD shared/common parking). SC-H ratios are set by Council after Commission recommendation (19.37.070).
- Budget time for design review: most overlay projects still require it per 19.36.050.
- If needed, line up a conditional use permit (PUD-only uses) or consider a variance for hardships; see Chapters 19.80 and 19.84.010–.020.
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| PUD cannot increase density/coverage/height | These three caps are “off-limits” in a PUD; designs must fit within base-zone envelopes. | Confirm applicable base-zone maxima and reflect them explicitly in the PUD package (19.42.050.A, 19.87.060). |
| PUD site eligibility and acreage | A sub-1-acre or noncontiguous site is ineligible. | Aggregate parcel areas, contiguity, and base zone status per 19.42.020. |
| SC-H density waiver specifics | The chapter allows density waivers conceptually, but precise numeric limits aren’t in the retrieved text. | Not found in retrieved materials; obtain current text of 19.37.050 from the City. |
| SC-H minimum floor area | The section title exists, but figures weren’t retrieved. | Not found in retrieved materials; request 19.37.060 details. |
| SC-H parking set at 0.5 per unit “as low as” | The actual ratio is set by Council after Commission recommendation, factoring operations and context. | Calibrate parking demand and present supporting evidence for the 19.37.070 decision. |
| Existing nonconformities in a PUD area | A PUD can be filed on such properties, but cannot expand nonconforming density/coverage/height. | Identify all nonconformities and confirm no expansion in off-limits dimensions (19.42.050.C). See also Belvedere Nonconforming Uses. |
| Jurisdictional edges (Belvedere/Tiburon boundary) | Some MU and corridor parcels straddle boundaries; PUD eligibility still requires a Belvedere base zone assignment. | Confirm jurisdiction and base zone assignment per 19.42.020.C. |
Plain-English Summary
Belvedere has two overlays. The PUD overlay lets you propose a tailored site plan with public benefits on larger R-2/R-3/R-3C sites, but you still must obey the base zone’s height, lot coverage, and density caps. The SC-H overlay lets qualified R-3 parcels build senior/disabled housing with reduced parking and flexible setbacks/coverage, subject to strict occupancy limits and recorded restrictions. In both cases, expect a formal approval path and design review; plan parking and objective development standards early.
Source References
- Title 19 Zoning: Zones designated; SC-H listed; PUD overlay designated on map; map maintenance and boundary rules — 19.12.010, 19.12.015–.030.
- PUD Overlay Zone — 19.42.010–.060 (purpose; eligibility in R-2/R-3/R-3C; permitted/conditional uses; what can/can’t change; rezone + PUD permit).
- PUD Permit process and criteria — 19.87.030–.060 (submittals; Commission/Council actions; review criteria).
- SC-H Overlay District — 19.37.010–.040, .070–.100 (purpose; R-3 limitation; special-use criteria; parking ratios; standards set at permit; guarantees; procedures).
- Design Review applicability — 19.36.050.
Sources
Retrieved passages
- Belvedere Zoning Code (Title 19) High relevance
- Belvedere Zoning Code (§ 2) High relevance
- CBC § 65589.5 (Section 65589.5.) High relevance
- Belvedere Zoning Code (§ 3) High relevance
- Belvedere Zoning Code (§ 11) High relevance
- Belvedere Zoning Code (§ 3) High relevance
- CBC § 7060 (Chapter 12.75) High relevance
- Belvedere Zoning Code (chapter is) High relevance
- Belvedere Zoning Code (Title 19) High relevance
- Belvedere Zoning Code (section is) High relevance
- Belvedere Zoning Code (§ 1) High relevance
- Belvedere Zoning Code (Title 19) High relevance
- Belvedere Zoning Code (Title 19) Medium relevance
Cited sections
- Title 19 Zoning: Zones designated; SC-H listed; PUD overlay designated on map; map maintenance and boundary rules — **19.12.010**, **19.12.015–.030**. (Title 19)
- PUD Overlay Zone — **19.42.010–.060** (purpose; eligibility in R-2/R-3/R-3C; permitted/conditional uses; what can/can’t change; rezone + PUD permit).
- PUD Permit process and criteria — **19.87.030–.060** (submittals; Commission/Council actions; review criteria).
- SC-H Overlay District — **19.37.010–.040**, **.070–.100** (purpose; R-3 limitation; special-use criteria; parking ratios; standards set at permit; guarantees; procedures).
- Design Review applicability — **19.36.050**.
- Belvedere_ZoningCode.md
Frequently asked questions
What is the PUD overlay in Belvedere and where can it be used?
It’s a Planned Unit Development overlay that allows custom site planning in exchange for public benefits. It can be applied only to parcels in base zones R-2, R-3, or R-3C over at least one acre, with contiguous or abutting parcels; it requires a rezone and a PUD Permit approved by the Planning Commission and City Council (19.42.020, 19.42.060; 19.87.040–.050).
Can a PUD overlay change height, density, or lot coverage in Belvedere?
No. A PUD cannot alter the base zone limits for density, lot coverage, or building height. It can adjust items like minimum lot size, setbacks, and parking if justified by the plan and public benefits (19.42.050).
What approvals and submittals are needed for a PUD?
Adding a PUD requires a rezone and a PUD Permit with hearings before the Planning Commission and City Council. Submittals include detailed plans, topography, architecture, parking analysis, and a landscape plan (19.42.060; 19.87.030–.050).
What does the SC-H overlay allow that standard R-3 zoning does not?
It enables senior/disabled housing with relief from typical parking and potentially density, along with case-by-case standards for height, lot coverage, setbacks, and lot area per unit. Parking may be as low as 0.5 spaces per unit (10% accessible), with the exact ratio set by Council after Commission recommendation (19.37.010; 19.37.070–.080).
Where can the SC-H overlay be applied?
Only on parcels zoned R-3. The site then may be developed under base R-3 rules or, if a special use is granted, under SC-H provisions (19.37.020, 19.37.010).
Are there occupancy restrictions under SC-H?
Yes. Occupancy is limited to specified senior or physically handicapped households. The project must also record enforceable restrictions limiting the use accordingly and vesting the City with enforcement rights (19.37.040; 19.37.090).
Can a property developed under SC-H convert to another use later?
Only if the Planning Commission determines the alternate use complies fully with all applicable R-3 standards. This ensures SC-H flexibility doesn’t become a workaround for standard multifamily rules (19.37.030).
Do overlay projects still require design review?
Generally yes. Title 19 directs all new structures and most exterior changes to design review under Title 20, unless a state-law streamlining path applies (19.36.050).
How are overlays shown on the Zoning Map?
The PUD overlay appears as a suffix to the base zone (e.g., R3-PUD) on the Official Zoning Map; the map and updates are maintained by the City Clerk (19.12.015–.020).
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