Belvedere City Council
June 13, 2022

AGENDA – REULAR MEETING

BELVEDERE CITY COUNCIL
JUNE 13, 2022, 6:30 P.M.

REMOTE MEETING
On March 3, 2020, Governor Newsom proclaimed a State of Emergency due to the COVID-19 pandemic that remains in effect. This meeting will be held remotely consistent with Executive Order N-29-20 and Assembly Bill 361, modifying provisions of the Brown Act to allow remote meetings at the current time.

Members of the public are encouraged to participate remotely via Zoom or telephone pursuant to the information and link below. The Council will take public comment by email or by speaking at the meeting. Members of the public are entitled to provide public comment once on each agenda item when it is called. Those who wish to comment on an agenda item during the meeting should use the “raise hand” function or should write “I wish to make a public comment” in the chat section. If you have called into the meeting and wish to speak, please press *9. Council will not entertain comments made in the chat function. Upon being recognized by the Mayor, please limit your oral statement to no more than three minutes.

The public may also submit comments in advance of the meeting by emailing the City Clerk at: [email protected]. Please write “Public Comment” in the subject line. Comments submitted one hour prior to the commencement of the meeting will be presented to the City Council and included in the public record for the meeting.

City of Belvedere is inviting you to a scheduled Zoom meeting.

Topic: Belvedere Regular City Council Meeting
Time: June 13, 2022, 6:30 P.M.

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AGENDA – REGULAR MEETING

BELVEDERE CITY COUNCIL
JUNE 13, 2022, 6:30 P.M.

REMOTE MEETING

COMMENTS ON AGENDA ITEMS BY MEMBERS OF THE AUDIENCE
Members of the public are encouraged to participate remotely via Zoom or telephone. The Council will take public comment by email or by speaking at the meeting. Members of the public are entitled to provide public comment once on each agenda item when it is called. Those who wish to comment on an agenda item during the meeting should use the “raise hand” function or should write “I wish to make a public comment” in the chat section. If you have called into the meeting and wish to speak, please press *9. Council will not entertain comments made in the chat function. Upon being recognized by the Mayor, please limit your oral statement to no more than three minutes. The Council welcomes comments raised by interested citizens but typically does not respond during the comment period. 6:30 PM CALL TO ORDER

OPEN FORUM
This is an opportunity for any citizen to briefly address the City Council on any matter that does not appear on this agenda. Upon being recognized by the Mayor, please limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Council consideration may be placed on the agenda for further discussion at a later meeting.

REPORTS & PRESENTATIONS

1. City Council reports.

2. City Manager report.

3. Swearing in of new Police Officer Caitlin Cullen by Police Chief Jason Wu.

CONSENT CALENDAR
The Consent Calendar consists of items that the City Council considers to be routine, or Council has discussed previously and do not require further discussion. Unless any item is specifically removed by any member of the City Council, staff, or the public, the Consent Calendar will be adopted by one motion. Items removed will be considered in the sequence as they appear below. If any member of the public wishes to have an item removed, please raise your hand when called and indicate the item.

4. Approve minutes of the May 9, 2022, regular meeting.

5. Adoption of a Resolution establishing the Gann (Proposition 4) appropriations limit for Fiscal Year 2022/2023.

6. Adoption of an Ordinance amending title 9 of the Belvedere Municipal Code by adding chapter

9.80, “Parks and Community Center,” regulating the use of Belvedere parks and Community Center.

7. Approve a revocable license for proposed private improvements in the City street right-of-way along Britton Avenue for the property at 7 Britton Avenue.

8. Waive Further Reading and Authorize Introduction and/or Adoption of Resolutions and Ordinances by Title Only (Standard procedural item – no backup information provided).

PUBLIC HEARING

9. Discussion and possible adoption of a Resolution of the City Council of the City of Belvedere calling for and giving notice of the holding of a General Municipal Election of November 8, 2022, to: (1) elect three Councilmembers and (2) submit to the voters of the City a measure to authorize adoption of a city charter and a real property transfer tax; and requesting that the Board of Supervisors of the County of Marin consolidate said election with the Statewide General Election to be held the same date.

Staff Recommendation: Adopt the Resolution.

10. Introduction & first reading of an ordinance of the City Council of the City of Belvedere for proposed amendments of the Belvedere Municipal Code related to Objective Design & Development Standards – adding a new Title, Title 22: Objective Design & Development Standards, to the City of Belvedere Municipal Code.

Staff Recommendation: Approve the first reading of the Ordinance.

11. Discussion and possible adoption of a Resolution approving the City of Belvedere Annual Operating and Capital Budget for Fiscal Year 2022-2023 and the Five-Year Capital Plan.

Staff Recommendation: Adopt the Resolution.

12. Discussion and possible adoption of a Resolution levying a previously approved special tax for Fire and Emergency Medical Services and fixing the rates thereof for the fiscal year 2022/2023.

Staff Recommendation: Adopt the Resolution.

OTHER SCHEDULED ITEMS

13. Adopt a Resolution updating and adopting the City’s Climate Action Plan 2030.

Staff Recommendation: Adopt the Resolution.

ADJOURN
NOTICE: WHERE TO VIEW AGENDA MATERIALS
Staff reports and other materials distributed to the City Council are available for public inspection at the following locations:
• Online at www.cityofbelvedere.org/archive.aspx
• Belvedere City Hall, 450 San Rafael Avenue, Belvedere. (Materials distributed to the City Council after the Thursday before the meeting are available for public inspection at this location only.) • Belvedere-Tiburon Library, 1501 Tiburon Boulevard, Tiburon.

To request automatic mailing of agenda materials, please contact the City Clerk at (415) 435-3838.

Posted: 6/10/2022
NOTICE: AMERICANS WITH DISABILITIES ACT
The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet materials in alternate formats and special assistance needed to attend or participate in this meeting. Please make your request at the Office of the City Clerk or by calling 415/435-3838. Whenever possible, please make your request four working days in advance.

AGENDA ITEM NO. : 04

CONSENT CALENDAR BELVEDERE CITY COUNCIL
JUNE 13, 2022
To: Mayor and City Council
From: Beth Haener, City Clerk
Subject: Approve minutes of the May 9, 2022, regular City Council meetings Recommended Motion/Item Description
That the City Council approve the minutes as part of the Consent Calendar.

Attachments
Minutes.
1 REGULAR MEETING

BELVEDERE CITY COUNCIL
MAY 09, 2022, 6:30 PM

REMOTE VIA ZOOM

MINUTES
______________________________________________
COUNCIL PRESENT: James Campbell, Nancy Kemnitzer, James Lynch, and Sally Wilkinson COUNCIL ABSENT: None
STAFF PRESENT: City Manager Craig Middleton, Police Chief Jason Wu, Public Works Director Robert Zadnik, Administrative Services Director Helga Cotter, City Attorney Amy Ackerman, and City Clerk Beth Haener
These minutes are intended to reflect the general content of the regular meeting. An audio file of the meeting is available:
https://www.cityofbelvedere.org/agendacenter.

CALL TO ORDER IN REMOTE OPEN SESSION
The meeting was called to order by Mayor Wilkinson at 6:30 PM via remote Zoom meeting.

City Clerk Haener read the COVID-19 notice and public participation instructions.

City Manager Middleton took roll call.

OPEN FORUM
Belvedere resident Linda Remy ceded her time to Belvedere resident William Rothman. Mr. Rothman shared his concerns on the Protect Belvedere project.

Mrs. Benediktsson questioned why the City is not using the process that it has used to fund the undergrounding of utilities to raise funds for the Protect Belvedere project. City Manager Middleton stated that this process is different than an undergrounding district partly because the entire City benefits from this project. City Manager Middleton stated that he would be happy to discuss this topic more offline with Mrs. Benediktsson.

Belvedere resident David Flaherty stated his opposition to the Protect Belvedere project and stated that his neighbors and friends are upset about this project.

Belvedere resident Alison Russel stated her concern about how the City plans to raise funds for the Protect Belvedere project and stated she supports a parcel tax.

Belvedere resident Beth Cherry requested story poles for the San Rafael Avenue wall. Public Works Director Zadnik stated that story poles will be a part of the project’s process.

Seeing no one else wishing to speak, Mayor Wilkinson closed the open forum.

SCHEDULED ITEMS

1. Council will conduct interviews with applicants for the vacant seat on City Council.

Mr. Peter Mark and Mr. Brian Davis were interviewed for the vacant City Council seat. 2 Mayor Wilkinson took public comment from residents who stated their support for the applicants.

Mayor Wilkinson thanked the applicants for their interest and thanked the public for sharing their thoughts.

Mayor Wilkinson stated that Council will be bringing this item back for discussion and decision at the end of the meeting.

2. Election of Vice Mayor
City Manager Middleton gave the staff report stating that, because the Vice Mayor resigned in March, the Council has an opportunity to elect another Councilmember to the role this evening. There were no questions from the Council or public.

MOTION: To nominate Jim Lynch as Vice Mayor
MOVED: By Kemnitzer, seconded by Campbell; approval was unanimous

REPORTS & PRESENTATION

3. City Council Reports
Councilmember Campbell stated that he and Mayor Wilkinson have been meeting with residents to discuss the Protect Belvedere project. Councilmember Campbell stated that it has been great hearing everyone’s thoughts and urged anyone who would like to schedule a meeting to discuss this project to please reach out to him.

Mayor Wilkinson reported that tickets went on sale for the Yellow Bus challenge, the traffic mitigation program, for the 2022- 2023 school year, and stated that tickets can be purchased at buschallenge.org.

Mayor Wilkinson called for public comment and, seeing none, closed public comment.

4. City Manager Report
City Manager Middleton reported that on the 21st of May there will be a Housing Element workshop held at Community Park from 12:00 to 3:00 p.m. and encouraged all to come.

City Manager Middleton reported that the playground construction has begun and is expected to be done by the latter part of June.

City Manager Middleton stated that he is delighted to report the City has hired Police Officer Caitlin Cullen and indicated that she will be sworn in at the June Council meeting.

Mayor Wilkinson called for public comment and, seeing none, closed public comment.

5. Police Chief Report.

Police Chief Jason Wu gave a presentation on the Police Department’s quarterly report.

Mayor Wilkinson called for public comment and, seeing none, closed public comment.

6. Presentation by Belvedere Tiburon Library Board of Trustees member Roxanne Richards providing an update on the Library.

Roxanne Richards, Belvedere’s representative on the Library Board of Trustees, along with Chair Jeff Slavitz, Library Director Crystal Duran, and President of the Library Foundation Susannah Scully, gave a brief presentation on the expansion and reopening of the Library. 3 Mayor Wilkinson called for public comment and, seeing none, closed public comment.

CONSENT CALENDAR
MOTION: Move to adopt the Consent Calendar with one motion MOVED: By Campbell, seconded by Lynch. Approval was unanimous The Consent Calendar consisted of the following Items:

7. Approve minutes of the:

A. March 14, 2022, regular meeting
B. March 22, 2022, special meeting
C. March 23, 2022, special meeting

8. Approve warrants of March 2022.

9. Accept the Fiscal Year Investment Report for the quarter ending March 31, 2022.

10. Adopt a Resolution allocating Road Repair and Accountability Act (SB 1) funds to be included in the FY2022-23 Capital Improvement Plan Budget.

11. Adopt a Resolution amending Administrative Policy Manual Section 2.5 Investments.

12. Adopt a Resolution to Continue Remote Public Meetings pursuant to Assembly Bill 361.

13. Adopt a Resolution accepting Lexipol Police Department Policy Manual updates.

14. Adopt a Resolution consenting to a change in the Richardson’s Bay Regional Agency (RBRA) Joint Powers Authority (JPA) agreement to bring it into conformance with State law.

15. Approve a revocable license for proposed private improvements in the City street right-of-way along San Rafael Avenue for the property at 70 San Rafael Avenue.

16. Waive Further Reading and Authorize Introduction and/or Adoption of Resolutions and Ordinances by Title Only (Standard procedural item – no backup information provided).

PUBLIC HEARING

17. Second Public Hearing on Proposing a City Charter for Belvedere and the Content of the Proposed Charter.

City Manager Middleton presented the staff report and took questions from Council.

Mayor Wilkinson called for public comment.

Belvedere Resident William Rothman stated his concerns about the proposed City charter.

Belvedere resident Sprague Van Stroh stated that she is not in favor changing the City’s government structure to allow additional taxes to be levied with a majority vote.

Belvedere resident Wendy Stovell asked how common it is for a city the size of Belvedere to become a charter city. City Manager Middleton stated there are over 120 charter cities in California.

Belvedere resident Neil Cherry stated his concerns about the transfer tax and also stated his appreciation for all the time the Council is giving to this topic.

Belvedere resident David Flaherty stated his concern about how other California charter cities are run and expressed his concern about Belvedere being run like these cities.

City Clerk Haener read an email from Suzanne Du Molin for the record, stating her concern about the real property transfer tax and the charter proposal.

City Clerk Haener read an email from Sandy Donnell and Justin Faggioli for the record, stating their support of the real property transfer tax and the charter proposal.
4 Belvedere resident Jim Stovell stated his opposition to the proposed charter.

Belvedere resident Suzanne Du Molin stated that there are contradictions being stated this evening to what has been stated in the past.

Seeing no one else wishing to speak, Mayor Wilkinson closed public comment and brought it back to Council for discussion.

This item required no action.

OTHER SCHEDULED ITEMS

18. Discussion and possible action to adopt a Resolution Amend the Administrative Policy Manual Section 6.1 to better define the roles and responsibilities of the Belvedere Block Captain Committee.

City Manager Middleton presented the staff report and took questions from Council.

Mayor Wilkinson called for public comment and, seeing none, closed public comment.

MOTION: Adopt a Resolution to amend the Administrative Policy Manual Section 6.1 to better define the roles and responsibilities of the Belvedere Block Captain Committee MOVED: By Campbell, seconded by Lynch, Approval was unanimous

19. Preliminary review and discussion of the annual operating budget and capital improvement program for the City for Fiscal Year 2022/2023.

Administrative Services Director Helga Cotter presented the staff report and took questions from Council.

Councilmember Kemnitzer stated her concerns with the budget, including the Planning Department costs, the increase in funds for the Richardson’s Bay Regional Agency(RBRA), and the costs of capital projects. Councilmember Kemnitzer requested that staff take a second look before the budget returns to Council in June.

Mayor Wilkinson called for public comment.

Belvedere resident and Parks, Open Spaces, and Lanes Committee Chair Jean Bordon commented on the budget and expressed concerns about insufficient funding for Parks, Open Spaces, and Lanes Committee projects.

Seeing no one else wishing to speak, Mayor Wilkinson closed public comment.

This item required no action and will be brought back to Council in June for adoption.

20. Adopt a Resolution appointing Robert Zadnik as City Manager and Approve the Employment Agreement between the City and Mr. Zadnik setting the terms and conditions of his employment as City Manager.

City Manager Middleton presented the staff report and took questions from Council.

Mayor Wilkinson called for public comment.

Belvedere resident William Rothman stated his concerns about Mr. Zadnik taking on the role of City Manager.

Seeing no one else wishing to speak, Mayor Wilkinson closed public comment.

MOTION: Adopt resolution appointing Robert Zadnik as City Manager and authorizing the Mayor to execute an 5 Employment Agreement with Mr. Zadnik on behalf of the City.

MOVED: By Lynch, seconded by Campbell. Approval was unanimous

21. Discussion and possible action to appoint a new Councilmember to fill the vacant seat on the Council.

City Council discussed the two applicants in detail and appointed Peter Mark as the new councilmember to fill the vacant seat on the Council.

MOTION: Appoint Peter Mark to the interim position on the Belvedere City Council MOVED: By Kemnitzer, seconded by Lynch. Approval was unanimous

ADJOURN
The meeting was adjourned at 9:54 P.M.

THE FOREGOING MINUTES were approved at a regular meeting of the Belvedere City Council on June 13, 2022, by the following vote:

AYES: James Campbell, Nancy Kemnitzer, James Lynch, Peter Mark and Mayor Wilkinson NOES: None
ABSENT: None
RECUSED: None
Approve: __________________________
Sally Wilkinson, Mayor
Attest: ________________
Beth Haener, City Clerk
AGENDA ITEM NO. : 05

CONSENT CALENDAR BELVEDERE CITY COUNCIL
JUNE 13, 2022
To: Mayor and City Council
From: Helga Cotter, Administrative Services Director
Subject: Establish Appropriations limit for Fiscal Year 2022/2023 Recommended Motion/Item Description
Adopt the resolution establishing the Gann (Proposition 4) appropriations limit for Fiscal Year 2022/2023.

Background
Article XIIIB of the California State Constitution was approved by California voters in November 1979, and modified by Proposition 111 in 1990. This article, more commonly known as the Gann Limit, places limits on the amount of tax proceeds that government agencies can receive and spend each year. Each year the City Council must adopt, by resolution, an appropriations limit.

The appropriations limit is different for each agency, and the limit changes each year. The limit is based on the actual appropriations that were authorized to be spent in fiscal year 1978-79 for each agency and is modified for changes in inflation and population in each subsequent year.

Not all revenues are restricted by the Gann Limit, only those that are defined as “proceeds of taxes.” Additional appropriations to the budget funded by non-tax sources, such as charges for services, restricted revenues or grants, are not affected by the Appropriations Limit.

The factors used to compute the Gann Limit are:
(1) The percentage change in California per capita personal income, and (2) The greater of either the City's own population growth or the population growth of the entire County.

The State of California Department of Finance annually provides the California per capita personal income change percentage for purposes of calculating the Gann Limit. For 2022/2023, California per capita personal income increased by 7.55%. The County’s population decline of -1.11% is more than the City’s population decline of -1.09%. Therefore, the calculation for the FY 2022/2023 Gann Limit is based on the percentage change in California per capita personal income and the City’s population decline. Attachment 2 details the calculation of the Gann Limit for FY2022/2023.

CONSENT CALENDAR BELVEDERE CITY COUNCIL
JUNE 13, 2022

Findings
In Fiscal Year 2022/2023 the overall limit increases to $4,788,340. This is $419,258 more than the City estimates it will collect in revenue subject to the limit.

Attachments

1. Resolution

2. FY 2022/2023 Gann Limit Calculation

CITY OF BELVEDERE
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE ADOPTING THE 2022/2023 FISCAL YEAR GANN APPROPRIATIONS LIMIT _____________________________________________________________________ WHEREAS, Article XIIIB of the Constitution of the State of California (Proposition 4 on the November 6, 1979 ballot) requires governmental jurisdictions to establish appropriation limits each fiscal year; and
WHEREAS, Proposition 111, passed by the voters in June of 1990, expands the choices for making annual adjustments to the appropriations limit based on various growth factors; and WHEREAS, the City Council has determined that the growth factors of (1) the percentage change in California per capita personal income and (2) the percentage change in the City’s population will be used to establish the 2022/2023 appropriation limit; and WHEREAS, selecting these growth factors will result in a new limit for 2022/2023 of $4,788,340.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belvedere that:

1. The growth factors selected for fiscal year 2022/2023 for determining the City’s Proposition 4 appropriations limit are (1) the percentage change in California per capita personal income and (2) the percentage change in the City’s population.

2. The sum of $4,788,340 is hereby established as the appropriations limit for the City of Belvedere.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Belvedere on June 13, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:___________________________
Sally Wilkinson, Mayor
ATTEST:_______________________________
Beth Haener, City Clerk
Attachment 1

AMOUNT SOURCE
A. PRIOR YEAR LIMIT $          3,503,701
B. ADJUSTMENT FACTORS

1. Population % 0.9891
Greater of City or  County
population percent increase

2. Inflation% 1.0755 State Finance/Assessor

3. Total Adjustment % 1.0637 (B1*B2)
C. THIS YEAR'S LIMIT

1. Current year limit calculation            3,726,887 (A*B3)

2. Voter approved additional amt             Fire Tax Assessment 1,061,453 D. TOTAL CURRENT YEAR LIMIT $          4,788,340 (C1+C2) RESOURCES SUBJECT TO LIMITATION:

PROCEEDS OF TAXES
Property Taxes $          6,750,871
Sales Taxes 122,654
Business Licenses 53,745
HOPTR 21,461
Interest Income Earned from Taxes 13,040
TOTAL SUBJECT TO LIMITATIONS $          6,961,771
EXCLUSIONS $         (2,592,689)
APPROPRIATIONS SUBJECT TO LIMITATION $          4,369,082 $           4,788,340
(4,369,082)
BALANCE UNDER ARTICLE XIIB LIMIT: $             419,258 Maximum allowable appropriation subject to
limitations 2022‐2023 fiscal year:

Less: Total appropriation subject to limitation for
2022‐2023 fiscal year:

Attachment 2
AGENDA ITEM NO. : 06

CONSENT CALENDAR BELVEDERE CITY COUNCIL
JUNE 13, 2022
To: Mayor and City Council
From: Beth Haener, City Clerk
Reviewed by: Amy Ackerman, City Attorney
Subject: Adoption of an Ordinance amending title 9 of the Belvedere Municipal Code by adding chapter 9.80, “Parks and Community Center,” regulating the use of Belvedere parks and Community Center.

Recommended Motion/Item Description
That the City Council adopt the ordinance as part of the Consent Calendar.

Background
This Ordinance was introduced at the March 14, 2022 regular City Council meeting. The first reading was approved unanimously. It is being presented tonight for final adoption.

Attachment
• Ordinance.
1 CITY OF BELVEDERE
ORDINANCE N0. 2022-XX
AN ORDINANCE OF THE CITY OF BELVEDERE AMENDING TITLE 9 OF THE BELVEDERE MUNICIPAL CODE BY ADDING CHAPTER 9.80, “PARKS AND COMMUNITY CENTER,” REGULATING THE USE OF BELVEDERE PARKS AND COMMUNITY CENTER.

WHEREAS, Article 11, Section 7 grants to the City of Belvedere the authority to make all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; WHEREAS, the City of Belvedere operates public parks, including the Community Park adjacent to City Hall, and the Tom Price, Centennial, and Land Company Parks and the Community Center for use of the community;
WHEREAS, at its meeting on February 14, 2022, the Council approved the City’s expenditure of a mix of public funds and private donations of over $400,000.00 to refurbish the Community Park playground;
WHEREAS, the City seeks to maintain its parks, playground, and community center in a clean and readily accessible condition for the use by its residents; WHEREAS, the City has historically had a policy to not issue permits for use of its parks but instead to allow use of the parks on a first, come first, served basis and for programing by the City of Belvedere or recreation department sponsored events and camps; WHEREAS, on November 8, 2021, the City Council approved a first reading of an ordinance banning commercial activity in its parks;
WEREAS, on December 13, 2021, the City Council declined to adopt the ordinance banning commercial activity in its parks;
WHEREAS, the City Council desires to adopt an ordinance more broadly regulating activity in the parks and community center in order to maintain them in a clean and accessible condition for use by its residents;
WHEREAS, on March 14, 2022, the City Council held a duly noticed public hearing to consider the Ordinance Amendment; and
WHEREAS, the Ordinance Amendment is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment (Pub. Res. Code § 21065).

SECTION 1. Findings. The Ordinance Amendment furthers the public health, safety, and welfare and the above recitals are true and correct and are incorporated as findings herein.

SECTION 2. Amendment. Belvedere Municipal Code Chapter 9.80 “Parks and Community Center” is hereby added to Title 9 “Public Peace, Morals, and Welfare” as follows:

Title 9 Chapter 9.80 Parks and Community Center

9.80.010. Scope.

The provisions of this chapter shall apply to all Belvedere Parks on public property: the Community Park adjacent to City Hall, the Tom Price Park, the Centennial Park, and the Land Company Park and the Belvedere Community Center.

9.80.020. Hours of Operation.
(a) Park Hours. The parks shall be open for public use from sunrise to sunset. No person shall enter or remain in any park outside of the hours open to the public. (2) The City Manager or his or her designee may set different hours for park use in a permit.
(b) Community Center Hours.
(1) Except as provided in section 9.80.020(b)(2), the Community Center is open for public use from one hour before sunrise until one hour after sunset. No person shall enter or remain in any park outside of the hours open to the public. (2) The City Manager or his or her designee may set different hours for the Community Center in a permit.
(c) The City reserves the right to close the parks and community center to the public for the purpose of protecting the environmental quality of the area, during periods of extreme fire hazard, or other such conditions deemed hazardous to persons or property.

9.80.030. Prohibited Activities.

It is unlawful for any person to do any of the following in City parks or the Community Center:
(a) Amplified Sound. Use amplified sound, without a valid permit issued by the City Manager or her or her designee.
(b) Destruction of property. Willfully mark, deface, disfigure, injure, displace or remove any railing, bench, paving, paving material, water line, signs, notices, or placards (whether temporary or permanent), monuments, stakes, posts, or other boundary markers, wall or rock border, structures, equipment, facilities or public property of any kind. (c) Damage or Remove Natural Resources. Damage, cut, carve, burn, or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant or remove sand, soil, rock, stones, trees, shrubs, or plants;
(d) Dumping. Dump, deposit, or leave any bottles, broken glass, paper, boxes, cans, garden trimmings, rubbish, waste or garbage, or other trash except those items which are incidental to the use of park facilities which items must be deposited in the receptacles provided.

Where refuse receptacles are not provided or are full, the person responsible for the presence of refuse shall move such refuse from the park or building and properly dispose of it elsewhere. (e) Erection of Structures. Construct or erect any building of whatever kind, whether permanent or temporary in character, any tent, fly or windbreak, or bounce machines, or run or string any rope, cord, or wire into, upon, or across, any public property without an encroachment permit;
(f) Fires and Barbeques. Kindle or maintain in any park, for any purpose, any fire except for a fire maintained in a portable barbecue grill. No person may dispose of any used coals in the park, park receptacles or the City dumpster.
(g) Loitering. Sleep or protractedly lounge on seats, benches, sidewalks, curbs, planters, walls or other areas in such a manner as will interfere with the rights of others to use the areas for which they were intended.
(h) Personal Services. No person shall use any of the facilities or areas of any park for the purpose of providing athletic instruction or training for compensation. (i) Posting of Signs. Post or affix to any tree, shrub, plant, fence, building, monument, wall, post, vehicle or other physical object in any park any written or printed material, including, but not limited to, signs, notices, handbills, circulars and pamphlets. Any person who has scheduled an event in any park pursuant to a permit from the City may erect or post signs on the day that the event is scheduled to occur giving directions to such event, provided that such person receives prior approval from the City.
(J) Selling and Vending. Selling or offering for sale any service, merchandise, article, or anything whatever, nor station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing, in any park, or the community center except by permit issued by the City Manager and subject to all other provisions of this code. Any vendor must possess a valid Belvedere City Business License.

9.80.050. Enforcement.

The provisions of this chapter may be enforced by any code enforcement official as defined in section 1.15.020 of this Code.

9.80.060. - Violation—Penalty.

Any person violating section sections 9. 0.020 and 9.80.030 shall be guilty of an infraction and subject to administrative citation pursuant to Chapter 1.15 of this Code.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable.

SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage. Within fifteen (15) days following its passage, a summary of the Ordinance shall be published with the names of those City Council members voting for and against the Ordinance and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of the adopted Ordinance along with the names of the members voting for and against the Ordinance.

INTRODUCED AT A PUBLIC HEARING at a regular meeting of the Belvedere City Council on March 14, 2022 and adopted at a regular meeting of the Belvedere City Council on June 13, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:___________________________
Sally Wilkinson, Mayor
ATTEST:_______________________________
Beth Haener, City Clerk
AGENDA ITEM NO. : 07

CONSENT CALENDAR BELVEDERE CITY COUNCIL
June 13, 2022
To: Mayor and City Council
From: Samie Malakiman, Planning Consultant
Reviewed By: Irene Borba, Director of Planning and Building Craig Middleton, City Manager
Amy Ackerman, City Attorney
Subject: Revocable license for proposed private improvements in the City street rightof-way along Britton Avenue for the property at 7 Britton Avenue Recommended Motion/Item Description
That the City Council review and approve a revocable license agreement for 7 Britton Avenue for new & existing improvements in the 7 Britton Avenue right-of-way for: new Driveway, Steppingstones, Sidewalk, Curb and Gutter, Entry walkway, and Landscaping. As a condition of approval of the project, the applicant is required to remove an existing fence from the public rightof-way and relocate it entirely on private property.

Background and Findings
Proposed encroachment on City property – 7 Britton Avenue – APN 060-122-05. The attached license agreement requires the property owner to assume liability and maintenance responsibilities for:

New Driveway, Steppingstones, Sidewalk, Curb and Gutter, Entry walkway, and Landscaping
Background of current application
On May 17, 2022, the Planning Commission approved Design Review for a remodel and raised roof for the home at 7 Britton Avenue. During the meeting, the Commission reviewed the Revocable License application for a new driveway, sidewalk, and curb and gutter, and fence in the Britton Avenue right of way. Staff recommended the front yard fence be removed from the public right of way and onto private property as a condition of approval. One Commissioner was concerned that widening one section of sidewalk to 4’ would be inconsistent with the adjacent sidewalks. The Building Official mentioned that constructing 4’ ADA compliant sidewalk is required per the City’s Transition Plan whenever a project includes substantial renovations. The applicant had no objection to relocating the fence entirely onto private property. There were no further questions or concerns regarding improvements in the public right of way. The Commission

CONSENT CALENDAR BELVEDERE CITY COUNCIL
June 13, 2022

agreed that, as proposed and with the condition of approval to remove the fence from the public right of way, the project conforms to Municipal Code Chapter 13.04 and section 19.48.100 and to the requirements in the Administrative Policy Manual for Revocable Licenses.

A review of city records indicates that there is no existing Revocable License for the property.

Existing Improvements
• Driveway
• Fence
• Landscaping
• Pedestrian walkway
Proposed Improvements in the Britton Avenue Right of Way • Driveway
• Landscaping
• Steppingstones
• Entry Walkway
• Sidewalk/Curb/Gutter
Compliance with Administrative Policy Manual Section 272.05, Revocable Licenses In accordance with Section 11.7 of the City’s Administrative Policy Manual, a revocable license for private use of excess street right-of-way may be granted at the discretion of the City Council when there is some benefit to the public, and provided that any proposed encroachment into the right-of-way complies with the design review requirements of Title 20 of the Belvedere Municipal Code. The existing & proposed improvements conform to the Administrative Policy Manual for revocable licenses.

The Belvedere Administrative Policy Manual provides that the City Council may grant a revocable license for the private use of excess right-of-way if there is some public benefit and based on a list of factors. (Administrative Policy No. 11.7.) Here, staff recommends that the Council approve a revocable license for the existing & proposed improvements pursuant to the administrative policy because there is a public benefit, and the factors are satisfied, as indicated in italics below. a. Where necessary to provide pedestrian or vehicular access from private property to the adjacent public street;
The project proposes one driveway in the same place as existing. The project also proposes to replace the existing sidewalk with a 4’-0” wide ADA compliant sidewalk. The improvements are necessary to provide access.

b. Where use of the public right-of-way will permit landscaping and/or related improvements to be installed that the City Council determines will enhance the aesthetic qualities of the streetscape. Any such landscaping and/or related improvements should not significantly

CONSENT CALENDAR BELVEDERE CITY COUNCIL
June 13, 2022

impede public views or views from neighboring properties, or infringe on the privacy of neighboring properties;
The proposed new vegetation helps to soften and screen the property along the street and improves the aesthetic qualities of the streetscape. Said landscaping will not significantly impede public views from what currently exists or infringe on the privacy of neighboring properties.
c. Where use of the public right-of-way will permit the creation of an off-street parking area, and will thereby relieve parking or traffic congestion on the adjacent City street; The project proposes to reconstruct an existing driveway that leads to a garage and additional parking area. The garage and parking area are not in the right-of-way and will provide parking for the homeowners.
d. Where the public right-of-way will be used to construct retaining walls, drainage structures or other facilities that the City considers necessary to protect or maintain the public infrastructure;
There are no new retaining walls proposed in the right of way. e. Where appropriate to validate already existing private improvements in the public rightof-way for the purpose of shifting the City’s potential liability for injuries and damages to the private property owners using the right of-way for private purposes; The existing improvements on Britton Avenue include concrete driveway, sidewalk; curb and gutter, landscaping, and fence. The project is proposing to replace and widen the sidewalk 6” to be ADA compliant and in conformance with the Marin County Uniform Construction Standards. A Revocable License is necessary to validate the existing improvements and shift potential liability for injury and damages to the private property owner.
f. Where necessary to protect or enhance public safety; The sidewalk improvements will enhance public safety by widening the walkway to 4’ for greater pedestrian access.
g. Where use of the public right-of-way will provide an area for street-level refuse and recycling containers on property that would otherwise not have an area for such improvements.

Not applicable as no street-level refuse area is proposed with this project.

Additionally, the Administrative Policy states that “Where fencing is proposed on City property, with the exception of where said fencing would be located on a very steep slope and would serve as a safety measure for vehicles and pedestrians, said fencing should normally be avoided as this effectively turns public property into private property and potentially creates the unwanted image of a “tunnel effect” along our city streets. Fences and other similar barriers, including landscaping, that enclose public property for private use should be avoided.”

CONSENT CALENDAR BELVEDERE CITY COUNCIL
June 13, 2022

The Planning Commission conditioned the project to remove the fence from the public right-of-way and relocate it entirely on private property.

Public Benefit
The project benefits the public, as these proposed improvements will enhance the aesthetic appeal of the property frontage and will provide safer pedestrian access with a widened sidewalk. The proposed landscaping will provide screening of the home, as well as creating visual interest on the property.

Future improvements
The license covers any future improvements within the revocable license area that receive staff or Planning Commission design review approval, and which meet one or more of the criteria for approval of revocable license listed in the City’s Administrative Policy Manual, Policy 11.7, as adopted by City Council resolution. Applications for substantial, potentially permanent and/or obstructive structures within the City right-of-way, which fall outside the criteria, will still be required to go to the City Council for consideration and approval/denial. Detailed records at City Hall, maintained in the Planning Department file for this address, will be retained in perpetuity to memorialize the exact structures approved by the city within the license area. This will save considerable staff time that would be devoted to bringing a revised license and staff report to the City Council and in issuing, recording, and archiving a new license agreement.

Recommended Action
That the City Council approve a revocable license agreement for existing & proposed improvements for 7 Britton Avenue as part of the Consent Calendar.

Attachments
a. Draft license agreement with attached exhibit.
b. Revocable License Application.
c. Site Plan and Front Elevation
d. Google Street view of Existing Property
RECORDING REQUESTED BY:

City Clerk, City of Belvedere
RECORD WITHOUT FEE PER G.C. 27383
AND WHEN RECORDED MAIL TO:

City Clerk
City of Belvedere
450 San Rafael Avenue
Belvedere, CA 94920-2336

CITY OF BELVEDERE REVOCABLE
LICENSE NO. 2022-02
ASSESSOR'S PARCEL NO.: 060-122-05
ADDRESS: 7 Britton Avenue, Belvedere, California 94920
OWNER: Matthew Quinlan
DATE ISSUED: June 13, 2022
The City of Belvedere, California, a municipal corporation (hereinafter referred to as "City"), hereby authorizes and licenses the owner of the land described above and in Exhibit "A" (hereinafter referred to as "Licensee"), at Licensee’s own cost and expense, to encroach temporarily upon the adjoining land owned by the City of Belvedere (hereinafter referred to as "Premises") for the following purpose:

New Driveway, Steppingstones, Sidewalk, Curb and Gutter, Entry walkway and Landscaping.

The Planning Commission approved these improvements on May 17, 2022 and a more specific description of the improvements can be found in the approved plans. This license shall cover any future improvements within the revocable license area which receive design review approval from the Planning Commission or Planning staff and which meet one or more of the criteria adopted by City Council resolution for the granting of revocable licenses.

A legal description of the Premises is attached hereto as Exhibit A and incorporated herein by reference.

This revocable license is granted subject to the following terms and conditions:

1. Licensee shall save and hold the City harmless from any loss, damage, or injury of any kind or character whatsoever that may arise from anything done, or omitted to be done, by Licensee, its agents, employees or contractors in connection with or in any way related to the matters authorized by this License. Licensee agrees to hold City harmless and indemnify City (including, but not limited to, attorney fees, expert witness costs and court costs), without limitation, from and against any and all claims, injuries, damage, liability and/or cause of action which may ever arise as a result of injury and/or damage to property claimed to be the result of construction and/or failure to maintain said property or improvements by Licensee in, on, under, or above City property which is the subject of the revocable license granted Licensee by City.

2. All work performed pursuant to this License shall comply with the City of Belvedere Municipal Code, including, without limitation, Title 13.

3. To the extent this License authorizes the erection or installation of any building, fence, wall, or other structure or facility in or upon land owned by City, Licensee agrees to erect and install the same in accordance with plans and specifications approved by the Planning Commission or Planning staff and further agrees to maintain the same at all times in good condition and repair, all at Licensee’s sole cost and expense.

Attachment A
Revocable License No.2022-02

4. To the extent this License authorizes the erection or installation of any infrastructure improvements that are subject to the Americans With Disabilities Act (“the Act”), Licensee agrees to construct and maintain those improvements in full compliance with the requirements of the Act.

5. If Licensee shall fail to comply with the terms and conditions of this License, the City Manager at his sole discretion may immediately terminate and revoke this License by mailing or delivering written notice thereof to Licensee at the address hereinabove stated.

6. This License does not convey an exclusive right to use the Premises. Licensee shall not restrict access by the public and/or by adjacent property owners to the licensed area.

7. Licensee shall execute this License by: signing the License; making an acknowledgement of the License before a notary public or an officer specified by the State to take the acknowledgement of instruments of writing; and delivering the signed License and certificate of acknowledgement to the City. If Licensee shall fail to execute this License within thirty days of the date issued, the City may immediately terminate and revoke this License by mailing or delivering written notice thereof to Licensee at the address hereinabove stated.

8. Notwithstanding any other provision herein, this License shall be revocable at the pleasure of the City Council of the City of Belvedere. The election to revoke this License may be exercised at any time by mailing or delivering to Licensee at the address hereinabove stated a notice of revocation and termination. Within the time specified in said notice, Licensee shall, at its own cost and expense, remove from the Premises the encroachment and all structures and facilities placed thereon or therein by Licensee.

9. Upon the failure of Licensee to comply with any of the agreements contained herein, City may declare said improvements to be a public nuisance and may take such action as may be authorized by law to abate said nuisance. The City shall be entitled to recover from Licensee costs of suit and reasonable attorney's fees, to be determined by the court. The remedy of City as contained in this paragraph shall not be exclusive.

10. The Licensee acknowledges that the property interest created hereunder by issuance of this license may be subject to possessory interest taxation and said Licensee in whom such possessory interest is vested recognizes and agrees that it/they shall be solely responsible for payment of all such taxes levied upon said possessory interest.

11. The Licensee shall deliver this license to any successor in interest to the above-described land.

12. The agreements contained herein are covenants and servitudes running with the land and shall be binding upon Licensee and its successors, assignors, executors, administrators, and personal representatives unless or until revoked by the City.

13. The Licensee shall obtain an encroachment permit from the City prior to the commencement of any work on City property.

14. Any previous revocable licenses issued to this property are now null and void.

Issued by direction of the City Council of the City of Belvedere pursuant to action taken at its meeting of June 13, 2022.

Craig Middleton, City Manager
The foregoing License is accepted and its terms
and conditions are agreed to:

Matthew Quinlan, Licensee
(Attach acknowledgement from certified notary public for all Licensees)

REVOCABLE LICENSE

B R I T T O N A V E N U E
1 2 1 3
1 4 5 1 6
1 2
3 4
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RESIDENCE
Exhibit "A"
Project Address:_____________________________
Revocable License Application • Page 1 of 7 • City of Belvedere U:\Planning\Planning Forms\PLANNING FORMS - LATEST EDITION\WordVersions\APPLICATION FOR REVOCABLE LICENSE REV 9-15-14.docx

APPLICATION FOR REVOCABLE LICENSE

CITY OF BELVEDERE
450 SAN RAFAEL AVE • BELVEDERE, CA 94920-2336
PH. 415-435-3838 • FAX 415-435-0430 • WWW.CITYOFBELVEDERE.ORG

FOR STAFF USE ONLY
Date: ______________ Rec’d. by: _______ Amount: ___________ Receipt No.:

Parcel No.: Zone:

City property to be encroached upon:

TO BE COMPLETED BY APPLICANT
Address of Property:

Type of City Property to Be Encroached Upon (e.g., street right-of-way, view easement, tide lot):

Record Owner of Property:

Mailing ________________________________ Daytime Phone:

Address: ________________________________ Fax:
________________________________ Email:

Owner’s Representative:

Mailing ________________________________ Daytime Phone:

Address: ________________________________ Fax:
________________________________ Email:

Description of Encroachment Requested and Its Purpose (include list of private improvements, both existing and proposed, that will encroach onto public property):

 Applicants, please attach a scale diagram showing your property line and the encroachments. FOLLOW INSTRUCTIONS ON PAGE 3
7 Britton Avenue
7 Britton Avenue, Belvedere, CA 94920
Street right-of-way
Matthew Quinlan
280 Belvedere Avenue
Belvedere, CA 94920
415 345 4282
415 346 8987
[email protected]
David Kotzebue
29 Holly Lane
El Sobrante, CA 94803
415 286 3233
510 223 7914
[email protected]
Replace existing landscaping.

Replace existing entry walk and driveway. Add new concrete stepping stones.

Replace existing sidewalk, curb, and gutter. Repair existing wood fence as required.

Existing gas meter and PG+E electrical box to remain.

Attachment B
Project Address:_____________________________
Revocable License Application • Page 2 of 7 • City of Belvedere U:\Planning\Planning Forms\PLANNING FORMS - LATEST EDITION\WordVersions\APPLICATION FOR REVOCABLE LICENSE REV 9-15-14.docx IMPORTANT! This application will first be reviewed by the City Staff and/or Planning Commission. If the application successfully passes this review, a revocable license agreement will be drawn up by City Staff and a formal recommendation will be made to the City Council to approve it. The property owner(s) will need to sign the agreement document and have the signature(s) acknowledged by a notary public or the Deputy City Clerk before the agreement can be ratified by the City Council. A specimen copy of the revocable license agreement is attached for your information. THE OWNER’S

FAILURE TO EXECUTE THE AGREEMENT WILL PREVENT THE ISSUANCE OF ANY BUILDING PERMIT ASSOCIATED WITH THE LICENSE.

I, the undersigned owner of the property herein described (or owner representative, as authorized by completion of a Statement of Ownership and Designation of Representative), hereby make application for the revocable license requested, and I hereby certify that the facts, statements and information presented herein and in the attached exhibit(s) are true and correct to the best of my knowledge and belief
I understand that the contents of this document are a Public Record.

Signature:

Name: __
Date:________________________
7 Britton Avenue
David Kotzebue
6 May 2022
7 G
1 2 3 4 5 6
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D
C
B
A
F
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R I T
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NEW POOL

NEW GATE FTN

NEW PATIO

NEW LAWN
Architecture

D A V I D K O T Z E B U E
29 Holly Lane
El Sobrante, CA 94803
[email protected]
t 415 286 3233
f 510 223 7914
Belvedere, CA 94920
Proposed Remodel + Addition
APN 060 122 05
Latitude 37.875
Longitude -122.472

S T O R Y P O L E L E G E N D
1 E X I S T I N G L O O K I N G S O U T H E X I S T I N G L O O K I N G N O R T H Attachment C
1 WEST ELEVATION

A B C D E F G
7 2 EXISTING WEST (FRONT) ELEVATION
Architecture

D A V I D K O T Z E B U E
29 Holly Lane
El Sobrante, CA 94803
[email protected]
t 415 286 3233
f 510 223 7914
Belvedere, CA 94920
Proposed Remodel + Addition
APN 060 122 05
Latitude 37.875
Longitude -122.472
EXTERIOR MATERIALS and FINISHES

NO LOCATION MATERIAL COLOR DECRIPTION
1 Attachment D
AGENDA ITEM NO. : 09

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022
To: Mayor and City Council
From: Craig Middleton, City Manager
Robert Zadnik, Director of Public Works & Incoming City Manager Subject: Resolution calling for a municipal election to elect Councilmembers and submit a ballot measure regarding Charter City and Real Property Transfer Tax
Recommended Motion/Item Description
That the City Council consider this staff report and attachments, and That the City Council approve a resolution giving notice of the holding of a general municipal election on November 8, 2022, to elect three Councilmembers and submit to the voters of the City a measure to authorize adoption of a city charter and a real property transfer tax; and requesting that the Board of Supervisors of the County of Marin consolidate said election with the statewide general election to be held on the same date.

Background
Election of Councilmembers
In November, the terms of office of Mayor Sally Wilkinson, Councilmember James Campbell, and Interim Councilmember Peter Mark will expire.

The City must notify, by resolution, the Marin County Registrar of Voters of the City’s intention to conduct a general municipal election on November 8, 2022, for the purpose of electing three members to the City Council. Approval of the resolution will also authorize the City Clerk to publish the Notice of Election in local media, which serves to inform Belvedere voters of a local election and the upcoming filing period to become a candidate. The attached resolution (Attachment A) provides the required notification.

This year, the nomination period to become a candidate begins on July 18, 2022, and ends at 5:30 p.m. on August 12, 2022. If one of the incumbents does not file by 5:30 p.m. on August 12, the filing period will extend to August 17 for all candidates other than incumbents. The attached timetable lists all of the deadlines and important dates for the election.

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

Real Property Transfer Tax and Charter City
The City has identified a program of infrastructure projects that will greatly enhance public safety. Current and projected budgets do not provide sufficient funds to support this program without an infusion of additional general revenues. After examining several options for obtaining enhanced revenues, the Finance Committee recommended that the Council place a measure on the ballot that would authorize a tax on the sale or transfer, for consideration, of real property. At a rate of 1%, this tax would provide adequate revenues to the City’s general fund to allow the City Council to budget for the set of needed public safety infrastructure improvements that have been identified.

Based on direction provided by the Council on June 6, 2022, to phase the implementation of the program, staff has studied the financial implications of a phased set of public safety infrastructure projects. The Council directed at that meeting that priority should be given to protecting Belvedere from the impacts of earthquakes. A later phase of the program would augment the City’s defenses against catastrophic flooding and sea level rise. Staff was directed to continue to work with stakeholders on a design for the flood protection program and to redouble efforts to identify and obtain outside funding while focusing on near-term protection against earthquakes.

Staff, working with an independent professional cost estimator hired by the City, has determined that the program of seismic strengthening relating to improvements to the City’s roads, levees utilities and seawall would cost approximately $20M. The larger program, including flood protection, was estimated to cost $27.4M. If, as has been discussed, funding for the flood prevention aspects of the project could be obtained from outside or other sources, then the amount of general fund revenue needed to support the program would be reduced.

Given that the Finance Committee’s recommendation of a 1% tax rate was intended to provide sufficient general fund revenue so that the Council would have resources that could be used to support a $27.4M set of infrastructure improvements to enhance public safety, a less expensive project ($20M) would require a lower contribution to the general fund. Having conferred with the City’s financial advisor, staff believes that a real property transfer tax rate of .8% would provide sufficient augmentation of the general fund. The Chairman of the Finance Committee has concurred with this recommendation.

A draft ordinance that, if approved by voters, would implement a real property transfer tax is included in this staff report as Attachment C. The ordinance sunsets (ends) the tax in 30 years.

Expenditures of general funds obtained from the tax would be subject to Finance Committee oversight and annual audits.

In order to implement a .8% tax on the sale or transfer, for consideration, of real property, Belvedere must first become a charter city. California cities, such as Belvedere, that are structured as “general law” cities are limited to levying real property transfer taxes at the rate set in Revenue and Taxation Code section 11911. Charter cities may enact a real property transfer tax at a higher rate.

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

There are over 120 charter cities in California; each is governed by a city charter. The draft city charter that is included in this staff report is very narrowly drawn, meaning that the only new power provided by the charter would be the authority to levy a real property transfer tax at a rate greater than the rate established in California Revenue and Taxation Code section 11911, only after such a tax is approved by Belvedere voters. In all other respects, Belvedere would continue to function as a general law city under the laws of the state; that is, it would function as it does today.

A draft city charter is included in this staff report as Attachment B. This is the same draft charter that has been considered in two public hearings held this year by the City Council. These hearings were held on March 22, 2022, and May 9, 2022, and public comment was received by the Council.

It is important to note that, if adopted by Belvedere voters, the Belvedere city charter could be amended only by voters. The Council does not have authority to amend the city charter.

Summary/Conclusions
• The Finance Committee has studied options for enhancing the City’s general revenues and has recommended to the Council that a real property transfer tax is the best approach and should be presented to voters.
• The Finance Committee recommended that voters be asked to consider a 1% tax on the sale, for consideration, of real property. This would be a general tax, providing revenue to the City’s general fund. Such funds could not be designated for any particular purpose. They would provide sufficient general fund liquidity to enable the City to take on a comprehensive program of public safety upgrades to infrastructure. Such a tax would end at 30 years or could be ended earlier by voters. • The City Council, on June 6, 2022, voted to direct staff to implement a phased approach to the proposed Protect Belvedere project. This approach would prioritize protecting the City’s infrastructure from the impacts of earthquakes. Protect Belvedere’s flood protection measures would be delayed and would be implemented as part of a second phase, which could be supported with grants and other funding sources. • Staff believes that a real property tax rate of .8% would provide sufficient levels of general revenue to enable the City to support the seismic protection program. Funds obtained from the tax would be general funds and would not be designated for the project. The City Council has the authority to make budgetary decisions, including the decision as to whether to fund the seismic protection program.

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

• The California Constitution reserves the right to levy enhanced real property transfer taxes to charter cities, but not to general law cities. Belvedere is currently a general law city and would therefore need to convert to a charter city for this purpose. • A draft charter has been presented at two public hearings of the City Council in March and May of this year. It is very narrowly drawn, meaning that the only change it would allow is to authorize of the City to levy a real property transfer tax, if that tax were approved by voters. Any change to the charter would also need to be approved by voters. • The Council may act by motion and resolution to place a measure on the ballot. • The measure, if approved by a majority of those Belvedere voters who participate in the election, would convert Belvedere to a charter city to be governed in accordance with the draft charter, and would empower the City to levy a real property transfer tax at a specified tax rate on the sale or transfer of property for consideration.

Resolution
The resolution that is included in the packet (Attachment A) would give notice of the holding of a general municipal election on November 8, 2022, to elect three Councilmembers and submit to the voters of the City a measure to authorize adoption of a city charter and a real property transfer tax. It would request that the Board of Supervisors of the County of Marin consolidate said election with the statewide general election to be held on the same date.

Attachments:

A. Draft Resolution
B. Draft City Charter (also included as Exhibit A to the Draft Resolution) C. Draft Real Property Transfer Tax Ordinance (also included as Exhibit B to the Draft Resolution)
D. Timetable relating to November 8, 2022, election
Attachment A

CITY OF BELVEDERE
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE CALLING FOR

AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 TO ELECT THREE COUNCILMEMBERS AND SUBMIT TO THE

VOTERS OF THE CITY A MEASURE TO AUTHORIZE ADOPTION OF A CITY CHARTER AND A REAL PROPERTY TRANSFER TAX; AND REQUESTING THAT THE

BOARD OF SUPERVISORS OF THE COUNTY OF MARIN CONSOLIDATE SAID

ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE
WHEREAS, California Government Code Section 36503 and California Elections Code Section 1000(e) provide that a General Municipal Election may be conducted on November 8, 2022; and
WHEREAS, the voters of the City of Belvedere must elect three members of the City Council, two members for the term of office in which two vacancies will be created in December 2022 and which will end in 2026 and one member to fill a term of office which will end in 2024; and
WHEREAS, the City of Belvedere was incorporated as a general law city in 1896 by residents seeking to manage local affairs; and
WHEREAS, becoming a Charter City would allow the City of Belvedere to adopt a real property transfer tax at a rate greater than that permitted in Revenue and Taxation Code Section 11911 to expand the economic and fiscal independence of our City and promote the health, safety, and welfare of all residents; and
WHEREAS, the real property transfer tax would provide a protected and reliable source of local funds to maintain critical municipal services; and WHEREAS, the City Council has the authority to submit this measure to the voters of the City of Belvedere pursuant to Article XI of the California Constitution and Elections Code Section 9255; and
WHEREAS, Sections 10403 and 10418 of the Elections Code provide that the City Council may request the County of Marin Board of Supervisors to permit the County Elections Official to render specified services relating to the conduct of the election on a reimbursable basis; and
WHEREAS, it is desirable that the election on three Councilmember seats, the City Charter, and the real property transfer tax be consolidated with the general election to be held on the same date and that within the City, the precincts, polling places and election officers of the two elections be the same; and
WHEREAS, it is desirable that the County Election Department of the County of Marin canvass the returns of the General Municipal Election.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Belvedere that:

SECTION 1. Election Called. Pursuant to its right, power, and authority under the laws of the State of California and the City of Belvedere Municipal Code, a general municipal election is hereby called and ordered to be held in the City of Belvedere, California, on Tuesday, November 8, 2022 to: (1) elect two City Councilmembers for the full term of four years each and one City Councilmember to a non-regular term of two years to fill a vacancy and (2) submit to the voters a measure that would adopt a City Charter and a real property transfer tax.

SECTION 2. Procuring and Filing Nomination Papers. Nomination papers may be procured from the City Clerk and shall be filed with the City Clerk no later than 5:30 p.m. on the eighty-eighth day before the election, or August 12, 2022. Nomination papers may not be circulated prior to July 18, 2022 and must be filed no later than 5:30 P.M. on August 12, 2022.

If any one of the incumbents does not file for re-election to office by August 12, 2022 at 5:30 p.m., the filing period for such office is extended until 5:30 p.m. on August 17, 2022 for nonincumbent candidates only.

SECTION 2. Measure to be Submitted to Voters. The full text of the measure, attached to this Resolution as Exhibit A and Exhibit B, including the proposed Charter of the City of Belvedere and an ordinance authorizing a real property transfer tax, shall be completely printed in the voter pamphlet. The measure shall not take effect unless and until it is approved by a vote of at least a simple majority of affirmative votes of the voters voting on the question at the election. If the measure is approved, both the Charter and the real property transfer tax shall be approved. The City Council, pursuant to its right and authority, does order the following measure to be submitted to the voters which shall appear and be printed on the ballot as follows:

City of Belvedere
To advance public safety; strengthen infrastructure
against earthquakes; support fire suppression;
safeguard water, sewer and other utilities; secure
evacuation routes; and provide other general
services, shall the measure establishing Belvedere
YES
as a Charter City and enacting a real estate property
transfer tax of $8 per $1,000 to be paid by buyers or
sellers of real property, providing $1,600,000
annually, to end in 30 years or less, with audits and
citizen oversight, benefiting Belvedere, be adopted?
NO
SECTION 3. Approval of Submission of Charter and Ordinance to Voters. The City Council hereby proposes a City Charter, attached hereto as Exhibit A, and approves submitting the proposed City Charter to the voters. The City Council hereby approves the proposed ordinance, attached hereto as Exhibit B, to be submitted to the voters. The proposed tax is a general tax and shall not take effect unless and until the proposed measure, including the Charter, is approved by a vote of at least a simple majority of affirmative votes of the voters voting on the question at the election. The ordinance specifies that the rate of the real property transfer tax shall be eight dollars per each one thousand dollars, or fraction thereof, of the consideration paid for real property. The tax is owed at the time of sale of real property. The tax shall be collected by the City. The tax shall expire in 30 years or less.

SECTION 4. Impartial Analysis. The City Attorney is hereby directed to prepare an impartial analysis of the ballot measure pursuant to Elections Code Section 9280, showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by August 22, 2022.

SECTION 5. Ballot Argument. Pursuant to Elections Code Section 9282, The Mayor is hereby authorized to prepare a written argument in support of the ballot measure, not to exceed 300 words, on behalf of the City Council. The deadline for filing arguments for and against the ballot measure with the City Clerk shall be August 22, 2022. The arguments may be changed or withdrawn until and including that date. At the Mayor’s discretion, the argument may also be signed by members of the City Council or representatives of bona fide associations or by individual voters who are eligible to vote on the measure.

SECTION 6. Rebuttal Argument. The City Council hereby adopts Elections Code Section 9285(a), permitting the filing of rebuttal arguments. If an argument is filed against the measure, the Mayor is authorized to submit a rebuttal argument on behalf of the City Council, which may also be signed by members of the City Council or representatives of bona fide associations or by individual voters who are eligible to vote on the measure, which may be different from those who signed the primary argument. When the City Clerk has selected the arguments for and against the ballot measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be filed with the City Clerk by August 29, 2022 and shall not exceed 250 words in length.

SECTION 7. Ballot Format. The ballots to be used at the election shall be in the same form and content as required by law.

SECTION 8. Requesting the Consolidation of Elections. Pursuant to Elections Code Sections 10403 and 10418, the Board of Supervisors of the County of Marin is hereby requested to consolidate the General Municipal Election on Tuesday, November 8, 2022, provide all services necessary for this election, and print ballots including the Councilmember elections and ballot measure hereinabove set forth, provided that no person not a qualified elector of the City of Belvedere shall be permitted to vote for the Councilmembers or ballot measure. Within the City of Belvedere, the election precincts, polling places, and voting booths shall in every case be the same as those selected and designated by the County of Marin Registrar of Voters. The City agrees to reimburse the County of Marin for costs incurred by reason of this consolidation.

SECTION 9. Notice to County of Marin. The City Clerk shall file a certified copy of this Resolution with the Board of Supervisors of the County of Marin and the Registrar of the County of Marin, pursuant to Elections Code Section 10403.

SECTION 10. Notice of Election. The City Clerk is authorized and directed to give notice of the election as required by law. The City Clerk shall cause to be published in a newspaper of general circulation a Notice of Election which will include the date of election, hours of polling, and the offices to be filled. The City Clerk may request that the County of Marin Elections Department prepare and publish the Notice of Election.

SECTION 11. Hours of Polling. The polls for said election shall be opened at 7:00 a.m. on the day of said election and shall remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be closed, except as provided in Section 10242 of the Elections Code.

SECTION 12. Certification of Vote by Council. The Council shall conduct a duly noticed public meeting on the first available date following the canvass of the vote by the Registrar of the County of Marin to certify the election and install the newly elected officers.

SECTION 13. Other Procedures. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 14. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Belvedere hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 15. Compliance with the California Environmental Quality Act. The adoption of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq. (“CEQA”) and 14 Cal. Code Reg. §§ 15000 et seq. (“CEQA Guidelines”). The calling and noticing of a Special Municipal Election is not a project within the meaning of CEQA Guidelines section 15378, subsection (b)(3). * * * * * * *
I, the undersigned, hereby certify that the foregoing is a full, true and complete copy of a resolution duly passed and adopted by the Council of the City of Belvedere at a regular meeting thereof held on the ___ day of June, 2022, by the following vote:

Ayes, and in favor thereof, Council Members:

Noes, Council Members:

Abstain, Council Members:

Absent, Council Members:

Dated:

Approved:__________________________________
Sally Wilkinson, Mayor
ATTEST:___________________________
Beth Haener, Town Clerk
Exhibit A
Preamble to the Belvedere Charter
We, the people of the City of Belvedere, in the State of California, ordain and establish this Charter as the organic law of the City under the Constitution of the State. The City was originally founded in 1896 as a general law city.

City of Belvedere Charter
ARTICLE I. NAME AND BOUNDARIES
Section 100. Name and Boundaries
The municipal corporation now existing and known as the City of Belvedere, hereafter referred to as “the City,” shall remain and continue to be a municipal corporation under its present name of “City of Belvedere.” The boundaries of the City shall be the boundaries as established at the time this Charter takes effect, or as such boundaries may be changed thereafter in the manner authorized by law.

ARTICLE II. POWERS OF CITY
Section 200. Exercise of Constitutional Power of Taxation The City may exercise all power conferred on general law cities under the California Constitution and the laws of the state of California. In addition, the City may exercise the power granted to charter cities by Article XI Section 5 of the California Constitution with respect to the powers over municipal affairs solely for establishing a system for the imposition, levy and collection of a tax on the conveyance of real property based on the sales price or the value or the consideration paid for the real property without any of the limitations of the general laws of the State of California, including without limitation Revenue and Taxation Code Section 11911.

Section 201. Subject to General Laws
Except as provided in this Charter with respect to the power of the City over municipal affairs in relation to municipal revenues including taxation, assessment, fees, and other charges, the power of the City shall otherwise be constrained by, subject to, and governed by the general laws of the State as now and hereafter existing relating to cities organized under said general laws.

ARTICLE III. SUCCESSION
Section 300. Rights and Liabilities
The City shall remain vested with and continue to own, have, possess, control, and enjoy all property, rights of property, and rights of action of every nature and description owned, possessed, controlled or enjoyed by it at the time this Charter takes effect . The City shall be subject to all the obligations, contracts, liabilities, debt, and duties of the City at the time this Charter takes effect.

Section 301. Ordinances, Codes, and Other Regulations
All ordinances, codes, resolutions, regulations, rules, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until repealed, amended, changed, or superseded in the manner provided by this Charter and any other applicable laws.

Section 302. Pending Actions and Proceedings
No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, or department thereof, shall be affected or abated by the adoption of this Charter, or by anything herein contained.

ARTICLE IV. SEVERABILITY
Section 400. Severability
If any provision of this Charter is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Charter shall remain in full force and effect.

Exhibit B
CITY OF BELVEDERE ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY OF BELVEDERE AMENDING BELVEDERE MUNICIPAL CODE TITLE 3 – REVENUE AND FINANCE, AUTHORIZING A TAX

ON THE TRANSFER OF REAL PROPERTY LOCATED IN BELVEDERE AND ADDING CHAPTER 3.30 – REAL PROPERTY TRANSFER TAX TO THE

BELVEDERE MUNICIPAL CODE
WHEREAS, the City of Belvedere was incorporated as a general law city in 1896; and WHEREAS, the power of home rule granted by the California Constitution makes available to charter cities tools to construct local policy and address local concerns; and WHEREAS, establishing Belvedere as a charter city would enable the City to implement a property transfer tax, if the tax is approved by voters; and WHEREAS, under the terms of the proposed Charter for the City Belvedere, the only additional power provided to the City is the authority to implement a transfer tax, if the tax is approved by voters; and
WHEREAS, the City Council held two noticed public hearings to receive comments from the public and to consider the proposed draft City of Belvedere Charter; and WHEREAS, the City Council held a public hearing on a proposed ordinance that would authorize a real property transfer tax; and
WHEREAS, at the conclusion of the hearing process, after considering all testimony, evidence, and comments from the public, the City Council wishes to place a measure on the ballot that would approve the City of Belvedere Charter and an ordinance that would authorize a real property transfer tax; and
WHEREAS, the measure provides a protected and reliable source of general fund revenue that could enable the City to support public safety and related infrastructure, and WHEREAS, the measure would end in thirty years, or could be ended sooner by voters; and WHEREAS, the measure requires oversight by the City’s Finance Committee and annual audits; and
WHEREAS, the tax to be submitted to the voters, if approved, would authorize a tax on the sale of property. Payment of the tax could be negotiated between the buyer and seller. The tax would not be an annual tax on property, only a tax on the sale of property. The tax rate would be eight dollars ($8.00) per each one thousand dollars ($1,000), or fraction thereof, of the consideration paid for real property. The tax would be owed at the time of sale of real property.

Both the City of Belvedere Charter and the tax would be approved if the measure receives at least a simple majority vote of affirmative votes; and
WHEREAS, approval of this ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000 et seq. (“CEQA”) and 14 Cal.

Code Reg. §§ 15000 et seq. (“CEQA Guidelines”)). The tax authorized by this ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible time prior to approval of the project, consistent with CEQA Guidelines Sections 15004 and 15352. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.

NOW, THEREFORE, the City Council of the City of Belvedere does hereby ordain as follows:

SECTION 1. AMENDMENT. A new Chapter 3.30 “Real Property Transfer Tax” is hereby added to the Belvedere Municipal Code (BMC) to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this ordinance are declared to be severable.

SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect 10 days after the City Council declares the results of the vote at the November 8, 2022 election. The tax authorized by the ordinance shall become operative upon the effective date of the Charter of the City of Belvedere. Within 15 days following its passage, a summary of the Ordinance shall be published with the names of those City Council members voting for and against the Ordinance, and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of the adopted Ordinance.

The foregoing ordinance was approved by the following vote of the People of the City of Belvedere at an election held on November 8, 2022:

YESES:

NOES:

The foregoing ordinance was adopted by the Declaration of the vote at the November 8, 2022 election, which the City Council of the City of Belvedere declared on December XX, 2022 by the following vote:

AYES:

NOES:

ABSENT:

RECUSED:

APPROVED:

Sally Wilkinson, Mayor
ATTEST:

Beth Haener, City Clerk

EXHIBIT A
Chapter 3.30 “Real Property Transfer Tax” is hereby added to the Belvedere Municipal Code to read in its entirety as follows:

3.30.010 Title. This chapter may be cited as the “Real Property Transfer Tax Ordinance of the City of Belvedere.”

3.30.020 Purpose and Authority.

A. The tax imposed by this chapter is solely for the purpose of raising revenues for the general governmental purposes of the City. All of the proceeds from the tax imposed by this chapter shall be placed in the City’s general fund. This chapter is not enacted for regulatory purposes.

B. This ordinance is adopted pursuant to the City’s authority under Article XI, section 5 of the Constitution of the State of California and Section ___ of the Belvedere City Charter.

3.30.030 Definitions. For purposes of this Chapter , the following definitions apply:

A. “Change in control and ownership of legal entity” means any direct or indirect acquisition or transfer of ownership interest or control in a legal entity that constitutes a change in ownership or transfer of the real property of the legal entity under California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

B. “Change in ownership” shall have the same meaning as in California Revenue and Taxation Code section 60, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

C. “City” means the City of Belvedere.

D. “County Assessor” means the Assessor-Recorder-Clerk of the County of Marin or any department of the government of the County of Marin that succeeds to the assessor functions.

E. “County Recorder” means the Assessor-Clerk-Recorder of the County of Marin or any department of the government of the County of Marin that succeeds to the recorder functions.

F. “Person” and “persons” mean any natural person, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, limited liability company, municipal corporation, political subdivision of the State of California, domestic or foreign corporation, association, syndicate, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, and the United States or any instrumentality thereof. “Person” and “persons” also mean any natural person, who as an individual or with a spouse, owns 51 percent or more of the capital stock of a corporation obligated to file a declaration and pay tax pursuant to this chapter; and in addition, is a person with the power to control the fiscal decision-making process by which the corporation allocates funds to creditors in preference to its tax obligations under the provisions of this chapter. A person who is also an officer or director of a corporation obligated to file declarations and pay tax pursuant to this chapter shall be presumed to be a person with the power to control the fiscal decision-making process. Whenever the term “person” is used in any clause prescribing and imposing a penalty, the term as applied to an association shall mean the owners or part owners thereof, and as applied to corporation, the officers thereof.

G. “Real property” and “realty” mean real property as defined by and under the laws of the state of California.

H. “Tax” means the tax authorized and imposed by this chapter.

I. “Tax Administrator” means the Finance Director or other City official designated by the City Manager to administer the tax. Some or all of the functions of the Tax Administrator may be delegated to the County Recorder. References to the Tax Administrator include the County Recorder or other department of the County of Marin when a power or duty referred to has been delegated to the County Recorder or other department of the County of Marin.

J. 1. “Transfer of real property” means a sale, grant, assignment, transfer, or other conveyance of any lands, tenements, or other real property by deed, instrument, or other writing from a transferor to a transferee, or to a third person at or by the direction of transferee.

2. “Transfer of real property” includes the purchase or transfer of ownership interests in legal entities, such as corporate stock or partnership or limited liability company interests, if a purchase or transfer of ownership interest in a legal entity would constitute a transfer of real property (held directly or indirectly by the legal entity purchased or transferred) under California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration. This subsection is applicable to the purchase or transfer of ownership interests in a partnership without regard to whether it is a continuing or a dissolved partnership or whether the real property is or was held directly or indirectly by the partnership or any member of the partnership. To the extent necessary to further the purposes of this chapter, the documents effectuating the purchase or transfer of ownership interest in a legal entity shall be deemed to have been an instrument executed whereby there was conveyed, for fair market value, all real property that experienced a change of ownership under California Revenue and Taxation Code Section 64.

K. “Transferee” means a person to whom a transfer of real property is made. For the purposes of a transfer of real property as defined in subsection (J)(2), above, “transferee” shall be interpreted consistent with California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

L. “Transferor” means a person who makes a transfer of real property. For the purposes of a transfer of real property as defined in subsection (J)(2), above, “transferor” shall be interpreted consistent with California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

M. 1. “Value of consideration” means the total consideration, valued in money of the United States, paid or delivered, or contracted to be paid or delivered in return for the transfer of real property, including the amount of any indebtedness existing immediately prior to the transfer which is secured by a lien, deed of trust, or other encumbrance on the property conveyed and which continues to be secured by such lien, deed of trust, or encumbrances after such transfer, and also including the amount of any indebtedness which is secured by a lien, deed of trust, or encumbrance given or placed upon the property in connection with the transfer to secure the payment of the purchase price or any part thereof which remains unpaid at the time of transfer.

2. “Value of the consideration” also includes the amount of any special assessment levied or imposed upon the property by a public body, district or agency, where such special assessment is a lien or encumbrance on the property and the purchaser or transferee agrees to pay such special assessment or takes the property subject to the lien of such special assessment. The value of any lien or encumbrance of a type other than those which are hereinabove specifically included, existing immediately prior to the transfer and remaining after such transfer, shall not be included in determining the value of the consideration.

3. For the purposes of a transfer of real property as defined in subsection (J)(2), above, “value of the consideration” means the fair market value of the property transferred, as determined by the Tax Administrator or County.

4. If the “value of the consideration” cannot be definitely determined, or is left open to be fixed by future contingencies, “value of the consideration” shall be deemed to mean the fair market value of the property at the time of transfer, after deducting the amount of any lien or encumbrance, if any, of a type which would be excluded in determining the “value of the consideration” pursuant to the above provisions of this section.

5. In the event that the asserted “value of consideration” for a transfer of real property is less than the fair market value, the Tax Administrator may assume that the “value of consideration” is the fair market value of the property but shall consider evidence submitted by the persons responsible for the paying the tax that the lower amount represents the price agreed upon as part of a valid arms-length transaction.

3.30.040 Tax Imposed. A tax is hereby imposed on each transfer of real property located in the City of Belvedere, when the value of the consideration exceeds one hundred dollars ($100.00)

3.30.050 Tax Rate. The rate of the tax imposed pursuant this chapter shall be eight dollars ($8.00) for each one thousand dollars ($1,000.00) of the value of consideration paid for a transfer of real property, or fractional part of each one thousand dollars ($1,000.00) of the value of consideration.

3.30.060 Persons Liable for Tax.

A. Any person who makes a transfer of real property subject to the tax imposed by this chapter and any person to whom such a transfer is made shall be jointly and severally liable for payment of the tax. The transferor and transferee may apportion the tax between themselves.

B. Without in any way limiting the effect of subsection (A), above, and for informational purposes only, the City notes that it is the custom in Belvedere that the transferor and transferee each pay one half of the tax.

3.30.070 Exceptions and Exemptions.

A. Government Entities. The United States or any political subdivision thereof, the State of California, any city, county, city and county, district or any other political subdivision of the State of California shall be exempt from the tax imposed pursuant to this chapter. If the transferee or transferor is not a government entity, then the party to the transfer that is not a government entity shall be liable for the tax imposed pursuant to this chapter.

B. Writings That Secure a Debt. Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

C. Transfers of Real Property to Effectuate a Plan of Reorganization. Any tax imposed pursuant to this chapter shall not apply to the making, delivery, or filing of conveyances to make effective any plan of reorganization or adjustment:

1. Confirmed under the Federal Bankruptcy Act, as amended;

2. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 of Title 11 of the United States Code, as amended;

3. Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 of Title 11 of the United States Code, as amended; or

4. Whereby a mere change in identity, form, or place of organization is effected.

Subsections (1) to (4), above, shall only apply if the making, delivery, or filing of instruments of transfer or conveyance occurs within five (5) years from the date of such confirmation, approval, or change.

D. Orders of the Securities and Exchange Commission. Any tax imposed pursuant to this article shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:

1. The order of the Securities and Exchange Commission in obedience to which such conveyance is made is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;

2. Such order specifies the property which is ordered to be conveyed; and

3. Such conveyance is made in obedience to such order issued prior to February 8, 2006.

E. Transfer of Certain Partnership Property.

1. In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no tax shall be imposed pursuant to this chapter by reason of any transfer of an interest in the partnership or other entity or otherwise, if all of the following apply:
a. The transfer of an interest in the partnership or other entity does not constitute a transfer of real property as defined in section

3.30.030(J)(2).
b. The partnership or other entity treated as a partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986, as amended.
c. The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

2. If there is a termination of any partnership or other entity treated as a partnership for federal income tax purposes, within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this chapter, the partnership or other entity shall be treated as having transferred all realty held by the partnership or other entity under section 3.30.030(J)(2).

The date of the transfer of the real property held by the partnership or other entity shall be the same as the date of the termination.

3. Not more than one (1) tax shall be imposed pursuant to this chapter by reason of a termination described in subsection (2) of this section, and any transfer pursuant thereto, with respect to the realty held by a partnership or other entity treated as a partnership at the time of the termination.

F. Transfers That Result Only in a Change in the Method of Holding Title to Real Property. No tax shall be imposed pursuant to this chapter by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer.

G. Deed in Lieu of Foreclosure. Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure.

Consideration, unpaid debt amount, and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument, or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

H. Transfers between Spouses and Domestic Partners.

1. Any transfer made during the term of a marriage or domestic partnership between spouses or domestic partners shall be exempt from the tax imposed pursuant to this chapter.

2. Any transfer of property from one spouse or domestic partner to the other in accordance with the terms of a decree of dissolution or legal separation or in fulfillment of a property settlement incident thereto shall be exempt from the tax imposed pursuant to this chapter. This exemption shall apply only to property that was acquired by the spouses or domestic partners prior to the final decree of dissolution. This exemption shall not apply to a transfer of property to a third party, despite the existence of a valid court order or settlement agreement.
a. For domestic partners, the two parties to the transfer must have on file a valid domestic partnership registration (a) under existing law and procedures for the state of California domestic partnership registry, or (b) with a governmental agency of a jurisdiction that recognizes domestic partnership registration.
b. If domestic partners do not own, as joint tenants, the property that is the subject of their dissolution agreement, they must demonstrate that they were living together at the location of the real property in question either at least six months prior to the dissolution of the domestic partners relationship or the entire period of ownership of the transferring partner, whichever is more.
c. To qualify for this exemption, domestic partners must provide that portion of their dissolution and property settlement agreement pertaining to the division or transfer of property, which shall be filed with the Office of the City Clerk or County Recorder. The copy of the settlement agreement shall be accompanied by an affidavit with verifiable signatures or proof of identity, that the copy is an accurate and authentic reproduction of the final settlement agreement between the parties.

I. Transfers That Confirm or Correct a Recorded Deed. A transfer of real property without consideration that confirms or corrects a deed shall be exempt from the tax imposed pursuant to this chapter. The correcting or confirming transfer must be recorded no later than ninety (90) days after the recordation of the transfer requiring correction or confirmation.

J. Transfers Pursuant to Gifts and Bequests.

1. The tax imposed pursuant to this chapter shall not apply to a transfer of real property from a natural person if the transfer is a gift for which the transferee pays or delivers no consideration to the transferor. If real property is transferred to multiple transferees as a gift, and one transferee subsequently pays or delivers consideration to the other transferees to obtain sole ownership of the real property, the tax shall apply to the transfer referred to in this sentence.

2. The tax imposed pursuant to this chapter shall not apply to a transfer if the real property is specifically devised by a natural person to the transferee as part of a will or similar document, as long as the transferee pays or delivers no consideration to the transferor for the real property. If real property is devised to multiple transferees as part of a will or similar document, and one transferee subsequently pays or delivers consideration to the other transferees to obtain sole ownership of the real property, the tax shall apply to the transfer referred to in this sentence.

3. The exception provided in this subsection shall not apply if a transfer of real property is determined to be a transfer of real property as defined in section 3.30.030(J)(2).

3.30.080. Administration of Tax. The Tax Administrator shall collect or cause to be collected the tax imposed pursuant to this chapter and shall otherwise administer this chapter.

The Tax Administrator may make such rules and regulations, not inconsistent with this chapter, as they may deem reasonably necessary or desirable to administer this chapter, as well as necessary forms and receipts.

3.30.090 Due Dates, Delinquencies, Penalties, Interest, Administrative Charges, and Lien Release Recordation Fees; Penalty for Fraud.

A. The tax imposed pursuant to this chapter is due and payable at the time the deed, instrument, or writing effecting a transfer of real property subject to the tax is delivered or the transfer of real property is deemed to have been completed. The tax imposed pursuant to this chapter is delinquent if unpaid ninety (90) days later.

If a transfer of real property is effected but not recorded with the County Recorder within ninety (90) days of the date on which the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed, all statutes of limitations regarding liability for the tax imposed pursuant to this chapter shall be tolled until the City has actual knowledge of the transfer, at which time the tax on the unrecorded transfer shall relate back to the date on which the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed. Penalties and interest shall be deemed to have begun accruing on the date the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed, and shall be the joint and several liability of the persons referred to in Section 3.30.060. In the event that the tax is not paid prior to becoming delinquent, a delinquency penalty of twenty-five percent (25%) of the amount of the tax due shall accrue. In the event only a portion of the tax is unpaid prior to becoming delinquent, the penalty shall only accrue as to the unpaid portion. An additional penalty of fifteen percent (15%) of the amount of tax due shall accrue if the tax remains unpaid on the ninetieth day following the date of the original delinquency. Interest shall accrue at the rate of one percent (1%) per month or fraction thereof, on the amount of the tax, inclusive of penalties, from the date the tax becomes delinquent to the date of payment. Interest and penalties shall become part of the tax. An administrative charge and a release of lien filing fee equal to the amount charged by the County Recorder shall be added to the amount owed for each property approved for a tax lien by the City Council.

B. If the Tax Administrator determines that the failure of any person to timely pay any tax imposed by this chapter was attributable to fraud or an intent to evade this chapter, then the Tax Administrator shall impose a penalty in the amount of fifty percent (50%) of the amount of the unpaid tax. The penalty imposed by this subsection (B) shall be in addition to the penalty imposed under subsection (A) and any other fines, penalties, or other charges imposed by law.

C. Tax due and payable prior to the expiration of the authority to levy the tax imposed pursuant to this chapter shall continue to be owed and a debt to the City after the expiration of the City’s authority to levy the tax. All interest and penalties shall continue to apply to delinquent tax after the expiration of the authority to levy the tax. The City may continue to take all actions authorized by this chapter to collect delinquent tax and to hear and decide petitions for redetermination.

3.30.100 Declaration May Be Required.

A. The tax imposed by this chapter shall be paid to the Tax Administrator or County Recorder by the persons referred to in Section 3.30.060. The Tax Administrator shall have the authority, pursuant to this chapter and any promulgated rules and regulations, to require that the payment shall be accompanied by a declaration of the amount of tax due signed by the person paying the tax or by their duly authorized agent. If a declaration is required, it shall include a statement that the value of the consideration on which the tax due was computed includes all indebtedness secured by liens, deeds of trust, or other encumbrances remaining or placed on the property transferred at the time of transfer, and also includes all special assessments on the property which a purchaser or transferee agrees to pay or which remains a lien on the property at the time of transfer. The declaration shall identify the deed, instrument, or writing effecting the transfer for which the tax is being paid. The declaration may include a statement that all information provided in the declaration is offered under penalty of perjury. The Tax Administrator may require delivery of a copy of such deed, instrument, or writing whenever they deem such to be reasonably necessary to adequately identify such writing or to administer the provisions of this chapter. The Tax Administrator may but is not required to rely on the declaration as to the amount of the tax due.

B. Whenever the Tax Administrator has reason to believe that the full amount of tax due is not shown on the declaration or has not been paid, they may, by notice served upon any person liable for the tax, require them to furnish a true copy of their records relevant to the value of the consideration or fair market value of the property transferred. Such notice may be served at any time within three (3) years after delivery of the deed, instrument, or writing which transfers such property or the date that the transfer of real property is deemed to have been completed, except that the deadline to serve the notice shall be tolled until the City has actual knowledge of the transfer, at which time the tax on the unrecorded transfer shall relate back to the date on which the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed.

3.30.110 Determination of Deficiency; Petition for Redetermination.

A. If on the basis of such information as the Tax Administrator receives pursuant to Section 3.30.100, or on the basis of such other relevant information that comes into their possession, they determine that the amount of tax due as set forth in the declaration, or as paid, is insufficient, he or she may re-compute the tax due on the basis of such information.

B. If the declaration referenced in Section 3.30.100 is not submitted, the Tax Administrator may make an estimate of the value of the consideration for the property transferred and determine the amount of tax to be paid on the basis of any information in their possession or that may come into their possession.

C. More than one deficiency determination may be made of the amount due with respect to any single transfer of real property.

D. The Tax Administrator shall give written notice to a person liable for payment of the tax imposed pursuant this chapter of a deficiency determination made under this section. Such notice shall be given within three (3) years after the City has actual knowledge of the recordation of the deed, instrument, or writing effecting the transfer or the date on which the transfer of real property is deemed to have been completed.

E. Any notice required to be given by the Tax Administrator under this chapter may be served personally or by mail. If service is made by mail, it shall be made by depositing the notice in the United States mail, in a sealed envelope with postage paid, addressed to the person on whom it is to be served at the address as it appears in the records of the City or as ascertained by the Tax Administrator. The service is complete at the time of the deposit of the notice in the United States mail, without extension of time for any reason.

F. Any person against whom a deficiency determination is made under this chapter or any person directly interested may petition the Tax Administrator for a redetermination within sixty (60) days after service upon the person of notice thereof. If a petition for redetermination is not filed in writing with the Tax Administrator within the sixty (60) day period, the determination becomes final at the expiration of the period.

G. If a petition for redetermination is filed within the sixty (60) day period, the Tax Administrator shall reconsider the determination and, if the person has so requested in his or her petition, shall grant the person an oral hearing, and shall give them ten (10) days’ notice of the time and place of the hearing. The Tax Administrator may designate a hearing officer for the purpose of conducting hearings. A hearing on a tax deficiency redetermination may be continued from time to time as may be necessary.

H. As part of a redetermination hearing, the Tax Administrator may decrease or increase the amount of the tax owed before a redetermination decision becomes final, but the amount may be increased only if the Tax Administrator asserts a claim for the increase at or before the hearing.

I. The order or decision of the Tax Administrator upon a petition for redetermination becomes final thirty (30) days after service of notice thereof upon the petitioner or at the time of hearing of redetermination. There is no administrative appeal to the City Council of the Tax Administrator’s decision on a petition for redetermination. Writs challenging the Tax Administrator’s decision must be filed with the appropriate court within ninety (90) days of the final date of such redetermination. (California Code of Civil Procedure Section 1094.6.)

3.30.120 Tax a Debt. The amount of any tax, penalty, and interest imposed under the provisions of this chapter shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such amount, plus the City’s costs of bringing the action, including attorneys’ fees and litigation costs. The provisions of this section shall not be deemed a limitation upon the right of the City to bring any other action, whether criminal, legal, or equitable, based upon the failure to pay the tax, penalty, or interest imposed by this chapter or the failure to comply with any of the provisions hereof.

3.30.130 Refunds. Whenever the amount of any tax, penalty, or interest has been overpaid, or paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded as provided in this section. The person who paid the tax must file with the Tax Administrator a written claim stating under penalty of perjury the specific grounds on which the refund is claimed. A refund claim must be filed within one (1) year of the date of payment. The claim shall be submitted on forms furnished by the Tax Administrator. The Tax Administrator may make such refund if they are satisfied that the claimant is entitled to the refund under the provisions of this chapter. No refund shall be paid under the provisions of this section unless the claimant establishes his or her right thereto. Persons claiming they are aggrieved under this chapter must prior to seeking judicial relief (A) pay the amount of the disputed tax, penalty, or interest; and (B) present a claim for refund to the Tax Administrator.

3.30.140 Tax a Lien or Assessment against Transferred Real Property.

A. The amount of tax, penalty, and interest imposed under the provisions of this chapter is assessed against the real property upon the transfer of which the tax is imposed. If the tax, penalties, or interest are not paid when due, they may be recorded as a lien against or a special assessment on the real property transferred.

Any lien against the transferred real property shall continue until the amount thereof including all penalties and interest are paid, or until it is discharged of record. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount.

B. The Tax Administrator shall file with the City Manager a written notice of liens and special assessments that the Tax Administrator believes should be recorded to collect the tax, penalties, or interest owned pursuant to this chapter. Upon the receipt of such notice, the City Manager shall present the same to the City Council, and the City Council shall forthwith, by resolution, fix a time and place for a public hearing on such notice.

C. The Tax Administrator shall cause a copy of such resolution and notice to be served upon the persons responsible for the tax, penalties, or interest owed. Notice shall be provided not less than ten (10) days prior to the time fixed for the hearing. Service shall be made by mailing a copy of the resolution and notice to the transferor and transferee of real property at their last known addresses. Service shall be deemed complete at the time of deposit in the United States mail.

D. Following the hearing, if the City Council determines that tax, penalties, or interest are owed pursuant to this chapter, it may authorize the imposition of a lien against the transferred real property and may order that any delinquent taxes, penalties, or interest that remain unpaid by the transferor or transferee shall constitute a special assessment against the transferred real property. If the City Council orders the imposition of a special assessment against the transferred real property, the special assessment shall be collected at such time as is established by the County Assessor for inclusion in the next property tax assessment.

E. The Tax Administrator shall turn over to the County Assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent taxes, penalties, and interest at the rate of twelve percent (12%) per annum from the date of recordation to the date of lien.

F. Thereafter, the authorized special assessment may be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure of sale as provided for delinquent property taxes. The assessment lien previously imposed upon the property is paramount to all other liens except for those of State, county, and municipal taxes with which it shall be upon parity. The lien shall continue until the special assessment and all interest and charges due and payable thereon are paid. All taxes applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to said special assessments.

3.30.150 Annual audit. Each year, as part of audit of the city’s financial statements, the city’s independent auditors shall complete a report reviewing the collection, management, and expenditure of revenue from the tax levied by this chapter. The report shall be reviewed by the Finance Committee or successor agency designated by the City Council as part of its annual review of the City’s audited financial statements.

3.30.160 Amendments.

A. The following amendments to this ordinance must be approved by the voters of the City: increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax on persons not previously subject to the tax; or extending the tax.

B. The City Council may otherwise amend this chapter without submitting the amendment to the voters of the City for approval.

C. The City Council may establish rules that are necessary and desirable for implementation of this chapter.

3.30.170 Sunset of Tax. The authority to levy the tax authorized pursuant to this chapter shall terminate at midnight on the thirtieth anniversary of the date that the City is first authorized to levy the tax.
5089126.12
Attachment B
Draft City Charter
Preamble to the Belvedere Charter
We, the people of the City of Belvedere, in the State of California, ordain and establish this Charter as the organic law of the City under the Constitution of the State. The City was originally founded in 1896 as a general law city.

City of Belvedere Charter
ARTICLE I. NAME AND BOUNDARIES
Section 100. Name and Boundaries
The municipal corporation now existing and known as the City of Belvedere, hereafter referred to as “the City,” shall remain and continue to be a municipal corporation under its present name of “City of Belvedere.” The boundaries of the City shall be the boundaries as established at the time this Charter takes effect, or as such boundaries may be changed thereafter in the manner authorized by law.

ARTICLE II. POWERS OF CITY
Section 200. Exercise of Constitutional Power of Taxation The City may exercise all power conferred on general law cities under the California Constitution and the laws of the state of California. In addition, the City may exercise the power granted to charter cities by Article XI Section 5 of the California Constitution with respect to the powers over municipal affairs solely for establishing a system for the imposition, levy and collection of a tax on the conveyance of real property based on the sales price or the value or the consideration paid for the real property without any of the limitations of the general laws of the State of California, including without limitation Revenue and Taxation Code Section 11911.

Section 201. Subject to General Laws
Except as provided in this Charter with respect to the power of the City over municipal affairs in relation to municipal revenues including taxation, assessment, fees, and other charges, the power of the City shall otherwise be constrained by, subject to, and governed by the general laws of the State as now and hereafter existing relating to cities organized under said general laws.

ARTICLE III. SUCCESSION
Section 300. Rights and Liabilities
The City shall remain vested with and continue to own, have, possess, control, and enjoy all property, rights of property, and rights of action of every nature and description owned, possessed, controlled or enjoyed by it at the time this Charter takes effect . The City shall be subject to all the obligations, contracts, liabilities, debt, and duties of the City at the time this Charter takes effect.

Section 301. Ordinances, Codes, and Other Regulations
All ordinances, codes, resolutions, regulations, rules, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until repealed, amended, changed, or superseded in the manner provided by this Charter and any other applicable laws.

Attachment B
Draft City Charter
Section 302. Pending Actions and Proceedings
No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, or department thereof, shall be affected or abated by the adoption of this Charter, or by anything herein contained.

ARTICLE IV. SEVERABILITY
Section 400. Severability
If any provision of this Charter is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Charter shall remain in full force and effect.

Attachment C DRAFT
CITY OF BELVEDERE ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY OF BELVEDERE AMENDING BELVEDERE MUNICIPAL CODE TITLE 3 – REVENUE AND FINANCE, AUTHORIZING A TAX

ON THE TRANSFER OF REAL PROPERTY LOCATED IN BELVEDERE AND ADDING CHAPTER 3.30 – REAL PROPERTY TRANSFER TAX TO THE

BELVEDERE MUNICIPAL CODE
WHEREAS, the City of Belvedere was incorporated as a general law city in 1896; and WHEREAS, the power of home rule granted by the California Constitution makes available to charter cities tools to construct local policy and address local concerns; and WHEREAS, establishing Belvedere as a charter city would enable the City to implement a property transfer tax, if the tax is approved by voters; and WHEREAS, under the terms of the proposed Charter for the City Belvedere, the only additional power provided to the City is the authority to implement a transfer tax, if the tax is approved by voters; and
WHEREAS, the City Council held two noticed public hearings to receive comments from the public and to consider the proposed draft City of Belvedere Charter; and WHEREAS, the City Council held a public hearing on a proposed ordinance that would authorize a real property transfer tax; and
WHEREAS, at the conclusion of the hearing process, after considering all testimony, evidence, and comments from the public, the City Council wishes to place a measure on the ballot that would approve the City of Belvedere Charter and an ordinance that would authorize a real property transfer tax; and
WHEREAS, the measure provides a protected and reliable source of general fund revenue that could enable the City to support public safety and related infrastructure, and WHEREAS, the measure would end in thirty years, or could be ended sooner by voters; and WHEREAS, the measure requires oversight by the City’s Finance Committee and annual audits; and
WHEREAS, the tax to be submitted to the voters, if approved, would authorize a tax on the sale of property. Payment of the tax could be negotiated between the buyer and seller. The tax would not be an annual tax on property, only a tax on the sale of property. The tax rate would be eight dollars ($8.00) per each one thousand dollars ($1,000), or fraction thereof, of the consideration paid for real property. The tax would be owed at the time of sale of real property.

Attachment C DRAFT
Both the City of Belvedere Charter and the tax would be approved if the measure receives at least a simple majority vote of affirmative votes; and
WHEREAS, approval of this ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000 et seq. (“CEQA”) and 14 Cal.

Code Reg. §§ 15000 et seq. (“CEQA Guidelines”)). The tax authorized by this ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible time prior to approval of the project, consistent with CEQA Guidelines Sections 15004 and 15352. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.

NOW, THEREFORE, the City Council of the City of Belvedere does hereby ordain as follows:

SECTION 1. AMENDMENT. A new Chapter 3.30 “Real Property Transfer Tax” is hereby added to the Belvedere Municipal Code (BMC) to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this ordinance are declared to be severable.

SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect 10 days after the City Council declares the results of the vote at the November 8, 2022 election. The tax authorized by the ordinance shall become operative upon the effective date of the Charter of the City of Belvedere. Within 15 days following its passage, a summary of the Ordinance shall be published with the names of those City Council members voting for and against the Ordinance, and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of the adopted Ordinance.

The foregoing ordinance was approved by the following vote of the People of the City of Belvedere at an election held on November 8, 2022:

YESES:

NOES:

Attachment C DRAFT

The foregoing ordinance was adopted by the Declaration of the vote at the November 8, 2022 election, which the City Council of the City of Belvedere declared on December XX, 2022 by the following vote:

AYES:

NOES:

ABSENT:

RECUSED:

APPROVED:

Sally Wilkinson, Mayor
ATTEST:

Beth Haener, City Clerk

Attachment C DRAFT

EXHIBIT A
Chapter 3.30 “Real Property Transfer Tax” is hereby added to the Belvedere Municipal Code to read in its entirety as follows:

3.30.010 Title. This chapter may be cited as the “Real Property Transfer Tax Ordinance of the City of Belvedere.”

3.30.020 Purpose and Authority.

A. The tax imposed by this chapter is solely for the purpose of raising revenues for the general governmental purposes of the City. All of the proceeds from the tax imposed by this chapter shall be placed in the City’s general fund. This chapter is not enacted for regulatory purposes.

B. This ordinance is adopted pursuant to the City’s authority under Article XI, section 5 of the Constitution of the State of California and Section ___ of the Belvedere City Charter.

3.30.030 Definitions. For purposes of this Chapter , the following definitions apply:

A. “Change in control and ownership of legal entity” means any direct or indirect acquisition or transfer of ownership interest or control in a legal entity that constitutes a change in ownership or transfer of the real property of the legal entity under California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

B. “Change in ownership” shall have the same meaning as in California Revenue and Taxation Code section 60, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

C. “City” means the City of Belvedere.

D. “County Assessor” means the Assessor-Recorder-Clerk of the County of Marin or any department of the government of the County of Marin that succeeds to the assessor functions.

E. “County Recorder” means the Assessor-Clerk-Recorder of the County of Marin or any department of the government of the County of Marin that succeeds to the recorder functions.

F. “Person” and “persons” mean any natural person, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, limited liability company, municipal corporation, political subdivision of the State of California, domestic or foreign corporation, association, syndicate, society, or any group of Attachment C DRAFT
individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, and the United States or any instrumentality thereof. “Person” and “persons” also mean any natural person, who as an individual or with a spouse, owns 51 percent or more of the capital stock of a corporation obligated to file a declaration and pay tax pursuant to this chapter; and in addition, is a person with the power to control the fiscal decision-making process by which the corporation allocates funds to creditors in preference to its tax obligations under the provisions of this chapter. A person who is also an officer or director of a corporation obligated to file declarations and pay tax pursuant to this chapter shall be presumed to be a person with the power to control the fiscal decision-making process. Whenever the term “person” is used in any clause prescribing and imposing a penalty, the term as applied to an association shall mean the owners or part owners thereof, and as applied to corporation, the officers thereof.

G. “Real property” and “realty” mean real property as defined by and under the laws of the state of California.

H. “Tax” means the tax authorized and imposed by this chapter.

I. “Tax Administrator” means the Finance Director or other City official designated by the City Manager to administer the tax. Some or all of the functions of the Tax Administrator may be delegated to the County Recorder. References to the Tax Administrator include the County Recorder or other department of the County of Marin when a power or duty referred to has been delegated to the County Recorder or other department of the County of Marin.

J. 1. “Transfer of real property” means a sale, grant, assignment, transfer, or other conveyance of any lands, tenements, or other real property by deed, instrument, or other writing from a transferor to a transferee, or to a third person at or by the direction of transferee.

2. “Transfer of real property” includes the purchase or transfer of ownership interests in legal entities, such as corporate stock or partnership or limited liability company interests, if a purchase or transfer of ownership interest in a legal entity would constitute a transfer of real property (held directly or indirectly by the legal entity purchased or transferred) under California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration. This subsection is applicable to the purchase or transfer of ownership interests in a partnership without regard to whether it is a continuing or a dissolved partnership or whether the real property is or was held directly or indirectly by the partnership or any member of the partnership. To the extent necessary to further the purposes of this chapter, the documents effectuating the purchase or transfer of ownership interest in a legal entity shall be deemed to have been an instrument executed whereby there was conveyed, for fair market Attachment C DRAFT
value, all real property that experienced a change of ownership under California Revenue and Taxation Code Section 64.

K. “Transferee” means a person to whom a transfer of real property is made. For the purposes of a transfer of real property as defined in subsection (J)(2), above, “transferee” shall be interpreted consistent with California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

L. “Transferor” means a person who makes a transfer of real property. For the purposes of a transfer of real property as defined in subsection (J)(2), above, “transferor” shall be interpreted consistent with California Revenue and Taxation Code section 64, as such statute reads and is interpreted by the California State Board of Equalization or California Department of Tax and Fee Administration.

M. 1. “Value of consideration” means the total consideration, valued in money of the United States, paid or delivered, or contracted to be paid or delivered in return for the transfer of real property, including the amount of any indebtedness existing immediately prior to the transfer which is secured by a lien, deed of trust, or other encumbrance on the property conveyed and which continues to be secured by such lien, deed of trust, or encumbrances after such transfer, and also including the amount of any indebtedness which is secured by a lien, deed of trust, or encumbrance given or placed upon the property in connection with the transfer to secure the payment of the purchase price or any part thereof which remains unpaid at the time of transfer.

2. “Value of the consideration” also includes the amount of any special assessment levied or imposed upon the property by a public body, district or agency, where such special assessment is a lien or encumbrance on the property and the purchaser or transferee agrees to pay such special assessment or takes the property subject to the lien of such special assessment. The value of any lien or encumbrance of a type other than those which are hereinabove specifically included, existing immediately prior to the transfer and remaining after such transfer, shall not be included in determining the value of the consideration.

3. For the purposes of a transfer of real property as defined in subsection (J)(2), above, “value of the consideration” means the fair market value of the property transferred, as determined by the Tax Administrator or County.

4. If the “value of the consideration” cannot be definitely determined, or is left open to be fixed by future contingencies, “value of the consideration” shall be deemed to mean the fair market value of the property at the time of transfer, after deducting the amount of any lien or encumbrance, if any, Attachment C DRAFT
of a type which would be excluded in determining the “value of the consideration” pursuant to the above provisions of this section.

5. In the event that the asserted “value of consideration” for a transfer of real property is less than the fair market value, the Tax Administrator may assume that the “value of consideration” is the fair market value of the property but shall consider evidence submitted by the persons responsible for the paying the tax that the lower amount represents the price agreed upon as part of a valid arms-length transaction.

3.30.040 Tax Imposed. A tax is hereby imposed on each transfer of real property located in the City of Belvedere, when the value of the consideration exceeds one hundred dollars ($100.00)

3.30.050 Tax Rate. The rate of the tax imposed pursuant this chapter shall be eight dollars ($8.00) for each one thousand dollars ($1,000.00) of the value of consideration paid for a transfer of real property, or fractional part of each one thousand dollars ($1,000.00) of the value of consideration.

3.30.060 Persons Liable for Tax.

A. Any person who makes a transfer of real property subject to the tax imposed by this chapter and any person to whom such a transfer is made shall be jointly and severally liable for payment of the tax. The transferor and transferee may apportion the tax between themselves.

B. Without in any way limiting the effect of subsection (A), above, and for informational purposes only, the City notes that it is the custom in Belvedere that the transferor and transferee each pay one half of the tax.

3.30.070 Exceptions and Exemptions.

A. Government Entities. The United States or any political subdivision thereof, the State of California, any city, county, city and county, district or any other political subdivision of the State of California shall be exempt from the tax imposed pursuant to this chapter. If the transferee or transferor is not a government entity, then the party to the transfer that is not a government entity shall be liable for the tax imposed pursuant to this chapter.

B. Writings That Secure a Debt. Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

C. Transfers of Real Property to Effectuate a Plan of Reorganization. Any tax imposed pursuant to this chapter shall not apply to the making, delivery, or filing of conveyances to make effective any plan of reorganization or adjustment:

1. Confirmed under the Federal Bankruptcy Act, as amended; Attachment C DRAFT

2. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 of Title 11 of the United States Code, as amended;

3. Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 of Title 11 of the United States Code, as amended; or

4. Whereby a mere change in identity, form, or place of organization is effected.

Subsections (1) to (4), above, shall only apply if the making, delivery, or filing of instruments of transfer or conveyance occurs within five (5) years from the date of such confirmation, approval, or change.

D. Orders of the Securities and Exchange Commission. Any tax imposed pursuant to this article shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:

1. The order of the Securities and Exchange Commission in obedience to which such conveyance is made is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;

2. Such order specifies the property which is ordered to be conveyed; and

3. Such conveyance is made in obedience to such order issued prior to February 8, 2006.

E. Transfer of Certain Partnership Property.

1. In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no tax shall be imposed pursuant to this chapter by reason of any transfer of an interest in the partnership or other entity or otherwise, if all of the following apply:
a. The transfer of an interest in the partnership or other entity does not constitute a transfer of real property as defined in section

3.30.030(J)(2).
b. The partnership or other entity treated as a partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986, as amended.
c. The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

Attachment C DRAFT

2. If there is a termination of any partnership or other entity treated as a partnership for federal income tax purposes, within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this chapter, the partnership or other entity shall be treated as having transferred all realty held by the partnership or other entity under section 3.30.030(J)(2).

The date of the transfer of the real property held by the partnership or other entity shall be the same as the date of the termination.

3. Not more than one (1) tax shall be imposed pursuant to this chapter by reason of a termination described in subsection (2) of this section, and any transfer pursuant thereto, with respect to the realty held by a partnership or other entity treated as a partnership at the time of the termination.

F. Transfers That Result Only in a Change in the Method of Holding Title to Real Property. No tax shall be imposed pursuant to this chapter by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer.

G. Deed in Lieu of Foreclosure. Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure.

Consideration, unpaid debt amount, and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument, or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

H. Transfers between Spouses and Domestic Partners.

1. Any transfer made during the term of a marriage or domestic partnership between spouses or domestic partners shall be exempt from the tax imposed pursuant to this chapter.

2. Any transfer of property from one spouse or domestic partner to the other in accordance with the terms of a decree of dissolution or legal separation or in fulfillment of a property settlement incident thereto shall be exempt from the tax imposed pursuant to this chapter. This exemption shall apply only to property that was acquired by the spouses or domestic partners prior to the final decree of dissolution. This exemption shall not apply to a transfer of property to a third party, despite the existence of a valid court order or settlement agreement.
a. For domestic partners, the two parties to the transfer must have on file a valid domestic partnership registration (a) under existing law Attachment C DRAFT
and procedures for the state of California domestic partnership registry, or (b) with a governmental agency of a jurisdiction that recognizes domestic partnership registration.
b. If domestic partners do not own, as joint tenants, the property that is the subject of their dissolution agreement, they must demonstrate that they were living together at the location of the real property in question either at least six months prior to the dissolution of the domestic partners relationship or the entire period of ownership of the transferring partner, whichever is more.
c. To qualify for this exemption, domestic partners must provide that portion of their dissolution and property settlement agreement pertaining to the division or transfer of property, which shall be filed with the Office of the City Clerk or County Recorder. The copy of the settlement agreement shall be accompanied by an affidavit with verifiable signatures or proof of identity, that the copy is an accurate and authentic reproduction of the final settlement agreement between the parties.

I. Transfers That Confirm or Correct a Recorded Deed. A transfer of real property without consideration that confirms or corrects a deed shall be exempt from the tax imposed pursuant to this chapter. The correcting or confirming transfer must be recorded no later than ninety (90) days after the recordation of the transfer requiring correction or confirmation.

J. Transfers Pursuant to Gifts and Bequests.

1. The tax imposed pursuant to this chapter shall not apply to a transfer of real property from a natural person if the transfer is a gift for which the transferee pays or delivers no consideration to the transferor. If real property is transferred to multiple transferees as a gift, and one transferee subsequently pays or delivers consideration to the other transferees to obtain sole ownership of the real property, the tax shall apply to the transfer referred to in this sentence.

2. The tax imposed pursuant to this chapter shall not apply to a transfer if the real property is specifically devised by a natural person to the transferee as part of a will or similar document, as long as the transferee pays or delivers no consideration to the transferor for the real property. If real property is devised to multiple transferees as part of a will or similar document, and one transferee subsequently pays or delivers consideration to the other transferees to obtain sole ownership of the real property, the tax shall apply to the transfer referred to in this sentence.

Attachment C DRAFT

3. The exception provided in this subsection shall not apply if a transfer of real property is determined to be a transfer of real property as defined in section 3.30.030(J)(2).

3.30.080. Administration of Tax. The Tax Administrator shall collect or cause to be collected the tax imposed pursuant to this chapter and shall otherwise administer this chapter.

The Tax Administrator may make such rules and regulations, not inconsistent with this chapter, as they may deem reasonably necessary or desirable to administer this chapter, as well as necessary forms and receipts.

3.30.090 Due Dates, Delinquencies, Penalties, Interest, Administrative Charges, and Lien Release Recordation Fees; Penalty for Fraud.

A. The tax imposed pursuant to this chapter is due and payable at the time the deed, instrument, or writing effecting a transfer of real property subject to the tax is delivered or the transfer of real property is deemed to have been completed. The tax imposed pursuant to this chapter is delinquent if unpaid ninety (90) days later.

If a transfer of real property is effected but not recorded with the County Recorder within ninety (90) days of the date on which the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed, all statutes of limitations regarding liability for the tax imposed pursuant to this chapter shall be tolled until the City has actual knowledge of the transfer, at which time the tax on the unrecorded transfer shall relate back to the date on which the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed. Penalties and interest shall be deemed to have begun accruing on the date the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed, and shall be the joint and several liability of the persons referred to in Section 3.30.060. In the event that the tax is not paid prior to becoming delinquent, a delinquency penalty of twenty-five percent (25%) of the amount of the tax due shall accrue. In the event only a portion of the tax is unpaid prior to becoming delinquent, the penalty shall only accrue as to the unpaid portion. An additional penalty of fifteen percent (15%) of the amount of tax due shall accrue if the tax remains unpaid on the ninetieth day following the date of the original delinquency. Interest shall accrue at the rate of one percent (1%) per month or fraction thereof, on the amount of the tax, inclusive of penalties, from the date the tax becomes delinquent to the date of payment. Interest and penalties shall become part of the tax. An administrative charge and a release of lien filing fee equal to the amount charged by the County Recorder shall be added to the amount owed for each property approved for a tax lien by the City Council.

B. If the Tax Administrator determines that the failure of any person to timely pay any tax imposed by this chapter was attributable to fraud or an intent to evade this chapter, then the Tax Administrator shall impose a penalty in the amount of fifty percent (50%) of the amount of the unpaid tax. The penalty imposed by this subsection (B) shall be in addition to the penalty imposed under subsection (A) and any other fines, penalties, or other charges imposed by law.

Attachment C DRAFT
C. Tax due and payable prior to the expiration of the authority to levy the tax imposed pursuant to this chapter shall continue to be owed and a debt to the City after the expiration of the City’s authority to levy the tax. All interest and penalties shall continue to apply to delinquent tax after the expiration of the authority to levy the tax. The City may continue to take all actions authorized by this chapter to collect delinquent tax and to hear and decide petitions for redetermination.

3.30.100 Declaration May Be Required.

A. The tax imposed by this chapter shall be paid to the Tax Administrator or County Recorder by the persons referred to in Section 3.30.060. The Tax Administrator shall have the authority, pursuant to this chapter and any promulgated rules and regulations, to require that the payment shall be accompanied by a declaration of the amount of tax due signed by the person paying the tax or by their duly authorized agent. If a declaration is required, it shall include a statement that the value of the consideration on which the tax due was computed includes all indebtedness secured by liens, deeds of trust, or other encumbrances remaining or placed on the property transferred at the time of transfer, and also includes all special assessments on the property which a purchaser or transferee agrees to pay or which remains a lien on the property at the time of transfer. The declaration shall identify the deed, instrument, or writing effecting the transfer for which the tax is being paid. The declaration may include a statement that all information provided in the declaration is offered under penalty of perjury. The Tax Administrator may require delivery of a copy of such deed, instrument, or writing whenever they deem such to be reasonably necessary to adequately identify such writing or to administer the provisions of this chapter. The Tax Administrator may but is not required to rely on the declaration as to the amount of the tax due.

B. Whenever the Tax Administrator has reason to believe that the full amount of tax due is not shown on the declaration or has not been paid, they may, by notice served upon any person liable for the tax, require them to furnish a true copy of their records relevant to the value of the consideration or fair market value of the property transferred. Such notice may be served at any time within three (3) years after delivery of the deed, instrument, or writing which transfers such property or the date that the transfer of real property is deemed to have been completed, except that the deadline to serve the notice shall be tolled until the City has actual knowledge of the transfer, at which time the tax on the unrecorded transfer shall relate back to the date on which the deed, instrument, or writing was delivered or the transfer of real property is deemed to have been completed.

3.30.110 Determination of Deficiency; Petition for Redetermination.

A. If on the basis of such information as the Tax Administrator receives pursuant to Section 3.30.100, or on the basis of such other relevant information that comes into their possession, they determine that the amount of tax due as set forth in the Attachment C DRAFT
declaration, or as paid, is insufficient, he or she may re-compute the tax due on the basis of such information.

B. If the declaration referenced in Section 3.30.100 is not submitted, the Tax Administrator may make an estimate of the value of the consideration for the property transferred and determine the amount of tax to be paid on the basis of any information in their possession or that may come into their possession.

C. More than one deficiency determination may be made of the amount due with respect to any single transfer of real property.

D. The Tax Administrator shall give written notice to a person liable for payment of the tax imposed pursuant this chapter of a deficiency determination made under this section. Such notice shall be given within three (3) years after the City has actual knowledge of the recordation of the deed, instrument, or writing effecting the transfer or the date on which the transfer of real property is deemed to have been completed.

E. Any notice required to be given by the Tax Administrator under this chapter may be served personally or by mail. If service is made by mail, it shall be made by depositing the notice in the United States mail, in a sealed envelope with postage paid, addressed to the person on whom it is to be served at the address as it appears in the records of the City or as ascertained by the Tax Administrator. The service is complete at the time of the deposit of the notice in the United States mail, without extension of time for any reason.

F. Any person against whom a deficiency determination is made under this chapter or any person directly interested may petition the Tax Administrator for a redetermination within sixty (60) days after service upon the person of notice thereof. If a petition for redetermination is not filed in writing with the Tax Administrator within the sixty (60) day period, the determination becomes final at the expiration of the period.

G. If a petition for redetermination is filed within the sixty (60) day period, the Tax Administrator shall reconsider the determination and, if the person has so requested in his or her petition, shall grant the person an oral hearing, and shall give them ten (10) days’ notice of the time and place of the hearing. The Tax Administrator may designate a hearing officer for the purpose of conducting hearings. A hearing on a tax deficiency redetermination may be continued from time to time as may be necessary.

H. As part of a redetermination hearing, the Tax Administrator may decrease or increase the amount of the tax owed before a redetermination decision becomes final, but the amount may be increased only if the Tax Administrator asserts a claim for the increase at or before the hearing.

I. The order or decision of the Tax Administrator upon a petition for redetermination becomes final thirty (30) days after service of notice thereof upon Attachment C DRAFT
the petitioner or at the time of hearing of redetermination. There is no administrative appeal to the City Council of the Tax Administrator’s decision on a petition for redetermination. Writs challenging the Tax Administrator’s decision must be filed with the appropriate court within ninety (90) days of the final date of such redetermination. (California Code of Civil Procedure Section 1094.6.)

3.30.120 Tax a Debt. The amount of any tax, penalty, and interest imposed under the provisions of this chapter shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such amount, plus the City’s costs of bringing the action, including attorneys’ fees and litigation costs. The provisions of this section shall not be deemed a limitation upon the right of the City to bring any other action, whether criminal, legal, or equitable, based upon the failure to pay the tax, penalty, or interest imposed by this chapter or the failure to comply with any of the provisions hereof.

3.30.130 Refunds. Whenever the amount of any tax, penalty, or interest has been overpaid, or paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded as provided in this section. The person who paid the tax must file with the Tax Administrator a written claim stating under penalty of perjury the specific grounds on which the refund is claimed. A refund claim must be filed within one (1) year of the date of payment. The claim shall be submitted on forms furnished by the Tax Administrator. The Tax Administrator may make such refund if they are satisfied that the claimant is entitled to the refund under the provisions of this chapter. No refund shall be paid under the provisions of this section unless the claimant establishes his or her right thereto. Persons claiming they are aggrieved under this chapter must prior to seeking judicial relief (A) pay the amount of the disputed tax, penalty, or interest; and (B) present a claim for refund to the Tax Administrator.

3.30.140 Tax a Lien or Assessment against Transferred Real Property.

A. The amount of tax, penalty, and interest imposed under the provisions of this chapter is assessed against the real property upon the transfer of which the tax is imposed. If the tax, penalties, or interest are not paid when due, they may be recorded as a lien against or a special assessment on the real property transferred.

Any lien against the transferred real property shall continue until the amount thereof including all penalties and interest are paid, or until it is discharged of record. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount.

B. The Tax Administrator shall file with the City Manager a written notice of liens and special assessments that the Tax Administrator believes should be recorded to collect the tax, penalties, or interest owned pursuant to this chapter. Upon the receipt of such notice, the City Manager shall present the same to the City Council, and the City Council shall forthwith, by resolution, fix a time and place for a public hearing on such notice.

Attachment C DRAFT
C. The Tax Administrator shall cause a copy of such resolution and notice to be served upon the persons responsible for the tax, penalties, or interest owed. Notice shall be provided not less than ten (10) days prior to the time fixed for the hearing. Service shall be made by mailing a copy of the resolution and notice to the transferor and transferee of real property at their last known addresses. Service shall be deemed complete at the time of deposit in the United States mail.

D. Following the hearing, if the City Council determines that tax, penalties, or interest are owed pursuant to this chapter, it may authorize the imposition of a lien against the transferred real property and may order that any delinquent taxes, penalties, or interest that remain unpaid by the transferor or transferee shall constitute a special assessment against the transferred real property. If the City Council orders the imposition of a special assessment against the transferred real property, the special assessment shall be collected at such time as is established by the County Assessor for inclusion in the next property tax assessment.

E. The Tax Administrator shall turn over to the County Assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent taxes, penalties, and interest at the rate of twelve percent (12%) per annum from the date of recordation to the date of lien.

F. Thereafter, the authorized special assessment may be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure of sale as provided for delinquent property taxes. The assessment lien previously imposed upon the property is paramount to all other liens except for those of State, county, and municipal taxes with which it shall be upon parity. The lien shall continue until the special assessment and all interest and charges due and payable thereon are paid. All taxes applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to said special assessments.

3.30.150 Annual audit. Each year, as part of audit of the city’s financial statements, the city’s independent auditors shall complete a report reviewing the collection, management, and expenditure of revenue from the tax levied by this chapter. The report shall be reviewed by the Finance Committee or successor agency designated by the City Council as part of its annual review of the City’s audited financial statements.

3.30.160 Amendments.

A. The following amendments to this ordinance must be approved by the voters of the City: increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax on persons not previously subject to the tax; or extending the tax.

B. The City Council may otherwise amend this chapter without submitting the amendment to the voters of the City for approval.

Attachment C DRAFT
C. The City Council may establish rules that are necessary and desirable for implementation of this chapter.
3,30.170 Sunset of Tax. The authority to levy the tax authorized pursuant to this chapter shall terminate at midnight on the thirtieth anniversary of the date that the City is first authorized to levy the tax.
5089126.12

MARIN COUNTY REGISTRAR OF VOTERS

MUNICIPAL TIMETABLE FOR CANDIDATE & MEASURE ELECTIONS
NOVEMBER 8, 2022
Days Before
Election
July 4 thru
July 18
(E-127 thru E-113)
Publish or post Notice of Election once: Include date of election, offices to be filled, and the hours when the polls will be open. (EC 12101, EC 12102; GC 6061) Notice of Election and the Notice of Measure shall be consolidated onto one notice if the measure is placed on the ballot before publishing the Notice of Election pursuant to EC Section 12101. (EC 12111b)
In the case of a municipal election on any measure, the city elections official shall publish a Notice of Measure To Be Voted On at least one time no later than 7 days before the election in a newspaper of general circulation in the city. (EC 12111a) (Measure Questions on Ballot are limited to 75 words or less) July 6
(E-125)
Jurisdictional boundary changes occurring less than 125 days before the election will not be effective for purposes of that election. (EC 12262 and 10522) July 18 thru
August 12
(E-113 thru E-88)
Nomination papers to be obtained and filed during this period. Optional Candidate Statements must remain confidential until expiration of filing period. (EC 10220, 13307, 13311, 17100c)
August 12
(E-88)
Last day to file with County Board of Supervisors (with copy to Registrar of Voters) a Council resolution requesting consolidation of municipal election with other local elections to be held on same date. Resolution must include exact form of measure(s) or office(s) to be voted upon, as they are to appear on the ballot. This resolution must be adopted and filed at the same time as the ordinance or resolution calling the election. (EC 10400, 10402, 10403 a2)
Last Day to file nomination papers with the City Clerk’s office. A candidate shall not file nomination papers for more than one municipal office or term of office for the same municipality in the same election. (EC 10220.5)
Last day for a candidate to withdraw his/her filed nomination papers. (EC 10510) August 13 thru
August 22
(E-87 thru E-78)
10-day public inspection period to view all materials submitted for printing related to measures, as well as candidate statements. (EC 9295, EC 13313, EC 13314) Attachment D
Days Before
Election
August 13 thru
August 17
(E-87 thru E-83)
Time extension for non-incumbents to file nominations papers if an incumbent officer of the city is not filed by the 88th day before the election. Not applicable where there is no incumbent eligible to be elected. A candidate filing under this section has until E-83 to withdraw papers that have been filed. (EC 10225)
Last day to amend or withdraw a measure from the ballot, upon the filing of a resolution with the City Clerk’s office by the close of business. (EC 9605) Close of
nomination
periods thru
August 25
(E-75)
If no one files or there are an insufficient number of candidates, the governing body of the city may appoint the nominated candidate or appoint any eligible elector if no one has been nominated or hold the election if by E-75 no one has been appointed.

The City Clerk must publish a notice of these facts in a newspaper of general circulation.

The decision to cancel the election, appoint, or hold the election must be sent to the Elections Department no later than E-74.

See Election Code §10229 for important details and procedures.

August 18
(E-82)
Random alphabet drawing by Secretary of State to decide the order of candidate names on the ballot. (EC 13112)
August 22
(E-78)
Suggested deadline for submission of primary arguments (300-word limit) to City Clerk and for receipt of City Attorney’s analysis (500-word limit). (EC 9282) August 23 thru
September 1
(E-77 thru E-68)
The public has 10 days to inspect primary arguments submitted for printing. (EC 9295 & 13314)
August 29
(E-71)
Suggested deadline for submission of rebuttal arguments with the City Clerk (250-word limit). (EC 9285)
August 30 thru
September 8
(E-70 thru E-61)
The public has 10 days to inspect rebuttal arguments submitted for printing. (EC 9295 & 13314)
Days Before
Election
September 12
thru October 25
(E-57 thru E-14)
If an election is held, write-in candidates may obtain and file nomination papers at the office of the City Clerk. (EC 8600 thru EC 8605)
September 29
(E-40)
Sample Ballots: The Elections Department begins mailing Voter Information Pamphlets to voters registered by E-29. (EC 13303)
October 10
(E-29)
Vote by Mail ballots: The Elections Department begins issuing Vote by Mail ballots in person or by mail to voters. (EC 3001)
October 24
(E-15)
This is the last day to register to vote for this election. If voters miss the registration deadline for this election, they can come into the Election Office to register and vote on the same day beginning October 20. (EC 2119; 2170 thru 2171) November 1
(E-7)
Last day for City Clerk to publish once the Nominees for Public Office listing the names of the nominees and the respective offices for which they have been nominated. (EC 12110)
November 8,
2022
ELECTION DAY – Polls open 7 a.m. until 8 p.m. (EC 10242, 14212) November 10
thru
December 8
(E+2 thru E+30)
Official canvass period begins. After completion the Elections Department prepares and sends the certified statement of results to the cities. (EC 10411 & EC 15372) December 6
et seq.
(E+28 et seq.)
City Clerks certifies results to the City Council (EC 10262b) City Council meets no later than the next regularly scheduled meeting following presentation of the canvass of results, or at a special meeting called for this purpose, to declare the results and install the newly elected officers. (EC 10263b) City Clerk enters results in council minutes and prepares and delivers Certificate(s) of Election to the elected candidates. (EC 10264 & 10265)
+5 days after
official canvass is
completed
Deadline for voters to file request for recount. (EC 10266 & 15620) AGENDA ITEM NO. : 10

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022
To: Mayor and City Council
From: Irene Borba, Director of Planning and Building
Reviewed By: Craig Middleton, City Manager
Amy Ackerman, City Attorney
Subject: Introduction & first reading of an ordinance of the City Council of the City of Belvedere for proposed amendments of the Belvedere Municipal Code related to Objective Design & Development Standards – adding a new Title, Title 22: Objective Design & Development Standards, to the City of Belvedere Municipal Code RECOMMENDATION.

1. That the City Council conduct the public hearing.

2. Motion to approve the first reading of the Ordinance and waive future readings of the Ordinance in its entirety.

SUMMARY&BACKGROUND.

The state of California awarded the City of Belvedere a $160,000 grant in 2019 under Senate Bill 2, the “Building Homes and Jobs Act,” to work with other Marin County jurisdictions on several projects, including the development of Objective Design and Development Standards (ODDS) for multi-family projects. The City of Belvedere collaborated with Marin County and nine other Marin County cities on the development of a “toolkit” for creating Objective Design and Development Standards for individual jurisdictions’ multi-family and mixed-use development projects. This effort is intended to result in new design standards that provide clear parameters for multi-family and mixed-use housing projects in Belvedere.

Recent State laws restrict the City of Belvedere’s (City) power to apply discretionary design standards to multi-family housing projects. The immediate purpose of developing the ODDS Toolkit is to ensure that the City has adequate objective development standards within its Municipal Code to apply to housing projects that utilize State legislation to bypass and/or limit the City’s discretionary review processes. The ODDS Toolkit does not change any of the City’s existing housing densities or use regulations for private property, but rather adds new objective design standards for those housing projects governed by State legislation that prohibits the use of discretionary standards. The ODDS design standards set objective standards for matters such as a housing development’s location on a lot, the location and amount of required vehicular and bicycle parking, and the project’s overall massing, including required setbacks.

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

The toolkit furthers the City’s stated housing policies and goals related to the development of multi-family design standards and may also provide benefits in the future as a reference in discussions during the Housing Element adoption process.

Planning Commission - November 16, 2021
At a regular meeting of the Planning Commission on November 16, 2021, staff brought forth a revised draft of the ODDS document for consideration by the Planning Commission.

Additional background information pertaining to prior discussions of the Planning Commission and/or the subcommittee are outlined in the November 16, 2021, Planning Commission staff report. The minutes of the November 16, 2021, Planning Commission can be found here.

At the meeting, Commissioners discussed various sections of the ODDS document for clarification and for potential revisions or amendments. The item was continued for additional discussion by the subcommittee.

ODDS Subcommittee – December 14, 2021
At the December 14, 2021, ODDS subcommittee meeting, further discussion occurred addressing the concerns and questions that were raised at the November 16th Planning Commission meeting.

Suggested changes to the ODDS document to address comments/concerns were recommended by the subcommittee. The subcommittee also recommended that staff move forward with an Urgency Ordinance to be adopted by the City Council.

The subcommittee also had a discussion regarding SB 9 (two lot subdivisions and two-unit developments).

The subcommittee met again on January 19, 2022, to make further refinements to the ODDS document.

City Council – January 27, 2022 (Special Meeting)
At a special meeting of the City Council on January 27, 2022, the Council adopted an Urgency Ordinance for the ODDS document. The staff report can be found here and the minutes of the meeting can be found here.

The Council discussed various sections of the ODDS document and asked for clarification.

Additionally, Council discussed the architectural style restrictions and the height limitations. The Council adopted an Urgency Ordinance. The Council extended the urgency ordinance on February 24, 2022. The Urgency Ordinance is valid for one year.

ODDS Subcommittee – February 17 & April 11, 2022
Additional discussions took place in the ODDS subcommittee on February 17 & April 11, 2022, and additional refinements and changes to the document were recommended.

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

Modifications to ODDS Document Since the November 16, 2021, Planning Commission Meeting The following modifications have been made to the ODDS document:
• We modified Neighborhood Townhouse in the T3SN zone, by limiting this building type to two side-by-side units.
• We discussed the heights of buildings in all ODDS zones as they relate to FEMA regulations and our broader municipal code. We determined, while slightly different, ODDS is consistent with our height regulations currently in our municipal code. We made no changes.
• We added a Tudor Architectural Style. We discussed adding a Mid-Century style but reasoned that this was more of a restorative style and Opticos would have had to re-create this style, so we opted not to add it. The new Tudor style is in section 22.08.100 (p. 183) • We corrected a few misplaced pictures in the Architectural Style section. • We eliminated confusing and conflicting imagery in all Architectural Styles relating to Porches and Decks. Since roof decks are prohibited in all styles, we did not want representations of decks that appear to be on roofs in the document. • In a few places throughout the document, we clarified the distinction between Exiting Grade and Finished Grade.
• In the Administrative section, we eliminated Adjustment to Standards (22.10.030). These variance-type procedures allowed for deviations from certain standards. We felt they were too absolute and would likely undermine the purpose of these objective standards.

We also discussed this with City Council and determined to eliminate. • We slightly edited a few Definitions (Chapter 11), including Affordable Housing Development and Grade, clarifying Existing and Finished.

Planning Commission meeting – May 17, 2022
At the regular meeting of the Planning Commission on May 17, 2022, staff brought forth a revised/updated version of the ODDS document. The link to Planning Commission staff report can be found here.

At the meeting, Commissioners discussed various sections of the ODDS document for clarification and for potential revisions or amendments. The Planning Commission recommended that the City Council adopt the ODDS document with several recommended modifications to the document, which include the following:

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

Zone Map - P. 4/5 Zones slightly modified to more accurately follow property lines. Property lines around Teal Road, and Cove Road Pl. p. 11 - Added the option to provide for a Stoop to the T3SN zone p. 12 - Added “min” (minimum) to base flood elevation +1 p. 12 – Added Accessory Structure height limit (16’); same for all zones p. 13 – Corrected & clarified the footnote relating to setbacks adjacent to Lagoon for side and back, same for all zones
p. 13 – Edited the upper story encroachment language so that the language reads more clearly and made the same change for properties in each of the zoning districts.
p. 14 – Changed the requirement for a minimum of 1.5 parking spaces to 2, in all zones
p. 14 – Added a footnote addressing rear parking adjacent to lagoon, in all zones p. 14 – Corrected the Allowable Public Frontage reference (Section 22.05.060.C.1 -22.05.050.C.1) and other zoning districts.
p. 16 – Corrected reference in Footnote 2
p. 28 - Added reference in #4 to the table above
p. 28 - 5 B (1) Added language to clarify that height must remain within standards p. 30 – Changed wattage to voltage, added maximum mature height of trees in relationship to the building height
p. 38 – Changed measurements of Border and storm water to feet, not inches p. 39 – Fixed the title number on the table
p. 40/41 - Fixed the number 060 to 050
p. 43 - Removed outdated reference to since deleted 22.05.050 Slope Standards p. 66 - Removed conflicting language pertaining to Wings p. 73 - Added Footnote saying only 2 in the T3 zone
p. 93 - Corrected Sloped roof text
p. 134 - At all deck illustrations, added a footnote stating that no roof decks allowed
p. 105 - Corrected Finish level above sidewalk, conflicts with BFE +1, in all types p.105 - Removed Porch Engaged, inconsistent with Setbacks, removed references throughout
p. 148 - Added roof colors to Materials Pages, for all types of housing p. 163,175 G Added maximum sizes of ornamental plants p. 121 - 13 b iii change Title 24 to 22
p. 265 - 2b9 -Changed the amount from 50 feet to more than 40 feet. p. 270 - Corrected existing grade reference
The above noted changes have been added to current ODDS for consideration by the City Council.

DISCUSSION
Housing Legislation
Several State laws have been adopted in recent years that allow for by right and streamlined approvals for qualifying multi-family and mixed-use projects based on satisfying “objective”

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

development standards. Objective standards are defined in state legislation as “involving no personal or subjective judgement by a public official” and “standards that are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowledgeable by both the development applicant or proponent and the public official prior to submittal.” The most notable bills that allow for by right and streamlined approvals for multi-family housing projects include Senate Bill 9 (SB 9), Senate Bill (SB 35), SB 330 (Housing Crisis Act of 2019) and the Housing Accountability Act. Staff would refer the Planning Commission to the November 16, 2021 staff report which outlines some of the housing legislation.

RHNA- Regional Housing Needs Allocation
The Regional Housing Needs Allocation (“RHNA”) is a State-mandated process that identifies the number of housing units by affordability level1 that each California jurisdiction must accommodate in its Housing Element. Since 1969, State law has required that all jurisdictions must plan to meet their “fair share” of housing for the community.

The objectives of RHNA are:
• Increase housing supply and mix of housing types, tenure, and affordability in all cities and counties in an equitable manner.
• Promote infill development and socioeconomic equity, protect environmental and agricultural resources, encourage efficient development patterns, and achieve GHG reduction targets.
• Promote intraregional jobs-housing relationships including balance between low-wage jobs and affordable housing.
• Balance disproportionate household income distributions (more high-income RHNA to lower- income areas and vice-versa).

The California Department of Housing and Community Development (“HCD”) identifies the total number of units, across all income groups for which the region must plan during the current eight (8) - year RHNA cycle. The next cycle is 2023- 2031.

The Association of Bay Area Governments (“ABAG”) is responsible for allocating RHNA numbers among the Bay Area jurisdictions. On June 9, 2020, HCD released its Regional Housing Needs Determination for the current Housing Element cycle to ABAG. A total of 441,175 housing units were allocated to the Bay Area for the 2023-2031 Housing Element cycle, almost doubling the needs determination from the most recent 2012 cycle. Marin County’s RHNA allocation increased from 2,298 units to 14,210 units.

Marin’s increased RHNA numbers reflect changes to State law and methodology changes in allocation calculations. For example, SB 828 adopted in 2018, allows the HCD to consider both existing and future housing need. Additionally, ABAG identified “high resource” and “high opportunity” areas, as a way to address racial equity concerns, and allotted increased units to these areas. A high opportunity and resource area is one that is near public transit, contains amenities conducive to childhood development and economic mobility, including low poverty rates, high 1 Affordable housing levels are defined as a percentage of Area Median Income (“AMI”), established by HCD and include very low income (30%-50% AMI), low income (50%-80% AMI), and moderate income (“80%-120% AMI).

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

home values, high education values, high school test schools, and high employment rates.

Belvedere, along with most of Marin County, qualifies as a high opportunity and resource area for purposes of RHNA allocation. Additionally, State law now prohibits stable population numbers or prior housing underproduction as justifications to reduce a jurisdictions RHNA allocation.

A city accommodates its RHNA numbers by identifying housing sites in its Housing Element.

This does not indicate that development proposals are under review, or will necessarily be submitted; rather, the Housing Element indicates possible housing site availability. HCD must certify each jurisdiction’s Housing Element, and if unapproved, a city may challenge HCD’s determination. A city without a compliant Housing Element may face legal action from the State Attorney General, which may result in fines between $10,000 to $600,000 per month until a legal element is adopted.

ABAG has allocated to Belvedere a total of 160 units, up from 16 units in the last cycle.

Belvedere’s units include: 1) 49 units very low income (<50% AMI); 2) 28 units low income (50- 80% AMI); 3) 23 units moderate income (80-120% AMI); 4) 61 units above moderate income (> 120% AMI).

Belvedere appealed its RHNA allocation; ABAG denied that appeal. The City will be required to accommodate a much higher RHNA number in its upcoming Housing Element than in the past.

City staff has chosen a Housing Element consultant to identify sites that satisfy Belvedere’s allocation during the Housing Element process.

TOOLKIT CUSTOMIZATION
Pursuant to recent state legislation, jurisdictions are limited to using objective design and development standards to evaluate certain housing projects. The Objective Design and Development Standards is a kit of parts organized around the range of zoning districts and standards that address the range of sites and physical conditions throughout various jurisdictions in Marin County. The project consultant, Opticos Design, distributed the Final Objective Design and Development Standards Toolkit to each jurisdiction in February 2021. The proposed new Title 22 represents months of work with Opticos and the subcommittee, to customize the ODDS Toolkit to Belvedere’s specific needs.

The toolkit distributed to each jurisdiction included eight zones, which range from lower intensity Edge Neighborhoods to higher intensity Core Neighborhoods and Main Streets. The zones are based on the location and context of the area and described in the toolkit as the “transect.” The transect ranges from “natural” to “urban.” As part of the project, each jurisdiction will decide which zones to adopt and where in the community to apply the zones.

The subcommittee evaluated the document, considering its relationship to Chapter 19 of the Belvedere Municipal Code. The subcommittee reviewed each toolkit Zone and ultimately kept T3 Suburban Neighborhood (T3SN), T4 Suburban Neighborhood Small (T4SN.S) and T4 Suburban Main Street Small (T4SMS.S). These three zones corresponded well to existing multi-family zoning. The recent revisions to the toolkit reflect that each of the (T) zones match the existing (R)

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

zoning ordinance as feasible. The subcommittee then evaluated the development criteria for each of the chosen zones, T3, T4SN.S and T4 SMS.S. The subcommittee’s overarching goal was to get the toolkit development standards as close to Chapter 19 development standards as possible, consistent with the need to achieve the required objective character.

Staff notes that Title 22’s ODDS “Toolkit” will only apply to multi-family sites that are subject to the Housing Accountability Act (HAA), Senate Bill 330 and Senate Bill 35.2 Title 22 includes objective design and development standards that will be used to evaluate qualifying multi-family housing projects submitted to the City of Belvedere. Title 22 will serve as a supplement to the zoning code (Title 19) and will be used to evaluate qualifying multi-family housing projects.

Currently, the City evaluates HAA, SB 330 and SB 35 projects under Urgency Ordinance No. 2022-01, which the City Council adopted on January 27, 2022. That ordinance does contain the required object design standards but, by law, is only a temporary solution.

Staff proposes that the City Council adopt the ODDS “Toolkit”.

PUBLIC COMMENTS/NOTICE
The City provided notice of the Ordinance in the Ark and as of the writing of this report, no written correspondence has been received however staff notes that has been much public involvement in the process/review of the ODDS document throughout this process.

FISCAL IMPACT
As noted above, the City of Belvedere was awarded a $160,000 grant in 2019 under Senate Bill 2, the “Building Homes and Jobs Act,” to work with other Marin County jurisdictions on several projects including the development of Objective Design and Development Standards (ODDS) for multi-family projects.

ENVIRONMENTAL REVIEW
The proposed ordinance and ordinance amendments are not subject to the provisions of the California Environmental Quality Act (CEQA). The ordinance and amendments are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that a project is exempt from CEQA when the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant impact to the environment. An activity is not subject to CEQA when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The ordinance will not result in any changes to the permitted locations or densities of multi-family housing.
2 SB 9 projects are evaluated under objective standards contained in Urgency Ordinance No. 2022-01. Staff is currently preparing a permanent ordinance for these projects.

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022

STAFF RECOMMENDATION

1. That the City Council conduct the public hearing.

2. Motion to approve the first reading of the Ordinance and waive future readings of the Ordinance in its entirety.

ATTACHMENT

1. Ordinance with Exhibit A: Objective Design and Development Standards & Zoning Map

CITY OF BELVEDERE
ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY OF BELVEDERE ADOPTING A NEW TITLE TO THE BELVEDERE MUNICIPAL CODE (TITLE 22) ADOPTING OBJECTIVE DESIGN

AND DEVELOPMENT STANDARDS FOR QUALIFYING MULTI-FAMILY AND

MIXED-USE PROJECTS
_____________________________________________________________________________ WHEREAS, the Housing Accountability Act (HAA), Government Code Section 65589.5, establishes limitations to a local government’s ability to deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing need; and
WHEREAS, pursuant to Government Code section 66300, “Objective Design Standard” means a design standard that involves no personal or subjective judgement by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application; and
WHEREAS, the City of Belvedere was awarded $160,000 in state funding established by California Senate Bill 2, the 2018 Building Homes and Jobs Act (SB 2), for actions intended to increase housing in California; and
WHEREAS, City staff participates in the Marin County Planning Directors Housing Working Group, which comprises the planning director of each Marin jurisdiction and other planning professionals. The goal of the working group is to look for ways to collaborate on housing issues, share information regarding best practices, and stay up to date with housing legislation and other legal requirements related to housing; and
WHEREAS, the Housing Working Group applied for SB 2 grants as a group effort to address several housing items, including the development of objective design and development standards; and
WHEREAS, the Housing Working Group worked together with a consultant team lead by Opticos Design on the development of the objective design and development standards; and WHEREAS, the City formed a Subcommittee at the onset of the project to help guide the development of the objective design and development standards. The Subcommittee reviewed reports and other documents, provided collective comments representative of the group, and made recommendations regarding the implementation of the objective design standards in Belvedere; and
WHEREAS, the Belvedere Objective Design and Development Standards (Title 22) address current and future State housing legislation intended to limit jurisdictions’ discretion related to the approval or denial of multi-family housing, and it furthers the City’s stated housing polices and goals; and
Attachment 1
WHEREAS, the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that a project is exempt from CEQA when the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant impact to the environment. When it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, based on the record, the Planning Commission finds that the ordinance amendments are consistent with and promote the goals of the General Plan, including, without limitation, the Housing Element; and
WHEREAS, the Planning Commission discussed the proposed Objective Design and Development Standards (“ODDS Toolkit”) on June 16, 2020, November 10, 2020, April 28, 2021, and May 17, 2022; and
WHEREAS, on April 27, 2022, notice of the Planning Commission public hearing was published in the Ark Newspaper in compliance with California Government Code Section 65090; and WHEREAS, on May 17, 2022, the Planning Commission held a public hearing, received the staff report and reviewed a presentation from the Planning Department and received comments from the public and interested parties and recommended approval of the Objective Design & Development Standards to the City Council with minor modifications; and WHEREAS, on June 13, 2022, the City Council held a duly noticed public hearing to consider the Ordinance Amendments; and
WHEREAS, at said meeting the City Council considered the Ordinance Amendment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELVEDERE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings. The Ordinance Amendments further the public health, safety, and welfare and the above recitals are true and correct and are incorporated as findings herein.

SECTION 2. Amendment. The City Council hereby adopts a new Title, Title 22 to the Belvedere Municipal Code adopting objective design and development standards for qualifying multi-family and mixed-use projects, as set forth in EXHIBIT A.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable.

SECTION 4. Effective Date, Regular Ordinance. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage. Within fifteen (15) days following its passage, a summary of the Ordinance shall be published with the names of those City Council members voting for and against the Ordinance and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of the adopted Ordinance along with the names of the members voting for and against the Ordinance.

INTRODUCED AND ADOPTED AT A PUBLIC HEARING at a regular meeting of the Belvedere City Council on June 13, 2022, by the following vote:

AYES:

NOES:

ABSENT:

RECUSED:

APPROVED:___________________________
Sally Wilkinson, Mayor
ATTEST:_______________________________
Beth Haener, City Clerk
Map T
Basem
San Rafael Ave
Tiburon Blvd
Beach Rd
Centro EastSt
VistazoWest St
MainSt
Oak Ave
Humboldt
Ave
Paradise Dr
LyfordDr
Ridge Rd
Laurel
Ave
Solano
St
Centro WestSt
G olden Gate Ave
Mar West St Diviso St ¯
0 60
Feet
1 inch = 1,200 feet
City of Belvedere
Title 22: Objective Design and
Development Standards
City of Belvedere
May 16, 2022
Objective design development standards and regulations to govern qualified Housing Accountability Act, Senate Bill 330, and Senate Bill 35 development projects within the City of Belvedere.

Exhibit A
ii
Objective Design and Development Standards
City of Belvedere Objective Design and Development Standards May 16, 2022 This page intentionally left blank
Table of Contents
Chapter 1: Introduction 1

22.01.010 Purpose 1

22.01.020 Applicability 1

22.01.030 Relationship to Belvedere General Plan 1

22.01.040 Relationship to Title 19 (Zoning) 1
Chapter 2: Establishment of Zones 3

22.02.010 Purpose 3

22.02.020 Zones Established 3

22.02.030 Belvedere Objective Design Standards Zones 4
Chapter 3: Zones 7

22.03.010 Purpose 7

22.03.020 Overview of Zones 7

22.03.030 T3 Suburban Neighborhood (T3SN) 11

22.03.040 T4 Suburban Neighborhood.Small (T4SN.S) 15

22.03.050 T4 Suburban Main Street.Small (T4SMS.S) 19
Chapter 4: Specific to Uses 23

22.04.010 Purpose 23

22.04.020 Use Standards 23

22.04.030 Use Table 24
Chapter 5: General to Design Sites 27

22.05.010 Purpose 27

22.05.020 Screening 27

22.05.030 Landscaping and Lighting 30

22.05.040 Parking and Loading 32

22.05.050 Slope Standards 32

22.05.050 Public Frontage Standards 39

22.05.060 Privacy Standards 42

22.05.070 Location of Density Bonus Height/Floor Area on Sloped Design Sites 43 May 16, 2022 City of Belvedere Objective Design and Development Standards iii iv
Table of Contents
City of Belvedere Objective Design and Development Standards May 16, 2022 Chapter 6: Specific to Building Types 47

22.06.010 Purpose 47

22.06.020 Building Types 47

22.06.030 Overview of Building Types 51

22.06.040 House 53

22.06.050 Duplex Side-by-Side 56

22.06.060 Duplex Stacked 61

22.06.070 Cottage Court 65

22.06.080 Fourplex 68

22.06.090 Neighborhood Townhouse 73

22.06.100 Neighborhood Courtyard 77

22.06.110 Pocket Neighborhood 81

22.06.120 Multiplex 86

22.06.130 Main Street Building 91
Chapter 7: Specific to Private Frontage Types 99

22.07.010 Purpose 99

22.07.020 Private Frontage Types 99

22.07.030 Overview of Private Frontage Types 100

22.07.040 Porch Projecting 102

22.07.050 Dooryard 104

22.07.060 Stoop 106

22.07.070 Forecourt 108

22.07.080 Maker Shopfront 110

22.07.090 Shopfront 112

22.07.100 Terrace 114

22.07.110 Gallery 116
Chapter 8: Specific to Architectural Design 119

22.08.010 Purpose 119
v
Table of Contents
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.08.020 Applicability 119

22.08.030 Architectural Design Standards 119

22.08.040 Overview of Architectural Styles 119

22.08.050 Contemporary 123

22.08.060 Craftsman 135

22.08.070 East Coast Cottage 147

22.08.080 Main Street Classical 159

22.08.090 Mediterranean 169

22.08.100 Tudor 181
Chapter 9: Specific to Large Sites 193

22.09.010 Purpose 193

22.09.020 General to Walkable Community Design 194

22.09.030 Walkable Neighborhood Plan 199

22.09.040 General to Civic Space 200
Chapter 10: Administration 207

22.10.010 Purpose 207

22.10.020 Procedures 207

22.10.030 Adjustments to Standards 207

22.10.030 Quick Code Guide for Developments Less Than Two Acres 223

22.10.050 Quick Code Guide for Development of at Least Two Acres 225 Chapter 11: Definitions 227

22.11.010 Purpose 227

22.11.020 Definitions 227

22.11.030 Measurement Methods 261
vi
Table of Contents
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22.01.010 Purpose
The purpose of Title 22 is to establish objective design development standards and regulations to govern qualified Housing Accountability Act, Senate Bill 330, and Senate Bill 35 projects within the City of Belvedere.

These standards reflect the community's vision for implementing the intent of the Belvedere General Plan to facilitate housing production and specifically infill housing production, through development that reinforces the highly valued character and scale of the City's walkable centers, neighborhoods, and corridors.

22.01.020 Applicability
Chapter 1: Introduction
Sections:

22.01.010 Purpose

22.01.020 Applicability

1. Title 22 applies to proposed development as identified in Table A (Applicability).

Table 22.01.020.A: Applicability
Development Type
Housing Accountability
Act (HAA) Applies1
Senate Bill 330
Applies1
Senate Bill 35
Applies2
Single-Unit House No No No
Transitional Housing Yes Yes
Supportive Housing Yes Yes See Multi-Family
Housing (2 or more
residential units) Emergency Shelter Yes Yes
Farmworker Housing Yes Yes
Multi-Family Housing (2 or more residential units)
Affordable Yes Yes Yes
Market Rate3 Yes Yes No
Mixed-Use Development (at least 2/3 of square footage designated for residential units) Affordable Yes Yes Yes
Market Rate3 Yes Yes No
1 See Government Code §65589.5 for additional eligibility criteria and specific protections by development type.
2 See Government Code §65913.4(a) for additional eligibility criteria (e.g., site standards, affordability provisions, and labor provisions).
3 "Market Rate" refers to projects that do not contain the minimum percentage of affordable housing units to be eligible for Senate Bill 35 streamlining. See Footnote 2.

May 16, 2022 City of Belvedere Objective Design and Development Standards 1 2 Introduction
City of Belvedere Objective Design and Development Standards May 16, 2022 This page intentionally left blank

22.02.010 Purpose
The purpose of Chapter is to identify the zones within the City of Belvedere where qualified Housing Accountability Act, Senate Bill 330, and Senate Bill 35 development projects are applicable.

22.02.020 Zones Established
This Section identifies the zones, based on the intended physical form and character of the City environments. These zones focus on mixed-use, walkable environments and range in function and intensity from primarily residential areas with a mix of lower intensity building types (T3 Suburban Neighborhood), to moderate intensity neighborhoods (T4 Suburban Neighborhood.Small), and moderate-intensity centers (T4 Suburban Main Street.Small).

Chapter 2: Establishment of Zones
Sections:

22.02.010 Purpose

22.02.020 Zones Established

22.02.030 Belvedere Objective Design Standard Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards 3

22.02.030 Belvedere Objective Design Standards Zones
4 Establishment of Zones
City of Belvedere Objective Design and Development Standards May 16, 2022 5 Establishment of Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards 6 Establishment of Zones
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22.03.010 Purpose
This Chapter provides zones and standards for qualified Housing Accountability Act, Senate Bill 330, and Senate Bill 35 development projects to implement the Belvedere General Plan to generate and support the variety of physical character of the intended development.

22.03.020 Overview of Zones
Table A (Zones Overview) provides an overview of each zone and its intent.

Chapter 3: Zones
Sections:

22.03.010 Purpose

22.03.020 Overview of Zones

22.03.030 T3 Suburban Neighborhood (T3SN)

22.03.040 T4 Suburban Neighborhood.Small (T4SN.S)

22.03.050 T4 Suburban Main Street.Small (T4SMS.S)
May 16, 2022 City of Belvedere Objective Design and Development Standards 7 T4 Suburban Neighborhood.Small 22.03.040
Zone Abbreviation
T4SN.S
Intent
A walkable neighborhood environment of small-to-medium
footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.

Desired Form
House-Scale Buildings
Primarily Detached Buildings
Small-to-Medium Building Footprint
Small-to-Medium Front Setbacks
Small-to-Medium Side Setbacks
Up to 2.5 Stories without Bonus; up to 3 Stories with Bonus House, Duplex Stacked, Cottage Court, Fourplex,
Neighborhood Townhouse, Neighborhood Courtyard, Pocket
Neighborhood, and Multiplex
Porch Projecting, Dooryard, and Stoop Frontage Types
Less Urban
Table 22.03.020.A: Zones Overview
T3 Suburban Neighborhood 22.03.030
Zone Abbreviation
T3SN
Intent
A walkable neighborhood environment of small-tomedium footprint, low-to-moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.

Desired Form
House-Scale Buildings
Primarily Detached Buildings
Small-to-Medium Building Footprint
Small-to-Medium Front Setbacks
Small-to-Medium Side Setbacks
Up to 2.5 Stories without Bonus; Up to 3 Stories with Bonus House, Duplex Side-by-Side, Cottage Court, Fourplex,
Neighborhood Townhouse, and Pocket Neighborhood
Porch Projecting, Dooryard, and Stoop Frontage Types
8 Zones
City of Belvedere Objective Design and Development Standards May 16, 2022

22.03.010
Table 22.03.020.A: Zones Overview (Continued)
T4 Suburban Main Street.Small 22.03.050
Zone Abbreviation
T4SMS.S
Intent
A walkable, vibrant district of small-to-medium footprint, moderate intensity, mixed-use buildings and housing
choices, supporting neighborhood-serving ground floor
retail, food and services.

Desired Form
Primarily House-Scale Buildings
Primarily Attached Buildings
Small-to-Medium Building Footprint
None-to-Small Front Setbacks
None-to-Small Side Setbacks
Up to 2.5 Stories without Bonus; up to 3 Stories with Bonus House, Neighborhood Townhouse, Neighborhood
Courtyard, Multiplex, and Main Street Building
Porch Projecting, Forecourt, Shopfront, Terrace, and Gallery Frontage Types; Dooryard, Stoop, and Maker Shopfront
Frontage Types on Side Street
More Urban
9 Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.03.020
10 Zones
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22.03.030 T3 Suburban Neighborhood (T3SN)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

1. Intent
A walkable neighborhood environment of small-to-medium footprint, low-tomoderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.

The following are generally appropriate form elements in the zone.

House-Scale Buildings Up to 2.5 Stories without Bonus; Up to Primarily Detached Buildings 3 Stories with Bonus
Small-to-Medium Building Footprint House, Duplex Side-by-Side, Cottage Court, Fourplex, Neighborhood
Townhouse, and Pocket Neighborhood
Small-to-Medium Front Setbacks
Small-to-Medium Side Setbacks
Porch Projecting, Dooryard, and Stoop
Frontage Types
11 Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.03.030

3. Building Form
Height Without
Bonus
With
Bonus
Primary Building4
Stories 2.5 max. 3 max.

To Highest Eave/Parapet 22' max. 32' max.

Overall 29' max. 36' max.

Ground Floor Finish Level
(Base Flood Elevation plus 1' min.)
Ground Floor Ceiling
Residential 9' min.

Non-Residential Not Allowed
Accessory Structure(s) 1 max.

Area 120 sf max.

Height 16' max..

Footprint
Max. Design Site Coverage See standards in Chapter 6
(Specific to Building Types)
Depth, Ground-Floor Space 30' min.5
Roof decks are not allowed.
4 See Chapter 6 (Specific to Building Types) for refinements to massing and height standards.
5 For habitable/occupiable space only, except in the Cottage Court Building Type

2. Building Types and Design Site Size
Allowed Building
Types
Design Site1 Standards
Width Depth
House-Scale
House 50' min. 100' min. 22.06.040
Duplex Side-by-Side 50' min. 110' min. 22.06.050
Cottage Court 125' min. 130' min 22.06.070
Fourplex 50' min 110' min 22.06.080
Neighborhood
Townhouse 2
24' min 3 100' min 22.06.080
Pocket
Neighborhood
170' min
300' max
260' min
500' max

22.06.110
Block-Scale
None
Each design site shall have only one primary building type. 1 Design sites of at least 3 acres or over 700' long or deep are required to include civic space and new street(s) per Chapter 9 (Specific to Large Sites).
2 Max. 2 side-by-side
3 Represents one townhouse
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
Base Flood
Elevation plus 1'
Existing Grade
ROW Line
Key
ROW/ Design Site Line
Key
12 Zones
City of Belvedere Objective Design and Development Standards May 16, 2022

22.03.030: T3 Suburban Neighborhood (T3SN)

5. Encroachments
Encroachments into Minimum Setbacks
Encroachment Type Front Side St. Side Rear
Roof Rake/Eave 4' max. 4' max. 3' max. 4' max.

Ramps providing ADA or FHA visitability are allowed within setbacks but shall not encroach within public ROWs.

Fences, hedges, and other screen devices are allowed within setbacks as identified in Section 19.48.190 (Residential Zones—Certain Facilities and Structures Permitted in Yards).

Encroachments into Public Right of Ways (ROW)
Encroachments at grade not allowed within a street ROW, alley ROW, or across a design site line.

Upper story encroachments require 8' min. of vertical
clearance.

4. Building Placement
Setback (Distance from ROW/ Design Site Line)
Front (Facade Zone)
Interior Design Site 15' min.

Corner Design Site 15' min.

Side Street (Facade Zone)
Primary Building 10' min.

Accessory Structure(s) 20' min.

Side
Primary Building6 7' min.

Accessory Structure(s)6 5' min.

Rear
Primary Building 20' min.

Accessory Structure(s)6 5' min.

Building Facade
Facade Zone Defined By Building Front St. Side St.

Total length of facade required
within or abutting the facade zone,
exclusive of setbacks
60% min. 50% min.

Facade Design
All building facades shall be designed in compliance with Chapter 8 (Specific to Architectural Design).
6 Where abuts lagoon, setback shall be 15' min. as measured from the summer high water line.

Setbacks shall be measured from the
summer high water line.

Key X = Not Allowed N/A = Not Applicable
Side Street
Front Street (Narrowest Side) Front Street (Narrowest Side) min.

Side Street
min.
min. min.

ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
ROW/ Design Site Line
Setback Line
Encroachment Area
Key
13 Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.03.030: T3 Suburban Neighborhood (T3SN)

7. Frontages
Allowed Private Frontage Type Standards
Porch Projecting 22.07.040
Porch Engaged 22.07.050
Dooryard 22.07.060
Allowed Public Frontage Type Standards
Street 22.05.050.C.1

6. Parking
Use Type Vehicular
Spaces8
Bicycle
Spaces9
Residential Uses
Studio or 1 Bedroom 1 min. per unit 1 min. per unit
2 or More Bedrooms 2 min. per unit 2 min. per unit
Non-Residential Uses per Building10
≤ 1,000 sf 0 min.
≥ 1,000 sf 1 min. per 1,000 sf
above first 1,000 sf
Setback (Distance from ROW/ Design Site Line)
Front 30' min.

Side Street 20' min.

Side 5' min.

Rear11 5' min.

Driveway12 One-Way Two-Way
Curb Cut/Width 8' max. Not Allowed
8 See Subsection 22.05.040.5 for additional standards.
9 See Subsection 22.05.040.3 for additional standards.
10 See Chapter 4 (Specific to Uses) for allowed uses.
11 15' rear setback when abutting to Lagoon.
12 See Subsection 22.05.040.8.C for additional standards.

6. Parking (Continued)
Parking spaces may be grouped with those on adjacent
design sites and may be detached from design sites within the same block, in compliance with parking setbacks and access standards.

Curb cut width along alley may exceed 8'.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Front access not allowed on corner design sites.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access standards.

Front Street (Narrowest Side)
Side Street
min.
min.
min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
14 Zones
City of Belvedere Objective Design and Development Standards May 16, 2022

22.03.030: T3 Suburban Neighborhood (T3SN)

22.03.040 T4 Suburban Neighborhood.Small (T4SN.S)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

1. Intent
A walkable neighborhood environment of small-to-medium footprint, moderateintensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.

The following are generally appropriate form elements in the zone.

House-Scale Buildings House, Duplex Stacked, Cottage Court, Fourplex, Neighborhood Townhouse,
Neighborhood Courtyard, Pocket
Neighborhood, and Multiplex
Primarily Detached Buildings
Small-to-Medium Building Footprint
Small-to-Medium Front Setbacks
Small-to-Medium Side Setbacks Porch Projecting, Dooryard, and Stoop Up to 2.5 Stories without Bonus; up to Frontage Types
3 Stories with Bonus
15 Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.03.040

3. Building Form
Height Without
Bonus
With
Bonus
Primary Building4
Stories 2.5 max. 3 max.

To Highest Eave/Parapet 23' max. 33' max.

Overall 29' max. 36' max.

Ground Floor Finish Level
(Base Flood Elevation plus 1' min.)
Ground Floor Ceiling
Residential 9' min.

Non-Residential 12' min.

Accessory Structure(s) 1 max.

Area 120 sf max.

Height 16' max..

Footprint
Max. Design Site Coverage See standards in Chapter 6
(Specific to Building Types)
Depth, Ground-Floor Space 20' min.5
Roof deck are not allowed.
4 See Chapter 6 (Specific to Building Types) for refinements to massing and height standards.
5 For habitable/occupiable space only, except in the Cottage Court Building Type

2. Building Types and Design Site Size
Allowed
Building Types
Design Site1
Width Depth Standards
House-Scale
House 50' min. 100' min. 22.06.040
Duplex Stacked2 50' min. 100' min. 22.06.060
Cottage Court 90' min. 120' min. 22.06.070
Fourplex 50' min. 110' min. 22.06.080
Neighborhood
Townhouse
18' min.3 100' min. 22.06.090
Neighborhood
Courtyard
70' min.4 150' min. 22.06.100
Pocket
Neighborhood
170' min.; 260' min.; 22.06.110
300' max. 500' max.

Multiplex 100' min. 125' min. 22.06.120
Block-Scale
None
Each design site shall have only one primary building type. 1 Design sites of at least 3 acres or over 700' long or deep are required to include civic space and new street(s) per Chapter 9 (Specific to Large Sites).
2 Represents up to 2 stacked units.
3 For an L-shaped building; 100' min. for a U-shaped building ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
Base Flood
Elevation plus 1'
Existing Grade
ROW Line
Key
ROW/ Design Site Line
Key
16 Zones
City of Belvedere Objective Design and Development Standards May 16, 2022

22.03.040: T4 Suburban Neighborhood.Small (T4SN.S)

5. Encroachments
Encroachments into Minimum Setbacks
Encroachment Type Front Side St. Side Rear
Roof Rake/Eave 3' max. 3' max. 3' max. 5' max.

Ramps providing ADA or FHA visitability are allowed within setbacks but shall not encroach within public ROWs.

Fences, hedges, and other screen devices are allowed within setbacks as identified in Section 19.48.190 (Residential Zones—Certain Facilities and Structures Permitted in Yards).

Encroachments into Public Right of Ways (ROW)
Encroachments at grade not allowed within a street ROW, alley ROW, or across a design site line.

Upper story encroachments require 8' min. of vertical
clearance.

4. Building Placement
Setback (Distance from ROW/ Design Site Line)
Front (Facade Zone)
Interior Design Site 10' min.

Corner Design Site 10' min.

Side Street (Facade Zone)
Primary Building 10' min.

Accessory Structure(s) 20' min.

Side
Primary Building 6 7' min.

Accessory Structure(s) 6 5' min.

Rear
Primary Building 15' min.

Accessory Structure(s)6 5' min.

Building Facade
Facade Zone Defined By Building Front St. Side St.

Total length of facade required
within or abutting the facade zone,
exclusive of setbacks
65% min. 55% min.

Facade Design
All building facades shall be designed in compliance with Chapter 8 (Specific to Architectural Design).
6 Where abuts lagoon, rear setback shall be 15' min. as measured from the summer high water line.

Setback shall be measured from the summer high water line.

Key X = Not Allowed N/A = Not Applicable
Side Street
Front Street (Narrowest Side) Front Street (Narrowest Side) min.

Side Street
min.
min. min.

ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
ROW/ Design Site Line
Setback Line
Encroachment Area
Key
17 Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.03.040: T4 Suburban Neighborhood.Small (T4SN.S)

7. Frontages
Allowed Private Frontage Type Standards
Porch Projecting 22.07.040
Porch Engaged 22.07.050
Dooryard 22.07.060
Stoop 22.07.070
Allowed Public Frontage Type Standards
Street 22.05.050.C.1

6. Parking
Use Type Vehicular
Spaces8
Bicycle
Spaces9
Residential Uses
Studio or 1 Bedroom 1 min. per unit 1 min. per unit
2 or More Bedrooms 2 min. per unit 2 min. per unit
Non-Residential Uses per Building10
≤ 1,000 sf 0 min.
≥ 1,000 sf 1 min. per 1,000 sf
above first 1,000 sf
Setback (Distance from ROW/ Design Site Line)
Front 40' min.

Side Street 20' min.

Side 5' min.

Rear11 5' min.

Driveway12 One-Way Two-Way
Curb Cut/Width 8' max. Not Allowed
8 See Subsection 22.05.040.5 for additional standards.
9 See Subsection 22.05.040.3 for additional standards.
10 See Chapter 4 (Specific to Uses) for allowed uses.
11 15' rear setback when abutting to Lagoon.
12 See Subsection 22.05.040.8.C for additional standards.

6. Parking (Continued)
Parking spaces may be grouped with those on adjacent
design sites and may be detached from design sites within the same block, in compliance with parking setbacks and access standards.

Curb cut width along alley may exceed 8'.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Front access not allowed on corner design sites.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access standards.

Front Street (Narrowest Side)
Side Street
min.
min.
min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
18 Zones
City of Belvedere Objective Design and Development Standards May 16, 2022

22.03.040: T4 Suburban Neighborhood.Small (T4SN.S)

22.03.050 T4 Suburban Main Street.Small (T4SMS.S)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

1. Intent
A walkable, vibrant district of small-to-medium footprint, moderate intensity, mixed-use buildings and housing choices, supporting neighborhood-serving ground floor retail, food and services.

The following are generally appropriate form elements in the zone.

Primarily House-Scale Buildings House, Neighborhood Townhouse, Neighborhood Courtyard, Multiplex,
and Main Street Building
Primarily Attached Buildings
Small-to-Medium Building Footprint
None-to-Small Front Setbacks Porch Projecting, Forecourt, Shopfront, Terrace, and Gallery
Frontage Types; Dooryard, Stoop, and
Maker Shopfront Frontage Types on
Side Street
None-to-Small Side Setbacks
Up to 2.5 Stories without Bonus; up to
3 Stories with Bonus
19 Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.03.050

2. Building Types and Design Site Size
Allowed
Building Types
Design Site1 Standards
Width Depth
House-Scale
House 50' min. 100' min. 22.06.040
Neighborhood
Townhouse
18' min.2 100' min. 22.06.090
Neighborhood
Courtyard
70' min.3 150' min. 22.06.100
Multiplex 60' min. 110' min. 22.06.120
Block-Scale
Main Street
Building
25' min. 100' min. 22.06.130
Each design site shall have only one primary building type. 1 Design sites of at least 3 acres or over 700' long or deep are required to include civic space and new street(s) per Chapter 9 (Specific to Large Sites).
2 Represents up to 2 stacked units.
3 For an L-shaped building; 100' min. for a U-shaped building

3. Building Form
Height Without
Bonus
With
Bonus
Primary Building4
Stories 2.5 max. 3 max.

To Highest Eave/Parapet 26' max. 35' max.

Overall 29' max 36' max.

Ground Floor Finish Level
(Base Flood Elevation plus 1' min.)
Ground Floor Ceiling 12' min.

Accessory Structure(s) 1 max.

Area 120 sf max.

Height 16' max..

Footprint
Max. Design Site Coverage See standards in Chapter 6
(Specific to Building Types)
Depth, Ground-Floor Space 30' min.5
Roof deck are not allowed.
4 See Chapter 6 (Specific to Building Types) for refinements to massing and height standards.
5 For habitable/occupiable space only
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
Base Flood
Elevation plus 1'
Existing Grade
ROW Line
Key
ROW/ Design Site Line
Key
20 Zones
City of Belvedere Objective Design and Development Standards May 16, 2022

22.03.050: T4 Suburban Main Street.Small (T4SMS.S)

5. Encroachments
Encroachments into Minimum Setbacks
Encroachment Type Front Side St. Side Rear
Roof Rake/Eave 3' max. 3' max. X 5' max.

Ramps providing ADA or FHA visitability are allowed within setbacks but shall not encroach within public ROWs.

Fences, hedges, and other screen devices are allowed within setbacks as identified in Section 19.48.190 (Residential Zones—Certain Facilities and Structures Permitted in Yards).

Encroachments into Public Right of Ways (ROW)
Encroachments at grade not allowed within a street ROW, alley ROW, or across a design site line.

Upper story encroachments require 8' min. of vertical
clearance.

4. Building Placement
Setback (Distance from ROW/ Design Site Line)
Front (Facade Zone)
Interior Design Site 0' min.

Corner Design Site 0' min.

Side Street (Facade Zone)
Primary Building 0' min.

Accessory Structure(s) 10' min.

Side
Primary Building 0' min.

Adjacent to T3EN or Res'l Zone 10' min.

Accessory Structure(s) 7 3' min.

Rear
Primary Building6 15' min.

Adjacent to T3EN or Res'l Zone 20' min.

Accessory Structure(s)7 5' min.

Building Facade
Facade Zone Defined By Building Front St. Side St.

Total length of facade required
within or abutting the facade zone,
exclusive of setbacks
65% min. 55% min.

Facade Design
All building facades shall be designed in compliance with Chapter 8 (Specific to Architectural Design).
6 Rear setback shall be measured from the summer high water line. 7 Where abuts lagoon, rear setback shall be 15' min. as measured from the summer high water line. Key X = Not Allowed N/A = Not Applicable Side Street
Front Street (Narrowest Side) Front Street (Narrowest Side) Side Street min.
min.
min. min.

ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
ROW/ Design Site Line
Setback Line
Encroachment Area
Key
21 Zones
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.03.050: T4 Suburban Main Street.Small (T4SMS.S)

7. Frontages
Allowed Private Frontage Type Standards
Porch Projecting 22.07.040
Porch Engaged 22.07.050
Dooryard12 22.07.060
Stoop12 22.07.070
Forecourt 22.07.080
Maker Shopfront12 22.07.090
Shopfront 22.07.100
Terrace 22.07.110
Gallery 22.07.120
Allowed Public Frontage Type Standards
Avenue/Boulevard 22.05.050.C.2
Main Street 22.05.050.C.3
12 Only on Side Street

6. Parking
Use Type Vehicular
Spaces8
Bicycle
Spaces9
Residential Uses
Studio or 1 Bedroom 1 min. per unit 1 min. per unit
2 or More Bedrooms 1 min. per unit 2 min. per unit
Non-Residential Uses per Building10
≤ 3,000 sf 0 min.
≥ 3,000 sf 1 min. per 1,000 sf
above first 3,000 sf
Setback (Distance from ROW/ Design Site Line)
Front 40' min.

Side Street 40' min.

Side 0' min.

Rear11 5' min.

Driveway12 One-Way Two-Way
Curb Cut/Width 8' max. 12' max.
8 See Subsection 22.05.040.5 for additional standards.
9 See Subsection 22.05.040.3 for additional standards.
10 See Chapter 4 (Specific to Uses) for allowed uses.
11 15' rear setback when abutting to Lagoon.
12 See Subsection 22.05.040.8.C for additional standards.

7. Parking (Continued)
Parking spaces may be grouped with those on adjacent
design sites and may be detached from design sites within the same block, in compliance with parking setbacks and access standards.

Curb cut width along alley may exceed 12'.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Front access not allowed on corner design sites.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access standards.

Front Street (Narrowest Side)
Side Street
min.
min. min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
22 Zones
City of Belvedere Objective Design and Development Standards May 16, 2022

22.03.050: T4 Suburban Main Street.Small (T4SMS.S)

22.04.010 Purpose
This Chapter provides the standards for uses in each zone to implement the intent described in Chapter 3 (Zones).

22.04.020 Use Standards
Table 22.04.030.A (Uses) identifies the following for each zone: the allowed uses ("P") and the uses that are not allowed ("X"). In addition, as required, specific use-standards are identified. Uses not listed are not allowed.

Chapter 4: Specific to Uses
Sections:

22.04.010 Purpose

22.04.020 Use Standards

22.04.030 Use Table
May 16, 2022 City of Belvedere Objective Design and Development Standards 23 1 Max. 1,500 sf per building
2 Only allowed in an accessory structure
Table 22.04.030.A: Uses
T4
T3SN SN.S SMS.S
Commercial Uses
Alcohol Sales X X P
Eating and Drinking Establishment X X P
Office-General X X P
Office-Medical/Dental X X P
Indoor Recreation X X P
Lodging X X P
Parking Facilities-Municipal X X P
Retail-General X X P
Services-General X X P
Veterinary Clinics X X P
Institutional and Civic Uses
Community Assembly P1 X P
Daycare
Adult P X P
7-12 Children P X P
1-6 Children P X P
Park and Outdoor Recreation P P P
School-Public and Private P1 P1 P
Studio: Art, Music, Dance P2 P1 P

22.04.030 Use Table
Key P = Allowed X = Not Allowed
24 Specific to Uses
City of Belvedere Objective Design and Development Standards May 16, 2022

22.04.030
Table 22.04.030.A: Uses (Continued)
T4
T3SN SN.S SMS.S
Residential Uses
Dwelling P P P
Group Living-Assisted X P1 P
Group Living-General X P1 P
Group Living-Independent X P1 P
Live/Work X X P
1 Max. 1,500 sf per building
2 Only allowed in an accessory structure
Key P = Allowed X = Not Allowed
25 Specific to Uses
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.04.030
26 Specific to Uses
City of Belvedere Objective Design and Development Standards May 16, 2022 This page intentionally left blank

22.05.010 Purpose
This Chapter provides standards to ensure that new development accomplishes the following:

1. Makes a positive contribution to the development pattern of the area;

2. New or altered structures are compatible with the design and use of existing structures on neighboring properties;

3. Respects the existing conditions of neighboring properties; and

4. Does not adversely affect neighboring properties, with "adversely affect" meaning to impact in a substantial, negative manner the habitability of these properties.

22.05.020 Screening

1. Intent. This Section provides standards for screening, fences, and walls for the protection of property, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment.

2. Design Standards for Screening. Except for wall- and ground-mounted equipment that is not visible from the public right-of-way or abutting design sites, all equipment shall comply with the following:

A. Screening Height Maximums. Screening shall not exceed the maximums identified in Table A (Maximum Screening Height).

B. Screening Height Measurement. Screening height shall be measured as the vertical distance between the existing grade at the base of the screen and the top edge of the screen material.

Chapter 5: General to Design Sites
Sections:

22.05.010 Purpose

22.05.020 Screening

22.05.030 Landscaping and Lighting

22.05.040 Parking and Loading

22.05.060 Public Frontage Standards

22.05.070 Privacy Standards

22.05.080 Location of Density Bonus Height/Floor Area on Sloped Design Sites May 16, 2022 City of Belvedere Objective Design and Development Standards 27 Table 22.05.020.A: Maximum Screening Height
Zone Item Maximum Height Allowed
Front Side St. Side Rear
T3SN Fences
Free Standing Walls
Landscaping1
3' max.
3' max.
4' max.
3' max.
3' max.
4' max.
8' max.
4' max.
8' max.
4' max.
4' max.
6' max.

T4SN.S Fences
Free Standing Walls
Landscaping1
3' max.
3' max.
4' max.
3' max.
3' max.
4' max.
8' max.
8' max.
8' max.
4' max.
8' max.
8' max.

T4SMS.S Fences
Free Standing Walls
Landscaping1
X
X
3' max.

X
X
3' max.
8' max.
8' max.
8' max.
4' max.
8' max.
8' max.
1 Excludes trees. Fencing and walls shall comply with Section 19.48.190.A and Administrative Policy Manual 15.4 (Fence Repair and Replacement).

Key X = Not Allowed

3. Courtyard Screening
A. Fences, walls and other screening installed to create a courtyard without a roof shall not exceed five feet in height and shall be set back a minimum of 10 feet from the front property line or back of sidewalk, whichever is the least.

B. Landscaping installed in compliance with Section 22.05.030 (Landscaping and Lighting).

4. Screening on Retaining Walls. The total height of screens and the retaining walls they are mounted on or attached to shall not exceed applicable heights in Table 22.05.020.A.

5. Mechanical Equipment Screening
A. The following mechanical equipment is exempt from screening:
(1) Free-standing or roof-mounted solar equipment; and
(2) Vents less than two feet in height.

B. For new installation or relocation of existing mechanical equipment, the equipment shall be screened.
(1)
architectural style shall screen roof-mounted equipment. These screening elements are required to stay within the maximum building height.
(a) New buildings shall be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building; and
(b)
shall be surrounded on all sides by an opaque screen wall as tall as the highest point of the equipment. The wall shall be architecturally consistent with the building and match the existing building with paint, finish, and trim cap detail. 28 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.020
(2) Wall- and Ground-Mounted Equipment
(a) Equipment is not allowed between front or side street facades and the street. (b)
(c)
(d)

6. Temporary Fencing. Temporary fencing may be used to provide security for approved special events, construction sites, or vacant structures and land, which cannot otherwise be secured. All temporary fencing shall be in compliance with Section 20.04.150 (Fences and Screening).

7. Barbed Wire and Razor Wire. Barbed wire and razor wire screening are not allowed.

8. Safety. Fences, walls, and other screening and landscaping, whether provided in compliance with the provisions of this Subsection or provided in addition to those provisions, are subject to review by the Traffic Engineer in the following areas to ensure that visibility is maintained:

A. Within 10 feet of the point of intersection of:
(1)
(2)
B. Within 20 feet of the point of intersection of two or more vehicular access ways, including driveways, alleys, or streets.

C. As used in this Subsection, "point of intersection" is measured from the face of curb or if none, from the edge of pavement.
29 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.020

22.05.030 Landscaping and Lighting

1. Intent. This Section prescribes landscaping and lighting standards for protection and enhancement of the environmental and visual quality of the community, enhancement of privacy, and the control of dust.

2. Required Landscaping. The landscaping required by this Section shall be installed as part of the development or improvement(s) requiring the landscaping. Standards for landscaping in parking areas shall be in combination with Section 22.05.040 (Parking and Loading).

A. Landscaping materials shall be integrated into the required setbacks, stream and wetland buffers, and design of the selected private frontage type(s).

B. Landscape materials shall be applied to the planting areas identified for public frontage type(s).

3. Required Lighting
A. Site improvements, including lighting, as required to be consistent with the selected Architectural Style for the primary building.

B. Lighting shall be provided in compliance with the following:
(1)
(2) Exterior lamps shall be low voltage, LED, and except for outdoor Christmas lights, shall not be colored.
(3) Skylights shall not have white or light opaque colored exterior lenses. (3) All exterior lighting shall be dark sky compliant, and designed, located and lamped to prevent overlighting, energy waste, glare, and light trespass.
(4) All parking lot lights shall be full cutoff luminaires, as certified by the manufacturer, with the light source directed downward and away from adjacent residences. (5) Bollard lighting may be used to light walkways and other landscape features, but shall cast its light downward.
(6) Internally illuminated fascia, wall, roof, awning or other building parts are prohibited. (7) All nonessential exterior lighting associated with non-residential uses shall be turned off within ½ hour after the close of business or when the non-residential use is not in use.

4. Design Standards
A. Allowed Landscaping Materials
(1)
(a) Shrubs, of at least one-gallon size;
(b) Ground cover instead of grass/turf; and/or
(c) Decorative nonliving landscaping materials including, but not limited to, sand, stone, gravel, wood or water may be used to satisfy a maximum of 25 percent of the required landscaping area.
(2)
Mature height of street trees cannot surpass adjascent building height. 30 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.030
B. Species Selection
(1)
(2)
(3)
C. Retaining Walls
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(3) Retaining walls along the rear design site line that are beyond the front and/or side street façade zone(s) shall:
(a) Not exceed eight feet as measured to the adjacent existing grade1; (b) If exposed, include a landscape planter in front of the wall. The planter shall be at least three feet deep measured perpendicular to the wall;
(c) Be finished with allowable wall material(s) of the selected architectural style for the primary building; and/or
(d) Not require landscaping or wall material finish(es) if within the building and not exposed.

D. Maintenance. Required landscaping shall be maintained in a clean and healthy condition. This includes pruning, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the appropriate watering of all landscaping.
1 Except when abutting Lagoon. Please refer to BMC (19.48.190). 31 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.030

22.05.040 Parking and Loading

1. Intent. This Section prescribes standards for motor vehicle and bicycle parking areas, loading and access drives, and standards for reducing motor vehicle trips per capita to and from development. These standards are intended to ensure that new development accomplishes the following:

A. Consistency with the intended physical character of walkable environments; B. Provision of bicycle parking to increase bicycle trips and reduce motor vehicle trips per capita; and C. Appropriately limits, screens, and landscapes motor vehicle parking areas to protect and enhance the environmental and visual quality of the community, enhance privacy, attenuate noise, and control dust.

2. On-site Parking. On-site parking is allowed in all zones subject to the standards in this Section.

3. Bicycle Parking Standards. Bicycle parking shall be provided in compliance with the standards of the zone.

4. General Vehicular Parking Standards
A. Sharing of On-Site Parking. Sharing of parking between different uses and developments is allowed.

B. Sharing of Non-Residential Parking Required. If on-site parking spaces for non-residential uses are provided, such spaces shall be made available for use by the general public during at least one of the following time periods:
(1)
(2)
C. Larger Vehicle Parking
(1)
(2)
D. Storage of Unregistered or Inoperable Motor Vehicles. Automotive vehicles, trailers, or vehicles of any kind or type, requiring licenses that are without current license plates or are inoperable shall only be parked within completely enclosed buildings.

E. Cargo or Freight Container. Portable cargo or freight storage containers in any zone for purposes of loading or unloading may be parked or stored on-premise for a period not to exceed 10 days in any one calendar year.

5. Number of Motor Vehicle Parking Spaces Required
A. Required Spaces. The minimum number of parking spaces required is listed in Subsection 6 of the zone. For any use not addressed in Subsection 6 of the zone, parking shall not exceed a ratio equivalent to the average peak parking occupancy rate for the most comparable use in the Institute of Transportation Engineers Parking Generation Manual.
32 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.040
B. Required Number of Parking Spaces
(1) When calculating the required number of parking spaces, numbers shall be rounded down to (2)
(3)
Table 22.05.040.A: Shared Parking Factor for Two Uses
Residential Lodging Office Retail
Residential 1.0 1.1 1.4 1.2
Lodging 1.1 1.0 1.7 1.3
Office 1.4 1.7 1.0 1.2
Retail 1.2 1.3 1.2 1.0
C. Exception in the Event of Changes of Use or Alterations to Existing Buildings or Structures. If an existing building or structure is altered or existing land uses are changed, the existing number of parking spaces on a property may be retained, even if the resulting building, structure or land use would ordinarily be subject to a lower maximum parking allowance.

6. Electric Vehicle Charging. Electric vehicle charging facilities shall be provided in compliance with CA Green Standards Building Code, Title 24, Part 11.
33 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.040

7. Traffic-Reducing Parking Standards
A. Carshare Parking Spaces
(1)
(2)
(a)
(b)
(3)
(4)
B. Carpool Spaces. If parking is provided at a development, parking spaces reserved for use by carpool/vanpool vehicles shall be designated in preferred locations (including, but are not limited to, closest to building entries). The locations of these spaces shall be approved by the City. The minimum number of carpool spaces required is listed in Table C (Required Carpool Parking Spaces).

Table 22.05.040.C: Required Carpool Parking Spaces
Office/Research & Development Uses Carpool Parking Spaces Required ≤ 40 parking spaces None
> 40 parking spaces 10% of the total number of spaces
Other Uses Carpool Parking Spaces Required
All Other Uses None
34 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.040

8. Parking Spaces, Design and Layout
A. Parking Facilities. All off-street parking is required to be located within a carport or garage and shall be designed in compliance with the selected Architectural style of the primary building.

B. Access. On-site parking areas shall be accessed per the following:
(1)
(2)
(3)
35 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.040
C. Driveways
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(c)
(4)
(5)
D. Tandem Parking. Tandem parking is allowed in all zones for all uses, subject to on-site management.

E. Compact Spaces. In parking lots with more than 10 spaces, up to 25 percent of the total number of spaces may be designate as compact spaces. Each compact space shall be a minimum 16 feet in length and a minimum 7.5 feet in width.

F. Identification as to Purpose and Location. On-site parking areas of four or more spaces shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas, while distinguishing such spaces from aisle and other circulation features. 36 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.040
G. Materials
(1)
(a)
(b)
(c)
(2)
H. Landscaping. The landscaping standards identified in Table E (Required Parking Lot Landscaping) shall be applied with the standards of Section 22.05.020 (Screening) and Section 22.05.030 (Landscaping and Lighting).
(1)
(2)
(3)
(4)
I. Location
(1)
(a)
(b)
(c)
37 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.040
Table 22.05.040.E: Required Parking Lot Landscaping
Number of Parking Spaces Percent of Gross Parking Area Required to be Landscaped 10 or fewer None
11 to 20 5' min. wide planter along property line
21 to 50 5%; 5' min. wide planter between every 5 spaces, property line, and building(s)
51 and over 10%; 5' min. wide planter between every 5 spaces, property line, and building(s)
General Landscaping
Required Border 6" high curb or equivalent
Border and Stormwater Curb or equivalent shall include breaks every 4' to provide drainage to retention and filtration areas.

Car Overhangs Shall be prevented by stops
Required Quantity 1 tree per every 10 parking spaces, beginning at 11 total spaces Tree Well Size1 5' min. in any direction
Tree Can Size 15 gallon min.

Tree Box Size 20% of required trees shall be 24" min.

Tree Caliper 1" min.

Tree Height at Installation 7' min. vertical clearance
Tree Characteristics High branching, broad headed, shading form Location Evenly spaced throughout parking lot to provide uniform shade 1 Any vehicle overhang requires the minimum planter area width to be expanded by an equivalent dimension.

J. Size of Parking Lot. Parking lots larger than 10,000 square feet in size shall be broken down into smaller parking areas with planted landscape areas with a minimum width of 15 feet between them to minimize the perceived scale of the total field of stalls. 38 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.040

22.05.050 Public Frontage Standards

1. Intent. Public frontage types provide a coordinated approach to design standards for the area between each design site's private frontage(s) and the adjoining right-of-way or private driveway easement. Public frontage types consist of planters, walkways, curbs, planters, planting and lighting, as illustrated in Table B (Public Frontage Types Overview).

2. Required Improvements. The public frontage along the design site(s) shall be improved per Table A (Required Improvements) and the development scenario that applies to the project.

Table 22. 05.050.A: Required Improvements
Development Scenario
Required Improvements
Infill Design Site
on Existing Block
Two or More
Design Sites
on Existing Block
More Than Half of
Existing Block New Block(s)
Development
consists of one
design site.

Development
consists of two or
more design sites
that are less than
half of the block face.

Development
consists of two or
more design sites
that are more than
half of the block face.

Development
creates one or more
new blocks.
a. Sidewalk. Add missing
segment(s) along abutting front
and/or side street.

R R R R
b. Sidewalk. Repair uneven
segments along abutting front
and/or side street.

R R R N/A
c. Street trees. Add street trees
along abutting front and/
or side street where there is
adequate room to also maintain
sufficient width for traffic lanes,
pedestrian sidewalks, and
bicycle facilities. See Subsection

22.05.030.4.A.(2).

R R R R
d. Crosswalk improvements.

Add crosswalk.

N/A N/A N/A R, Including
adjacent and new
intersection(s).
e. Bicycle facilities. Add bicycle
facilities required in Bicycle and
Pedestrian Master Plan to the
frontage of the development
site. Not applicable to
southwest side of San Rafael
Avenue between Acacia Avenue
and Beach Road.

X X X R, Including bike
lanes.
39 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.050
Key P = Allowed X = Not Allowed
Table 22.05.050.B: Public Frontage Types Overview
Table B (Public Frontage Types Overview) provides an overview of the allowed public frontage types in or abutting each zone.

Zones
Public Frontage
Types
Specific
Standards
T3 T4
SN SN.S SMS.S
Street 22.05.050.C.1 P P X
Avenue/Boulevard 22.05.050.C.2 X X P
Main Street 22.05.050.C.3 X X P

3. Design Standards for Public Frontages. Public frontages shall be designed and maintained in compliance with the following standards:

A. The required elements are identified in and shall be configured according to Table C (Public Frontage Assemblies) and in compliance with Marin Uniform Construction Standards.

B. Planting and landscape selection shall consist of native vegetation that is applicable to Marin County, in compliance with Water Use Classification of Landscape Species (WUCOL IV).

4. Pedestrian Crossings
A. Curb Ramps. Perpendicular corner curb ramps with a separate ramp installed in each direction are required.

B. Crosswalks. Crosswalks shall be designed per the City's applicable standards and applicable State guidelines and standards.
(1) Standard Crosswalk. Crosswalk Width: 12' min.

5. Allowed Public Frontage Types
A. Street. The Street Frontage includes raised curbs drained by inlets with sidewalks separated from vehicular lanes by individual or continuous planters. Landscaping consists of street trees of a single or alternating species aligned and spaced at 35' intervals on average.

B. Avenue/Boulevard. The Avenue/Boulevard Frontage has raised curbs drained by inlets and wide sidewalks separated from the vehicular lanes by a continuous planter, with parking on both sides.

Landscaping consists of single or double rows of a single or alternating tree species aligned and spaced at 35' intervals on average.

C. Main Street. The Main Street Frontage includes raised curbs drained by inlets with very wide sidewalks along both sides separated from the vehicular lanes by individual tree wells with grates.

Landscaping consists of a single tree species aligned and spaced at 35' intervals on average. 40 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.050
Table 22.05.050.C: Public Frontage Assemblies
Table C (Public Frontage Assemblies) identifies the required elements and dimensions of each public frontage type.

Street

22.05.060.C.1
Avenue/Boulevard

22.05.060.C.2
Main Street

22.05.060.C.3
Assembly. The type
and dimension of curbs,
walkways, and planters.

PUBLIC FRONTAGE: STREET PUBLIC FRONTAGE: AVENUE/BOULEVARD PUBLIC FRONTAGE: MAIN STREET PUBLIC FRONTAGE: STREET PUBLIC FRONTAGE: AVENUE/BOULEVARD PUBLIC FRONTAGE: MAIN STREET Total Width 11' min. 13' min. 16' min.

Note: See below for required elements of each assembly
a. Curb. The detailing
of the edge of the
vehicular pavement,
incorporating drainage.
i. Type Raised Curb Raised Curb Raised Curb
b. Walkway. The
pavement dedicated
exclusively to
pedestrian activity.
i. Type Walkway Walkway Walkway
ii. Width 6' min. 8' min. 12' min.

Note: Placement of curb ramps shall match the desired path of pedestrian travel. See Marin County Uniform Construction Standards for curb ramp design.
c. Planter. The area
that accommodates
street trees and other
landscaping.

Arrangement Regular Regular Regular
Types Planting Strips along curb edge
and R.O.W. edge
Planting Strips along curb Tree Wells (shall be located between walkway and curb)
Width 5' min. 5' min. 4' min.
41 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.050

22.05.060 Privacy Standards

1. Intent. These standards are designed to provide privacy between primary living spaces of buildings on each side of a design site line in T3 and T4 zones. Windows and balconies along the side of a building within 20 feet of an interior side design site line in T3SN or T4SN.S zones are subject to these standards.

2. Standards
A. Primary living spaces adjoining a side setback shall orient principal/main windows/glazed openings toward the front and rear of the building.

B. Windows and balconies within 10 feet of and oriented to an interior design site setback:
(1) Shall have a minimum sill height of five feet unless the window is placed at an angle of at least 30 degrees, measured perpendicular to the adjacent side design site line.

Figure 22.05.060.1: Sill Height Standards along Interior Design Site Line Privacy Standards Diagram
Key
Design Site Line
Side Yard Setback Line
10' of Design Site Line
Principal Window
5' min. Sill Height
No Limitation on Sill Heights
42 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.060

22.05.070 Location of Density Bonus Height/Floor Area on Sloped Design Sites

1. Intent. This Section provides the standards for the location of additional height and/or floor area resulting from a density bonus on design sites with sloped topography. For the purposes of this Section, sloped topography is a slope of six percent or more.

2. Topography and Required Location of Density Bonus Height/Floor Area A. Figure 1 (Allowed Location of Density Bonus Height/Floor Area from Front to Rear of a Sloped Design Site for 2.5-Story Zones) identifies the allowed locations for additional height and/or floor area resulting from a density bonus on a sloped design site.

B. Density Bonus height/floor area shall be located as identified in Figure 1 and Table A (Allowed Location of Density Bonus Height/Floor Area).

C. Figure 1 is illustrative. The actual width and length of Density Bonus areas is dependent on the actual dimensions of the parcel and the various slopes within the parcel. 43 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.070
Figure 22.050.070.1: Allowed Location of Density Bonus Height/Floor Area of a Sloped Design Site for 2.5-Story Zones

2.5 stories max. (3 stories max. with Density Bonus)
Longitudinal Section Transverse Section
Max. Bonus Height Line (feet)
Max. Height Line (feet)
Building Main Body
Building Wings
Bonus Height Massing (full story)
Allowed Location of Bonus Height/Floor Area
Longitudinal; 2.5 / 3 stories Front
Front
Plan View
Max. Bonus Height Line (feet)
Max. Height Line (feet)
Building Main Body
Building Wings
Building Basement or Cellar (not counted as a story)
Bonus Height Massing (full story)
Allowed Location of Bonus Height/Floor Area
Transverse; 2.5 / 3 stories
Front
Plan View
Max. Bonus Height Line (feet)
Max. Height Line (feet)
Building Main Body
Building Wings
Bonus Height Massing (full story)
Allowed Location of Bonus Height/Floor Area
Longitudinal; 2.5 / 3 stories
Street Design Site Design Site Street Front Rear Rear Front Max. Bonus Height Line (feet)
Max. Height Line (feet)
Building Main Body
Building Wings
Building Basement or Cellar (not counted as a story)
Bonus Height Massing (full story)
Allowed Location of Bonus Height/Floor Area
Transverse; 2.5 / 3 stories
Design Site Design Site
Side
SideSide
Side
Key
Max. Bonus Height Allowed by Zone
Max. Height Allowed by Zone
Max. Bonus Height Line (feet)
Max. Height Line (feet)
Bonus Height Massing (stories)
Height Massing (stories)
Allowed Locations of Density Bonus Height/Floor Area Required within the Volume of the Roof Building Main Body Max. Height without Density Bonus
Building Wing(s) Max. Height without Density Bonus
Max. Size Allowed for Main Body in Subsection 3 of the Building Type Standards Max. Size Allowed for Wing(s) in Subsection 3 of the Building Type Standards Building Wing(s) Max. Height without Density Bonus Shall be One Story Less than Main Body Height without Density Bonus
44 General to Design Sites
City of Belvedere Objective Design and Development Standards May 16, 2022

22.05.070
Table 22.05.070.A: Allowed Location of Density Bonus Height/Floor Area Allowed Location 1 In Roof Volume 2, 3 Not within Roof Volume 2, 3 In Wing(s) House-Scale Buildings
Houses 5 N/A N/A N/A
Duplex Side-by-Side P X P 7
Duplex Stacked P X P 7
Fourplex P X P 7
Neighborhood Townhouse 6 P X P 7
Neighborhood Courtyard P P 4 N/A
Multiplex P P 4 P 6
Block-Scale Buildings
Main Street Building P P N/A
1 In compliance with Subsection 3 of the zone
2 Of highest story allowed for the building type in the zone 3 10' minimum stepback required on design site with 6% or more slope 4 Except on design site with less than 6% slope
5 The type consists of 1 unit per building maximum.
6 Bonus units are only applicable when building type includes 2 or more units. 7 Wing allowed to match number of stories in primary building.

Key P = Allowed X = Not Allowed N/A = Not Applicable
45 General to Design Sites
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.05.070
46 General to Design Sites
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22.06.010 Purpose
This Chapter provides the standards for development of individual building types to achieve the intended physical character of each zone, offer housing choices and affordable housing opportunities, and incubate small businesses as amenities.

22.06.020 Building Types

1. Building types are used to articulate size, scale, and intensity according to the intent of each zone.

2. Building types are categorized into two groups: House-Scale Buildings and Block-Scale Buildings. See Figure 1 (Example of House-Scale and Block-Scale Buildings) for examples.

A. House-Scale Buildings. Buildings that are the size of a house, typically ranging in footprint from as small as 25 feet up to 80 feet overall; and
B. Block-Scale Buildings. Buildings that are individually as large as most or all of a block or, when arranged together along a street, appear as long as most or all of a block.

3. The design site size standards for each building type are set in each zone to generate pedestrianoriented buildings within the overall intended physical character of each zone. The design site size standard identifies the range of design site sizes on which the given building type is allowed to be built.

4. Certain building types have additional standards beyond the zone standards to further calibrate the type for its context.

Chapter 6: Specific to Building Types
Sections:

22.06.010 Purpose

22.06.020 Building Types

22.06.030 Overview of Building Types

22.06.040 House

22.06.050 Duplex Side-by-Side

22.06.060 Duplex Stacked

22.06.070 Cottage Court

22.06.080 Fourplex

22.06.090 Neighborhood Townhouse

22.06.100 Neighborhood Courtyard

22.06.110 Pocket Neighborhood

22.06.120 Multiplex

22.06.130 Main Street Building
May 16, 2022 City of Belvedere Objective Design and Development Standards 47

5. Each design site shall have only one primary building type, except as follows, and in compliance with all standards:

A. The Cottage Court (Section 22.06.070) may consist of up to nine individual buildings; B. The Pocket Neighborhood (Section 22.06.110) may consist of up to five buildings; and C. More than one building type is allowed on a parcel that identifies proposed multiple design site lines that meet the standards of this Section. See Figure 2 (Example of Multiple Design Sites on One Parcel).
(1) Examples:
(a) A parcel large enough to accommodate multiple design sites but smaller than the size of a block; or
(b) A parcel large enough to create one or more new blocks.

6. On-site open space. The standards identify only the required type (private or common) and amount. For example, if the type only has standards for private open space, common open space is not required for that building type. The identified amount is for the entire building unless specified otherwise.

7. Parking may be designed as tuck-under, detached garage(s), podium or subterranean, in compliance with the zone standards for parking placement.

8. Wings are required to be smaller in size and height than the main body to visually reduce the overall size of a building. To further this objective, the standards specify the amount that wings are required to be offset from the main body so that their facades are not aligned. Wings may be the same number of stories and height as the main body when a density bonus is applied to the building.

9. The maximum number of units identified for each building type is dependent on the design site being large enough to accommodate the zone's standards (e.g., parking).

10. Individual designs may vary from the diagrams for each building type in compliance with the standards of this Chapter and Chapter 8 (Specific to Architectural Design).

11. New buildings and their improvements are subject to the City's local standards for Fire Safety and Building Safety.
48 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.020
Figure 22.06.020.1 Example of House-Scale and Block-Scale Buildings House-Scale Buildings
Main body only Main body only
Main body with side and rear wings Main body with rear wing Block-Scale Buildings
49 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.020
Figure 22.06.020.2 Example of Multiple Design Sites on One Parcel Front Street
Side Street
One parcel
Front Street
Side Street
One parcel proposed for three design sites. Each design site is sized in compliance with the width and depth standards in Subsection 2 of the zone.

Front Street
Side Street
One parcel with three resulting primary buildings in compliance with required setbacks. Individual design sites are not required to be recorded as new parcels.

Larger examples of this approach are parcels that are large enough to make new block(s).

Key
Parcel Line
Design Site Line
Primary Building Type
50 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.020

22.06.030 Overview of Building Types
Table A ( Building Types Overview) provides an overview of the allowed building types in each zone. The names of the building types are not intended to limit uses within a building type. For example, a Duplex may have non-residential uses within it as allowed by the zone.

Table 22.06.030.A: Building Types Overview
Specific
Standards
T4
T3SN SN.S SMS.S
House Scale
House 22.06.040 P P P
Duplex Side-by-Side 22.06.050 P X X
Duplex Stacked 22.06.060 X P X
Cottage Court 22.06.070 P P X
Fourplex 22.06.080 P P X
Neighborhood Townhouse 22.06.090 P P P
Neighborhood Courtyard 22.06.100 X P P
Pocket Neighborhood 22.06.110 P P X
Multiplex 22.06.120 X P P
Block Scale
Main Street Building 22.06.130 X X P
Key P = Allowed X = Not Allowed
51 Specific to Building Types
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22.06.030
52 Specific to Building Types
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22.06.040 House
Example of House
Example of House
Example of House

1. Description
A small-to-medium-sized, detached, House-Scale Building with one unit, small-to-medium setbacks, a rear setback, and located within a low-intensity, walkable neighborhood.

2. Number of Units
Units per Building 1 max.1
Buildings per Design Site 1 max.1
1 Not including ADU
General Note: Photos on this page are illustrative, not regulatory. 53 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.040
BUILDING TYPE: HOUSE

4. Pedestrian Access
Main Entrance Location Front Street

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Private Open Space
Area 300 sf min.

Required setbacks and driveways do not count toward open space.

Required private open space shall be located behind the main body of the building.

3. Building Size and Massing
Height
Stories 2.5 max.

Main Body4
Width 36' max.

Depth 48' max.

Wing(s) 3,4
Width 20' max.

Depth 20' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.

Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
3 In compliance with Subsection 4 of the zone
4 Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Front Street Front Street Side Street
Side Street
Alley access required if alley exists Alley access required if alley exists ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
BUILDING TYPE: HOUSE, SMALL
54 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.040: House

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Front Gable
This massing type is a simple rectilinear form that is deeper than it is long. The roof is sloped and may be either hipped or gabled.

Number of Bays 3-5 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Side Gable
This massing type is a simple rectilinear form that is longer than it is deep. The roof is sloped and may be either hipped or gabled.

Number of Bays 3-5 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Gable L (2/3 + 1/3)
This massing type divides the facade into three equal parts, 1 part projecting and 2/3 as a wing. The roof is sloped with a gable at the projecting 1/3.

Number of Bays 3 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/3
1/3
55 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.040: House

22.06.050 Duplex Side-by-Side
Example of Duplex Side-by-Side
Example of Duplex Side-by-Side
Example of Duplex Side-by-Side

1. Description
A small-to-medium-sized, detached, House-Scale Building with small-to-medium setbacks and a rear setback. The
building consists of two side-by-side units, both facing the street and within a single Building massing. The type has the appearance of a medium-to-large, single-unit house and is scaled to fit within lower-intensity neighborhoods.

2. Number of Units
Units per Building 2 max.

Buildings per Design Site 1 max.

General Note: Photos on this page are illustrative, not regulatory. 56 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022 BUILDING TYPE: BUILDING TYPE: DUPLEX, SIDE-BY-SIDE DUPLEX, SIDE-BY-SIDE

4. Pedestrian Access
Main Entrance Location Front Street4
Each unit shall have an entry facing the street on or within 15' of the front facade.
4 On corner design sites, each unit shall front a different street.

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Common Open Space
Width 15' min.

Depth 15' min.

Required setbacks and driveways do not count toward open space.

Required private open space shall be located behind the main body of the building.

3. Building Size and Massing
Height
Stories 2.5 max.

Main Body2
Width 48' max.

Depth 36' max.

Wing(s)2,3
Width 15' max.

Depth 24' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.

Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
2 In compliance with Subsection 4 of the zone
3 Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Front Street Front Street Side Street
Side Street
Alley access required if alley exists Alley access required if alley exists ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
BUILDING TYPE: HOUSE, SMALL
57 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.050: Duplex Side-by-Side

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Side Gable
This massing type is a simple rectilinear form that is longer than it is deep. The roof is sloped and may be either hipped or gabled.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Gable L (2/3 + 1/3)
This massing type divides the facade into three equal parts, 1 part projecting and 2/3 as a wing. The roof is sloped with a gable at the projecting 1/3.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/3
1/3
Gable L (2/5 + 3/5)
This massing type divides the facade into five equal parts, with two parts projecting and three parts set back to create a shallow forecourt. The roof is sloped with gables at the projecting two parts.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/5
3/5
58 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.050: Duplex Side-by-Side

7. Main Body Massing Composition (Continued)
Twin Gable
This massing type divides the facade into three parts, with the middle part set back slightly to create a shallow open space. The roof is sloped and may be either hipped or
gabled.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
59 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.050: Duplex Side-by-Side
60 Specific to Building Types
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22.06.060 Duplex Stacked
Example of Duplex Stacked
Example of Duplex Stacked
Example of Duplex Stacked

1. Description
A small-to-medium-sized, detached, House-Scale Building with small-to-medium setbacks and a rear setback. The
building consists of two stacked units, both facing the street and within a single building massing. The type has the
appearance of a medium-to-large, single-unit house and is scaled to fit within lower-intensity neighborhoods.

2. Number of Units
Units per Building 2 max.

Buildings per Design Site 1 max.

General Note: Photos on this page are illustrative, not regulatory. 61 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.060
BUILDING TYPE: BUILDING TYPE: DUPLEX DUPLEX , STACKED , STACKED

4. Pedestrian Access
Main Entrance Location Front Street3
Each unit shall have an entry facing the street on or within 15' of the front facade.
3 On corner design sites, each unit shall front a different street.

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Private Open Space
Width 15' min.

Depth 15' min.

Required setbacks and driveways do not count toward open space.

Required private open space shall be located behind the main body of the building.

3. Building Size and Massing
Height
Stories 2.5 max.

Main Body1
Width 36' max.

Depth 48' max.

Wing(s)1,2
Width 15' max.

Depth 24' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.

Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
1 In compliance with Subsection 4 of the zone
2 Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Front Street Front Street
Side Street
Alley access required if alley exists Alley access required if alley exists Side Street ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
BUILDING TYPE: HOUSE, SMALL
62 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.060: Duplex Stacked

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Front Gable
This massing type is a simple rectilinear form that is deeper than it is long. The roof is sloped and may be either hipped or gabled.

Number of Bays 2-3 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Side Gable
This massing type is a simple rectilinear form that is longer than it is deep. The roof is sloped and may be either hipped or gabled.

Number of Bays 3-5 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Gable L (2/3 + 1/3)
This massing type divides the facade into three equal parts, 1 part projecting and 2/3 as a wing. The roof is sloped with a gable at the projecting 1/3.

Number of Bays 2-3 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/3
1/3
63 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.060: Duplex Stacked
64 Specific to Building Types
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22.06.070 Cottage Court
Example of Cottage Court
Example of Cottage Court
Example of Cottage Court

1. Description
A group of up to nine small, detached, House-Scale Buildings arranged to define a shared court open to and visible from the street. The shared court is common open space and
takes the place of a private rear setback, thus becoming an important community-enhancing element. The type is scaled to fit within low-to-moderate-intensity neighborhoods and in non-residential contexts.

Synonym: Bungalow Court

2. Number of Units
Units per Building 1 max.

Buildings per Design Site 3 min.; 9 max.1
1 In the T4SN.S zone, the rearmost Cottage may contain up to 2 units, for a total of 10 units.

General Note: Photos on this page are illustrative, not regulatory. 65 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.070

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

Spaces may be individually accessible by the units and/or common parking area(s) at rear or side of design site.

6. Open Space
Common Open Space
Width 20' min. clear
Depth 75' min. (3-4 units)
90' min. (5-9 units)
Required setbacks and driveways do not count as open
space.

Up to 1/3 of the shared court(s) may be used for stormwater management if designed as a rain garden or bioswale.

7. Miscellaneous
Fencing
Fencing only allowed around or between individual buildings and shall not exceed 36" in height.

Visibility shall be maintained through the fencing.

3. Building Size and Massing
Height
Stories 1.5 max.

To Highest Eave/parapet 18' max.

Main Body2
Width 32' max.

Depth 32' max.

Separation between Cottages 7' min.

Wing(s)
Not Allowed

4. Pedestrian Access
Shared court shall be accessible from front street.

Pedestrian Path Setbacks
From Building Entrance 6' min.

Main entrance to units required from shared court.

Units on a corner may enter from the side street.

Pedestrian connections shall connect all buildings to
the public ROW, shared court, and parking areas.

Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
2 In compliance with Subsection 4 of the zone
Front Street Front Street
Alley access required if alley exists Alley access required if alley exists ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Common Open Space
Key
BUILDING TYPE: HOUSE, SMALL
66 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.070: Cottage Court

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width for each building in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Front Gable
This massing type is a simple rectilinear form that is deeper than it is long. The roof is sloped and may be either hipped or gabled.

Number of Bays 2-3 bays
Main Body Width Max. allowed by Subsection 3
of this building type
67 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.070: Cottage Court

22.06.080 Fourplex
Example of Fourplex
Example of Fourplex
Example of Fourplex

1. Description
A small-to-medium-sized, detached, House-Scale Building that consists of three to four side-by-side and/or stacked units, typically with one shared entry or individual entries along the front. The type has the appearance of a mediumsized, single-unit house and is scaled to fit within low- to moderate-intensity neighborhoods.

2. Number of Units
Units per Building 3 min.; 4 max.

Buildings per Design Site 1 max.

General Note: Photos on this page are illustrative, not regulatory. 68 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022 BUILDING TYPE: BUILDING TYPE: MULTIPLEX MULTIPLEX SMALL SMALL

4. Pedestrian Access
Main Entrance Location Front Street
Each unit may have an individual entry.

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Common Open Space3
Width 15' min.

Depth 15' min.

Required setbacks and driveways do not count toward open space.

Required common open space shall be located behind the
main body of the building.
3 None is required if the building is within 800' of public open space

3. Building Size and Massing
Height
Stories 2.5 max.

Main Body1
Width 48' max.

Depth 48' max.

Wing(s)1,2
Width 15' max.

Depth 20' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.

Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
1 In compliance with Subsection 4 of the zone
2 Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Front Street Front Street Side Street
Side Street
Alley access required if alley exists Alley access required if alley exists ROW/ Design Site Line
Building Setback Line
Frontage
Common Open Space
Key
BUILDING TYPE: HOUSE, SMALL
ROW/ Design Site Line
Building Setback Line
Building
Key
69 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.080: Fourplex

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Front Gable
This massing type is a simple rectilinear form that is deeper than it is long. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Side Gable
This massing type is a simple rectilinear form that is longer than it is deep. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Gable L (2/3 + 1/3)
This massing type divides the facade into three equal parts, 1 part projecting and 2/3 as a wing. The roof is sloped with a gable at the projecting 1/3.

Number of Bays 3 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/3
1/3
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22.06.080: Fourplex

7. Main Body Massing Composition (Continued)
Gable L (2/5 + 3/5)
This massing type divides the facade into five equal parts, with two parts projecting and three parts set back to create a shallow forecourt. The roof is sloped with gables at the projecting two parts.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/5
3/5
Twin Gable
This massing type divides the facade into three parts, with the middle part set back slightly to create a shallow open space. The roof is sloped and may be either hipped or
gabled.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
71 Specific to Building Types
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22.06.080: Fourplex
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22.06.090 Neighborhood Townhouse
Example of Neighborhood Townhouse
Example of Neighborhood Townhouse
Example of Neighborhood Townhouse

1. Description
A small-sized, typically attached, House-Scale Building (up to four side-by-side) with a rear setback. As allowed by the zone, the type may also be detached with minimal separations between buildings. The type is typically located within low-to-moderate-intensity neighborhoods.

Synonym: Rowhouse

2. Number of Units
Units per Building 2 max.

Buildings per Design Site1 4 max.
1 Only 2 side-by-side allowed in T3SN
General Note: Photos on this page are illustrative, not regulatory. 73 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.090
BUILDING TYPE: TOWNHOUSE- Neighborhood BUILDING TYPE: TOWNHOUSE- Neighborhood 4. Pedestrian Access Main Entrance Location Front Street
Each unit shall have an individual entry facing a street.

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Private Open Space
Width 8' min.

Depth 8' min.

Required setbacks and driveways do not count toward open space.

Required private open space shall be located behind the main body of the building.

3. Building Size and Massing
Height T3SN4 T4SN.S
T4SMS.S
Stories 2.5 max.

Main Body1
Width per Unit2 24' min.;
30' max.
18' min.

Depth per Unit2 40' max.

Width per Building 60' max. 120' max.

Wing(s)1,3
Width 14' max.

Depth 25' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.

Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
1 In compliance with Subsection 4 of the zone
2 Represents up to 2 stacked units.
3 Height is limited to 1 story less than main body and 10' less to highest eave/parapet.
4 A max of 2 per site in the T3SN
Front Street
Alley access required if alley exists
Front Street
Alley access required if alley exists
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
BUILDING TYPE: HOUSE, SMALL
74 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.090: Neighborhood Townhouse

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Side Gable
This massing type is a simple rectilinear form that is longer than it is deep. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Twin Gable
This massing type divides the facade into three parts, with the middle part set back slightly to create a shallow open space. The roof is sloped and may be either hipped or
gabled.

Number of Bays 3-4 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Center Gable (1/3 + 1/3 + 1/3)
This massing type divides the facade into three equal parts, with the middle third projecting. The roof is sloped and may be either hipped or gabled.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 1/3 each
75 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.090: Neighborhood Townhouse
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22.06.100 Neighborhood Courtyard
Example of Neighborhood Courtyard
Example of Neighborhood Courtyard
Example of Neighborhood Courtyard

1. Description
A detached, House-Scale Building that consists of up to 16 multiple attached and/or stacked units, accessed from a shared courtyard. The shared court is common open
space and takes the place of a rear setback. The type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate-intensity neighborhoods.

Synonym: Courtyard Apartment

2. Number of Units
T4SN.S T4SMS.S
Units per Building 12 max. 16 max.

Buildings per Design Site 1 max.

General Note: Photos on this page are illustrative, not regulatory. 77 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.100
BUILDING TYPE: BUILDING TYPE: COURTYARD COURTYARD APARTMENT APARTMENT , Neighborhood , Neighborhood

4. Pedestrian Access
Main Entrance Location2 Courtyard or Street
2 The main entry of ground floor units shall be directly off of a courtyard or street, whichever is closer.

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Common Open Space L-shaped U-shaped
Width 20' min. 25' min.

Depth 30' min. 60' min.

Courtyard(s) shall be accessible from the front street.

Multiple courtyards are required to be connected via a
Passage through or between buildings.

Building shall define at least three walls of the courtyard.

Up to 1/3 of the shared court(s) may be used for stormwater management if designed as a rain garden or bioswale.

Front of courtyard not defined by building shall be defined by 2'-6" to 5' tall wall with entry gate/door.

3. Building Size and Massing
Height
Stories 2.5 max.

Main Body1
Width 100' max.

Depth 100' max.

Wing(s)
Not Allowed
Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
1 In compliance with Subsection 4 of the zone
Front Street Front Street Side Street
Side Street
Alley access required if alley exists Alley access required if alley exists ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Common Open Space
Key
BUILDING TYPE: HOUSE, SMALL
78 Specific to Building Types
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22.06.100: Neighborhood Courtyard

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Gabled Courtyard
This massing type divides the facade into three parts, with the middle part set back substantially to create a deep open space. The roof is sloped and may be either hipped or gabled.

Number of Bays 6-9 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Gabled L Courtyard
This massing type divides the facade into two parts, with one part set back substantially to create a deep open space. The roof is sloped and may be either hipped or gabled.

Number of Bays 4-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
79 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.100: Neighborhood Courtyard
80 Specific to Building Types
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22.06.110 Pocket Neighborhood
Example of Pocket Neighborhood
Example of Pocket Neighborhood
Example of Pocket Neighborhood

1. Description
A group of up to 5 detached, House-Scale Buildings each containing one to four units, arranged to define a shared open space. The shared open space is common open
space and takes the place of a private rear setback, trees become an important community-enhancing element.

The type is scaled to fit within low-to-moderate intensity neighborhoods.

2. Number of Units
T3SN T4SN.S
Units per Building 2 max. 4 max.

Buildings per Design Site 5 max.

General Note: Photos on this page are illustrative, not regulatory.

Source: Starr Hill Vision Plan
Source: Ross Chapin
Source: Ross Chapin
81 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.110
BUILDING TYPE: POCKET NEIGHBORHOOD

3. Building Size and Massing
Main Body1
Stories 2.5 max.

Buildings along Front and Side Street
Width 60' max.

Depth 40' max.

Buildings along Side and Rear
Width 36' max.

Depth 48' max.

Side Setback in Addition to Zone Setback 5' min.

Building Separation2
Between 1-story Buildings 10' min.

Between Buildings > 1-story 15' min.

3. Building Size and Massing (Continued)
Community Building1,3
Stories 2.5 max.

Width 40' max.

Depth 30' max.

Wing(s)
Not Allowed
Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).

No single-unit buildings allowed along the front or side street 1 In compliance with Subsection 4 of the zone
2 Including community building
3 Shall front on common open space and is not allowed along front or side street
Front Street
ROW/ Design Site Line
Building Setback Line
Building
Community Building
Key BUILDING TYPE: POCKET NEIGHBORHOOD
82 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.110: Pocket Neighborhood
GHBORHOOD Front Street

4. Pedestrian Access
Main Entrance Location
Buildings with 1 Unit4 At Common Open Space
Buildings with 2 or more Units At Front or Side Street
Pedestrian Path Width
Along Buildings and Open Space 5' min.

At Front or Side Street Connection 10' min.

Pedestrian Path Setbacks
From Building Entrance 12' min.

From Side of Building 8' min.
4 Max. 40' from edge of common open space

5. Vehicle Access and Parking
Offset from Buildings 5' min.

Driveway and parking location shall comply with standards in Subsection 6 of the zone.

Parking not allowed along private or common open space.

Parking may be covered, uncovered, or in a garage.

Turnaround access required in compliance with Fire
Department standards.

6. Open Space
Private Open Space per Building
Required for full length of building at all facades adjacent or abutting a pedestrian path or common open space
Common Open Space5 5 Bldgs.6
Width 30' min.

Depth 40' min.

7. Miscellaneous
Fencing
Fencing only allowed around or between individual buildings and shall not exceed 36" in height.

Visibility shall be maintained through the fencing.
5 Shall provide access from front or side street
6 Not including community building
ROW/ Design Site Line
Building Setback Line
Frontage
Key
Private Open Space
Common Open Space
Key
BUILDING TYPE: POCKET NEIGHBORHOOD
83 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.110: Pocket Neighborhood

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width for each building in compliance with Chapter 8 (Specific to Architectural Design). 1-2 Units per Building
Gable L (2/3 + 1/3)
Number of Bays 3 bays
Main Body Width Max. allowed by Subsection 3
of this building type
1-4 Units per Building
Front Gable
Number of Bays 2-3 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Side Gable
Number of Bays 3-5 bays
Main Body Width Max. allowed by Subsection 3
of this building type
84 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.110: Pocket Neighborhood

7. Main Body Massing Composition (Continued)
2-4 Units per Building
Gable L (2/5 + 3/5)
Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Twin Gable
Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
85 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.110: Pocket Neighborhood

22.06.120 Multiplex
Example of Multiplex
Example of Multiplex
Example of Multiplex including bonus height

1. Description
A medium-to-large-sized, detached, House-Scale Building that consists of 5 to 12 side-by-side and/or stacked units, typically with one shared entry. The type is scaled to fit within moderate-intensity neighborhoods.

Synonym: Mansion Apartment

2. Number of Units
Units per Building 12 max.

Buildings per Design Site 1 max.

General Note: Photos on this page are illustrative, not regulatory. 86 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022 BUILDING TYPE: MULTIPLEX
At smaller scale (1"=50', others are 1"=40')
BUILDING TYPE: MULTIPLEX
At smaller scale (1"=50', others are 1"=40')

4. Pedestrian Access
Main Entrance Location Front Street
Units located in the main body shall be accessed by a
common entry along the front street.

On corner design sites, units in a wing may enter from the side street.

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Common or private open space is not required.

3. Building Size and Massing
Height
Stories 2.5 max.

Main Body1
Width 60' max.

Depth 60' max.

Wing(s)1,2
Width 24' max.

Depth 40' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.

Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
1 In compliance with Subsection 4 of the zone
2 Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Front Street Front Street Side Street
Side Street
Alley access required if alley exists Alley access required if alley exists ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Key
87 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.120: Multiplex

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Side Gable
This massing type is a simple rectilinear form that is longer than it is deep. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Gable L (2/3 + 1/3)
This massing type divides the facade into three equal parts, 1 part projecting and 2/3 as a wing. The roof is sloped with a gable at the projecting 1/3.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/3
1/3
Gable L (2/5 + 3/5)
This massing type divides the facade into five equal parts, with two parts projecting and three parts set back to create a shallow forecourt. The roof is sloped with gables at the projecting two parts.

Number of Bays 5 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/5
3/5
88 Specific to Building Types
City of Belvedere Objective Design and Development Standards May 16, 2022

22.06.120: Multiplex

7. Main Body Massing Composition (Continued)
Center Gable (1/3 + 1/3 + 1/3)
This massing type divides the facade into three equal parts, with the middle third projecting. The roof is sloped and may be either hipped or gabled.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 1/3 each
Twin Gable
This massing type divides the facade into three parts, with the middle part set back slightly to create a shallow open space. The roof is sloped and may be either hipped or
gabled.

Number of Bays 3-6 bays
Main Body Width Max. allowed by Subsection 3
of this building type
89 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.120: Multiplex
90 Specific to Building Types
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22.06.130 Main Street Building
Example of Main Street Building
Example of Main Street Building
Example of Main Street Building

1. Description
A small-to-large-sized, Block-Scale Building, typically attached, but may be detached. The type is intended to
provide a vertical mix of uses with ground-floor retail, office, or service uses and upper-floor service or residential uses.

The type makes up the primary component of neighborhood and downtown main streets, therefore being a key
component to providing walkability.

2. Number of Units
Units per Building Unrestricted1
Buildings per Design Site 1 max.
1 Number of units restricted by International Building Code (IBC) and Uniform Fire Code (UFC) standards.

General Note: Photos on this page are illustrative, not regulatory. 91 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.130
BUILDING TYPE: MIXED-USE BUILDING TYPE: MIXED-USE

4. Pedestrian Access
Distance between Entries
to Ground Floor Shops
50' max.

Upper floor units shall be accessed by a common entry
along the front street.

Ground floor shops shall have individual entries along
the adjacent street.

Ground floor units allowed along side street at least 60' from front of design site.

On corner design sites, units in a wing or accessory
structure may enter from the side street.

5. Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Subsection 6 of the zone.

Parking may be covered, uncovered, or in a garage.

6. Open Space
Common or private open space is not required.

3. Building Size and Massing
Height
Stories 2.5 max.

Main Body2
Width 100 max.

Depth 90 max.

Wing(s)
Not Allowed
Facades shall be designed in compliance with Chapter 8
(Specific to Architectural Design).
2 In compliance with Subsection 4 of the zone
Outline of Building above
Front Street Front Street Side Street
Side Street
Alley access required if alley exists Alley access required if alley exists ROW/ Design Site Line
Building Setback Line
Frontage
Key
ROW/ Design Site Line
Building Setback Line
Building
Key
92 Specific to Building Types
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22.06.130: Main Street Building

7. Main Body Massing Composition
Select from the allowed massing proportions and apply the standards to the main body width in compliance with Chapter 8 (Specific to Architectural Design) and the following standards.

Flat Box
This massing type is a simple rectilinear form that is deeper than it is long. The roof is flat.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Flat Bar
This massing type is a simple rectilinear form that is longer than it is deep. The roof is flat.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Flat L (2/5 + 3/5)
This massing type divides the facade into five equal parts, with two parts projecting and three parts set back to create a shallow forecourt. The roof is flat.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/5
3/5
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May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.130: Main Street Building

7. Main Body Massing Composition (Continued)
Flat L (2/3 + 1/3)
This massing type divides the facade into three equal parts, 1 part projecting with a gable roof and 2/3 as a wing. The roof is flat.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/3
1/3
Flat T (1/3 + 1/3 + 1/3)
This massing type divides the facade into three equal parts, with the middle third projecting. The roof is flat.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 1/3 each
Flat Forecourt
This massing type divides the facade into three parts, with the middle part set back slightly to create a shallow open space. The roof is flat.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
94 Specific to Building Types
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22.06.130: Main Street Building

7. Main Body Massing Composition (Continued)
Flat Courtyard
This massing type divides the facade into three parts, with the middle part set back substantially to create a deep open space. The roof is flat.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Front Gable
This massing type is a simple rectilinear form that is deeper than it is long. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Side Gable
This massing type is a simple rectilinear form that is longer than it is deep. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
95 Specific to Building Types
May 16, 2022 City of Belvedere Objective Design and Development Standards

22.06.130: Main Street Building

7. Main Body Massing Composition (Continued)
Gable L (2/5 + 3/5)
This massing type divides the facade into five equal parts, with two parts projecting and three parts set back to create a shallow forecourt. The roof is sloped with gables at the projecting two parts.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/5
3/5
Gable L (2/3 + 1/3)
This massing type divides the facade into three equal parts, 1 part projecting and 2/3 as a wing. The roof is sloped with a gable at the projecting 1/3.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 2/3
1/3
Center Gable (1/3 + 1/3 + 1/3)
This massing type divides the facade into three equal parts, with the middle third projecting. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Massing Proportions 1/3 each
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22.06.130: Main Street Building

7. Main Body Massing Composition (Continued)
Twin Gable
This massing type divides the facade into three parts, with the middle part set back slightly to create a shallow open space. The roof is sloped and may be either hipped or
gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
Gabled Courtyard
This massing type divides the facade into three parts, with the middle part set back substantially to create a deep open space. The roof is sloped and may be either hipped or gabled.

Number of Bays Flexible
Main Body Width Max. allowed by Subsection 3
of this building type
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22.06.130: Main Street Building
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22.07.010 Purpose
This Chapter provides the standards for private frontages ("frontages"). Private frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (setback or building).

22.07.020 Private Frontage Types

1. The names of the private frontage types indicate their particular configuration or function and are not intended to limit uses within the associated building. For example, a Porch may be used by nonresidential uses including, but not limited to, a restaurant or office, as allowed by the zone.

2. Each building is required to include at least one private frontage type along the front street or adjacent civic space. Buildings with entries along a side street are required to include at least one private frontage type on those facades.

3. The ground floor, for a minimum depth as identified in Subsection 3 of the zone, is required to be habitable/occupiable space in compliance with this Chapter. Accessibility is provided through the allowed private frontage types for each zone.

4. Private frontage types not listed in Subsection 7 of the zone are not allowed in that zone.

5. Each building may have multiple private frontage types in compliance with the allowed types in Subsection 7 of the zone.

6. Each private frontage type shall be located in compliance with the facade zone per Subsection 4 of the zone.

7. Standards are stated for the front and side street facades of a design site.

Chapter 7: Specific to Private Frontage Types
Sections:

22.07.010 Purpose

22.07.020 Private Frontage Types

22.07.030 Overview of Private Frontage Types

22.07.040 Porch Projecting

22.07.050 Dooryard

22.07.060 Stoop

22.07.070 Forecourt

22.07.080 Maker Shopfront

22.07.090 Shopfront

22.07.100 Terrace

22.07.110 Gallery
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8. In addition to the zone's standards, each private frontage is further refined through these standards to further calibrate the type for its context.

9. Certain types are only allowed on a side street in the base zone (e.g., T4SMS.S) to implement the intended physical character.

22.07.030 Overview of Private Frontage Types
Table A (Private Frontage Types Overview) provides a summary of the allowed private frontage types in each zone. See referenced Section(s) for standards.

Table 22.07.030.A: Private Frontage Types Overview
Private Frontage Type
Specific
Standards
T4
T3SN SN.S SMS.S
Porch Projecting 22.07.040 P P P
Dooryard 22.07.050 P P O
Stoop 22.07.060 P P O
Forecourt 22.07.070 X X P
Maker Shopfront 22.07.080 X X O
Shopfront 22.07.090 X X P
Terrace 22.07.100 X X P
Gallery 22.07.110 X X P
Key P = Allowed O = Allowed Only in Side Street X = Not Allowed 100
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22.07.030
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22.07.040 Porch Projecting
Example of a Projecting Porch
Example of a Projecting Porch
Example of a Projecting Porch

1. Description
The main facade of the building is set back from the front design site line with a covered structure encroaching into the front setback. The resulting setback area may be defined by a fence or hedge to spatially maintain the edge of the street.

The Porch may be one or two stories, is open on three sides, with all habitable space located behind the building setback line.

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2. Size
Width, Clear 15' min.1
Depth, Clear 8' min.

Height, Clear 8' min.

Stories 2 stories max.

Finish Level above Sidewalk 12" min.2, 3
Pedestrian Access 3' wide min.

Distance between Porch and
Sidewalk
6' min.

Depth 15' min.

Distance between Porch columns shall be in compliance
with selected architectural style in Chapter 8 (Specific to Architectural Design).
1 Reduce to 8' min. and maximum 1 story when applied to Cottage Court Building Type
2 Common entries may be set at grade per local and federal accessibility standards.
3 Base Flood Elevation plus 1' min. where applicable.

3. Miscellaneous
Porch shall be open on three sides and have a roof. Clear glass may be installed between the porch columns if the minimum size of individual panes is in compliance with the standards in Chapter 8 (Specific to Architectural Design).

Ramps are required to be integrated along the side of the building to connect with the Projecting Porch.

The Porch shall be designed in compliance with the
standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.

Setback ROW Street Setback ROW Street
ROW/ Design Site Line Setback Line
Key
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22.07.040: Porch Projecting

22.07.050 Dooryard
Example of a residential Dooryard
Example of a commercial Dooryard
Example of a residential Dooryard

1. Description
The main facade of the building is set back from the front design site line, which is defined by a low wall or hedge, creating a small private area between the sidewalk and
the facade. Each Dooryard is separated from adjacent
Dooryards. The Dooryard may be raised or at grade.

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2. Size
Depth, Clear 6' min.

Length 15' min.

Distance between Glazing 4' max.

Depth of Recessed Entries 3' max.

Pedestrian Access 3' wide min.

Finish Level above Sidewalk 12" max.1, 2
Height of Dooryard Fence/Wall
above Finish Level
36" max.
1 Common entries may be set at grade per local and federal accessibility standards.
2 Base Flood Elevation plus 1' min. where applicable.

3. Miscellaneous
For live/work, retail, service, and restaurant uses, the Shopfront Frontage Type (22.07.100) may be applied.

Each Dooryard shall provide access to only one ground floor entry.

Ramps are required to be integrated along the side of the building to connect with the Dooryard.

The Dooryard shall be designed in compliance with the
standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.

Setback ROW Street Setback ROW Street
ROW/ Design Site Line Setback Line
Key
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22.07.050: Dooryard

22.07.060 Stoop
Example of a Stoop with paired entries
Example of a Stoop
Example of a Stoop

1. Description
The main facade of the building is near the front design site line with steps to an elevated entry. The Stoop is elevated above the sidewalk to provide privacy along the sidewalkfacing rooms. Stairs or ramps from the Stoop may lead directly to the sidewalk or may be parallel to the sidewalk.

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2. Size
Width, Clear 4' min.

Depth, Clear 3' min.

Height, Clear 8' min.

Stories 1 story max.

Finish Level above Sidewalk 12" min. 1
Depth of Recessed Entries 8' max.
1 Base Flood Elevation plus 1' min. where applicable.

3. Miscellaneous
Stairs may be perpendicular or parallel to the building facade.

Entry doors shall be covered or recessed to provide shelter from the elements.

Gates are not allowed.

All doors shall face the street.

Ramps are required to be integrated along the side of the building to connect with the Stoop.

The Stoop shall be designed in compliance with the
standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.

Setback ROW Street Setback ROW Street
ROW/ Design Site Line Setback Line
Key
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22.07.060: Stoop

22.07.070 Forecourt
Example of a Forecourt with Shopfronts
Example of a Forecourt with outdoor dining
Example of Forecourt

1. Description
The main facade of the building is at or near the front design site line and a portion is set back, extending the public realm into the design site to create an entry court or shared garden space for housing, or an additional shopping or
restaurant seating area within retail and service areas.

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2. Size
Width, Clear 15' min.

Depth, Clear 15' min.

Ratio, Height to Width 2:1 max.

Finish Level above Sidewalk 12" max.1
Gallery frontages, awnings,
balconies and porches may
encroach into Forecourt on all
sides.

Max 1/2 width of
Forecourt
1 Base Flood Elevation plus 1' min. where applicable.

3. Miscellaneous
Forecourts may be utilized to group several entries at a common elevation in compliance with the zones' ground
floor finish level standards.

The proportions and orientation of a Forecourt shall be in compliance with the diagram below for solar orientation and user comfort.

Ramps are required to be integrated along the side of the building to connect with the Forecourt.

The Forecourt shall be designed in compliance with the
standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.
width (w)
h<2w
height (h)
Setback ROW Street Setback ROW Street
ROW/ Design Site Line Setback Line
Key
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22.07.070: Forecourt

22.07.080 Maker Shopfront
Example of a Maker Shopfront
Example of a Maker Shopfront
Example of a Maker Shopfront

1. Description
The main facade of the building is at or near the front design site line with an at-grade or elevated entrance from the sidewalk. The type is only allowed on side streets from the adjacent main street and is intended for industrial artisan businesses to show their activity to pedestrians, as well as for retail sales of products made on-site. The Maker Shopfront may include a decorative roll-down or sliding door, including glazing and an awning that overlaps the sidewalk.

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2. Size
Distance between Glazing 10' max.

Ground Floor Glazing between
Sidewalk and Finished Ceiling
Height
30% min.

Depth of Recessed Entries No max.

Shopfront Base (if used) 48" max.

3. Awning
Depth 5' min.

Setback from Curb 2' min.

Height, Clear 8' min.

4. Miscellaneous
Decorative accordion-style doors/windows or other
operable windows that allow the space to open to the
street are allowed in compliance with Chapter 8 (Specific to Architectural Design).

The Maker Shopfront shall be designed in compliance with the standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.

ROW/Setback Street ROW/Setback Street
ROW/ Design Site Line Setback Line
Key
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22.07.080: Maker Shopfront

22.07.090 Shopfront
Example of Shopfronts
Example of a Shopfront
Example of a Shopfront

1. Description
The main facade of the building is at or near the front design site line with at-grade entrance from the sidewalk. The type is intended for service, retail, or restaurant use and includes substantial glazing between the Shopfront base and the
ground floor ceiling. This type may include an awning that overlaps the sidewalk.

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2. Size
Distance between Glazing 2' max.

Ground Floor Glazing between
Sidewalk and Finished Ceiling
Height
75% min.

Depth of Recessed Entries 5' max.

Shopfront Base 6" min.; 24" max.

3. Awning
Depth 5' min.

Setback from Curb 2' min.

Height, Clear 8' min.

4. Miscellaneous
Decorative accordion-style doors/windows or other
operable windows that allow the space to open to the
street are allowed in compliance with Chapter 8 (Specific to Architectural Design).

Ramps are required to be integrated along the side of the building to connect with the Shopfront.

The Shopfront shall be designed in compliance with the
standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.

ROW/Setback Street ROW/Setback Street
ROW/ Design Site Line Setback Line
Key
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22.07.090: Shopfront

22.07.100 Terrace
Example of a Terrace with low-wall seating
Example of a Terrace
Example of a residential Terrace along a courtyard

1. Description
The main facade is at or near the front design site line with steps leading to an elevated area providing pedestrian
circulation along the facade. The type is used for retail, service, office uses, or housing to provide outdoor areas along the sidewalk and/or to accommodate an existing or intended grade change.

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2. Size
Depth of Terrace 8' min. residential;
12' min. non-residential
Finish Level above Sidewalk 36" max.1
Distance between Stairs 25' max.
1 Base Flood Elevation plus 1' min. where applicable.

3. Miscellaneous
These standards are to be used with those for the
Shopfront Frontage Type (22.07.100) where the zone requires the Shopfront Frontage Type.

Where the zone requires the Shopfront Frontage Type
(22.07.100) and the ground floor is flush with the sidewalk, the Terrace shall be considered to be the sidewalk.

May be utilized to group several entries at a common
elevation in compliance with the zones' ground floor finish level standards.

Ramps are required to be integrated along the side of the building to connect with the Terrace.

The Terrace shall be designed in compliance with the
standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.

Setback ROW Street Setback ROW Street
ROW/ Design Site Line Setback Line
Key
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22.07.100: Terrace

22.07.110 Gallery
Example of a two-story Gallery with an uncovered second story.

Example of a Gallery providing covered outdoor dining
Example of a Gallery with shopfronts

1. Description
The main facade of the building is set back from the
front design site line and an at-grade covered structure, articulated with colonnade or arches, overlaps the
sidewalk. The type may be one or two stories. When used in nonresidential settings, the Shopfront Type is included; when used in residential settings, Stoops, Dooryards, and Forecourts may be included as allowed by the zone.

General Note: Photos on this page are illustrative, not regulatory.

Source: Google Street View
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2. Size
Depth, Clear 8' min.

Ground Floor Height, Clear 12' min.

Upper Floor Height, Clear 9' min.

Height 2 stories max.

Gallery Setback from Public ROW 18" min. (clear)

3. Miscellaneous
Habitable space
Galleries shall also follow the standards for the
Shopfront Frontage Type (22.07.100).

Galleries shall have a consistent depth across the entire front and/or side street facade.

Galleries are allowed to project over the sidewalk in the public ROW.

The second story of the Gallery may be covered.

Planting is not required. Lighting is required within the gallery in compliance with Subsection 22.05.030.3.

Ramps are required to be integrated along the side of the building to connect with the Gallery, where applicable.

The Gallery shall be designed in compliance with the
standards in Chapter 8 (Specific to Architectural Design) for the selected architectural style.

Sidewalk Sidewalk
Setback ROW Setback ROW
Street Street
ROW/ Design Site Line Setback Line
Key
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22.07.110: Gallery
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22.08.010 Purpose
This Chapter sets forth standards that supplement the zone standards to further refine the intended building form and physical character.

22.08.020 Applicability
Unless stated otherwise, all subsections within each architectural style ("style") identified in this Chapter apply to all facades of a building, including front facades, side street facades, side interior facades, and rear facades.

22.08.030 Architectural Design Standards
This Chapter contains architectural design standards for the six allowed styles. The standards for each style address a range of topics based on local architectural examples. The standards address the following aspects of individual building design: Roofs and roof pitch, eaves, cornices, walls, base of walls, dormers, openings and doors, storefronts, porches, and balconies.

1. Each building is required to be designed in compliance with one of the allowed architectural styles.

2. The architectural style standards are coordinated with the building types and the intended physical character of each zone.

3. Any facade greater than 75 feet in length along a street (public or private) or civic space shall include more than one architectural style, with a maximum 75 feet in length of any one style.

22.08.040 Overview of Architectural Styles
Table A (Architectural Styles Overview) provides an overview of the allowed architectural styles.

Chapter 8: Specific to Architectural Design
Sections:

22.08.010 Purpose

22.08.020 Applicability

22.08.030 Architectural Design Standards

22.08.040 Overview of Architectural Styles

22.08.050 Contemporary

22.08.060 Craftsman

22.08.070 East Coast Cottage

22.08.080 Main Street Classical

22.08.090 Mediterranean

22.08.100 Tudor
May 16, 2022 City of Belvedere Objective Design and Development Standards 119 East Coast Cottage 22.08.070
Typical Characteristics
Prominent gabled or gambrel roof
forms
Shingle or horizontal lap siding as
primary facade material
Vertically proportioned openings with
surround
Painted trim, often white in color
Top story partially within roof with
shed dormers
Applicable Standards
Building Roof
Rake
Eave
Windows
Bay Windows
Dormers
Entry Doors
Balconies
Porches
Storefronts
Materials
Contemporary 22.08.050
Typical Characteristics
Long, low-sloped roof forms with
simple eaves with deep overhangs
Asymmetrical facade compositions
with square and horizontal openings
often made from ganged vertical
windows
Mix of exterior materials to
differentiate massing forms, with
prevalent natural materials including
wood siding
Horizontally proportioned balconies
and terraces with minimalist vertical
supports
Applicable Standards
Wall
Building Roof
Rake
Eave
Parapet
Windows
Bay Windows
Dormers
Entry Doors
Balconies
Porches
Storefronts
Materials
Craftsman 22.08.060
Typical Characteristics
Low-pitched roofs with deep eaves
and exposed rafter tails
Horizontally proportioned openings
made from ganged vertical windows
Emphasis on natural materials
including wood shingles
Asymmetrical composition with wall
plane broken by projecting gable ends
Applicable Standards
Wall
Base
Building Roof
Rake
Eave
Parapet
Windows
Bay Windows
Dormers
Entry Doors
Balconies
Porches
Storefronts
Materials
Table 22.08.040.A: Architectural Styles Overview
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22.08.040
Mediterranean 22.08.090
Typical Characteristics
Low-pitched gabled or hipped roofs
clad in red tile with open eaves
Flat, rectilinear wall plane with
vertically proportioned punched
openings without trim
Stucco as primary facade material with
stucco or wood attached elements
Applicable Standards
Building Roof
Eave
Parapet
Windows
Bay Windows
Dormers
Entry Doors
Balconies
Porches
Storefronts
Materials
Main Street Classical 22.08.080
Typical Characteristics
Symmetrical facade composition with
proportions that imply load-bearing
masonry structure
Prominent cornice with classical
detailing and parapet or pedimented
roof forms
Regular pattern of vertically
proportioned openings
Brick and stucco as primary facade
materials
Applicable Standards
Base
Building Roof
Parapet
Windows
Bay Windows
Entry Doors
Balconies
Porches
Storefronts
Materials
Table 22.08.040.A: Architectural Styles Overview (Continued) Tudor 22.08.100
Typical Characteristics
Prominent gabled roof forms with
steep pitch and open eaves
Vertically proportioned openings with
surround
Brick and stucco as primary facade
materials, often with half-timbering at
upper floors
Applicable Standards
Wall
Building Roof
Rake
Eave
Windows
Bay Windows
Dormers
Entry Doors
Balconies
Porches
Storefronts
Materials
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22.08.040
Quick Code Guide: Specific to Architectural Design
The following graphic is intended as a summary guide. Please refer to the procedures for applications eligible for streamlined review consistent with State Law [Section 22.10.020 (Procedures)] for all necessary information.

Before you begin
Identify your zone, building type, and detailed massing type. If you have not done this yet, go back to the Table of Contents and follow the Quick Code Guide.

Identify your architectural style Table 22.08.040.A (Architectural Styles Overview)
Comply with wall, base, and building
roof form standards
Dependent on zone, detailed massing type,
and architectural style
Subsections 3-8 of Architectural Style
Comply with external elements
standards and material standards
Dependent on architectural style
Subsections 13-16 of Architectural
Style
Comply with window and door
standards
Dependent on architectural style
Subsections 9-12 of Architectural
Style
Instructions Location
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22.08.040
General note: The images above and the descriptions in Subsections 1 and 2 below are intended to provide a brief overview of the architectural style and are descriptive, not regulatory.

22.08.050 Contemporary

2. Typical Characteristics
Long, low-sloped roof forms with
simple eaves with deep overhangs
Asymmetrical facade compositions
with square and horizontal openings
often made from ganged vertical
windows
Mix of exterior materials to
differentiate massing forms, with
prevalent natural materials including
wood siding
Horizontally proportioned balconies
and terraces with minimalist vertical
supports

1. Description of Style
Contemporary style buildings have a streamlined aesthetic and minimal ornamentation. This style focuses on combining simple rectilinear massing forms with changes in material and color. The use of glass and cantilevered elements imbues buildings with a sense of lightness and simplicity. This style is prevalent throughout Marin County.
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22.08.050
Elements of Contemporary Style – Multifamily Prototype
Entry Door (See
Subsection 12 for
standards)
Eave (See Subsection 7 for
standards)
Dormer (See Subsection
11 for standards)
Balcony (See Subsection
13 for standards)
Window (See Subsection 9
for standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Prototypical Building Elevation
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22.08.050: Contemporary
Elements of Contemporary Style – Mixed-Use Prototype
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

3. Wall
Wall Inset
A wall inset from the primary facade is required for buildings greater than 75' in width.

Wall inset shall be continuous for the full height of the building.

Roof and wall projections may encroach into wall inset.

4. Base
No base is required for this style.

3. Wall (Continued)
Wall Inset Dimensions
Width 8'0" min.; 12'0" max.

Depth 6'0" min.

Prototypical Building Elevation
Prototypical Building Plan, Primary Facade
Wall
Inset
Bay Window (See Subsection
10 for standards)
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22.08.050: Contemporary

5. Building Roof
Building Roof
Standards
Buildings with
Half-Story Heights
Buildings with
Full-Story Heights
Roof Form
Type Shed Flat
Pitch 2:12 min.;
6:12 max.

N/A
Applicable Subsections

6. Rake A N/A

7. Eave A N/A

8. Parapet N/A A

6. Rake
Standards Flush Profile Projecting
Profile
Horizontal Projection No min.;
2" max.
2'6" min.;
No max.

See Subsection 7 (Eave) for height standards.

Projecting Profile Rake Section
Open Eave Elevation
Open Eave Section
Flush Profile Rake Section
Closed Eave Elevation Closed Eave Section

7. Eave
Standards Open Closed
Height
Overall 8" min.

Fascia 6" min.

Horizontal Projection1
Overall 36" min.;
No max.
0" (flush with
facade)
1 Horizontal projection includes gutter.

Key A = Applicable N/A = Not Applicable
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22.08.050: Contemporary

8. Parapet
Height
Projection 0" min.; 6" max.

Horizontal Projection
Overall 0" min.; 3" max.

Parapet Section Parapet Elevation
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22.08.050: Contemporary
Ground Floor Typical Window Elevation
Upper Floor Typical Window Elevation

9. Windows
Opening
Proportion, Height to Width 2
Ground floor 2.2 min.

Upper floor 2.0 min.

Dormer See Subsection 11
(Dormers) for standards.

Typical Sizes, Width x Height
Ground Floor, Typical 3'0" x 6'0"
Ground Floor, Ganged 3'0" x 6'0"
Ground Floor, Picture 4'6" x 6'0"
Upper Floor, Typical 3'0" x 5'6"
Upper Floor, Ganged 3'0" x 5'6"
Upper Floor, Picture 4'6" x 5'6"
Privacy 2'0" x 4'6"
Shape Square
Operation Double-Hung, Single-Hung,
Awning, Casement
Window
Glazing Divisions None
Frame Width (Frame + Sash)
At Rail 2.5" min. ± 1/4"
At Stile 2.5" min. ± 1/4"
Trim Widths3
Head 3" min.

Jamb 3" min.

Apron 3" min.

Window Frame Recess
Depth 2" min.

Sill
Depth 3" min.

Pediment
Allowed No
Mullions
Mullions required between ganged windows.
"Typical" refers to a regular recurring window (i.e., size or lite pattern) on a facade.
2 Picture windows shall be wider than typical windows and equal in height to windows on the same floor.
3 Trim required for windows only on buildings or parts of buildings with lap siding.
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22.08.050: Contemporary
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22.08.050: Contemporary
Bay Window Elevation

11. Dormers
Roof Form
Type Shed
Pitch 2:12 min.; 6:12 max.

Window
Proportion, Height
to Width

2.0 min.

Width 2'6" min.

Dormers allowed only for buildings with half stories.

See Subsections 6 (Rake), 7 (Eave), and 9 (Windows) for additional standards.

Dormer Elevation

10. Bay Windows
Form
Type Square4
Size
Height
On buildings with
heights up to 3 stories 2 stories max.

Width 6'0" min.; 12'0" max.

Depth 1'0" min.; 3'0" max.

Additional Standards
Multi-story bay window form shall be vertically continuous.

Continuous horizontal articulation on building shall wrap bay form.
4 Corner bay may be turned on side to be rotated 45 degrees from building corner.

Bay Window Plan
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22.08.050: Contemporary
Entry Door Elevation

12. Entry Doors
Surround5
Head Width 4" min.

Jamb Width 4" min.

Additional Elements
Transom Allowed
Pediment Not Allowed
5 Surround required for doors only on buildings or parts of buildings with lap siding.

Balcony Front Elevation

13. Balconies
Allowed Materials
Type 1 - Panel Guardrail
Post Metal
Baluster Metal panel
Handrail Metal, glass
Fascia Metal, composite wood, wood
Type 2 - Mesh Guardrail
Post and Handrail Metal
Baluster Metal mesh
Fascia Metal, composite wood, wood
Type 3 - Horizontal Guardrail
Post and Handrail Metal
Baluster Metal, steel cable
Fascia Metal, composite wood, wood
Size
Overall Balcony Width 10'0" max.

Width Between Posts 3' min.

Type 1
Panel Guardrail
Type 2
Mesh Guardrail
Type 3
Horizontal Guardrail
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22.08.050: Contemporary
Two-Story Porch
One-Story Porch

14. Porches
Columns
Shape Cantilevered (no columns) or Pilotis
Diameter 4" max.

Spacing 8'0" max. on center
Entablature
Height of Entablature Supporting Deck
Overall 10" min.

No porch or deck on or above roof structure
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22.08.050: Contemporary

15. Storefronts
Width
Storefront Module 10'0" min.; 15'0" max.

Display Window 3'0" min.; 4'0" max.

Distance Between
Storefront Modules
1'0" min.; 2'0" max.

Height
Overall 12'0" min.

Head Height 11'0" min.

Base 8" min.; 2'0" max.

Horizontal Recess
Depth 6" min.; 3'0" max.

Base shall be continuous, unless divided by pilaster, and align with base height of building (if any).

Storefront Elevation Storefront Section
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22.08.050: Contemporary

16. Materials
Element Allowed Materials Required Finishes
Wall
Wall Cladding Lap siding, composite wood, wood, fiber
cement, stucco, metal panel
No Finish, or Whites, Greys,
Browns, or Beiges
Base or Foundation
Base or Foundation Brick, concrete, stone, stucco, composite wood, wood, fiber cement
No Finish, or Whites, Greys,
Browns, or Beiges
Roof and Roof Elements
Roofing Asphalt shingles, wood shingles, standing
seam metal
Browns, Blacks, or Beiges
Rake and Eave Composite wood, wood, steel N/A
Gutter Metal box N/A
Windows, Bay Windows, and Entry Doors
Entry Door Wood, aluminum, fiberglass, composite
wood
No Finish, or Whites, Greys,
Browns, or Beiges
Window Frames Wood, aluminum clad wood, aluminum,
fiberglass
No Finish, or Whites, Greys,
Browns, or Beiges
Glazing Clear glass; shall not be tinted, mirrored, or
colored
N/A
Balconies
See Subsection 13 (Balconies) for allowed materials.

Porches
Columns Composite wood, wood, fiberglass, metal N/A
Railing Composite wood, wood, metal N/A
Storefronts
Storefront Composite wood, wood, metal N/A
Storefront Base Stucco, concrete N/A
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22.08.050: Contemporary
General note: The images above and the descriptions in Subsections 1 and 2 below are intended to provide a brief overview of the architectural style and are descriptive, not regulatory.

22.08.060 Craftsman

2. Typical Characteristics
Low-pitched roofs with deep eaves
and exposed rafter tails
Horizontally proportioned openings
made from ganged vertical windows
Emphasis on natural materials
including wood shingles
Asymmetrical composition with wall
plane broken by projecting gable ends
Wall plane broken by projecting and/or
recessed elements

1. Description of Style
The Craftsman style emerged in the American west inspired by the English Arts and Crafts movement. The Craftsman bungalow house was prevalent from the 1900's to the 1940's. Since that time, it has adapted to multifamily and mixed-use prototypes.
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22.08.060
Elements of Craftsman Style – Multifamily Prototype

3. Wall
Trim1
Width 4" min.
1 Trim not required on buildings or portions of buildings where stucco is the primary wall material.

4. Base
Height 1'0" min.; 1/2 story max.

Window (See Subsection
9 for standards)
Porch (See Subsection 14
for standards)
Base (See Subsection 4 for
standards)
Entry Door (See
Subsection 12 for
standards)
Roof (See Subsection 5 for
standards)
Rake (See Subsection 6 for
standards)
Wall (See Subsection 3 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Dormer (See Subsection
11 for standards)
Eave (See Subsection 7 for
standards)
Prototypical Building Elevation
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22.08.060: Craftsman
Elements of Craftsman Style – Mixed-Use Prototype
Window (See
Subsection 9 for
standards)
Storefront (See
Subsection 15 for
standards)
Wall (See Subsection
3 for standards)
Base (See Subsection
4 for standards)
Roof (See Subsection
5 for standards)
Eave (See Subsection
7 for standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Prototypical Building Elevation
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22.08.060: Craftsman

5. Building Roof
Building Roof Standards Sloped Roof Flat Roof
Applicable Subsections
Subsection 6 (Rake) A N/A
Subsection 7 (Eave) A N/A
Subsection 8 (Parapet) N/A A
Form
Pitch 4:12 min.;
10:12 max.

N/A

6. Rake
Height
Bracket Bracing Member 4" min.

Horizontal Projection
Projection to Fascia 1'8" min. 3'0" max;
Bracket Projection Beyond
Fascia
No min.; 1'0" max.

See Subsection 7 (Eave) for height standards.

Rake Section

7. Eave
Allowed Types
Eave Types Open
Height
Fascia 10" min.

Horizontal Projection 2
Overall 2'6" min.
2 Horizontal projection includes gutter.

Key A = Applicable N/A = Not Applicable
Eave Elevation
Eave Section
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22.08.060: Craftsman

8. Parapet
Canopy
Parapet may include canopy.

Eave Height 6" min.

Horizontal Projection3 3'0" min.

Required Support
Elements
Brackets
Bracket Width 4" min.

Roof Pitch 3:12 min.

Crenellation
Parapet shall be crenellated.

Crenel Height 1'0" min.

Width, from Center
Line
1'0" min.

Crenel may not occur at building corner or end bays.
3 Horizontal projection includes gutter.

Parapet Section
End Bay c
L Middle Bay cL
Parapet Elevation
Parapet Elevation
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22.08.060: Craftsman

9. Windows
Opening
Proportion, Height to Width 4
Ground Floor 2.0 min.

Upper Floor 1.75 min.

Dormer See Subsection 11
(Dormers) for standards.

Typical Sizes, Width x Height
Ground Floor, Typical 3'0" x 6'0"
Ground Floor, Ganged 2'4" x 6'0"
Ground Floor, Picture 4'6" x 6'0"
Upper Floor, Typical 3'0" x 5'6"
Upper Floor, Ganged 2'4" x 5'6"
Upper Floor, Picture 4'6" x 5'6"
Privacy 2'0" x 4'0"
Shape Square
Operation Single Hung, Double Hung,
Casement
Window
Glazing Divisions 6 over 1;
4 over 1;
10 over 1
Frame Width (Frame + Sash)
At Rail 2.5" min. ± 1/4"
At Stile 2.5" min. ± 1/4"
Trim Widths
Head 6" min.

Jamb 6" min.

Apron 3" min.

Window Frame Recess
Depth 2" min.

Sill
Depth 3" min.

Pediment
Allowed No
Mullions
Mullions required between ganged windows.
"Typical" refers to a regular recurring window (i.e., size or lite pattern) on a facade.
4 Picture windows shall be wider than typical windows and equal in height to windows on the same floor.

Ground Floor Typical Window Elevation
6 over 1
Upper Floor Typical Window Elevation
6 over 1
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22.08.060: Craftsman
Upper Floor Ganged Window Elevation
4 over 1 and 6 over 1
Upper Floor Picture Window Elevation
10 over 1
Ground Floor Ganged Window Elevation
4 over 1 and 6 over 1
Ground Floor Picture Window Elevation
10 over 1
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22.08.060: Craftsman
Bay Window Elevation

11. Dormers
Roof Form
Type Shed or Gable
Pitch 2:12 min.; 5:12 max.

Horizontal Projection
Eave 8" min.

Rake 8" min.

Window
Proportion, Height
to Width

1.75 min.

Dormers allowed only for buildings with half stories.

Pediment not allowed.

See Subsections 6 (Rake), 7 (Eave), and 9 (Windows) for additional standards.

Dormer Elevation

10. Bay Windows
Form
Type Square5
Size
Height
On buildings with
heights up to 3 stories 2 stories max.

Width 6'0" min.; 12'0" max.

Depth 1'0" min.; 3'0" max.

Cornice Types
Building parapet wraps bay.

Bay stops below building eave (bay has own cornice).

Bay returns into building eave (bay never projects above the building eave).
5 Corner bay may be turned on side to be rotated 45 degrees from building corner.

10. Bay Windows (Continued)
Additional Standards
Bay depth not allowed to project beyond eave depth.

Multi-story bay window form shall be vertically continuous.

Continuous horizontal articulation on building shall wrap bay form.

Bay Window Plan
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22.08.060: Craftsman
Entry Door Elevation Balcony Front Elevation

13. Balconies
Allowed Materials
Post, Baluster, Handrail,
and Fascia
Metal, composite wood,
wood
Size
Overall Balcony Width 10'0" max.

Width Between Posts 3' min.

12. Entry Doors
Door
Number of Panels 2 min.

Surround
Head Width 6" min.

Jamb Width 4" min.

Additional Elements
Transom Allowed
Pediment Not Allowed
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22.08.060: Craftsman
Two-Story Porch
One-Story Porch

14. Porches
Columns
Shape Square-tapered
Base Width 1'10" min.

Spacing 9'6" min.; 12' max. on center
Entablature
Height of Entablature Supporting Deck
Overall 10" min.

No porch or deck on or above roof structure
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22.08.060: Craftsman
Storefront Elevation Storefront Section

15. Storefronts
Width
Storefront Module 10'0" min.; 15'0" max.

Display Window 3'0" min.; 4'0" max.

Distance Between
Storefront Modules
1'0" min.; 2'0" max.

Height
Overall 13'0" min.

Head Height 10'0" min.

Cornice 10" min.

Signage Band 1'6" min.

Base 1'0" min.; 2'0" max.

Horizontal Recess
Depth 1'0" min.; 2'0" max.

Base shall be continuous, unless divided by pilaster, and align with base height of building (if any).

Cornice shall be continuous.
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22.08.060: Craftsman

16. Materials
Element Allowed Materials Required FInishes
Wall
Wall Cladding Shingle and lap siding: composite
wood, wood, fiber cement; and
stucco
Transparant, Whites, Greys,
Browns, or Beiges
Base
Base or Foundation Stone, cast stone, painted
concrete
Transparant, Whites, Greys,
Browns, or Beiges
Roof and Roof Elements
Roofing Asphalt shingles, wood shingles,
standing seam metal
Browns, Blacks, or Beiges
Rake and Eave Composite wood, wood N/A
Cornice Composite wood, wood N/A
Brackets Composite wood, wood, fiberglass N/A
Gutter Metal half-round N/A
Windows, Bay Windows, and Entry Doors
Trim or Surround Composite wood, wood, fiber
cement
Transparant, Whites, Greys,
Browns, or Beiges
Entry Door Wood, aluminum, fiberglass,
composite
Transparant, Whites, Greys,
Browns, or Beiges
Window Frames Wood, aluminum-clad wood,
aluminum, fiberglass
Transparant, Whites, Greys,
Browns, or Beiges
Glazing Clear glass; shall not be tinted,
mirrored, or colored
N/A
Balconies
See Subsection 13 (Balconies) for allowed materials.

Porches
Columns Composite wood, wood, metal N/A
Railing Composite wood, wood, metal N/A
Storefronts
Columns Composite wood, wood, fiberglass,
metal
N/A
Storefront Base Wood panels, brick, stone tile,
fiber cement
N/A
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22.08.060: Craftsman
General note: The images above and the descriptions in Subsections 1 and 2 below are intended to provide a brief overview of the architectural style and are descriptive, not regulatory.

22.08.070 East Coast Cottage

2. Typical Characteristics
Prominent gabled or gambrel roof
forms
Vertically proportioned openings with
surround
Painted trim, often white in color
Shingle or horizontal lap siding as
primary facade materials
Top story partially within roof with
shed dormers

1. Description of Style
East Coast Cottage style buildings are influenced by the shingle style and may take on traditional or contemporary expression. Gabled or gambrel roof forms are used as a major compositional element to emphasize individual bays and create halfstory roof forms. 147
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22.08.070
Rake (See Subsection 6 for
standards)
Elements of East Coast Cottage Style – Multifamily Prototype

3. Wall
No wall standards apply to this style. See Subsection 16 (Materials) for materials standards.

4. Base
None required
Window (See Subsection
9 for standards)
Porch (See Subsection 14
for standards)
Entry Door (See
Subsection 12 for
standards)
Roof (See Subsection 5 for
standards)
Eave (See Subsection 7 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Dormer (See Subsection
11 for standards)
Prototypical Building Elevation
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22.08.070: East Coast Cottage
Elements of East Coast Cottage Style – Mixed-Use Prototype Window (See Subsection
9 for standards)
Bay Window (See
Subsection 10 for
standards)
Storefront (See
Subsection 15 for
standards)
Roof (See Subsection 5 for
standards)
Eave (See Subsection 7 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Prototypical Building Elevation
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22.08.070: East Coast Cottage

5. Building Roof
Building Roof Form
Allowed Forms Gable, Gambrel
Gable
Pitch 6:12 min., 12:12 max.

Gambrel
Pitch
Top 3:12 min., 9:12 max.

Bottom 9:12 min., 24:12 max.

Width of Top Pitch 50% min., 75% max. of
overall roof width
Gambrel Roof Form Elevation Flush Profile Rake Section Projecting Profile Rake Section

6. Rake
Standards Flush Profile Projecting
Profile
Horizontal Projection No min.;
2" max.
6" min.;
1'0" max.

See Subsection 7 (Eave) for height standards.
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22.08.070: East Coast Cottage

8. Parapet
No flat roofs are allowed in this style and parapet standards are not applicable. See Subsection 5 (Roof), Subsection 6 (Rake) and Subsection 7 (Eave) for standards applicable to sloped roofs.

7. Eave
Allowed Types
Eave Types Open, Returned, Closed
Standards Open
Eave
Returned
Eave
Closed
Eave
Height
Overall 1'6" min. 1'6" min. 10" min.

Crown Mold
and Fascia
10" min. N/A N/A
Trim Band 8" min. N/A N/A
Horizontal Projection1
Overall 1'0" min. 1'0" min. 2" max.
1 Horizontal projection includes gutter.

Open Eave Elevation Returned Eave Elevation Closed Eave Elevation Open Eave Section Returned Eave Section Closed Eave Section Key N/A = Not Applicable
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22.08.070: East Coast Cottage

9. Windows
Opening
Proportion, Height to Width 2
Ground Floor 2.0 min.

Upper Floor 1.75 min.

Dormer See Subsection 11
(Dormers) for standards.

Typical Sizes, Width x Height
Ground Floor, Typical 3'0" x 6'0"
Ground Floor, Ganged 3'0" x 6'0"
Ground Floor, Picture 4'6" x 6'0"
Upper Floor, Typical 3'0" x 5'6"
Upper Floor, Ganged 3'0" x 5'6"
Upper Floor, Picture 4'6" x 5'6"
Privacy 2'0" x 4'0"
Shape Square
Operation Single Hung, Double Hung,
Casement
Window
Glazing Divisions 6 over 1
Frame Width (Frame + Sash)
At Rail 2.5" min. ± 1/4"
At Stile 2.5" min. ± 1/4"
Trim Widths
Head 4" min.

Jamb 4" min.

Apron 3" min.

Window Frame Recess
Depth 2" min.

Sill
Depth 3" min.

Pediment
Allowed No
Mullions
Mullions required between ganged windows.
"Typical" refers to a regular recurring window (i.e., size or lite pattern) on a facade.
2 Picture windows shall be wider than typical windows and equal in height to windows on the same floor.

Ground Floor Typical Window Elevation
6 over 1
Upper Floor Typical Window Elevation
6 over 1
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22.08.070: East Coast Cottage
Upper Floor Ganged Window Elevation
6 over 1
Upper Floor Picture Window Elevation
Ground Floor Ganged Window Elevation
6 over 1
Ground Floor Picture Window Elevation
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22.08.070: East Coast Cottage
Square Bay Window Elevation Chamfered Bay Window Elevation Dormer Elevation Square Bay Window Plan Chamfered Bay Window Plan

11. Dormers
Roof Form
Type Shed
Pitch 3:12 min.

Window
Proportion, Height to
Width

1.75 min.

Dormers allowed only for buildings with half stories.

Pediment not allowed.

See Subsections 6 (Rake), 7 (Eave), and 9 (Windows) for additional standards.

10. Bay Windows
Allowed Types
Bay Window Types Square,3
Chamfered
Chamfered Form Standards
Interior Angle 30 degrees min.;
55 degrees max.

Number of Faces 3 or 5
Size
Height
On buildings with
heights up to 3 stories 2 stories max.

Width 6'0" min.; 12'0" max.

Depth 1'0" min.; 3'0" max.

Cornice Types
Cornice wraps bay.
3 Corner bay may be turned on side to be rotated 45 degrees from building corner.

10. Bay Windows (Continued)
Bay stops below building cornice (bay has own cornice).

Bay returns into building cornice (bay never projects
above the building cornice).

Additional Standards
Bay depth not allowed to project beyond eave depth.

Multi-story bay window form shall be vertically continuous.

Continuous horizontal articulation on building shall wrap bay form.
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22.08.070: East Coast Cottage
Entry Door Elevation

12. Entry Doors
Door
Number of Panels 2 min.

Surround
Head Width 4" min.

Jamb Width 4" min.

Additional Elements
Transom Allowed
Pediment Allowed
Balcony Front Elevation

13. Balconies
Allowed Materials
Type 1 - Square Guardrail
Post, Baluster, Handrail,
Fascia, and Brackets
Metal, composite wood, wood
Type 2 - Metal Guardrail
Post, Handrail, Fascia,
and Brackets
Metal, composite wood, wood
Baluster Metal
Size
Overall Balcony Width 10'0" max.

Width Between Posts 3' min.

Type 1
Square Guardrail
Type 2
Metal Guardrail
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22.08.070: East Coast Cottage
Two-Story Porch
One-Story Porch

14. Porches
Columns
Shape Clearly defined capital, base, and shaft;
square stock with optional detailing
Width 8" min.

Spacing 8'0" max. on center
Entablature
Height of Topmost Entablature
Overall 1'6" min.

Fascia 10" min.

Height of Floor-to-Floor Entablature
Overall 10" min.

No porch or deck on or above roof structure
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22.08.070: East Coast Cottage
Storefront Elevation Storefront Section

15. Storefronts
Width
Storefront Module 10'0" min.; 15'0" max.

Display Window 3'0" min.; 4'0" max.

Distance Between
Storefront Modules
1'0" min.; 2'0" max.

Height
Overall 13'0" min.

Head Height 10'0" min.

Cornice 10" min.

Signage Band 1'6" min.

Base 1'0" min.; 2'0" max.

Horizontal Recess
Depth 6" min.; 1'0" max.

Base shall be continuous, unless divided by pilaster, and align with base height of building (if any).

Cornice shall be continuous.
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22.08.070: East Coast Cottage

16. Materials
Element Allowed Materials Required Finishes Required Colors Wall
Wall Cladding Shingle and lap siding: composite wood,
wood, fiber cement; and stucco
Transparent, semitransparent, or paintedBlacks, greys, browns, or beiges
Base
Base or Foundation Stone, cast stone, painted concrete N/A N/A Roof and Roof Elements
Roofing Composite (asphalt) shingles, wood shingles,
standing seam metal
N/A Browns, Blacks, or Beiges
Rake and Eave Composite wood, wood N/A N/A
Cornice Composite wood, wood N/A N/A
Brackets Composite wood, wood, fiberglass N/A N/A
Gutter Metal half-round N/A N/A
Windows, Bay Windows, and Entry Doors
Trim or Surround Composite wood, wood, fiber cement Painted Whites, Greys, Browns, or Beiges
Entry Door Wood, aluminum, fiberglass, composite N/A N/A Window Frames Wood, aluminum-clad wood, aluminum,
fiberglass

N/A N/A
Glazing Clear glass; shall not be tinted, mirrored, or
colored

N/A N/A
Balconies
See Subsection 13 (Balconies) for allowed materials.

Porches
Columns Composite wood, wood, metal N/A N/A
Railing Composite wood, wood, metal N/A N/A
Storefronts
Storefront Composite wood, wood, fiberglass, metal N/A N/A Storefront Base Wood panels, brick, fiber cement N/A N/A Key N/A = Not Applicable
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22.08.070: East Coast Cottage
General note: The images above and the descriptions in Subsections 1 and 2 below are intended to provide a brief overview of the architectural style and are descriptive, not regulatory.

22.08.080 Main Street Classical

2. Typical Characteristics
Symmetrical facade composition with
proportions that imply load-bearing
masonry structure
Prominent cornice with classical
detailing and parapet or pedimented
roof forms
Regular pattern of vertically
proportioned openings
Brick and stucco as primary facade
materials

1. Description of Style
Main Street Classical style buildings combine influences from late 19th century Classical Revival and pre-war American main street architecture. With brick as a primary facade material, facades have a tripartite composition and often introduce ornament in a prominent cornice.
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22.08.080
Elements of Main Street Classical Style – Mixed-Use Prototype

3. Wall
No wall standards apply to this style. See Subsection 16 (Materials) for materials standards.

4. Base
Height 1'0" min.; 2'0" max.

Parapet (See Subsection 8
for standards)
Window (See Subsection
9 for standards)
Entry Door (See
Subsection 12 for
standards)
Storefront (See
Subsection 15 for
standards)
Wall (See Subsection 3 for
standards)
Base (See Subsection 4 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Prototypical Building Elevation
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22.08.080: Main Street Classical

5. Building Roof
Form
Roof Type Flat

6. Rake
Because this style does not allow sloped roofs, rake is not regulated. For wall-roof junction standards, see Subsection 8 (Parapet).

7. Eave
Because this style does not allow sloped roofs, eave is not regulated. For wall-roof junction standards, see Subsection 8 (Parapet).

8. Parapet
Height
Overall 5'6" min.

Cornice 1'8" min.

Fascia
Overall 3'6" min.

Lower Band 1'2" min.

Horizontal Projection1
Overall 2'6" min.

Continuous cornice required on all street facing facades.

Required Ornament
Type Dentils
Width 10" min., 16" max.

Spacing 2'0" max. on center
Placement Below cornice at top of fascia
1 Horizontal projection includes gutter.

Parapet Section Parapet Elevation
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22.08.080: Main Street Classical
Ground Floor Typical Window Elevation
6 over 9
Upper Floor Typical Window Elevation
6 over 6

9. Windows
Opening
Proportion, Height to Width 2
Ground Floor 2.0 min.

Upper Floor 1.75 min.

Typical Sizes, Width x Height
Ground Floor, Typical 3'0" x 6'6"
Ground Floor, Picture 4'6" x 6'6"
Upper Floor, Typical 3'0" x 5'6"
Upper Floor, Picture 4'6" x 5'6"
Privacy 2'0" x 4'0"
Shape Square
Operation Single Hung, Double Hung,
Casement
Window
Glazing Divisions 6 over 9;
6 over 6
Frame Width (Frame + Sash)
At Rail 2.5" min. ± 1/4"
At Stile 2.5" min. ± 1/4"
Molding Widths
Head 2" min.

Jamb 2" min.

Window Frame Recess
Depth 2" min.

Sill
Depth 3" min.

Pediment
Allowed Yes
"Typical" refers to a regular recurring window (i.e., size or lite pattern) on a facade.
2 Picture windows shall be wider than typical windows and equal in height to windows on the same floor.
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22.08.080: Main Street Classical
Upper Floor Picture Window Elevation
Ground Floor Picture Window Elevation
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22.08.080: Main Street Classical
Bay Window Elevation

11. Dormers
Because this style does not allow sloped roofs, dormers shall not be used.

10. Bay Windows
Form
Type Chamfered
Interior Angle 30 degrees min.;
55 degrees max.

Number of Faces 3 or 5
Size
Height
On buildings with
heights up to 3 stories 2 stories max.

Width 6'0" min.; 12'0" max.

Depth 1'0" min.; 3'0" max.

Cornice Types
Cornice wraps bay.

Bay stops below building cornice (bay has own cornice).

Bay returns into building cornice (bay never projects
above the building cornice).

10. Bay Windows (Continued)
Additional Standards
Bay depth not allowed to project beyond cornice depth.

Multi-story bay window form shall be vertically continuous.

Continuous horizontal articulation on building shall wrap bay form.

Bay Window Plan
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22.08.080: Main Street Classical
Entry Door Elevation

12. Entry Doors
Door
Number of Panels 2 min.

Surround
Head Width 4" min.

Jamb Width 4" min.

Additional Elements
Transom Allowed
Pediment Allowed
Balcony Front Elevation

13. Balconies
Allowed Materials
Type 1 - Square Guardrail
Post, Baluster, Handrail,
Fascia, and Brackets
Metal, composite wood, wood
Type 2 - Decorative Metal Guardrail
Post, Handrail, Fascia,
and Brackets
Metal, composite wood, wood
Baluster Metal
Size
Overall Balcony Width 10'0" max.

Width Between Posts 3' min.

Type 1
Square Guardrail
Type 2
Decorative Metal Guardrail
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22.08.080: Main Street Classical
Two-Story Porch
One-Story Porch

14. Porches
Columns
Shape Clearly defined capital, base, and shaft;
shaft either turned with entasis or
square stock with optional detailing
Diameter 8" min.

Spacing 6'6" max. on center
Entablature
Height of Topmost Entablature
Overall 1'6" min.

Fascia 10" min.

Height of Floor-to-Floor Entablature
Overall 10" min.

No porch or deck on or above roof structure
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Storefront Elevation Storefront Section

15. Storefronts
Width
Storefront Module 10'0" min.; 15'0" max.

Display Window 3'0" min.; 4'0" max.

Distance Between
Storefront Modules
1'6" min.; 2'6" max.

Height
Overall 13'0" min.

Head Height 10'0" min.

Cornice 10" min.

Signage Band 1'8" min.

Base 1'0" min.; 2'0" max.

Horizontal Recess
Depth 6" min.; 2'0" max.

Base shall be continuous, unless divided by pilaster, and align with base height of building (if any).

Cornice shall be continuous.
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16. Materials
Element Allowed Materials Required Finishes
Wall
Wall Cladding
Brick, stucco
No Finish, Whites, Greys, Browns,
or Beiges
Base
Base or Foundation Brick, stone N/A
Windows, Bay Windows, and Entry Doors
Lintel Stone, concrete N/A
Entry Door Wood, aluminum-clad wood,
aluminum
Whites, Greys, Browns, or Beiges
Window Frames Wood, aluminum clad wood,
aluminum, fiberglass
Whites, Greys, Browns, or Beiges
Glazing Clear glass; shall not be tinted,
mirrored, or colored
N/A
Balconies
See Subsection 13 (Balconies) for allowed materials.

Porches
Columns Composite wood, wood, cast
stone, metal
N/A
Railing Composite wood, wood, metal N/A
Storefronts
Storefront Composite wood, wood, metal N/A
Storefront Base Wood panels, brick, stone tile,
fiber cement
N/A
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General note: The images above and the descriptions in Subsections 1 and 2 below are intended to provide a brief overview of the architectural style and are descriptive, not regulatory.

22.08.090 Mediterranean

2. Typical Characteristics
Low-pitched gabled or hipped roofs
clad in red tile with open eaves
Flat, rectilinear wall plane with
vertically proportioned punched
openings without trim
Stucco as primary facade material with
stucco or wood attached elements

1. Description of Style
Mediterranean style buildings in Marin County draw from Spanish Colonial, Pueblo, and Spanish Revival influences. These buildings combine austere wall planes with punched, recessed openings for windows.
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Elements of Mediterranean Style – Multifamily Prototype

3. Wall
No wall standards apply to this style. See Subsection 16 (Materials) for materials standards.

4. Base
None required
Window (See Subsection
9 for standards)
Balcony (See Subsection
13 for standards)
Entry Door (See
Subsection 12 for
standards)
Roof (See Subsection 5 for
standards)
Eave (See Subsection 7 for
standards)
Wall (See Subsection 3 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Dormer (See Subsection
11 for standards)
Prototypical Building Elevation
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22.08.090: Mediterranean
Elements of Mediterranean Style – Mixed-Use Prototype
Bay Window (See
Subsection 10 for
standards)
Window (See Subsection
9 for standards)
Storefront (See
Subsection 15 for
standards)
Wall (See Subsection 3 for
standards)
Balcony (See Subsection
13 for standards)
Roof (See Subsection 5 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Prototypical Building Elevation
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22.08.090: Mediterranean

5. Building Roof
Building Roof Standards Sloped Roof Flat Roof
Applicable Subsections
Subsection 6 (Rake) A N/A
Subsection 7 (Eave) A N/A
Subsection 8 (Parapet) N/A A
Form
Pitch 4:12 min.;
6:12 max.

N/A

6. Rake
No specialized rake profile
Closed Eave Section
Closed Eave Elevation

7. Eave
Standards Closed Open Returned
Height
Supporting
Element
1'0" min. 8" min. 1'0" min.

Fascia None None 6" min.

Horizontal Projection1
Overall 1'0" min. 3'0" min. 2'6" min.
1 Horizontal projection includes gutter.

Open Eave Section Returned Eave Section
Key A = Applicable N/A = Not Applicable
Open Eave Elevation Returned Eave Elevation
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22.08.090: Mediterranean

8. Parapet
Height
Supporting
Element
1'8" min.

Fascia 6" min.

Horizontal Projection2
Overall 2'0" min.

Continuous cornice required on all street facing facades.

Required Ornament
Type Brackets
Width 3" min., 5" max.

Spacing 24" max. on center
Placement Below fascia
2 Horizontal projection includes gutter.

Parapet Section Parapet Elevation
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22.08.090: Mediterranean
Ground Floor Typical Window Elevation
8 parts
Upper Floor Typical Window Elevation
6 parts

9. Windows
Opening
Proportion, Height to Width 3
Ground Floor 2.0 min.

Upper Floor 1.75 min.

Dormer See Subsection 11
(Dormers) for standards.

Typical Sizes, Width x Height
Ground Floor, Typical 3'0" x 6'0"
Ground Floor, Ganged 2'4" x 6'0"
Ground Floor, Picture 4'6" x 6'0"
Upper Floor, Typical 3'0" x 5'6"
Upper Floor, Ganged 2'4" x 5'6"
Upper Floor, Picture 4'6" x 5'6"
Privacy 2'0" x 4'0"
Shape Square, arched
Operation Casement
Window
Glazing Divisions 6 parts or 8 parts
Frame Width (Frame + Sash)
At Rail 2.5" min. ± 1/4"
At Stile 2.5" min. ± 1/4"
Molding Widths
Head 2" min.

Jamb 2" min.

Apron None required
Window Frame Recess
Depth 2" min.

Sill
Depth 2" min.

Pediment
Allowed No
Mullions
Mullions required between ganged windows.
"Typical" refers to a regular recurring window (i.e., size or lite pattern) on a facade.
3 Picture windows shall be wider than typical windows and equal in height to windows on the same floor.
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Upper Floor Ganged Window Elevation
6 parts
Upper Floor Picture Window Elevation
Ground Floor Ganged Window Elevation
8 parts
Ground Floor Picture Window Elevation
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22.08.090: Mediterranean
Bay Window Elevation

11. Dormers
Roof Form
Type Gable
Pitch 4:12 min.; 8:12 max.

Window
Proportion, Height
to Width

1.75 min.

Pediment
Allowed No
Dormers allowed for buildings with half stories.

See Subsections 6 (Rake), 7 (Eave), and 9 (Windows) for additional standards.

Dormer Elevation

10. Bay Windows
Form
Type Square4
Size
Height
On buildings with
heights up to 3 stories 2 stories max.

Width 6'0" min.; 12'0" max.

Depth 1'0" min.; 3'0" max.

Cornice Types
Building eave wraps bay.

Bay stops below building eave (bay has own cornice).

Bay returns into building eave (bay never projects above the building eave).
4 Corner bay may be turned on side to be rotated 45 degrees from building corner.

10. Bay Windows (Continued)
Additional Standards
Bay depth not allowed to project beyond eave depth.

Multi-story bay window form shall be vertically continuous.

Continuous horizontal articulation on building shall wrap bay form.

Bay Window Plan
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22.08.090: Mediterranean
Type 1
Square Guardrail
Type 2
Turned Guardrail
Type 3
Decorative Metal Guardrail
Entry Door Elevation

12. Entry Doors
Door
Number of Panels 2 min.

Surround
None required
Additional Elements
Transom Allowed
Pediment Not Allowed
Balcony Front Elevation

13. Balconies
Allowed Materials
Type 1 - Square Guardrail
Post, Baluster, Handrail,
Fascia, and Brackets
Metal, composite wood, wood
Type 2 - Turned Guardrail
Post, Baluster, Handrail,
Fascia, and Brackets
Metal, composite wood, wood
Type 3 - Decorative Metal Guardrail
Post, Handrail, Fascia,
and Brackets
Metal, composite wood, wood
Baluster Metal
Size
Overall Balcony Width 10'0" max.

Width Between Posts 3' min.
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22.08.090: Mediterranean
Porch Elevation

14. Porches
Columns
Shape Square or round, with capitals or
brackets
Diameter 8" min.

Spacing 9'0" max. on center
Entablature
Overall 10" min.

No porch or deck on or above roof structure
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Storefront Elevation Storefront Section

15. Storefronts
Width
Storefront Module 10'0" min.; 15'0" max.

Display Window 3'0" min.; 4'0" max.

Distance Between
Storefront Modules
1'6" min.; 2'6" max.

Height
Head Height 11'0" min.

Cornice None
Signage Band None
Base 1'0" min.; 2'0" max.

Horizontal Recess
Depth 6" min.; 9" max.

Base shall be continuous, unless divided by pilaster, and align with base height of building (if any).
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22.08.090: Mediterranean

16. Materials
Element Allowed Materials Required Finish
Wall
Wall Cladding Stucco Whites, Greys, Browns, or Beiges
Roof and Roof Elements
Roofing Terracotta clay barrel tiles N/A
Rake and Eave Wood, composite wood, stucco N/A
Cornice Wood, composite wood, stucco N/A
Brackets Composite wood, wood, or
fiberglass
N/A
Gutter Metal half-round N/A
Windows, Bay Windows, and Entry Doors
Entry Door Wood, aluminum, fiberglass,
composite
Whites, Greys, Browns, or Beiges
Window Frames Wood, aluminum-clad wood,
aluminum, fiberglass
Whites, Greys, Browns, or Beiges
Sill Stucco, cast stone N/A
Glazing Clear glass; shall not be tinted,
mirrored, or colored
N/A
Balconies
See Subsection 13 (Balconies) for allowed materials.

Porches
Columns Composite wood, wood, fiberglass,
metal
N/A
Railing Wood, wrought iron N/A
Storefronts
Storefront Composite wood, wood, metal N/A
Storefront Base Stucco, tile N/A
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22.08.090: Mediterranean
General note: The images above and the descriptions in Subsections 1 and 2 below are intended to provide a brief overview of the architectural style and are descriptive, not regulatory.

22.08.100 Tudor

2. Typical Characteristics
Prominent gabled roof forms with
steep pitch and open eaves
Vertically proportioned openings with
surround
Brick and stucco as primary facade
materials, often with half-timbering at
upper floors
Open eaves

1. Description of Style
Tudor style buildings are inspired by the Storybook and Tudor Revival styles that emerged in America in the late 19th century. Its origins are in late Medieval English construction, reflected in faux half-timbering often expressed in upper stories. Initially used in formal civic buildings, the style became popular in Marin communities for main street building types.
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22.08.100
Elements of Tudor Style – Multifamily Prototype

3. Wall
Half-Timbering Trim
Width 10" min.

Align bottom of half-timbering with bottom of porch
entablature, where occurs.

4. Base
None required
Window (See Subsection
9 for standards)
Porch (See Subsection 14
for standards)
Entry Door (See
Subsection 12 for
standards)
Roof (See Subsection 5 for
standards)
Eave (See Subsection 7 for
standards)
Wall (See Subsection 3 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Dormer (See Subsection
11 for standards)
Align
Prototypical Building Elevation
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22.08.100: Tudor
Elements of Tudor Style – Mixed-Use Prototype
Window (See Subsection
9 for standards)
Storefront (See
Subsection 15 for
standards)
Wall (See Subsection 3 for
standards)
Roof (See Subsection 5 for
standards)
Eave (See Subsection 7 for
standards)
Rake (See Subsection 6 for
standards)
Note: The image below is intended to provide a reference for architectural elements and is illustrative, not regulatory. It is not an exhaustive list of applicable standards.

Prototypical Building Elevation
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22.08.100: Tudor

5. Building Roof
Building Roof Form
Pitch 10:12 min.

Gable End Form
Pitch 12:12 min.

6. Rake
Horizontal Projection to
Fascia
8" min.

See Subsection 7 (Eave) for height standards.

Rake Section
Gable End Elevation
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22.08.100: Tudor

8. Parapet
No flat roofs are allowed in this style and parapet standards are not applicable. See Subsection 5 (Roof), Subsection 6 (Rake) and Subsection 7 (Eave) for standards applicable to sloped roofs.

7. Eave
Standards Open Eave Returned Eave
Height
Overall 8" min. 10" min.

Horizontal Projection 1
Overall 1'0" min. 1'0" min.
1 Horizontal projection includes gutter.

Open Eave Elevation Returned Eave Elevation Returned Eave Alternate Elevation
Open Eave Section Returned Eave Section
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22.08.100: Tudor

9. Windows
Opening
Proportion, Height to Width 2
Ground Floor 2.0 min.

Upper Floor 1.75 min.

Dormer See Subsection 11
(Dormers) for standards.

Typical Sizes, Width x Height
Ground Floor, Typical 3'0" x 6'0"
Ground Floor, Ganged 2'4" x 6'0"
Ground Floor, Picture 4'6" x 6'0"
Upper Floor, Typical 3'0" x 5'6"
Upper Floor, Ganged 2'4" x 5'6"
Upper Floor, Picture 4'6" x 5'6"
Privacy 2'0" x 4'0"
Shape Square
Operation Single Hung, Double Hung,
Casement
Window
Glazing Divisions 6 parts min.; 24 parts max.

Frame Width (Frame + Sash)
At Rail 2.5" min. ± 1/4"
At Stile 2.5" min. ± 1/4"
Trim Widths
Head None required
Jamb None required
Apron None required
Window Frame Recess
Depth 2" min.

Sill
Depth 3" min.

Pediment
Allowed No
Mullions
Mullions required between ganged windows.
"Typical" refers to a regular recurring window (i.e., size or lite pattern) on a facade.
2 Picture windows shall be wider than typical windows and equal in height to windows on the same floor.

Ground Floor Typical Window Elevation
24 parts
Upper Floor Typical Window Elevation
20 parts
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Upper Floor Ganged Window Elevation
15 parts and 20 parts
Upper Floor Picture Window Elevation
Ground Floor Ganged Window Elevation
18 parts and 24 parts
Ground Floor Picture Window Elevation
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Bay Window Elevation
Bay Window Plan

11. Dormers
Roof Form
Type Gable
Pitch 12:12 min.

Window
Proportion, Height
to Width

1.75 min.

Width 3'0" min.

Pediment
Allowed No
Dormers allowed only for buildings with half stories.

See Subsections 6 (Rake), 7 (Eave), and 9 (Windows) for additional standards.

Dormer Elevation

10. Bay Windows
Form
Type Square
Size
Height
On buildings with
heights up to 3 stories 2 stories max.

On buildings with
heights above 3 stories
2 stories plus 1 additional
story for each building
story over 3 max.

Width 6'0" min.; 12'0" max.

Depth 1'0" min.; 3'0" max.

Cornice Types
Building eave wraps bay.

Bay stops below building eave (bay has own cornice).

Bay returns into building eave (bay never projects above the building eave).

Additional Standards
Bay depth not allowed to project beyond eave depth.

10. Bay Windows (Continued)
Multi-story bay window form shall be vertically continuous.

Continuous horizontal articulation on building shall wrap bay form.

Corner bay may be turned on side to be rotated 45 degrees from building corner.
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Entry Door Elevation

12. Entry Doors
Door
Number of Panels 2 min.

Surround
None required
Additional Elements
Transom Allowed
Pediment Not Allowed
Balcony Front Elevation

13. Balconies
Allowed Materials
Type 1 - Square Guardrail
Post, Baluster, Handrail,
Fascia, and Brackets
Metal, composite wood, wood
Type 2 - Flat Sawn Guardrail
Post, Baluster, Handrail,
Fascia, and Brackets
Metal, composite wood, wood
Type 3 - Decorative Metal Guardrail
Post, Handrail, Fascia,
and Brackets
Metal, composite wood, wood
Baluster Metal
Size
Overall Balcony Width 10'0" max.

Width Between Posts 3' min.

Type 1
Square Guardrail
Type 2
Flat Sawn Guardrail
Type 3
Decorative Metal Guardrail
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22.08.100: Tudor
Two-Story Porch
One-Story Porch

14. Porches
Columns
Shape Square stock (paired)
Width 6" min. each
Spacing 8' max. on center
Entablature
Height of Topmost Entablature
Overall 1'6" min.

Height of Floor-to-Floor Entablature
Overall 10" min.

No porch or deck on or above roof structure
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Storefront Elevation Storefront Section

15. Storefronts
Width
Storefront Module 10'0" min.; 15'0" max.

Display Window 3'0" min.; 4'0" max.

Distance Between
Storefront Modules
1'0" min.; 2'0" max.

Height
Overall 13'0" min.

Head Height 10'0" min.

Cornice 10" min.

Signage Band 1'6" min.

Base 1'0" min.; 2'0" max.

Horizontal Recess
Depth 6" min.; 1'0" max.

Base shall be continuous, unless divided by pilaster, and align with base height of building (if any).

Cornice shall be continuous.
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22.08.100: Tudor

16. Materials
Element Allowed Materials Required Finish
Wall
Wall Cladding Stone, stucco, brick, composite
wood, wood, fiber cement
Whites, Greys, Browns, or Beiges
Base
Base or Foundation Brick, stone, cast stone, painted
concrete, stucco
No Finish, Greys, Browns, or
Beiges
Roof and Roof Elements
Roofing Asphalt shingles, slate Browns, Blacks, or Beiges Rake and Eave Composite wood, wood N/A
Cornice Composite wood, wood N/A
Brackets Composite wood, wood, fiberglass N/A
Gutter Metal half-round N/A
Windows, Bay Windows, and Entry Doors
Trim or Surround Composite wood, wood, fiber
cement
Whites, Greys, Browns, or Beiges
Entry Door Wood, aluminum, fiberglass,
composite
Whites, Greys, Browns, or Beiges
Window Frames Wood, aluminum-clad wood,
aluminum, fiberglass
Whites, Greys, Browns, or Beiges
Glazing Clear glass; shall not be tinted,
mirrored, or colored
N/A
Balconies
See Subsection 13 (Balconies) for allowed materials.

Porches
Columns Composite wood, wood, fiberglass,
metal
N/A
Railing Composite wood, wood, wrought
iron
N/A
Storefronts
Storefront Composite wood, wood, metal N/A
Storefront Base Wood panels, brick, fiber cement N/A
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22.08.100: Tudor

22.09.010 Purpose
This Chapter establishes standards to create walkable neighborhoods.

1. Development subject to this Chapter is required to create and reinforce walkable neighborhoods with a mix of housing, civic, retail, and service uses within a compact, walkable, and transit-friendly environment.

2. Developments in compliance with this Section shall achieve the following goals:

A. Improve the built environment and human habitat;
B. Promote development patterns that support safe, effective, and multi-modal transportation options, including auto, pedestrian, bicycle, and transit;
C. Reduce vehicle traffic and support transit by providing for a mixture of land uses, highly interconnected block and street network, and compact community form; D. Generate or reinforce neighborhoods with a variety of housing types to serve the needs of a diverse population;
E. Promote the health benefits of walkable environments; F. Generate pedestrian-oriented and scaled neighborhoods where the automobile is accommodated but does not dominate the streetscapes;
G. Reinforce the unique identity of the City and build upon the local context, climate, and history; H. Realize development based on the patterns of existing walkable neighborhoods; and I. Design that suits specific topographical, environmental, design site layout, and design constraints unique to the design site.

Chapter 9: Specific to Large Sites
Sections:

22.09.010 Purpose

22.09.020 General to Walkable Community Design

22.09.030 Walkable Neighborhood Plan

22.09.040 General to Civic Space
May 16, 2022 City of Belvedere Objective Design and Development Standards 193

22.09.020 General to Walkable Community Design

1. Developments of at least two acres or at least 700 feet long or deep shall be designed per the following standards:

A. Developments of at least two acres, see Figure 1 [Walkable Neighborhood Plan Design Process Overview for Large Sites (At Least 2 Acres)]
B. Walkable Neighborhood Plan (WNP). Proposed development is required to include a Walkable Neighborhood Plan (WNP) in compliance with this Subsection that identifies the proposed and existing blocks, civic and open spaces, and streets within 1,500 linear feet of the proposed development.

WNPs shall include the information required in Section 22.09.030 (Walkable Neighborhood Plan).

2. Civic Space Required
A. Civic space shall be provided in compliance with Section 22.09.040 (General to Civic Space).

B. A minimum of 10 percent of the total development area, after subtracting street right-of ways, is required.

3. Streets. Streets are to be applied to create walkable neighborhoods with redundant routes for vehicular, bicycle, and pedestrian circulation.

A. New streets are required to meet the standards in Section 18.12.060 (Streets and Other Public Ways—Minimum Requirements), including maximum slope.

B. Required streets, indicated on the Official Zoning Map or Site Development Regulating Plan may be adjusted from their identified location by up to 100 feet in either direction.

C. The WNP shall identify the proposed street and block network.

D. Streets that pass from one zone to another may transition in their streetscape along the street's edges. For example, while a street within a more intense zone (e.g., T4SMS.S) with retail shops may have wide sidewalks with trees in grates, it may transition to a narrower sidewalk with a planting strip within a less intense zone (e.g., T4SN.S) with lower intensity residential building types.

4. Alleys
A. Existing alleys may be removed if street access is provided to the design sites on those blocks in compliance with the access standards of the zone.

B. Alleys may be added in compliance with Section 18.12.060 (Streets and Other Public Ways— Minimum Requirements) and in compliance with Table A (Block Size Standards).

C. Design sites adjoining an alley and/or with a slope greater than six percent may be reduced in depth by up to 10 feet of the required depth. Rear setbacks may be reduced as allowed by Section

22.10.030 (Adjustment to Standards). Front setbacks shall not be reduced.

5. External Connectivity
A. The arrangement of streets shall provide for the alignment and continuation of existing or proposed streets into adjoining lands where the adjoining lands are undeveloped and intended for future development, or where the adjoining lands are undeveloped and include opportunities for such connections.

B. Street rights-of-way shall be extended to or along adjoining property boundaries to provide a roadway connection or street stub for development, in compliance with Table A (Block Size Standards), for each direction (north, south, east, and west) in which development abuts vacant land. 194
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City of Belvedere Objective Design and Development Standards May 16, 2022

22.09.020
Divide development area to
create smaller blocks and a
network of interconnected
streets, see Table A (Block Size
Standards).

A. Introduce new streets from
the Streets and Other Public
Ways in Section 18.12.060.

B. Identify at least 10% of the
development area as new civic
space. 10% is calculated after
subtracting street ROWs.

If rear vehicular access is
preferred, introduce alleys to
provide access to design sites
and maintain a continuous
streetscape without the
interruption of driveways.
1 Blocks 2 Streets/Civic Space 3 Alleys
Apply zones to implement the
intended physical character in
compliance with Subsection

22.09.020.8.

For each block, select at least two
building types from the allowable
building types in Subsection 2 of
each zone and introduce design
sites1
within each block based on
the required design site width
and depth.

Show the different
building types in each block, and
identify the selected frontage
types for each design site.

See Subsection 7 of each zone
and check Section 22.09.030
(Walkable Neighborhood Plan)
for all standards.
4 Zones 5 Design Sites 6 Buildings
Figure 22.09.020.1: Walkable Neighborhood Plan Design Process Overview for Large Sites (At Least 2 Acres) Street Street
Street
Street
Property Boundary
Street
Street
Street
New Street
New Street
Alley
Alley Alley
Alley
Street
Street
Street
Street
New Street
New Street
Street
Street
StreetStreet
New Street
New Street
Street
Street
Street
New Street
New Street
Alley
Alley Alley
Alley
Street
Street
StreetStreet
New Street
New Street
1 Design site lines may be permanently
recorded by the applicant.

T3 Suburban Neighborhood
T4 Suburban Neighborhood.Small
T4 Suburban Main Street.Small
House
Duplex
Multiplex
Neighborhood Courtyard
Main Street Building
Neighborhood Townhouse
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22.09.020
C. Right-of-way stubs shall be identified and include a notation that all stubs are to connect with future streets on adjoining property and be designed to transition in compliance with Section 18.12.060 (Streets and Other Public Ways—Minimum Requirements).

D. New dead-end streets and cul-de-sacs are not allowed, except when the grade of the new street exceeds 15 percent.

6. Block Size (New Blocks and Blocks to be Modified)
A. Individual block lengths and the total block perimeter shall be in compliance with the standards in Table A (Block Size Standards).

B. If a block contains multiple zones, the most intense zone is to be used to establish the standards for block size.

C. Blocks shall be a minimum width to result in two halves of developable design sites in compliance with the design site depth standards for the allowed building types in the zone. A single half is allowed when adjoining an existing half-block.

D. Blocks shall be designed so that new streets and design sites conform with Section 22.05.050 (Slope Standards).

E. Blocks may be uniquely shaped in compliance with the standards in Table A (Block Size Standards), and the allowed adjustments in Table 22.10.030.A (Adjustments to Standards for Design Sites Less Than 6% Slopes) and Table 22.10.030B (Adjustments to Standards for Design Sites Over 6% Slopes).

Table 22.09.020.A: Block Size Standards
Zone Length Passage Required1
Perimeter
Length
T3SN 900' max. Yes 2,400' max.

T4SN.S 600' max. Yes 2,000' max.

T4SMS.S 600' max. Yes 2,000' max.
1 In compliance with the standards for a Passage in Subsection 22.09.040.11 (Passage) Figure 22.09.020.2 Block Size
Key
Block Perimeter Design Site
Block Length
Block Half Block Half
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22.09.020

7. Stormwater Management
A. Integrated Design
(1) Stormwater management is required through a system that is integral to the streetscapes and/ or the civic and open space(s) in the development.
(2) The WNP shall identify the area(s) being proposed for managing stormwater. These areas are required to be a combination of the following:
(a) Swale within a planted median;
(b) Swale within a continuous tree planter adjacent to the travel lane; (c) Pond or other water body; and/or
(d) Areas within an allowed civic space type.
(3) The area(s) used for stormwater management is to be designed for both seasonal temporary on-site retention of stormwater and as public open space for the neighborhood(s) accessible to the public.
(4) The stormwater management area(s) may connect with those of adjacent development(s).

Figure 22.09.020.3 Stormwater Management Diagram
Key
Potential Area for Stormwater Management
Planted Swale
Civic Space Graded to also Accommodate Stormwater
Flow
Directed to
Center of
Civic Space
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8. Applying Zones
A. Allocation of Zones. The WNP shall map the proposed zones on the proposed blocks and any existing blocks in the development in compliance with the following:
(1) Sites less than three acres are required to apply one zone, using only the zones established in Chapter 3 (Zones); or
(2) Sites greater than three acres and up to 20 acres shall apply at least two zones using only the zones established in Chapter 3 (Zones); or
(3) Sites over 20 acres shall apply zones in compliance with the allocation mix standards in Table B (Required Allocation Mix of Zones).

B. Organization of Zones. Zones shall be organized and mapped in a manner that responds appropriately to the various design site conditions. When applying or amending zone boundaries, more intense zones (i.e., T4SMS.S) shall be organized around a neighborhood main street, civic or open space, transit stop, or civic building locations suitable for greater intensities. These areas shall not be located on slopes greater than six percent.

C. Transition between Zones. Transitions between zones shall occur within the block or across alleys along the adjacent prevailing slope.

Table 22.09.020.B: Required Allocation Mix of Zones
Zone Minimum % of Land1 Maximum % of Land1
Walkable Development Total to not exceed 100%
T3SN None 15%
T4SN.S 10% 40%
T4SMS.S None 25%
Walkable Development within
1,500 feet of transit stop2 Total to not exceed 100%
T3SN None 10%
T4SN.S 30% 50%
T4SMS.S None 30%
1 Net area after subtracting rights-of-way for streets and open/civic space 2 A high-frequency transit stop with approximately 15-minutes between arriving buses 198
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City of Belvedere Objective Design and Development Standards May 16, 2022

22.09.020

22.09.030 Walkable Neighborhood Plan

1. Walkable Neighborhood Plan (WNP) Standards
A. Organization. Each WNP is required to:
(1) Identify the zone(s), civic space(s), street and block network, as allowed to be adjusted by Table 22.10.030.A (Adjustments to Standards for Design Sites Less Than 6% Slopes) and Table

22.10.030B (Adjustments to Standards for Design Sites Over 6% Slopes); and (2) Be in compliance with the design standards of Section 22.09.020 (General to Walkable Community Design).

2. Required Content
A. General. Each WNP shall include the following information:
(1) Boundaries of the proposed development;
(2) Existing and proposed blocks within 1,500 linear feet of the development boundaries; (3) Open space not to be developed (if any);
(4) Civic space, in compliance with Section 22.09.040 (General to Civic Space); and (5) Mapping of proposed zones in compliance with Subsection 22.09.020.8.

B. Illustrative Site Plan
(1) The proposed physical character of the WNP shall be identified on an Illustrative Plan showing, in plan view, the proposed building types and private frontage types on each block and the proposed public frontage types showing proposed trees and landscaping along streets and in civic space types.
(2) As individual needs of a development may change over time, the building types specified in the WNP may be substituted with other building types allowed by the zone in compliance with the zone standards.

3. Required Mix of Building Types and Private Frontage Types A. The WNP shall maintain a mix of at least two different building types and two different private frontage types within each block, using only the types allowed in the zone(s).

B. The WNP shall maintain a mix of at least two different architectural styles within each block.

C. The WNP shall show dimensioned block depths for both halves of each block to demonstrate compliance with the minimum design site depth required for the building types in each zone.

D. The applicant may choose to show the shortest minimum design site depth allowed in each zone with an acknowledgement that the selected depth may not accommodate the full range of building types allowed by the zone.
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May 16, 2022 City of Belvedere Objective Design and Development Standards

22.09.030

22.09.040 General to Civic Space

1. The WNP shall identify open spaces and civic space types in compliance with the following standards and the standards of Table A (Civic Space Types Overview).

2. When hillsides are within the development, the hillside ridge(s) shall be the location for civic and open space.

3. Required civic and open space identified on the Official Zoning Map may be adjusted from its identified location by up to 100 feet in any direction.

4. Public access and visibility is required along public parks, natural open spaces, and civic uses, including creeks and drainages and stormwater management areas, and shall be fronted by:

A. Single-loaded frontage streets (those with development on one side and open space on the other); B. Bike and pedestrian paths; or
C. Other methods of frontage that provide similar access and visibility to the open space allowed in the zone. Such access may be provided through public easements or other similar methods.

5. Amount of Civic Space Required. As required by Subsection 22.09.020.2, development design sites are required to set aside a minimum area of the design site as civic space. One or more civic spaces may be used to meet the required area.

6. Building Frontage Along or Adjacent to a Civic Space. The facades on building design sites attached to or across a street from a civic space shall be designed as a "front" on to the civic space, in compliance with Subsection 4 and Subsection 7 of the zone.

7. Civic Space Types Overview. This Subsection identifies the allowed civic space types and standards for improvements to existing civic spaces and for construction of new civic spaces. For each civic space type, Subsection 1 and Subsection 3 are regulatory, and Subsection 2 and Subsection 4 are non-regulatory.

Allowed civic space types are identified in Table A (Civic Space Types Overview). 200
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City of Belvedere Objective Design and Development Standards May 16, 2022

22.09.040
Key P = Allowed X = Not Allowed
Table 22.09.040.A: Civic Space Types Overview
Specific Standards
T4
T3SN SN.S SMS.S
Green 22.09.040.8 P P X
Plaza 22.09.040.9 X X P
Community Garden 22.09.040.10 P P P
Passage 22.09.040.11 P P P
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8. Green

1. Description
A large space available for unstructured and limited amounts of structured recreation.

2. General Character
Formal or informal with integral stormwater management capacity Primarily planted areas with paths to and between recreation areas and civic buildings Spatially defined by tree-lined streets and adjacent buildings

3. Size and Location
Size 300' x 300' min.

Street required on at least one side of the Green.

Facades on design sites attached to or across a street shall "front" on to the Green.

4. Typical Uses
Unstructured passive and active recreation
Civic uses
Temporary commercial uses
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22.09.040

9. Plaza

1. Description
A community-wide focal point primarily for civic purposes and commercial activities.

2. General Character
Formal, urban
Hardscaped and planted areas in formal patterns
Spatially defined by buildings and tree-lined streets

3. Size and Location
Size 50' x 50' min.

Street required one of the Plaza's sides.

Facades on design sites attached to or across a street shall "front" on to the Plaza.

4. Typical Uses
Civic uses
Commercial uses in support of civic uses
Passive recreation
Accessory Uses < 1,500 gsf
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22.09.040

10. Community Garden

1. Description
A small-scale space designed as a grouping of garden plots available for small-scale cultivation.

Community gardens may be fenced and may include a small accessory structure for storage. Community Gardens may be included within all other civic space types except Playgrounds.

2. General Character
Informal or Formal, urban
Combination of planted areas and hardscape
Spatially defined by building frontages and adjacent street trees Walkways along edges or across space

3. Size and Location
Size No minimum; within any design site as allowed by the zone

4. Typical Uses
Food production
Passive recreation
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22.09.040

11. Passage

1. Description
A pedestrian pathway that extends from the public sidewalk into a civic space and/or across the block to another public sidewalk. The pathway is lined by non-residential shopfronts and/or residential ground floors and pedestrian entries as required by the zone.

2. General Character
Formal, urban
No accessory structure(s)
Primarily hardscape with landscape accents
Spatially defined by building frontages
Trees and shrubs in containers and/or planters

3. Size and Location
Size 20' min. clear width between or through buildings
Ground floor facades shall be in compliance with facade zone in Subsection 4 and frontages allowed in Subsection 7 of the zone.

Dooryards, porches, patios, and sidewalk dining shall not encroach into the minimum required width.

4. Typical Uses
Civic and commercial activity as allowed by the zone
Ground floor residential as allowed by the zone
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Sections:

22.10.010 Purpose

22.10.020 Procedures

22.10.030 Quick Code Guide for Developments Less Than Two Acres

22.10.040 Quick Code Guide for Developments of at Least Two Acres

22.10.010 Purpose
This Chapter is intended to establish procedures for applications eligible for streamlined review consistent with State law (i.e., Senate Bill 35) and for reviewing applications under the Housing Accountability Act. The City is responding to State mandates and including application procedures in Title 22 that are compliant with State law but reflect the unique conditions and procedures within the City. The intent of Senate Bill 35 and the Housing Accountability Act is to facilitate and expedite the construction of housing through the application of objective standards and, with Senate Bill 35, ministerial and streamlined approval procedures. These procedures shall be used in conjunction with the objective standards contained in this Title as applicable.

22.10.020 Procedures

1. Procedures for Applications Filed Under Senate Bill 35 A. Applicability
(1) This Section applies to housing development projects applying for approval under Government Code §65913.4 and replaces the City's procedures for reviewing discretionary applications. (2) This Section shall remain in effect for the same period as Senate Bill 35 provisions contained in Government Code §65913.4. Unless Senate Bill 35 provisions are extended by the State Legislature, this Section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(3) The California Environmental Quality Act (CEQA) does not apply to projects eligible under Senate Bill 35.
(4) The Department of Housing and Community Development is charged with developing guidelines for implementing Senate Bill 35. These procedures may change if required by changes in those guidelines or in Government Code §65913.4.

Chapter 10: Administration
May 16, 2022 City of Belvedere Objective Design and Development Standards 207 B. Definitions. Terms defined in Government Code §65913.4 shall apply to this Section and shall control in the event of a conflict between definitions in this Title and definitions in Government Code §65913.4.

C. Application Filing
(1)
(a)
(b)
(c)
i.
ii.
iii.
(2)
D. Completeness Review. The City shall review an application for compliance consistent with Subsection 1.E; there shall be no separate or additional timeframe for completeness review. Only the items necessary to determine compliance with the provisions contained in Government Code §65913.4(a) shall be required.
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22.10.020
E. Compliance Review
(1)
(2)
(a)
i.
ii.
(b)
i.
ii.
(3)
(a)
(b)
i.
ii.
iii.
209
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22.10.020
F. Decision on Project
(1)
(2)
G. Post-decision Procedures
(1)
(2)
(a)
(b)
i.
ii.
iii.
(c)
(3)
(4)
210
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22.10.020
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2. Procedures for applications filed consistent with the Housing Accountability Act A. Applicability
(1)
(2)
B. Definitions. Terms defined in Government Code §65589.5 shall apply to this Section and shall control in the event of a conflict between definitions in this FBC and definitions in Government Code §65589.5.

C. Application Filing
(1)
(a)
(b)
(2)
D. Conflicting Procedures. This Section provides additional procedures that shall be followed for applicable projects. If conflicts occur between the City's procedures and the procedures of this Section, this Section shall control.
212
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22.10.020
E. Completeness Review
(1)
(2)
(a)
(b)
(c)
213
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22.10.020
F. Compliance Review
(1)
(a)
i.
ii.
iii.
iv.
v.
(b)
214
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City of Belvedere Objective Design and Development Standards May 16, 2022

22.10.020
(2)
(a)
(b)
(3)
(4)
(a)
(b)
(5)
215
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May 16, 2022 City of Belvedere Objective Design and Development Standards

22.10.020
G. Findings and Decision
(1)
(a)
i.
ii.
(b)
(2)
(a)
(b)
(c)
(d)
H. Post-Decision Procedures. Post-decision procedures for the required permit (full application) shall be followed provided those procedures do not conflict with applicable Government Code sections for housing developments (i.e., Housing Accountability Act, Government Code §65589.5). 216
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22.10.020
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Figure 22.10.020.1: Process for Developments Eligible for Senate Bill 35 Streamlining with 150 units or Fewer (Government Code §65913.4)
Does the development have 150 units or fewer?
An applicant electing to use SB 35 streamlining submits a preliminary application.

Yes No
Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
60-day timeframe from application submittal
Design Review or Public Oversight
Planning Commission to determine if
development complies with Gov Code §65913.4(a)
and objective standards in effect at time of
preliminary application submittal. 90-day
timeframe from application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
See Figure 22.10.020.2
Written explanation of standards
that aren’t complied with (within
required timeframe)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under
other local process
Scoping consultation conducted per Gov Code §65913.4(b).

After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.

After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
218
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City of Belvedere Objective Design and Development Standards May 16, 2022

22.10.020
Figure 22.10.020.2: Process for Developments Eligible for Senate Bill 35 Streamlining with 151 units or More (Government Code §65913.4)
An applicant electing to use SB 35 streamlining submits a preliminary application.

Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
90-day timeframe from application submittal
Design Review or Public Oversight
Planning Commission to determine if
development complies with Gov Code §65913.4(a)
and objective standards in effect at time of
preliminary application submittal. 180-day
timeframe from application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
Written explanation of standards that
aren’t complied with (within required
timeframe)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under SB
35 (or other local process)
Does the development have 151 units or more?
Yes No See Figure 22.10.020.1
Scoping consultation conducted per Gov Code §65913.4(b).

After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.

After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
219
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22.10.020
Figure 22.10.020.3: Process for Developments Eligible for Housing Accountability Act (HAA) Protection (Government Code §65589.5)
Is it a preliminary application (per Gov Code
§65941.1)?
An applicant submits a development application eligible for protection under the HAA.

Yes No
Development shall be subject
to objective standards in effect
when application deemed
complete
Development shall only be
subject to objective standards
in effect at time of complete
preliminary application
submittal
Applicant submit a full application
within 180 days from preliminary
application submittal
Jurisdiction has 30 days to
review for completeness. Is it a
complete application per Gov
Code §65943?
Application deemed complete Yes No
Jurisdiction does NOT provide
completeness letter within 30 days
Jurisdiction provides completeness
letter within 30 days
Does the
development have
150 units or fewer?
Yes No
Applicant submits specific
information requested
Jurisdiction has 30 days from
deemed complete to review for
compliance
Jurisdiction has 60 days from
deemed complete to review for
compliance
If a preliminary application
was submitted, and applicant
does NOT submit required
information within 90 days of
receipt of completeness letter,
preliminary application expires
Upon a second incompleteness
determination, applicant may
appeal. Decision on appeal
If in compliance, OR if within 60 days
review NOT completed with
timeframe, development
deemed in compliance
No more than five hearings/
meetings may be held before
decision
Final decision within 60 days of CEQA
exemption determination, MND adoption,
or EIR certification for affordable housing
developments; 90 days after EIR certification
for all other residential developments
If not in
compliance,
jurisdiction
identifies
and explains
reason(s) for noncompliance in
writing. Applicant
resubmits.
220
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22.10.020
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22.10.030 Quick Code Guide for Developments Less Than Two Acres 222
Administration
City of Belvedere Objective Design and Development Standards May 16, 2022 Identify your zone, see
Chapter 3 (Zones) and Belvedere
Objective Design Standards
Zones Map
a. Select your building type(s) Subsection 2 of the zone b. Comply with building placement standards Subsection 4 of the zone c. Comply with building form and height standards Subsection 3 of the zone d. Select from allowed uses Table 22.04.030.A (Uses)
e. Comply with parking standards Subsection 6 of the zone f. Select your private frontage type Subsection 7 of the zone Identify your building type
standards, see Chapter 6
(Specific to Building Types)
a. Select your detailed massing type Subsections 3 and 7 of the building type b. Comply with the standards Subsections 1, 2, 4-7 of the building type
1 Developments that propose multiple design sites shall apply this process for each design site.

Determine your Maximum Zoning Envelope1
1 Apply your private
frontage type(s), see Chapter
7 (Specific to Private Frontage
Types)
Based on your selected private frontage type(s),
comply with the standards
See Subsections of the private frontage
type
Connect Ground Floor to Adjacent Streetscape 2
Identify your architectural
standards, see Chapter 8
(Specific to Architectural
Design)
Based on your selected detailed massing type, select
your architectural style
Subsections 1-16 of the architectural
style
Design your Building 3
The following graphic is intended as a summary guide. Please refer to the procedures for applications eligible for streamlined review consistent with State Law [Section 22.10.020 (Procedures)] for all necessary information. 223
Administration
May 16, 2022 City of Belvedere Objective Design and Development Standards If adjustments are
proposed, see Section

22.10.030 (Adjustments to
Standards)
Meet the required findings to be eligible for the
adjustment to the standard(s)
Section 22.10.030 (Adjustments to
Standards)
Identify your approval
procedure, see Chapter 10
(Administration)
Comply with the procedure standards Section 22.10.020 (Procedures) Proceed to Approval Process 4
224
Administration
City of Belvedere Objective Design and Development Standards May 16, 2022 Identify your zone(s),
see Chapter 3 (Zones) and
Belvedere Objective Design
Standards Zones Map
For each WNP:
a. Select your building type(s) Subsection 2 of the zone b. Comply with building placement standards Subsection 4 of the zone c. Comply with building form and height standards Subsection 3 of the zone d. Select from allowed uses Table 22.04.030.A (Uses)
e. Comply with parking standards Subsection 6 of the zone f. Select your private frontage type for each
building type
Subsection 7 of the zone
Identify your building type
standards, see Chapter 6
(Specific to Building Types)
a. Select your detailed massing type for each
building type
Subsections 3 and 7 of the building type
b. Comply with the standards Subsections 1, 2, 4-7 of the building type
1 This process shall be applied to each design site.

Determine your Maximum Zoning Envelope1
2 Apply your private
frontage types to each
building type,
see Chapter 7 (Specific to Private
Frontage Types)
Based on your selected building types, comply with
the standards
See Subsections of the private frontage
type
Connect Ground Floor of each Building Type to Adjacent Streetscape 3 Apply the WNP design
process, see Subsection

22.09.020.1
Comply with the standards Section 22.09.020 (General to Walkable Community Design)
Prepare WNP Comply with the standards Section 22.09.030 (Walkable Neighborhood Plan)
Design your Walkable Neighborhood Plan (WNP) 1
The following graphic is intended as a summary guide. Please refer to the procedures for applications eligible for streamlined review consistent with State Law [Section 22.10.020 (Procedures)] for all necessary information.

22.10.050 Quick Code Guide for Development of at Least Two Acres 225
Administration
May 16, 2022 City of Belvedere Objective Design and Development Standards Identify your architectural
standards, see Chapter 8
(Specific to Architectural
Design)
Select your architectural style standards for each
building type
Subsections 1-16 of the
architectural style
Design your Buildings 4
If adjustments are
proposed, see Section

22.10.030 (Adjustments to
Standards)
Meet the required findings to be eligible for the
adjustment to the standard(s)
Section 22.10.030 (Adjustments to
Standards)
Identify your approval
procedure, see Chapter 10
(Administration)
Comply with the procedure standards Section 22.10.020 (Procedures) Proceed to Approval Process 5
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Administration
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22.11.010 Purpose
This Chapter provides definitions for specialized terms and phrases used in this FBC. All other applicable definitions in Chapter 19.08 (Definitions) of Title 19 (Zoning) apply.

22.11.020 Definitions
A. Definitions
Abutting. Having a common property line or district boundary, or separated by a private or public street or easement.

Access or Service Drive. A public or private way of paving or right-of-way of not more than 30 feet affording means of access to property.

Access Frontage or Service Road or Street. A public or private street or right-of-way of not less than minimum standards as specified by the subdivision ordinance of the City affording means of access to property.

Accessory Dwelling Unit (ADU). An attached or detached residential dwelling unit which provides complete living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, which is located on the same parcel as a single-unit dwelling.

Accessory Structure (syn. Accessory Building). A structure physically detached from, secondary and incidental to, and commonly associated with a primary structure or use on the same site. Accessory structures normally associated with a residential use property include, but are not limited to: garages (unenclosed or enclosed) for the storage of automobiles (including incidental restoration and repair), personal recreational vehicles, and other personal property; studios; workshops; greenhouses (noncommercial); enclosed cabanas and pool houses; and storage sheds. Accessory structures normally associated with a non-residential use property include, but are not limited to: garages (unenclosed or enclosed) for the storage of automobiles and work related vehicles and equipment (including incidental restoration and repair); storage structures; workshops; and studios.

Accessory Structure, Major (Major Accessory Structure). An accessory structure with a footprint greater than 120 square feet.

Chapter 11:Definitions
Sections:

22.11.010 Purpose

22.11.020 Definitions

22.11.030 Measurement Methods
May 16, 2022 City of Belvedere Objective Design and Development Standards 227 Accessory Structure, Minor (Minor Accessory Structure). An accessory structure with a footprint of 120 square feet or less.

Addition. The enlargement of an improvement accomplished by appending a new improvement.

Adjacent. Sharing a common design site line, or having design site lines separated only by an alley.

Adjacent Buildings. Two or more buildings located upon adjacent design sites.

Affordable to Low-Income or Very-Low-Income Households. Being of a condition in which sales prices or rental rates for a housing development conform with the current State Law.

Affordable Housing Development. A residential development consisting of five or more units, not including any bonus units requested, in which the total units affordable to low-income households, verylow-income households; moderate income households; or senior housing are mandated by applicable California State Housing Laws.

Agriculture. The use of the land for purposes including farming, agriculture, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating, or storing the produce, provided that any such accessory uses shall be secondary to that of normal agricultural activities. Does not include the raising of animals or fowl for commercial purposes, or sale of any products at retail on premises, unless otherwise specified.

Alley. A public or private way to be used primarily for vehicular access to the back or side of a design site of real property that otherwise abuts a street.

Allowed Use. Uses that are allowed by right and are not subject to the conditions of approval, mandatory review periods, or expiration periods as required for Use Permits or Minor Use Permits.

Alter. To create physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Amusement Center or Facility. A place of amusement, recreation, or entertainment, involving assemblages of people.

Ancillary Structure (syn. Ancillary Building). See "Accessory Structure." Animal Shelter. Any place where animals or birds are kept, bred, groomed, trained or treated for compensation; or any such place where animals or birds are sold.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

Apartment, Efficiency. A dwelling unit in a multi-unit building, consisting of not more than one habitable room, excluding the kitchen or kitchenette and sanitary facilities, of a total floor area of not more than 400 square feet.

Applicant. Any individual, firm, or any other entity that applies to the City for the applicable permits to undertake any construction or development within the City.

Architectural Feature. Exterior building element intended to provide ornamentation to the building massing including, but not limited to: eaves, cornices, bay windows, window and door surrounds, light fixtures, canopies, and balconies.
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22.11.020
Attached Building or Structure. Any building or structure which is structurally a part of or has a common wall and/or continuous roof with a primary building or structure, except where such connection is a breezeway or walkway incidental to and not a necessary part of the construction of the primary building.

Auto and Vehicle Sales and Rental. A retail or wholesale establishment selling and/or renting automobiles; trucks and vans; trailers; motorcycles; and scooters with internal combustion engines (bicycle sales are included under “General Retail”). May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include: the sale or rental of trailers, boats, RVs; businesses dealing exclusively in used parts, auto wrecking, and salvage; the sale of auto parts/ accessories separate from a vehicle dealership (see “Auto parts sales”); or “Auto service stations,” which are separately defined.

Auto Disassembly or Wrecking. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Auto Parts Sales. Stores that sell new or re-manufactured automobile parts, tires, and accessories.

Establishments that provide installation services are instead included under “Vehicle Services, Auto Repair Garage.” Does not include businesses dealing exclusively in used parts, auto wrecking and salvage, or tire recapping establishments, which are found in compliance with “Vehicle Services, Auto Repair Garage.”
Auto Repair. See “Vehicle Services.”
Auto Repair.

1. Auto Repair, Major. General repair, rebuilding or reconditioning of engines, motor vehicles, or trailers; collision service including body or frame, straightening or repair, overall painting, or paint shop.

2. Auto Repair, Minor. Incidental minor repairs to include replacement of parts and service to passenger cars, but not including any operation defined as “automobile repair, major,” or any other operation similar thereto.

Auto Service Station. A building and/or design site or use having pumps and storage tanks where motor vehicle fuels or lubricating oil, grease, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only; where deliveries are made directly into motor vehicles, including car washing and incidental accessory retail sales in a convenience market.

Automated Teller Machine (ATM). A computerized self-service machine used by bank and financial service patrons for conducting transactions, including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with this FBC.

Average Slope. The result of dividing the length of a slope by the difference in elevation at the top and bottom of the slope. See Section 22.11.030 (Measurement Methods).

Awning. A roof or cover which projects from a wall of a building over a window or door, made of canvas, aluminum, or similar material, which may be fixed in place or be retractable. 229
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B. Definitions
Bank, Financial Services. Financial institutions including: banks and trust companies; credit agencies; holding (but not primarily operating) companies; lending and thrift institutions; other investment companies; securities/commodity contract brokers and dealers; security and commodity exchanges; and vehicle finance (equity) leasing agencies.

Base Flood Elevation. As designated by Federal Emergency Management Agency (FEMA), the elevation of surface water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement. A story whose floor is more than 12 inches, but not more than half of its story height below the average level of the adjoining existing grade (as distinguished from a “cellar,” which is a story more than one-half below such level). A basement, when used as a dwelling, shall not be counted as a story for purposes of height measurement.

Bathroom. A room that contains all of the following features: a bathtub or shower, a washbowl, and a toilet.

Bay. Any division of a building between vertical lines or planes, especially the entire space included between two adjacent supports.

Bay Window. An architectural projection from the building cantilevered from the facade, consisting of one or more stories in height, containing at least 60 percent glass area.

Bed & Breakfast (B&B). A use of up to 10 sleeping units, where one unit equals one room, for the rental accommodation of transient guests on an overnight basis.

Block. An area of land separated from other areas by adjacent streets, railroads, rights-of-way, public areas, or the subdivision boundary.

Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony.

Block Length. The horizontal distance from the right-of-way on one end of the block to the right-of-way on the other end along the same street.

Block Perimeter. The aggregate of all sides of a block bounded by the abutting rights-of-way.

Block-Scale, Building. A building that is individually as large as a block or individual buildings collectively arranged along a street to form a continuous facade as long as most or all of a block.

Bonus. See "Density Bonus."
Building. A structure consisting of one or more foundations, floors, walls, and roofs that surround an interior space, and may include exterior appurtenant structures including, but not limited to, porches and decks.

Buildable Area. The horizontal area in which a building is allowed to be constructed.

Building Elevation. The exterior wall of a building not adjacent to a public right-of-way, the front or side along a private street, or civic space.

Building Entrance. A point of pedestrian ingress and egress to the front of a building along the sidewalk of the street immediately adjacent to the building.
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Building, Existing. See "Structure, Existing."
Building Facade. The exterior wall of a building adjacent to a street, the front or side along a private street, or civic space.

1. Building Facade, Front. The exterior wall of a building adjacent to a street or civic space.

2. Building Facade, Side Street. The exterior wall of a building adjacent to a side street.

3. Building Facade, Interior Side. The exterior wall of a building adjacent to the interior design site line(s).

4. Building Facade, Rear. The exterior wall of a building opposite the front.

Building Form. The overall shape and dimensions of a building.

Building Frontage. The facade(s) along the front and side street of the design site.

Building Frontage, Principal. The facade along the front of the design site, typically the narrower of sides and identified by an address.

Building, Primary. The building that serves as the focal point for all activities related to the principal use of the design site.

Building, Setback. See "Setback, Building."
Business Support Services. An establishment within a building that provides services to other businesses. Examples of these services include: blueprinting; computer-related services (rental, repair); copying and quick printing services; film processing and photofinishing (retail); and mailing and mail box services. Does not include sales, storage or rental of heavy equipment.

Building Type. A structure defined by its combination of configuration, disposition, and function.

By-Right, Approval. Approval by administrative staff of certain uses, improvements, and developments not requiring further review and in compliance with all applicable standards.

C. Definitions
Cafe. See “Restaurant, cafe or coffee shop."
Camping and Picnicking Areas. This land use is intended for picnicking and camping areas, which may include individual campsites, but where utility hookups for recreational vehicles are typically not provided at campsites.

Carshare Parking Space. A parking space required to be dedicated for current or future use by a carshare service through a deed restriction, condition of approval, or license agreement. Such deed restriction, condition of approval, or license agreement shall grant priority use to any carshare service that can make use of the space, although such spaces may be occupied by other vehicles so long as no carshare organization can make use of the dedicated carshare space(s).

Car wash. A place where motor vehicles are vacuumed, cleaned, washed, and/or waxed. Does not include the retail sale of motor vehicle fuels.

Carshare Service. A service that provides a network of motor vehicles available to rent by members by reservation on an hourly basis or in smaller intervals.

Catering service. A businesses that prepares food for consumption on the premises of a client. 231
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22.11.020
Ceiling Height, Ground Floor. The height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms which include, but are not limited to: bathrooms, closets, utility rooms, and storage spaces.

Ceiling Height, Upper Floor(s). The height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms which include, but are not limited to:
bathrooms, closets, utility rooms, and storage spaces.

Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. A cellar shall not be counted as a story, for the purpose of height standards.

Center. Concentration of ground floor shopping, restaurants, and services, with additional offices and housing located above, within a Walkable Urban context.

Child Day Care. Facilities for nonmedical care and supervision of minor children for periods of less than 24 hours. This land use includes the following types of facilities, all of which are required to be licensed by the California Sate Department of Social Services:

1. Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with other approved land uses, or as an independent land use.

2. Large Family Day Care Home. A day care facility located in a single-unit residence where an occupant of the residence provides care and supervision for 7 to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

3. Small Family Day Care Home. A day care facility located in a single-unit residence where an occupant of the residence provides care and supervision for either six or fewer children, or eight or fewer children provided that no more than two of the children are under the age of two and at least two of the children are over the age of six. Children under the age of 10 years who reside in the home count as children served by the day care facility.

Chamfered. A transitional edge between two faces of an object. Sometimes defined as a form of bevel, it is often created at a 45° angle between two adjoining right-angled faces.

Chamfered Facade Corner. An external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, 45 degree angle creating a beveled edge to the building rather than a 90 degree corner.

Civic. A term defining not-for-profit organizations that are dedicated to arts, culture, education, religious activities, recreation, government, transit, and public parking facilities.

Civic Building. A structure operated by governmental or not-for-profit organizations and limited to civic and related uses.

Civic Space. An outdoor area dedicated for public gathering and civic activities. See Section 22.09.040 (General to Civic Space).

Coffee Shop. See “Restaurant, cafe or coffee shop."
Commercial. A term defining service and retail uses collectively. 232
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Commercial Amusement Facility. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:

1. Bowling alleys;

2. Coin-operated amusement;

3. Dance clubs;

4. Electronic game arcades (video games, pinball, etc.);

5. Gyms and recreation facilities;

6. Ice skating and roller skating; and

7. Pool and billiard rooms.

This use does not include adult oriented businesses, which are separately defined.

Commercial Recreation Facility. To include commercial amusement facilities (unlimited capacity amusement parks, arenas, auditoriums, convention centers, or stadiums); golf courses and country clubs; outdoor theaters; private swim clubs; and recreation centers.

1. Commercial Recreation Facility, Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: bowling alleys; coin-operated amusement arcades; night clubs; electronic game arcades (video games, pinball, etc.); ice skating and roller skating; and pool and billiard rooms as primary uses. Eight or more electronic games or coinoperated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; seven or fewer machines are not considered a land use separate from the primary use of the site.

2. Commercial Recreation Facility, Outdoor. A facility for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks; camping and picnicking areas; go-cart tracks; golf driving ranges; miniature golf courses; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars, restaurants, video game arcades, etc. Does not include golf courses, which are separately defined.

Common Courtyard. An entry court, forecourt, or courtyard shared by multiple residential units or commercial spaces.

Common Open Space. An entry court, forecourt, courtyard, or other on-site open space shared by multiple residential units or non-residential units.

Common Space (syn. Common Area). A portion of a development held in common and/or single ownership, is not reserved for the exclusive use or benefit of an individual tenant or owner, and is available for use by all persons who reside or work in the building or on the design site.

Communication Equipment Building. A building housing operating electrical and mechanical equipment necessary for the conduct of a communications business with or without personnel.

Communications Tower. Any structure which supports an antenna. 233
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22.11.020
Community Assembly. A facility available for public assembly, such as a conference hall, club hall, lodge, performing arts center, amphitheater, or event facility, or for religious worship, such as a church, temple or mosque.

Community Care Facility. Residential care facilities for the elderly, alcoholism recovery, and homes for mentally disordered, handicapped, dependent, and neglected children.

Community Center. A multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen, and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

Community Garden (Use Type). Land used for the cultivation by multiple users, of fruits, vegetables, plants, flowers, or herbs.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of the property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, design site map, or condominium plan. The condominium may be commercial, industrial, residential, or any combination. [Civil Code §783, §1351(f)].

Condominium Conversion. The conversion of an existing structure into separately owned commercial, industrial, or mixed-use units.

Convenience Market. A market serving neighborhood needs, of less than 5,000 square feet inside, offering a broad selection of goods, but with less than 20 percent of the sales floor area devoted to the display of alcoholic beverages.

Corner Element. A physical distinction in a building at the corner of two streets or a street and public space.

Corner Entry. An entrance located on the corner of a building.

Cornice. The crown molding of a building or element.

Cottage Court. See Section 22.06.070 (Cottage Court).

Council. The City Council of the City of Belvedere.

Courtyard (syn. Court). An unroofed area that is completely or partially enclosed by walls or buildings on at least two sides and often shared by multiple residential units or non-residential units, not including off-street parking.

Courtyard Building, Neighborhood. See Section 22.06.100 (Neighborhood Courtyard).

Coverage

1. Coverage, Accessory Structures. The sum of the footprint area of all structures on a design site.

2. Coverage, Building. The floor area of the largest story of a building divided by the total design site area.

3. Coverage, Design Site. The portion of the design site expressed as a percentage that is covered in buildings or other structures.
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Co-working Space. A facilitated environment which may contain shared facilities including, but not limited to: conference rooms, reception services, phones, and other business amenities. Work spaces are used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community and to reduce duplicated costs by sharing facilities. The uses shall have externally observable attributes similar to uses allowed in the zone in which that they are located. Equipment is limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment. Such space located in a research & development building may use equipment consistent with research & development uses. Co-working space may be interchangeably referred to as “incubator space."
Cul-de-sac. A street which connects to another public street only at one end and is not planned for later extension.

Crawl Space. A shallow unfinished uninhabitable space beneath the floor or under the roof of a building, that provides access to utility, structural, and other building components not readily accessible from the habitable portions of the building.

Crenel. A notch between two merlons (solid upright section of a crenellated parapet), often found in medieval architecture.

Crenellated. Having regularly-spaced, often rectangular gaps, often referring to a parapet or battlement in medieval architecture.

Crenellation. The series of regularly-spaced, often rectangular crenels along a parapet.

D. Definitions
Dance Club. Any dance open to the general public, whether or not a fee is charged for admission, but where such activity is in connection with any commercial activity.

Dangerous or Objectionable Elements. Any land or building structure used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or elements in such manner or in such amount as to adversely affect the surrounding area or adjoining premises.

Days. Calendar days unless this FBC specifies otherwise.

Dedication. The transfer by a subdivider to a public entity of title to real property or an interest therein, or of an easement or right in real property, the transfer of facilities, the installation of improvements, or any combination of these. [Title 18 (Subdivisions)]
Defensible Space. A public, private, or semi-private residential environment whose physical characteristics—building layout and site plan—function to allow inhabitants themselves to become key agents in ensuring their security.

Density Bonus. A density increase over the maximum allowable residential density of the zone. See Government Code §65915 for types of bonuses.

Dentils. Small, rectangular blocks found under a cornice in classical architecture. A decorative element, dentils bear resemblance to teeth, their namesake.

Department. Belvedere's Planning Department.
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22.11.020
Depth, Ground-Floor Space. The distance from the street-facing facade to the rear interior wall of the ground-floor space available to an allowed use.

Depth-to-Height Ratio. The relationship of the depth of a space measured perpendicular to a building divided by the average height of the buildings adjacent to the space.

Design Site. A portion of land within a parcel, delineated from other design sites and/or parcels to accommodate no more than one building type. The main purpose of a design site is to allow a parcel large enough to contain more than one building type to contain multiple building types while not requiring the legal subdivision of the parcel into additional parcels.

1. Design Site, Corner. A design site located at the intersection of two or more streets, where they intersect at an interior angle of not more than 175 degrees. If the intersection angle is more than 175 degrees, the design site is considered an interior design site.

2. Design Site, Flag. A design site not meeting minimum design site frontage standards and where access to a public or private street is provided by means of a long, narrow driveway between abutting design sites.

3. Design Site, Interior. A design site abutting only one street.

4. Design Site, Through. A design site with two or more frontage lines that do not intersect.

Design Site Area. The total square footage or acreage of horizontal area included within the design site lines.

Design Site Coverage. See "Coverage."
Design Site Depth. The horizontal distance between the front design site line and rear design site line of a design site measured perpendicular to the front design site line.

Design Site Line. The perimeter and geometry of a design site demarcating one design site from another.

1. Design Site Line, Front. One of the following:
a. The frontage line in the case of a design site having a single frontage line; b. The shortest frontage line in the case of a corner design site with two frontage lines, neither of which are adjacent to a thoroughfare or a design site with independent frontage; c. The frontage line generally perceived to be the front design site line in the case of a corner design site with three or more frontage lines, none of which are adjacent to a thoroughfare or a design site with independent frontage;
d. The frontage line adjacent to a thoroughfare in the case of a corner design site with two or more frontage lines, one of which is adjacent to a thoroughfare; e. The frontage line adjacent to a design site with independent frontage in the case of a corner design site with two or more frontage lines, one of which is adjacent to a design site with independent frontage; or
f. The frontage line adjacent to the front design site line of an adjacent design site in the case of a through design site.

2. Design Site Line, Rear. That design site line opposite the front design site line.

3. Design Site Line, Side. Design site lines connecting the front and rear design site lines. 236
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Design Site Width. The horizontal distance between the design site lines measured perpendicular to the front design site line.

Detached. Separate or unconnected.

Development Site. The parcel(s) or portion(s) thereof on which proposed structures and improvements are to be constructed.

Diligently Pursued. Continued with constant or appropriate effort.

Director. Director of Planning and Building, an appointed representative.

Display. An item or arrangement of items indoors that is not attached to a window, door or wall.

Disposition, Formal. Composed in a formal arrangement, in a regular, classical, and typically symmetrical manner.

Disposition, Informal. Composed in an informal character with a mix of formal and natural characteristics.

Disposition, Natural. A preservation of the existing natural condition or a composition of elements arranged as they would appear in nature, with irregular shapes and asymmetry.

Distance Between Entries. The horizontal distance between entrances to a building or buildings, measured parallel to the facade.

Drive-in Business. Any business that either by design or operation provides services or products directly to occupants of a motor vehicle, except gasoline service stations.

Drive-through Service. Any business that either by design or operation provides services or products directly to occupants of a motor vehicle, except gasoline service stations.

Driveway. A vehicular lane within a design site, or shared between two design sites, usually leading to a garage, other parking, or loading area.

Duplex Side-by-Side. See Section 22.06.050 (Duplex Side-by-Side).

Duplex Stacked. See Section 22.06.060 (Duplex Stacked).

Dwelling, Group Living (syn. Cohousing). Dwellings designed for occupancy of groups living together and having a central dining facility.

Dwelling, Multiple. A building designed or used for three or more dwelling units.

Dwelling, Second Unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-unit structure.

Dwelling Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

Dwelling Unit, Stacked. A dwelling unit situated immediately above or below another dwelling unit. 237
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E. Definitions
Eave. The edge of the roof that overhangs the face of the adjoining wall. The bottom of the eave can range from exposed rafters (“open eave”) to a finished horizontal surface (“closed eave”).

Elevated Ground Floor. A ground floor situated above the grade plane of the adjacent sidewalk.

Emergency Shelter. A facility for the temporary overnight shelter operated by a public or non-profit agency. Does not include charitable food distribution, which is not regulated by FBC.

Encroachment. Any architectural feature, structure, or structural element—including, but not limited to, a gallery, fence, garden wall, porch, stoop, balcony, bay window, terrace, or deck—that breaks the plane of a vertical or horizontal regulatory limit by extending: into a setback, beyond the build-to-line into the public frontage, or above a height limit.

Entablature. Syn. Expression Line. A horizontal, continuous lintel on a classical building supported by columns or a wall, comprising the architrave, frieze, and cornice.

Entasis. A slight convex curve in the shaft of a column, introduced to correct the visual illusion of concavity produced by a straight shaft.

Entry. An opening, including, but not limited to, a door, passage, or gate, that allows access to a building.

1. Entry, Primary. The opening that allows access to a building directly from the sidewalk along the front facade.

2. Entry, Service. An entrance located toward or at the rear of the building intended for the delivery of goods and removal of refuse.

Equestrian Facility. A commercial facility for horses, donkeys, and/or mules, including: horse ranches; boarding stables; riding schools and academies; horse exhibition facilities (for shows or other competitive events); and barns, stables, corrals, and paddocks, accessory and incidental to these uses.

Does not include the simple pasturing of horses, donkeys, and/or mules.

Established Landscape. The point in time at which plants have developed roots into the soil adjacent to the root ball.

Establishment Period. The first year after installing a plant in a landscape.

External Employees. An employee who does not reside at his or her place of employment.

F. Definitions
Facade. See "Building Facade."
Facade Zone. The area between the minimum and maximum setback lines along the front of a design site and along the side street of a corner design site where the building facade is required to be placed.

The zone standards identify the minimum amount of facade to be placed in the facade zone. See Section

22.11.030 (Measurement Methods).

Facility. An improvement, structure, or building that is designed and used for a particular purpose.

Farm Equipment Sales and Service. The retail sale, rental, or repair of agricultural machinery, equipment, and supplies for use in: soil preparation and maintenance; the planting and harvesting of crops; and other operations and processes pertaining to farming and ranching. Includes commercial farm equipment sales, rental, and repair; farm and dairy supply and equipment repair; and feed sales. 238
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Farmworker Housing. Any attached or detached dwelling unit used to house farm/agricultural workers and their family members, including temporary mobile homes. For the purpose of calculating density, no more than one food preparation area shall be provided for each farmworker housing unit.

Fast-Food Business. A restaurant with a drive-through facility providing food service directly to occupants of a motor vehicle.

Fence. A structure, made of wood, metal, masonry, or other material, typically used to screen, enclose, or divide open space for a setback or along a design site line.

Finish Level, Ground Floor. (Base Flood Elevation plus One Foot). Height difference between the finished floor on the ground floor and the adjacent sidewalk. In the case of a terrace frontage that serves as the public right-of-way, the floor finish level is the height of the walk above the adjacent street.

Standards for ground floor finish level for ground floor residential uses do not apply to ground floor lobbies and common areas in multi-unit buildings.

Financial services. See “Bank, Financial Services."
Fitness Facility. A fitness center, gymnasium, or health and athletic club, which may include any of the following: sauna, spa, or hot tub facilities; indoor tennis, handball, and racquetball; archery and shooting ranges; and other indoor sports activities. Does not include adult entertainment businesses.

Flex Space. A room or group of internally connected rooms designed to accommodate an evolution of use over time in response to an evolving market demand. Typically designed to accommodate future commercial uses, while accommodating less intense short-term uses, including, but not limited to, residential or live/work, until the commercial demand has been established.

Flood Hazard. The threat of overflow stormwaters having the capability to flood lands or improvements, transport or deposit debris, scour the surface soil, dislodge or damage structures, or erode the banks of channels.

Floor Area. The sum of the gross areas of all stories of a building, measured from the exterior faces of the exterior walls. The floor area shall include any building that has a roof and is enclosed so as to provide shelter from the elements on three or more sides.

Floor to Lot Area Ratio. The floor area of the building divided by the total design site area.

Floor Coverage. See “Coverage."
Floorplate. An area measurement in square feet of either the gross or the rentable floor area of a typical floor in a building.

Floorplate, Commercial. The square footage area measurement of a floorplate dedicated to commercial uses.

Floorplate, Non-residential. The square footage area measurement of a floorplate dedicated to nonresidential uses.

Floorplate, Residential. The square footage area measurement of a floorplate dedicated to residential uses.

Flow Rate. The rate at which water flows through pipes and valves, measured in gallons per minute or cubic feet per second.

Food Store. A business establishment principally intended to provide retail food sales and related products and services otherwise allowed within the zone in which the business is located. 239
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Footprint Area. The total square footage contained within a footprint.

Footprint, Building. The outline of the area of ground covered by the foundations of a building or structure.

Forecourt. See Section 22.07.080 (Forecourt).

Form-Based Zone (syn. Transect Zone). One of several zones applied to parcel(s) subject to Title 22 (Objective Design and Development Standards). See Belvedere Objective Design Standards Zones Map.

Fourplex. See Section 22.06.080 (Fourplex).

Freestanding Wall. A wall that is separate from a building and supported by independent means.

Front. See "Design Site Line, Front."
Front Loaded. (Front Access). Design sites that provide vehicular access from the front of the design site.

Frontage, Private. The area between the building facade and the back of the sidewalk abutting a street (public or private) or public open space.

Frontage, Public. The area between the on-street parking and the back of the sidewalk.

Frontage Line. The design site line(s) of a design site fronting a street (public or private) or a civic space.

Frontage Type. A physical element configured to connect the building facade to the back of the sidewalk abutting a street or public open space depending on the intended physical character of the zone.

Fuel Station, Private. A private motor fuel dispensing facility exclusively serving the business occupying the subject property and not involving either wholesale or retail sales of motor vehicle fuels to other individuals or businesses.

Funeral Home. A room or chapel from which funeral services may be conducted.

Furniture Area. An area of space that allows for the placement of furniture without restricting the movement of pedestrians.

G. Definitions
Gable. A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.

Gallery. See Section 22.07.120 (Gallery).

Ganged. Refers to windows designed/found in an array of two or more.

Garage. A structure, or part thereof, used or intended to be used for the parking and storage of motor vehicles.

1. Garage, Private. A building or portion of a building, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.

2. Garage, Public. A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, minor or major repair, or refinishing of self-propelled vehicles or trailers; except, that a structure or part thereof used only for storage or display of self-propelled passenger vehicles, but not for transients, and at which automobile fuels and oils are not sold and motor driven vehicles are not equipped, repaired, or hired, shall not be deemed to be a public garage 240
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General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: bicycle sales, service, and rental; bookstores, except adult bookstores; apparel and accessories; bakeries; and food stores.

Glazing. Openings in a building in which glass is installed.

Grade. The existing ground level at any point along the exterior walls of a structure.

Grade, Existing. The grade of a design site prior to any site improvements related to the proposed development.

Grade, Finished. The final ground surface elevation after the completion of grading or other site preparation related to a proposed development that conforms to an approved Grading Permit or Building Permit. In cases where substantial fill is proposed, "finished grade" shall be established by the Director consistent with design sites in the immediate vicinity and shall not be, nor have been artificially raised to gain additional building height. Also see "Grade." Grading. Earthwork performed to alter the natural contours of an area.

Green Building Practices. A whole-systems approach to the design, construction, and operation of buildings and structures that helps mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices including, but not limited to, those described in the LEED™ rating system recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive environment.

Ground Floor. The floor of a building located nearest to the level of the ground around the building.

Gross Floor Area. The total floor area inside the building envelope, including the external walls, but not including the roof.

Ground Floor Ceiling Height. Height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms including, but not limited to: bathrooms, closets, utility rooms, and storage spaces.

Gross Parking Area. The total area of parking space and drive included on a design site.

Gross Residential Acreage. The total area, measured in acres, included within the design site lines of a residential development.

Guest House. A detached structure accessory to a single dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
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H. Definitions
Habitable Space. The portion of a building that is suitable for human occupancy.

Hardscape. Paving, decks, patios, and other hard, non-porous surfaces.

Height

1. Height, Number of Stories. The number of stories in a structure allowed above adjacent existing grade. See "Stories."

2. Height, Overall. The vertical distance between adjacent existing grade and the highest part of the structure directly above.

3. Height, Highest Eave/parapet. The vertical distance between adjacent existing grade and the highest eave or parapet of the building.

Height, Above Grade. See Section 19.08.240 (Height).

Height Measurement on a Sloping Design Site. This is addressed in Section 22.11.030 (Measurement Methods).

High Water-use or Non-drought-Tolerant Plant. A plant that will require regular irrigation for adequate appearance, growth, and disease resistance.

Historic Resource. Any resource that has been designated as historic.

Historical Structure. Any building or structure listed on or eligible for listing on the national, state, or local register of historic resources.

Home Improvement Sales and Services

1. Major. Home improvement services that include building materials (lumberyards); building materials and hardware; hardware only; paint, glass, and wallpaper; floor and window coverings; carpentry shop, custom woodworking, or custom furniture; food lockers, rental for individual households; spa and pool sales, supplies, service, and repair; and nursery sales (garden supply).

2. Medium intensity. Home improvement services that include hardware, including light building materials; paint, glass, wallpaper, and floor covering; and miscellaneous repair services, including only establishments engaged in the repairing and servicing of household and business equipment, machines, and furnishings.

3. Minor. Home improvement services that include building materials and hardware, excluding lumber yards, paint, glass, wallpaper, and floor covering; and miscellaneous repair services, including only establishments engaged in the repairing and servicing of household and business equipment, machines, and furnishings.

Home Occupations. Any use conducted entirely within a dwelling and conducted only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and is not evidenced beyond the limits of the property by noise, light, smoke, odor, vibration, electrical interference, storage of material or equipment, abnormal human activity, vehicular traffic, or other exterior evidences. 242
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Hotel or Motel. Any building or portion thereof containing six or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied by transients.

House. See Section 22.06.040 (House).

House-Scale Building. A building that is the size of a small-to-large house and detached from other buildings, typically ranging from 24 feet to as large as 80 feet overall, including wings.

I. Definitions
Impervious. The area of any surface that prevents the infiltration of water into the ground including, but not limited to, roads, parking areas, concrete, and buildings.

Improved. An area which has been paved or planted and is permanently maintained as such.

Improvement. The product of any modification to a site structure or building, not including maintenance or repairs.

Infill. The development of vacant land that was bypassed by earlier waves of development and is now largely surrounded by developed land.

Irrigation Efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system, characteristics, and management practices.

Irrigated Landscape Area. An entire design site less the building footprint, driveways, non-irrigated portions of parking lots, and other hardscape areas. Landscape areas encompass all portions of a development site to be improved with planting and irrigation. They include water bodies including, but not limited to, fountains, swimming pools, and ponds. Natural open spaces without irrigation systems are not included.

J. Definitions
No specialized terms beginning with the letter J are defined at this time.

K. Definitions
Kennel. A commercial facility for the grooming, keeping, boarding, or maintaining of five or more dogs (four months of age or older), or five or more cats except for dogs or cats for sale in pet shops, or in animal hospitals. Includes pet day care.
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L. Definitions
L-Shaped (syn. Ell). A horizontal form for the main body of a building or a massing composition, also referred to as an "Ell" which is an extension at a right angle to the length of a building.

Laboratory. A facility for testing, experimenting, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs.

Landing. A level area at the top or bottom of a staircase or between one flight of stairs and another.

Landscaping. Flowers, shrubs, trees, or other decorative material of natural origin.

LEED™ Rating System. The most recent version of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System, or other related LEED™ rating system, approved by the U.S. Green Building Council.

Lined Building. A two-part building consisting of an exterior occupiable building specifically designed to mask the interior building, which consists of a parking structure, building with few windows, or a parking lot, from a frontage.

Liner Building. An occupiable structure specifically designed to mask a parking lot or a parking structure from a frontage.

Lintel. A horizontal architectural member spanning and usually carrying the load above an opening.

Listed Resource. See "Historic Resource."
Live/Work. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-unit dwelling or multiple-unit dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

1. Complete kitchen space and sanitary facilities; and

2. Working space reserved for and regularly used by one or more occupants of the unit.

Living Area. The interior habitable area of a dwelling unit, including basements and attics, but not including garages or any accessory structure.

Loading Dock(s). A platform where cargo from vehicles can be loaded or unloaded.

Loading Spaces, Off-street. Permanently improved and maintained areas on the design site dedicated to loading and unloading of materials, equipment, and merchandise.

Lodging. See “Bed and Breakfast” or “Hotel or Motel."
Lot. See "Design Site."
Low-Water-Use or Extra Drought-Tolerant Plant. A plant that can survive without irrigation throughout the year once established, although supplemental water may be desirable during drought periods for improved appearance and disease resistance.
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M. Definitions
Main Body. The primary massing of a primary building.

Main Facade. The front facade of a building.

Main Street Building. See Section 22.06.130 (Main Street Building).

Major. Having a greater size, scope, effect, characteristic, or quality relative to the other corresponding sizes, scopes, effects, characteristics, or qualities; or being the greater of two or more.

Maker Shopfront. See Section 22.07.090 (Maker Shopfront).

Manufacturing/Processing - Heavy Industrial. The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials.

Manufacturing/Processing - Light Industrial. Any manufacturing, storage, and distribution that does not include hazardous wastes or resulting large truck usage/parking on the site. The use shall be accomplished entirely inside of the building except for incidental movement of products or materials into and out of the building to a delivery vehicle. Size of an individual light distribution business shall generally be limited to 4,000 square feet of storage (warehouse) area and one truck delivery door.

Manufacturing/processing - Medium Intensity. The manufacturing, assembling, processing, storage, or packaging of products, except: manufacturing, assembling, processing, storage, or packaging of chemicals, petroleum, heavy agricultural products, or other hazardous materials; or vehicle-dismantling, scrap, and waste yards. Medium intensity manufacturing and processing includes:

1. The manufacturing of electric and electronic circuits, instruments, and devices including, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses;

2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials including, but not limited to: cloth plastic, paper, leather, and precious or semiprecious metals or stones; but not including such operations as saw and planing mills, and any manufacturing uses involving primary production of wood, metal, or chemical products from raw materials and similar uses; and

3. The manufacturing of pharmaceutical products.

Massing. The overall shape or arrangement of the bulk or volume of a building and structures.

Median. A planted or paved area which separates two roadways or divides a portion of a road into two or more lanes.

Media Production. Facilities for motion picture, television, video, sound, computer, and other communications and distribution services.

Medical Services - Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. Includes dental, medical, optical, and x-ray laboratory offices. Counseling services by other than medical doctors or psychiatrists are included under “Offices - Professional/Administrative.” 245
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Meeting Facility, Public or Private. A facility for public or private meetings, including community centers, civic and private auditoriums, Grange halls, union halls, meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities including, but not limited to, kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by on-site employees and clients and occupy less floor area on the site than the offices they support. Does not include commercial entertainment facilities (see “Commercial Amusement Facility”) or convention centers (see “Convention Center”).

Metal Products Fabrication. An establishment engaged in the production and/or assembly of metal parts, including the production of: metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include: welding shops; sheet metal shops; plating, stripping, and coating shops; machine shops; saw sharpening; stone cutting and products; glass and glass products; and sheet metal.

Minor. Having a lesser size, scope, effect, characteristic, or quality relative to the average size, scope, effect, characteristic, or qualities; or being the lesser of two or more.

Mixed-Use. Multiple functions within the same building or the same general area through superimposition or within the same area through adjacency.

Mobile Home. A vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used without a permanent foundation, and which is in excess of 8 feet in width and in excess of 40 feet in length.

Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes; or any site on which two or more mobile home design sites are rented, leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Moderate Water-Use or Semi-Drought-Tolerant Plant. A plant that can survive throughout the year with occasional irrigation.

Mortuary. A funeral home where deceased are prepared for burial or cremation and funeral services may be conducted. Does not include on-site cremation.

Multiplex. See Section 22.06.120 (Multiplex).

Multi-Unit Building. A residential, non-residential, or mixed-use building in which there exists three or more separate units with direct exterior access and in which there are appurtenant shared facilities.

Distinguishing characteristics of a multi-tenant building or use may, but need not, include common ownership of the real property upon which the building or use is located, common wall construction, and multiple occupant use of a single structure.
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N. Definitions
Neighborhood Center. A walkable environment that provides a mix of civic, institutional, and/or commercial uses.

New Construction. Structures for which the "start of construction" commenced on or after the effective date of this FBC.

New Use. Any purpose for which land or premises, or a building or structure thereon, is improved, occupied, utilized, built, or constructed for said purpose, which has not before existed on said land or premises.

Night Club. A facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live music and/or dancing, comedy, etc.

Nonconforming Design Site. A design site that was legally created before the effective date of this FBC and does not comply with the minimum area, depth, width, or other applicable standards of the zone it is located.

Nonconforming Site Improvement. A site improvement (e.g., fences, landscaping, parking, walls, etc.) that conformed to the standards of the previous zoning that lawfully existed before the effective date of this FBC and does not conform to the present standards of the zone in which it is located.

Nonconforming Structure or Building. A structure or building that lawfully existed before the effective date of this FBC and does not conform to the present standards of the zone in which it is located.

Nonconforming Use. A use of a building, structure, or site, or portion thereof, or a building, structure or facility itself, which was lawfully established and maintained but, because of the application of this FBC to it, does not conform to the present standards of the zone in which it is located.

Non-Street Frontage. Building facades that do not face a street or civic space. 247
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O. Definitions
Office. This FBC distinguishes between the following types of offices. These do not include medical offices (see “Medical Service - Doctor Office.”).

1. Office, Business/Service. An establishment providing direct services to consumers. Examples of this use include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include “Financial and Business Institutions,” which are separately defined.

2. Office, Government. An administrative, clerical, or public contact and/or service office of a local, state, or federal government agency or service facility. Offices are located on publicly owned land and necessary for the administration of federal, state, county, and city governments or local agencies as defined in the Government Code. Includes post offices, but not bulk mailing distribution centers, which are under “Warehousing and Distribution Facility.”

3. Office, Professional/Administrative. An office facility occupied by a business that provides professional services or is engaged in the production of intellectual property. Examples of this use include: accounting, auditing, and bookkeeping services; advertising agencies; attorneys; business associations and chambers of commerce; commercial art and design services; construction contractors (office facilities only); court reporting services; detective agencies and similar services; design services including architecture, engineering, landscape architecture, and urban planning; educational, scientific, and research organizations; financial management and investment counseling; literary and talent agencies; management and public relations services; media postproduction services; photographers and photography studios; political campaign headquarters; secretarial, stenographic, word processing, and temporary clerical employee services; and writers’ and artists’ offices.

Office Amenity Space. Non-employee, non-traffic-generating uses that are not easily convertible to employee-generating uses including, but not limited to, exterior covered walkways, lobby atrium, large cafeterias, employee lounge areas, employee fitness areas, and laboratories.

Off-Site Hazardous Materials Storage Facility. A facility, as defined in California Health and Safety Code §25117.1, that accepts hazardous wastes that are generated at another location (off-site) and serves more than one producer of hazardous waste.

Off-Street Parking. The area(s) located on a design site available for temporary storage of passenger vehicles, including a public or private parking lot where parking is the principal use of the property.

Open Space. See “Civic Space."
Open Space Easement. See “Scenic Easement or Open Space Easement." Open Structure. An accessory structure having a roof constructed of lattice or other roof material which allows light and air to pass through a minimum of 50 percent of the roof surface. Additionally, the sides of an open structure consist only of support posts and decorative or functional elements including, but not limited to, braces and railings such that light and air can pass through a minimum of 75 percent of each side. Open structures include but are not limited to trellises, trellis-like patio covers, and other shade structures. Play structures do not qualify as open structures, but are regulated as minor or major accessory structures.

Oriel Window (syn. Upper Story Bay Window). A window that projects from the building facade or elevation, located on upper floors and may extend for multiple stories. 248
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Outdoor Sales Display. An area where customers are encouraged to examine and/or experience merchandise in their typical configuration and/or manner of use.

Outdoor Storage Building. A building used primarily for storage of goods and materials, and uninhabitable.

Overhead Doors. Doors constructed in horizontally hinged sections that are equipped with hardware that rolls the sections into an overhead position, clear of the opening.

P. Definitions
Parapet. A low wall along the edge of a roof or the portion of a wall that extends above the roof line.

Parcel (syn. Lot). A portion of land separate from others and delineated or described as a single integral unit on a subdivision map or by other map approved in compliance with the Subdivision Map Act (§66410 et seq.).

Parcel Line Adjustment. A shift or rotation of an existing parcel line between four or fewer existing, adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed are not created, as provided in Section 18.28.010 (Lot Line Adjustments).

Parcel Map. A map prepared for the purpose of dividing a legal parcel into four or fewer parcels and prepared in compliance with the provisions of this Title 22 (Objective Design and Development Standards) and the Subdivision Map Act (§66410 et seq.) and in a manner to be recorded in the office of the County Recorder.

Parcel, Nonconforming. A legally created parcel which does not conform with current standards for area, width, frontage or other such standards for the zone in which the parcel is located because of annexation or amendments to the title.

Park and Recreational Area, Public. Include playgrounds, public gardens, outdoor sports grounds, indoor sports structures within a park area, tot lots, passive park areas, and other areas of use to the general public for recreation or outdoor diversions, not including commercial recreation facilities (see “Commercial Recreation Facility.”)
Parking Driveway Width. The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.

Parkway. That portion of a public right-of-way located between the outermost curb-lane driving lane and the farthest edge of the right-of-way.

Passageway. A pathway unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Passive Recreation. See “Recreation, Passive.”
Path of Travel. A continuous, unobstructed way of pedestrian passage.

Patio Cover. A one story, roofed structure, not more than 12 feet in height above adjacent existing grade, used only for recreational and/or outdoor living purposes, that may be attached or detached as an accessory structure to the primary building.

Pedestrian Shed. An area centered on a destination including, but not limited to, a civic space, civic building, or main street. Its size is limited by an average distance that may be traversed at an easy walking pace in a given amount of time from its center to its edge, about 1,500 feet. Pedestrian sheds are used for planning Walkable Urban areas.
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Pedestrian Orientation. A physical structure or place with design qualities and elements that contribute to an active, inviting, and pleasant place for pedestrians that typically includes most of the following elements:

1. Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;

2. Visibility into buildings at the street level;

3. A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;

4. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

5. Signs oriented and scaled to the pedestrian rather than the motorist; and/or

6. Pedestrian orientation may also include: design amenities related to the street level including, but not limited to, awnings, paseos, and arcades; landscaping and street furniture.

Pedestrian-Oriented Businesses. General commercial businesses that allow customers to park once and complete multiple transactions and visits on foot in a context that encourages people to walk instead of drive.

Pediment. A triangular space that forms the gable of a low-pitched roof and that is usually filled with relief sculpture in classical architecture.

Pedestrian-Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and/or social interaction.

Pennant. Any lightweight flexible plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, in a series of three or more, designed to move in the wind.

Personal Service Shops. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops; garment pressing, repair, and alteration; laundering, dry cleaning, laundromats; cleaning pickup stations; shoe repair shops; printing, limited to letterpress and duplication machines; therapeutic massage; vending machines. These uses may also include accessory retail sales of products related to the services provided.

Pharmacy. Establishment that sells prescription drugs, over-the-counter medications, and other related products.

Places of Assembly With Fixed Seating. Gathering places furnished with permanent seating, including auditoriums, theaters, assembly hall, sports arenas, and stadiums.

Places of Assembly Without Fixed Seating. Gathering places not furnished with permanent seating, including dance clubs, exhibition halls, and gymnasiums.

Planning Commission. The Belvedere Planning Commission, referred to in this FBC as the Planning Commission.

Plant Nursery Sales and Garden Supply. Establishments engaged in the production and sale of ornamental plants and other garden products, grown under cover either in containers or in the soil on the site, or grown outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under “Agriculture.”
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Plot Plan. A plan for an individual residential design site within an approved subdivision. At a minimum, the plot plan shows the design site property lines with metes and bounds; street address; driveways; grading; proposed locations for structures; public and private improvements (e.g., utility service laterals); retaining walls; trees; and measurements to locate these improvements within the design site.

Podium. A continuous projecting base or pedestal under a building often occupied by parking.

Podium Top. A flat, elevated and open area above a podium that can be used as common area.

Porch. A covered shelter projecting in front of the entrance of a building.

1. Porch, Engaged. See Section 22.07.050 (Porch Engaged).

2. Porch, Projecting. See Section 22.07.040 (Porch Projecting).

Pre-Development Grade. The grade of a design site prior to any site improvements related to the proposed development. See "Grade, Existing."
Premises. An area of land with its appurtenances and buildings which because of its unity of use may be regarded as the smallest conveyable unit.

Primary Building. See "Building, Primary."
Primary Living Space. A space within the primary building that is designed as a living room, dining room, or bedroom.

Printing and Processing. Establishments engaged in heavy print shop, typesetting, lithograph, and silk screening (of printed materials only); graphics and art services; sign company; blueprinting; non-retail photographic processing and printing; and art services.

Private Open Space. The area required for each unit in some building types, provided as outdoor yard areas, patios, decks, and balconies, but excluding stairs, entrance decks, and/or landings. Does not include required setbacks.

Private Street. Any street not a public street.

Private Swim Club and Recreation Center. A private facility for swimming and other recreational activities. A swimming pool shall be any pool, pond, lake, or open tank located within or outside of a building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet.

Production, Artisanal. Food and/or products made by hand in small batches that requires skills from a maker/master with a combination of science and art derived from experience.

Pub. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery (“brew-pub”), and other beverage tasting facilities.

Public Assembly. A gathering of members of the public. See "Community Assembly." Public and Quasi-Public. Includes public, semi-public, and private elementary schools; middle schools; high schools; civic buildings; community buildings and uses; and public utility uses including substations, governmental buildings, churches, museums, art galleries, fire stations, post offices, police stations, reservoirs, libraries, parks, essential services, hospitals, and similar uses, any of which may have additional standards to use set forth herein.
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Public Safety Building. Buildings for public utility uses including substations, fire stations, police stations, hospitals, and similar uses.

Public Property. Any property publicly owned outside of the designated public right-of-way.

Public Street. A street for which the right-of-way is owned by or offered for dedication to the public and accepted by the City.

Public Use. A use undertaken by a political subdivision.

Q. Definitions
No specialized terms beginning with the letter Q are defined at this time.

R. Definitions
Rake. The sloped end portion of a roof. Rakes may be close to, or extend from the building to allow for an overhang. Roof rakes can be exposed or closed.

Rear. Opposite of front.

Rear-Loaded (syn. Rear Access). Vehicular access from the rear of the design site.

Recessed Entry. An entrance to a building that is set back from the facade of the building.

Reclassification of Land. An amendment to this Title, which changes the classification of any property from one zone to another zone provided for in compliance with this Title.

Recreation, Active. Recreational pursuits usually performed with others and often requiring equipment which required physical alteration to the area in which they are performed. Such areas are intensively used, and include but are not limited to playgrounds; sport courts; baseball/softball and other field sports; and swimming pools.

Recreational Area. Areas of active play or recreation including, but not limited to, sports fields, school yards, picnic grounds, or other areas with intense foot traffic.

Recreation, Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge (e.g., bowling alleys, card rooms, coin-operated amusement arcades, dance halls, electronic game arcades, ice or roller skating, pool and billiard rooms, etc.).

Recreation, Passive. Recreational pursuits involving existing natural resources which can be carried out with little alteration or disruption to the area in which they are performed. This includes, but is not limited to such activities as walking; hiking; bicycling; bird and animal watching; and picnicking.

Recreation, Commercial. Recreation facilities operated as a business and open to the general public for a fee.

Recreation, Private, Noncommercial. Recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

Relocation. The act or process of moving a structure or object from one property to another property or to a different location on the same property.
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Renovation

1. A structural change to the foundation, roof, floor, or exterior of load-bearing walls of a facility, or the extension of an existing facility to increase its floor area.

2. Alteration of an existing facility including, but not limited to, significantly changing its function, even if such renovation does not include any structural change to the facility.

3. Remodeling of the building interior or exterior.

Rental Shops - Consumer Goods. Consumer-oriented rental shops including party furnishings; household tools and appliances; consumer-scale garden equipment; auto-related equipment; etc.

Includes vending machine service. Does not include construction equipment rental.

Repair Service - Equipment, Appliances, etc. Miscellaneous repair services including only:

1. Business equipment and furnishings repair and service;

2. Household yard equipment and appliance repair and service; and

3. Audio, video and computer repair, and service.

Research and Development Facility. A facility for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and computer and telecommunications components in advance of product manufacturing; and the assembly of related products from parts produced offsite, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical, and biotechnology research and development. Does not include laboratories for the testing of soil and other materials. See “Laboratory.” Residential. Premises used primarily for human habitation.

Residential Development. Any development that consists entirely of dwellings.

Restaurant, Cafe, or Coffee Shop. Any room, building, place, or portion thereof intended to provide seated and/or take-out service of food selections prepared on the premises; typically appropriate for a complete breakfast, lunch, or dinner meal; but excluding bakeries, specialty coffee, and similar retail establishments providing incidental seating/table accommodations for the convenience of the retail customer. Does not include fast-food or drive-in facilities. See “Restaurant, Fast Food” and “Drive-in Business.”
Restaurant, Fast Food. A restaurant with a drive-through facility providing food service directly to occupants of a motor vehicle.

Review Authority. The individual or official City body (Director of Planning and Building, Planning Commission, or Belvedere City Council) identified by this FBC as having the responsibility and authority to review, and approve or deny the permit applications described in Chapter 10 (Administration).

Right-of-Way (ROW). Land dedicated to transportation purposes and/or use by the general public.

Roadside Service Establishment. Service stations, garages, restaurants, motels, hotels, and similar enterprises which provide food, shelter, or necessary automotive services or supplies to travelers. 253
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Rooming and/or Boarding. A dwelling or part thereof other than a hotel where meals and/or lodgings are provided, for compensation, for six or more persons unless otherwise specified, not transients.

Rowhouse. See Section 22.06.090 (Neighborhood Townhouse).

Runoff. Water which is not absorbed by the soil to which it is applied. Runoff usually occurs when water is applied at too great a precipitation rate, when water is applied to saturated soils, or when water is applied to a steep slope.

S. Definitions
Sales Floor Area. The interior building space devoted to the sale of merchandise. Does not include rest rooms, office space, storage space, automobile service areas, or open-air garden sales space.

Satellite Dish Antenna. Parabolic or spherical antenna whose purpose is to receive and/or transmit radio communication signals to and/or from satellites.

Scenic Easement or Open Space Easement. An easement granted to the public whereby the owner relinquishes or limits the right to construct improvements on the land.

School. Public-supported, private, and parochial institutions conducting regular academic instructions at preschool, kindergarten, elementary, secondary, and collegiate levels. Includes the following facilities.

1. School, Elementary/ Middle/ Secondary. A public or private academic educational institution, including elementary (kindergarten through 6th grade); middle and junior high schools (7th and 8th grades); secondary and high schools (9th through 12th grades). May also include any of these schools that also provide room and board.

2. School, Specialty. A school that provides education or training, including vocational training, in limited subjects. Examples of these schools include:
a. Art school;
b. Ballet and other dance school;
c. Business, secretarial, and vocational school;
d. Computers and electronics school;
e. Drama school;
f. Driver education school;
g. Establishments providing courses by mail;
h. Language school;
i. Martial arts;
j. Music school;
k. Professional school (law, medicine, etc.); and
l. Seminaries/religious ministry training facility.

Does not include pre-schools and child day care facilities. See also the definition of “Studio - Art, Dance, Martial Arts, Music, etc.” for smaller-scale facilities offering specialized instruction.

Second Unit. See “Dwelling, Second Unit.”
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Semi-Public Use. A use owned or operated by a non-profit organization, private institution, or foundation.

Semi-Public Utility Building. A building owned or operated by a non-profit organization, private institution, or foundation, and used to provide utility services to its members or those persons it serves.

Service Entries. Building access for service providers.

Service Facilities. On-site facilities that support grounds maintenance, landscaping, and minor repair service relative to a primary use.

Setback. The distance by which a structure, parking area, or other development feature is separated from a design site line, other structure, or development feature.

1. Setback, Front. An area extending across the full width of the design site between the front design site line and the primary structure.

2. Setback, Rear. An area extending the full width of the design site between a rear design site line and the primary structure.

3. Setback, Side. An area between a side design site line and the primary structure extending between the front and rear setback.

Setback, Building. The mandatory clear distance between a design site line and a building.

Setback, Parking. The mandatory clear distance between a design site line and parking.

Setback, Non-Street Frontage. Any side or rear setback not contiguous to a public right-of-way. Such setback shall be measured laterally from the nearest part of that portion of a primary building facing said side or rear setback toward the nearest point of the design site line.

Shared Parking. Any parking spaces assigned to more than one user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Shopfront. See Section 22.07.100 (Shopfront).

Shopfront Base. A very low wall , that does not include glass, between the display window(s) of a shopfront and the adjacent sidewalk.

Sidewalk. A paved area along a street intended exclusively for pedestrian use and often installed between a street and design site frontages.

Single-Loaded, Building. A building containing dwellings and/or commercial units without common hallways for access to the dwellings and/or units.

Site Plan. A base sheet that includes the basic information that will appear on all plans including, but not limited to, natural features, roads, buildings, or other structures to remain on-site.

Special Event. A temporary use including, but not limited to, art and craft shows and exhibits; carnivals; circuses; fairs; farmers' markets; festivals; flea markets; food events; open-air theaters; outdoor entertainment or sporting events; promotional events; swap meets; and other similar temporary community and entertainment assembly uses. Special events do not include private non-commercial events or parties held at a residence or accessory uses including, but not limited to, garage sales or outdoor displays.

Special Architectural Elements. Church spires; belfried cupolas and domes; monuments; corner or entry towers on residential units; and other similar architectural elements. 255
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Specific Plan. See California Government Code §65450-65457.

Stealth Design. The effect of integrating an element including, but not limited to, a cellular antenna into a building that results in the element not being visible from adjacent public sidewalks and open space.

Street, Front. Street located along the front design site line of a parcel.

Street, Side. Street located along a design site line of a parcel that is not along the front design site line.

Stoop. See Section 22.07.070 (Stoop).

Storage. Includes:

1. Contractor Storage Yard. Outdoor storage facilities operated by or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s type of business. May also include truck terminals and buildings or structures for uses including, but not limited to, repair facilities. Does not include vehicle dismantling yards, scrap, and waste yards. May include an accessory office. A contractor’s office located away from a storage facility is included in compliance with the definition of “Office - Business, Service.”

2. Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or primary use.

3. Self-Storage Facility. A structure containing generally small, individual compartments, stalls, or lockers rented as individual storage spaces and characterized by low parking demand.

Storefront. The majority portion of a shopfront frontage that consists of the display window and/or entrance and its components, including windows, doors, transoms, and sill pane.

Story. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade for more than 50 percent of the total perimeter, such basement or cellar shall be considered a story.

1. Story, First. The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.

2. Story, Half (syn. Attic Story). A conditioned space that rests primarily underneath the slope of the roof, usually having dormer windows. The half story is identified by the ".5" in the description of maximum height (e.g., 2.5). A half-story is considered a story when its top wall plates, on at least two opposite exterior walls, are four feet or more above the floor of such story.

3. Story, Mezzanine. A story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story when it covers more than one-third of the area of the story directly underneath said mezzanine story.

Street. A public or permanent private thoroughfare which affords a primary means of access to design site(s).

1. Street, Front. Street located along the front design site line.

2. Street, Side. Street located along a design site line that is not the front design site line Street Frontage. The lineal length of that portion of a design site abutting a street.

Street Frontage, Principal. The length of the property line of any one premise parallel to and along the public right-of-way which it borders and which is identified by an officially assigned street address. 256
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Street Tree. A tree planted in open spaces, parkways, sidewalk areas, easements, streets, and rights-ofway.

Studio - Photography, Art, Martial Arts, Music, etc. A small-scale facility, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of “Schools - Specialty.” Examples of these facilities include: individual and group instruction and training in the arts, martial arts, music, and photography; and the processing of photographs produced only by users of the studio facilities. Also includes production studios for individual painters, sculptors, photographers, and other artists.

Supportive Housing. See “Transitional Housing.”
Swimming Pool, Public or Private. Any pool, pond, lake or open tank located within or outside of a building, and containing or normally capable of containing water to a depth at any point greater than 1.5 feet.

T. Definitions
Tandem Parking. A parking space deep enough to allow two cars to park, one behind the other.

Tavern. See “Pub.”
Terrace. See Section 22.07.110 (Terrace).

Theater, Cinema or Performing Arts. An indoor facility for group entertainment, other than sporting events. Examples of these facilities include: civic theaters, facilities for live theater and concerts, and movie theaters.

Thoroughfares. A way for use by vehicular, pedestrian, and bicycle traffic that provides access to design sites and open spaces, and that incorporates vehicular lanes and public frontages.

Townhouse, Neighborhood. See Section 22.06.090 (Neighborhood Townhouse).

Transect. A cross-section of the environment showing a range of different habitats. The Natural-toUrban Transect of the human environment is divided into multiple transect zones that describe the physical form and character of a place according to the intensity of its land use and urbanism. See Table P-1E-B (Summary Table of Transects for Natural, Rural, and Walkable Contexts in Belvedere).

Transect Zone. See "Form-Based Zone."
Transitional Housing. Rental housing operated in compliance with program standards that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Includes supportive housing, shelters housing, and single room occupancy hotels and shelter housing.

Transit Station. A design site or structure used for the purpose of parking, loading, and unloading freight and passengers from train or bus transportation. May include parking facilities and other commercial amenities to service transit passengers.

Transit Stop. A location where buses stop to load and unload passengers. A transit stop may or may not include a shelter or a pullout.
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Transom. Refers to a window; a window above a door or other window built on and commonly hinged to a transom
Tripartite. A method of visually organizing a facade of the building by dividing it up into three sections:
the base, middle, and top.

Turf. A surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermudagrass, kikuyugrass, seashore paspalum, St. Augustinegrass, zoysiagrass, and buffalo grass are warm-season grasses.

TV and Radio Stations. Commercial and public communications facilities entirely within buildings, including radio and television broadcasting, and receiving stations and studios.

U. Definitions
Understory. The smaller trees and shrubs below the canopy of large trees.

Unit. See "Dwelling Unit."
Upper Floor. A floor in a building containing habitable space that is located above the ground floor.

Urban Agriculture (Crop Production). Areas in some form of cultivation including, but not limited to, row crops, orchards, or greenhouses that support nearby or on-site food establishment operations.

Usable Open Space. Common or private open space, excluding the following:

1. Required front setbacks;

2. Areas devoted to parking, driveways, and maneuvering areas;

3. Open space at grade less than 10 feet in its minimum dimension; and

4. Patios, balconies, or decks less than five feet in their minimum dimension.

Use. The purpose for which land, premises, or structure thereon is designed, arranged, or intended, or for which it is or may be occupied or used.

Use, Accessory. A subordinate use of a building, structure, or design site that is customarily incidental to a principal use located on the same parcel.

Use, Principal. The main or primary use or uses conducted on a design site or located within a building or within a portion of a building which is separated structurally from other uses within the same building, not to include an accessory use as defined herein or a subordinate department of a main or primary use.

Use, Temporary. The use of land or premises or a building thereon for a limited period of time which does not change the character of the site, premises, or uses therein. 258
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V. Definitions
Vehicle Services.

1. Vehicle Services, Auto Repair Garage. Auto service for general repair, rebuilding, or reconditioning of engines, motor vehicles or trailers; towing service; collision service including body or frame, straightening, repair, or overall painting; or paint shop. Includes businesses dealing in used parts; auto wrecking and salvage; and tire recapping establishments.

2. Vehicle Services, Auto Service Center. Vehicle services in conjunction with a department store or as part of a shopping center or mall development.

Veterinary Clinic, Animal Hospital. Office and indoor medical treatment facilities used by veterinarians, including large- and small-animal veterinary clinics and animal hospitals.

Visitability. A basic level of accessibility that enables persons with disabilities to visit others in their dwellings by providing at least one accessible means of egress/ingress for each residential unit.

W. Definitions
Walkable Neighborhood Center. A Walkable Urban environment that provides a concentrated mix of civic, institutional, and/or commercial uses.

Walkable Neighborhood Plan (WNP). A development plan for creating Walkable Urban environments with a mix of housing, civic, retail, and service choices within a compact, walkable, and transit-ready environment. See Section 22.09.030 (Walkable Neighborhood Plan).

Walkable/Walkability. The condition when an area is highly interconnected to other areas and appeals to pedestrians for recreational walking or for walking to work, transit, errands, shopping, or restaurants.

Walkway. A paved way located on one or more design sites, used for pedestrian traffic, and used exclusively by the design site owner(s), their guests, and invitees.

Wall Plane. A vertical surface defined by the facades of buildings.

Warehousing and Distribution Facility. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: Agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers, and associations engaged in the cooperative marketing of farm products; merchant wholesalers; and stores primarily selling electrical, plumbing, heating, and air conditioning supplies and equipment. Also includes storage, processing, packaging, and shipping facilities for mail order and electronic commerce retail establishments.

Water Table, Architectural Feature. A horizontal projecting string-course of masonry, molding, or a ledge placed so as to divert rainwater from a building.

Width-to-Height Ratio. The ratio of the horizontal size of a space measured perpendicularly to the vertical height of a building.
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Winery.

1. Boutique. Winery of 100 to 5,000 cases, including indoor retail sales of processed products produced on-site and related products provided the retail sales portion shall not exceed 20 percent of the facilities building area.

2. Small. Winery producing 5,000 to 10,000 cases on design sites greater than 10 acres.

3. Large. Wineries larger than a boutique and small winery, including indoor retail sales of processed products produced on-site and related products, provided the retail sales do not exceed a maximum of 20 percent of the building area. Includes winery related uses, including on-site food preparation and sales; restaurant or delicatessen; non-wine-related retail sales; and outdoor facilities for commercial food service or entertainment.

Wing. A structure of at least five feet in depth physically attached to, and secondary to, the main body of a primary building.

X. Definitions
No specialized terms beginning with the letter Y are defined at this time.

Y. Definitions
Yard. See "Setback."
Z. Definitions
Zero Design Site Line. A building or structure that is placed on the property line.

Zone. See “Transect Zone."
Zone Map. The zoning map(s) of the City of Belvedere, California, together with all amendments.

Zoning Code. The Zoning Ordinance of the City of Belvedere specified in Title 22 (Objective Design and Development Standards).
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22.11.030 Measurement Methods

1. Sloped and Steeply Sloped Design Sites
A. Applicability. The standards of Section 22.05.050 (Slope Standards) apply to sloped and steeply sloped design sites. Slope is measured by taking the vertical distance, or "rise", over the horizontal distance, or "run." The resulting fraction, or percentage, is the "slope" of the land. Sloped and steeply sloped design sites are those areas of land that exhibit the slopes of six percent and greater.

B. Methodology. The following methodology shall be used to identify steep slopes protected in compliance with this Section. An example of the methodology is shown in Figure 1 (Methodology for Defining Sloped and Steeply Sloped Design Sites).
(1) Steep Slope Determination. To qualify as a steep slope, the slope shall be at least six percent with a 10-foot vertical drop over a 100-foot horizontal distance parallel to at least one common contour line. The horizontal measurement shall cross property lines to establish if a steep slope may exist on a design site (i.e., the 100-foot minimum width calculation shall cross a property line if necessary to achieve this minimum width).

Figure 22.11.030.1: Methodology for Defining Sloped and Steeply Sloped Design Sites 400
390
380
370
410
Key
Vertical Distance
Horizontal Distance
Design Site Line
Topography Line
Topography Analysis
(2) Area Calculation. Steep slope areas are calculated based on the square feet of steep slope on the design site as determined in Subsection (1) above. There is no minimum square footage for each slope area.
(a) First, calculate the square footage of slopes 30 percent and greater. Determine the square footage of each area as well as the sum of these areas for the total site. (b) Second, calculate the square footage of slopes between 29 and 25 percent. Determine the square footage of each area as well as the sum of these areas for the total site. (c) Third, calculate the square footage of slopes between 24 and 20 percent. Determine the square footage of each area as well as the sum of these areas for the total site. (d) Fourth, calculate the square footage of slopes between 15 percent and 19 percent.

Determine the square footage of each area as well as the sum of these areas for the total site.
(e) Fifth, calculate the square footage of slopes between 10 and 14 percent. Determine the square footage of each area as well as the sum of these areas for the total site. (f) Lastly, calculate the square footage of slopes between 6 and 9 percent. Determine the square footage of each area as well as the sum of these areas for the total site. 261
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(3) Steep Slope Resource Area. Based on the area calculations in Subsection (2), above, Table

22.05.050.A (Amount of Sloped Areas Allowed to be Developed) identifies the percentage of sloped area that is developable. Figure 2 and Figure 3 illustrate examples of the calculated slopes and the corresponding percentage allowed for development. (4) Sloping Design Site Height. Design sites with slopes of six percent or more shall measure the maximum height of structures as set forth in the zone and measured vertically from ground level at the front setback line, or if no setback is required, at the center of the design site.

Figure 22.11.030.2: Example for a Sloped Development Site (<1 acre) Front Street
Key Existing Slope Developable Area1
0-5.99% 100% max.
6-9.99% 100% max.
10-14.99% 100% max.
15-19.99% 100% max.
20-29.99% 50% max.
>30% 25% max.

Design Site Line
Slope Designations
Figure 22.11.030.3: Example for a Sloped Development Site (>1 acre) Front Street
Key Existing Slope Developable Area1
0-5.99% 100% max.
6-9.99% 70% max.
10-14.99% 50% max.
15-19.99% 25% max.
20-29.99% 10% max.
>30% 0% max.

Design Site Line
Slope Designation
1 In compliance with the setbacks of the zone, required on-site open space, this Section, and the maximum building footprint standards in Chapter 6 (Specific to Building Types). 262
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C. Average Slope. The result of dividing the length of a slope by the difference in elevation at the top and bottom of the slope.
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
(e)

2. Primary Building within Facade Zone
A. Applicability. The facade zone standards apply to new primary buildings and their additions along the front and side street of a design site.

B. Methodology. The required amount is expressed in the zone standards as a percentage. The percentage is calculated as follows through an example for the front facade zone. The same approach is to be applied to the side street, using the minimum front and rear building setbacks. (1)
(2)
(3)
(4)
(5)
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Figure 22.11.030.4: Applying the Required Amount to the Facade Zone A. Abutting Facade Only B. Within Facade Zone Only
C. Abutting and Within Facade Zone D. Abutting and at Front of Facade Zone Key
Front Street Side Street
Facade Zone 50% min.1 50% min.1
Buildable Area
1 This is an example. See Subsection 4 of the zone for the standard. Side Street Front Street
Side Street
Front Street
Side Street
Front Street
Side Street
Front Street
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Figure 22.11.030.5: Determining the Required Amount Subject to the Facade Zone Example Calculation
50' Design Site Width
- 5' Side Setback
- 5' Side Setback
= 40' Net Buildable Width
40' Net Buildable Width
x Zone Standard (e.g., 50%)
= 20' Required In or Abutting the Facade Zone
Key
Width of Design Site
Depth of Design Site
Setback to be Subtracted from Design Site Width
Setback to be Subtracted from Design Site Depth Side Street Front Street

3. Measuring Building Types
A. Methodology. Measurement of width and depth.
(1)
(a) The width shall be parallel to the front.
(b) The depth shall be perpendicular to the front.

Figure 22.11.030.6:

Main Body
Key
Width
Depth
Side Street
Front Street
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(2)
(a)
(b)

STACKED
Side Street
Front Street
Figure 22.11.030.7:

Wings and Ancillary Structures
Key
Width
Depth
(3)
(a)
(b)

X, STACKED
Side Street
Front Street
Figure 22.11.030.8:

Open Space(s)
Key
Width
Depth
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(4)
(a)
(b)
(c)
Figure 22.11.030.9:

Courtyard(s)
Key
Width
Depth
Front Street

URTYARD APARTMENT, LARGE
(5)
(a)
(b)
Figure 22.11.030.10:

Width-to-Height Ratio
Key
Width
Height
h < 2w
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(6)
(a)
(b)
(c)
(d)
(e)
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22.11.030
Figure 22.11.030.11: Top of Parapet and Flat Roof Figure 22.11.030.12: Section Detail of Top of Parapet and Flat Roof Figure 22.11.030.13:

Highest Eave for Pitched Roof
Figure 22.11.030.14:

Section Detail of Highest Eave for Pitched Roof Parapet See Figure 14
(Section Detail)
See Figure 12
(Section Detail)
Key
Height, Overall
Top of Parapet
Roof Structure
Highest Eave Measurement
Eave Assembly
Dormer
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AGENDA ITEM NO. : 11

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022
To: Mayor and City Council
From: Craig Middleton, City Manager
Helga Cotter, Administrative Services Director
Subject: Consider resolution approving the City of Belvedere Annual Operating and Capital Budget for FY2022-23 and the Five-Year Capital Plan Recommended Motion/Item Description

1. Conduct the Public Hearing.

2. Adopt the attached Resolution appropriating funds necessary for FY2022-23.

Background
In April of 2022, the Finance Committee reviewed a preliminary operating and capital budget for FY2022-23 and voted unanimously to recommend its adoption by the City Council. At its meeting of May 9, 2022, the City Council also reviewed the preliminary budget document. A revised budget document has been prepared for Council consideration following the scheduled public hearing.

Revisions
There have been a few minor revisions to the operating and capital budget for FY2022-23 since it was reviewed by the Finance Committee and City Council.

The anticipated fire tax revenue for the fiscal year was adjusted upward from $1,035,808 to $1,061,453, an increase of $25,645. The fire tax revenue in the preliminary budget was prepared using best available estimates. Since that time, the price and population data were released by the State of California, resulting in a higher escalation rate for the fire tax assessment than previously estimated.

The new City Manager contract was finalized at the May 9, 2022, meeting and the resulting contract amount for FY2022-23 was integrated as part of the budget’s salary and benefits, which results in a decrease in the Administrative personnel and fringe budget of $21,635 as the prior draft budget reflected the City Manager position at the current City Manager’s salary and full benefits.

PUBLIC HEARING BELVEDERE CITY COUNCIL
JUNE 13, 2022