Commercial Real Estate in Belvedere: The MU Zone, Recreation Lands and What a Small City Allows

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

Belvedere is one of Marin’s smallest cities, mostly a residential island and lagoon. Its commercial land is limited to a mixed-use strip near the Tiburon Boulevard downtown it shares with Tiburon, plus recreation and waterfront land such as clubs, piers and boat facilities. Offices, a few shops and housing over ground-floor commercial space are the realistic deal types. Confirm every parcel’s zone on the city’s official map, and whether it sits in Belvedere or Tiburon, before relying on this page.

Who controls the parcel

Inside the city limits, the City of Belvedere controls land use under Title 19 of its municipal code, with design review under Title 20 and historic preservation under Title 21. Much of the commercial frontage people think of as "Belvedere-Tiburon" is actually in the Town of Tiburon, under different rules. Check the city line first. The official zoning map, last adopted by the City Council on December 8, 2025, sets the zone boundaries. Shoreline boundaries follow the mean high water line. Sewer service comes from Sanitary District No. 5, which covers Belvedere and Tiburon east of Gilmartin Drive. Fire access standards come from the Tiburon Fire Protection District.

Belvedere zoning for commercial and mixed use

Section 19.12.010 divides the city into ten zones, ordered from most to least restrictive. Only two allow non-residential uses beyond public facilities.

District	Intended uses	Notes
MU Mixed Use	Downtown retail, services, offices, banks and housing along Tiburon Boulevard	1.75 FAR, three stories and 45 ft. 10,000 sq ft minimum site, 60 ft wide. Housing at 30–35 units per net acre, at least 50% of floor area in mixed-use projects
R Recreation	Beaches, parks, boardwalks, piers, wharves and boat facilities	New structures need a Planning Commission use permit. Club buildings by use permit. Standards set case by case through design review
O Open Space, Scenic	Scenic and open space lands	Most restrictive zone (Ch. 19.16)
R-3 Multifamily	Apartments, with some office uses	Professional offices and ground-floor apartment-management businesses by use permit. Hotels prohibited
PUD overlay	Planned unit developments on a base zone	Shown on the map as, for example, "R3-PUD"

There is no industrial, highway commercial or hotel zone. In R-3, hotels, motor courts and boarding houses are expressly prohibited.

The MU zone in detail

The MU chapter was adopted in 2024 (Ordinance 2024-01) and amended in 2025 (Ordinance 2025-10). It aims to coordinate the downtown with Tiburon, mix uses for convenience, support walking and transit, and buffer commercial uses from homes. It also sets objective standards for streamlined, nondiscretionary review.

By right. Retail stores, personal services, retail bakeries (sales only), banks, business services and business, professional and medical offices. Apartments, townhouses and multifamily dwellings are allowed alone or in mixed-use buildings, as are supportive housing, SROs and emergency shelters.
Use permit. Restaurants, bars, wine shops with tasting, brewpubs, convenience markets, liquor stores, bakeries that produce on site, fitness uses, hotels, club buildings and parking facilities need a Planning Commission use permit.
Ministerial housing. Projects on sites in the Housing Element sites inventory get ministerial review only.
Parking and landscaping. One space per housing unit, which may be shared, plus bicycle parking. Landscaping must cover at least 15% of the site.
Inclusionary housing. Under Chapter 19.95 (2025), MU projects creating seven or more homes must make 15% of units affordable, rising to 20% above 12 units. At least 5% must be very low or low income. In-lieu fees are allowed only when on-site units are impractical.

For an owner of an older MU building, the 1.75 FAR and 45-foot height can be more than the current structure uses. Housing must make up at least half of the floor area in a mixed-use project, so redevelopment is mainly a housing play.

Cannabis, lodging and the waterfront

Cannabis. Chapter 19.93 (2018) bans every commercial cannabis activity in all zones. Owners may not lease space to such a business, but delivery into the city is allowed.
Lodging. Hotels are possible only in MU, by use permit. SB 9 units carry a recorded covenant barring rentals under 30 days.
Historic properties. Title 21 sets up a Historic Preservation Committee, designation, and review of proposed changes to designated properties. Check whether a building is designated before planning exterior work.
Piers and floats. Waterfront structures follow Title 20’s standards for buoys, piers, gangways and floats, plus design review.

Transfer tax, business tax and property tax

The Marin County Recorder’s sheet shows the county documentary transfer tax at $0.55 per $500, excluding assumed liens. It lists only San Rafael as adding a city tax. Belvedere’s code includes its own real property transfer tax (Chapter 3.20), adopted in 1967 at $0.275 per $500, also excluding remaining liens and administered by the County Recorder. Taxes of this design are normally credited within the county rate rather than added to it, so confirm the charge with escrow.

The city’s business license tax (Chapter 5.04) applies to businesses whether or not they make a profit. Rates are set by Council resolution, with a per-berth fee for yacht harbors. A licensee can ask for an adjustment if the tax exceeds one-half percent of local gross receipts. A sale generally triggers Proposition 13 reassessment.

Due diligence that matters in Belvedere

Start with our commercial due diligence checklist, then add:

Confirm the parcel is in Belvedere, not Tiburon, and check its zone on the December 2025 map.
In MU, check whether the site is in the Housing Element inventory, which changes review to ministerial.
Check that restaurant, bar or fitness tenants can obtain a use permit.
Plan for a Sanitary District No. 5 CCTV lateral inspection at sale or after $50,000 of work in three years.
For shoreline parcels, confirm flood elevation, pier permits and mean high water boundaries.
Check for historic designation under Title 21.

Questions people ask

Where is commercial zoning in Belvedere?

Mainly in the MU zone near downtown on Tiburon Boulevard. Recreation-zoned lands allow clubs and boat facilities by use permit.

Can I open a restaurant in Belvedere’s MU zone?

Yes, with a Planning Commission use permit. Retail, banks and offices are permitted by right.

How much can be built in the MU zone?

Up to 1.75 FAR, three stories and 45 feet, with housing at 30 to 35 units per net acre.

Are cannabis businesses allowed?

No. Commercial cannabis is banned in every zone, though delivery into Belvedere is allowed.

Does Belvedere have its own transfer tax?

Its code sets $0.275 per $500. The county’s sheet lists only San Rafael as adding a city tax, so confirm the charge with escrow.

What sewer inspection is needed at sale?

A CCTV lateral inspection and compliance with Sanitary District No. 5, unless the lateral is recently replaced or inspected.

Does Diamond handle commercial property in Belvedere?

Contact Matthew Martinez to discuss buying, selling or leasing commercial property in Belvedere.

Sources & notes

Belvedere Municipal Code (GoCodebook, Sept. 2026 ed.): Ch. 19.12 zones and map, Ch. 19.20 R zone, Ch. 19.36 R-3, Ch. 19.41 MU, Ch. 19.93 cannabis, Ch. 19.95 MU affordable housing
Belvedere Ch. 3.20, transfer tax and Ch. 5.04, business license tax
Sanitary District No. 5, lateral inspections
Marin County Recorder, transfer tax

Note: We did not find a transient occupancy tax chapter in Belvedere’s code index, and we did not review Title 21 chapter text or the zoning map image.

This page is general information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.

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