Division 19.14 — SPECIAL PURPOSE ZONING DISTRICTS

This division lists the uses of land that may be allowed within the special purpose zoning districts established by Section 19.04.020 (Zoning Districts Established), determines the type of land use permit/approval required for each use, and provides basic standards for site development.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows:

A.

MU (Mixed Use) District. The MU zoning district is applied to areas surrounded by land currently developed with both commercial and residential land uses. Commercial and/or office land uses are permitted. Housing development may be permitted only in conjunction with either commercial and/or office uses. The MU zoning district is consistent with the Mixed Use land use designation of the General Plan.

B.

PD (Planned) District. The PD zoning district is applied to large parcels capable of being developed as an integrated community neighborhood, with appropriate public services, infrastructure, and neighborhood convenience retail and services; and to smaller sites with sensitive environmental resources or other unique constraints. The PD zoning district allows flexibility in site planning and development standards to encourage developments that are sensitive to natural resources and surrounding community context. The PD zoning district may be applied to any land use designation of the General Plan.

C.

CF (Community Facilities) District. The CF zoning district is applied to areas suitable for public land uses including government offices, meeting halls, schools and libraries, and other related municipal uses. The CF zoning district is consistent with the Community Facilities, Public Utilities, and Civic Uses land use designation of the General Plan.

D.

REI (Research/Education—Institutional) District. The REI zoning district was created by Section III of the "1995 Citywide Initiative Measure to Enact Regulations that Will Allow Development of the Buck Center for Research in Aging Project." The REI zoning district is consistent with the Research/Education-Institutional land use

designation of the General Plan and zoning that was enacted by that initiative. Allowable land uses, permit requirements, and development standards for the REI zoning district are determined by Section 19.14.050.

E.

PL (Parkland) District. The Parkland zoning district is applied to areas suitable for public parks, playgrounds and other outdoor recreation uses. The PL zoning district is consistent with the Parkland designation in the General Plan.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

General Land Use Permit Requirements. Table 2-9 identifies the uses of land allowed by this Zoning Ordinance in each special purpose zoning district, and the land use permit required to establish each use, in compliance with Section 19.06.030 (Allowable Land Uses and Permit Requirements). In addition to the land use permit required by Table 2-9, special provisions related to certain land uses may apply, and Design Review may also be required for certain uses in compliance with Section 19.42.030 (Design Review). A Grading and/or Building Permit shall be required prior to any construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

B.

PD District Allowable Land Uses and Permit Requirements. Allowable land uses, building intensity and/or residential densities, and permit requirements within a PD (Planned) zoning district shall be determined by the Council through the adoption of a Master Plan in accordance with Section 19.42.060. Land uses established through the Master Plan shall be consistent with the General Plan. An approved Master Plan shall constitute a rezoning and zoning text amendment for a particular site. Where provisions of the Master Plan conflict with other provisions of this Zoning Ordinance, the Master Plan shall control pursuant to Section 19.02. PD zoned property, which does not have an approved Master Plan and Precise Development Plan, may be used for agricultural activities as defined in Article 2 Section 19.08, Agricultural and Resource Zoning Districts. Permissible types and numbers of commercial cannabis activities established in Section 8-11 of the Novato Municipal Code and further described in Section 19.34.066 of this chapter, are allowed on any Planned District (PD) zoned property which carries a Novato General Plan land use designation of Commercial/Industrial (CI) or Light Industrial/Office (LIO). In addition to CI and LIO, cannabis testing laboratories are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO), General Commercial (GC), or Downtown Core (CD), and Non-Storefront Retail uses are allowed on any property carrying a land use designation of Business and Professional Office (BPO).

C.

Gas Stations Prohibited. Unless exempt under Section 19.52.022.B.2, new gas stations shall be prohibited on any parcel zoned Planned District (PD); provided, however, that a gas station existing at the time Novato Ordinance No. 1693 becomes effective and located on a parcel zoned PD shall be subject to the nonconforming use provisions set forth in Section 19.52.022.B.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1656, § V, 11-12-2019; Ord. No. 1693, § 4(Exh. A), 11- 15-2022)

A.

General Standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2- 10, in addition to any other applicable requirements of this Article, and the development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).

B.

PD District. Development standards for projects within the PD (Planned) zoning district shall be determined by the Council through the adoption of a Precise Development Plan in accordance with Section 19.42.060, provided that the standards are found to be consistent with the objectives, policies and programs of the General Plan. Where the Precise Development Plan is silent on a general development standard or specific use, the standards from the most comparable zoning district and special provisions and standards of this Zoning Ordinance shall apply pursuant to Section 19.02.

C.

REI District. See Section 19.14.050.

D.

PL District. Development standards for projects within the PL district shall be determined through project review and approval.

P  Permitted Use (2)
TABLE 2-9
Allowed Uses and Permit Requirements (2) UP Use Permit required (3)
for Special Purpose Zoning Districts
— Use not allowed

PERMIT REQUIRED
Specific Use LAND USE (1) BY DISTRICT
Regulations
MU CF PL

AGRICULTURE & OPEN SPACE USES

Community gardens P P P

Nature preserves P P P

MANUFACTURING & PROCESSING USES

Recycling facilities - All types — UP — 19.34.150

Recycling facilities - Reverse vending machines P — —

Recycling facilities - Small collection facilities UP UP UP

R&D (Research & Development) P UP —

R&D - Biotechnology, chemical, pharmaceutical UP UP —

RECREATION, EDUCATION & ASSEMBLY USES

Community centers UP UP UP

Golf courses, public — UP UP

Health/fitness facilities UP UP UP

Indoor amusement/entertainment facilities UP UP —

Libraries, museums, galleries UP UP —

Outdoor recreation facilities - Active UP UP UP

Outdoor recreation facilities - Passive P P P

Parks and playgrounds P P P

Religious facilities UP UP —

Schools - Private UP UP —

Schools - Colleges and universities UP UP —

Schools - Elementary and secondary UP UP —

Studios - Art, dance, martial arts, music, etc. UP UP —

Theaters and auditoriums UP UP —

RESIDENTIAL USES

Accessory Dwelling Units P P — 19.34.030

Accessory residential uses and structures P UP — 19.34.032

Alcoholism or Drug Abuse Recovery or Treatment P — — Facility, 6 or fewer persons

Cannabis cultivation - personal indoor P P — 19.34.065

Cannabis cultivation - personal outdoor — — — 19.34.065

Caretaker quarters — UP —

Community Care Facility, 6 or fewer persons P — —

Community Care Facility, 7 or more persons — — —

Emergency Shelter — — — 19.34.072

Junior Accessory Dwelling Units P — — 19.34.031

Live/work P — — 19.34.090

Low Barrier Navigation Center P P — 19.34.073

Multi-family dwellings and duplexes, in a mixed- use project.

Residential Care Facilities for the elderly (RCFE), P — — 6 or fewer persons

Single-family dwellings P — —

Single-room Occupancy Facility (SRO) P — — 19.34.126

Supportive Housing P P — 19.34.071

KEY TO ZONING DISTRICT SYMBOLS

MU Mixed Use PL Parkland

CF Community Facilities and Parkland

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

P  Permitted Use (2)
TABLE 2-9
Allowed Uses and Permit Requirements (2) UP Use Permit required (3)
for Special Purpose Zoning Districts
— Use not allowed

PERMIT REQUIRED
Specific Use LAND USE (1) BY DISTRICT
Regulations
MU CF PL

RETAIL TRADE

Accessory retail and service uses P — — 19.34.034

Alcoholic beverage sales, on or off-site (4) UP — — 19.34.050

Convenience stores UP — —

General retail P — —

Grocery stores (5) UP — —

Restaurants UP — —

SERVICES

Automated teller machines (ATMs) P — —

Banks and financial institutions P — —

Bed and breakfast inns UP — —

Business support services UP UP —

Child/adult day care (small or large) UP — — 19.34.070

Hotels and motels UP — —

Sec. 8-4

see also
Massage establishments - small P — —

TABLE 2-10 SPECIAL PURPOSE DISTRICT GENERAL DEVELOPMENT STANDARDS

Development Feature Requirement by Zoning District

MU CF
Mixed Use Community Facilities

Minimum lot size Determined through project review, consistent with the General Plan

Maximum density N/A (Refer to FAR) N/A

Minimum site area per unit N/A (Refer to FAR)

Setbacks required Minimum setbacks required. See Section 19.20.100 for setback measurement, allowed projections into setbacks, and exceptions to setbacks.

Front 20 ft None

Sides (each) 0 to 10 ft (3) 0-10 ft (3)

Rear 0 to 15 ft (4) 0-10 ft (3)

Building coverage (1) 40% N/A

Floor Area Ratio (FAR) 0.4 - 0.8 (5) 0.8

Height limit (2) 35 ft (6) 35 Ft (6)

Architecture As required by Division 19.27

Landscaping As required by Division 19.28 (Landscaping)

Parking and loading As required by 19.30 (Parking and Loading)

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions).

(3)

6 ft is required if setback is adjacent to a single-family residential zone; 10 ft is required if structure is over 20 ft in height and setback is adjacent to a single-family residential zone; no setback required otherwise.

(4)

10 ft is required if setback is adjacent to a single-family residential zone; 15 ft is required if structure is over 20 ft in height and setback is adjacent to a single-family residential zone; no setback required otherwise.

(5)

Higher value FAR may be allowed where additional floor area is used for housing.

(6)

Within the Downtown Overlay zone, the height limit may be increased up to 45 feet for the habitable floor area with Design Review approval, in accordance with Section 19.20.070.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1587, § 9(Exh. I), 12-3-2013; Ord. No. 1611, § 4(Exh. C), 11-29-2016; Ord. No. 1643, § 8, 10-9-2018; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1715, Exh. A, 4-19- 2024; Ord. No. 1705, § 4(Exh. A), 10-10-2023; Ord. No. 1718, § 3(Exhs. B, D), 9-10-2024; Ord. No. 1723, § 3(Exh. B), 3-25-2025)

Proposed development and new land uses within the REI zoning district shall comply with the provisions of this Section.

A.

Minimum Size for Zoning District. The minimum size for this zone shall be 150 acres.

B.

Allowable Land Uses. The uses permitted in this district shall be research and education facilities and associated housing to allow development such as the Buck Center for Research in Aging. The specific permitted uses are as follows, and no uses other than the following are permitted in the district:

Agriculture as defined in Article 6;

Research and development facilities;

Educational facilities;

Laboratories;

Professional offices related to the uses specified by Subsections B.2 through B.4 above;

Residential uses established in conjunction with the uses allowed by Subsections B.2 through B.4 above;

Small retail and/or service commercial uses specifically accessory to and related to the uses permitted in Subsections B.2. through B.4 above;

Day care facilities established in conjunction with the uses allowed by Subsections B.2 through B.4 above; and

Accessory uses normal and incidental to the above uses when specifically sanctioned by written authorization of the Director.

C.

Site Planning and Development Standards. The following provisions apply to all proposed development and new land uses within the REI zoning district:

Agricultural Uses. Agricultural uses shall comply with the following standards:

a.

Minimum Lot Size.

(1)

Minimum lot area: 1 acre.

(2)

Minimum lot width: An average of 150 feet.

(3)

Minimum lot depth: An average of 150 feet.

b.

Minimum Setbacks.

(1)

Front: 30 feet.

(2)

Sides: 20 feet.

(3)

Rear: 30 feet.

c.

Maximum Height. 30 feet.

Other Non-Residential Uses. The following standards apply to research and development facilities, educational facilities, laboratories, and related professional or administrative offices, and to associated retail and service uses, day care facilities, and other allowed accessory uses:

a.

Maximum Floor Area. Projects may be constructed in phases, but the total floor area at final buildout shall not exceed 335,000 square feet. The Director shall determine such additional floor area as is appropriate for permitted small retail and/or service uses, day care facilities, and other allowed accessory uses, which are built in conjunction with allowed research and development facilities, educational facilities, laboratories, and related professional or administrative offices. The floor area allowed by this Subsection C.2.a is in addition to the residential density allowed by Subsection C.3.

b.

Building Height. Building height shall not exceed four stories above finished grade with the exception of roof skylights, mechanical equipment, vents, and atriums. Floors located below finished grade shall not be used in calculating the number of stories allowed.

c.

Parking Requirements. Based on the maximum floor area allowed by Subsection C.2.a, a minimum of 560 parking spaces shall be provided. If less floor area is provided, the minimum number of parking spaces shall be

reduced proportionately.

d.

Tree Preservation and Replacement. Projects in this district shall avoid the removal of trees wherever reasonably feasible and shall reestablish native trees at a ratio of four trees for each tree removed (4:1 tree replacement ratio, with a 2:1 survival ratio at the end of seven years) by the replanting of native tree species or by protecting natural seedings to enable their maturation.

e.

Wetlands Preservation and Replacement. Projects in this district which impact jurisdictional wetlands (as identified by the U.S. Army Corps of Engineers) shall replace such wetland acreage at a three to one ratio (3:1 wetlands replacement ratio, with a 2:1 survival ratio at the end of five years) by creating, expanding, or significantly enhancing other wetlands on site.

f.

Additional Protections for the Natural Environment and for Public Access to Open Space. Projects in this district shall provide such additional protections for and enhancements of the natural environment and of public access to open space as may be required pursuant to following Subsection G.

Residential Uses. The following standards apply to residential uses established in conjunction with the uses described in Subsection C.2 above, and associated allowable day care facilities and accessory uses:

a.

Density. Residential projects may be constructed in phases, but the total density upon final buildout shall not exceed 130 residential units. (The Director or designee shall determine such additional floor area as is appropriate for permitted small retail and/or service uses, day care facilities, and other allowed accessory uses, which are built in conjunction with residential units.) This residential density shall be in addition to the floor area allowed by Subsection C.2.a, above.

b.

Affordability. Based on the maximum residential density allowed by Subsection C.3.a, there shall be a minimum of 128 residential units which are to be occupied by, and affordable to, employees on site with moderate or low income, based on personal salary. If fewer residential units are provided, the minimum number of required affordable units shall be reduced proportionately.

c.

Protections for the Natural Environment and for Public Access to Open Space. Projects in this district shall provide such additional protections for and enhancements of the natural environment and of public access to open space as may be required pursuant to following Subsection G.

d.

Architecture. As required by Division 19.27.

D.

Personnel On-site. The maximum number of employees permitted on a site within this district shall not exceed 550 persons. The maximum number of conference attendees permitted on a site within this district shall not exceed 300 persons.

E.

Research Animals. The use of research animals in this district shall be limited to rodents and orders of animals traditionally classified as lower than rodents.

F.

Building Classifications. Research building occupancies within this district shall not be classified higher than "Group B, Division 2 Occupancy" and "Bio-safety Level 2," or the equivalents.

G.

Consideration of Completed Environmental Review. While this Section is not subject to the California Environmental Quality Act because it was adopted by initiative, it is not the intent of the people of Novato to disregard completed environmental review. Therefore, if a project is proposed for an REI district, and if a lead agency has certified an environmental impact report (EIR) for the project, then substantially the same mitigation measures as those imposed pursuant to the certified EIR shall be legislative requirements for this district.

H.

Relationship to Other Zoning Ordinance Provisions. Because of the regulatory provisions set forth in this Section, property zoned REI shall not be subject to the other provisions of this Zoning Ordinance except as specifically provided by this Section. Any provision of the Municipal Code that conflicts with any provisions of this Section shall not regulate this district.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1705, § 4(Exh. A), 10-10-2023)