19.24 Affordable Housing Requirements.

C.

Allowed Land Uses and Permit Requirements. Any land use normally allowed in the primary zoning district may be allowed on properties to which the AHO overlay district applies, subject to the land use permit required by the primary zoning district. In addition, multi-family residential uses shall be permitted on all or a portion of the site subject to the requirements of Section 19.16.070D-H below.

D.

Permitted and Conditional Uses in the Affordable Housing Opportunity Overlay District. The permitted or conditionally permitted uses as set forth in Table 2-11 are allowed as part of a multi-family residential project, subject to the requirements of Section 19.16.070 E-K.

TABLE 2-11 P  Permitted Use (2) Allowed Uses and Permit Requirements for Affordable UP Use Permit required (3) Housing Opportunity Overlay — Use not allowed District

Land Use (1) Permit Required AHO Specific Use Regulations

AGRICULTURE, RESOURCE & OPEN SPACE USES

Animal Keeping P(2)(3)(4) 19.34.060

Community Garden P(3)

RECREATION, EDUCATION AND ASSEMBLY USES

Community Center UP(3)

RESIDENTIAL USES

Accessory Dwelling Units P 19.34.030

Accessory Residential Uses and P 19.34.032 Structures

Home Occupations P 19.34.080

Multi-family dwellings P 19.16.070F

Single-family dwellings —

RETAIL USES

Accessory retail and service uses P(3) 19.34.034

SERVICE USES

Child/adult day care, 14 or fewer P(3) 19.16.070 F persons

Child /Adult Day Care, 15 or more UP(3) 19.16.070 F persons

Personal Services, accessory UP(3) 19.16.070 F within housing complex

Notes:

(1)

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

(2)

Standards and additional permit requirements determined by Section 19.34.060.

(3)

Use permitted only in conjunction with Multi-family residential project complying with Section 19.16.070F.

(4)

Standard as applicable to R-20.

E.

AHO Overlay District Development Standards. In addition to the Site Planning and General Development Standards set forth in Article 3, the development standards for the AHO Overlay District shall be as shown in Section 19.16.070(I). The AHO Overlay District development standards shall apply to all properties proposed for development or redevelopment pursuant to the AHO overlay as described in Section 19.16.070.

F.

Density of Residential Development/Affordable Housing Requirements. The regulations in this section shall apply to all parcels designated AHO as shown on the adopted City zoning map.

Residential density in the AHO Overlay district shall be zero. However, notwithstanding any other provision of this title relating to density, in the event that a project complies with the requirements of subsection F. 3 through 7 below, the residential density shall be twenty (20) to twenty-three (23) dwelling units per acre as set forth in Housing Element Program 9B.

Nothing in this Section shall effect the application of any density/intensity applicable to the project relating to development pursuant to the underlying zoning district or the provisions of Division 19.25.

Affordability Requirements. Affordability Requirements. All Residential Projects proposed for development pursuant to the provisions of F. 1 above shall include twenty percent (20%) of the units affordable to very low and low income households, subject to the following minimum mix of affordable dwelling units:

a.

Low-income households: ten (10) percent of the total units in the development;

b.

Very low-income households: ten (10) percent of the total units in the development.

Rounding Rules, Fractional Units and Unit Mix.

a.

Determination of AHO base residential density as set forth in Section F.1 above shall be subject to the rounding rules set forth in Section 19.02.020 (c)(1).

b.

If the required number of affordable units pursuant to F.3. above results in a fractional number, the number of affordable units shall be rounded up to the next whole number with the additional unit added as a result of the fraction assigned to the very-low income household category. (eg: 1.45 acre parcel @ 23 units per acre = 33.3 units. Rounded in accordance with 19.02.020 (c) (1) the total number of units shall be 33 units. 20% affordable = 6.6 affordable units rounded to 7 with the mix of affordable units at 4 very low-income and 3 low-income units).

Exceptions. Exceptions from the mix of affordable dwelling units as set forth above may be approved by the Planning Commission and/or City Council based on findings that the exception(s) is necessary to achieve the goals of the housing element.

Continued affordability. Prior to approval of building permits, the applicant shall execute the City's standard affordable housing agreement ensuring the continued affordability of the affordable dwelling units for a period of not less than fifty-five years.

G.

Plan Review. Notwithstanding the provisions of Section 19.42.060, Master Plans and Precise Development Plans shall not be required for multi-family dwelling development projects in the AHO Overlay District. Development of multi-family dwellings in the AHO Overlay District shall be subject to design review approval. A design review application shall be processed concurrently with any other application for development in the AHO Overlay District.

H.

Design Review. Design review approval pursuant to Section 19.42.030 is required for all structures and improvements in the AHO Overlay District. However, neither the design review approval nor the conditions of design review approval shall result in prohibiting or financially impeding the applicant from attaining a residential density of twenty-three units per net acre.

I.

Affordable Housing Opportunity (AHO) Overlay District Development Standards. Multi-family dwellings within the AHO Overlay district shall be designed in compliance with the development standards of Table 2-12.

Table 2-12 Requirement AHO Overlay District Development Feature

Minimum lot size None

Maximum density See, 19.16.070 F

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

Front 20 ft

Sides (each) 6 ft or 10ft (3)(6)

Street side 10 ft or 20 ft (4)(6)

Rear 15 ft or 20 ft (5)(6)

Building coverage (1) 40%

Height limit (2) 35 ft

Architecture As required by Division 19.27.

Landscaping As required for multi - family by Division 19.28 (Landscaping).

Parking As required by Division 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)

10 feet minimum when building height exceeds 20 feet.

(4)

20 feet minimum for a garage using the side street for access, or when building exceeds 20 feet in height.

(5)

20 feet minimum when the rear property line abuts a single family zone.

(6)

Specific development standards for Site 2, APN153-162-59, located off of Landing Ct. as identified in Program 9.B of the Novato Housing Element, as follows:

Front setback: 20-feet for all structures.

Rear setback: 20-feet for all structures.

Side (each) setback: 20-feet for any dwelling unit regardless of height and any structure (not a dwelling unit) over 20 feet in height when abutting a single family residential zoning district.

10-feet for any structure (not a dwelling unit) over 12 feet in height up to 20 feet in height when abutting a single family residential zoning district.

6-feet for any structure (not a dwelling unit) 12-feet in height or lower, where abutting a single family residential zoning district.

10-feet for any dwelling unit or other structure 20 feet in height or greater where not abutting a single family residential zoning district.

6-feet for any dwelling unit or other structure less than 20 feet in height where not abutting a single family residential zoning district.

J.

Open Space Requirements.

Area Required. A multi-family dwelling project in the AHO Overlay shall provide 150 square feet of usable open space per dwelling unit.

Standards for required open space.

a.

The minimum open space area required by this Section shall have no other primary use.

b.

The required open space may be a combination of private open space immediately available to and private for the occupants of each dwelling unit and combined in common areas available to the other residents of the project.

c.

The open space areas may include a deck or balcony having no dimension less than six feet.

d.

Front yard setbacks may be used only as common open space areas, except for allowable deck projections.

K.

Parking and Loading. Parking and loading requirements for Multi-family dwelling projects within the AHO Overlay district shall be as set forth in Section 19.30.050G.

(Ord. No. 1587, § 3(Exh. C), 12-3-2013; Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1676, Exh. A, 3-8- 2022; Ord. No. 1705, § 4(Exh. A), 10-10-2023)