Division 19.16 — OVERLAY ZONING DISTRICTS

This Division regulates new and existing structures and land uses in the overlay zoning districts established by Section 19.04.020 (Zoning Districts Established). The provisions of this Division provide guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

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

The provisions of this Division apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. Any perceived conflict between the provisions of this Division and any other provision of this Zoning Ordinance shall be resolved in compliance with Section 19.02.020.D.

A.

Mapping of Overlay Districts. The applicability of any overlay zoning district to a specific site is shown by the overlay Zoning Map symbol established by Section 19.04.020 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map. The overlay districts are applied to property through the rezoning process (Division 19.56).

B.

Allowed Land Uses, Permit Requirements, Development Standards. Except as may be otherwise provided by this Division for a specific overlay district:

Any land use normally allowed in the primary zoning district by this Article may be allowed within an overlay district unless otherwise prohibited by the overlay zone, subject to any additional requirements of the overlay district;

Development and new land uses within an overlay district shall obtain the land use permits required by this Article for the primary zoning district; and

Development and new land uses within an overlay district shall comply with all applicable development standards of the primary zoning district.

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

A.

Purpose. The Baylands Overlay District is intended to:

Preserve and enhance the diversity of wildlife and aquatic habitats found on historic Baylands, including tidal marshes, seasonal marshes, lagoons, natural wetlands, and low lying grasslands overlying the historic Baylands;

Provide opportunities for public access to and enjoyment of former Baylands, and preserve view corridors of the Bay;

Ensure that potential hazards associated with development on Baylands do not endanger public health and safety; and

Maintain opportunities for further restoration of former tidal marshlands.

B.

Applicability. The B overlay zoning district is applied to areas within the historic Baylands, excluding lands that have been legally filled or legally developed. The B overlay district may be combined with any primary zoning district established by Section 19.04.020 (Zoning Districts Established).

C.

Limitation on Residential Density and Building Intensity. Calculation of the number of dwelling units allowed or maximum floor area within the primary zoning district shall be based on only that portion of the lot area that is above the mean high tide line of the bay and exclusive of sensitive habitat areas. Areas that are below the mean high tide line of any bay, inlet, lagoon or channel subject to tidal action, shall not be included in the area of the lot when calculating the allowable floor area or the maximum number of dwelling units allowed.

D.

Permit Requirements. Use Permit approval (Section 19.42.050) shall be required to authorize any proposed development, alterations to land and/or new land use within the B overlay district in addition to the land use permits required by the primary zoning district, except for the routine maintenance of existing facilities.

Constraints Analysis. A constraints analysis shall be independently prepared by qualified experts in compliance with the City's Constraints Analysis Guidebook, for any proposed land use within the Baylands Overlay District. The Constraints Analysis shall ascertain the capability and constraints of land and water areas, including a description and map of the soils, geology, biotic resources, hydrology, and scenic and cultural resources.

The use of a constraints analysis is intended to provide the highest degree of environmental protection while permitting the reasonable development of sensitive land and water areas consistent with goals, objectives and policies of the Novato General Plan.

Habitat Restoration and Management Plan. Any disturbance, development, excavation, fill, alteration, or encroachment within sensitive habitat areas, identified in the Constraints Analysis shall require a Habitat Restoration and Management Plan in conformance with the City's Stream and Management Guidelines.

E.

Development Standards. Proposed development and new land uses within the B overlay district shall be designed and constructed in compliance with the following standards, and with those of Section 19.20.080 (Scenic Resources Protection), where applicable:

Habitat Protection. Development shall avoid or minimize encroachments into sensitive wildlife habitats and shall not limit normal range areas, create barriers which cut off access to food, water or shelter, or cause damage to fisheries or fish habitats. Access to environmentally sensitive marshland and adjacent upland habitat shall be restricted during spawning and nesting seasons, as appropriate.

a.

Buffers Required. Buffer areas shall be provided between development and identified or potential wetland areas based on the following criteria: biological (habitat) significance; sensitivity of habitats or particular species; presence of threatened or endangered species; susceptibility of adjacent site to erosion; topography and configuration of wetland areas; and type and scale of development proposed.

(1)

Built features (e.g., roads and dikes) may be considered as buffers, depending upon the constraints analysis and criteria noted above.

(2)

Buffers between tidal areas and developed uses, except for access and recreation in compliance with Section

(3)

Buffers from other wetland resources shall be established in compliance with Division 19.36 (Wetlands Protection and Restoration) and Division 19.35 (Waterway and Riparian Protection).

b.

Vegetation Removal. Proposed development shall not involve the unnecessary removal of vegetation which stabilizes soils, increases recharge and provides wildlife habitats. Portions which are cleared shall be revegetated with indigenous species of plants where revegetation is deemed to be environmentally desirable. The removal of exotic species that are invasive or otherwise displace native species is encouraged (e.g., pampas grass).

c.

Freshwater Habitats. Freshwater habitats in the Baylands areas associated with freshwater streams, and seasonal wetlands shall be preserved and/or replaced and expanded such that the habitat values and functions are maintained.

Access and Recreation.

a.

Provisions shall be made for recreational development and access to shoreline areas for passive recreational uses, such as fishing, boating, picnicking, hiking and nature study. There should be provisions for both separated wildlife preserves and passive outdoor recreation along the Baylands.

b.

Public access shall be sited and designed to facilitate public use and enjoyment of the Baylands lands, as appropriate. Public areas shall be clearly marked and continuous pedestrian easements from the nearest roads to the shoreline and along the shoreline shall be encouraged. Public access areas shall be designed to

minimize possible conflicts between public and private uses. Walkways should generally be set back at least 10 feet from any proposed structure.

Site Planning and Structure Design.

a.

Visual access to the Baylands and scenic vistas of water and distinct shorelines shall be protected and provided through the land use and development review process. Waterfront development in particular shall be designed for openness and permit optimal views for public enjoyment of the Baylands.

b.

Buildings should be clustered to allow bay views from streets, trails, pathways, and to allow for continuous animal movement corridors from uplands to marshes. Building heights should be minimized to maintain a low profile.

Environmental Quality. Mitigation measures shall be required upon consultation with state, federal, and regional agencies, to eliminate or reduce the adverse environmental impacts of proposed development.

a.

Wetland Protection. Wetland impacts shall be mitigated to maintain habitat values and functions with a minimum replacement ratio of 2:1 in compliance with Section 19.29 (Wetland Protection and Restoration).

b.

Water Quality. Development shall minimize the impact of earth disturbance, erosion, and water pollution. The development of jetties, piers, and outfalls shall not alter the movement patterns of the bay tides and currents so that significant adverse impacts would result.

c.

Diking, Filling, and Dredging. Diking, filling, or dredging in areas subject to tidal action (tidelands subzone) shall be avoided where feasible except to accommodate water dependent uses. In tidal areas, only land uses which are water dependent shall be permitted with a use permit, as consistent with federal, state, and regional policy (ports, water-related industry and utilities, airports, essential water conveyance, wildlife refuge, and water- oriented recreation). Use permits may be granted for emergency or precautionary measures taken in the public interest, e.g., protection from flood or other natural hazard. Provisions shall be made for maintenance of flood control and drainage facilities.

Protection from Hazards. Proposed development shall avoid areas with hazards including differential settlement, slope instability, liquefaction, ground shaking and rupture and other ground failures, tsunami and flooding.

Agricultural Uses. Agricultural activities shall provide buffers from riparian areas, drainage ways, native trees, and wetland and retain natural vegetation. Use of pesticides, insecticides, etc., shall comply with existing federal and state standards as implemented by the Marin County Agricultural Commission.

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

A.

Purpose. The D overlay district is applied to areas covered by the Downtown Novato Specific Plan, to provide standards for development and new land uses that recognize, protect, and enhance the desired character of the downtown area.

B.

Applicability. The D overlay may be combined with any primary zoning district established by Section

Proposed development and new land uses within the D overlay

district shall comply with the requirements of the applicable zoning district in Article 2, and the site planning and general development standards of Article 3, except as otherwise provided by this Section. In the event of any conflict between the other provisions of this Zoning Ordinance and this Section and the Downtown Specific Plan, this Section and the Downtown Specific Plan shall control.

C.

Allowed Land Uses and Permit Requirements. Any land use normally allowed in the primary zoning district may be allowed within the D overlay district, subject to the land use permit required by the primary zoning district, except that multi-family dwellings shall not be allowed on First Street.

D.

Site Planning and Development Standards. Proposed development and new land uses shall comply with the following requirements:

Design Guidelines. Proposed development, facade renovations and new uses shall be designed in compliance with the design guidelines provided by the Downtown Novato Specific Plan. Signs within the D overlay district shall be pedestrian oriented in conformance with the standards set forth in Division 19.32.

Height Limits. The height limit within the D overlay district shall be 35 feet with exceptions as provided in Section 19.20.070 C (3). Within the Downtown Core Business and Retail districts, exceptions to allow up to a maximum of 45 feet for the habitable floor area (excluding the roof design) may be permitted under certain criteria pursuant to Section 19.20.070 C (3).

Landscape Requirements. Development within the D overlay district shall comply with the special landscape requirements of the Downtown Novato Specific Plan in addition to the provisions of Division 19.28 (Landscaping).

Mixed-use Projects. Mixed-use projects shall comply with the provisions of Section 19.34.100 (Mixed-Use Projects).

Street Frontages. Properties within the D overlay district with frontages on both a primary street and a rear alley or accessway shall provide elevations, architectural treatments and signage for the rear frontages as part of the design review for any modifications to the building. The rear frontages shall meet the design standards for the primary street frontage. New development and major renovations shall consider options for pedestrian access to the rear alleys through provision of paseos, interior courtyards or side yard alleys.

Parking. Reduced on-site parking requirements for development within the D overlay district are incorporated into Table 3-7 of Section 19.30.040. Adjustments to parking requirements may include waivers for off-peak uses, shared parking agreements, off-site parking and public parking improvements within the D overlay district in compliance with Section 19.30.050.

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

A.

Purpose and Applicability. The F overlay zoning district is applied to areas within the City prone to flood hazard risks, combined with any primary zoning district as shown on the Zoning Map and by Section 19.04.020 (Zoning Districts Established). The intent is to protect people and property from flood hazard risks by appropriately regulating development and land uses within an F overlay district.

B.

Allowed Land Uses and Development Standards. Any land use normally allowed in the primary zoning district by this Article may be allowed within the F overlay district, except as limited by this subsection. Individual F overlay districts are identified by a suffix appended to the F overlay zoning symbol, which indicates the land uses allowed in each flood overlay district.

F1 District. The F1 overlay is applied to lands within a primary floodway, including water channels and adjacent flood plains. Allowable land uses shall be limited to boat docks, with Use Permit approval.

F2 District. The F2 overlay is applied to lands within a secondary floodway, including the portion of a natural floodway between the limits of the F1 zone and where flood inundation may occur and flood depths and

velocities are low.

a.

Limitations on Use. Levees, dikes, or filling may be allowed in the F2 overlay district where the Review Authority determines this activity is necessary to permit development and the activity will not reduce the ponding capacity in the affected F2 overlay district areas. An exception may be allowed if activities are proposed in a specified encroachment area, or up to a specified percentage of the ponding capacity of each parcel, as shown on the Assessor's records, provided that the remaining area of each parcel is held as a ponding area to absorb the overflow of the primary floodway.

b.

Determination of Allowable Encroachment or Ponding Area. The specified encroachment area or percentage of the ponding capacity allowed within the specific F2 overlay district shall be designated in the ordinance which adopts the overlay district for a specific area, and shall be no greater than that which can be reasonably permitted without increasing flood heights and damage. In addition, prior to engaging in activities on the specified encroachment area or specified percentage of the ponding capacity, an agreement shall be executed between the landowner(s), the City, the Marin County Flood Control District, and the Water Conservation District which shall include the following items:

(1)

The remaining area or percentage of the parcel shall be maintained for ponding and water overflow purposes, except where otherwise allowed by following Subsection B.2.c.

(2)

Lands within any F1 overlay district included in the property shall be dedicated to the City of Novato, Marin County Flood Control District, and the Water Conservation District.

(3)

Drainage improvements which will enable the remaining area or percentage to serve as a ponding and water overflow area shall be constructed by the landowner(s).

(4)

A bond may be required to guarantee performance of the agreement by the landowner.

c.

Criteria for Full Use. Full use of the area of property in the F2 overlay district not designated for encroachment may be permitted provided the area(s) comply with the following requirements:

(1)

Ultimate flood control channel improvements are constructed from and through the parcel or parcels being developed; and

(2)

The ultimate flood control channel section is constructed from the parcel to be developed, downstream to the mouth of the primary floodway.

F3 District. The F3 overlay district is applied to land within a 100-year flood plain.

a.

Limitations on Use. Allowable uses include all those allowed by the primary zoning district.

b.

Study Required. In cases where structures, fences, levees, dikes or filling may increase the depth or velocity of flood on adjacent lands within the flood plain area, an engineering and hydraulic study shall be prepared, and development shall occur only in compliance with Chapter 5 of the Municipal Code. The study shall include potential impacts of proposed development activity within the F3 overlay district and up to and including the 100 year flood zone on the applicant's property and on other property that could potentially be impacted by the project.

c.

General Development Standard. The effect of a proposed use, activity or construction shall not increase the existing risk of flood damage on other lands.

d.

Mitigation Measures. The Review Authority may also include as conditions of approval the requirement of structural measures and financial guarantees by the applicant. In evaluating the adequacy of any proposed structural measures, the City may also require guarantee that these measures and dedication of right-of-way be completed within the time period designated by permit approval.

e.

Development Authorized with Flood Prevention Plan. The City may permit development that may increase flood water depth or velocities in the F3 overlay zoning upon approval of a flood protection plan and written agreement between affected property owners and the City.

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

A.

Purpose. The H overlay zoning district is intended to protect areas and structures identified by the community as historically significant elements that contribute to Novato's cultural, social, economic, political, aesthetic, architectural heritage, identity and character.

B.

Applicability. The H overlay may be combined with any primary zoning district established by Section

C.

Allowed Land Uses. Any land use normally allowed in the primary zoning district by this Article may be allowed within the H overlay district.

D.

Permit Requirements. A proposed development, alteration, new land use, or demolition within the H overlay district shall obtain the land use permits required by the primary zoning district, and shall be subject to Design Review. A request for demolition approval shall include an evaluation of the architectural significance of the structure prepared by a qualified person approved by the City. Design Review is not required:

Where the Director determines that the proposed activity is visually or functionally insignificant; or

Where the Director determines that an imminent safety hazard exists.

E.

Development Standards. Proposed development and new land uses within the H overlay district shall comply with the following development standards, in addition to applicable development standards of the primary zoning district:

Proposed alterations or relocations shall not detrimentally alter, destroy or adversely affect the resource and, where applicable, shall be compatible with the architectural style of the existing structures.

Proposed alterations or relocations shall retain or incorporate the essential elements that make the structure, site, or feature historically significant.

Any new construction shall conform with any applicable design guidelines, shall not adversely affect the character of the district or designated landmarks or historic sites within the district.

Any new construction shall be designed to be visually compatible with existing surroundings. The extent of compatibility shall be evaluated in terms of appropriateness of materials, scale, size, height, placement, and use of new structures in relationship to existing structures and the surrounding setting.

F.

Requirements for Demolition. A Demolition Permit may be issued by the Building Official only after the approval of the demolition in compliance with Section 19.16.060D. Demolition or removal shall be approved only when

the Review Authority first finds that demolition is necessary and appropriate because at least one of the following conditions exist:

The structures, elements within the structure or site are hazardous;

Repairs or stabilization are not physically possible or economically feasible;

The site is required for a public use that will be of greater public benefit than the resource, and there is no feasible alternative location for the public use;

Original building elements will be restored/retained in a new structure; or

The building elements are not deemed historically significant within context of the H District.

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

A.

Purpose. The Affordable Housing Opportunity Overlay District is intended to:

Provide an overlay zoning district to be applied to housing opportunity sites as described in the housing element with an affordable housing/multi-family residential overlay zoning designation (AHO) that may be activated at the time of property development/redevelopment.

Provide for the continuation of legal land uses permitted by the existing underlying zoning of a property until the property is redeveloped for residential uses in accordance with the AHO Overlay District.

Provide a means of achieving the residential housing objectives of the housing element of the general plan, particularly by encouraging new multi-family residential development that includes affordable housing.

Provide incentives for the development of multi-family residential housing that includes affordable housing in a manner which will encourage the development thereof.

B.

Applicability.

The AHO overlay zoning district is applied to properties designated as housing opportunity sites. All provisions of this title applicable to the underlying zoning district shall remain in effect until any property to which this section is applicable is approved for development/redevelopment in compliance with the provisions of the AHO Overlay District. Upon approval of a project in accordance with the AHO Overlay District, all future uses of the property or the portion of the property approved for Multi Family residential development shall comply with the AHO Overlay District regulations. The AHO Overlay district may be combined with any primary zoning district established by Section 19.04.020 (Zoning Districts Established).

Projects complying with the requirements of this Section shall be exempt from the requirements of Division