(A) Additional permitted uses. In addition to the uses that are permitted within the applicable base zone with which the WHO zones are overlaid, additional permitted uses in the WHO zones include multiple dwellings (townhouses, condominiums, and apartments) and mixed use development (residential units above the ground floor or adjacent to commercial, office, or retail uses).
(1) (a) In the WHO-A zone, the minimum density is one housing unit for each 1 ,089 square feet of lot area, which represents a density of 40 units per acre of net land area. The maximum density of 40 units per acre may be increased up to a maximum of 75 units per net acre in exchange for a commitment to make a greater percentage of the total units affordable in accordance with Table 17.126.020-A. If the maximum number of units resulting from this calculation yields a fraction, it shall be rounded down to the nearest whole number.
(b) In the WHO-B zone, the minimum density is one living unit for each 2,178 square feet of lot area, which represents a density of 20 units per acre of net land area. The maximum density of 20 units per acre may be increased up to a maximum of 40 units per net acre in exchange for a commitment to make a greater percentage of the total units affordable in accordance with Table 17.126.020-A. If the maximum number of units resulting from this calculation yields a fraction, it shall be rounded down to the nearest whole number.
(2) As an alternative to developing for-sale affordable units within a residential or mixed use development project, for-sale residential and mixed use development projects may satisfy the requirements of this section by developing rental low-income units included within the residential portion of the development equal to 20 percent of the total number of for-sale and rental units included in the development. The developer may create a separate leqal parcel within the development project upon which the rental low-income units may be located. Also, the developer may, at its discretion. provide very lowincome units instead of low-income units.
WHO-A | WHO-B | ||||
Maximum Density | Minimum % Affordable Units | Maximum Density | Minimum % Affordable Units | ||
Units/acre | For Sale for Moderate Income | Rental for Low Income | Units/acre | For Sale for Moderate Income | Rental for Low Income |
WHO-A | WHO-B | ||||
Maximum Density | Minimum % Affordable Units | Maximum Density | Minimum % Affordable Units | ||
Units/acre | For Sale for Moderate Income | Rental for Low Income | Units/acre | For Sale for Moderate Income | Rental for Low Income |
40 | 20 | 15 | 20 | 20 | 15 |
44 | 21 | 16 | 22 | 21 | 16 |
48 | 22 | 17 | 24 | 22 | 17 |
52 | 23 | 18 | 26 | 23 | 18 |
56 | 24 | 19 | 28 | 24 | 19 |
60 | 25 | 20 | 30 | 25 | 20 |
62 | 26 | 21 | 32 | 26 | 21 |
64 | 27 | 22 | 34 | 27 | 22 |
66 | 28 | 23 | 36 | 28 | 23 |
70 | 29 | 24 | 38 | 29 | 24 |
75 | 30 | 25 | 40 | 30 | 25 |
(3) If a project with at least 60 units per acre is in compliance with the affordability requirements of Table 17.126.020-A, then the developer is eligible for any or all of the following additional incentives provided that, when all incentives are combined, the overall density on the site shall not exceed 90 units per acre prior to the application of any state density bonus:
(a) If a developer includes family units with three or more bedrooms in a mixed use or residential only project, one bonus unit for each family unit provided shall be permitted in addition to the density established in Table 17.126.020-A up to a maximum of ten additional units. These bonus units are not required to be income restricted.
(b) If a developer includes units for statutorily defined special needs populations listed in Cal. Gov. Code § 65583(a)(7) (including the elderly, persons with disabilities (including a developmental disability), large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter), one bonus unit for each special needs unit provided shall be permitted in addition to the density established in Table 17.126.020-A up to a maximum of 10 additional units. These bonus units are not required to be income restricted.
(c) For any unit that is eligible for more than one of the above incentives, the developer shall identify and inform the town under which incentive the bonus unit is beinq requested and, in the case of special needs units, how continued occupancy for those with special needs will be assured, which shall be subject to approval by the Town Attorney.
(4) Income qualifications for affordable units shall be determined in the same manner established for inclusionary units in Chapter 17.140. For moderate, low, very low, or extremely low affordable housing units, deed restrictions or covenants shall be recorded with the Marin County Assessor - Recorder - County Clerk and shall run with the land.
(B) Additional land use regulations for WHO zones.
(1) Residential only projects.
(a) A covered pedestrian entrance, that provides a minimum of three feet of covered weather protection shall be provided in front of exterior entry doors along primary building frontages.
(b) Windows and doors (with windows) shall be provided alonq primary building frontages to achieve a minimum visual transparency of 25 percent of the building frontage to allow for residents to view out and allow for sunlight to come in.
(c) For privacy, building entrances at the ground floor shall be separated from any public sidewalk either horizontally with a courtyard with a minimum dimension of eight feet or vertically with a porch or stoop that is a minimum of 18 inches in height.
(2) Types of mixed use allowed. Where the base zone allows commercial uses, both horizontal and vertical mixed-use development shall be allowed in the WHO zones.
(a) Horizontal mixed use development allows a range of uses adjacent to one another, either in separate buildings or parcels. Individual buildings may share project components, such as parking, serving, loading, and utility areas.
(b) Vertical mixed use allows for a mix of uses within a single building where nonresidential uses occupy the ground floor and residential uses are on the upper levels. A vertical mixed use project may have surface parking, subterranean parking decks, and/or at grade and above grade parking decks.
(3) Minimum amount of residential in a mixed use project. A minimum of 50 percent of the total floor area in a mixed use project shall be devoted to residential use.
(4) Active and pedestrian-oriented frontages required in a mixed-use project. Along the primary building frontage, active ground floor uses are required in mixed use buildings with residential uses above commercial uses for at least 70 percent of street-facing tenant space. These may include but are not limited to retail shops, eating and drinking establishments, retail banks, financial and business services, personal services, and offices for walk-in clientele, such as employment agencies, insurance offices, real estate offices, travel agencies, and offices for elected officials. In a mixed use project with through lots, the primary frontage may be the frontage providing the principal pedestrian access from an adjoining street; it does not have to be the frontage with primary vehicular access.
(Ord. 887, passed 2-7-2024)