Fairfax City Zoning Code
CHAPTER 17
126: WORKFORCE HOUSING OVERLAY ZONE
§ 17.126.010 PURPOSE AND APPLICABILITY.
(A) Purpose and applicability. The purpose of the Workforce Housing Overlay (WHO) zone is to promote the development of affordable workforce housing for lower and moderate income households in specific areas of the town identified in the General Plan. The WHO contains WHO-A zone and WHO-B zone. The WHO-A zone applies to downtown sites and permits densities of up to 75 dwelling units per acre if specified percentages of affordable housing are provided: the WHO-B applies to sites along Sir Francis Drake Boulevard and permits up to 40 dwelling units per acre if specified percentages of affordable housing are provided. In addition, the approval process for projects in the WHO zones is streamlined, with ministerial approval for qualifying projects with affordable housing using checklists and objective standards as required by state law.
(B) Relation to base zone. The WHO use regulations and development standards only apply to proposed housing and mixed use projects, and these use regulations and development and design standards zones shall apply in the case of a conflict with the commercial zoning district regulations for the base zones.
(Ord. 887, passed 2-7-2024)
§ 17.126.020 PERMITTED USES.
(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)
§ 17.126.030 DEVELOPMENT STANDARDS FOR THE WHO ZONES.
All residential and mixed use development in the WHO zones shall comply with the development standards in Table 17.126-A, the table notes, and the supplemental standards following the table.
Feature | Standard | Additional Regulations | |
WHO-A | WHO-B | ||
Feature | Standard | Additional Regulations | |
WHO-A | WHO-B | ||
Site Requirements | |||
Minimum Site Area (sq. ft.) | 6,000 | 5,000 | |
Minimum Lot Width (ft.) | 75 | 60 | |
Maximum Lot Coverage (%) | None | 75 (Note 1) | |
Maximum Floor Area Ratio (nonresidential uses) | 0.80 | 0.40 | See also § 17.126.020(B)(4) |
Minimum Landscape Coverage (%) | 15 | 15 | See § 17.138.470 |
Building Form and Location | |||
Maximum Building Height | 3 stories, up to 35 feet for residential; 4 stories and up to 45 feet for mixed use | 2 stories, up to 28.5 feet for residential; 3 stories and up to 35 feet for mixed use | Note 2 |
Minimum Ground Floor Ceiling Height | 14 feet nonresidential; 9 feet residential | ||
Minimum Setbacks: | |||
Front | None | 10 feet | Notes 3 and 4 |
Rear | None; 15 feet if adjacent to a residential zone | See also § 17.138.420 | |
Interior Side | 5 feet: 12 feet if adjacent to a residential zone | ||
Street Side | None | 10 feet | Notes 3 and 4 |
Minimum Building Separations | 15 feet | 15 feet | |
Other Requirements | |||
Design standards for multi-family housing | See §§ 17.138.430, 17.138.440, 17.138.450, and 17.138.480. A ten-foot upper-story setback shall not be required above the second level if the floor area of the third level or higher does not exceed the floor area of the level below. This exception does not apply to 17.138.420, which requires setbacks for windows in residential units facing an interior side or rear yard for privacy considerations. | ||
Off-street parking and loading | See Chapter 17.052 and § 17.138.460 | ||
Notes: [1] Applies to mixed use projects only; for 100 percent residential projects located outside of the Town Center Area shown on Figure TC-2 Town Center Land Use Map in the General Plan, the maximum lot coverage shall be 60 percent (see Section 17.010.100 (Determining Lot Coverage). | |||
Notes: [2] Additional height and an additional story is allowed up to 45 feet and four stories in the WHO-A zone and 35 feet and three stories in the WHO-B zone for up to one-half of the floorplate of the story below if the project includes at least 50 percent of the ground-floor building area accommodates commercial uses such as retail, restaurants, or personal services with walk-in clientele. The maximum height for the remainder of the building is 35 feet in the WHO-A zone and 28.5 feet in the WHO-B zone. Enclosures for elevators and stair towers, roof-top equipment screens, roof-top open space amenities, and other vertical components that are located on the roof may project up to ten feet above these height limits provided they are stepped back at least ten feet from the edge of the building. Parking levels are not counted in determining the number of stories on a site. At least 75 percent of the street-facing elevation of a story above 35 feet shall be setback back a minimum of ten feet from the front facade of the stories below that height. [3] A minimum 20-foot setback must be provided for garages and carports facing a street. In the WHO-B, allowable projections into required setbacks are those listed in § 17.044.070. In addition, awnings and canopies may project up to six feet into a required setback, and outdoor seating area shall be allowed in a required setback. [4] Where ground-floor residential units are proposed with adjoining ground-floor decks along a street frontage, a two-foot landscaped front or corner side setback shall be provided between the deck and the street property line. |
(A) Required building walls. Along Sir Francis Drake Boulevard, Bolinas Road, and Broadway, building walls shall be constructed along or within ten feet of the front property line for a minimum of 70 percent of the primary street frontage and 40 percent on secondary street frontages. This requirement may be waived by the Planning Director upon finding that:
(1) Ground-floor residential uses are proposed, a minimum 15-foot setback will be provided, and substantial landscaping will be located between the build-to and ground-floor residential units as a buffer:
(2) Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constructed at the edge of the courtyard, plaza, or outdoor dining area: or
(3) The building incorporates an alternative entrance design that creates a welcoming entry facing the street.
(B) Building entrances.
(1) Principal building entries shall front upon the primary street.
(2) Building entries shall be accented with features such as moldings, lighting, overhangs, canopies, or awnings.
(3) Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.
(C) Required ground floor transparency for non-residential uses. Exterior walls for nonresidential ground-floor uses facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 60 percent of the building wall area between two feet and eight feet above the sidewalk. No street facing wall shall run in a horizontal plane more than 25 feet without an opening.
(1) Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work area, lobbies or other active spaces, and window displays shall be at least three feet in depth.
(2) Parking garages are not required to meet these transparency requirements.
(3) Alternatives to the building transparency requirement may be approved by the Planning Commission for uses that have unique operational requirements making windows or doors infeasible or for street-facing building walls that exhibit architectural relief and detail with landscaping that creates visual interest at the pedestrian level.
(D) Open spaces standards for residential and mixed use projects. The open space requirements of the RM Multiple-Family Residential Zone in § 17.088.050(B) for private areas and common areas shall apply to all proposed residential development and to residential units in mixed use development with the following modifications.
(1) In the WHO-A Zone, the minimum amount of outdoor living area (private or common open space) is reduced to 150 square feet of open space for each dwelling unit, of which at least 36 square feet (60 square feet for ground-level units) shall be private open space serving at least 50 percent of the individual dwelling units.
(2) In the WHO-B Zone, the minimum amount of outdoor living area (private or common open space) is reduced to 200 square feet of open space for each dwelling unit, of which at least 48 square feet (60 square feet for ground-level units) shall be private open space serving at least 50 percent of the individual dwelling units.
(3) Common open space may be provided on rooftops in areas having minimum horizontal dimensions of ten feet. Roof decks located within 12 feet of a residential zoning district shall be setback a minimum of 30 inches from the building edge.
(4) Landscaped areas that are less than ten feet in width and contiguous with and an integral part of the common open space or are connected to the common open space may be counted in determining compliance with the open space standards of this section provided they are at least five feet in width.
(5) The minimum amount of required common open space may be reduced by 20 percent if a site abuts or is within one-quarter mile walking distance of a public park or playing field open to the public.
(6) At least half of the residential units constructed without private open space (a deck or balcony) shall have a balconet (e.g., a Juliet balcony).
(Ord. 887, passed 2-7-2024)
§ 17.126.060 REVIEW PROCEDURES.
(A) Preliminary review. A developer requesting additional density above the minimum density allowed for the site shall submit an application for preliminary review, accompanied by the required application fee, for feedback prior to the submittal of any formal requests for approval of additional density. The purpose of the preliminary review is to determine whether the proposed development is in substantial compliance with applicable zoning regulations and objective development standards and to establish the basis and procedures for granting the additional density. The following information is required to be submitted for preliminary review in the form of a proposed affordable housing plan:
(1) Evidence that the project includes the qualifying percentages of affordable units set forth in § 17.126.020(A) to justify the additional density requested;
(2) Calculations showing the minimum density and the density with the additional units proposed;
(3) Number and percentage of total units that are proposed to meet affordability criteria and the income level to which the units will be restricted; and
(4) A description of any proposed waivers or reductions of development standards or other zoning requirements, consistent with the provisions of Cal. Gov't Code § 65915(k).
(B) Design review required. All residential development or mixed use development with residential units in an WHO zone is subject to design review by the Planning Commission unless a project qualifies for ministerial review under Chapter 17.026; see division (C) below. The purpose of this design review procedure shall be to determine compliance with the town's objective design standards.
(1) Additional findings required for design approval. The Planning Commission shall grant approval if it determines the project complies with the design criteria of § 17.020.040 and the following additional findings:
(a) The proposed development meets the affordability criteria for the requested density in accordance with the requirements of § 17.126.020(A); and
(b) The increased density would not have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of § 65589.5 of the Cal. Gov't Code, upon public health and safety or the physical environment or on any real property listed in the California Register of Historic Resources.
(2) Conditions of approval. In granting a design approval, the Planning Commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable specific plan adopted by the Town Council, and this title are met, including requirements for needed off-site public improvements. The Commission may require reasonable guarantees and evidence that such conditions are being, or will be, met.
(C) Streamlined ministerial review. An applicant that qualifies for streamlined ministerial review under Cal Gov. Code § 65912.122 or other provisions of state law may request such review. Procedures for streamlined ministerial approvals are in Chapter 17.026. The additional Planning Commission findings listed above are not required.
(D) Required affordable housing agreement for continued affordability and deed recorded restriction. Prior to the issuance of a building permit for any residential or mixed use development project with affordable housing units in an WHO zone, the applicant shall enter into a written agreement with the town ensuring the continued affordability of the affordable dwelling units for a period of not less than 55 years or as long as the property is in residential use, whichever is greater, for rental units and 55 years for for-sale units. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded as a deed restriction or covenant in the office of the Marin County Assessor-Recorder-County Clerk and shall run with the land. The agreement shall be executed by the Town Manager, be in a form acceptable to the Town Attorney, and include provisions for the following:
(1) The number and proportion of housing units affordable to moderate-income, low-income, and very-low income households by type, their location, and the number of bedrooms in each one;
(2) Standards for maximum qualifying household incomes and maximum rents or sale prices;
(3) Minimum home buyer payments and sources of funds for them:
(4) The party responsible for certifying rents and sales prices of affordable housing units and reporting this information to the town;
(5) The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;
(6) The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;
(7) Deed restrictions on the affordable housing units binding on property upon sale or transfer and any subsequent sale or transfer;
(8) Enforcement mechanisms to ensure that the affordable rental units are continuously occupied by eligible households and are not rented, leased, sublet, assigned, or otherwise transferred to non-eligible households, with reasonable allowances for inherited units and units initially occupied by very low income individuals who incomes may increase to a low income level; and
(9) Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units.
(Ord. 887, passed 2-7-2024)
§ 17.126.070 ADDITIONAL PARKING REGULATIONS.
An applicant proposing a mixed use development may request modifications to the parking standards for individual uses established in Chapter 17.052 as follows.
(A) Reductions to the required number. An applicant may request, and the Planning Commission may grant a reduction in the amount of required parking for individual uses when one or more of the following conditions exist:
(1) Multiple uses may use joint parking facilities when operations for the respective uses are not normally conducted during the same hours, or when hours of peak use differ. Requests for the use of shared parking must meet the following conditions:
(a) A parking demand study has been prepared which demonstrates that there will be no substantial conflicts between the subject uses with regard to principal hours of operation and periods of peak parking demand.
(b) The total number of parking spaces required for the subject uses does not exceed the number of parking spaces reasonably anticipated to be available at periods of maximum use.
(c) The proposed joint parking facility is not located further than 400 feet from the uses which it serves.
(d) A written agreement by and between the Town of Fairfax and all other affected parties shall be executed and recorded with the county recorder, assuring the availability of the number of parking spaces designated for joint use, during the hours specified in the agreement, for the duration of the uses.
(2) The number of parking spaces required by Chapter 17.052 may be reduced if it can be demonstrated that the use will not utilize the required number of spaces due to the nature of the specific use, or the manner in which the specific use is conducted.
(3) A residential or mixed use development project located within 400 feet of a bus stop may reduce the number of required parking spaces by up to five percent.
(4) When an applicant can demonstrate on the basis of a parking demand study to the satisfaction of the Planning Commission that modifications in the number of spaces or the standards or dimensions otherwise required by this chapter are warranted for affordable housing, an alternative parking area design and loading plan may be allowed with design approval. To grant such modifications, the Planning Commission shall make the following findings in addition to the findings otherwise required for a site approval:
(a) That the applicant qualifies for reduced parking under § 65915 of the Cal. Gov't Code; or
(b) That the applicant has convincingly demonstrated that the alternative plan is a superior solution and the requested modifications in the design and parking area layout standards are warranted to be able to reduce development costs and, as a consequence, provide the required affordable housing for the requested density; and
(c) That the alternative parking arrangement will be in place at all times during operation and life of the principal uses to be served by the parking.
(B) Location and design of parking areas.
(1) Parking spaces for multi-family dwellings shall be located within 150 feet, measured as a straight-line distance from the dwelling unit (front or rear door) for which the space is provided.
(2) For residential development at densities exceeding 20 units per acre, including residential uses in mixed use development, required off-street parking located in the front half of a lot or within 25 feet of the side street on a corner lot shall be covered with a carport, garage or roofed structure. Other spaces may be uncovered if located in the rear half of the lot or site or when more than 25 feet from a side street. On sites with ten or more dwelling units, uncovered spaces are allowed if setback at least 50 feet from a front property line and 25 feet from a street side property line and screened by a wall or landscaping so as not to be visible from a public street.
(Ord. 887, passed 2-7-2024)