Chapter IX - LAND SUBDIVISION#

Sections:#

9-1 - Introduction.#

9-1.002 Citation. This chapter shall be cited as and known as the Subdivision Ordinance of the City of Novato.

(Ord. No. 749, § 7.01.002)

9-1.004 Authority. This chapter is authorized by the Subdivision Map Act of the State of California (Title 7, Division 2 of the Government Code).

(Ord. No. 749, § 7.01.004)

9-1.006 Applicability. The provisions and requirements of this chapter shall apply to all or any portion of any subdivision, land division or lot line adjustment of property entirely or partially within the incorporated limits of the City of Novato. Additionally, it applies to adjacent unincorporated properties where the subdivision, land division or lot line adjustment is proposed as a preannexation procedure as provided for in Section 66454 of the Subdivision Map Act.

(Ord. No. 749, § 7.01.006)

9-1.008 Purpose. This chapter is adopted to:

a. Supplement and implement the Subdivision Map Act of the State of California.

b. Set forth the procedures and requirements applicable to subdivisions, land divisions and lot line adjustments.

c. Insure that the size and configuration of the individual lots or parcels, which result from a subdivision, land division, or lot line adjustment, are adequate for the intended or specified use and are consistent with the requirements of the zoning district affecting the property.

d. Insure that the resulting lots or parcels are served by all necessary utilities.

e. Insure that the necessary improvements are provided and that the design of such improvements is in conformance with the development standards of the City of Novato.

f. Insure that the design layout of the lots, parcels, streets, easements, and other elements of a subdivision or land division are proper and consistent with surrounding development and the Novato General Plan.

g. Insure that reasonable caution is taken to preclude loss or damage to life, property or improvements as a result of a subdivision, land division or lot line adjustment.

h. Insure that the physical modification, of the earth's surface and existing vegetation, which will result from the development proposed by the subdivision, land division or lot line adjustment will not detrimentally alter the character of the city in general or the neighborhood in which the development is to be located.

i. Insure that reasonable access and identification is provided for intended users and emergency and service agencies.

(Ord. No. 749, § 7.01.008)

9-1.010 Related Ordinances. Other ordinances of the city contain provisions which do or may apply to subdivisions, land divisions and lot line adjustments. The following list represents the primary ordinances which have such an effect.

a. The Novato Development Standards Ordinance, codified in Chapter V, sets forth the standards for design and provision of improvements and regulates numerous elements of any development proposal. It also provides a capacity to vary the standard(s) so that it/they can be tailored to the specific character of the individual development provided the basic purpose of the standard(s) is/are met.

b. The Novato Zoning Ordinance, codified in Chapter XIX, sets forth regulations on minimum lot size and on yard requirements which can affect the design of a subdivision, land division or lot line adjustment.

c. The Novato Encroachment Ordinance, codified in Chapter XV, sets forth procedures and requirements for permitting and controlling work within existing city streets, drainage ways and public parcels.

d. The Novato Underground Ordinance, codified in Chapter XII, sets forth the requirements for the undergrounding of utilities.

e. The Novato Tree Removal Ordinance, codified in Chapter XVII, regulates the removal or trimming of existing trees.

f. Standard Specifications and the Uniform Construction Standards of the Cities of Marian and the County of Marin, codified in Chapter IV, sets forth detailed construction standards and specifications for public improvements.

g. The Novato Residential Development Tax Ordinance codified in Chapter XVI, sets forth a tax on new residential units based on bedroom count.

h. The Novato Grading Ordinance, codified in Chapter VI, regulates grading, erosion control, hauling of graded material and maintenance of drainage.

(Ord. No. 749, § 7.01.010)

9-1.012 Consistency. No land shall be subdivided and developed for any purpose which is inconsistent with the Novato General Plan or any applicable specific plan of the city or which is not permitted by the Novato Municipal Code. The type and intensity of land use as shown on the Novato General Plan and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and the Novato Municipal Code, the type of streets, roads, highways, utilities, and other improvements that shall be provided by the subdivider.

(Ord. No. 1128, § 1)

9-3 - Administration.#

9-3.002 Responsibility and Authority.

a. Community Development Director.

1. The community development director is responsible for: stamping all subdivision applications as to date and time received; determining the acceptability of the application as complete; the expeditious processing of such applications, including prompt referral to other affected departments, agencies and utility companies, both public and private; the reporting of any official action to the subdivider; and for verifying that the final map is in conformance with the approved tentative map.

2. The community development director is the advisory agency with respect to tentative maps for which a parcel map is required and lot line adjustments and is authorized to review and act upon all tentative maps for which a parcel map is required and lot line adjustment applications in accordance with the provisions of this chapter.

b. City Engineer. The city engineer shall determine that the proposed public and private improvements are consistent with the appropriate regulations and shall be responsible for supervision and approval of design and construction of all such improvements. The city engineer shall check the technical accuracy of final maps and parcel maps. The city engineer is authorized to accept or reject dedications, easements or parcels which are offered to the public on parcel maps.

c. Planning Commission—Advisory Agency. The Novato planning commission shall act as the advisory agency to the city council with respect to tentative map requiring a final map as provided in the Subdivision Map Act. The planning commission shall make investigations and reports on the design and improvements of proposed tentative maps for which a final map is required and the conformance of such subdivisions with the Novato General Plan, this chapter, and the Subdivision Map Act.

The planning commission shall have all the powers and duties with respect to tentative maps for which a final map is required and the procedures relating thereto which are specified by law and by this chapter. The planning commission has authority to prescribe the design, kind, nature, and extent of dedications and improvements required to be installed in subdivisions for which a final map is required.

d. City Council. The city council of the City of Novato has final jurisdiction on the approval of final subdivision maps, the establishment of standards of design and improvements, the establishment of fees for processing and checking maps and plans, and the acceptance or rejection of streets, easements, and parcels offered for dedication.

(Ord. No. 749, § 7.03.002; Ord. No. 989, § 1; Ord. No. 1128, §§ 2, 3)

9-3.004 Application.

a. In order to subdivide land in accordance with this chapter, an application must be filed with the department of community development. Such application must consist of:

1. A completed application on a standard form available from the Novato department of community development signed by the owner of the property, and a purchaser under a purchase agreement/contract of sale, if applicable, or a person with the written authority of the above.

2. Tentative maps in the form and in the quantity specified in section 9-7;

3. The required application fee as established by resolution of the city council.

(Ord. No. 749, § 7.03.004; Ord. No. 938, § 1; Ord. No. 989, § 1)

9-3.006 Public Notification. Notification of actions to be taken in accordance with this chapter shall be given in the following manner:

a. Whenever a public hearing is held pursuant to this chapter, notice shall be provided pursuant to subsection 19.58 of the Novato Municipal Code.

b. Any report or recommendation on a tentative map by the city staff to the advisory agency or legislative body shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three working days prior to any hearing or action on such map.

c. In case of a proposed conversion of residential real property including a mobile home park to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given as provided by section 66452.3 of the State Government Code (Subdivision Map Act).

(Ord. No. 749, § 7.03.006; Ord. No. 938, § 2; Ord. No. 1128, § 4; Ord. No. 1441 § 2(C))

9-3.008 Fees.

a. Filing Fees. Community development department filing fees required with applications for action under this chapter, or for appeals of such action, shall be as specified by resolution of the city council. A copy of that fee schedule is available from the Novato department of community development.

b. Processing Fees. Final map checking fees, parcel map checking fees, improvement plan checking fees, and grading plan checking fees required by the City of Novato department of community development shall be paid as specified by resolution of the city council. All street improvements and storm drainage facilities, whether public or private, shall be subject to improvement plan checking fees. A copy of the processing fee schedule is available from the Novato department of community development.

c. Inspection Fees. Inspection fees shall be as set forth in the Grading Ordinance and Encroachment Ordinance and shall be as specified by resolution of the city council. All street improvements and storm drainage facilities, whether public or private, shall be inspected and fees shall be paid for such inspection. A copy of the inspection fee schedule is available from the Novato department of community development.

(Ord. No. 749, § 7.03.008; Ord. No. 989, § 1)

d. Administrative and Legal Fees. Subdivider, at the time of execution of an improvement agreement, shall deposit with the city, cash, in an amount to be specified by city council resolution for administrative and legal costs incurred in enforcing the improvement agreement, prior to the city authorizing litigation against the subdivider and/or the subdivider's surety. This provision shall apply, notwithstanding a reversion to acreage of the subject property. Upon final acceptance of the improvements, the unused portion of the deposit will be returned to the subdivider. Because the city has, on several occasions, incurred substantial administrative and attorney's costs to have subdividers and sureties perform their obligations under subdivision improvement agreements and faithful performance security instruments, short of commencing litigation, an administrative and legal fee deposit is required.

(Ord. No. 749, § 7.03.008; Ord. No. 989, § 1; Ord. No. 1059, § 1)

9-3.010 Appeals.

a. General.

Any interested party may appeal an action of the review authority, with respect to a land division or tentative map to the city council. Any such appeal shall be submitted and reviewed in compliance with Section 19.54 of the Novato Municipal Code. Upon the filing of such an appeal, the city clerk shall set the matter for hearing. Such hearing shall be held within 30 days after the date of filing the appeal. The city council shall render its decision on the appeal within ten days following the conclusion of the hearing.

b. Statement of Basis of Appeal. Any appeal or complaint filed shall state the reasons and/or specifications of the appeal or complaint.

c. Notice of Hearing.

1. Noticing of appeal hearings shall be as specified in section 9-3.006.

(Ord. No. 749, § 7.03.010; Ord. No. 938, § 3; Ord. No. 967, § 1; Ord. 1441 § 2(C))

9-3.012 Compliance. It shall be unlawful for any person to divide any parcel of land without first complying with this subdivision ordinance of the city and the Subdivision Map Act of the State of California.

(Ord. No. 749, § 7.03.012)

9-3.014 Voidability of Deeds or Contracts. Any deed of conveyance, lease, sale, or contract to sell made in violation of this chapter is voidable to the extent and in the manner provided in Section 66499.32 of the Government Code.

(Ord. No. 749, § 7.03.014)

9-3.016 Penalties. Any offer to sell, contract of sale, or deed of conveyance made contrary to provisions of this chapter is a misdemeanor, and any person, firm, or corporation, upon conviction thereof, shall be punishable by a fine of not more than one thousand ($1,000.00) dollars or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. No. 749, § 7.03.016)

9-5 - Definitions.#

9-5.002 General. As used in this chapter, the following words or terms shall have the meaning set forth in this section. All definitions provided in the Subdivision Map Act and not set forth in this section shall also be applicable to this chapter and said definitions are hereby incorporated by this reference as though fully set forth herein.

9-5.003 Words or Terms Beginning with "A".

"Advisory Agency" shall mean:

1. Subdivisions (five or more lots). The Novato Planning Commission shall constitute the "advisory agency" for tentative maps.

2. Land divisions (four or fewer lots). The community development director shall constitute the "advisory agency" for land divisions.

"Archaeologic Site" shall mean prehistoric cultural soil and/or artifacts. The term includes Indian middens.

(Ord. No. 749, § 7.05.003; Ord. No. 989, § 1)

9-5.004 Words or Terms Beginning with "B".

Reserved.

9-5.005 Words or Terms Beginning with "C".

"Certificate of Compliance" shall mean a document which identifies real property and states that the division thereof complies with applicable provisions of the Subdivision Map Act and local ordinances.

"City" shall mean the City of Novato, Marin County, California.

"City Engineer" shall mean the city engineer of the City of Novato or his authorized representative.

"Community Apartment" shall mean a development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.

"Community Development Director" shall mean the director of the City of Novato, department of community development or his authorized representative.

"Conditional Certificate of Compliance" shall mean a document which identifies real property, states that it does not comply with the applicable provisions of the Subdivision Map Act or local ordinances and describes those conditions which must be met for a certificate of compliance to be granted.

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. (As defined in Civil Code Section 783.) Condominium as used herein, includes "community apartment" and "stock cooperative".

"Condominium Conversion" shall mean the development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures.

"Condominium Project" shall mean the entire parcel of real property, including all structures hereon, to be divided into two or more units for the purpose of constructing or converting existing structures to condominium units.

"Critically Expansive Soils or Other Soils' Problems" shall mean soil conditions which can cause damage to improvements, including streets, structures and buildings.

(Ord. No. 749, § 7.05.005; Ord. No. 867, § 1; Ord. No. 989, § 1; Ord. No. 1379, § 1)

9-5.006 Words or Terms Beginning with "D".

"Department of Community Development" shall mean the department of city government comprised of engineering, building inspection, planning, and maintenance divisions.

(Ord. No. 989, § 1)

9-5.007 Words or Terms Beginning with "E".

"EIR" shall mean environmental impact report.

"Engineer" shall mean a civil engineer licensed by the State of California responsible for the preparation of maps and improvement plans hereinafter required for the purpose of subdividing land.

(Ord. No. 749, § 7.05.007)

9-5.008 Words or Terms Beginning with "F".

Reserved.

9-5.009 Words or Terms Beginning with "G".

"General Plan" shall mean the general plan of the City of Novato and any amendment or revision thereto.

(Ord. No. 749, § 7.05.009)

9-5.010 Words or Terms Beginning with "H".

"Historic Landmark" shall mean a place including buildings or structures which has been officially listed as an historic landmark on the Federal or State registry of historic landmarks.

(Ord. No. 749, § 7.05.010)

9-5.011 Words or Terms Beginning with "I".

"Improvement Plan" shall mean an engineering plan, submitted by a civil engineer, showing location and construction details of all improvements required or intended for the subdivision.

"Improvements" shall mean street work, utilities, and other facilities including but not limited to: landscaping; pedestrian, equestrian and bike ways; retaining walls; steps; ramps; curbing; parking areas; etc., required to be installed or approved to be installed by the subdivider and used for public or private purposes.

(Ord. No. 749, § 7.05.011)

9-5.012 Words or Terms Beginning with "J".

Reserved.

9-5.013 Words or Terms Beginning with "K".

Reserved.

9-5.014 Words or Terms Beginning with "L".

"Land Division" shall mean the subdivision of property which results in four or fewer lots and includes lot line adjustments where no new lots are created.

"Land Division Committee" - See subsection 9-3.002c.

"Licensed Land Surveyor" shall mean any person licensed under the State of California Business and Professions Code to do land surveying.

"Lot" shall mean a single unsubdivided area of land whose boundaries have been sanctioned through the applicable subdivision process such that it has been developed or is developable as a single independent site.

"Lot Line Adjustment" shall mean the alteration of property lines without the creation of new lot or parcel.

(Ord. No. 749, § 7.05.014)

9-5.015 Words or Terms Beginning with "M".

"Merger" - See definition of subdivision.

(Ord. No. 867, § 2)

9-5.016 Words or Terms Beginning with "N".

Reserved.

9-5.017 Words or Terms Beginning with "O".

"Open Space" shall mean land used for the preservation of natural resources, the managed production of resources, outdoor recreation, or public health and safety as defined in Section 65560 of the California Government Code.

"Owner" shall mean a person with sufficient interest in the property proposed for subdivision or development through fee title, power of attorney, or trusteeship to commit the property for sale, lease, financing or use.

(Ord. No. 749, § 7.05.019; Ord. No. 867, § 3)

9-5.018 Words or Terms Beginning with "P".

"Parcel" shall mean a specific area of land or space as in condominium, identified through the Marin County assessor's office as a separate unit for tax purposes. A parcel is not necessarily an independently developable lot or site.

"Parcel Map" shall mean a map prepared in accordance with the provisions of this division and the Subdivision Map Act for a land division which map is prepared for filing in office of the recorder of Marin County.

"Planning Commission" shall mean the City of Novato planning commission.

(Ord. No. 749, § 7.05.018; Ord. No. 989, § 1)

9-5.019 Words or Terms Beginning with "Q".

Reserved.

9-5.020 Words or Terms Beginning with "R".

"Record of Survey" shall mean a map, prepared by a registered civil engineer or licensed land surveyor, for recording by the recorder of Marin County, depicting a field survey of land in conformance with Section 8763 and Section 8764 of the State of California Land Surveyor's Act.

"Reversion to Acreage" shall mean the process whereby undesired and unnecessary property lines, easements, and other mapped or recorded elements are removed from property by recording of a map prepared in accordance with the provisions of this chapter for the purpose of reverting subdivided land to acreage.

(Ord. No. 749, § 7.05.020; Ord. 867, § 4)

9-5.021 Words or Terms Beginning with "S".

"Safety Hazard" shall mean a condition or conditions affecting land or property which pose potential for physical damage to property or improvements and indirect potential for personal injury or loss of life which cannot be resolved consistent with the general plan or applicable specific plans.

"Soil Report" shall mean an investigation and analysis of the geology and soils of the proposed development. Such report shall be prepared by a registered civil engineer who specializes in soil engineering. The report shall contain recommendations for proposed grading, subsurface drainage, building foundation, retaining walls, street design and all corrective and preventive work necessary to minimize or eliminate hazards related to soils and geology.

"Stock Cooperative" shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by

9-5.022 Words or Terms Beginning with "T"#

"Tentative Map" shall mean and refer to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based on an accurate or detailed final survey of the property.

(Ord. No. 867, § 7)

9-5.023 Words or Terms Beginning with "U"#

"Urban Lot Split" shall mean a subdivision involving the division of an existing legal parcel in a single-family residential zone into no more than two parcels, as described in California Government Code section 66411.7, as may be amended or renumbered from time to time.

(Ord. No. 1725, § 5(Exh. A), 7-22-2025)

9-5.024 Words or Terms Beginning with "V"#

Reserved.

9-5.025 Words or Terms Beginning with "W", "X", "Y", "Z"#

Reserved.

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9-7 Tentative Maps#

9-7.002 Tentative Map for Which a Final Map is Required — Requirements#

a. Submittal Required#

A tentative and final map shall be required for all subdivisions creating five or more parcels or five or more condominiums except where:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subparagraphs 1, 2, 3, and 4, except if waived pursuant to subsection 9-11.002b. The findings required by subsection 9-7.002e2 and subsection 9-7.004d shall be made for the approval of such parcel map for which a tentative map was not required.

5. The proposal is exempt pursuant to Sections 66412(a), (b), (c), (e), (f), (g), (h), and 66412.1 of the Subdivision Map Act.

b. Tentative Map Requirements#

The tentative map shall be clearly and legibly drawn and shall contain all of the following information, unless the community development director specifically authorizes in writing the exclusion of such submittal information:

1. General Notes Shown on Tentative Map#

(a) The subdivision name as selected by the subdivider.

(b) Names and addresses for:

(i) Legal owner of property.

(ii) Subdivider.

(iii) Land surveyor or civil engineer who submitted the map.

(c) Assessor's parcel number.

(d) Project acreage.

(e) Existing designations on the land use plan of the Novato General Plan including allowed density or intensity of use as modified by any adopted slope density standards.

(f) Existing use or uses of property.

(g) A description of the proposed subdivision.

(h) Source of water supply.

(i) The method of sewage disposal proposed.

(j) Other improvements proposed.

(k) A description of how the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. (May be provided on separate sheet).

(l) A description of how the subdivision will affect the housing needs of the region and how this has been balanced against public service needs of the residents of Novato and available fiscal and environmental resources. (May be provided on separate sheet).

(m) If the subdivision is to be developed in increments, a statement to that effect may be included.

2. Topographical Contour Map#

A topographical contour map showing accurately the existing terrain within the subdivision, existing drainage channels, roads, culverts, overhead and underground utility lines which may affect the design of the subdivision, wells and springs, major structures, irrigation ditches, utility poles and other improvements in their correct location.

Elevations shall be referenced to current National Geodetic Survey data. The map shall be drawn to an engineer's scale large enough to show all information clearly, but not smaller than 100 feet to the inch. Contour intervals shall not be greater than five feet or at such intervals that the contour lines will not be spread more than 150 feet apart (ground distance). The map shall show:

(a) Map(s) showing area(s) of property which is affected by geologic conditions posing potential safety hazard(s) and areas subject to inundation or ponding.

(b) The edges of pavements of existing paved roads, driveways, and travelways within the public rights-of-way and easements or within private rights-of-way and easements.

(c) Location of existing property lines and approximate boundaries of existing easements within the subdivision with the names of the owners of record of easements, exclusions, the properties abutting subdivision.

(d) The proposed lot and street layout with scaled dimensions and area of each lot.

(e) The location of all proposed public easements.

(f) Street names, widths of streets, whether public or private, and easements, approximate street grades and radii of curves along property lines of each street.

(g) Typical geometric sections for streets showing pavement widths, curbs, sidewalks, grading and marginal strips, slopes of cuts and fills, and other construction proposed.

(h) Dedications for public purposes. Reservations and proposed disposition of all parcels and easements.

(i) Location, approximate grade, direction of flow, and type of existing and proposed storm drainage channels and storm drains.

(j) Location, alignment, and tops and bottoms of all banks of all natural drainage ways.

(k) Location of all existing and proposed utilities necessary to serve the subdivision.

(l) A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relationship to community development.

(m) A north arrow, scale, and contour interval.

(n) Boundary lines of existing land use zones. If more than one zoning exists on the property they shall be delineated.

(o) Statement or plan as to proposals for draining the area subject to flooding or inundation by waters flowing into or from the subdivision.

(p) Preliminary grading plan.

(q) A map showing areas of property where evidence of known or possible archaeological site(s) is discerned.

(r) Map and statement indicating and describing any historical landmark.

(s) The net lot areas excluding access easements shall be calculated and shown on all maps.

(t) Species, trunk, diameter, and drip line of all trees six inches or more in trunk diameter (30 inches or more in circumference) measured 24 inches above ground level.

(u) Location of existing structures and notation whether they are to remain or be removed.

3. Data to Accompany Tentative Map#

The tentative map shall be accompanied by all of the following data, unless the community development director specifically authorizes, in writing, the exclusion of such data. This information shall be submitted at the time the map is filed with the department of community development.

(a) Two copies of a statement of a site reconnaissance by an engineer regarding slide conditions, existing or anticipated; geologic features; topography; soil conditions within or immediately adjoining the proposed development and their effect on the design of the proposed subdivision.

(b) When a tentative map is filed on an area which is part of a larger single ownership which may be subdivided in the future, the department of community development may require a sketch showing the proposed future development.

(c) A list of assessor's parcel numbers of parcels wholly or partially within 300 feet of the exterior boundaries of the subject property or the closest six property owners, whichever is greater on a form provided by the department of community development, and the required fee for the preparation of mailing labels. The list must be keyed to an accompanying "parcel map," drawing at a scale of one inch = 100 feet or less or as approved by the department of community development staff. The subject property shall be outlined in red, and a continuous red line at a distance of 300 feet from the edge of the subject property should be delineated.

(d) If the tentative map involves the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks.

(e) If the tentative map proposes a residential condominium, condominium conversion, or undivided interest in common areas, a description of how the requirements of subsection 5-13.008a are met shall be included.

(f) If the tentative map proposes the use of a private sewage disposal system, the information required by section 5-37.008 shall be included.

(g) If the project is in a high fire hazard area as shown on Map 3-2 of the Novato General Plan, then a fire management plan shall be included which describes the terrain, vegetation, fire service, access, and water availability and proposes methods to reduce fire hazards.

(h) Information shall be submitted as required by the department of community development to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act.

4. Waiver of Submittal Requirements for Certain Condominium Projects#

If the tentative map proposes a condominium project consisting of the subdivision of airspace in an existing building or buildings and no new structures are proposed, the following submittal requirements shall be waived: 9-7.002b1(k); 9-7.002b2(a), (q), (r), (s), (t), and (u), and 9-7.002b3(a).

c. Filing#

1. Prefiling Conference#

Prior to the filing of a tentative map, the subdivider may submit to the department of community development maps, plans and other information concerning a proposed or contemplated development. The department of community development shall then schedule a conference with the subdivider regarding such plans or other data. All agencies which would normally receive notice of a subdivision of the subject property shall be advised of the prefiling conference and be invited to attend. This conference is an optional procedure which may be elected by the subdivider and is not required by this chapter. A subdivider may elect to omit the prefiling conference and may commence the subdivision by submitting an application and required submission material as outlined in subsection 9-7.002b above.

2. General#

(a) Submittal. A subdivision application is considered submitted when the application form is signed and dated on the received line by a member of the department of community development staff. This shall occur when the following information is submitted: a signed application form, the required filing fee, 20 copies of the map (folded to no larger than 9″ × 12″) and the submission information required by this chapter. (Additional copies may be required when numerous responsible agencies are involved.)

(b) Acceptance.

(1) The department of community development staff, within 30 calendar days of the date on which the application was received, shall examine the submittal to determine whether or not it is sufficiently complete for acceptance to begin processing. If the submittal is not sufficiently complete to begin processing, the applicant shall be notified of that fact within 30 days of receipt of the application and shall be advised as to what information or action is necessary to put the submittal into an acceptable condition.

An application shall not be accepted as complete as referred to in section 9-7.002 paragraph f.1 regarding time limits, until environmental clearance has been secured in the form of an exemption, a negative declaration, or a certified EIR. In the case of a negative declaration, the application shall not be accepted as complete until the appeal period has lapsed, or, if an appeal is filed, until a decision on the appeal has been made. An application will not be accepted as complete unless it is consistent with the land use designation on the land use element map of the general plan and the zoning requirements for the property.

(2) A subdivision application is considered accepted and filed pursuant to Government Code Section 66452 when the accepted line on the application form is dated and signed by a member of the Novato planning staff. Such an endorsement means that the submission is sufficiently complete and that the time period for action referred to in section 9-7.002 paragraph f.1 has begun.

d. Referral to Interested Agencies#

The department of community development, within two working days after accepting the application, shall forward copies to the city engineer, the health officer, flood control district, building inspection department, the chief engineer of the sanitary district that the subdivision lies within, the chief of the local fire district, the serving school district, the utility companies serving the area, the State Highway Department, and other interested agencies, such as the Bay Area Rapid Transit District, the United States Army Corps of Engineers, the State Reclamation Board, etc., as the department of community development determines that such agencies should be notified. Each of the agencies so notified shall, within fifteen working days (serving school district is allowed 20 days) after the map has been mailed to them, reply to the department of community development its findings and recommendations with respect to such tentative map.

e. Action by Planning Commission#

1. Approval of the Map#

The planning commission shall approve, conditionally approve or deny the tentative map within 50 calendar days after the acceptance of the tentative map by the planning staff, unless such time is extended by mutual consent of the subdivider and the planning commission, except that the planning commission shall act within 45 days after certification of the environmental impact report on a tentative map for which an environmental impact report was prepared and act on a stock cooperative within 120 calendar days after acceptance.

The planning commission shall consider the written reports of the public agencies, departments and such companies and take into account the requirements of such agencies and departments at the time of approval or conditional approval of tentative maps. The action of the planning commission shall be reported to the subdivider, the department of community development, and other such agencies as may be deemed appropriate. In the event the map is disapproved, such report shall set forth the basis of the planning commission action.

2. Required Findings for an Approval Action#

The planning commission or, on appeal, the city council shall not approve a tentative map; or the city engineer shall not approve a parcel map for which a tentative map was not required unless all of the following findings are made:

(a) That the proposed subdivision, together with the provisions for its design and improvement is consistent with the Novato general plan and any specific plans.

(b) The proposal is consistent with the Zoning Ordinance and any master plan or precise development plan adopted pursuant thereto.

(c) The effect of the approval on the housing needs of the region has been considered and balanced against the public service needs of the residents of Novato and available fiscal and environmental resources.

(d) The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.

(1) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

(2) The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when on new structures are added.

(3) For the purposes of this section, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(e) If the subdivision will be created from the conversion of a mobile home park to another use, the approving body shall make the findings required by Section 66427.4 of the Subdivision Map Act.

(f) The required construction is a necessary prerequisite to the orderly development of the surrounding area. (This finding is required only for tentative maps where a parcel map is required).

3. Findings Which Require a Denial Action#

The planning commission or, on appeal, the city council, shall deny any tentative map; or the city engineer shall deny any parcel map for which a tentative map was not required if any of the following findings are made:

(a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Government Code.

(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c) That the site is not physically suitable for the type of development.

(d) That the site is not physically suitable for the proposed density of development.

(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(f) That the design of the subdivision or the type of improvement is likely to cause serious public health problems.

(g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to one previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(h) That the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use, as specified in Section 66474.4 of the Subdivision Map Act.

(i) Notwithstanding subsection e,3(e) above, the city may approve a tentative map, or a parcel map for which a tentative map was not required, if the appropriate findings are made under Section 21081(c) of the Public Resources Code.

4. Findings Which Permit a Denial Action#

The planning commission or, on appeal, the city council shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements of the Bay Area Regional Water Quality Control Board. If it is determined that violation would result, the tentative map may be denied.

5. Conditions of Approval#

The planning commission may establish conditions of approval at the time the tentative map is approved. Such conditions may relate to subdivision design, lot areas, grading,

9-7.004 Tentative Map for Which a Parcel Map is Required—Requirements.#

a. Submittal Required.#

Unless waived in accordance with subsection 9-11.002, a tentative and parcel map shall be required for subdividing land into four or fewer lots except where exempt as provided in subsection 9-7.002a.

b.#

The community development director shall act upon tentative maps for which parcel maps are required in the manner and with the responsibilities exercised by the planning commission for tentative maps for which final maps are required. The community development director may defer action on the application and refer the matter to the planning commission for review and decision at a public hearing.

c.#

The tentative map shall conform to the requirements of subsection 9-7.002 of this chapter for tentative maps for which final maps are required with the exception that when references in subsection 9-7.002 are to the planning commission, the community development director shall be substituted.

d.#

Where on-site and off-site improvements are imposed as a condition of approval of a tentative map for which a parcel map is required, the fulfillment of those conditions shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City of Novato, except that the city may require earlier fulfillment of such conditions if the city finds that such improvements are necessary for reasons of:

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

e.#

Appeals. See subsection 9-3.010.

f.#

Fees. See subsection 9-3.008.

g.#

Expirations and extensions of tentative maps for which parcel maps are required shall be as set forth in subsection 9-7.002 paragraph f., except that the extension shall be approved or denied by the community development director.

(Ord. No. 749, § 7.07.004; Ord. No. 867, § 13; Ord. No. 938, § 13; Ord. No. 989, § 1; Ord. No. 1059, § 9; Ord. No. 1128, § 13; Ord. 1441 § 2(C))

9-7.005 Tentative Maps for Which a Final Map or Parcel Map Is Required in Areas Designated as Rural Areas and Streets Pursuant to Subsection 5-45.008c.#

a. Submittal Required.#

In locations designated as rural areas and streets pursuant to subsection 5-45.008c, tentative maps, when required, shall be submitted and acted upon in conformance with the requirements of subsections 9-7.002 and 9-7.004 except as provided for in paragraph b. below.

b.#

All tentative maps pertaining to land located within or adjacent to streets or areas designated as rural in accordance with subsection 5-45.008c. shall be acted upon by the planning commission with a recommendation to the city council for final action.

(Ord. No. 1313, § 2)

9-7.006 Lot Line Adjustment Application Maps.#

a. Application Maps Required for Lot Line Adjustments.#

Application maps for lot line adjustments in the number required must be submitted to the community development director. Application maps for the lot line adjustments need not be prepared by a licensed land surveyor or registered civil engineer.

b. Application Maps for Lot Line Adjustments — Form and Content.#

The following information must be submitted unless exclusions are specifically authorized in writing by the community development director.

1. The map shall be legibly drawn to a convenient engineer's scale.

2. The map shall be 8 ½ inches by 14 inches (8 ½″ × 14″).

3. All properties involved must be legally identified and the names of all property owners must be shown.

4. The proposed adjusted lot line shall be distinctly shown.

5. All structures, improvements, drainage facilities, utilities, dedications, rights-of-way and easements within 20 feet of the proposed adjusted lot line shall be shown.

6. The map scale and a north arrow shall be shown.

7. The zoning for each property involved shall be shown.

c. Referral to Interested Agencies.#

Application maps for lot line adjustments shall be referred to such departments and agencies as the community development director deems appropriate. Such departments and agencies shall be allowed 15 days to respond with recommendations and comment, from the date of distribution to such departments and agencies.

d. Filing.#

The specifications and requirements for filing tentative subdivision maps, as set forth in subsection 9-7.002c., also apply to lot line adjustment application maps.

e. Action by the Community Development Director.#

1. Within 30 calendar days after acceptance of a complete application for a lot line adjustment map, the community development director shall act to approve, conditionally approve or deny the application. The community development director shall consider the written reports of other departments and agencies. The community development director may defer action on the application and refer the matter to the planning commission for review and decision at a public hearing.

2. Conditions of approval may be imposed in accordance with subsection 9-7.002f,5. of this chapter. The community development director shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to local zoning and building ordinances or except to facilitate the relocation of existing utilities, infrastructures, or easements.

f. Expiration and Extensions of Lot Line Adjustment Application Maps.#

Lot line adjustment application maps are subject to the expiration and extension provisions contained in subsection 9-7.002f.

g. Fees.#

Fees for lot line adjustments shall be in accordance with subsection 9-3.008.

h. Appeals.#

Appeals to actions for lot line adjustments shall conform to subsection 9-3.010.

(Ord. No. 749, § 7.07.006; Ord. No. 867, § 14; Ord. No. 989, § 1; Ord. No. 1059, § 11; Ord. No. 1128, § 14; Ord. 1441 § 2(C))

9-8 - Urban Lot Splits.#

This section provides the definitions, permit requirements, processing procedures, and standards for urban lot splits proposed in compliance with California Government Code section 66411.7.

a. Purpose and Applicability.#

It is the intent of these regulations to support urban lot splits to accommodate the construction of SB 9 dwelling units on parcels zoned rural residential (RR), very low density residential (RVL), low density residential (R1), and medium density detached residential (R4) as well as those properties zoned planned district (PD) and assigned the rural residential (RR), very low density residential (RVL), low density residential (R1) or medium density detached residential (R4) land use designations of the Novato General Plan, consistent with Government Code section 66411.7 and local regulations.

b. Definitions.#

For the purposes of this section, terms used herein that are identical to the terms used in California Government Code sections 65852.21 and 66411.7 shall have the same meaning as those terms defined in said Government Code sections. Where terms used herein are identical to the terms used in chapter IX (land subdivision) and chapter XIX (zoning), the definitions provided in this section shall control, unless otherwise specified in this section. Notwithstanding the foregoing, the definitions below shall apply to the following terms as used in this section:

1. Accessory Dwelling Unit (ADU). As defined in chapter XIX (zoning).

2. Junior Accessory Dwelling Unit (JADU). As defined in chapter XIX (zoning).

3. Nonconforming Zoning Condition. A physical improvement on a parcel that does not conform with current zoning standards.

4. Parcel Map. As defined in section 9-5 (definitions).

5. Primary Dwelling Unit (or "primary unit," "primary dwelling," "primary single-family dwelling," "primary unit single-family dwelling," or "primary residence"). A permitted or otherwise legal single-family dwelling unit that is the main residential unit on a lot.

6. Senate Bill 9 (SB 9) Development. A proposed housing development containing no more than two new residential units within a single-family zone, subject to the qualifying criteria and provisions contained in section 19.34.029 and the provisions identified in California Government Code section 65852.21.

7. SB 9 Dwelling Unit. A dwelling unit that is developed using the provisions in section 19.34.029 and the provisions identified in California Government Code section 65852.21.

8. Urban Lot Split. A subdivision involving the division of an existing legal parcel in a single-family residential zone into no more than two parcels, as described in this section and California Government Code section 66411.7.

c. Land Use, Zoning, Density, and Eligibility.#

1. Parcels created by an urban lot split shall only be developed with residential uses pursuant to the standards and requirements of section 19.34.029 and all applicable provisions of the Novato Municipal Code.

2. An urban lot split shall only be permitted for parcels zoned rural residential (RR), very low density residential (RVL), low density residential (R1), and medium density detached residential (R4) as well as those properties zoned planned district (PD) and assigned the rural residential (RR), very low density residential (RVL), low density residential (R1) or medium density detached residential (R4) land use designations of the Novato General Plan.

3. An urban lot split is not subject to the density requirements of the Novato General Plan or Novato Municipal Code or to the maximum density or unit count stipulated in any master plan and/or precise development plan applicable to properties zoned planned district (PD) and assigned the rural residential (RR), very low density residential (RVL), low density residential (R1) or medium density detached residential (R4) land use designations of the Novato General Plan.

4. An urban lot split shall be allowed on parcels located in the single-family residential zones listed under subsection 2. above, unless the urban lot split does not meet the requirements set forth in Government Code section 66411.7(a)(l)—(3).

5. Occupancy Requirements.

(a) Owner Occupancy Required. The owner of a parcel being subdivided pursuant to Government Code section 66411.7 shall occupy one of the housing units existing or constructed on one of the parcels created by the urban lot split as their principal residence for a minimum of three years from the date of approval of the parcel map for an urban lot split.§

(b) Owner Occupancy Affidavit. The owner shall sign an affidavit stating their intent to occupy one of the housing units existing or constructed on one of the parcels created by the urban lot split as their principal residence for a minimum of three years from the date of approval of the parcel map for an urban lot split.

(c) Minimum Occupancy Period. Any dwelling unit located on a parcel created through an urban lot split process, pursuant to this section, shall be rented to the same person or persons for a term of 31 consecutive calendar days or longer.§

d. Maximum Number of Units.#

No more than two dwelling units shall be permitted on any lot created through an urban lot split.§

e. Nonconforming Zoning Condition.#

Notwithstanding the provisions of chapter XIX (zoning), the approval of an urban lot split satisfying the requirements of this section and Government Code section 66411.7 shall not be contingent on the correction of any existing nonconforming zoning condition as defined by this section.

f. Effect of Other Ordinances, Policies, and Regulations.#

Unless otherwise specified by this section, urban lot splits shall comply with all applicable ordinances, policies and regulations of this title. Accordingly, an applicant for an urban lot split shall modify a proposed urban lot split in order to comply with all applicable ordinances, policies, and regulations of this title. If no configuration of an urban lot split can conform to all applicable ordinances, policies, and regulations of this title, then a property owner shall be entitled to deviate from applicable ordinances, policies and regulations in accordance with Government Code section 66411.7.

g. Parcel Map and Application Requirements.#

1. Parcel Map Requirements.

(a) Parcel Map. An urban lot split shall require the submittal of an application for a parcel map prepared in accordance with the provisions of the Subdivision Map Act (Government Code section 66410 et seq.) and chapter IX (land subdivision).

(b) Development Standards. A parcel map for an urban lot split shall be subject to all objective standards stipulated in the Novato Municipal Code chapter V (development standards), except any such standards that require right-of-way dedications or off-site improvements.

(c) Minimum Parcel Size. An urban lot split shall not result in the creation of a parcel smaller than 40 percent of the gross area of the original parcel proposed for subdivision.§ In no instance shall a resulting parcel be less than 1,200 square feet in gross area.

(d) Access to Public Right-of-Way. All parcels created through an urban lot split shall have access to, provide access to, or adjoin the public right-of-way.§ Such access shall be delineated, defined, and recorded through an easement to guarantee access crossing the other parcel subject to, or created by the urban lot split.

(e) Easements Required. Easements shall be required to ensure the provision of public services and facilities.§

2. Application Submittal Requirements. The submittal requirements for a parcel map to permit an urban lot split shall be established by separate policy published by the city.

h. Action, Notice, and Time Limit and Extension.#

1. Ministerial Action. The city shall render a ministerial decision without a public hearing on an urban lot split application in accordance with the review procedures stipulated in Government Code section 66411.7. Notwithstanding the foregoing, the city may deny an urban lot split if the chief building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in subsection (d)(2) of section 65589.5 of the Government Code, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. Appeal. The decision to approve or deny a parcel map for an urban lot split is final and not subject to appeal.

3. Noticing. The city shall prepare and issue a courtesy notice for an urban lot split in compliance with the provisions of division 19.58 for land divisions.

4. Time Limit and Extension. A parcel map approved pursuant to this code that is not recorded within 24 months of the date of approval shall expire and become void, except where an extension of time is requested by the subdivider. A maximum extension of 12 months may be approved by the city.

i. Preemption.#

In the event of an inconsistency between the provisions of this section and Government Code section 66411.7, as may be amended or renumbered from time to time, the latter shall prevail.

(Ord. No. 1725, § 5(Exh. A), 7-22-2025)

9-9 - Final Maps.#

9-9.002 Time Limit.#

Prior to expiration of the tentative map for which a final map was required, the subdivision or any part thereof shall be surveyed and the boundary thereof monumented or referenced and the final map thereof shall be filed with the Novato city engineer. The final map shall be prepared by a registered civil engineer or licensed land surveyor, in conformance with the tentative map, the conditions of approval, and the requirements set forth in this chapter.

(Ord. No. 749, § 7.09.002; Ord. No. 989, § 1; Ord. No. 1128, § 15)

9-9.003 Phasing.#

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of a tentative map if (a) the subdivider, at the time the tentative map is filed, notifies the community development director in writing of the subdivider's intention to file multiple final maps on the tentative map; or (b) after filing of the tentative map, the planning commission and the subdivider concur in the filing of multiple final maps. In submitting such a request, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.

The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map, including the expiration date. The right of the subdivider to file multiple final maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. No. 1128, § 16)

9-9.004 Number of Copies Required.#

The engineer or land surveyor shall file with the Novato department of community development and other affected agencies the number of copies of the final map check prints as may be required by the city engineer.

(Ord. No. 749, § 7.09.004; Ord. No. 989, § 1)

9-9.006 Form and Content.#

The final map shall conform to the requirements of the Subdivision Map Act, this

9-9.008 Documents to be Submitted with the Final Map#

At the time of submitting the final map to the city engineer, the subdivider shall submit the following documents:

a. Traverse Sheets#

Traverse sheets, in a form approved by the city engineer, giving coordinates of the boundary of the subdivision, lots, and street center lines therein. Whenever such traverse sheets are not accompanied by electronically computed traverse data, there shall be payable by the subdivider an additional fee equal to the cost to the city of obtaining such data.

b. Title Report#

The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map and for the dedication of the streets, alleys, easements, and other parcels shown on the map. Such reports shall certify that, as of the date of the preparation of the report, the persons therein named are all persons necessary to convey clear title to the land within such subdivisions.

c. Fees#

Plan checking fees and map checking fees in accordance with subsection 9-3.008.

d. Covenants, Conditions and Restrictions#

For a cooperative apartment project, condominium stock cooperative, or conversion, three copies of the proposed Declaration of Covenants, Conditions and Restrictions containing the provisions described in Section 1353 of the Civil Code and Section 5-13 of Novato Municipal Code, and all other governing documents for the subdivision, as are appropriate pursuant to Section 1363 of the Civil Code. For all other subdivisions three copies of any proposed "Covenants, Conditions and Restrictions" proposed in connection therewith. All governing documents shall be subject to review and approval of the community development director and the city attorney.

e. Improvement Plans#

Two copies of the subdivision improvement plan.

f. Grading Plans#

Two copies of the subdivision grading plans.

g. Drainage Map and Calculations#

One drainage map and one set of drainage calculations for use in checking storm drainage facilities.

h. Soils Report#

Two copies of the preliminary soils report and soil engineer's recommendations. (See section 9-15)

i. Engineer's Estimate#

Two copies of the engineer's estimate of costs and the storm drainage facilities and subdivision improvements.

j. Other Reports#

Other reports, drawings, calculations, and analyses as may reasonably be required by the city engineer in order to evaluate the subdivision design.

k. Deed#

One copy of the current owners deed encompassing the land to be subdivided.

(Ord. No. 749, § 7.09.008; Ord. No. 1059, § 13; Ord. No. 1128, § 18)

9-9.010 City Engineer's Action on Final Maps#

The city engineer will check the final map for technical accuracy, conformance with State law, conformance with city ordinances and standards, and conformance with the conditions of approval. When he is satisfied the final map is correct, the city engineer will sign the original map.

The following documents and material must be submitted to the city engineer prior to further action on the final map:

a. Improvement Agreement and Security#

Four signed copies of the improvement agreement and four copies of the improvement security required in accordance with Section 9-27.

b. Corporate Resolution#

A corporate resolution or other document authorizing signatures to the agreement.

c. Utility Letters#

Letters from all involved utility companies, agencies, districts and departments stating that financial arrangements have been made to serve the subdivision.

d. Approved Plans#

Approved copies of the improvement plans, grading plans, utility plans and other plans which may be required in the number specified by the city engineer.

e. Original and Print of Final Map#

The original and one print of the final map.

f. Reduced Prints#

Eight prints of the final map, reduced to 9 inches by 13 inches in size.

g. Soil Engineer Agreement Letter#

A soil engineer agreement letter signed by a soil engineer or engineering geologist agreeing to perform all soil supervision and testing required by city regulations and to provide the city engineer copies of all test information and reports.

h. Other Documents#

Other documents which may be required by city ordinances, standards or conditions of approval.

i. Environmental Protection Deposit#

A cash deposit for environment protection in accordance with Chapter V, the Novato Development Standards Ordinance.

After completion and receipt of the signed documents and material listed above the final map is considered to be filed for city council action and the city engineer shall prepare a resolution for consideration by the city council for approval of such map and acceptance or rejection of such dedications, parcels and easements as is appropriate and shall present the final map to the city council at its next scheduled regular meeting.

(Ord. No. 749, § 7.09.010; Ord. No. 989, § 1)

9-9.012 City Council's Action on Final Map#

a. Examination and Approval#

The city council shall examine the final map and approve by resolution, or disapprove such map, in accordance with Section 66458 of the Subdivision Map Act. The city council may accept or reject, on behalf of the public, those parcels, dedications and easements offered on the final map.

b. Required Findings for an Approval Action#

The city council shall not approve a final map unless it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Novato General Plan, any applicable specific plan and Chapter XIX, the Novato Zoning Ordinance.

If the subdivision is to be created from the conversion of a residential real property into a condominium project, a community apartment project, or a stock cooperative project, the city council shall also make the findings required by Section 66427.1 of the Subdivision Map Act.

c. Findings Which Require Denial of a Final Map#

1. Unmet Requirements or Conditions#

The city council shall not approve a final map when the requirements or conditions imposed by the Subdivision Map Act or by this chapter, applicable at the time the tentative map was approved, have not been met or performed.

(a) Finding Identifying Unmet Requirements#

Any denial pursuant to this section shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.

(b) Waiver for Technical and Inadvertent Errors#

The provisions of this section may be waived as part of the council action on the final map provided that it finds that the failure of map, under this section, is not result of a technical and inadvertent error which does not materially affect the validity of the map.

2. Land Projects#

The city council shall not approve a final map for any land project, as defined in Section 11000.5 of the California Business and Professions Code, unless:

(a) Specific Plan Required#

The planning commission or city council has adopted a specific plan covering the area proposed to be included within the land project; and

(b) Consistency Finding#

The city council finds that the proposed land project, together with the provision for its design and improvement, is consistent with the specific plan for the area.

(c) Specific Plan Definition#

For the purposes of this section, an approved precise development plan or a final plan review approval, as set forth in Chapter XIX, the Novato Zoning Ordinance, constitutes a specific plan.

(Ord. No. 749, § 7.09.014; Ord. No. 967, §§ 11, 12)

9-9.015 Recording#

Within five working days of the city council approval of a final map, the city engineer shall transmit the signed original final map to the county clerk unless the map is subject to Section 66493 of the Subdivision Map Act. The county clerk will transmit the map to the county recorder in accordance with Section 66464 of the Subdivision Map Act.

(Ord. No. 749, § 7.09.015; Ord. No. 1128, § 19)

9-9.016 City Records#

Within 30 days of the recording of the final map, the subdivider shall deliver to the city engineer a permanent, reproducible, 3 mil thick, polyester-based film copy of the recorded final map. At the same time, the subdivider shall deliver to the city engineer nine paper prints of the recorded map.

(Ord. No. 749, § 7.09.016)

9-9.017 Correction or Amendment of Final Maps#

After a final map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map pursuant to Sections 66469 through 66472.1 of the Subdivision Map Act.

(Ord. No. 967, § 13)

---

9-11 - Parcel Maps#

9-11.002 Parcel Map Required#

a. General Requirement#

When tentative map has been approved with a condition that a parcel map be required, and prior to the expiration of the tentative map, and the subdivision boundary shall be surveyed or referenced and a parcel map shall be prepared by a registered civil engineer or a licensed land surveyor in conformance with the approved, or conditionally approved tentative map and with the requirements as set forth in this chapter.

b. Waiver of Parcel Map Requirement#

The community development director may waive the requirement for a parcel map when all of the following conditions are met:

1. Compliance Findings#

The community development director finds that the subdivision complies with the requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this chapter.

2. Statutory Requirement#

The parcel map is imposed by Government Code Section 66426.

c. Exemptions from Parcel Map Requirement#

A parcel map shall not be required for:

1. Railroad Right-of-Way Leases#

Subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code which are created by short-term leases (terminable by either party or not more than 30 days' notice in writing); or

2. Conveyances to Governmental Agencies or Public Utilities#

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

d. Tentative Map Requirement#

Even though the requirement for a parcel map may be waived by the community development director or exempted by paragraph c. above, a tentative map in conformance with this chapter shall be required.

Chapter 9-11 - Parcel Maps#

9-11.002 (Content omitted from source text)#

9-11.004 Filing#

The licensed land surveyor or registered civil engineer who prepared the map shall file with the city department of community development and other affected agencies, departments, districts, and companies the number of copies of the parcel map required by the city engineer.

(Ord. No. 749, § 7.11.004; Ord. No. 989, § 1)

9-11.006 Form and Content#

The form and content as set forth for final maps in this chapter shall also apply to parcel maps except that:

a. The name of the subdivider and the recorded document by which he gained title shall be shown in the parcel map title.

b. Form, content, and certificates on the parcel map shall conform to the requirements of the Subdivision Map Act. Acceptance or rejection, on behalf of the public, of dedications, parcels or easements shall be made by the city engineer. The parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

c. Dedications, easements, and parcels for use by the public may be conveyed by grant deed or by easement prior to recording the parcel map.

d. A soil report notation shall not be required on a parcel map.

(Ord. No. 749, § 7.11.006; Ord. No. 1059, § 15)

9-11.008 Documents to be Submitted with the Parcel Map#

a. Documents to be submitted with the parcel map shall be the same as those required for final maps in subsection 9-9.008 with the following modifications and exceptions:

b. The requirement for a drainage map and drainage calculations may be waived by the city engineer.

(Ord. No. 749, § 7.11.008)

9-11.010 City Engineer's Action on Parcel Maps#

a. The city engineer shall check the parcel map for technical accuracy, conformance with State law, conformance with city ordinances and standards, and conformance with the conditions of approval.

Prior to further action on the parcel map, the material and documents required in subsection 9-9.010 must be submitted to the community development department with the following modifications and exceptions:

1. Letters from utility companies, agencies, districts, and departments may not be required.

2. One print of the parcel map is required.

3. Signed and notarized originals of all grant deeds and grants of easements in which the city is the grantee must be delivered to the city engineer.

4. Where on-site or off-site improvement requirements have been imposed as a condition of the division for which the parcel map is being prepared, a certificate shall be placed on the parcel map giving evidence of such requirement(s).

b. After completion and receipt of signed documents and material listed in subsection 9-9.010 as modified above, the city engineer shall take the following action:

1. Any grant deeds or easements effected by separate instrument shall be accepted or consented to and recorded, and the recording information shall be shown on the parcel map.

2. If dedications, easements, or parcels are offered to the city on the parcel map, the city engineer shall, on behalf of the public, accept or reject such dedications, easements or parcels. Such acceptance or rejection shall be shown in the city engineer's certificate.

3. After verifying that the parcel map conforms to all ordinances and the conditions of approval, the city engineer shall sign the map and transmit it to the county recorder for recording.

4. In the case of a parcel map for which no tentative map was required, the city engineer shall make the findings required by subsection 9-7.002e2 prior to approval or the findings required by subsection 9-7.002e3 prior to denial of the parcel map.

(Ord. No. 749, § 7.11.010; Ord. No. 967, § 14; Ord. No. 989, § 1)

9-11.012 City Records#

Within 30 days of the recording of a parcel map, the subdivider shall deliver to the city engineer a permanent, reproducible, 3-mil thick, polyester-based film copy of the recorded parcel map. At the same time the subdivider shall deliver to the city engineer three prints of the recorded parcel map.

(Ord. No. 749, § 7.11.012)

9-11.014 Correction or Amendment of Parcel Maps#

After a parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map pursuant to Sections 66469 through 66472.1 of the Subdivision Map Act.

(Ord. No. 967, § 15)

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Chapter 9-13 - Maps for Lot Line Adjustments#

9-13.002 Maps Required#

Prior to the expiration of the approved lot line adjustment application map, and subsequent to the satisfaction of any conditions of approval, a record of survey map or a deed effectuating the adjustment is required for each lot line adjustment.

(Ord. No. 749, § 7.13.002; Ord. No. 989, § 1; Ord. No. 1128, § 22)

9-13.004 Filing#

The licensed land surveyor or registered civil engineer who prepares the map shall file with the department of community development and other affected agencies, districts, departments and companies the number of copies of the map required by the city engineer.

(Ord. No. 749, § 7.13.004; Ord. No. 989, § 1)

9-13.006 Form and Content#

Record of survey maps shall conform to the requirements of the Land Surveyors Act (Section 8760 and following, of the Business and Professions Code). Reproducible copies of record of survey maps shall be provided in accordance with subsection 9-11.010.

(Ord. No. 749, § 7.13.006; Ord. No. 1128, § 23)

9-13.008 Fees#

City fees for checking record of survey maps will not be required; however, record of survey maps for lot line adjustments must be approved by the city engineer prior to approval by the county surveyor.

(Ord. No. 749, § 7.13.008; Ord. No. 989, § 1; Ord. No. 1128, § 24)

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Chapter 9-15 - Soil Reports#

9-15.002 Required with Tentative Map Applications#

Unless waived in accordance with subsection 9-15.004 below, a soil report shall be submitted with every final map or parcel map application.§

(Ord. No. 749, § 7.15.002; Ord. No. 1128, § 25)

9-15.004 Waiver#

The requirements for submission of a soil report with final map or parcel map applications may be waived by the city engineer if he finds that adequate information exists in the records of his office as to the quality of the soil in the subdivision so as to not necessitate a soil report and that the information contained in the site reconnaissance required by subsection 9-7.002C,2. supports those office records.

(Ord. No. 749, § 7.15.004; Ord. No. 1128, § 25)

9-15.006 Corrective Measure Recommendations#

If the soil report indicates conditions related to soil or geologic problems which, if not corrected, would pose a hazard to property, improvements or life, recommendations for the correction of those hazardous conditions shall be included in the soil report.

(Ord. No. 749, § 7.15.006; Ord. No. 1128, § 25)

9-15.008 Approval of Subdivisions with Soil/Geologic Hazard Conditions#

The city council or city engineer may approve final maps or parcel maps, respectively involving potential hazards due to soil/geologic conditions only if they find that the recommendations contained in the soil report will reasonably preclude damage, injury or loss of life from the identified hazardous condition. The term "reasonably preclude" as used in this section means that the technical evaluation, consistent with current common practice of civil engineering or engineering geology indicates that all hazardous conditions can and will be stabilized to the degree that no damage to life, property or improvements is expected.

(Ord. No. 749, § 7.15.008; Ord. No. 989, § 1; Ord. No. 1128, § 25)

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Chapter 9-17 - Design#

The design of subdivisions shall conform to Chapter V, the Novato Development Standards Ordinance, other applicable city and State regulations and the Novato General Plan.

(Ord. No. 749, § 7.17; Ord. No. 1128, § 26)

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Chapter 9-19 - Dedications, Reservations and Access#

9-19.002 Streets, Drainage, Public Utility and Other Public Easements#

Dedications or irrevocable offers of dedication for real property within any subdivision for streets, alleys, including access rights and abutters rights, drainage, public utility easements and other public easements may be required as conditions of approval of a subdivision.

a. Such dedications shall conform to the conditions of approval of the approved tentative map; the Subdivision Map Act; Chapter V, the Novato Development Standards Ordinance and the Novato General Plan.

b. Acceptance or Rejection of Offers of Dedication.

1. Offers of dedication in final maps may be accepted, by resolution, or rejected, by the city council. The city clerk shall certify such action on the final map.

2. The offers of dedication in parcel maps may be accepted or rejected by the city engineer. He shall certify such action on the parcel map.

(Ord. No. 749, §§ 7.19.002, 7.19.006; Ord. No. 1128, § 27)

9-19.004 Parks and Recreation Purposes#

Dedication of land, the payment of fees in lieu thereof or a combination of both, for park and recreation purposes may be required in accordance with section 9-20 of this chapter.

(Ord. No. 1124, § 1)

9-19.005 School Site Dedication#

a. General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the city shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. This requirement is pursuant to California Government Code, Section 66478.

b. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the city the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time, before, concurrently with, or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision.

c. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors not more than the original cost of the dedicated land, plus a sum equal to the total of the following amounts:

1. The cost of any improvements to the dedicated land since acquisition by the subdivider;

2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

3. Any other costs incurred by the subdivider in maintenance of such dedicated land including interest costs incurred on any loan covering such land.

d. Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.

e. Right to Reacquire. The deed for such dedicated land shall provide that the property shall only be used for and as a school site. If not so used within ten years of dedication, the subdivider shall have the right to reacquire such dedicated property on the same terms as initially acquired by the school district, pursuant to paragraph c.

(Ord. No. 1128, § 27)

9-19.006 Reservations#

a. General. As a condition of approval of a tentative map, the subdivider shall reserve site, as appropriate in area and location, for fire stations, libraries or other public uses according to the standards and formula contained in this section. This requirement is pursuant to California Government Code, Sections 66479—66482.

b. Standards for Reservation of Land. Where a fire station, library or other public use is shown on the General Plan or an adopted specific plan, or called for by policies of the Novato General Plan the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

c. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement.

d. Payment to Subdivider. The purchase price for the reserved area shall be not more than the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

e. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate.

f. Right to Reacquire. The deed for such dedicated land shall provide that the property shall only be used for the public use identified as the basis for reservation. If not so used within ten years, the subdivider shall have the right of first refusal to reacquire the dedicated property on the same terms as initially acquired by the public agency, including the cost of any improvements.

(Ord. No. 1128, § 27)

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Chapter 9-20 - Park Dedications and In-Lieu Fees#

9-20.002 Purpose#

This section is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the Recreation Policies of the Novato General Plan.

(Ord. No. 1124, § 2)

9-20.004 Requirements#

As a condition of approval (whether or not expressly stated in the conditions of approval) of a tentative map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this section.

(Ord. No. 1124, § 2; Ord. No. 1478, § 1)

9-20.006 General Standard#

It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that 4.5 acres of property for each 1,000 persons residing within this city be devoted to neighborhood and community park and recreational purposes.§

(Ord. No. 1124, § 2)

9-20.008 Formula for Dedication of Land#

a. Where a park or recreation facility has been designated in the Novato General Plan, or is called for by the Recreation Policies of the Novato General Plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formulas:

1. The formula for determining acreage to be dedicated shall be as follows:

Average No. of Persons per Unit	×	Park Acreage Standard (from Subsection 9-20.006)	=	Minimum Acreage Dedication
_____	×	_____ / 1,000 Population	=	_____

(Example for single-family dwelling unit (DU)):

2.749 × 4.5 / 1,000 = .0124 Acres/DU§

2. The following table of population density has been established pursuant to Section 66477 of the Government Code.

Park Land Dedication Formula Table#

Types of Dwellings	Average Density/DU*	Acreage/DU (4.5 ac. std.)
Single-Family Detached	2.749	.0124
Single-Family Attached (condominium)	2.260	.0102
Duplex	2.510	.0113
Apartments 3 or 4 Units/bldg.	2.386	.0107
Apartments 5 or more Units/bldg.	2.254	.0101
Mobilehomes	1.517	.0068

*From 2000 Federal census

b. Dedication of the land shall be made in accordance with the procedures contained in subsection 9-20.022 hereof.

c. For the purpose of determining the amount of the land or in lieu fee required by this

9-20.008 Dedication of Land for Park and Recreation Purposes#

In the event that a subdivision is proposed, the subdivider shall dedicate land for park and recreational purposes as provided in this section.

a. Amount of Land Required for Dedication#

The amount of land required for dedication shall be determined by the following formula:

Formula Component	Value
Number of new dwelling units (DU)	×
Population per dwelling unit (POP/DU)	÷ 1,000 People
4.5 Acres	×
Fair Market Value (FMV) per Buildable Acre	×
Total Land Dedication Required	= Acres

b. Determination of Number of New Dwelling Units#

For the purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

c. Improvements Required#

The subdivider shall, without credit:

1. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section.

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land.

3. Provide improved drainage through the site.

4. Provide other minimal improvements including, but not limited to removal of debris, clearing of the site, and temporary hydroseeding which the director of parks and recreation determines to be essential to the acceptance of the land for recreational purposes.

d. Approval of Location and Improvements#

The location, size and configuration of the land to be dedicated and the improvements to be made pursuant to this section shall be approved by the director of parks and recreation.

(Ord. No. 1124, § 2; Ord. No. 1280, §§ 1, 2; Ord. No. 1478, § 2)

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9-20.010 Formula for Fees In Lieu of Land Dedication#

a. General Formula#

If there is no park or recreational facility designated in the Novato General Plan, or called for in recreation policies of the Novato General Plan, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicated land, pay a fee. The fee shall be equal to the value of the land which would have been required for dedication in subsection 9-20.008 hereof. The value of the land shall be determined in accordance with the provisions of subsection 9-20.014 hereof. Such fees shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

b. Fees in Lieu of Land; 50 Parcels or Less#

If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee and in an amount determined in accordance with the provisions of subsection 9-20.014 hereof.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the approving body.

c. Use of Money#

The money collected hereunder shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, including, but not limited to, the purchase of land and/or the improvement of land, as well as the payment of consultation fees, feasibility studies, environmental review costs, professional services and other similar costs and expenses associated therewith.

(Ord. No. 1124, § 2; Ord. No. 1478, § 3)

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9-20.012 Criteria for Requiring Both Dedication and Fee#

In subdivisions of more than 50 parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

a. Partial Dedication#

When only a portion of the land to be subdivided is proposed on the Recreation Facilities Map or is called for by Recreation Policies of the Novato General Plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provision of subsection 9-20.014 hereof shall be paid for the value of any additional land that would have been required to be dedicated pursuant to subsection 9-20.008 hereof.

b. Completion of Existing Park Site#

When a major part of the local park or recreation site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site such remaining portion shall be dedicated and a fee computed pursuant to the provision of subsection 9-20.014 hereof shall be paid in an amount equal to the value of the land not dedicated, such fees to be used for the improvement of the existing park and recreation facility or for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

(Ord. No. 1124, § 2; Ord. No. 1478, § 4)

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9-20.014 Amount of Fee in Lieu of Land Dedication#

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the average fair market value, at the time the final map or parcel map is filed, of the amount of land which would otherwise be required for dedication pursuant to subsection 9-20.008. The fee shall be determined by the following formula:

Formula Component	Value
DU	Number of dwelling units as defined in subsection 9-20.008
POP/DU	Population per dwelling unit
4.5 Acres	÷ 1,000 People
FMV/Buildable Acre	Fair market value for a typical acre located in other than an area on which building is excluded because of flooding, easements, or other restrictions
In Lieu Fee	= DU × (POP/DU ÷ 1,000) × 4.5 Acres × FMV/Buildable Acre

Where:

• DUs = Number of dwelling units as defined in subsection 9-20.008.
• POP/DU = Population per dwelling unit.
• FMV/Buildable Acre = Fair market value for a typical acre located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

FMV/Buildable Acre shall be determined annually as adopted by city council resolution. The amount of the fee applicable to a particular subdivision shall be determined in accordance with the city council resolution in effect at the time the final map or parcel map is filed.

Fees to be collected pursuant to this section shall be approved by the director of parks and recreation.

(Ord. No. 1124, § 2; Ord. No. 1478, § 5)

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9-20.016 Alternate Valuation Method When Requested by Subdivider#

a. Request for Appraisal#

If the subdivider objects to the FMV/Buildable Acre valuation adopted by the city council pursuant to subsection 9.20.014, the subdivider may request that the city obtain an appraisal of the subdivision property by a qualified real estate appraiser selected by the city. All costs required to obtain such appraisal shall be borne by the subdivider who shall deposit with the city the city's estimated cost for performing the appraisal prior to the commencement of the appraisal work. Such appraisal shall be considered by the city in determining the FMV/Buildable Acre. Once the subdivider has elected to utilize this alternate method for determining the FMV/Buildable Acre, the subdivider may not reverse that decision and elect instead to utilize the valuation adopted by the city council.

b. Timing of Request#

A subdivider requesting an appraisal must make such request no more than three months prior to the filing of the final map or parcel map. If the subdivider is delayed in the filing of the final map or parcel map so that more than four months separate the date the appraisal was completed and the final map or parcel map filing, the subdivider shall be required to pay for a new or supplemental appraisal.

c. Considerations for Determining FMV/Buildable Acre#

For the purpose of determining the FMV/Buildable Acre pursuant to this subsection, the city and the appraiser shall consider, but not necessarily be limited to, the following:

1. Approval of and conditions of the tentative subdivision map;
2. The general plan;
3. Zoning;
4. Property locations;
5. Off-site improvements facilitating use of the property;
6. Site characteristics of the property.

d. Appeal#

If the subdivider objects to the FMV/Buildable Acre determined by the city after the completion of the appraisal, he/she may appeal to the city council, pursuant to subsection 9-3.010. The burden of proof shall lie with the subdivider.

(Ord. No. 1124, § 2; Ord. No. 1478, § 6)

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9-20.018 Determination of Land or Fee#

a. Considerations#

Whether the approving body accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The natural features, access, and location of land in the subdivision available for dedication;
2. The size and shape of the subdivision and land available for dedication;
3. The feasibility of dedication;
4. The compatibility of dedication with the Novato General Plan; and,
5. The location of existing and proposed park sites and trailways.

b. Appeal#

The determination of the approving body as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be subject to appeal pursuant to subsection 9-3.010.

(Ord. No. 1124, § 2)

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9-20.020 Credit for Private Recreation Facility#

No credit shall be given for private recreation facilities or open space in the subdivision except as hereinafter provided. Where private facilities usable for active recreational purposes are provided in a proposed planned development, real estate development, stock cooperative, or community apartment project, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, or condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed 50 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the approving body finds that it is in the public interest to do so and that the following standards are met:

a. Exclusion of Required Open Areas#

Yards adjacent to each residential unit, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

b. Homeowners' Association Requirements#

Private park and recreation facilities shall be owned by a homeowners' association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100 percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities, or subject to a covenant running with the land requiring continued operation by the developer or owner;

c. Use Restrictions#

Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor; and

d. Suitability for Recreation#

The proposed private open space is reasonably adaptable for use for park and recreation purposes, including recreational community gardening, children's play apparatus areas, picnic areas, hiking, jogging, and bicycle trails and paths, or landscaped exercise areas, taking into consideration such factors as size, shape, topography, geology, access, and location; and,

e. Consistency with General Plan#

Facilities proposed are in substantial accordance with the provisions of the Recreation Policies of the Novato General Plan; and,

f. Required Facility Types#

The private facilities for which credit is given generally provide the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area;

1. Recreational areas, which are generally defined as parks' areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than 5 percent slope.

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar areas especially designed and exclusively used for court games.

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, spas, or both. They must also include decks, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and typically consisting of 450 square feet of water surface area for each 1,000 population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

4. Children's play facilities such as slides, swings, climbing structures, and sandboxes.

5. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

g. Appeal#

The determination of the approving body as to whether credit shall be given and the amount of credit shall be subject to appeal pursuant to subsection 9-3.010.

(Ord. No. 1124, § 2)

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9-20.022 Procedure#

a. Tentative Map Designation#

The approving body may, but is not required, to expressly state in the tentative map the amount of land required for dedication pursuant to subsection 9-20.008 or the amount of land which will serve as the basis for the calculation of the in-lieu fee at the time the final map or parcel map is filed, pursuant to subsection 9.20.014. Any express designation in the tentative map regarding land amount shall be preliminary only. The final determination of the amount of land which will be required for dedication or which will serve as the basis for the in-lieu fee calculation shall be made at the time of the filing of the final map or parcel map based on the formulas contained in subsections 9-20.008 and 9.20.014.

b. Timing of Dedication and Fee Payment#

At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by subsection 9-20.008. If the subdivider shall be obligated to pay an in-lieu fee, the subdivider shall pay one-half of the total fee amount prior to the recordation of the final map or parcel map and one-half shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be constructed upon any one of the lots in the subdivision, until all required fees have been paid.

c. Open-Space Covenants#

Open-space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

(Ord. No. 1124, § 2; Ord. No. 1478, § 7)

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9-20.024 Disposition of Fees#

Fees determined pursuant to subsection 9-20.014 or subsection 9-20.016 shall be paid to the city treasurer and shall be deposited into the Subdivision Park Trust Fund or its successor. Money in said fund shall be used only for the purpose of developing new, or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision on which the fees are imposed. Such uses include, but are not limited to, the purchase of land and/or the improvement of land, as well as the payment of consultation fees, feasibility studies, environmental review costs, professional services and other similar costs and expenses associated therewith.

Collected fees shall be appropriated by the city to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

If such fees are not committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

The city treasurer shall report to the city council at least annually on income, expenditures, and status of the subdivision park trust fund.

(Ord. No. 1124, § 2; Ord. No. 1478, § 8)

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9-20.026 Exemptions#

a. Subdivisions with Fewer Than Five Parcels#

Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of section 9-20; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

b. Nonresidential Subdivisions and Certain Condominium Projects#

The provisions of section 9-20 do not apply to nonresidential subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old from the date of certificate of occupancy when no new dwellings are added.

c. Affordable Housing Units#

The approving body may, upon receipt of a written application, waive or reduce the fee required by this section for low or very low income affordable housing units as defined by section 19.24 of the Novato Municipal Code provided the applicant agrees to the requirements and restrictions applicable to affordable housing units as contained in section 19.24.

(Ord. No. 1124, § 2; Ord. No. 1478, § 9)

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9-20.028 Subdivider Provided Park and Recreation Improvements#

The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The parks and recreation director reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.

(Ord. No. 1124, § 2)

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9-20.030 Agency to Accept Land and Fees#

Land or fees required under this section shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map or parcel map approval, the approving body shall determine whether a public agency other than the city is the appropriate local agency. The city, county or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to

9-20 - Park and Recreation Areas (continued)#

9-20.032 Access.#

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

(Ord. No. 1124, § 2)

9-20.034 Sale of Dedicated Land.#

If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for purchase of a more suitable site. If the city determines to dispose of the property, the subdivider or his successor shall have a right of first refusal to purchase the property at fair market value.

(Ord. No. 1124, § 2)

9-20.036 Development Agreement.#

Except as expressly prohibited by Section 66477 of the California Government Code, the terms and procedures of section 9-20 of the Novato Municipal Code may be waived or modified by development agreement adopted pursuant to Section 65864 et seq. of the California Government Code.

(Ord. No. 1124, § 2)

9-20.038 Effective Date.#

The requirements of this section shall apply to all tentative maps approved on or after December 18, 1986.

(Ord. No. 1124, § 2)

9-21 - Improvement Plans#

9-21.002 Improvement Plans Required.#

Street improvement plans, grading plans, landscaping plans, site plans, drainage plans, and utility plans shall be prepared. The plans shall be approved by the city engineer in accordance with the conditions of approval and the tentative map and Chapter V, the Novato Development Standards Ordinance.

At the time the improvement plans are presented to the city engineer for checking, plan checking fees must be paid and supporting documents must be submitted in accordance with subsection 9-9.008.

(Ord. No. 749, § 7.21.002; Ord. No. 1128, § 28)

9-23 - Improvements#

9-23.002 Improvement Required.#

All public and private improvements, necessary to serve each subdivision shall be installed, or the construction of such improvements shall be guaranteed, prior to approval of a final map or parcel map. Improvements shall be in accordance with the conditions of approval of the tentative map and Chapter V, the Novato Development Standards Ordinance.

Improvements for subdivisions requiring a parcel map shall be limited to the dedication of right-of-way, easements and the construction of reasonable off-site and on-site improvements necessary to insure that the resulting lots/parcels are usable for their intended purpose.

Off-site improvements or improvements not contiguous with the subdivision boundary may be required if necessary to protect the public health, welfare or safety.

(Ord. No. 749, § 7.23.002; Ord. No. 1128, § 29)

9-24 - Public Improvements Subject to Reimbursement Agreements#

9-24.002 Public and Intent.#

The public interest, health and general welfare of the city and its inhabitants require:

a. That construction of storm drainage facilities, street paving, including curbs and gutters, and other public improvements take place at such time as there are occupied lands to be served thereby;

b. That when such facilities are constructed, such shall be so sized and located as to be or become an integral part of the planned storm drainage, street and other public improvement systems of the city;

c. That such construction and such sizing and location shall not be delayed until all lands ultimately to be served by such facilities are developed;

d. That, therefore, the developers of only a portion of the lands to be served by such facilities sometimes pay the entire costs of such facilities, notwithstanding that a proportionate share of such costs should be borne by other lands that will in the future be served by such facilities.

(Ord. No. 1173, § 1)

9-24.004 Condition of Approval.#

a. As a condition of approval, the city may require that storm drainage facilities, street paving, including curbs and gutters and other public improvements contain supplemental size, capacity, number or length for the benefit of property not within the subdivision.

b. If such a condition is imposed, the city shall enter into a reimbursement agreement with the applicant to reimburse the applicant for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.

c. The method of pavement of the reimbursement agreement shall be as authorized by Government Code Sections 66487, 66488, and 66489, or as such may hereafter be amended.

(Ord. No. 1173, § 1)

9-25 - Monuments#

9-25.002 Monuments Required.#

At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set durable monuments conforming to Section 8771 of the Business and Professions Code.§ Such monuments shall also conform to the requirements of Chapter V, the Novato Development Standards Ordinance. The exterior boundary of the land being subdivided shall be adequately monumented or referenced before the final map or parcel map is recorded. Interior monuments shall be guaranteed in accordance with Section 66495 of the Subdivision Map Act. Construction of monuments may be guaranteed in improvement agreements for subdivisions and land divisions.

(Ord. No. 749, § 7.25.002)

9-27 - Improvement Agreement and Improvement Security#

9-27.002 When Required.#

A secured improvement agreement shall be entered into between the subdivider and the city whenever subdivision improvements are to be installed subsequent to the recordation of a final map or parcel map.

(Ord. No. 749, § 7.27.002; Ord. No. 1128, § 30)

9-27.004 Agreement Content.#

The agreement shall:

a. Specify that the subdivider will complete the required improvements within a specified time.

b. Stipulate that the improvements shall be completed to the satisfaction of the city engineer.

c. Specify that the subdivider shall be responsible for any construction errors or omissions for a period of one year from date of acknowledgement of completion.

d. Provide for the installation of all monuments.

e. Provide for inspection of all improvements by the city.

f. Provide improvement security in accordance with subsection 9-27.008 below.

g. Specify that, should the subdivider fail to complete the work within the time period specified, the city may complete the work and recover the full cost and expense thereof from the subdivider.

h. Provide for a period of maintenance as required by Chapter V, the Novato Development Standards Ordinance.

(Ord. No. 749, § 7.27.004)

9-27.006 Required Approvals.#

a. All improvement agreements must be approved by the city attorney as to form and by the city engineer as to the amount of security.

b. All improvement agreements must be executed by the city manager and the city clerk.

c. Any improvement agreements, secured for values in excess of eighty thousand ($80,000.00) dollars shall be authorized by the city council.

d. After completion of the required subdivision improvements, the city council shall accept the work pursuant to the improvement agreement secured for values in excess of eighty thousand ($80,000.00) dollars. After completion of the required subdivision improvements, the city engineer shall accept the work pursuant to the improvement agreement secured for values less than or equal to eighty thousand ($80,000.00) dollars.

(Ord. No. 749, § 7.27.006; Ord. No. 967, § 16; Ord. No. 1228, § 3)

9-27.008 Improvement Security.#

a. Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

b. Reduction of Improvement Security. If the subdivision improvements are to be financed and installed pursuant to special assessment proceedings, at the option of the city engineer, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.

c. Amount. The improvement security for faithful performance of the agreement shall be 100 percent of the total estimated improvement cost, as determined by the city engineer, in accordance with Section 66499.3 of the Subdivision Map Act.

The improvement security securing payment to the contractor, subcontractor and to persons furnishing labor, materials and equipment shall be 100 percent of the total estimated cost as determined by the city engineer.

d. Release. The improvement security required by this chapter shall be released in the following manner:

1. Security given for faithful performance of any act or agreement shall be released upon final completion and acceptance of the act or work, except that such security shall not be released beyond that amount determined as necessary by the city engineer for the required guarantee and warranty period.

   (a) The city council may establish rules and regulations providing for the partial release of performance security upon the partial performance of the work or acceptance of the work as it progresses.

2. Improvement security shall not be released beyond that amount determined as necessary by the city engineer for the correction of errors or omissions in construction and for the required period of maintenance.

3. The city engineer may authorize the subdivider to post separate security instruments for the required period of guarantee and warranty.

4. Any remaining improvement security or the maintenance and errors or omissions security shall be released by the city engineer upon expiration of the required one year guarantee and warranty period in accordance with the agreement. With this release, the Subdivision Improvement Agreement shall be terminated.

5. Security securing the payment to contractor, their subcontractors and to persons furnishing labor, materials or equipment shall be released in accordance with Government Code Section 66499.7.

(Ord. No. 749, § 7.27.008; Ord. No. 1059, § 17; Ord. No. 1089, § 1; Ord. No. 1181, § 1; Ord. No. 1228, § 4)

9-29 - Utilities and Utility Map#

9-29.002 Utility Design.#

Utility design shall conform to the requirements of each utility company, agency, or district, and Chapter V, the Novato Development Standards Ordinance. Three copies of an approved utility plan, signed by all involved utility companies, agencies and districts must be provided the city prior to the recording of a final map.

a. When street lights are required, the subdivider must install them at his expense. The subdivider must make all financial arrangements with the utility company so that the lowest possible rates for a utility owned system are available to the city.

b. Whenever the city imposes a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing telephone or cable television facilities, the developer or subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding or relocation, pursuant to Section 66473.6 of the Subdivision Map Act.

(Ord. No. 749, § 7.29.002; Ord. No. 1128, § 31)

9-31 - Reversion to Acreage#

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter and the Subdivision Map Act.

9-31.002 Initiation of Proceedings by Others.#

Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the city engineer. The petition shall conform to the information required by subsection 9-9.006 and such other information required by the city.

(Ord. No. 749, § 7.31.002)

9-31.004 Initiation of Proceedings by the City Council.#

The city council on its own motion may initiate proceedings to revert property to acreage. The city council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

(Ord. No. 749, § 7.31.004)

9-31.006 Data for Reversion to Acreage.#

Petitioners shall file the following:

a. Evidence of title to the real property.

b. Evidence of consent of all the owners of and interests in the property or evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or evidence that no lots shown on the final or parcel maps have been sold within five years from the date such final map or parcel map was filed for record.

c. A final map in the form prescribed by section 9-9 of this chapter which delineates dedications not to be vacated and dedications required as a condition to reversion.

(Ord. No. 749, § 7.31.006)

9-31.008 Fees.#

Fees for processing reversion to acreage maps shall be paid in accordance with subsection 9-3.008 using the number of lots existing as the basis for calculating the fees.

(Ord. No. 749, § 7.31.008)

9-31.010 Proceedings before the City Council.#

A public hearing shall be held before the city council on all petitions for initiation for reversion to acreage. Notice of public hearing shall be given as provided in Section 66451.3 of the Government Code. The city council may give such other notice that it deems necessary or advisable.

The city council may approve a reversion to acreage only if it finds and records in writing that:

a. Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage and unnecessary for present or prospective public purposes; and

b. Either:

1. All owners of an interest in the real property within the subdivision have consented to reversion; or

2. None of the improvements required to be made have been made within two years from the date of the final or parcel map was filed for record, or within the time allowed by agreement for the completion in the improvements, whichever is later; or

3. No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

c. The city council may require as conditions of the reversion:

1. The owners dedicate or offer to dedicate streets or easements.

2. A retention of all or a portion of previously paid subdivision fees, deposits or improvements securities if the same are necessary to accomplish any of the provisions of this chapter.

3. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(Ord. No. 749, § 7.31.010; Ord. No. 1059, § 18)

9-31.012 Return of Fees, Deposits; Release of Securities.#

Except as provided in subsection 9-31.008 or 9-31.010c.2, upon filing of the final map for the reversion to acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city engineer.

(Ord. No. 749, § 7.31.012)

9-31.014 Delivery of Final Map.#

After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.

(Ord. No. 749, § 7.31.014)

9-31.016 Effect of Filing Reversion to Acreage Map with County Recorder.#

Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. No. 749, § 7.31.016)

9-33 - Noncomplying Property, Notice of Violation, Certificate of Compliance and Merger#

9-33.002 Noncomplying Properties.#

a. The City of Novato shall not issue any permit or grant any required approvals for development of property which has been divided, or which has resulted from division, in violation of this chapter or in violation of the Subdivision Map Act, unless a certificate of compliance has been issued pursuant to section 9-33.006.

b. For purposes of this chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if the parcel resulted from a

9-33 - Certificates of Compliance and Mergers#

9-33.002 (continued)#

Division of land in which fewer than five parcels were created and if at the time of the creation of the parcel, there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels.

c.#

For purposes of this chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the Subdivision Map Act or this chapter. Owners of parcels or units of land affected by the provisions of this section shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to subsection 9-33.006b. prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of the Subdivision Map Act and this chapter, as required pursuant to subdivision (a) of Section 66499.35 of the Subdivision Map Act, the presumption declared in this section shall not be operative.

d.#

This limitation applies whether the applicant for such permit or approval was the owner of the property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

(Ord. No. 749, § 7.33.002; Ord. No. 938, § 14; Ord. No. 967, § 17; Ord. No. 1379, § 2)

9-33.004 Notice of Violation.#

Whenever any person has knowledge that real property has been divided in violation of this section or the State Subdivision Map Act, he/she shall report such violation to the community development director. After verification, it shall be the duty of the community development director to cause to be mailed by certified mail to the then current owner of record of the property, a notice of intention to record a notice of violation, describing the real property in detail, naming the owner thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the planning commission why the notice should not be recorded. The meeting shall take place no sooner than 30 days and no later than 60 days from the date of mailing. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the community development director of his or her objection to recording the notice of violation, the community development director shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the city shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the planning commission determines that the property has in fact been illegally divided, the community development director shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. No. 749, § 7.33.004; Ord. No. 867, § 17; Ord. No. 989, § 1; Ord. No. 1059, § 19; Ord. No. 1379, § 2)

9-33.006 Certificate of Compliance.#

a. Determination of Compliance.#

Any person owning real property within the City of Novato or a vendee of such person pursuant to a contract of sale of such real property may request a determination as to whether such real property complies with the provisions of this title and the Subdivision Map Act in the following manner:

1.#

Anyone wishing to receive such a determination shall submit such information as required by the community development director along with such fees as are established by resolution of the city council to the planning division of the community development department.

2.#

The city engineer shall review and make a determination as to whether such real property complies with the provisions of this title and the Subdivision Map Act.

b. Property Must Comply with Government Code Section 66499.34.#

A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Government Code Section 66499.34.

c. Filing of Certificate.#

Upon making such a determination, the city engineer shall cause a certificate of compliance or conditional certificate of compliance to be filed for record with the county recorder. The certificate of compliance or conditional certificate of compliance shall provide the information specified in Government Code Section 66499.35(f).

d. Conditional Approval.#

If the city engineer determines that such real property does not comply with the provisions of this code or the Subdivision Map Act, the city engineer may, as a condition to granting a certificate of compliance, impose only those conditions that would have been applicable to the division of the property at the time the current owner of record acquired his/her/its interest in the property, and which had been established at such time by ordinance. The city engineer may also impose such conditions as would be applicable to a current division of the property if it is determined that the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or the city subdivision ordinance and created a parcel(s) in violation of the Map Act or this title by a grant of real property. Upon making such a determination and establishing such conditions, the city engineer shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for a certificate pursuant to this chapter, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.

e. Other Documents Which Constitute Certificates of Compliance.#

A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance with respect to the parcels of real property described therein.

f. Official Map Pursuant to Government Code Section 66499.52(b).#

An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a certificate of compliance with respect to the parcels of real property described therein and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section or, with the approval of the city engineer, within contiguous sections of land.

g. Certifying Multiple Parcels.#

The city engineer may process applications for certificates of compliance or conditional certificates of compliance concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as to compliance with the provisions of this division and with local ordinances enacted pursuant thereto, the single certificate of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each such parcel.

h. Fee.#

A processing and appeal fee as established by city council shall be charged to the applicant for processing and, if applicable, appealing the certificate of compliance.

i. Appeal of Compliance Determination.#

1.#

The applicant for a certificate of compliance may appeal the determination made by the city engineer to the city council within ten calendar days after the city engineer delivers the city engineers proposed certificate to the applicant. The city engineer shall not record the certificate during said ten day period. If no written appeal, with appropriate fee, is received by the city clerk within said appeal period, it shall be conclusively deemed that the applicant has waived his/her/its appeal rights and consents to the recordation of the proposed certificate. Immediately after the appeal period has passed without an appeal being timely filed, the city engineer shall record the certificate.

2.#

Upon appeal, the city council shall hear the matter de novo, and the city council's decision shall be final.

(Ord. No. 749, § 7.33.006; Ord. No. 967, § 18; Ord. No. 1059, § 20; Ord. No. 1128, § 32; Ord. No. 1379, § 2)

9-33.008 Merger.#

a.#

Two or more contiguous parcels or units of land held by the same owner shall be merged when all of the following conditions exist, unless deemed unmerged by a certificate of compliance as provided in subsection 9-33.006.

1.#

At least one of the affected parcels is not developed with a structure, other than an accessory structure as defined in subsection 19-14.006a, for which a building permit was issued by the city or county, or which was built prior to the time such permits were required.

2.#

With respect to any affected parcel, one or more of the following conditions exists:

(a)#

Comprises less than 5,000 square feet in area§ at the time of the determination of merger.

(b)#

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(c)#

Does not meet current standards for sewage disposal and domestic water supply, as contained in sections 5-37 and 5-55, respectively, of Chapter V, Development Standards.

(d)#

Does not meet slope stability and safety standards as contained in section 5-23 of Chapter V, Development Standards, and Chapter VI of the Novato Municipal Code.

(e)#

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability as contained in Chapter V, Development Standards.

(f)#

Its development would create health or safety hazards.

(g)#

Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

3.#

For purpose of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this chapter.

4.#

Subsection 2. shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

b. Notification of Intention of Determine Status.#

Prior to recording a notice of merger, the community development director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified herein and advising the owner of the opportunity to request a hearing within 30 days on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County of Marin on the date that notice is mailed to the property owner.

c. Request for Hearing.#

At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the department of community development a request for a hearing on determination of status.

d. Procedure for Hearing.#

Upon receiving a request for a hearing on determination of status, the community development director shall fix a time, date, and place for a hearing to be conducted by the planning commission and shall so notify the property owner by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the local agency and the property owner.

e. Procedure for Determination at the Hearing.#

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in subsection 9-33.008a.

At the conclusion of the hearing, the planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.

f. Determination When No Hearing is Requested.#

If, within the 30 day period specified in subsection 9-33.008c, the owner does not file a request for a hearing, the community development director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not be merged. A determination of merger shall be recorded no later than 90 days following the mailing of notice required by subsection 9-33.008b.

g. Notice of Intention for non-Merger.#

If, in accordance with subsections 9-33.008e, or 9-33.008f, the planning commission or community development director determines that the subject property shall not be merged, it shall cause to be recorded a release of the notice of intention to determine status, recorded pursuant to subsection 9-33.008b, and shall mail a clearance letter to the then current owner of record.

h. Appeals.#

Appeals of determinations of the planning commission's or community development director's shall conform to section 9-3.010.

(Ord. No. 877, § 1; Ord. No. 938, §§ 15, 17; Ord. No. 989, § 1; Ord. No. 1059, § 21; Ord. No. 1128, §§ 33—35; Ord. No. 1379, § 2)

9-33.010 Merger Without Reversion to Acreage.#

Upon application by the record owners of property, and approval by the community development director, contiguous parcels under common ownership may be merged without reverting to acreage if no dedications or offers of dedication are to be vacated or abandoned and none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for the completion of the improvements, whichever is later. A final or parcel map shall be recorded evidencing the merger.

(Ord. No. 1059, § 22; Ord. No. 1379, § 2)

9-33.012 Unmerged Parcels.#

Any parcel which has merged under the provision of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date:

a.#

The parcel meets each of the following criteria:

1.#

Contains at least 5,000 square feet in area§;

2.#

Was created in compliance with applicable laws and ordinances in effect at the time of its creation;

3.#

Meets current standards for sewage disposal and domestic water supply;

4.#

Has legal access which is adequate for vehicular and safety equipment access and maneuverability;

5.#

Its unmerger and development would create no health or safety hazards;

6.#

The unmerged parcel would be consistent with the General Plan of any applicable specific plan, other than minimum lot size or density standards.

b.#

And, with respect to the parcel, none of the conditions stated in Section 66451.30(b)(1), (2), (3), (4), or (5) of the Subdivision Map Act exist.

(Ord. No. 1128, § 36; Ord. No. 1379, § 2)

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9-35 - Vesting Tentative Maps#

9-35.002 Citation.#

This section shall be cited and known as the Vesting Tentative Map Ordinance.

(Ord. No. 1105, § 1)

9-35.004 Purpose and Intent.#

a.#

The purpose of this section is to establish a procedure for the approval of a tentative map that provides certain statutorily vested rights to a developer under the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance Chapter IX, Article 1, of the Novato Municipal Code. Except as otherwise set forth herein, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance.

b.#

To accomplish this purpose, the regulations outlined in this section are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. No. 1105, § 1)

9-35.006 Authority.#

This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute).

(Ord. No. 1105, § 1)

9-35.008 Consistency.#

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Municipal Code.

(Ord. No. 1105, § 1)

9-35.010 Definitions.#

a.#

Vesting tentative map shall mean a tentative map that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 9-35.014, and is thereafter processed in accordance with the provisions hereof.

b.#

All other definitions set forth in the Subdivision Ordinance are applicable.

(Ord. No. 1105, § 1; Ord. No. 1264, § 1)

9-35.012 Application.#

a.#

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

b.#

If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. No. 1105, § 1; Ord. No. 1264, § 2)

9-35.014 Filing and Processing.#

a.#

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:

1.#

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

2.#

A soils report conforming to the provisions of section 9-15 shall be submitted.§

3.#

A preliminary title report shall be submitted.§

4.#

Copies of all governing documents as described in subsection 9-9.008d. shall be submitted.

5.#

Minimum scale shall be one inch equals 50 feet§ (1″ = 50′).

6.#

The preliminary grading plan shall show existing and proposed contours and heights and type of all retaining walls.

b.#

Except as otherwise provided in this section, the provisions of this chapter apply to a vesting tentative map and a vesting tentative map is processed in the same manner and is subject to the same time periods as a tentative map.

(Ord. No. 1105, § 1; Ord. No. 1128, § 37)

9-35.016 Fees.#

Upon filing an application for a vesting tentative map, the subdivider shall pay the fees for the filing and processing of a vesting tentative map as shall be specified by resolution of the city council.

(Ord. No. 1105, § 1)

9-35.018 Expiration.#

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, for the expiration of the approval or conditional approval of a tentative map.

(Ord. No. 1105, § 1)

9-35.020 Vesting on Approval of Vesting Tentative Map.#

a.#

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the date the city determines the application for a vesting map to be complete. However, if the city has formally initiated proceedings by way of ordinance or resolution and published notice of such ordinance or resolution, in accord with the procedures used by the city for publication of ordinances, to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the complete application, the city may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the city approves or disapproves the tentative map. If the subdivider requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the subdivider's request shall apply.

b.#

However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

c.#

Notwithstanding paragraph a., a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1.#

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2.#

The condition or denial is required, in order to comply with State or Federal law.

(Ord. No. 1105 § 1)

9-35.022 Duration of Development Rights.#

a.#

The right to proceed with development as set forth in subsection 9-35.020a. continues for one year following recordation of the final map or parcel map.

If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one year time period shall begin for each phase when the final map for that phase is recorded.

b.#

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection 9-35.018.

If a final map is recorded based upon a vesting tentative map and the vested development rights expire, the final map remains in effect without the vested development rights.

c.#

Extensions of development rights.

1.#

9-35.024 Development Inconsistent with Zoning; Conditional Approval#

a.#

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, the inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection 9-35.020a., confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

b.#

The rights conferred by this section shall be for the time periods set forth in subsection 9-35.022a.

(Ord. No. 1105, § 1)

---

9-36 - Fees For Construction or Reconstruction of Bridges and Major Thoroughfares#

9-36.001 Enabling Act#

This section is adopted pursuant to Section 66484 of the California Government Code. The provisions of said Section 66484 as the same may be amended from time to time, shall apply to this section and actions taken thereunder.

(Ord. No. 1133, § 1)

9-36.002 Purpose#

The City of Novato hereby requires the payment of, and shall collect, a fee as a condition of approval of a final map or issuance of a building permit, which fee is for the purpose of defraying the actual or estimated cost of constructing or reconstructing bridges or major thoroughfares.

(Ord. No. 1133, § 1)

9-36.003 Conditions#

The city may determine an area of benefit and require payment of fees for major thoroughfares which are identified on the circulation map of the Circulation Element of the Novato General Plan as "arterial" or "collector" streets (including future extensions of such streets) or are identified in the Health and Safety Element of the General Plan as being street connections that are desirable for improved emergency access (Health and Safety Policies 11 and 12) and for bridges required to cross railways, freeways, streams or canyons where shown on the circulation map.

(Ord. No. 1133, § 1)

9-36.004 Public Hearing#

The city council shall hold a public hearing for each area benefited. Notice shall be given pursuant to Section 65091 of the California Government Code. In addition to such requirements, the notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the proceedings.

(Ord. No. 1133, § 1)

9-36.005 Contents of Resolution#

At such public hearing, the city council shall establish the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment. The method of fee apportionment in the case of major thoroughfares shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. The city council shall pass a resolution describing the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing, and the city clerk shall record a certified copy of said resolution with the Marin County Recorder.

(Ord. No. 1133, § 1)

9-36.006 Payment of Fees#

Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of final map or as a condition of issuing a building permit for the property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions from other sources for payment of the share of the improvement costs apportioned to those lands.

(Ord. No. 1133, § 1)

9-36.007 Nature of Improvements#

An area of benefit shall not be established and payment of fees shall not be required unless:

a.#

The major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

b.#

The planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. The fees shall not be expended to reimburse the costs of existing bridge facility construction.

(Ord. No. 1133, § 1)

9-36.008 Protests#

a.#

At any time not later than the hour set for hearing objections to the proposed work, an owner of property located within the area of benefit may make written protest against the proposed work or against the proposed cost thereof or the allocation of such cost. Such protest must be in writing, must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk, and no other protests or objections shall be considered.

b.#

Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of a public hearing held pursuant to this section.

(Ord. No. 1133, § 1)

9-36.009 Abandonment#

a.#

If, within the time when protests may be filed under the provisions hereof, there is a written protest, filed by the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and if sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions hereof. Nothing herein shall preclude the processing and recordation of final subdivision maps in accordance with other provisions of law if proceedings are abandoned.

b.#

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions hereof to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing herein shall prohibit the city council, within such one year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

(Ord. No. 1133, § 1)

9-36.010 Use of Funds#

A fund shall be established for each planned bridge facility project or each planned major thoroughfare project, and fees paid pursuant to this section shall be deposited therein. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Money in the fund should be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City of Novato for the cost of constructing the improvement. The term "construction" as used herein includes design, acquisition of right-of-way, administration of construction contract and actual construction.

(Ord. No. 1133, § 1)

9-36.011 In-Lieu Considerations#

In lieu of payment of all or a portion of the fees imposed under the provisions of this section, the city council may require other considerations including, but not limited to: Lands and rights-of-way needed for the major thoroughfare or bridge project, legal, engineering, administrative or inspection services for the project, construction and dedication to the city of all or a portion of the major thoroughfare or bridge project or other public facilities.

(Ord. No. 1133, § 1)