§ 5-12

a.

Department shall mean the Department of Community Development of the City of Novato.

b.

City Engineer shall mean the City Engineer of the City of Novato.

c.

Dam shall mean any artificial barrier, together with appurtenant works, if any, across a stream, channel, watercourse, or natural drainage area, which does or may impound or divert water, and which is less than 25 feet in height from natural stream bed to crest of spillway, or has an impounding capacity of less than 50 acre feet. No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levy, no railroad fill or structure, and no road or highway fill or structure, shall be considered a dam.

d.

Owner shall mean and include any person, firm corporation, or any duly authorized agents, lessees or trustees thereof who own, control, operate, maintain, manage or propose to construct a dam.

e.

Alteration, repairs or either of them shall mean only such alterations or repairs as may affect the safety of a dam.

f.

Enlargement shall mean any change in or addition to an existing dam which raises or may raise the water storage elevation of the water impounded by the dam. Water storage elevation means that elevation of water surface which could be obtained by the existing dam as previously operated were there no outflow and were the reservoir full of water.

(Ord. No. 923, § 1; Ord. No. 989, § 1)

5-12.004 Duties and Liabilities Incident to Ownership or Operation. Nothing in this section shall be construed to relieve an operator of a dam of the legal duties, obligations or liabilities incident to the ownership or operation of the dam.

(Ord. No. 92.3, § 1)

5-12.006 Administration. It shall be the duty of the city engineer to administer the provisions of this section and to supervise the construction, enlargement, alteration, repair, maintenance, operation and removal of dams for the protection of life and property on behalf of the department of community development.

(Ord. No. 923, § 1; Ord. No. 989, § 1)

5-12.008 Departmental Approval. It is unlawful to construct, enlarge, repair, alter, remove, maintain or operate any dam except upon approval of the department as provided in this section.

(Ord. No. 923, § l)

5-12.010 Entry on Private Property. In making any investigations or inspections required or authorized by this chapter, the department, or its representatives, may enter upon private property as may be necessary.

(Ord. No. 923, § 1)

5-12.012 Inspection by Department. The department shall make inspection of dams in the incorporated limits of the city at city expense for the purpose of determining their safety, but shall require owners to perform at their expense such work as is necessary to disclose information sufficient to enable the department to determine conditions of the dams in regard to their safety and to perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property.

(Ord. No. 923, § 1)

5-12.014 Emergency Work. If the condition of any dam is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation, the department may do any of the following:

a.

Lower the water level by releasing water from the reservoir;

b.

Completely empty the reservoir;

c.

Take such other steps as may be essential to safeguard life and property.

The department shall continue in full charge and control of such dam and reservoir and its appurtenances until they are rendered safe or the emergency occasioning the action has ceased. The cost and expenses of the remedial means provided in this section, including cost of any work done to render a dam or its appurtenances safe shall be recoverable by the city from the owner by action brought in a court of appropriate jurisdiction.

(Ord. No. 923, § 1)

5-12.016 Applications for Approval of Construction, Enlargement, Repair, Alteration or Removal of Dams. The construction, enlargement, repair, alteration or removal of any dam shall not be commenced until the owner has applied for and obtained from the department written approval of such action as provided for herein. A separate application for each dam shall be filed with the department upon forms provided by it and shall give the following information:

a.

The name and address of the owner;

b.

The location, type, size and height of the dam and appurtenant works;

c.

The storage capacity of the reservoir;

d.

As accurately as may be readily obtained, the area of the drainage basin, rainfall and stream flow records, and flood flow records and estimates;

e.

The purpose for which the impounded or diverted water is to be used;

f.

Maps, plans and specifications of such character and size and setting forth such pertinent details and dimensions as the department requires;

g.

The proposed time of commencement and of completion of the work covered by the application;

h.

Such other pertinent information as the department requires, such as, but not limited to, the following: subsoil and foundation condition and a report of a recognized soils engineer.

Upon the filing of such application, the department shall review the same and may in connection with the approval of any such application impose any appropriate conditions or requirements in connection with the work to be done. Notwithstanding the foregoing provisions of this section, emergency work necessary to safeguard life and property may be started immediately upon any existing dam but the department shall be notified at once of proposed repairs and of work underway.

(Ord. No. 923, § 1)

5-12.018 Time for Commencing Construction. Actual construction in accordance with an approved application, shall be commenced within one year after date of approval, otherwise the approval becomes void. The department may, however, upon written application and for good cause shown, extend the time for commencing construction. In any event, notice shall be given to the department at least ten days before any construction is to be commenced and such other notices shall be given to the department as it may require.

(Ord. No. 923, § 1)

5-12.020 Inspection and Approval of Completed Work. Immediately upon completion of any work covered by a previously approved application, the owner shall give a notice of completion to the department and as soon thereafter as possible shall file with the department supplementary drawings or descriptive matter showing or describing the dam as actually constructed, and such other information as the department may require which may include but is not necessarily limited to the following:

a.

A record of all grout holes and grouting;

b.

A record of permanent location points and benchmarks:

c.

A record of tests of concrete or other material used in the construction of the dam;

d.

Any other items which may be of permanent value and have a hearing on the safety and permanency of the dam.

Upon giving notice of the completion of such work to the department and upon the filing of such information, the department shall inspect the completed work. The department shall issue a certificate of approval upon a finding that the work has been done in accordance with the approved plans and

specifications and that the dam is safe for use to the full extent contemplated in the approved plans and specifications. Pending issuance of such a certificate of approval by the department, the dam shall not be used except upon written consent from the department and subject to such conditions as may be reasonably imposed by it for the protection of life and property. If the work to be done consists of the removal of an existing dam, no certificate of approval of such work shall be issued until the department has inspected the work and has determined that all danger to life and property has been eliminated.

(Ord. No. 923, § 1)

5-12.022 Dams Existing Prior to the Adoption of this Section. The department may make such inspections as it deems necessary of all dams existing prior to the date of adoption of this section and shall inspect upon the written request by the owner of any such dam and in connection therewith, may require the owners of such dams to perform at their expense such works or tests as are necessary to disclose information sufficient to enable the department to determine whether to issue certificate of approval of such existing dam or to issue orders directing further work at the owner's expense necessary to safeguard life and property. If upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam is safe to the full extent for which use is or will be made, a certificate of approval of such existing dam shall be issued.

(Ord. No. 923, § 1)

5-12.024 Complaints as to Unsafe Conditions. Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, maintenance or operation of any dam, the department shall cause such inspection as it may deem necessary to be made of such dam. If it is found that an unsafe condition exists, the department shall take such action as is necessary to render or cause the condition to be rendered safe. Such action may include the requirement that the owner make any necessary repairs or alterations to such dam.

(Ord. No. 923, § 1)

5-12.026 Inspection During Progress of Work. During the construction, enlargement, repair, alteration or removal of any dam, the department shall make continuous or periodical inspections for the purpose of securing conformity with the approved plans and specifications. If after any inspections, investigations or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval it is found by the department that amendments, modifications or changes are necessary to insure safety, the department may order the owner to revise the plans and specifications. If conditions are revealed which will not permit the construction of a safe dam, the approval of the application for permission for construction may be revoked. If at any time during the construction, enlargement, repair or alteration of any dam the department finds that the work is not being done in accordance with the provisions of the approval and the approved plans and specifications, it shall give written notice thereof to the owner. Such notice shall state the particulars in which the approval and approved plans and specifications are not being or have not been complied with and shall order the immediate compliance with the approval and approved plans and specifications. The department may order that no further work be done until such compliance has been effected and approved by the department. A failure to comply with the approval and approved plans and specifications shall render the approval subject to revocation by the department if compliance is not made in accordance therewith after notice and order from the department, as provided herein.

(Ord. No. 923, § 1)

5-12.028 Interference with Department. Any person who willfully obstructs, hinders or prevents the department or its agents or employees from performing the duties imposed by this part or who willfully resists the exercise of the control and supervision conferred by this part upon the department, or its agents or employees shall be guilty of a violation of this section and shall be subject to punishment as provided in this chapter.

(Ord. No. 923, § 1)

5-12.030 Prohibited Acts. Any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor who knowingly does work or permits work to be executed on the dam without an approval or in violation of or contrary to any approval as provided for in this section is guilty of a violation of this section and shall be subject to punishment as provided in this chapter.

(Ord. No. 923, § 1)

5-13 - Developments with Undivided Interests in Common Areas (Condominiums, Condominium Conversions, Planned Subdivisions).

5-13.002 Requirements. All developments which involve undivided interests in common areas shall establish maintenance and management provisions to insure the ongoing success of the complex and, in residential projects of this type, personal storage, and laundry facilities will be provided in a manner which equates to single-family detached units.

(Ord. No. 750, § 9.13.002; Ord. No. 1127, § 12)

5-13.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

(Ord. No. 750, § 9.13.004; Ord. No. 948, § 16)

5-13.006 Purpose. The city has determined that developments involving undivided interests in common areas, where owner associations are to assume the responsibilities of administering the common area, require special provisions to insure that problems characteristic of such developments are adequately dealt with. Those problem areas include:

a.

Inadequate parking due to long-term owner occupancy, as opposed to short-term rental occupancy.

b.

Inadequate storage due to long-term owner occupancy, as opposed to short-term rental occupancy.

c.

The need to specify clear and complete management and maintenance responsibility.

d.

The need for the association to have proper guidance in its early years.

e.

The need to insure that conversion of apartments does not reduce number of rental units to an unacceptable level based on the vacancy factor.

f.

The need to insure that the conversion of rental units to ownership units provides other amenities suitable to long-term owner occupancy.

g.

The need to insure that older buildings which are converted to common ownership are in conformance with current codes.

(Ord. No. 750, § 9.13.006)

5-13.008 Acceptable Standards. The following standards shall be met as a prerequisite to the approval of a tentative map for condominium, condominium conversion and other projects with undivided interest in common areas.

a.

For Residential Developments:

1.

Parking, when required, shall be provided consistent with the requirements of section 5-33.

2.

In addition to closet space normal to the unit, storage space shall be provided for each unit, in accordance with the following formula:

(a)

One cubic foot or storage area for each three square feet of net unit floor area. Net area shall not include stairs, closets, or mechanical rooms.

(b)

The minimum internal dimension of such space shall not be less than four feet.

3.

As a prerequisite for the conversion of existing rental apartments, the current citywide vacancy factor in existing multiple-residential rental developments (having three or more units) shall not be less than five percent. The rental vacancy rate shall be determined by a vacancy survey conducted when an application for a condominium conversion is submitted. The vacancy survey shall be initiated by the city, paid for by the applicant, and conducted by a consultant with experience in performing vacancy surveys and determining rental vacancy rates.

(a)

Limited equity housing cooperatives that provide long-term affordability for very low- or low-income households are exempt from the citywide vacancy factor noted in subsection 3, above.

(1)

A limited equity housing cooperative is defined in section 817 and 4190 of California Civil Code.

4.

A minimum of 20 percent of units shall be affordable to lower income households if the proposed condominium conversion includes three or more residential units. The level of affordability, standards, housing agreement(s), and all other procedural and regulatory requirements shall be consistent with Novato Municipal Code division 19.24.

5.

Tenant's Right to Purchase Units.

(a)

All Units. The applicant shall, as a condition of approval of the tentative map, and before offering the unit for sale to the general public, be required to provide tenants with an exclusive right to contract for the purchase of the unit occupied by the tenant upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The right shall run for a period of 90 days from the date of issuance of the subdivision public report pursuant to section 11018 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. At least ten days prior to the submission of an application to the department of real estate for a public report, the applicant shall provide notice to each tenant in the project of the fact that the application for a public report will be submitted and that upon the issuance of the public report the tenant will be granted an exclusive right to contract for the purchase of the unit occupied by the tenant upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The notice shall further indicate the project will be subject to conditions, covenants, and restrictions that establish a homeowners' association to manage the project, that may restrict how the property is used, and that impose certain financial obligations on the owners of units within the project, such as the payment of monthly homeowners' association dues. In addition, within ten days of the

issuance of the public report, the applicant shall by mail notify each tenant in writing that the public report has been issued and shall in writing grant the tenant the right to purchase the unit as provided in this section. If the notice is not mailed within ten days of the issuance of the public report, the tenant's right to purchase granted pursuant to this section shall be extended for a period equal to 80 days from mailing of the notification.

(b)

Affordable Units. If a tenant occupies an inclusionary unit pursuant to the city's affordable housing requirements ordinance (division 19.24), all of the provisions of subsection A shall apply except as otherwise provided in this subsection B. The applicant shall initially determine the income category (i.e., very low, low, or moderate income) under division 19.24 at which the inclusionary unit is being rented to the tenant. The applicant shall thereupon offer the unit to the tenant at the sales price that a unit in the unit's income category could be sold under division 19.24, subject to the city's certification of the tenant's qualifications to purchase the unit. Should the city determine that the tenant's household income is such that the tenant does not qualify to purchase the unit within the income category at which it is offered, the applicant shall:

(1)

Offer the unit to the tenant pursuant to subsection A. If the tenant accepts the offer, the applicant shall convert a unit within the project not previously designated as an inclusionary unit to an inclusionary unit in the income category of the unit purchased by the tenant. The number of bedrooms in the converted unit shall be equal to or greater than the number of bedrooms in the unit purchased by the tenant.

(2)

If the city determines that the tenant's household income is such that it meets one of the other income categories set forth in division 19.24 (i.e., very low, low, and moderate incomes), and provided that there are available inclusionary units within the project at that income category, offer the unit to the tenant at a sales price that a unit in the tenant's income category could be sold under division 19.24, subject to the city's certification of the tenant's qualifications to purchase the unit. If the tenant accepts the offer, the available unit shall be designated as an affordable unit in the income category at which the unit purchased by the tenant was previously rented.

6.

Tenant Protections. The applicant shall, as a condition of approval of the tentative map, be required to implement the tenant relocation assistance plan that is approved by the city prior to recordation of the parcel map or final map. The tenant relocation assistance plan shall be prepared by the applicant and shall indicate the applicant's commitment to provide the tenant benefits required by this section:

(a)

The tenant relocation assistance plan shall be consistent with section 1946.2 of California Civil Code.

b.

For All Types of Developments.

1.

The CC&R's shall contain specific provisions for the maintenance of the common areas such that those areas are kept in good condition and repair.

2.

The CC&R's shall include a stipulation that professional management shall be engaged to assist the owners association for the first two years of the association's existence.

3.

At the time the purchaser is presented with the documents required by Civil Code Section 1368, the purchaser shall also be presented with a listing of the estimated assessments to be imposed on the owners broken down into the various assessment categories, as required by the regulations of the California Department of Real Estate.

4.

The CC&R's shall contain a stipulation that the maintenance and management provisions required by this chapter may not be deleted or amended without the prior approval of the Novato planning commission.

5.

In conversions to condominium or planned subdivision, the structures and grounds shall be in a state of good appearance and repair and shall conform to all code requirements which were in effect at the time the development was built.

(Ord. No. 750, § 9.13.006; Ord. No. 1127, §§ 13, 14; Ord. No. 1718, § 3(Exh. E), 9-10-2024)

5-14 - Reserved.

5-15 - Drainage.

5-15.002 Requirement. Each affected permit or approval process shall provide for a storm water drainage system.

(Ord. No. 750, § 9.15.002)

(Ord. No. 1718, § 3(Exh. E), 9-10-2024)

5-15.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Lot line adjustments

d.

Building permit

e.

Plan review

f.

Precise development plan

g.

Grading permit

h.

Encroachment permit

i.

Certificate of compliance

(Ord. No. 750, § 9.15.004; Ord. No. 948, § 17)

5-15.006 Purpose. Standards for drainage are necessary to insure that underground and surface waters are conducted through and away from developments in such a manner as to not detrimentally affect other properties; insure that underground and surface water is not a problem within the completed development; and further, to correct or improve existing underground or surface water problems within the boundaries of the development and within the immediately affected surrounding area.

(Ord. No. 750, § 9.15.006)

5-15.008 Acceptable Standards.

a.

Hydrologic Design. Hydrologic design shall be predicated upon ultimate development, as projected by the Novato General Plan, of the tributary watershed. All proposed projects which contain or are contiguous to drainage channels and waterways within the jurisdiction of the Marin County Flood Control and Water Conservation District shall be referred to said district for review and comment. Flood flows to be used for the design of waterways, channels and closed conduits shall accommodate existing flow or have minimum average recurrence intervals as follows, whichever is greater:

Major drainage channels shall be designed for an average recurrence of 100 years.

2.

Secondary and minor drainage channels shall be designed for an average recurrence interval of 25 years.

b.

Hydraulic Design. For the solution of hydraulic design problems, the design engineer shall provide topographic drainage maps, drainage calculations, model studies, reports, or prototype tests as necessary to confirm the hydraulic design.

Design depth of flow in gutters shall not exceed 0.4 foot. Where design depth exceeds 0.4 feet, a closed conduit system shall be provided.

c.

Open Channel Systems. Open channel drainage systems shall be designed to carry the quantity of flow determined as set forth in Section 9.15.008 with adequate freeboard between design water surface and the top of bank. Bridges, culverts and utility crossings which span open channel systems shall have a minimum clearance from soffit to design water surface of 2.0 feet.

d.

Pressure Flow System. Minor drainage channels placed in pressure flow systems may be designed for full conduit capacity, provided that adequate provisions are made for losses such as friction, bends, transitions, debris and entrance and exit conditions, and provided further that adequate freeboard is provided at the entrance and at all inlets to the system.

e.

Alignment, Slope Protection and Structural Design. Structures shall be designed and constructed such that hydraulic conditions in the upstream and downstream waterway will not be altered to cause degradation, erosion or other undesirable effects.

f.

Constructed Channels.

1.

Minimum Radii. Minimum centerline radii for curves in constructed channels and waterways shall be three times the top width of the channel.

2.

Side Slopes. Grassed channels or loose rock rip-rapped channels shall have side slopes not steeper than two to one. Lined channels shall have side slopes not steeper than 1.5 to one unless designed structurally to resist all lateral loads applied to bank lining. Channels shall have flatter side slopes if soil instability appears probable from field investigation. Design of slopes in unstable soils shall be predicated upon

results of an investigation by a registered professional engineer qualified in soils engineering. Earth channels, in those areas not otherwise protected, shall be planted with an approved grass seed to establish a vegetative cover to the top of channel banks.

3.

Hydraulic Jump. At drop structures or in other locations where a hydraulic jump may be formed, bank and channel invert protection shall be provided.

g.

Closed Conduits.

1.

Minimum Size. Minimum inside diameter of conduits shall be equal to a circular 15-inch pipe, except that for yard drains and other minor lot drainage, smaller conduits may be permitted by the city engineer.

2.

Entrances. Entrance structures shall be designed to allow passage of water with anticipated debris loading at entrance. The design for entrance structures shall include screening which will preclude human entry.

3.

Hydraulic Design. For major drainage channels, the design depth in closed conduits shall not exceed 0.80 of the vertical dimension or equivalent diameter of the conduit.

4.

Alignment. The alignment of closed conduits shall be as nearly straight as practicable. Manholes or some other acceptable means of access shall be provided at or near all junctions, at all bends which are sharper than those formed by standard single bevel concrete pipe, and at intervals not to exceed 400 feet along the conduit.

5.

Catch Basins. Catch basins shall be placed on the uphill side of curb returns whenever the gutter slope exceeds two percent or the computed gutter flow reaches a depth of 0.2 foot or more. Additionally, if the gutter slope exceeds three percent, a drainage gallery should be used to direct the flow into the catch basin. Gallery length shall depend on the respective gutter slope and quantity of flow. If practical, gutter flow shall be intercepted uphill of crosswalks.

6.

Gradients. The gradient for earth ditches shall not exceed four percent nor be less than one percent. The gradient for lined or paved ditches and gutters should not be less than one percent and shall be not less than 0.5 percent.

Structural Design. Closed conduits, including nonreinforced and cast-in-place concrete pipe, shall be structurally designed to withstand earth and surcharge loads normally anticipated to be imposed thereon. Clearance between top of pipe and ground shall be sufficient to preclude displacement of or damage to conduit by all loading and surface land uses. Where seismic or other constraints are determined to have a highly potential negative effect upon closed conduits, the structural design shall consider these constraints.

8.

Conduit Materials. Conduits shall be designed to have a minimum useful life of 50 years. Galvanized metal conduit will not be acceptable unless extra protection is provided to prolong its design life. In the event of erosive conditions, extra wearing surface will also be required.

Closed conduits discharging into open channels or waterways shall be provided with necessary designed pipe outlets and endwalls.

9.

Outlets. Excessive outlet velocities shall be controlled with energy dissipators or other means. Endwalls shall be adequately designed to protect the embankment.

h.

Site Drainage.

1.

General Requirements:

(a)

Site drainage, from or to adjoining properties, shall not be blocked or altered. Existing drainage patterns shall be maintained or improved. Site grading shall direct storm water flows away from structures to a drainage facility. No inundation of floors or garage slabs shall occur during short, intense storms (two inches per hour for 30 minutes duration) and no inundation of floors or garage slabs shall occur during a major storm (100-year recurrence interval). For "sag" conditions, shall occur during short, intense storms (two inches per hour for 30 minutes duration) and no inundation of floors or garage slabs shall occur during a major storm (100-year recurrence interval). For "sag" conditions, factors of safety shall be designed into the grading/drainage facility relationships commensurate with potential overland flow if blockage of the drainage facility occurs.

(b)

Underfloor areas of dwellings shall be kept free of standing water. The builder shall provide drains, grading, pumps or waterproofing to prevent entry of surface water, or subterranean water in the underfloor area of a dwelling.

2.

Specific Requirements:

(a)

Rain gutters shall be provided along the roof eaves and shall be connected to downspouts. The chief building inspector may waive the requirement of eave gutters where roofs are small (such as small porch roofs) and water near the foundation would not cause erosion or foundation problems. Downspouts shall be connected to a closed conduit system that discharges to an approved outlet. Alternatively, downspouts shall, at the direction of the department of community development, be provided with splashblocks at least 24 inches long leading away from the structure. After water discharges from the splashblock, the drainage shall flow away from and/or parallel to the structure. Additional drainage facilities may be required to provide for steep and/or specific soils conditions in order to prevent erosion.

(b)

Foundation drain holes shall be provided through the foundation wall in at least two locations. The locations shall be selected to facilitate gravity drainage of the underfloor area. Until utilized, the drain holes may be plugged with "knockouts" and the location of the drainholes shall be clearly and permanently marked on the exterior of the structure at a point at least four inches above finished grade.

(c)

Minimum grade on a lot and building pad shall be one percent. Swales constructed to provide lot drainage shall be designed at minimum one percent grade from the rear of the structure to an approved drainage facility. The underfloor area of a dwelling shall be graded at a minimum grade of one percent towards the foundation drain holes or approved outlet. Where minimum surface grades are not provided, underground drainage facilities shall be installed.

(d)

Roof downspouts and footing drains, where installed, shall be connected to separate drainage facilities.

(Ord. No. 750, § 9.15.008; Ord. No. 948, §§ 18—24; Ord. No. 989, § 1; Ord. No. 1127, § 15)

5-16 - Reserved.

5-17 - Driveways.

5-17.002 Requirement. Each submission under an affected permit or approval process shall clearly show how a safe and functional driveway connection, between the street and the required on-site parking, shall be provided.

(Ord. No. 750, § 9.17.002)

5-17.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Precise development plan

d.

Plan review

e.

Building permit

f.

Certificate of compliance

(Ord. No. 750, § 9.17.004; Ord. No. 948, § 25)

5-17.006 Purpose. Safe and functional driveway access is a primary factor in the process of determining whether or not a lot or development site can be developed as proposed and therefore must be shown to permit proper evaluation of the affected permit or approval application.

(Ord. No. 750, § 9.17.006)

5-17.008 Standard.

a.

Intersection with Streets. Where a driveway intersects a street, every attempt shall be made to intersect a 90-degree angle.

b.

Widths and Alignments. The minimum paved width of residential driveways shall be 12 feet. Driveway alignments shall be designed to provide for safe access by fire fighting equipment.

c.

Grades. Maximum gradient measured along the centerline should not be steeper than 18 percent and shall not be steeper than 25 percent. Where a driveway has a gradient of 18 percent or greater, the length of the driveway shall not exceed 1,000 feet unless flatter areas are provided as approved by the city engineer.

d.

Grade Changes. Allowable changes in grade at the intersection of the driveway with both the street and required parking pad shall be as approved by the city engineer. Such changes in grade will not require a vertical curve. Other changes in gradient of more than five percent shall be connected by a vertical curve to provide adequate vehicle clearance. Sag vertical curves shall have lengths in feet equal to one and one-half times the percent of grade change through the curve. Crest vertical curves shall have lengths in feet equal to the percent of grade change through the curve.

e.

Structural Section. Driveway structural sections shall be approved by the city engineer. The minimum structural section for residential driveways shall be two inches of asphalt concrete over six inches of Class 2 aggregate base. The minimum structural section for all other driveways shall be two inches of asphalt concrete over eight inches of Class 2 aggregate base. Four inches of Portland cement concrete may be substituted as a minimum structural section for residential driveways, and five inches of Portland cement concrete may be substituted as a minimum structural section for all other driveways.

Driveways with grades in excess of 20 percent shall be of Portland cement concrete construction with a rough finish surface.

(Ord. No. 750, § 9.17.008; Ord. No. 948, §§ 26—27; Ord. No. 1127, § 16)

5-18 - Removal or Correction of Driveway Culverts and Driveways.*

(Ord. No. 1127, § 10)

• Editor's Note: Section 5-18 was originally codified in Chapter IV as section 4-5. Ordinance No. 1127, § 10 renumbered these provisions to sections 5-18.

5-18.002 Violation. Any persons, firm or corporation, whether as principal, agent, employee, or otherwise, who causes, permits, or constructs:

a.

Any collapsed, broken, or damaged driveway culvert which causes a driving hazard to exist or impedes the proper flow of the roadside drainage; or

b.

Any driveway culvert which, because of its size, shape, or elevation impedes the proper flow of roadside drainage; or

c.

Any driveway without a culvert in a city street right-of-way where proper flow of roadside drainage requires a culvert be constructed is guilty of an infraction and upon conviction shall be punished as specified in subsection 1-5.1.

For purposes of this chapter, a driveway culvert is defined as a conduit of any material constructed under a driveway within a city street right-of-way for the purpose of conducting water under the driveway. It shall be the duty of the city engineer to determine when such traffic hazards exist and when the proper flow of roadside drainage is impeded.

(Ord. No. 923, § 1; Ord. No. 989, § 1; Ord. No. 1056, § III)

5-18.004 Enforcement. The following parties may enforce the provisions of section 5-18 by the arrest or by the issuance of citations. Persons employed in such positions and authorized to exercise the authority

provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the community development director for any violations of section 5-18. The designated employee positions are:

a.

Community development director; or

b.

The designee of the community development director. It shall be the duty of the chief of police of the city to render any and all necessary assistance to the community development director for the enforcement of section 5-18.

(Ord. No. 923, § 1; Ord. No. 1056, § III)

5-19 - Easements/Dedications/Waivers of Vehicular Access.

5-19.002 Requirement. Offers of dedication, easement and waivers of vehicular access, to the city or other appropriate governing body or utility company, shall be made where such dedication, easement or waiver is required as a condition of approval of the affected permit or approval process.

(Ord. No. 750, § 9.19.002)

5-19.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Lot line adjustment

d.

Final subdivision map

e.

Parcel map

f.

Certificate of compliance

g.

Precise development plan

h.

Use permit

i.

Plan review

j.

Building permit

k.

Variance

(Ord. No. 750, § 9.19.004; Ord. No. 948, § 28)

5-19.006 Purpose. To allow the rights of installation and maintenance necessary in the provision of public or utility services and to protect or control the use of land or improvements consistent with the intent of the permit or grant of approval.

(Ord. No. 750, § 9.19.006)

5-19.008 Standard.

a.

Street Dedications. Street dedications shall be of sufficient width to accommodate all street-related improvements including curbs, gutters, sidewalks, drainage structures, and normal utility distribution lines.

b.

Waiver of Vehicular Access. Waivers of vehicular access may be required where such vehicular access is determined as hazardous, undesirable or inconsistent with the level or type of improvements (existing or proposed).

c.

Drainage and Drainage Access Easements. Drainage and drainage access easements shall conform substantially with the line of any natural or artificial water course or channel, stream or creek that traverses the property. Easements for underground conduits for disposal of surface and storm waters, together with required easements for overflow and ponding and vehicular access easements necessary to provide for the proper maintenance of drainage facilities shall be provided. All such easements shall be of sufficient width for the purpose intended, as determined by the city engineer, and in no case shall such an easement be less than ten feet in width.

d.

Pedestrian Easements. Pedestrian easements may be required where pedestrian facilities are not contained within roadway easements.

e.

Bicycle and Equestrian Easements. Bicycle and equestrian easements may be required where those improvements are established or are to be established on private property in accordance with or as a condition of city approval.

f.

Slope Easements. Where a cut or fill slope, resulting from roadway placement, is outside the normal rightof-way of the street, a slope easement may be required of sufficient width to permit maintenance of the slopes.

g.

Public Utility Easements. Public utility easements at least ten feet in width may be required along the rear and sides of lots and in other locations at an appropriate width for the accommodation of utility facilities.

h.

Emergency Access Easements. Emergency access easements may be required to connect streets or in other cases where alternate emergency routes may be required.

i.

Sewer and or Water Line Easements. Sewer and/or water line easements may be required for the installation, maintenance, and repair of sewer lines and water lines and their appurtenances.

j.

Other Interests. Other interests in real property, including, but not limited to open space, may be granted to the city in conformance with State law.

(Ord. No. 750, § 9.19.008; Ord. No. 948, §§ 29—30)

5-20 - Reserved.

5-21 - Fire Safety.

5-21.002 Requirement. All affected permit or request for approval applications shall include fire safety provisions.

(Ord. No. 750, § 9.21.002)

5-21.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Master plan

d.

Precise development plan

e.

Plan review

f.

Use permit

g.

Building permit

h.

Grading permit

i.

Certificate of compliance

(Ord. No. 750, § 9.21.004; Ord. No. 948, § 31)

5-21.006 Purpose. To minimize the hazard to life and property due to fire.

(Ord. No. 750, § 9.21.006)

5-21.008 Standard.

a.

General. The City of Novato recognizes the Novato fire district as the agency responsible for providing fire prevention and fire fighting services to the incorporated area of the City of Novato. Therefore, all applications for permits or approvals affected by this chapter shall be referred to the Novato fire district for its review and comment.

b.

Specific.

1.

Street grades shall not exceed 18 percent due to:

(a)

The inability of certain major equipment to properly function on such grades.

(b)

The potential for equipment (hoses primarily) to fall from trucks at such grades.

(c)

The reduced speed and thus increased response times such grades cause.

2.

Single access point streets such as cul-de-sacs shall not be longer than 800 feet.

3.

Where developments include proposed open space dedications or where developments abut existing open space, access for fire equipment to that open space shall be provided.

4.

Developments, including reroofing projects, proposed in high hazard fire areas shall use fire-resistive roofing material. The determination as to whether or not a specific material is fire-resistive shall be made by the chief building official of the city.

High fire hazard areas are more specifically defined on Map 3-2, "Hazardous Fire Areas," of the Novato General Plan.

5.

Any development/construction to occur in areas defined by the Novato fire district board as high hazard fire areas shall, prior to final clearance for occupancy or use, eliminate all of the following types of vegetation, except single specimen shrubs or trees, within 30 feet (or up to 100 feet for extra hazardous conditions upon direction of the fire chief) of all structures:

Scotch broom

Madrone

Coyote bush

Chamise

Manzanita

Other noxious or hazardous growth which may pose a fire hazard and shall, upon direction of the fire chief, trim all trees to achieve a minimum clearance of ten feet of the top of chimney flues.

6.

Any exceptions to the minimum street standards, specified in section 5-45, shall not be granted without securing the comments and recommendations of the Novato fire district.

7.

Development(s) requiring the installation of fire hydrants shall:

(a)

Have hydrants installed and operational by or before any framing stage of wood construction.

(b)

Paint curbing red in front of hydrants to effect the minimum distance between fire hydrant and parking vehicles as specified in the California Vehicle Code.

(Ord. No. 750, § 9.21.008; Ord. No. 948, §§ 32—36; Ord. No. 1127, § 17)