§ 5-5

a.

For the purpose of this chapter certain words and terms used herein are defined as set forth in this section. In some cases, a definition is contained within the main body of the chapter and where that is the case, a reference is contained in this section.

b.

All words used in the present tense shall include the future; all words used in the plural shall include the singular and all words in the singular shall include the plural unless, in each previous case, the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure," and the word "shall" is mandatory and not directory.

(Ord. No. 750, § 9.05.002)

"ADT" shall mean Average Daily Traffic and is the average number of vehicles using or projected to use a particular street or section thereof in a 24-hour period. The source of this number shall be the city engineer who shall determine this number in accordance with known and accepted traffic engineering practice.

"Alley" shall mean a street which primarily provides service access as secondary access to two or more lots or sites.

"Arterial street" - See Section 5-45

(Ord. No. 750, § 9.05.003)

5-5.004 Words or Terms Beginning with "B".

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

"City coordinate system" shall mean a series of monuments based on Zone 3 of the California Coordinate System, adopted by the city for use in horizontal control.

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

"Collector street" - See section 5-45.

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

"Conditions, covenants and restrictions (CC&R's)" are the written promises, terms, and limitations of ownership, signed and recorded by the subdivider of the condominium or planned unit development prior to the sale of the units.

"Cul-de-sac" - See section 5-45.

"Cut face" shall mean that surface which results by the process of excavation.

"Cut slope" shall mean any cut face which has a slope which equals or is steeper than 25% (4 to 1 - run to rise).

(Ord. No. 750, § 9.05.005; Ord. No. 948, § 5; Ord. No. 989, § 1)

5-5.006 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.

"Development" shall mean any activity involving the use of land, the construction of buildings and/or structures, the installation of improvements or the modification of existing topography through grading.

"Drainage channel"

a.

"Major" shall mean open channels or closed conduits which serve a drainage area of four square miles or more.

b.

"Minor" shall mean open channels or closed conduits which serve a drainage area of one square mile or less.

c.

"Secondary" shall mean open channels or closed conduits which serve a drainage area less than four square miles and more than one square mile.

"Driveway" shall mean the vehicular pathway connecting the street to the designated on-site parking space(s).

(Ord. No. 750, § 9.05.006; Ord. No. 989, § 1)

5-5.007 Words or Terms Beginning with "E".

"Easements" shall mean dedicated or recorded rights-of-way for purposes of access, drainage facilities, public utilities, vehicular or pedestrian ways, bike paths, riding or biking trails, or other necessary uses or facilities located outside of the street right-of-way.

(Ord. No. 750, § 9.05.007)

5-5.008 Words or Terms Beginning with "F".

"Fill face" shall mean that surface which results from the placement of fill materials.

"Fill slope" shall mean any fill face which has a slope which equals or is steeper than 25% (4 to 1 - run to rise).

"Final map" shall mean a map prepared in accordance with the provisions of the Novato Subdivision Ordinance and the Map Act of the State of California, which map is designed to be filed in the office of the recorder of Marin County.

"Finished grade" shall mean the topographic condition of the ground at the completion of a project.

"Flag lot" or "panhandle lot" shall mean a lot which has a narrow section connecting the building site with the street. Normally, the primary or large portion of the lot is situated behind other lots which have the required full street frontage. The panhandle lot is connected to the street by a narrow area between the other lots facing the street.

"Frontage" shall mean the length of the property line of a lot which line also defines one side of a street (a right-of-way line).

"Frontage improvements" shall mean those physical improvements which normally consist of curb, gutter, sidewalks, street lighting, planting, drainage facilities, and paving, or any combination thereof which are installed or are required by this chapter as elements of a street.

(Ord. No. 750, § 9.05.008; Ord. No. 948, §§ 6—7)

5-5.009 Words or Terms Beginning with "G".

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

"Grade" shall mean the angle of deviation from horizontal expressed as a percentage ratio of height to length: grade = 100 x H/L percent.

"Grading" shall mean the act of modifying the existing physical form (topography) of land by excavation or filling.

(Ord. No. 750, § 9.05.009; Ord. No. 948, § 8)

5-5.010 Words or Terms Beginning with "H".

"Health department"

(Ord. No. 750, § 9.05.010; Reserved by Ord. No. 948, § 9)

5-5.011 Words or Terms Beginning with "I".

"Improvement" shall mean all on-site or off-site work to be installed, or agreed to be installed, by the developer, which is necessary for completion of the project or that element or portion of the project for which the permit or grant of approval has been given. Improvement includes but is not limited to grading (rough and final), drainage, utilities, services (water, sewer, cable TV), landscaping, irrigation, lighting, driveways, parking, walkways, recreation facilities, etc.

"Improvement plan" shall mean working drawings prepared by persons qualified by license, registration or other legal prerequisite, showing the location and construction details of all improvements to be installed. Where applicable, engineering calculations are considered a required element of improvement plans.

"Industrial street" - See Section 5-45.

(Ord. No. 750, § 9.05.011)

5-5.012 Words or Terms Beginning with "L".

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

(Ord. No. 750, § 9.05.012)

5-5.013 Words or Terms Beginning with "M".

"Minor residential street" - See Section 5-45.

(Ord. No. 750, § 9.05.013)

5-5.014 Words or Terms Beginning with "N".

"Natural grade" shall mean the topographic condition of ground which has not been altered by grading or other unnatural means.

(Ord. No. 750, § 9.05.014)

5-5.015 Words or Terms Beginning with "O".

"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, use or development.

(Ord. No. 750, § 9.05.015)

5-5.016 Words or Terms Beginning with "P".

"Parcel" shall mean an area of land identified through the Marin County Assessor's Office as a separate unit for tax purposes. A parcel is not necessarily a lot or a site.

"Parking lot" shall mean that area used solely for parking and access thereto which serves as the central parking area or areas for a project.

"Path" (Trail) shall mean a traffic circulation element linking widely separated points of origin and destination and specified for use by pedestrians, equestrians, bike riders and similar nonautomotive means of ground transportation as contrasted with a sidewalk or walkway.

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

"Private street" shall mean a street which is to remain under private ownership and control and for which the responsibility of the continued maintenance lies with the owner(s).

"Public street" shall mean a street for which the fee title or right-of-way is owned by the city, or offered for dedication to the public and accepted by the city.

"Public way" shall mean any street, channel, viaduct, subway, tunnel, bridge, easement, right-of-way or other way in which a public agency has a right of use.

(Ord. 750, § 9.05.016; Ord. No. 948, § 10; Ord. No. 989, § 1)

5-5.017 Words or Terms Beginning with "R".

(Ord. No. 750, § 9.05.017)

5-5.018 Words or Terms Beginning with "S".

"Sidewalk" shall mean a concrete surfaced area for pedestrian usage, located within the street right-of-way and included as a standard element of a street section.

"Site" shall mean the entire area of land related to a specific development or development proposal. A site may contain or consist of more than one parcel or one lot.

"Slope" shall mean the deviation from horizontal expressed as a ratio of length to height with the vertical distance expressed as the number one, such as 2 to 1, 3 to 1, etc.

"Specific plan" shall mean a plan which complies with the criteria set forth in Sections 65450 through 65507 of the State of California Government Code.

"Street" shall mean any public or private road which provides access to more than one lot or building site.

(Ord. No. 750, § 9.05.018; Ord. No. 948, § 11)

5-5.019 Words or Terms Beginning with "T".

"Trail" - See "Path"

(Ord. No. 750, § 9.05.019)

5-5.020 Words or Terms Beginning with "U".

"Unit" shall mean a single specified subarea of a development designed and/or constructed for sale, rental or lease for a single purpose, such as a dwelling designed and constructed for occupancy by one family.

(Ord. No. 750, § 9.05.020)

5-5.021 Words or Terms Beginning with "W".

"Walkway" shall mean a surfaced area within a project to serve the pedestrian traffic within that project connecting primary points of origination and destination.

(Ord. No. 750, § 9.05.021)

5-5.022 Words or Terms Beginning with "Z".

"Zoning ordinance" shall mean the zoning ordinance (Ordinance #8) of the city, as codified in Chapter XIII.

(Ord. No. 750, § 9.05.022)

5-6 - Reserved.

5-7 - Addresses.

5-7.002 Requirement. All applications affected by this chapter shall include an address for each separate unit or lot involved.

(Ord. No. 750, § 9.07.002)

5-7.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Precise development plan

d.

Plan review.

e.

Building permits.

(Ord. No. 750, § 9.07.004; Ord. No. 948, § 12)

5-7.006 Purpose. Addresses are required for the obvious reasons of identification for owner, visitor, delivery and service call reasons. However, the need for standards in the system of addressing is most critical with regard to emergency response such as fire, police or ambulance service.

(Ord. No. 750, § 9.07.006)