§ 9-3

a.

Community Development Director.

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)

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))

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.

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)

9-4 - Reserved. 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 condo-miniums.

"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.