§ 9-35

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)

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)

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)

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."

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)

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.

The initial time period set forth in paragraph a. shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

2.

A subdivider may apply for a one-year extension at any time before the initial one-year time period expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within 15 days.

3.

If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to herein shall continue until the expiration of that building permit, or any extension of the permit.

(Ord. No. 1105, § 1)

a.

Whenever a subdivider riles 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)