Chapter IX — LAND SUBDIVISION — Novato Municipal Code

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:

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

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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

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)

9-2 - Reserved. 9-3 - Administration.

9-3.002 Responsibility and Authority.

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.

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.

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.

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.

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.

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:

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.

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

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:

Whenever a public hearing is held pursuant to this chapter, notice shall be provided pursuant to subsection

19.34.029 and the provisions identified in California Government Code section 65852.21.¶

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.

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.

Land Use, Zoning, Density, and Eligibility.

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.

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.

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.

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).

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.

Maximum Number of Units. No more than two dwelling units shall be permitted on any lot created through an urban lot split.

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.

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.

Parcel Map and Application Requirements.

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.

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.

Action, Notice, and Time Limit and Extension.

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.

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

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.

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.

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 chapter, and Chapter V, the Novato Development Standards Ordinance.

Title. The title of each sheet of said final map shall consist of the approved name of the subdivision, conspicuously placed in the lower right hand corner of the sheet, followed by the words, "City of Novato".

Survey Data. Sufficient data must be shown on the map to determine the bearing length of every lot line, block line, and boundary line. Dimensions of proposed lot lines shall be shown in feet and hundredths of feet. No ditto marks shall be used. Lots one acre or smaller shall be shown to the nearest square foot. Lots larger than one acre shall show net acreage to the nearest hundredth. Bearings and distances of straight lines, radii and arc length or chord bearings and lengths for all curves, and such information as may be necessary to determine locations of the centers of curves shall be shown.

Ties to California Coordinate System. If required by the city engineer, the subdivision survey shall be tied to the California Coordinate System by the method and to the standards shown in Chapter V, the Novato Development Standards Ordinance. Coordinate Monuments used for the survey shall be designated on the final map. Coordinates need not be shown on the map, but coordinates for points shown shall be filed with the city engineer.

Center lines of streets and alleys are to be shown. Whenever the city engineer has established the center line of the street or alley adjacent to, or in, the proposed subdivision, the data shall be shown on the final map.

Maps shall clearly show existing monuments or other evidence found and used in determining the boundary of the subdivision. The corners of all adjoining properties and subdivisions shall be identified by lot together with block numbers, subdivision names, recording data, or other proper designation.

All streets, easements, and parcels offered for dedication shall be clearly delineated and des-ignated with all dimensions, boundaries, and courses clearly shown and defined. Parcels offered for dedication other than for streets or easements shall be designated by number or letter. Sufficient linear, angular, and curve data shall be shown to determine the bearing and length of the boundary lines of every block, lot and parcel. Map sheets shall be arranged so that no lot is split between two or more sheets and each lot in its entirety shall be shown on one sheet. Lot numbers shall begin with the numerical 1 and continue consecutively throughout the subdivision with no omissions or duplications. Lots shall be numbered consecutively throughout all units of subdivisions with the same name. No block designations shall be used.

The side lines of all existing and proposed easements shall be shown by broken lines. If any easement already on record cannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference must appear on the title sheet. Distance and bearings on the sidelines of lots which are cut by an easement shall be arrowed or shown so that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties to locate them must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated on the map, it shall be offered on the map for a specified public use.

All final maps shall have location maps relating the subdivision to the general layout of the city. Location maps may be placed on the first map sheet rather than on the certificate sheet.

When the final map consists of more than two map sheets, a key map showing the relationship of the sheets shall be placed on the first map sheet. Every map sheet shall bear to scale, north point, title, legend, sheet number, and number of sheets comprising the map.

When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report and shall state that such report is on file for public inspection in the office of the City of Novato Department of Community Development.

Certificates and acknowledgements shall be on the final map or on a separate instrument and shall conform to the Subdivision Map Act Sections 66433 et seq.

When the subdivision is a condominium, a certificate consenting to the recording of the condominium plan shall be included in the owners certificate in accordance with Section 1351 of the California Civil Code.

When a subdivision contains common area, to be maintained by a homeowners association, the following certificate shall be added to the final map or condominium plan.

No change or alterations, except for routine maintenance and repairs, may be made to improvements or landscaping in the common area without the written consent of the community development director of the City of Novato.

(Ord. No. 749, § 7.09.006; Ord. No. 867, § 15; Ord. No. 967, § 10; Ord. No. 989, § 1; Ord. No. 1059, § 12; Ord. No. 1128, § 17)

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:

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.

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.

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

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.

Two copies of the subdivision improvement plan.

Two copies of the subdivision grading plans.

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

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

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

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

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:

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

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

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

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.

The original and one print of the final map.

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

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.

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

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.

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.

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.

Findings Which Require Denial of a Final Map.

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)

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)

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.

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)

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

(b)

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)

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)

9-10 - Reserved. 9-11 - Parcel Maps.

9-11.002 Parcel Map Required.

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.

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

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.

The parcel map is imposed by Government Code Section 66426.

A parcel map shall not be required for:

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

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.

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 may be required by the community development director in conformance with Section 66428 of the Subdivision Map Act.

(Ord. No. 749, § 7.11.004; Ord. No. 989, § 1; Ord. No. 1059, § 14; Ord. No. 1128, §§ 20, 21)

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:

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

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.

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

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.

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:

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.

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:

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

One print of the parcel map is required.

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.

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).

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:

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.

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.

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.

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)

9-12 - Reserved. 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)

9-14 - Reserved. 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)

9-16 - Reserved. 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)

9-18 - Reserved. 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.

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.

Acceptance or Rejection of Offers of Dedication.

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.

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.

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.

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.

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:

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

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;

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

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.

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.

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.

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.

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.

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.

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.

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)

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.

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:

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

   Average No.                  Park Acreage Standard
     of Persons                  (from Subsection 9-20.006)

_____ × _____ = Minimum Acreage Dedication

        Unit                         1,000 Population

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