19.58 of the Novato Municipal Code. — Novato Municipal Code

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.

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))

9-3.008 Fees.

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.

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.

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)

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.

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.

Statement of Basis of Appeal. Any appeal or complaint filed shall state the reasons and/or specifications of the appeal or complaint.

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:

Subdivisions (five or more lots). The Novato Planning Commission shall constitute the "advisory agency" for tentative maps.

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.

9-5.020 Words or Terms Beginning with "R".

"Record of Survey" shall mean a map, prepared by a registered civil engineer or licensed land surveyor, for recording by the recorder of Marin County, depicting a field survey of land in conformance with Section 8763 and Section 8764 of the State of California Land Surveyor's Act.

"Reversion to Acreage" shall mean the process whereby undesired and unnecessary property lines, easements, and other mapped or recorded elements are removed from property by recording of a map prepared in accordance with the provisions of this chapter for the purpose of reverting subdivided land to acreage.

(Ord. No. 749, § 7.05.020; Ord. 867, § 4)

9-5.021 Words or Terms Beginning with "S".

"Safety Hazard" shall mean a condition or conditions affecting land or property which pose potential for physical damage to property or improvements and indirect potential for personal injury or loss of life which cannot be resolved consistent with the general plan or applicable specific plans.

"Soil Report" shall mean an investigation and analysis of the geology and soils of the proposed development. Such report shall be prepared by a registered civil engineer who specializes in soil engineering. The report shall contain recommendations for proposed grading, subsurface drainage, building foundation, retaining walls, street design and all corrective and preventive work necessary to minimize or eliminate hazards related to soils and geology.

"Stock Cooperative" shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. (As defined in Business and Professions Code, 1103.2.)

"Subdivider" shall mean a person, firm, corporation, partnership or association proposing to divide, dividing, or causing to be divided real property in to a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

"Subdivision" shall mean the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, gift, transfer, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes (or short-term leases which can be cancelled by the lessee or lessor with 30 days' notice). Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a stock cooperative as defined by Section 11003.2 of the Business and Professions Code, or any community apartment project as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. As used in this section "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

"Subdivision Map Act" shall mean California State Law currently contained in Government Code Section 66410 and following.

(Ord. No. 749, § 7.05.021; Ord. No. 867, §§ 5, 6; Ord. No. 967, § 2; Ord. No. 1059, § 2)

9-5.022 Words or Terms Beginning with "T".

"Tentative Map" shall mean and refer to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based on an accurate or detailed final survey of the property.

(Ord. No. 867, § 7)

9-5.023 Words or Terms Beginning with "U".

"Urban Lot Split" shall mean 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 California Government Code section 66411.7, as may be amended or renumbered from time [to time].

(Ord. No. 1725, § 5(Exh. A), 7-22-2025)

9-5.024 Words or Terms Beginning with "V".

Reserved.

9-5.025 Words or Terms Beginning with "W", "X", "Y", "Z".

Reserved.

9-6 - Reserved. 9-7 - Tentative Maps.

9-7.002 Tentative Map for Which a Final Map is Required — Requirements.

Submittal Required. A tentative and final map shall be required for all subdivisions creating five or more parcels or five or more condominiums except where:

The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subparagraphs 1, 2, 3, and 4, except if waived pursuant to subsection 9-11.002b. The findings required by subsection 9-7.002e2 and subsection 9- 7.004d shall be made for the approval of such parcel map for which a tentative map was not required.

The proposal is exempt pursuant to Sections 66412(a), (b), (c), (e), (f), (g), (h), and 66412.1 of the Subdivision Map Act.

Tentative Map Requirements. The tentative map shall be clearly and legibly drawn and shall contain all of the following information, unless the community development director specifically authorizes in writing the exclusion of such submittal information:

General Notes shown on Tentative Map:

(a)

The subdivision name as selected by the subdivider.

(b)

Names and addresses for:

(i)

Legal owner of property.

(ii)

Subdivider.

(iii)

Land surveyor or civil engineer who submitted the map.

(c)

Assessor's parcel number.

(d)

Project acreage.

(e)

Existing designations on the land use plan of the Novato General Plan including allowed density or intensity of use as modified by any adopted slope density standards.

(f)

Existing use or uses of property.

(g)

A description of the proposed subdivision.

(h)

Source of water supply.

(i)

The method of sewage disposal proposed.

(j)

Other improvements proposed.

(k)

A description of how the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. (May be provided on separate sheet).

(l)

A description of how the subdivision will affect the housing needs of the region and how this has been balanced against public service needs of the residents of Novato and available fiscal and environmental resources. (May be provided on separate sheet).

(m)

If the subdivision is to be developed in increments, a statement to that effect may be included.

A topographical contour map showing accurately the existing terrain within the subdivision, existing drainage channels, roads, culverts, overhead and underground utility lines which may affect the design of the subdivision, wells and springs, major structures, irrigation ditches, utility poles and other improvements in their correct location.

Elevations shall be referenced to current National Geodetic Survey data. The map shall be drawn to an engineer's scale large enough to show all information clearly, but not smaller than 100 feet to the inch. Contour intervals shall not be greater than five feet or at such intervals that the contour lines will not be spread more than 150 feet apart (ground distance). The map shall show:

(a)

Map(s) showing area(s) of property which is affected by geologic conditions posing potential safety hazard(s) and areas subject to inundation or ponding.

(b)

The edges of pavements of existing paved roads, driveways, and travelways within the public rights-of-way and easements or within private rights-of-way and easements.

(c)

Location of existing property lines and approximate boundaries of existing easements within the subdivision with the names of the owners of record of easements, exclusions, the properties abutting subdivision.

(d)

The proposed lot and street layout with scaled dimensions and area of each lot.

(e)

The location of all proposed public easements.

(f)

Street names, widths of streets, whether public or private, and easements, approximate street grades and radii of curves along property lines of each street.

(g)

Typical geometric sections for streets showing pavement widths, curbs, sidewalks, grading and marginal strips, slopes of cuts and fills, and other construction proposed.

(h)

Dedications for public purposes. Reservations and proposed disposition of all parcels and easements.

(i)

Location, approximate grade, direction of flow, and type of existing and proposed storm drainage channels and storm drains.

(j)

Location, alignment, and tops and bottoms of all banks of all natural drainage ways.

(k)

Location of all existing and proposed utilities necessary to serve the subdivision.

(l)

A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relationship to community development.

(m)

A north arrow, scale, and contour interval.

(n)

Boundary lines of existing land use zones. If more than one zoning exists on the property they shall be delineated.

(o)

Statement or plan as to proposals for draining the area subject to flooding or inundation by waters flowing into or from the subdivision.

(p)

Preliminary grading plan.

(q)

A map showing areas of property where evidence of known or possible archaeological site(s) is discerned.

(r)

Map and statement indicating and describing any historical landmark.

(s)

The net lot areas excluding access easements shall be calculated and shown on all maps.

(t)

Species, trunk, diameter, and drip line of all trees six inches or more in trunk diameter (30 inches or more in circumference) measured 24 inches above ground level.

(u)

Location of existing structures and notation whether they are to remain or be removed.

Data to Accompany Tentative Map. The tentative map shall be accompanied by all of the following data, unless the community development director specifically authorizes, in writing, the exclusion of such data. This information shall be submitted at the time the map is filed with the department of community development.

(a)

Two copies of a statement of a site reconnaissance by an engineer regarding slide conditions, existing or anticipated; geologic features; topography; soil conditions within or immediately adjoining the proposed development and their effect on the design of the proposed subdivision.

(b)

When a tentative map is filed on an area which is part of a larger single ownership which may be subdivided in the future, the department of community development may require a sketch showing the proposed future development.

(c)

A list of assessor's parcel numbers of parcels wholly or partially within 300 feet of the exterior boundaries of the subject property or the closest six property owners, whichever is greater on a form provided by the department of community development, and the required fee for the preparation of mailing labels. The list must be keyed to an accompanying "parcel map," drawing at a scale of one inch = 100 feet or less or as approved by the department of community development staff. The subject property shall be outlined in red, and a continuous red line at a distance of 300 feet from the edge of the subject property should be delineated.

(d)

If the tentative map involves the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks.

(e)

If the tentative map proposes a residential condominium, condominium conversion, or undivided interest in common areas, a description of how the requirements of subsection 5-13.008a are met shall be included.

(f)

If the tentative map proposes the use of a private sewage disposal system, the information required by section 5-37.008 shall be included.

(g)

If the project is in a high fire hazard area as shown on Map 3-2 of the Novato General Plan, then a fire management plan shall be included which describes the terrain, vegetation, fire service, access, and water availability and proposes methods to reduce fire hazards.

(h)

Information shall be submitted as required by the department of community development to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act.

If the tentative map proposes a condominium project consisting of the subdivision of airspace in an existing building or buildings and no new structures are proposed, the following submittal requirements shall be waived: 9-7.002b1(k); 9-7.002b2(a), (q), (r), (s), (t), and (u), and 9-7.002b3(a).

Filing.

Prefiling Conference. Prior to the filing of a tentative map, the subdivider may submit to the department of community development maps, plans and other information concerning a proposed or contemplated development. The department of community development shall then schedule a conference with the subdivider regarding such plans or other data. All agencies which would normally receive notice of a subdivision of the subject property shall be advised of the prefiling conference and be invited to attend. This conference is an optional procedure which may be elected by the subdivider and is not required by this chapter. A subdivider may elect to omit the prefiling conference and may commence the subdivision by submitting an application and required submission material as outlined in subsection 9-7.002b above.

General.

(a)

Submittal. A subdivision application is considered submitted when the application form is signed and dated on the received line by a member of the department of community development staff. This shall occur when the following information is submitted: a signed application form, the required filing fee, 20 copies of the map (folded to no larger than 9″ × 12″) and the submission information required by this chapter. (Additional copies may be required when numerous responsible agencies are involved.)

(b)

Acceptance.

(1)

The department of community development staff, within 30 calendar days of the date on which the application was received, shall examine the submittal to determine whether or not it is sufficiently complete for acceptance to begin processing. If the submittal is not sufficiently complete to begin processing, the applicant shall be notified of that fact within 30 days of receipt of the application and shall be advised as to what information or action is necessary to put the submittal into an acceptable condition.

An application shall not be accepted as complete as referred to in section 9-7.002 paragraph f.1 regarding time limits, until environmental clearance has been secured in the form of an exemption, a negative declaration, or a certified EIR. In the case of a negative declaration, the application shall not be accepted as complete until the appeal period has lapsed, or, if an appeal is filed, until a decision on the appeal has been made. An application will not be accepted as complete unless it is consistent with the land use designation on the land use element map of the general plan and the zoning requirements for the property.

(2)

A subdivision application is considered accepted and filed pursuant to Government Code Section 66452 when the accepted line on the application form is dated and signed by a member of the Novato planning staff. Such an endorsement means that the submission is sufficiently complete and that the time period for action referred to in section 9-7.002 paragraph f.1 has begun.

Referral to Interested Agencies. The department of community development, within two working days after accepting the application, shall forward copies to the city engineer, the health officer, flood control district, building inspection department, the chief engineer of the sanitary district that the subdivision lies within, the chief of the local fire district, the serving school district, the utility companies serving the area, the State Highway Department, and other interested agencies, such as the Bay Area Rapid Transit District, the United States Army Corps of Engineers, the State Reclamation Board, etc., as the department of community development determines that such agencies should be notified. Each of the agencies so notified shall, within fifteen working days (serving school district is allowed 20 days) after the map has been mailed to them, reply to the department of community development its findings and recommendations with respect to such tentative map.

Action by Planning Commission.

Approval of the Map. The planning commission shall approve, conditionally approve or deny the tentative map within 50 calendar days after the acceptance of the tentative map by the planning staff, unless such time is extended by mutual consent of the subdivider and the planning commission, except that the planning commission shall act within 45 days after certification of the environmental impact report on a tentative map for which an environmental impact report was prepared and act on a stock cooperative within 120 calendar days after acceptance.

The planning commission shall consider the written reports of the public agencies, departments and such companies and take into account the requirements of such agencies and departments at the time of approval

or conditional approval of tentative maps. The action of the planning commission shall be reported to the subdivider, the department of community development, and other such agencies as may be deemed appropriate. In the event the map is disapproved, such report shall set forth the basis of the planning commission action.

Required Findings for an Approval Action. The planning commission or, on appeal, the city council shall not approve a tentative map; or the city engineer shall not approve a parcel map for which a tentative map was not required unless all of the following findings are made:

(a)

That the proposed subdivision, together with the provisions for its design and improvement is consistent with the Novato general plan and any specific plans.

(b)

The proposal is consistent with the Zoning Ordinance and any master plan or precise development plan adopted pursuant thereto.

(c)

The effect of the approval on the housing needs of the region has been considered and balanced against the public service needs of the residents of Novato and available fiscal and environmental resources.

(d)

The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.

(1)

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

(2)

The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when on new structures are added.

(3)

For the purposes of this section, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(e)

If the subdivision will be created from the conversion of a mobile home park to another use, the approving body shall make the findings required by Section 66427.4 of the Subdivision Map Act.

(f)

The required construction is a necessary prerequisite to the orderly development of the surrounding area. (This finding is required only for tentative maps where a parcel map is required).

Findings Which Require a Denial Action. The planning commission or, on appeal, the city council, shall deny any tentative map; or the city engineer shall deny any parcel map for which a tentative map was not required if any of the following findings are made:

(a)

That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Government Code.

(b)

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c)

That the site is not physically suitable for the type of development.

(d)

That the site is not physically suitable for the proposed density of development.

(e)

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(f)

That the design of the subdivision or the type of improvement is likely to cause serious public health problems.

(g)

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to one previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(h)

That the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use, as specified in Section 66474.4 of the Subdivision Map Act.

(i)

Notwithstanding subsection e,3(e) above, the city may approve a tentative map, or a parcel map for which a tentative map was not required, if the appropriate findings are made under Section 21081(c) of the Public Resources Code.

Findings Which Permit a Denial Action. The planning commission or, on appeal, the city council shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements of the Bay Area Regional Water Quality Control Board. If it is determined that violation would result, the tentative map may be denied.

Conditions of Approval. The planning commission may establish conditions of approval at the time the tentative map is approved. Such conditions may relate to subdivision design, lot areas, grading, streets, drainage facilities, utilities, dedications, easements, environment protection, and other matters concerning the public health, safety and welfare.

Expirations and Extensions of Tentative Map.

The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved except as provided in Section 66452.6 of the Subdivision Map Act.

The subdivider may request a time extension for tentative map approval or conditional approval by written application to the community development director, such application to be filed at least ten days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. Any such extension request requires planning commission action with findings pursuant to subsection 9-7.002e,2; e,3 or e,4.

Any extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three years.

The previous conditions of approval may be changed or new conditions added if all of the following occur:

(a)

The subdivider consents in writing to the altered conditions.

(b)

Circumstances have arisen which did not exist at the time the tentative map was approved.

(c)

The extension would otherwise be denied.

(d)

Any new conditions are necessary to protect the public health, safety and welfare.

In the event of extensions to approved and unexpired tentative maps and vesting tentative maps enacted by the state legislature, including, but not limited to, the extensions enacted by Assembly Bill 333 on July 15, 2009, the extensions granted by Sections 9-7.002f,2 and f,3 of this code shall be further extended to match such extensions granted by the state legislature. In addition, all other land use entitlements and approvals required by Chapter 19 (Zoning Ordinance) of this Code that were granted in connection and concurrent with the original grant of approval to the subdivision maps shall also be extended by action of the Community Development Director to be co-terminus with the date of expiration of the tentative map. At the discretion of the community development director, the extension of the city land use entitlements authorized herein may be conditioned upon compliance with interim property maintenance requirements such as weed abatement, site fencing for security and graffiti control, where deemed appropriate and necessary.

(Ord. No. 749, § 7.07.002; Ord. No. 849, § 3; Ord. No. 867, §§ 7—12; Ord. No. 938, §§ 4—12; Ord. No. 967, §§ 3—9; Ord. No. 1059, §§ 3—8, 10; Ord. No. 1128, §§ 6—12; Ord. No. 1576, § 2 (Exh. A), 10-23-2012)

9-7.004 Tentative Map for Which a Parcel Map is Required—Requirements.

Submittal Required. Unless waived in accordance with subsection 9-11.002, a tentative and parcel map shall be required for subdividing land into four or fewer lots except where exempt as provided in subsection 9- 7.002a.

The community development director shall act upon tentative maps for which parcel maps are required in the manner and with the responsibilities exercised by the planning commission for tentative maps for which final maps are required. The community development director may defer action on the application and refer the matter to the planning commission for review and decision at a public hearing.

The tentative map shall conform to the requirements of subsection 9-7.002 of this chapter for tentative maps for which final maps are required with the exception that when references in subsection 9-7.002 are to the planning commission, the community development director shall be substituted.

Where on-site and off-site improvements are imposed as a condition of approval of a tentative map for which a parcel map is required, the fulfillment of those conditions shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City of Novato, except that the city may require earlier fulfillment of such conditions if the city finds that such improvements are necessary for reasons of:

The public health and safety; or

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

Appeals. See subsection 9-3.010.

Fees. See subsection 9-3.008.

Expirations and extensions of tentative maps for which parcel maps are required shall be as set forth in subsection 9-7.002 paragraph f., except that the extension shall be approved or denied by the community development director.

(Ord. No. 749, § 7.07.004; Ord. No. 867, § 13; Ord. No. 938, § 13; Ord. No. 989, § 1; Ord. No. 1059, § 9; Ord. No. 1128, § 13; Ord. 1441 § 2(C))

9-7.005 Tentative Maps for Which a Final Map or Parcel Map Is Required in Areas Designated as Rural Areas and Streets Pursuant to Subsection 5-45.008c.

Submittal Required. In locations designated as rural areas and streets pursuant to subsection 5-45.008c, tentative maps, when required, shall be submitted and acted upon in conformance with the requirements of subsections 9-7.002 and 9-7.004 except as provided for in paragraph b. below.

All tentative maps pertaining to land located within or adjacent to streets or areas designated as rural in accordance with subsection 5-45.008c. shall be acted upon by the planning commission with a recommendation to the city council for final action.

(Ord. No. 1313, § 2)

9-7.006 Lot Line Adjustment Application Maps.

Application Maps Required for Lot Line Adjustments. Application maps for lot line adjustments in the number required must be submitted to the community development director. Application maps for the lot line adjustments need not be prepared by a licensed land surveyor or registered civil engineer.

Application Maps for Lot Line Adjustments — Form and Content. The following information must be submitted unless exclusions are specifically authorized in writing by the community development director.

The map shall be legibly drawn to a convenient engineer's scale.

The map shall be 8 ½ inches by 14 inches (8 ½″ × 14″).

All properties involved must be legally identified and the names of all property owners must be shown.

The proposed adjusted lot line shall be distinctly shown.

All structures, improvements, drainage facilities, utilities, dedications, rights-of-way and easements within 20 feet of the proposed adjusted lot line shall be shown.

The map scale and a north arrow shall be shown.

The zoning for each property involved shall be shown.

Referral to Interested Agencies. Application maps for lot line adjustments shall be referred to such departments and agencies as the community development director deems appropriate. Such departments and agencies shall be allowed 15 days to respond with recommendations and comment, from the date of distribution to such departments and agencies.

Filing. The specifications and requirements for filing tentative subdivision maps, as set forth in subsection 9- 7.002c., also apply to lot line adjustment application maps.

Action by the Community Development Director.

Within 30 calendar days after acceptance of a complete application for a lot line adjustment map, the community development director shall act to approve, conditionally approve or deny the application. The community development director shall consider the written reports of other departments and agencies. The community development director may defer action on the application and refer the matter to the planning commission for review and decision at a public hearing.

Conditions of approval may be imposed in accordance with subsection 9-7.002f,5. of this chapter. The community development director shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to local zoning and building ordinances or except to facilitate the relocation of existing utilities, infrastructures, or easements.

Expiration and Extensions of Lot Line Adjustment Application Maps. Lot line adjustment application maps are subject to the expiration and extension provisions contained in subsection 9-7.002f.

Fees. Fees for lot line adjustments shall be in accordance with subsection 9-3.008.

Appeals. Appeals to actions for lot line adjustments shall conform to subsection 9-3.010.

(Ord. No. 749, § 7.07.006; Ord. No. 867, § 14; Ord. No. 989, § 1; Ord. No. 1059, § 11; Ord. No. 1128, § 14; Ord. 1441 § 2(C))

9-8 - Urban Lot Splits.

This section provides the definitions, permit requirements, processing procedures, and standards for urban lot splits proposed in compliance with California Government Code section 66411.7.

Purpose and Applicability. It is the intent of these regulations to support urban lot splits to accommodate the construction of SB 9 dwelling units on 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, consistent with Government Code section 66411.7 and local regulations.

Definitions. For the purposes of this section, terms used herein that are identical to the terms used in California Government Code sections 65852.21 and 66411.7 shall have the same meaning as those terms defined in said

Government Code sections. Where terms used herein are identical to the terms used in chapter IX (land subdivision) and chapter XIX (zoning), the definitions provided in this section shall control, unless otherwise specified in this section. Notwithstanding the foregoing, the definitions below shall apply to the following terms as used in this section:

Accessory Dwelling Unit (ADU). As defined in chapter XIX (zoning).

Junior Accessory Dwelling Unit (JADU). As defined in chapter XIX (zoning).

Nonconforming Zoning Condition. A physical improvement on a parcel that does not conform with current zoning standards.

Parcel Map. As defined in section 9-5 (definitions).

Primary Dwelling Unit (or "primary unit," "primary dwelling," "primary single-family dwelling," "primary unit single-family dwelling," or "primary residence"). A permitted or otherwise legal single-family dwelling unit that is the main residential unit on a lot.

Senate Bill 9 (SB 9) Development. A proposed housing development containing no more than two new residential units within a single-family zone, subject to the qualifying criteria and provisions contained in section