3.008 using the number of lots existing as the basis for

(Ord. No. 749, § 7.31.008)

9-31.010 Proceedings before the City Council. A public hearing shall be held before the city council on all petitions for initiation for reversion to acreage. Notice of public hearing shall be given as provided in Section 66451.3 of the Government Code. The city council may give such other notice that it deems necessary or advisable.

The city council may approve a reversion to acreage only if it finds and records in writing that:

Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage and unnecessary for present or prospective public purposes; and

Either:

All owners of an interest in the real property within the subdivision have consented to reversion; or

None of the improvements required to be made have been made within two years from the date of the final or parcel map was filed for record, or within the time allowed by agreement for the completion in the improvements, whichever is later; or

No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

The city council may require as conditions of the reversion:

The owners dedicate or offer to dedicate streets or easements.

A retention of all or a portion of previously paid subdivision fees, deposits or improvements securities if the same are necessary to accomplish any of the provisions of this chapter.

Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(Ord. No. 749, § 7.31.010; Ord. No. 1059, § 18)

9-31.012 Return of Fees, Deposits; Release of Securities. Except as provided in subsection 9-31.008 or 9- 31.010c.2, upon filing of the final map for the reversion to acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city engineer.

(Ord. No. 749, § 7.31.012)

9-31.014 Delivery of Final Map. After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.

(Ord. No. 749, § 7.31.014)

9-31.016 Effect of Filing Reversion to Acreage Map with County Recorder. Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. No. 749, § 7.31.016)

9-32 - Reserved. 9-33 - Noncomplying Property, Notice of Violation, Certificate of Compliance and Merger.

9-33.002 Noncomplying Properties.

The City of Novato shall not issue any permit or grant any required approvals for development of property which has been divided, or which has resulted from division, in violation of this chapter or in violation of the Subdivision Map Act, unless a certificate of compliance has been issued pursuant to section 9-33.006.

For purposes of this chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created and if at the time of the creation of the parcel, there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels.

For purposes of this chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the Subdivision Map Act or this chapter. Owners of parcels or units of land affected by the provisions of this section shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to subsection 9-33.006b. prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of the Subdivision Map Act and this chapter, as required pursuant to subdivision (a) of Section 66499.35 of the Subdivision Map Act, the presumption declared in this section shall not be operative.

This limitation applies whether the applicant for such permit or approval was the owner of the property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

(Ord. No. 749, § 7.33.002; Ord. No. 938, § 14; Ord. No. 967, § 17; Ord. No. 1379, § 2)

9-33.004 Notice of Violation. Whenever any person has knowledge that real property has been divided in violation of this section or the State Subdivision Map Act, he/she shall report such violation to the community development director. After verification, it shall be the duty of the community development director to cause to be mailed by certified mail to the then current owner of record of the property, a notice of intention to record a notice of violation, describing the real property in detail, naming the owner thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the planning commission why the notice should not be recorded. The meeting shall take place no sooner than 30 days and no later than 60 days from the date of mailing. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the community development director of his or her objection to recording the notice of violation, the community development director shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the city shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the planning commission

or her objection to recording the notice of violation, the community development director shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the city shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the planning commission

determines that the property has in fact been illegally divided, the community development director shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. No. 749, § 7.33.004; Ord. No. 867, § 17; Ord. No. 989, § 1; Ord. No. 1059, § 19; Ord. No. 1379, § 2)

9-33.006 Certificate of Compliance.

Determination of Compliance. Any person owning real property within the City of Novato or a vendee of such person pursuant to a contract of sale of such real property may request a determination as to whether such real property complies with the provisions of this title and the Subdivision Map Act in the following manner:

Anyone wishing to receive such a determination shall submit such information as required by the community development director along with such fees as are established by resolution of the city council to the planning division of the community development department.

The city engineer shall review and make a determination as to whether such real property complies with the provisions of this title and the Subdivision Map Act.

Property Must Comply with Government Code Section 66499.34. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Government Code Section 66499.34.

Filing of Certificate. Upon making such a determination, the city engineer shall cause a certificate of compliance or conditional certificate of compliance to be filed for record with the county recorder. The certificate of compliance or conditional certificate of compliance shall provide the information specified in Government Code Section 66499.35(f).

Conditional Approval. If the city engineer determines that such real property does not comply with the provisions of this code or the Subdivision Map Act, the city engineer may, as a condition to granting a certificate of compliance, impose only those conditions that would have been applicable to the division of the property at the time the current owner of record acquired his/her/its interest in the property, and which had been established at such time by ordinance. The city engineer may also impose such conditions as would be applicable to a current division of the property if it is determined that the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or the city subdivision ordinance and created a parcel(s) in violation of the Map Act or this title by a grant of real property. Upon making such a determination and establishing such conditions, the city engineer shall cause a conditional certificate of

compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for a certificate pursuant to this chapter, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.

Other Documents Which Constitute Certificates of Compliance. A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance with respect to the parcels of real property described therein.

Official Map Pursuant to Government Code Section 66499.52(b). An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a certificate of compliance with respect to the parcels of real property described therein and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section or, with the approval of the city engineer, within contiguous sections of land.

Certifying Multiple Parcels. The city engineer may process applications for certificates of compliance or conditional certificates of compliance concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as to compliance with the provisions of this division and with local ordinances enacted pursuant thereto, the single certificate of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each such parcel.

Fee. A processing and appeal fee as established by city council shall be charged to the applicant for processing and, if applicable, appealing the certificate of compliance.

Appeal of Compliance Determination.

The applicant for a certificate of compliance may appeal the determination made by the city engineer to the city council within ten calendar days after the city engineer delivers the city engineers proposed certificate to the applicant. The city engineer shall not record the certificate during said ten day period. If no written appeal, with appropriate fee, is received by the city clerk within said appeal period, it shall be conclusively deemed that the applicant has waived his/her/its appeal rights and consents to the recordation of the proposed certificate. Immediately after the appeal period has passed without an appeal being timely filed, the city engineer shall record the certificate.

Upon appeal, the city council shall hear the matter de novo, and the city council's decision shall be final.

(Ord. No. 749, § 7.33.006; Ord. No. 967, § 18; Ord. No. 1059, § 20; Ord. No. 1128, § 32; Ord. No. 1379, § 2)

9-33.008 Merger.

Two or more contiguous parcels or units of land held by the same owner shall be merged when all of the following conditions exist, unless deemed unmerged by a certificate of compliance as provided in subsection 9-33.006.

At least one of the affected parcels is not developed with a structure, other than an accessory structure as defined in subsection 19-14.006a, for which a building permit was issued by the city or county, or which was built prior to the time such permits were required.

With respect to any affected parcel, one or more of the following conditions exists:

(a)

Comprises less than 5,000 square feet in area at the time of the determination of merger.

(b)

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(c)

Does not meet current standards for sewage disposal and domestic water supply, as contained in sections 5- 37 and 5-55, respectively, of Chapter V, Development Standards.

(d)

Does not meet slope stability and safety standards as contained in section 5-23 of Chapter V, Development Standards, and Chapter VI of the Novato Municipal Code.

(e)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability as contained in Chapter V, Development Standards.

(f)

Its development would create health or safety hazards.

(g)

Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

For purpose of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this chapter.

Subsection 2. shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

Notification of Intention of Determine Status. Prior to recording a notice of merger, the community development director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified herein and advising the owner of the opportunity to request a hearing within 30 days on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County of Marin on the date that notice is mailed to the property owner.

Request for Hearing. At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the department of community development a request for a hearing on determination of status.

Procedure for Hearing. Upon receiving a request for a hearing on determination of status, the community development director shall fix a time, date, and place for a hearing to be conducted by the planning commission and shall so notify the property owner by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the local agency and the property owner.

Procedure for Determination at the Hearing. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in subsection 9-33.008a.

At the conclusion of the hearing, the planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.

Determination When No Hearing is Requested. If, within the 30 day period specified in subsection 9-33.008c, the owner does not file a request for a hearing, the community development director may, at any time

thereafter, make a determination that the affected parcels are to be merged or are not be merged. A determination of merger shall be recorded no later than 90 days following the mailing of notice required by subsection 9-33.008b.

Notice of Intention for non-Merger. If, in accordance with subsections 9-33.008e, or 9-33.008f, the planning commission or community development director determines that the subject property shall not be merged, it shall cause to be recorded a release of the notice of intention to determine status, recorded pursuant to subsection 9-33.008b, and shall mail a clearance letter to the then current owner of record.

Appeals. Appeals of determinations of the planning commission's or community development director's shall conform to section 9-3.010.

(Ord. No. 877, § 1; Ord. No. 938, §§ 15, 17; Ord. No. 989, § 1; Ord. No. 1059, § 21; Ord. No. 1128, §§ 33—35; Ord. No. 1379, § 2)

9-33.010 Merger Without Reversion to Acreage. Upon application by the record owners of property, and approval by the community development director, contiguous parcels under common ownership may be merged without reverting to acreage if no dedications or offers of dedication are to be vacated or abandoned and none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for the completion of the improvements, whichever is later. A final or parcel map shall be recorded evidencing the merger.

(Ord. No. 1059, § 22; Ord. No. 1379, § 2)

9-33.012 Unmerged Parcels. Any parcel which has merged under the provision of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date:

The parcel meets each of the following criteria:

Contains at least 5,000 square feet in area;

Was created in compliance with applicable laws and ordinances in effect at the time of its creation;

Meets current standards for sewage disposal and domestic water supply;

Has legal access which is adequate for vehicular and safety equipment access and maneuverability;

Its unmerger and development would create no health or safety hazards;

The unmerged parcel would be consistent with the General Plan of any applicable specific plan, other than minimum lot size or density standards.

And, with respect to the parcel, none of the conditions stated in Section 66451.30(b)(1), (2), (3), (4), or (5) of the Subdivision Map Act exist.

(Ord. No. 1128, § 36; Ord. No. 1379, § 2)

9-34 - Reserved. 9-35 - Vesting Tentative Maps.

9-35.002 Citation. This section shall be cited and known as the Vesting Tentative Map Ordinance.

(Ord. No. 1105, § 1)

9-35.004 Purpose and Intent.

The purpose of this section is to establish a procedure for the approval of a tentative map that provides certain statutorily vested rights to a developer under the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance Chapter IX, Article 1, of the Novato Municipal Code. Except as otherwise set forth herein, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance.

To accomplish this purpose, the regulations outlined in this section are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. No. 1105, § 1)

9-35.006 Authority. This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute).

(Ord. No. 1105, § 1)

9-35.008 Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Municipal Code.

(Ord. No. 1105, § 1)

9-35.010 Definitions.

Vesting tentative map shall mean a tentative map that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 9-35.014, and is thereafter processed in accordance with the provisions hereof.

All other definitions set forth in the Subdivision Ordinance are applicable.

(Ord. No. 1105, § 1; Ord. No. 1264, § 1)

9-35.012 Application.

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. No. 1105, § 1; Ord. No. 1264, § 2)

9-35.014 Filing and Processing.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

A soils report conforming to the provisions of section 9-15 shall be submitted.

A preliminary title report shall be submitted.

Copies of all governing documents as described in subsection 9-9.008d. shall be submitted.

Minimum scale shall be one inch equals 50 feet (1″ = 50′).

The preliminary grading plan shall show existing and proposed contours and heights and type of all retaining walls.

Except as otherwise provided in this section, the provisions of this chapter apply to a vesting tentative map and a vesting tentative map is processed in the same manner and is subject to the same time periods as a tentative map.

(Ord. No. 1105, § 1; Ord. No. 1128, § 37)

9-35.016 Fees. Upon filing an application for a vesting tentative map, the subdivider shall pay the fees for the filing and processing of a vesting tentative map as shall be specified by resolution of the city council.

(Ord. No. 1105, § 1)

9-35.018 Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, for the expiration of the approval or conditional approval of a tentative map.

(Ord. No. 1105, § 1)

9-35.020 Vesting on Approval of Vesting Tentative Map.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the date the city determines the application for a vesting map to be complete. However, if the city has formally initiated proceedings by way of ordinance or resolution and published notice of such ordinance or resolution, in accord with the procedures used by the city for publication of ordinances, to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the complete application, the city may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the city approves or disapproves the tentative map. If the subdivider requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the subdivider's request shall apply.

However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

Notwithstanding paragraph a., a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

The condition or denial is required, in order to comply with State or Federal law.

(Ord. No. 1105 § 1)

9-35.022 Duration of Development Rights.

The right to proceed with development as set forth in subsection 9-35.020a. continues for one year following recordation of the final map or parcel map.

If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one year time period shall begin for each phase when the final map for that phase is recorded.

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection 9-35.018.

If a final map is recorded based upon a vesting tentative map and the vested development rights expire, the final map remains in effect without the vested development rights.

Extensions of development rights.

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

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

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

extension of the permit.

(Ord. No. 1105, § 1)

9-35.024 Development Inconsistent with Zoning; Conditional Approval.

Whenever a subdivider riles a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, the inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection 9-35.020a., confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

The rights conferred by this section shall be for the time periods set forth in subsection 9-35.022a.

(Ord. No. 1105, § 1)

9-36 - Fees For Construction or Reconstruction of Bridges and Major Thoroughfares.

9-36.001 Enabling Act. This section is adopted pursuant to Section 66484 of the California Government Code. The provisions of said Section 66484 as the same may be amended from time to time, shall apply to this section and actions taken thereunder.

(Ord. No. 1133, § 1)

9-36.002 Purpose. The City of Novato hereby requires the payment of, and shall collect, a fee as a condition of approval of a final map or issuance of a building permit, which fee is for the purpose of defraying the actual or estimated cost of constructing or reconstructing bridges or major thoroughfares.

(Ord. No. 1133, § 1)

9-36.003 Conditions. The city may determine an area of benefit and require payment of fees for major thoroughfares which are identified on the circulation map of the Circulation Element of the Novato General Plan as "arterial" or "collector" streets (including future extensions of such streets) or are identified in the Health and Safety Element of the General Plan as being street connections that are desirable for improved emergency access (Health and Safety Policies 11 and 12) and for bridges required to cross railways, freeways, streams or canyons where shown on the circulation map.

(Ord. No. 1133, § 1)

9-36.004 Public Hearing. The city council shall hold a public hearing for each area benefited. Notice shall be given pursuant to Section 65091 of the California Government Code. In addition to such requirements, the notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the proceedings.

(Ord. No. 1133, § 1)

9-36.005 Contents of Resolution. At such public hearing, the city council shall establish the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment. The method of fee apportionment in the case of major thoroughfares shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. The city council shall pass a resolution describing the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing, and the city clerk shall record a certified copy of said resolution with the Marin County Recorder.

(Ord. No. 1133, § 1)

9-36.006 Payment of Fees. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of final map or as a condition of issuing a building permit for the property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions from other sources for payment of the share of the improvement costs apportioned to those lands.

(Ord. No. 1133, § 1)

9-36.007 Nature of Improvements. An area of benefit shall not be established and payment of fees shall not be required unless:

The major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

The planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. The fees shall not be expended to reimburse the costs of existing bridge facility construction.

(Ord. No. 1133, § 1)

9-36.008 Protests.

At any time not later than the hour set for hearing objections to the proposed work, an owner of property located within the area of benefit may make written protest against the proposed work or against the proposed cost thereof or the allocation of such cost. Such protest must be in writing, must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk, and no other protests or objections shall be considered.

Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of a public hearing held pursuant to this section.

(Ord. No. 1133, § 1)

9-36.009 Abandonment.

If, within the time when protests may be filed under the provisions hereof, there is a written protest, filed by the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and if sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions hereof. Nothing herein shall preclude the processing and recordation of final subdivision maps in accordance with other provisions of law if proceedings are abandoned.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions hereof to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing herein shall prohibit the city council, within such one year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

(Ord. No. 1133, § 1)

9-36.010 Use of Funds. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project, and fees paid pursuant to this section shall be deposited therein. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Money in the fund should be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City of Novato for the cost of constructing the improvement. The term "construction" as used herein includes design, acquisition of right-of-way, administration of construction contract and actual construction.

(Ord. No. 1133, § 1)

9-36.011 In-Lieu Considerations. In lieu of payment of all or a portion of the fees imposed under the provisions of this section, the city council may require other considerations including, but not limited to: Lands and rights- of-way needed for the major thoroughfare or bridge project, legal, engineering, administrative or inspection services for the project, construction and dedication to the city of all or a portion of the major thoroughfare or bridge project or other public facilities.

(Ord. No. 1133, § 1)