§ 5-25 — Novato Planning Code

5-25.008 Standards. ¶

a.

Construction.

1.

Unless specified elsewhere in this chapter, all construction required to comply with this chapter shall be as specified by the current "Standard Specifications, Cities of Marin and County of Marin", the Novato Department of Community Development or the "Uniform Construction Standards" approved and adopted by the Cities of Marin and County of Marin.

2.

The developer shall warrant that the designs, plans and specifications, furnished by him or by his agents, are adequate to accomplish the development improvements in a good worklike manner and in accordance with accepted construction practices.

3.

All required improvements shall be constructed in accordance with the approved plans.

b.

Inspection, Completion and Acceptance. The city engineer shall make such inspections of the installation of required improvements as he deems necessary to insure that all construction is being done or is done in accordance with the approved plans for such improvements.

c.

Defective Work and Inadequacies of Material.

1.

For a period of one year from the date of the city engineer's acknowledgement of completion of

improvements, the developer will be held responsible, by the city, for the maintenance and repair of defects and failures in work and/or materials which may appear in the improvements, and for correcting the causes of said defects or failures.

Should the designs, plans or specifications, at any time prior to the expiration of the one-year period following "acknowledgment of completion", prove to be inadequate in any respect, the developer shall be required to make such changes in the work as are necessary to correct the inadequacy. After the successful one year maintenance period, and after changes or corrections have been made, the city engineer will issue a "notice of acceptance" of the improvements. Neither "acknowledgement of completion" nor periodic inspection or approval shall release the developer from his obligations under this section.

(Ord. No. 750, § 9.25.008)

5-26 - Reserved.

5-27 - Improvement Plans.

5-27.002 Requirement. Prior to the commencement of construction under any of the affected permit or approval processes, complete plans for all such work shall be submitted to and approved by the city engineer and community development director.

(Ord. No. 750, § 9.27.002; Ord. No. 989, § 1)

5-27.004 Affected Permit and Approval Processes.

Subdivision requiring final map

Subdivision requiring parcel map

Plan review

Certificate of compliance

e.

Use permit

f.

Building permit

g.

Encroachment permit

Grading permit

Precise development plan

Variance

(Ord. No. 750, § 9.27.004; Ord. No. 948, § 45)

5-27.006 Purpose. To insure that the technical detail of proposed work is in conformance with applicable laws, codes and city-imposed conditions.

(Ord. No. 750, § 9.27.006)

5-27.008 Standards.

General.

Improvement plans shall he prepared by a professional possessing appropriate licensing or State registration.

2.

Plans shall be legible and clearly drawn.

3.

Plans shall be of a scale, size and detail as to be usable by competent workers to construct the complete job.

4.

All elevations included in the plans shall be based on the National Geodetic Survey Datum.

5.

Engineering data and computations, as necessary to confirm the accuracy of the plans and insure the adequacy of the proposed improvements, shall accompany all improvement plans.

b.

Specific. Plans shall include the following as they apply to the work proposed:

A complete final grading and erosion control plan of the entire area of construction. The grading and erosion control plan shall show sufficient topographic details outside the limits of construction so that the impact of the proposed development with respect to adjoining properties may be evaluated. The grading and erosion control plans shall indicate:

(a)

Clearing and stripping limits within which all grading will occur:

(b)

The location, trunk diameter and species of all existing trees which have a trunk diameter of six inches or greater which are within or less than ten feet beyond the designated limits of grading or areas of construction for utility installation except in more densely wooded areas or in tree clusters, only the outline need he shown; and

(c)

Whether trees are to be removed.

2.

Detailed plans for street grading, construction of pavement section, gutters and sidewalks. Profiles drawn to scale showing ground and grade elevations on centerline elevations of all streets, highways, walkways, alleys, sanitary and storm sewers, and drainage ways. Plans, views and profiles of streets should be shown on the same sheets.

3.

Other profiles and cross-sections as required by the city engineer.

4.

Detailed plans and specifications for drainage facilities and structures and flood control provisions. Such plans shall show all information required by section 5-27.008 paragraph b1 where construction is to occur outside the limits of grading.

6.

Final landscaping and tree protection plan showing:

(a)

All existing trees, with a trunk diameter of six inches or greater by species, spread and trunk diameter.

(b)

In more densely wooded areas or in tree clusters, only the outline need be shown. However, individual trees within the clusters must be shown if they are to be removed.

(c)

All measures to be utilized to ensure adequate tree protection, including but not limited to those items outlined in section 5-23.008 paragraph b11.

(d)

A final plan for proposed trees and other plant material, indicating species and size at time of planting, soil preparation and maintenance as outlined in section 5-28.

(e)

Any other recognizable feature of importance to design, such as rock outcroppings, with indication of intended disposition.

7.

Irrigation plan, as outlined in section 5-28.

8.

Utility plans signed by all companies, agencies, and districts providing utility service to the development. Utility plans shall show all information required by section 5-27.008 paragraph b,1. where construction is to occur outside the limits of grading.

9.

Such additional plans as may be required by the planning director or city engineer to assure development of the project as approved.

c.

Special Provisions.

1.

Reference to "Uniform Construction Standards" or "State Standard Plans" may be used in lieu of applicable details.

2.

Plan sheets shall not be larger than 24″ x 36″.

3.

Unless waived by the city engineer, the developer shall, within 60 days of completion of a development, furnish the city engineer as-built reproducible copies of the project grading plant and improvement plan. Plans shall be permanent polyester based film reproducibles three mil thick.

(Ord. No. 750, § 9.27.008; Ord. No. 948, §§ 46—51; Ord. No. 1127, § 18)

5-28 - Landscaping, Irrigation, Screening, and Hydroseeding.

5-28.002 Requirement. Landscaping shall be installed as an element of all permits or requests for approval affected by this chapter. For all landscaping which requires periodic watering to survive, an irrigation system shall also be installed.

(Ord. No. 750, § 9.28.002; Ord. No. 948, § 52)

5-28.004 Affected Permit and Approval Processes.

Subdivision requiring final map

Subdivision requiring parcel map

Master plan

Precise development plan

Use permit

Plan review

Grading permit

Variance

(Ord. No. 750, § 9.28.004; Ord. No. 948, § 52)

5-28.006 Purpose. To maintain or improve the overall visual quality of the community; to stabilize erodable soil; to soften the visually harsh aspects of man-made elements; and to counter the effects of man-made improvements on air quality, air temperature and sound levels. The requirements contained in the section are to be considered minimum standards and may not be sufficient in all cases.

(Ord. No. 750, § 9.28.006; Ord. No. 948, § 52)

5-28.008 Standards.

General.

1.

Landscape plans shall be prepared by a landscape architect or other person qualified by education and experience to prepare such plans.

2.

Changes to approved landscaping or irrigation plans shall not be made without prior written approval of the community development director and the landscape designer.

3.

The construction/installation of landscape and irrigation improvements shall be accomplished in accordance with the approved plans as a prerequisite to any final approval/clearance of the use or development to which it relates.

4.

Evidence of the completion of required landscaping and irrigation improvements shall be supplied to the department of community development by the author of the landscape and irrigation plan. Such evidence shall be on a "Landscape Certification" form available at the Novato Department of Community Development and shall be submitted as a prerequisite to final approval/clearance of the use or development.

5.

A two-year landscape maintenance bond, in an amount equal to 50 percent of the cost of the landscape contract, shall be posted as a prerequisite to the final approval/clearance of the use or development, except for subdivisions with landscaping which is included in the subdivision improvement agreement, in which case a one-year maintenance period is acceptable. The developer may transfer maintenance responsibility to another party, for example, homeowners' association, provided that a bond remains posted for the remainder of the originally-required time period.

6.

Affected permits or requests for approval related to existing developments may, as a condition of approval, specify that the landscaping and irrigation requirements of this chapter be complied with.

7.

Landscape materials shall not be located such that, at maturity:

(a)

They interfere with safe sight distances for vehicular, bicycle or pedestrian traffic.

(b)

They conflict with overhead utility lines, overhead lights, or walkway lights.

(c)

They block pedestrian or bicycle ways.

8.

Grading aspects of landscape plans, such as mounding shall be shown on the grading and erosion control plans.

9.

For projects consisting primarily of additions to or remodeling of existing buildings for which landscaping is required, a deferred completion agreement shall be executed prior to issuance of the building permit. The agreement shall guarantee installation of the landscape and irrigation improvements within one year or prior to occupancy, whichever occurs first.

b.

Landscaping.

1.

Plans Required. Each application for permit or request for approval affected by this chapter shall include plans and written material showing how the landscaping requirements are to be met. The degree of specificity of such plans and written material shall relate to the type of permit or request for approval being sought. For example:

(a)

An application for master plan approval shall include landscaping only where it is to be a key element of the development proposal such as in mitigating known impacts.

(b)

An application for precise development plan or tentative map approval shall include plans and written material showing the areas to be treated with landscaping and the types of material (trees, shrubs, ground cover) to be used. A typical list of species being considered for use shall also be included.

(c)

Plan review and final map applications shall include plans and written material showing, in construction detail: the location, type (both botanical and common name) and size of plant materials; estimated height and spread at maturity; the area and type of top dressing; tree staking; soil mix; planting area separators; fencing; area lighting; trimming of existing trees; existing materials in areas to be planted which will remain; above-ground mechanical equipment such as utility boxes, electrical transformers, other development improvements which could conflict with landscape installations, and all other improvements related to site work to be covered by the landscaping contract.

Materials. Landscape plans shall demonstrate a recognizable pattern or theme for the overall development by choice and location of materials. To accomplish this, landscape plans shall conform to the following:

(a)

Plant materials shall be selected for: energy efficiency and drought tolerance; adaptability and relationship to Novato environment; color, form, and pattern; ability to provide shade; soil retention, fire resistiveness, etc. Overall landscape plan shall be integrated with all elements of the project such as buildings, parking lots, and streets to achieve desirable microclimate and minimize energy demand.

(b)

Plant materials shall be sized and spaced to achieve immediate effect and shall normally not be less than a 15-gallon container for trees, five-gallon container for specimen shrubs and a one-gallon for mass planting.

(c)

The use of crushed rock or gravel for large area coverage shall be avoided (except for walks and equestrian paths).

(d)

Nonturf areas such as shrub beds shall be top dressed with a bark chip mulch or approved alternative.

(e)

Where shrubs or low-level vegetation is used, vegetative matter at maturity shall cover at least 75 percent of any landscaped area.

(f)

Street trees shall conform to the latest street tree list, as approved by the city council.

(g)

The use of landscape materials shall recognize sun exposure of paved surfaces and of structures.

(h)

Undesirable visual elements such as trash storage and mechanical equipment shall be screened by landscaping or other means.

(i)

Planted areas shall be separated from streets or parking areas by Portland cement concrete curbing conforming to the Uniform Construction Standards of the Cities and County of Marin, or a retaining wall.

Design Standards.

(a)

A landscape area with a minimum width of ten feet shall separate a parking lot from the closest existing or planned street improvement.

(b)

Where landscaped areas are provided, they shall be a minimum of three feet in width, except window planter boxes. Landscaped areas containing trees shall be a minimum of four feet in its narrowest dimension.

(c)

Street trees shall be planted at a minimum of one tree for each 40-foot length of right-of-way. Additional trees may be required when spread at maturity is less than 40 feet. Fewer trees may be required where spread at maturity is greater than 40 feet or existing trees will remain. Trees may be alternately spaced as approved by the city.

(d)

The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or other means.

(e)

Not less than five percent of the interior areas of all parking lots and drive-in establishments shall be devoted to appropriately placed landscaping. Required landscaping along public streets shall not be credited toward this requirement.

(f)

Shade trees shall be planted to provide a minimum shade coverage at maturity of 30 percent of the paved area of open parking lots in summer shade at 12:00 noon.

(g)

Where autos will extend over landscaping, the landscaped area shall be increased two feet in depth by decreasing the length of the parking stall by two feet. Where autos will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension shall be seven feet.

c.

Screening.

Where a commercial or industrial development adjoins an existing or future residential district, a solid screen shall be provided which may include planting, except in the required front yard setback, or except where a permanent visual barrier already exists.

2.

When any parking lot is established adjacent to or within an existing or future residential district, it shall be screened as in paragraph 1 above.

3.

A use not conducted entirely within a completely enclosed structure, including open storage of materials and equipment, and refuse areas shall be effectively screened by a solid fence or wall not less than six feet in height.

4.

Loading docks and associated utility areas shall be effectively screened where they will be visible from areas designated for use by the general public.

5.

Mechanical and utility equipment, including rooftop equipment, shall be effectively screened by landscaping, fencing and/or other structures in a manner which is compatible with the development design.

Irrigation.

1.

Plans Required. Irrigation plans shall be submitted with building permit applications for projects subject to plan review (except for single family dwellings) and, when applicable, subdivision approval.

2.

Plan Content. Irrigation plans shall contain all construction details for an automatic system including but not limited to the following:

(a)

Location, type and size of lines

(b)

Location, type and gallonage output of heads

(c)

Location and sizes of valves

(d)

Available water pressure

(e)

Location and type of controller

(f)

Installation details

(g)

Location and type of backflow prevention device (as per Health Code)

(h)

Available water pressure and water meter outlet size

Hydroseeding.

1.

Plans Required. Plans indicating location and type of hydroseeding shall be submitted when such planting is to be utilized for permanent landscape treatment or for natural area restoration.

2.

Plan Content. Hydroseeding plans shall contain installation specifications including but not limited to:

(a)

Seed mix and application rate (seed mix shall contain native California wildflower seeds).

(b)

A seed mix containing a minimum of ten percent shrub and perennial seeds shall be utilized in areas where permanent landscape restoration is required. Species selected shall include plant materials native to the area.

(c)

Fertilizer, mulch material, soil preparation and watering specifications.

3.

Hydroseeded or other "natural" areas shall be separated from other structures and other man-made improvements by an area of more formal landscaping at least five feet in width. Fire-resistant materials are to be used in these areas.

(Ord. No. 750, § 9.28.008; Ord. No. 948, § 52; Ord. No. 989, § 1; Ord. No. 1127, § 19)

5-29 - Lot Size and Configuration.

5-29.002 Requirement. The size and configuration of lots shall be not less than the greater of:

a.

The size required by the zoning which exists upon the subject property; or

b.

The size required to achieve a reasonable building site which provides area for the placement of the permitted structures and associated required improvements consistent with other applicable zoning and development controls such as grading, driveway, height, coverage and parking limitations.

(Ord. No. 750, § 9.29.002)

5-29.004 Affected Permit or Approval Processes.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Lot line adjustment

Precise development plans

e.

Certificate of compliance

f.

Plan review

(Ord. No. 750, § 9.29.004; Ord. No. 948, § 53)

5-29.006 Purpose. To insure that the size and configuration of lots which will result from the approval of an affected permit or approval process are sufficient for the use(s) permitted, by the zoning of the subject property, and intended, by the application for permit or approval.

(Ord. No. 750, § 9.29.006)