§ 5-46 — Novato Planning Code

5-46.002 Establishment of Right-of-Way Lines. ¶

a.

A right-of-way line shall be designated by resolution of the city council after a noticed public hearing, based on findings by the council that:

1.

The reserved area between the existing right-of-way and the designated right-of-way line is necessary for one or more of the public improvements specified in subsection 5-46.001.

2.

The future public improvement is consistent with the adopted City of Novato General Plan.

(Ord. No. 1167, § 1)

5-46.003 Restrictions on Development. After the city council has established a right-of-way line, no person may install, construct or maintain a structure within the designated right-of-way except by obtaining an exception in accordance with the provisions of subsection 5-3.010 and following.

(Ord. No. 1167, § 1)

5-46.004 Nonconforming Status of Existing Structures. A structure which exists in the designated right-ofway or within the building setback area from a designated right-of-way is a legal nonconforming structure, commencing on the date that the council designates the right-of-way, and is subject to any regulations, limitations, abatement and amortization provided in the zoning ordinance.

(Ord. No. 1167, § 1)

5-47 - Surveys, Maps and Monuments.

5-47.002 Requirement. Surveying, mapping and monumentation, as required in conjunction with the affected processes, shall be accurate, complete, uniform and consistent with established city systems.

(Ord. No. 750, § 9.47.002)

5-47.004 Affected Permit or Approval Processes.

Subdivision requiring final map

Subdivision requiring parcel map

Certificate of compliance

Building permit

(Ord. No. 750, § 9.47.004; Ord. No. 948, § 73)

5-47.006 Purpose. To assure uniformity which must be achieved if the involved systems are to be consistent and meaningful.

(Ord. No. 750, § 9.47.006)

5-47.008 Standards.

Surveys.

General. Current standard practice for the detailed operations of surveying shall be used.

Horizontal Control.

(a)

Basis. The basis for horizontal control shall be the City of Novato Coordinate System, which is based on the California Coordinate System, Zone 3.

All Class A surveys shall be tied to the numbered City Coordinate System monuments unless the city engineer determines that the location of such survey is so far removed or otherwise inaccessible from existing numbered City Coordinate System monuments as to make such ties impractical.

(b)

Standards of Accuracy.

(1)

Class A - Subdivision boundaries, land division boundaries, centerline street monuments, and ties to the City Coordinate System shall be set to within linear error of accuracy of no less than 1 in 10,000.

(2)

Class B - All other monuments shall be set within a linear error of accuracy of no less than 1:5000.

(3)

Field angular error shall be proportionate to the system used as specified in paragraphs 1 and 2 above.

(4)

Maximum allowable linear error in all traverse computations shall be 0.007 foot difference between the sums of the latitudes and 0.007 foot difference between the sums of the departures.

(5)

No angular error will be allowed in final computations for closed traverses.

(6)

All latitudes, departures, coordinates, and resultant corrected lengths of courses in traverse computations shall be recorded to a minimum of three decimal places.

(7)

Central angles, bearings, and azimuths shall be recorded to the nearest whole second.

(8)

Distances shall be recorded to the nearest one hundredth of a foot on the map of record and shall be ground distances.

(c)

Stationing. In general, stationing shall increase from south toward north and from west toward east and shall tie to existing survey monuments and pertinent survey points.

(d)

Ties to Coordinate System. All ties to the California Coordinate System monuments will be made by connection to at least two existing numbered city monuments and two subdivision or land division monuments in a closed traverse configuration. The bearings of all street centerlines within a subdivision shall be city coordinate bearings. The city engineer shall, at his option, specify which two of the City of

Novato control points will be used to coordinate the horizontal control. A copy of the computations made in establishing the coordinate ties shall be submitted to the city engineer and filed in his office.

No California Coordinate System monument shall be set and no monuments shall be marked with the City Coordinate System designation or number except as authorized by the city engineer. Subdivision monument coordinates will not be shown on a recorded map, but will be filed with the city engineer.

3.

Vertical Control.

(a)

Basis. The basis for vertical control shall be the city bench marks which are based on the USC & GS mean sea level datum of 1929.

(b)

Standards of Accuracy. The maximum allowable error in feet, of any level circuit, shall not exceed 0.05 foot multiplied by the square root of the length of circuit expressed in miles. Every level circuit shall start and shall close on established bench marks of the city bench level system. No city bench level monument shall be set and no monuments shall be marked with city bench level designation or number except as authorized by the city engineer.

b.

Monuments.

1.

Subdivision and Land Division Staking and Monuments. In making the survey, the engineer or surveyor shall set all corners and angle points in the exterior boundary of the subdivision and all angle points and curve points in the right-of-way lines of all streets, alleys, easements or other lands to be dedicated for public use with iron pipe monuments marked by a metal tag stamped with the registration number of the engineer or surveyor. All lot corners, angle points and curve points shall be staked with 2 inch by 2 inch redwood hubs at least eight inches long or with iron pipes. All corners and monuments shall be marked with the civil engineer's or land surveyor's registration number.

2.

Marks or nails in the curb may be substituted for front line hubs where approved by the city engineer. All lot corners required by this section shall be in place at the time the subdivision improvements are accepted by the city or at the time application is made for a building permit on any particular lot, whichever is sooner.

Street monuments shall be constructed in accordance with the Uniform Construction Standards. At least two permanent monuments shall be set in each block. They shall be within sight of each other and readily accessible in the street area. These monuments may be either on the street centerline or on a line parallel to and offset from the center properly shown and dimensioned on the final map. All monuments shall be subject to the inspection and approval of the city engineer.

(Ord. No. 750, § 9.47.008)

5-48 - Reserved.

5-49 - Traffic Signs and Signals.

5-49.002 Requirement. Where a proposed development will create a street intersection or will add to the traffic volumes (pedestrian or vehicular) of an existing street intersection to the degree that traffic signs or traffic signals are necessary to insure the safety of traffic using such intersection, the developer shall provide such signing or contribute to the cost of providing signalization.

(Ord. No. 750, § 9.49.002)

5-49.004 Affected Permit or Approval Process.

Subdivision requiring final map

Subdivision requiring parcel map

Master plan

Precise development plan

Use permit

Building permit

Encroachment permit

h.

Grading permit

(Ord. No. 750, § 9.49.004; Ord. No. 948, § 74; Ord. No. 1127, § 21)

5-49.006 Purpose. To maintain a reasonable level of safety at points of traffic conflict.

(Ord. No. 750, § 9.49.006)

5-49.008 Standards.

a.

The determination that an intersection requires signing or signalization shall be made by the city engineer in accordance with the traffic warrant procedure contained in the most current traffic manual, published by the State of California business and Transportation Agency.

b.

The developer's share of the cost of signalization shall be calculated by dividing the total estimated increase in average daily traffic (ADT) by the total estimated ADT, which will result after the proposed use and/or development is at maximum occupancy or production, and multiplying the complete cost of signalization by the resulting number. The traffic numbers are to be taken at the subject intersection.

(Ord. No. 750, § 9.49.008)

5-50 - Reserved. 5-51 - Reserved. 5-52 - Reserved.

5-53 - Utilities. (Gas, Electricity, Telephone and Cable TV.)

5-53.002 Requirement. The subject utility services shall be provided for all developments within the city. All affected permit or approval processes shall indicate the manner in which the subject utility services will be provided. Where utility service exists, the manner in which such service is provided shall be shown. Existing utility lines through and service to new developments shall be placed underground and where physical modification of existing structures is proposed, service to such structures shall be placed underground or, at the city's option, a contribution made to the city's underground utility fund. This provision may be waived by the community development director for minor additions or modifications to existing structures.

For purposes of this section, "through" shall mean fronting (to the centerline of adjacent streets) the project. Off-site utility underground construction may be required immediately adjacent to the project in order to satisfy the requirements of this section.

(Ord. No. 750, § 9.53.002; Ord. No. 948, § 75; Ord. No. 989, § 1; Ord. No. 1127, § 22)

5-53.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

Certificate of compliance

Master plan

e.

Precise development plan

Use permit

Plan review

Building permit

Encroachment permit

(Ord. No. 750, § 9.53.004; Ord. No. 958, § 76)

5-53.006 Purpose. To insure that utility service necessary to support the use and development of land is provided and to provide such service in a manner that does not have a negative impact upon the visual character of the community.

(Ord. No. 750, § 9.53.006)

5-53.008 Standards.

a.

General. In providing information on the manner in which the subject utility services are to be provided, the detail and specifics of that information shall relate to the detail and specificity of the type of permit or approval being applied for; for example:

1.

For master plans, the information may be general in nature with primary reference to the capacity of the specific utility to provide service to the project.

2.

For precise development plans and plan review applications, details on location and size of utility systems and on the location of any above-ground elements such as transformers and meters shall be shown.

For building permits and subdivision improvement plans, details of construction showing the location, size and manner of installation shall be shown.

4.

An exception shall be required in order to contribute to the City's Underground Utility Fund in-lieu of undergrounding utilities. Where a development project was not reviewed by the planning commission or city council, such requests for exception shall be considered by the community development director. An applicant may propose an equitable cost sharing of the cost to underground utilities on both sides of the street.

b.

Specific.

1.

All utility transmission lines shall be installed underground.

2.

All utility lines shall be laid to a length such that, in making future connections thereto, street improvements need not be disturbed.

3.

All statements or stipulations regarding provisions of the subject utilities, such as availability or capacity, shall be supported by reference to the specific individual of the utility company from whom the information was received and the date upon which that information was received.

(Ord. No. 750, § 9.53.006; Ord. No. 1127, § 23)

5-54 - Reserved.

5-55 - Water.

5-55.002 Requirement. All affected permit or approval processes shall include provisions for adequate water supply.

(Ord. No. 750, § 9.55.002)

5-55.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

Certificate of compliance

Master plan

e.

Precise development plan

Use permit

Plan review

Building permit

Encroachment permit

(Ord. No. 750, § 9.55.004; Ord. No. 948, § 77)

5-55.006 Purpose. To insure that the North Marin County Water District will provide water to serve the use and/or development upon the establishment of the use or the completion of the development.

(Ord. No. 750, § 9.55.006)