§ 9-5

"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 rightsof-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.

a.

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:

1.

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

3.

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

4.

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.

5.

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

b.

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:

1.

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.

3.

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.

4.

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).

c.

Filing.

1.

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.

2.

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.

d.

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.

e.

Action by Planning Commission.

1.

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.

2.

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).

3.

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.

4.

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.

5.

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.

f.

Expirations and Extensions of Tentative Map.

1.

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.

2.

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.

3.

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.

5.

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.

a.

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.

b.

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.

c.

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.

d.

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:

1.

The public health and safety; or

2.

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

e.

Appeals. See subsection 9-3.010.

f.

Fees. See subsection 9-3.008.

g.

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.

a.

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.

b.

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)