§ 19.26

The standards of this Division are intended to:

A.

Protect the City's scenic resources and distinctive environmental setting by preserving ridgelines and scenic vistas in their natural state, limiting development in hillside areas and encouraging retention of natural topographic features and vegetation;

B.

Reduce the potential for hazards and environmental degradation related to slope failure, increased erosion, sedimentation, storm water run-off, fire hazards, loss of vegetation, excessive grading, visual intrusion of structures, and potential for traffic hazards;

C.

Provide for compatibility of land uses, maintain privacy for property owners where feasible and preserve public views of hillsides, ridgelines, and natural vegetation;

D.

Provide for safe, convenient and structurally sound development in hillside areas and minimize risk from natural disasters;

E.

Minimize grading and encourage grading practices and design techniques that are appropriate in hillside areas;

F.

Provide for proper maintenance and fire management and minimize public expense for long-term maintenance of slope areas and public improvements in hillside areas.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The standards in this Division apply to subdivisions, uses, new structures, additions to existing structures including accessory structures and to all other development on parcels with an average slope of 10 percent or greater. See also Section 19.20.080 (Scenic Resource Protection), and General Plan Exhibit EN - Map 3 in Chapter IV: Environment.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Design Review approval shall be required for all development subject to the provisions of this Division, except for new accessory structures, additions to existing residential structures which are less than ten percent of the

square footage of the structure to be expanded, retaining walls or other improvements that are determined by the director to be visually insignificant. See also Section 19.42.030 (Design Review). The Design Review application and review process for all hillside development shall include the following procedures and application submittal requirements:

A.

As part of the design review process, a Design Review Commission workshop shall be held as described by the procedure in Section 19.42.030 (D)(1) for all hillside development projects. However, applications for individual Single-family homes, minor additions and accessory structures may be exempted from the workshop requirement as determined by the director.

B.

When a hillside development project requires multiple land use permit and/or subdivision applications, all such applications shall be filed, processed, reviewed and considered for action concurrently.

C.

All Design Review applications for hillside development shall be accompanied by information and materials required by Section 19.40.040 (Application Preparation and Filing), and all additional materials required by the application contents handout provided by the department for hillside development as updated.

D.

A constraint analysis shall be prepared and submitted with a Design Review application for undeveloped hillside sites in compliance with Section 19.40.040 B (Constraints Analysis). The extent of information included in the constraint analysis shall be based on and limited to the known constraints of the site. For example, the constraint analysis need not include special studies and surveys assessing riparian conditions, if such conditions are clearly not present on the site. Regardless, the analysis shall be accompanied by a geotechnical report, which identifies and proposes mitigation measures for any soils or geological conditions that may affect site stability or structural integrity.

E.

Three-dimensional building elevations and scaled cross-sections shall be prepared and submitted to demonstrate building planes, heights and massing.

F.

A photo montage, computer-generated visual simulations and/or a site model may be required when the director determines that such information is necessary to demonstrate topographic relationships, building mass and scale, site grading, visual impacts or project relationship with the adjacent neighborhood.

G.

The installation of story poles is required to demonstrate the location, footprint, massing and height of proposed hillside buildings. The installation of stakes and flags may also be required to demonstrate the location of proposed access roads, driveways and retaining walls. Story poles shall be erected in accordance

with the City of Novato Placement of Story Poles Policy and Procedures, which are available at the Community Development Department.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Hillside development shall comply with the following design criteria, as deemed applicable by the review authority:

A.

Terrain Alteration. The project should be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns that require excessive cuts or fill, form visually protruding horizontal bands or steeply cut slopes for roads or lots shall be avoided.

B.

Structure Siting and Design. Site design shall utilize varying setbacks, structure heights, split-level foundations, and low retaining walls and terraces to blend structures into the terrain. Front building setbacks shall be varied and staggered consistent with natural hillside character.

C.

Location of Structures. Structures should be located in the most accessible, least visually prominent, and most geologically stable portion or portions of the site. When feasible, place structures so that they will be screened by existing vegetation, rock outcroppings, or depressions in topography. Buildings and improvements should be located to save trees and minimize visual impacts. Additional native plant materials should be added to augment the screening qualities of existing vegetation, where appropriate.

D.

Retaining Walls. Tall and/or long retaining walls shall be avoided. Retaining walls shall be divided into terraces to reduce the individual heights of walls where practicable, with landscaping to screen them from view. Generally, no retaining wall should be higher than 8 feet. See Figure 3-10.

E.

Exterior Lighting. Hillside development shall not create an array of bright lights. Lighting shall be properly designed to eliminate direct and off-site glare and the spill of light to surrounding areas. Site and building designs shall incorporate low-intensity exterior lighting. The use of low ground-level fixtures is encouraged, as opposed to the use of fewer, but taller fixtures.

F.

Colors and Materials. A harmonious mixture of materials, and colors, should be used to blend structures and site improvements with the natural hillside as follows:

1.

Colors that emulate native vegetation and soils shall be used for exterior elevations and roofs. Darker, flat tones, such as, browns, black, greens and terra cotta shall be used for exterior siding and roofs in high-visibility areas. Light or bright colors shall be avoided; and

2.

Surface materials and roofs should include a mix of rough textures to blend with the coarseness of landscaping and natural vegetation in hillside areas. Materials including but not limited to stucco, wood, brick, and coarse block are appropriate materials to use.

G.

Architectural Design. Structures shall be designed as follows:

1.

Buildings and improvements shall be scaled to complement the hillsides and to avoid excessively massive forms that dominate views of the hills.

2.

Residential development on infill hillside lots shall be of a scale that is compatible with the existing adjacent neighborhood, and shall be designed to locate windows, balconies, and outdoor living areas with consideration for the privacy of adjacent dwellings and yards, to the maximum extent feasible.

3.

Building facades shall have varying vertical planes and overhangs shall be used as a means to create changing shadow lines to reduce the visual mass of forms. Building architectural elevations shall be stepped to follow the natural contour of the slope and to minimize building heights. See Section 19.26.050.J for building step back requirements.

4.

Wall surfaces visible from off-site on properties located within an area of Scenic Resource, Section 19.20.080, as designated by the General Plan, shall be minimized in scale through such design features as: the use of single story elements, setbacks, roof pitches, and landscaping.

5.

Roof pitches shall generally be designed to follow the angle of the site slope; but variation may be provided to avoid a monotonous appearance. See Figure 3-9.

6.

Structures with visible structural underpinnings that extend more than six feet above grade shall be avoided. Integrate structural underpinnings for decks, additions or foundation structures that exceed six feet in height into the design aesthetic of the building.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.26.050 - Hillside Project Development Standards.

A.

Residential Density. When creating new residential lots or when a single family property is being developed with more than one dwelling unit, residential densities shall be reduced in compliance with Table 3-6. No development potential shall be allowed for areas with average slopes of greater than 25 percent. Each site to be developed shall be mapped to depict the average slope areas, based on the ranges in Table 3-6. The average slope shall be calculated using the contour measurement method as defined in Article 6 (Definitions - Average Slope) of this chapter. The maximum residential density allowed under the General Plan land use designation is then multiplied by the reduction factor defined for each slope area to determine the maximum allowable density for each area. The maximum number of units allowed is then determined by calculating, the combined sum of the area of each slope category, which have been multiplied by the corresponding reduction factor. Resulting fractional unit numbers shall be rounded down to the nearest whole number. Areas with different General Plan designations or zoning districts must be analyzed as separate site areas to determine the total allowable units. (This section does not apply to the development of one single family dwelling unit or an accessory dwelling unit on an existing, legal lot.)

Table 3-6

Allowable Residential Density

and Building Intensity Floor Area Ratio (FAR) Based on Site Slope

General Plan Land Use Average Slope Range Percent Reduction in Reduction Factor Designation Allowable Units or

B.

Clustered Residential Development. Clustered residential development is required, where appropriate and to the extent feasible, as a means of preserving the natural appearance of hillside areas. Under this concept, dwelling units would be grouped in the more level portions of the site, while steeper areas would be preserved in a natural state.

C.

[Non-Residential Development.] For purposes of this chapter, non-residential development shall include development consisting of residential and non-residential uses where the gross square footage area of the non-residential development exceeds that of the residential development.

D.

Non-Residential Building Intensity. The maximum floor area of nonresidential development shall be reduced for slope areas in compliance with Table 3-6. A building intensity reduction factor of 0.8 shall be applied to that portion of a site with an average slope of 10 to 20 percent. No development potential shall be allowed for slopes greater than 20 percent.

E.

Subfloor Parking for Non-Residential Buildings. The maximum allowable floor area of non-residential development may be increased up to a maximum of 20 percent when at least 25 percent of the required parking spaces are provided below grade, or subfloor and/or incorporated into the design of the building. The 20 percent increase in allowable floor area shall be applied to the total floor area calculated after the maximum allowable floor area ratios for the applicable zoning district and building intensity reduction factors in Subsection D of this section are applied to the site areas. In no case shall a project that receives a bonus, exceed the FAR otherwise permitted pursuant to the General Plan Land Use designation.

F.

Street and Driveway Layout. Streets and driveways shall follow the natural contours of the terrain to reduce grading, where feasible. The following street and driveway designs may be considered subject to the approval of the City Engineer and the Novato Fire Protection District:

1.

Cul-de-sacs, split roads and loop roads, where appropriate to fit the natural topography.

2.

Narrower street sections similar to those defined in the Novato Municipal Code Chapter V (Development Standards) Rural Street Standards, where appropriate to minimize grading, tree removal and visual impacts.

G.

Lot Configuration. The creation of new lots or the relocation of lot lines shall comply with the following standards:

1.

Lots shall not be created which are impractical for improvement, due to steepness of terrain, geologic hazards, or location of watercourses or drainage.

2.

Lot layout shall be designed to avoid grading or building within 25-vertical feet of the top 5-foot contour of a ridgeline or knoll.

3.

Lots shall not be created with building envelopes which would allow structures to project within 25-feet of the top 5-foot contour of a ridgeline or knoll.

4.

Lots shall not be created where the average slope within the building envelopes would exceed 25 percent for residential sites and 20 percent for non-residential sites.

5.

Lot configurations shall be designed to minimize grading and preserve topographic and geologic features.

6.

Lot configurations shall take into account natural landforms and vegetation to the greatest extent possible.

7.

Lots shall be designed to avoid lot-to-lot drainage. Individual lots shall include the top of slope areas to the extent practicable to help reduce lot-to-lot drainage and facilitate any future slope maintenance.

H.

Placement of Structures. Structures shall not be placed on average slopes exceeding 25 percent for residential development and 20 percent for non-residential development, to the extent feasible. Encroachment of building envelopes on slopes exceeding these percentages may be permitted by the review authority only where any of the following findings can be made:

1.

It is substantially unfeasible to locate the proposed building inside the maximum percent slope area; or

2.

Where such location would have a substantially more adverse effect on the environment; or

3.

Where such location is deemed appropriate to facilitate clustered development; or

4.

Measures are included that provide adequate mitigation of environmental impacts such as visual, biological and geotechnical impacts.

I.

Single-Family Residential Building Size Limits. A limitation on home size is required in hillside areas to ensure that the home is compatible with the hillside conditions and the scale of development in the community. Residential building sizes for new homes and additions to existing homes shall be limited by floor area ratio, utilizing a sliding-scale that is based on the average slope of the lot and the lot size. As the average slope of a lot increases by one percent, the allowable floor area ratio is decreased by one percent. The floor area ratio limits are presented in Tables 3-6.1 and 3-6.2. This resulting allowable floor area ratio represents a maximum limit subject to the following conditions and allowances:

1.

The maximum residential building size shall be limited to 4,000 square feet, regardless of the maximum permitted floor area ratio.

2.

A minimum single family residential building size of 2,000 square feet may be permitted, if deemed appropriate by the Review Authority.

3.

The allowable floor area ratio does not include a 500 square foot allowance for garage and accessory structures. The combined square footage of the garage and/or accessory structures area proposed in excess of 500 square feet shall be counted against the maximum allowed floor area ratio.

4.

The square footage of an accessory dwelling unit shall be counted against the maximum floor area ratio applicable to the primary residence and any accessory structures.

5.

The floor area ratio limits presented in Table 3-6.1 apply to existing lots (existing prior to the enactment of this ordinance) with average slopes in excess of 25 percent. New residential lots created after the enactment of this ordinance (Ordinance No. 1480, enacted 1/13/04) are not permitted in areas where the average slope is in excess of 25 percent.

6.

The Review Authority may consider a single family residential building size in excess of the limit established by Tables 3-6.1 and 3-6.2 if any of the following apply:

a.

The subject property contains unique conditions, which permit the building to be secluded and have minimal visibility (upon completion) from off-site public or private property.

b.

It is determined that the proposed design of the residential building is exemplary or unique in innovative architectural design.

Table 3-6.1

Single-Family Residential Building Size Limits for Existing Lots Recorded on or Prior to Enactment of Ordinance No. 1480, Dated 1/13/04

Table 3-6.2

Single-Family Residential Building Size Limits for New Lots Recorded After Enactment of Ordinance No. 1480, Dated 1/13/04

J.

Siting and Height Limitations. Structures that are placed adjacent to ridgelines or knolls shall comply with the following provisions in addition to those required by Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards), and Section 19.20.070 (Height Limits and Exceptions):

1.

Siting Restrictions. Structures shall not be placed so that they are silhouetted against the sky when viewed from a public street, except where the review authority determines that the only feasible building site on an existing lot cannot comply with this standard. See Figure 3-11.

2.

Placement Below Ridgeline Required. Structures shall be located so that a vertical separation of at least 25 feet is provided between the top of the structure and the top five-foot contour of the ridge or knoll to maintain the natural appearance of the ridge. See Figure 3-12. Where the review authority determines that a parcel contains no feasible building site other than where a structure will extend above the ridgeline, proposed structures shall not exceed a height of 16 feet above the highest point on the ridgeline or hilltop within 100 feet of the proposed structure.

3.

Height Measurement. The maximum allowable building height shall be measured in compliance with Section 19.20.070 (Height Limits and Exceptions), with the exception that either the existing pre-developed grade, or the finished grade, whichever has the lower elevation, shall be utilized.

4.

Building Height Limit. The maximum allowable building height shall be 25 feet for residential buildings and 35 feet for non-residential buildings. For residential buildings, the following additional height limits which are intended to reduce building mass are required:

a.

The height of a residential building measured from the lowest grade along any perimeter building elevation to the peak of the highest roof element shall not exceed 35 feet. See Figure 3-12.1.

b.

Building step backs shall be required along the down slope elevation to reduce bulk and mass, and to avoid tall walls in one vertical plane. The height of the tallest vertical plane along down slope building elevations shall not exceed 20 feet measured from grade. Walls extending above this 20-foot limit, shall be stepped back a minimum of 10 feet. See Figure 3-12.2.

Height of Lowest Floor—Cripple Wall Height Limit. The vertical distance between either the natural or finished grade, whichever is lower, and the lowest finished floor elevation of a structure shall not exceed 10 feet.

K.

Setbacks Between Structures and Toes/Tops of Slopes. On adjacent lots having a difference in vertical elevation of three feet or more, the required side yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer.

L.

Fire Safety. Projects shall comply with the fire safety requirements of Chapter V, (Development Standards), Section 5-21 (Fire Safety) of this code.

M.

Grading. Grading plans shall be prepared in compliance with Chapter V (Development Standards), Section 5- 23 (Grading) of this code.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1676, Exh. A, 3-8-2022)

Design Review for hillside development may be approved by the review authority only when the required findings have been made. Design Review for hillside development shall be subject to the findings required under Section 19.42.030.F (Design Review) of this code, and the following supplemental hillside development findings:

A.

The design, scale, massing, height and siting of development is compatible with the character and scale of the surrounding, developed neighborhood.

B.

The design and site layout of the hillside project is respective of and protects the natural environment to the maximum extent feasible.

C.

Site grading has been designed to be as minimal as possible to achieve sensitive hillside design, minimize tree removal, and provide safe site access and required parking.

D.

The hillside project is designed and sited to screen development, to the extent feasible, through clustering and/or avoiding of highly visible hillsides, ridgelines, and knolls.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.27 - RESIDENTIAL OBJECTIVE ARCHITECTURE STANDARDS