§ 19.42

A.

Permit Review Procedures. This Division provides procedures for the final review, and approval or disapproval of the land use permit applications established by this Zoning Ordinance.

B.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in Chapter 9 (Land Subdivision) of the Municipal Code.

C.

Application Filing and Initial Processing. Where applicable, the procedures of this Division are carried out after those described in Division 19.40 (Applications - Filing and Processing), for each application.

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

A.

Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zoning district, and the development standards applicable to the type of use.

B.

Applicability. Where Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) or other provision of this Zoning Ordinance requires a Zoning Clearance as a prerequisite to establishing a land use:

1.

A Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Zoning Ordinance for the proposed use; and

2.

The Director shall evaluate the proposed use to determine whether the clearance may be granted in compliance with this Section.

C.

Review and Approval. The Director shall issue the Zoning Clearance after determining that the request is consistent with the General Plan and any applicable specific plan and complies with all Zoning Ordinance provisions applicable to the proposed use (including applicable Master Plan and Precise Development Plans).

Zoning clearance may be obtained by any one of the following methods:

1.

A Department staff signature or other Department notation on a Building or Grading Permit;

2.

A Department staff signature on a home occupation permit; or

3.

A letter or other certification provided at the discretion of the Director.

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

A.

Purpose. This Section establishes procedures for the City's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). These procedures are not intended to restrict innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this Section are, therefore, to:

1.

Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

2.

Ensure that new uses and structures enhance their sites with the highest standards of improvement and are compatible with surrounding neighborhoods;

3.

Protect the increasing values, standards, and importance of land and development in the community;

4.

Retain and strengthen the visual quality of the community;

5.

Assist project developers in understanding the public's concerns for the aesthetics of development, and

6.

Ensure that development complies with all applicable City standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B.

Applicability. Table 4-2 identifies when minor or major design review is required.

Table 4-2

Applicability of Design Review

NOTES:

1 Minor additions and new accessory structures which constitute less than 10% of the square footage of the existing structures and which are deemed to be visually or functionally insignificant are exempt from design review.

2 Projects deemed to be visually and functionally insignificant by the Director are exempt from design review.

3 See Section 19.34.032 for height and location requirements.

C.

Timing of Design Review. When required, Design Review shall be granted before the issuance of the Building Permit or the establishment of a temporary open lot use.

D.

Design Review Process. The Design Review process shall be conducted as follows:

1.

Design Review Workshop. At the option of the applicant, unless otherwise required by another section of this Chapter, the Director will arrange for an introductory workshop with the Design Review Commission (DRC) to review with applicant the City's standards and guidelines that may affect project site design, with respect to elements such as access, grading, tree removal, neighborhood compatibility, building placement and massing. The Director shall provide for courtesy noticing of property owners within 600 feet of the site.

2.

Application Preparation, Filing, Initial Processing. An application for Design Review shall be prepared, filed and processed in compliance with Division 19.40 (Applications - Filing and Processing). The Director shall determine whether the application presents issues or sufficient public concern to warrant a hearing by the Design Review Commission or review and action by the Director.

3.

Evaluation of Proposal. The Review Authority shall consider the design, location, site layout, and the overall effect of the proposed project upon surrounding properties and the City in general. The review shall compare the proposed project to applicable development standards, design guidelines, and other City regulations.

4.

Minor Design Review.

a.

Opportunity for Hearing and Action. An application for Minor Design Review shall be approved or disapproved by the director no sooner than the 11th day after public notice has been provided in compliance with division 19.58 (Public Hearings); provided that no public hearing shall be required unless requested in writing by an interested party on or before the tenth day following public notice.

b.

Findings and Conditions. The decision by the director shall comply with subsection E.; conditions of approval may be imposed in compliance with subsection F.

c.

Referral to DRC. The director may defer action on a minor design review application and instead refer the matter to the DRC for major design review and decision in compliance with the following subsection D.5.

5.

Major Design Review. Decisions on major design review applications shall comply with subsection E.; conditions of approval may be imposed in compliance with subsection F. Public notice of meetings shall be given in compliance with division 19.58 (public hearings).

a.

Design Review of Site Plan. After the director has determined the application complete and prior to any decision on any land use permits or other city entitlements required for the project, an application for major design review shall be scheduled for a public hearing before the design review commission for a recommendation to the review authority on the project site plan.

b.

Design Review of Building and Landscaping. After the approval of the project land use permit by the applicable review authority, the major design review application shall be scheduled for a public hearing before the design review commission for approval or disapproval of project buildings, architecture, landscaping, color and materials.

c.

Combined Review. The review, described in subsection D.5.b., above, may be combined at the applicant's request and processed in compliance with subsection D.5.a., above; and shall be combined in cases where project requires major design review but is not required by this zoning ordinance to have another land use approval at the same time.

E.

Design Criteria. In granting Design Review approval, the Review Authority shall impose conditions as deemed appropriate to ensure compatibility with surrounding uses, to provide good quality architectural and site design, and, to protect the public health, safety, and general welfare. Unless previously established by approval of a precise development plan, the following criteria shall be considered in reviewing an application for design review and establishing conditions for the project:

Site Design.

1.

Height, bulk, and area of buildings and the overall mass and scale of the project in relation to the site characteristics, neighborhood, and surrounding land uses.

2.

Site layout, buffers and setback distances and physical relationship of structures and uses on the site and to surrounding topography, natural resources, uses and structures.

3.

Site access, including pedestrian, bicycle and equestrian access (if appropriate), parking and loading areas (including bicycle parking facilities) and on-site and off-site traffic and pedestrian circulation, access for recycling and refuse collection, loading and disposal.

Landscape elements, integrating opportunities for passive recreation facilities and outdoor use areas and adequate shading of pavement and windows.

5.

Orientation to natural site amenities, scenic views, and protection, preservation and integration of scenic, historic and natural resources.

6.

Integration of site into the pedestrian and traffic circulation system, including off-site improvements and opportunities for connections to adjoining streets, parks, open space, community facilities and commercial areas.

7.

Articulation in building facades, exterior architectural design details, quality of materials, variation of textures, and harmony of colors.

8.

Articulation in rooflines and the type and pitch of roofs and/or mechanical screening and overhangs for proper shading and solar access to windows.

9.

Location, size and spacing of windows, doors and other openings and orientation for passive solar heating and cooling and the provision of awnings, enclosures and overhangs for entryways.

10.

Location and orientation of windows, doorways, and outdoor use areas and the potential for heat, glare, odors, noise or other disturbance from on or off-site sources (i.e., direct sun from west exposures, outdoor lighting, food service areas, recycling and refuse areas, mechanical equipment, roadways, railroads and aircraft overflights, etc.).

11.

Towers, chimneys, roof structures, flagpoles, radio, telecommunications and television masts/poles or other small projections

12.

Signage including the size, type, location, material quality, durability, textures, height, color, light intensity and integration into the building and street design, and the potential for distraction of traffic and/or obstruction of other signs, accessways and sight visibility areas.

13.

Location, design and standards of exterior illumination, including street lighting and signs.

Location of utility installations, access for maintenance and visual screening.

15.

Location, design, visual screening and access for recycling and refuse disposal.

16.

Use of durable quality materials and provisions for long-term maintenance including identification of responsible party and funding source for public improvements and open space areas

F.

Findings and Decision. When acting as a decision maker, the Review Authority may approve a Design Review application only after first finding that:

1.

The design, layout, size, architectural features and general appearance of the proposed project is consistent with the General Plan, and any applicable Specific Plan and with the development standards, design guidelines and all applicable provisions of the Municipal Code, including this Zoning Ordinance and any approved Master Plan and Precise Development Plan.

2.

The proposed project would maintain and enhance the community's character, provide for harmonious and orderly development, and create a desirable environment for the occupants, neighbors, and visiting public.

3.

The proposed development would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the vicinity; does not interfere with the use and enjoyment of neighboring existing or future developments and does not create potential traffic, pedestrian or bicycle hazards.

G.

Post Approval Procedures. The procedures in Article 5 (Zoning Ordinance Administration) for appeals, project changes, expiration, performance guarantees, and revocation, and the procedures in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply after the decision on a Design Review application.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1628, § 3(Exh. B), 11-14-2017)

A.

Purpose. This Section establishes procedures for the granting of Temporary Use Permits that allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B.

Applicability. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit in compliance with this Section. The following two categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

1.

Exempt temporary uses are identified in Subsection C. (Exempt temporary uses), below; or

2.

Temporary Use Permits are identified in Subsection D. (Allowed temporary uses), below.

C.

Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Subsection D. (Allowed temporary uses), below.

1.

Car Washes for Fundraising. Car washes, limited to a maximum of two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious, or service organizations located on a site directly engaged in civic or charitable efforts, on non-residential properties.

2.

Construction Yards—On-Site. A construction yard, located on a site with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

3.

Emergency Facilities. Emergency public health and safety needs/land use activities.

4.

Garage Sales. Garage sales are exempt from the requirement for a Temporary Use Permit provided that sales occur no more often than two times within a 12-month period per residence, for a maximum of two consecutive days each.

D.

Allowed Temporary Uses. The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Zoning Administrator. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.

Car Washes for Fundraising. Car washes, more than two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501 (c) of the Federal Revenue and Taxation Code.

2.

Construction Yards—Off-Site. A construction yard located off-site from an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project. (See also Subsection D.11, below, regarding temporary work trailers.)

3.

Events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, swap meets, and similar events, for 10 consecutive days or less, or four two-day weekends, within a 12-month period.

4.

Location Filming Activities. The temporary use of an approved site for the filming of commercials, movies, videos, etc. The Zoning Administrator shall make an additional finding: the approval would not result in a frequency of uses likely to create incompatibility between the temporary filming activity and the surrounding neighborhood.

5.

Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., sidewalk sales), in compliance with 19.34.130 (Outdoor Dining, Display and Sales).

6.

Outdoor Sales of Flowers and Produce. The temporary outdoor sales of items (e.g., flowers, fruits, vegetables, etc.) grown on the subject property, in compliance with 19.34.130 (Outdoor Dining, Display and Sales), which shall be allowed only if the property is engaged in agricultural production for the duration of the temporary use. The maximum duration shall not exceed 180 consecutive days, within a 12-month period.

7.

Residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project. The permit may be approved for a specified duration, or upon expiration of the Building Permit, whichever occurs first.

8.

Seasonal Sales Lots. Seasonal sales activities (for example, pumpkins, Christmas trees, etc.) including temporary residence/security trailers, on non-residential properties, for 45 days or less for each seasonal

product, within a 12-month period. These activities shall also comply with Section 19.34.130 (Outdoor Dining, Display, and Sales).

9.

Temporary Model Homes and Real Estate Offices. Temporary model homes, real estate offices, and related facilities may be established within the boundaries of an approved residential subdivision project, solely for the first sale of homes. The application may be approved for a maximum time period of 18 months.

10.

Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.

11.

Temporary Work Trailers.

a.

A trailer or mobile home may be used as a temporary work site for employees of a business:

(1)

On a site approved for construction of a subdivision or other development project when a valid Building Permit is in force; or

(2)

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained; or

(3)

For short-term (one-month) medical services, such as blood drives or vaccinations, in a nonresidential zone.

b.

A permit for temporary work trailers may be granted for up to 12 months.

12.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

E.

Application Filing, Processing, and Review. An application for a Temporary Use Permit shall be filed with the Department and processed in the following manner:

Application Contents. The application shall be made on forms furnished by the Department, and shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications. It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection G. (Findings and decision), below.

2.

Time for Filing. An application for a Temporary Use Permit shall be submitted for review in compliance with this Section, a minimum of 30 days before the establishment or operation of the proposed use.

F.

Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.

1.

Adjustment of Standards. The Zoning Administrator may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

2.

Removal of Materials and Structures Associated with the Temporary Use. All materials and structures associated with the temporary use shall be removed within 10 days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs.

3.

30-Day Interval Before New Permit. A minimum of 30 days shall pass between the issuance of a new Temporary Use Permit and the expiration of a similar Temporary Use Permit for the same property, unless otherwise specified by Subsection D. above, or the actual removal of the materials and structures associated with the former use, whichever last occurs.

4.

Other Permits Required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.

G.

Findings and Decision.

1.

A Temporary Use Permit may be approved, modified, conditioned, or disapproved by the Zoning Administrator, without the requirement for a noticed public hearing.

2.

The Zoning Administrator may defer action and refer the application to the Commission for review and decision at a noticed public hearing, in compliance with Division 19.58 (Public Hearings).

3.

The Zoning Administrator may approve or conditionally approve a Temporary Use Permit application, only after first finding that:

a.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

b.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and

c.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Ordinance.

H.

Conditions of Approval. In approving a Temporary Use Permit, the Zoning Administrator may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G. (Findings and decision), above.

I.

Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Ordinance. The Review Authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

J.

Post-Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5 (Zoning Ordinance Administration), and those identified in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a Temporary Use Permit application.

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

A.

Purpose. Use Permits are intended to allow for activities and uses which may be acceptable in the applicable zoning district if compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location.

The procedures of this Section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B.

Applicability. A Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts and Allowable Land Uses) and Article 3 (special provisions for uses near Waterways (Division 19.35) or Wetlands (Division 19.36) as being allowable in the applicable zoning district subject to the approval of a Use Permit.

C.

Application Filing and Processing. An application for a Use Permit shall be filed and processed in compliance with Division 19.40 (Applications - Filing and Processing).

D.

Project Review, Notice, and Hearing.

1.

Each Use Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

The Zoning Administrator shall determine whether the application presents issues or sufficient public concern to warrant hearing by the Commission instead of the Zoning Administrator.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Division 19.58 (Public Hearings).

4.

The Review Authority shall conduct a public hearing on an application for a Use Permit prior to the approval or disapproval of the permit.

E.

Findings and Decision. Following a public hearing, the Review Authority may approve or disapprove an application for a Use Permit. The Review Authority shall record the decision and the findings upon which the decision is based. The Review Authority may approve a Use Permit only after first finding that:

The proposed use is consistent with the General Plan and any applicable specific plan;

2.

The proposed use is allowed with a Use Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Ordinance and any relevant Master Plan and/or Precise Development Plan;

3.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

4.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and

5.

The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

F.

Conditions of Approval. In approving a Use Permit, the Review Authority may impose conditions (e.g., limitations on use, buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E. (Findings and decision), above.

G.

Post-Approval Procedures. Procedures relating to appeals, changes, expiration, performance guarantee, and revocation, as identified in Article 5 (Zoning Ordinance Administration), in addition to those identified in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following action on a Use Permit application.

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

19.42.060 - Master Plans and Precise Development Plans.

A.

Purpose. Master Plans and Precise Development Plans are intended to promote and encourage innovation and flexibility in the design of proposed development within the PD zoning district, for more effective environmental resource preservation, and greater sensitivity to the characteristics of the site and surrounding properties.

1.

Proposed Master Plans and Precise Development Plans are encouraged and expected to produce a comprehensive development of greater quality than that normally resulting from more traditional development.

The Review Authority shall determine whether a Master Plan or Precise Development Plan should be approved by weighing the public need for, and the benefits to be derived from, the proposed project against the potential negative effects it may cause.

B.

Applicability.

1.

When Required. Master Plans and Precise Development Plans are required prerequisite to development in the PD (Planned Development) zoning district, in compliance with the provisions of Division 19.14 (Special Purpose Zoning Districts).

2.

Scope of Proposal. A Master Plan shall include all contiguous property under the same primary zoning district and ownership.

C.

Scope of Approval. The approval of a Master Plan and Precise Development Plan shall constitute a rezoning of the property and zoning text amendment and shall establish the following specific requirements for the development and use of the proposed site, consistent with the General Plan and any applicable Specific Plan. The following provisions to be included may either be in the form of specific standards unique to the particular project site, or may be in the form of references to specific provisions of this Zoning Ordinance:

1.

Master Plans. Master plans shall establish for the site:

a.

Allowable land uses and any subsequent land use permit requirements that shall apply after Precise Development Plan approval; and

b.

The allowable density and intensity of development, including: the total number and type of dwelling units that may be allowed for residential development (i.e., attached or detached units and product types) and/or the total square footage, maximum floor area ratios and building massing requirements for nonresidential development.

c.

The suitability of the property for the proposed development and the capacity of existing public facilities, services and systems to support the proposed development.

Precise Development Plans. Precise Development Plans shall establish the following, consistent with the approved Master Plan:

a.

Minimum lot size and site coverage requirements;

b.

Minimum setback requirements and structure height limits;

c.

Off-street parking requirements;

d.

Landscaping requirements;

e.

Requirements for accessory uses and structures; and

f.

Other site planning, development standards, and special provisions and requirements as deemed necessary by the Review Authority.

3.

Combined Plans. A single plan, serving as both Master Plan and Precise Development Plan, or as a Master Plan, Precise Development Plan and/or Use Permit and/or Development Agreement or other approval required of the Novato Municipal Code (such as a "rural road" designation, tree removal permit, etc.) may be submitted by an applicant. If so submitted, it shall be processed by the City pursuant to this subsection. All of the information requirements of this Division must be set forth in the combined plan. The combined plan shall constitute a rezoning and zoning text amendment. If a use otherwise requiring a Use Permit in a comparable zoning district or other approval is included in a Master Plan or combined plan pursuant to this subsection, it shall be considered to be a part of the Master Plan or combined plan approval without requiring a separate permit or approval.

D.

Effect of Approval, and Administration of Approved Plans. After the Master Plan and Precise Development Plan approval, the land uses allowed on the site and the proposed development shall comply with:

1.

The standards of the Master Plan and Precise Development Plan to the extent that those provisions differ from the standards of this Zoning Ordinance, and

The provisions of this Zoning Ordinance where the Master Plan or Precise Development Plan are silent on any aspect of land use or development that is otherwise regulated by this Zoning Ordinance.

In any case where a Master Plan or Precise Development Plan is silent on an aspect of land use or development otherwise regulated by this Zoning Ordinance, the allowable land use requirements and development standards of the most comparable zoning district shall apply, as determined by the Director.

E.

Master Plan Procedures. Master Plans shall be prepared, filed, processed, and approved or disapproved as follows:

1.

Application Filing and Processing. An application for Master Plan approval shall be filed and processed in compliance with Division 19.40 (Permit Application Filing and Processing), and as an amendment to the Zoning Ordinance Text and Map in compliance with Division 19.56 (General Plan, Zoning Ordinance, and Zoning Map Amendments and the following requirements). The Master Plan application shall include the following information and materials:

a.

Graphic documents (one or more maps or drawings) accurately drawn to scale and sufficiently detailed to show:

(1)

Boundaries and area of the site;

(2)

Areas of the site to be developed with each type of land use and the maximum allowable density or building intensity identified; areas designated for open space; and the basic street pattern.

(3)

Topography, with existing and proposed contours shown at a minimum interval of 10 feet;

(4)

Site slopes, calculated and classified in ranges from 0 to 15 percent, 15 to 30 percent, and 30 percent plus, with the aggregate area of each range measured and stated and the allowable density based on the hillside reduction factors;

(5)

All existing structures and improvements on the site;

(6)

Existing tree coverage, type of trees, and areas of tree removal;

(7)

All water areas (ponds, lakes, streams, wetlands, and drainage ways);

(8)

Contiguous properties, their zoning and existing uses and structures and other improvements;

(9)

Surrounding street pattern;

(10)

Single-line sections of each building type proposed, sufficiently detailed to show conceptual height, bulk, and their relationship to the topography on slopes over 10 percent;

(11)

Designation of projected density and/or intensity of development. Density in gross and net figures for residential uses and, lot and building coverage, and total square footage of floor area for nonresidential uses; and

(12)

Geologic map graphically identifying areas of potential geologic problems or hazards.

b.

Written statements describing the development concepts as they apply to the following subjects:

(1)

Type, intensity, form and function of the project;

(2)

Utilities (gas, electric, water, sanitary sewer, telephone);

(3)

Public services (police, fire, schools, mail);

(4)

Public conveniences (solid waste, TV, newspapers);

(5)

Public facilities (streets, library, public transportation and parks, including a proposal for meeting Section 9-20 of the Novato Municipal Code);

(6)

Historic or archaeological resources;

(7)

Noise sources;

(8)

Traffic (auto, bike, pedestrian, equestrian);

(9)

Soils, flooding, geologic hazard, seismic hazard;

(10)

Storm drainage;

(11)

Shopping (local, regional) and service uses (medical, financial, administrative);

(12)

Wildlife and vegetation; and

(13)

Disposition or management of nondeveloped areas.

c.

Information provided as required by the Director to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act).

d.

A list of all property owners included on the Master Plan and a map depicting the parcel ownership.

2.

Design Review Required. Prior to review by the Planning Commission, Master Plans shall first be reviewed by the Design Review Commission to review site constraints and for a site plan design recommendation. Recommendations of the Design Review Commission shall be based on review of the submittal items required in Subsections 19.42.060 E(1)a and consideration of appropriate conditions of approval and findings in Subsections 19.42.030 F. Design Review Commission recommendations shall be advisory and shall be transmitted to the Planning Commission with the staff evaluation on the areas of findings required by Subsection E.3 below. The Planning Commission shall consider the staff evaluation and the Design Review Commission's recommendation in making its findings and recommendations to the Council on the Master Plan.

Planning Commission Action on Master Plan. Following a public hearing in compliance with Division 19.58, the Planning Commission may recommend that the Council approve, conditionally approve, or disapprove the Master Plan. The Commission may recommend approval of a Master Plan only after first making all of the following findings:

a.

The proposed Master Plan development is in conformance with the applicable goals and policies of the General Plan and any applicable specific plan;

b.

The proposed Master Plan development can be adequately, conveniently, and reasonably served by public conveniences, facilities, services, and utilities;

c.

The proposed Master Plan development concepts are reasonably suited to the specific characteristics of the site and the surrounding neighborhood; and

d.

The location, access, density/building intensity, size and type of uses proposed in the Master Plan are compatible with the existing and future land uses in the surrounding neighborhood.

4.

Council Action on Master Plans.

a.

After a Planning Commission recommendation for the approval or disapproval of a Master Plan, the Council shall review the Master Plan in a noticed public hearing in compliance with Division 19.58 (Public Hearings).

b.

Following the public hearing, the Council may approve, conditionally approve, or disapprove the Master Plan. The Council may approve the Master Plan only after first making all of the findings required by Subsection E.3 above.

c.

Disapproval shall be by motion. Approval or conditional approval shall be by the adoption of an ordinance in compliance with Division 19.58 (Public Hearings).

F.

Precise Development Plan Procedures. Precise Development Plans shall be prepared, filed, processed, and approved or disapproved as follows: A Precise Development Plan for a proposed development may be submitted and processed concurrently with a proposed Master Plan for the same site, or after Master Plan approval.

1.

Application Filing and Processing. An application for precise Development Plan approval shall be filed and processed in compliance with Division 19-40 (Permit Application Filing and processing) and shall include the following:

a.

Graphic documents (one or more maps or drawings) accurately and clearly drawn to scale and dimensioned to show:

(1)

A site plan for the conceptual and completed project showing all buildings/structures; streets; parking, pathways, patios, decks, pools, accessory buildings, fences, walls and similar improvements.

(2)

A preliminary grading plan with a contour interval of at least five feet, showing area, height and slope of all cut or fill banks, earth quantities of import or export.

(3)

Preliminary landscape plans including the location, trunk diameter and type of all existing trees more than three inches in diameter measured 24 inches above ground level within the development area noting which, if any, are to be removed. These plans shall also show areas to be planted with trees, shrubs, groundcover, and hydroseeding and whether such trees or shrubs are to be evergreen or deciduous.

(4)

Geologic hazard map, identifying areas of geologic problem or hazard.

(5)

Existing land uses and zoning of surrounding properties.

(6)

Preliminary utility plan including storm drainage system.

(7)

Typical architectural concepts including floor plans and sections.

b.

Written statements describing the development concepts related to the following subjects:

(1)

Type and intensity of the uses to be established with approximate land area and square footage of floor areas and number of bedrooms for residential uses.

(2)

Professional analysis and report on soils, flooding, geologic hazard, seismic hazard, wildlife, vegetation, noise, traffic safety, historic or archeological considerations, as identified in the Master Plan or required by the Director.

(3)

Parking computations and ratios (per unit for residential and per square foot in nonresidential).

(4)

Trip generation figures for vehicular traffic (auto/truck/service).

(5)

Subdivision proposals with minimum lot sizes and lot pattern.

(6)

Management plans including standards for maintenance of any open space, common areas, scenic easements, and all waterways or wetlands including identification of responsible party and long-term funding source for maintenance activities.

(7)

Disposition of undeveloped areas, including any proposed dedications or easements.

(8)

Any provisions dealing with ongoing physical development or use limitations such as required yard areas, fence heights, building heights, coverage limitations, maximum floor area ratios, accessory structures, home occupations, parking of recreational vehicles.

(9)

Any provisions dealing with accessory or conditional uses.

(10)

Any provisions dealing with potential for minor deviations from the Precise Development Plan.

(11)

If the project is in a high fire hazard area, as determined by the Novato Fire District, then a fire management plan shall be included. The fire management plan shall describe the terrain, vegetation, fire service, access, and water availability and proposed method to reduce fire hazards, including long-term maintenance standards and management practices and identification of the responsible party and funding source.

(12)

Any proposed exceptions to Chapter 5 (Development Standards Ordinance) of the Novato Municipal Code.

2.

Design Review Required. Prior to review by the Planning Commission, Precise Development Plans shall first be reviewed by the Design Review Commission at a Design Workshop to review site constraints and then second, for a site plan design and building and landscape design recommendation in compliance with Section 19.42.030 D. Recommendations of the Design Review Commission shall be based on review of the submittal items required in Subsections 19.42.060 F 1a. 1, 2, 3, 4, 5, 6, 7 and consideration of appropriate conditions of approval required for both the site and architectural design in Subsections 19.42.030 F. At the election of the applicant, items required in Subsections 19.42.060 F 1a, 1, 3, and 7 may contain schematic designs only with final design details developed after the Planning Commission hearing and the City Council action on the project. If the applicant elects to provide only schematic designs in these areas, then the applicant shall submit final detailed designs for 1, 3, and 7 to Design Review Commission for their review and approval in compliance with Section 19.42.030 D (Design Review) following City Council action. Design Review Commission approval of the final design details shall be required before a project can receive a building permit.

Design Review Commission recommendations shall be advisory and shall be transmitted to the Planning Commission with the staff evaluation on the areas of findings required by Subsection F.3 below. The Planning Commission shall consider the staff evaluation and the Design Review Commission's recommendation in making its findings and recommendations to the Council on the Precise Development Plan.

3.

Planning Commission Action on Precise Development Plans. Following a public hearing in compliance with Division 19.58, the Planning Commission may recommend that the Council approve or disapprove a Precise Development Plan. The Commission may recommend approval of a Precise Development Plan only after first making all of the following findings:

a.

The proposed Precise Development Plan is consistent with the General Plan, any applicable specific plan, and the approved Master Plan;

b.

The proposed Precise Development Plan would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of land uses and structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than might otherwise occur from more traditional development applications;

c.

The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise be detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

d.

The proposed Precise Development Plan standards are reasonably suited to the specific characteristics of the site, and are compatible with the existing and future land uses in the surrounding neighborhood;

e.

The subject site is:

(1)

Physically suitable for the type and density/intensity of development being proposed;

(2)

Adequate in shape and size to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Zoning Ordinance; and

(3)

Served by streets and pedestrian facilities adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.

4.

Council Action on Precise Development Plans.

a.

After a Planning Commission recommendation for the approval or disapproval of a Precise Development Plan, the Council shall review the Precise Development Plan in a noticed public hearing in compliance with Division 19.58 (Public Hearings).

b.

Following the public hearing, the Council may approve or disapprove the Precise Development Plan. The Council may approve the Precise Development Plan only after first making all of the findings required by Subsection F.3 above.

c.

Disapproval shall be by motion. Approval or conditional approval shall be by the adoption of a resolution in compliance with Division 19.58 (Public Hearings).

G.

Post-Approval Procedures. The procedures and requirements relating to appeals, changes, expiration, performance guarantees, and revocation, as identified in Article 5 (Zoning Ordinance Administration), in addition to those in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Master Plan and/or Precise Development Plan. A Master Plan shall be revoked in accordance with Section 19.59.070 (Permit Revocation or Modification) if a Precise Development Plan has not been approved and remains valid within the five (5) year period after the original date of Master Plan approval.

H.

Amendments to a Master Plan or Precise Development Plan. Amendments to a previously approved Master Plan or Precise Development Plan may be applied for in compliance with Division 19.40. The authority of the Planning Commission and Council to act upon an a Master Plan or Precise Development Plan amendment application is limited to considering and taking action with respect to only: (i) the changes in the plan proposed by the amendment; (ii) the direct and indirect effects on the balance of the plan caused by said amendment; and (iii) the environmental consequences of, and any necessary mitigation measure applicable to said changes. The Planning Commission and Council shall follow the same procedures as were required for the City's consideration and action on the original (or previously amended) Master Plan and/or Precise Development Plan approval, except that amendments to a Precise Development Plan involving minor architectural or site changes consistent with the approved Master Plan may be acted upon by the Community Development Director, upon referral, to a higher authority.

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

A.

Purpose. The provisions of this Section allow for Variances from the development standards of this Zoning Ordinance only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

B.

Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Ordinance except allowed land uses, maximum residential density, maximum FAR regulations, specific prohibitions (for example, prohibited signs), or procedural requirements.

C.

Review Authority. A Variance application shall be reviewed, and approved or disapproved by the same Review Authority that is responsible for acting upon the primary land use permit required by this Zoning Ordinance to authorize the use.

D.

Application Requirements. An application for a Variance shall be filed in compliance with Division 19.40 (Application - Filling and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision).

E.

Project Review, Notice, and Hearing. Each Variance application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

1.

The Director shall provide the Review Authority with a recommendation whether the application should be approved, approved subject to conditions, or disapproved.

The Review Authority shall hold a public hearing in compliance with Division 19.58 (Public Hearings), and may approve or disapprove the Variance in compliance with this Section.

3.

In cases where the Zoning Administrator is the Review Authority for a Variance, the Zoning Administrator may defer action and instead refer the application to the Commission for review and decision at a public hearing.

F.

Findings and Decision. Following a public hearing, the Review Authority may approve, approve subject to conditions, or disapprove the Variance, and shall record the decision in writing with the findings upon which the decision is based, in compliance with State law (Government Code Section 65906). The Review Authority may approve an application, with or without conditions, only after first making all of the following findings:

1.

General Findings.

a.

Granting the Variance is consistent with the General Plan and any applicable specific plan;

b.

Granting the Variance would not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district;

c.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self imposed, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards;

d.

Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; and

e.

Granting the Variance would not be materially detrimental to the public interest, health, safety, convenience, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

Findings for Nonresidential Parking Variances. A Variance from the parking standards of Division 19.30 (Parking and Loading) may be granted a nonresidential project to locate a portion of the required parking at an off-site location, or to provide in-lieu fees or facilities instead of the required on-site parking spaces, provided that Review Authority shall first make the following findings, in compliance with State law (Government Code Section 65906.5):

a.

The Variance would be an incentive to, and a benefit for, the project; and

b.

The Variance would facilitate access to the project by patrons of public transit facilities.

G.

Conditions of Approval. In approving a Variance, the Review Authority may impose conditions to:

1.

Ensure that the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

2.

Require project alterations and or features (buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F. (Findings and decision), above.

H.

Post-Approval Procedures. Procedures relating to appeals, changes, expiration, performance guarantee, and revocation, as identified in Article 5 (Zoning Ordinance Administration), in addition to those identified in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following action on a Variance.

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

A.

Application. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Requests for reasonable accommodation shall be submitted with an application for zoning /planning/subdivision action (no fee) and with a letter to the community development director and shall contain the following information:

1.

The applicant's name, address and telephone numbers.

Address of the property for which the request is being made.

3.

The name of the property owner and owner's written consent or signature on application form.

4.

The current actual use of the property.

5.

The basis for the claim that the person(s) is considered disabled under the fair housing laws.

6.

The zoning code ordinance provision, regulation or policy from which reasonable accommodation is being requested.

7.

Why the reasonable accommodation is necessary to make the specific property accessible to the person(s).

8.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the reasonable accommodation.

9.

Other relevant supportive information as requested by the community development director or his or her designee, consistent with fair housing laws.

B.

Decision. The community development director or his or her designee shall render a decision in writing within 30 days after the application is complete, and shall approve, approve with conditions or deny the application based on the findings in subsection C.

C.

Findings. The community development director or his or her designee shall approve the application, with or without conditions, if the following findings are made:

1.

The housing will be used by a disabled person(s);

2.

The requested accommodation is necessary to make specific housing available to a disabled person(s);

The requested accommodation would not impose an undue financial or administrative burden on the city; and

4.

The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5.

The design and location of the accommodation is done in a way to minimize impacts on neighboring properties and the design character of the neighborhood to the extent reasonably feasible.

D.

Appeal. An appeal of the decision by the community development director or his or her designee may be made pursuant to the appeal procedures in division 19.54.

E.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval (including but not limited to: design review, variance, conditional use permit, rezoning, general plan amendment, etc.), then the applicant shall file the information required by subsection A. together for concurrent review with the application for discretionary approval.

(Ord. No. 1592, § 2(Exh. A), 4-15-2014)

DIVISION 19.44 - PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS