Chapter V — DEVELOPMENT STANDARDS — Novato Municipal Code

Sections:

5-1 - Introduction.

The following development standards are hereby adopted.

5-1.002 Citation. This chapter shall be cited and known as the development standards ordinance of the City of Novato.

(Ord. No. 750, § 9.01.002)

5-1.004 Authority. This chapter is authorized by Sections 38660, 65800 and 66410 of the California Government Code which sections allow local government controls in the area of building, planning and subdivision.

(Ord. No, 750, § 9.01.004)

5-1.006 Applicability. The provisions and requirements of this chapter apply to any development or use of property within the city for which a permit or grant of approval is required by the City of Novato.

(Ord. No. 750, § 9.01.006)

5-1.008 Purpose. This chapter is adopted to:

Specify requirements which must be met by uses and/or developments for which a permit or grant of approval is required.

Specify the manner in which the requirements of this chapter can be satisfactorily met.

Allow for innovative approaches, to meet the requirements of this chapter, to be proposed, evaluated and approved, if found to be consistent with the purpose of the requirements.

Specify the purpose of each requirement contained within this chapter so that they may be clearly understood and to provide a specific basis for evaluation of requests for relief from a requirement or for requests to meet a requirement in a manner other than as specified by this chapter.

(Ord. No. 750, § 9.01.008)

5-2 - Reserved. 5-3 - Administration.

5-3.002 Responsibility. The city engineer and the community development director shall be responsible for administering the provisions of this chapter through the permit or approval processes of their departments. Review of this chapter shall be undertaken from time to time as the need arises, but in no case less than once every 18 months. Such review shall involve all interested parties. Any proposed amendments to this chapter shall be submitted to the planning commission for recommendation prior to action by the city council.

(Ord. No. 750, § 9.03.002; Ord. No. 948, § 1; Ord. 989, § 1)

5-3.004 Permits or Requests for Approval Affected by the Requirements of this Chapter. Each section of this chapter, which sets forth a requirement, also specifies which permit or request for approval process is affected by that requirement. Any permit or approval process not so specified is exempt from the stated requirement. For projects which require more than one of the following permits or approvals, the requirements of this chapter may be imposed with any such permit or approval. Permit or approval processes affected by this chapter include the following:

Subdivision requiring final map

Subdivision requiring parcel map

Lot line adjustment

Certificate of compliance

Master plan

Precise development plan

Use permit

Variance

Plan review

Building permit

Grading permit

Encroachment permit

Tree removal permit

Sign permit

(Ord. No. 750, § 9.03.004; Ord. No. 948, § 2)

5-3.006 Effect of Specified Requirement. No permit or request for approval shall be issued or granted until the requirements specified for such permit or grant of approval have been met or will be met as a condition of such issuance or grant.

(Ord. No. 750, § 9.03.006)

5-3.008 Manner for Satisfactorily Meeting a Requirement. Each section of this chapter, which sets forth a requirement, also specifies the manner by which that requirement is to be met. That manner is Titled "Standard" and is set forth in each section. Unless relieved of the requirement or an alternate method for meeting the requirement is approved through the exceptions process, the given standard shall be complied with.

(Ord. No. 750, § 9.03.008)

5-3.010 Exceptions. Should an applicant feel that a requirement or standard is unjustified or inappropriate or should an applicant feel that he can meet a requirement in a manner other than as set forth by the standard; he may request such relief or propose an alternative to the standard by the following process. Exceptions may be proposed and granted by the exception authority at the time of action on the permit or request for approval affected by this chapter. However, the findings for such exceptions shall be made in accordance with section 5-3.010 paragraph c.

Request for Exceptions. An applicant desiring to be relieved of a specific requirement or "Standard" or proposing an alternate to the "Standard" for a specific requirement shall submit a written "Request for Exception" with the application for permit or grant of approval. Such request shall clearly set forth the grounds upon which the applicant finds that the relief or alternative is justified.

Action of Requests for Exceptions. Requests for exceptions shall be acted upon as an element of the permit or request for approval. The authority to approve, approve with conditions or deny requests for exceptions shall lie with that level of authority empowered to act upon the permit or request for approval. This does not alter the fact that, under the appeal process, final authority rests with the city council. The exception process shall not be used to circumvent or contradict previous approvals. If a request for exception is submitted which is of a level of detail appropriate to a previous approval, then it shall be returned for action by the level(s) of authority making the original approval.

The following listing indicates the level of authority for actions on requests for exceptions:

Permit or Request for Approval Exception Authority

Subdivision requiring final map ..... Planning commission

Subdivision requiring parcel map ..... Community development director

Lot line adjustment ..... Community development director

Certificate of compliance ..... Community development director

Master plan ..... City council

Precise development plan ..... Planning commission

Use permit ..... Zoning administrator

Variance ..... Zoning administrator

Plan review ..... Plan review committee

Building permit ..... Chief building inspector

Grading permit ..... City engineer

Encroachment permit ..... City engineer

Tree removal ..... Community development director

Sign permit ..... Community development director

Findings Necessary in Approving a Request for Exception. In order for any level of authority to approve a request for exception the following findings must be made:

For exceptions granting relief of a specified requirement or standard:

(a)

Due to special circumstances or conditions affecting this property, the strict application of this chapter would create an unnecessary hardship.

(b)

That the exception is consistent with the intent of the requirements of this chapter and does not constitute a grant of special privilege.

(c)

That the exception would not result in significant increased adverse environmental impacts compared to the strict application of the requirements of this chapter; and

(d)

That the granting of the exception will not be detrimental to the public health, safety, convenience and general welfare or injurious to other property in the territory in which said property is situated.

For exceptions which permit the specified requirement to be met by alternates to the specified standard:

(a)

That the design, material, method or work proposed is, for the purpose intended, at least equivalent to the standards prescribed by this chapter.

(b)

That the granting of the exception will not be injurious or detrimental, with respect to public health, safety, convenience and general welfare.

(Ord. No. 750, § 9.03.010; Ord. No. 948, § 3; Ord. No. 989, § 1)

5-3.013 Appeals. Since the provisions of this chapter are applied through permit and approval procedures, the appeal of any decision made under the provisions of this chapter shall be by appeal of the particular involved permit or approval process.

(Ord. No. 750, § 9.03.013)

5-3.014 Directed Referrals.

This section is established to permit the city council to assume jurisdiction on applications where an exception has been approved and is normally final at a lesser level of authority. This section is intended to be used in those instances where one or more council members finds:

That an action may have occurred in direct conflict with established council policy; and/or

That an action may have the potential for significant impact on the community.

Procedure for Directed Referral. In exercising the authority granted by this section, a written directive, signed by at least one council member, must be submitted to the city manager.

Time Limit. Directed referral action must be exercised within the established time limits for appeals for a particular action or, in the case where no time limit for appeal is specified, within ten working days of the action being referred, but not less than five days of the written notice of exception to the body having directed referral authority.

In directing that an action be referred to the city council, the directive, delivered to the city manager, must specify the basis for the referral.

Action by the City Council on Directed Referrals. Any matter brought before the city council by the directed referral process shall be considered at a noticed public hearing. All alternatives open to the body or person which considered the original application are also open to the city council, which may approve, approve with conditions, or disapprove the item.

Special Provisions. Where an action is appealed and a directed review is called, the directed review procedure shall take precedence and the appeal shall be void.

(Ord. No. 948, § 4)

5-3.015 Constitutionality. If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of appropriate jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; and the city council does hereby expressly declare that this chapter, and each section, subsection, paragraph, subparagraph, sentence, clause and phrase thereof, would have been adopted irrespective of the fact that any one or more of such sections, subsections, paragraphs, subparagraphs, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. No. 750, § 9.03.014; Ord. No. 948, § 4)

5-4 - Reserved. 5-5 - Definitions.

5-5.002 General.

For the purpose of this chapter certain words and terms used herein are defined as set forth in this section. In some cases, a definition is contained within the main body of the chapter and where that is the case, a reference is contained in this section.

All words used in the present tense shall include the future; all words used in the plural shall include the singular and all words in the singular shall include the plural unless, in each previous case, the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure," and the word "shall" is mandatory and not directory.

(Ord. No. 750, § 9.05.002)

5-5.003 Words or Terms Beginning with "A".

"ADT" shall mean Average Daily Traffic and is the average number of vehicles using or projected to use a particular street or section thereof in a 24-hour period. The source of this number shall be the city engineer who shall determine this number in accordance with known and accepted traffic engineering practice.

"Alley" shall mean a street which primarily provides service access as secondary access to two or more lots or sites.

"Arterial street" - See Section 5-45

(Ord. No. 750, § 9.05.003)

5-5.004 Words or Terms Beginning with "B".

5-5.005 Words or Terms Beginning with "C".

"City" shall mean the City of Novato, California.

"City coordinate system" shall mean a series of monuments based on Zone 3 of the California Coordinate System, adopted by the city for use in horizontal control.

"City engineer" shall mean city engineer of the City of Novato or his authorized representative.

"Collector street" - See section 5-45.

"Community development director" shall mean the director of the City of Novato, department of community development or his authorized representative.

"Conditions, covenants and restrictions (CC&R's)" are the written promises, terms, and limitations of ownership, signed and recorded by the subdivider of the condominium or planned unit development prior to the sale of the units.

"Cul-de-sac" - See section 5-45.

"Cut face" shall mean that surface which results by the process of excavation.

"Cut slope" shall mean any cut face which has a slope which equals or is steeper than 25% (4 to 1 - run to rise).

(Ord. No. 750, § 9.05.005; Ord. No. 948, § 5; Ord. No. 989, § 1)

5-5.006 Words or Terms Beginning with "D".

"Department of community development" shall mean the department of city government comprised of engineering, building inspection, planning, and maintenance divisions.

"Development" shall mean any activity involving the use of land, the construction of buildings and/or structures, the installation of improvements or the modification of existing topography through grading.

"Drainage channel"

"Major" shall mean open channels or closed conduits which serve a drainage area of four square miles or more.

"Minor" shall mean open channels or closed conduits which serve a drainage area of one square mile or less.

"Secondary" shall mean open channels or closed conduits which serve a drainage area less than four square miles and more than one square mile.

"Driveway" shall mean the vehicular pathway connecting the street to the designated on-site parking space(s).

(Ord. No. 750, § 9.05.006; Ord. No. 989, § 1)

5-5.007 Words or Terms Beginning with "E".

"Easements" shall mean dedicated or recorded rights-of-way for purposes of access, drainage facilities, public utilities, vehicular or pedestrian ways, bike paths, riding or biking trails, or other necessary uses or facilities located outside of the street right-of-way.

(Ord. No. 750, § 9.05.007)

5-5.008 Words or Terms Beginning with "F".

"Fill face" shall mean that surface which results from the placement of fill materials.

"Fill slope" shall mean any fill face which has a slope which equals or is steeper than 25% (4 to 1 - run to rise).

"Final map" shall mean a map prepared in accordance with the provisions of the Novato Subdivision Ordinance and the Map Act of the State of California, which map is designed to be filed in the office of the recorder of Marin County.

"Finished grade" shall mean the topographic condition of the ground at the completion of a project.

"Flag lot" or "panhandle lot" shall mean a lot which has a narrow section connecting the building site with the street. Normally, the primary or large portion of the lot is situated behind other lots which have the required full street frontage. The panhandle lot is connected to the street by a narrow area between the other lots facing the street.

"Frontage" shall mean the length of the property line of a lot which line also defines one side of a street (a right- of-way line).

"Frontage improvements" shall mean those physical improvements which normally consist of curb, gutter, sidewalks, street lighting, planting, drainage facilities, and paving, or any combination thereof which are installed or are required by this chapter as elements of a street.

(Ord. No. 750, § 9.05.008; Ord. No. 948, §§ 6—7)

5-5.009 Words or Terms Beginning with "G".

"General plan" shall mean the General Plan of the City of Novato and any amendment or revision thereto.

"Grade" shall mean the angle of deviation from horizontal expressed as a percentage ratio of height to length: grade = 100 x H/L percent.

"Grading" shall mean the act of modifying the existing physical form (topography) of land by excavation or filling.

(Ord. No. 750, § 9.05.009; Ord. No. 948, § 8)

5-5.010 Words or Terms Beginning with "H".

"Health department"

(Ord. No. 750, § 9.05.010; Reserved by Ord. No. 948, § 9)

5-5.011 Words or Terms Beginning with "I".

"Improvement" shall mean all on-site or off-site work to be installed, or agreed to be installed, by the developer, which is necessary for completion of the project or that element or portion of the project for which the permit or grant of approval has been given. Improvement includes but is not limited to grading (rough and final), drainage, utilities, services (water, sewer, cable TV), landscaping, irrigation, lighting, driveways, parking, walkways, recreation facilities, etc.

"Improvement plan" shall mean working drawings prepared by persons qualified by license, registration or other legal prerequisite, showing the location and construction details of all improvements to be installed. Where applicable, engineering calculations are considered a required element of improvement plans.

"Industrial street" - See Section 5-45.

(Ord. No. 750, § 9.05.011)

5-5.012 Words or Terms Beginning with "L".

"Lot" shall mean a single unsubdivided area of land whose boundaries have been sanctioned through the applicable subdivision processes such that it has been developed or is developable as a single independent site.

(Ord. No. 750, § 9.05.012)

5-5.013 Words or Terms Beginning with "M".

"Minor residential street" - See Section 5-45.

(Ord. No. 750, § 9.05.013)

5-5.014 Words or Terms Beginning with "N".

"Natural grade" shall mean the topographic condition of ground which has not been altered by grading or other unnatural means.

(Ord. No. 750, § 9.05.014)

5-5.015 Words or Terms Beginning with "O".

"Owner" shall mean a person with sufficient interest in the property proposed for subdivision or development through fee title, power of attorney, or trusteeship to commit the property for sale, lease, financing, use or development.

(Ord. No. 750, § 9.05.015)

5-5.016 Words or Terms Beginning with "P".

"Parcel" shall mean an area of land identified through the Marin County Assessor's Office as a separate unit for tax purposes. A parcel is not necessarily a lot or a site.

"Parking lot" shall mean that area used solely for parking and access thereto which serves as the central parking area or areas for a project.

"Path" (Trail) shall mean a traffic circulation element linking widely separated points of origin and destination and specified for use by pedestrians, equestrians, bike riders and similar nonautomotive means of ground transportation as contrasted with a sidewalk or walkway.

"Planning commission" shall mean the City of Novato Planning Commission.

"Private street" shall mean a street which is to remain under private ownership and control and for which the responsibility of the continued maintenance lies with the owner(s).

"Public street" shall mean a street for which the fee title or right-of-way is owned by the city, or offered for dedication to the public and accepted by the city.

"Public way" shall mean any street, channel, viaduct, subway, tunnel, bridge, easement, right-of-way or other way in which a public agency has a right of use.

(Ord. 750, § 9.05.016; Ord. No. 948, § 10; Ord. No. 989, § 1)

5-5.017 Words or Terms Beginning with "R".

(Ord. No. 750, § 9.05.017)

5-5.018 Words or Terms Beginning with "S".

"Sidewalk" shall mean a concrete surfaced area for pedestrian usage, located within the street right-of-way and included as a standard element of a street section.

"Site" shall mean the entire area of land related to a specific development or development proposal. A site may contain or consist of more than one parcel or one lot.

"Slope" shall mean the deviation from horizontal expressed as a ratio of length to height with the vertical distance expressed as the number one, such as 2 to 1, 3 to 1, etc.

"Specific plan" shall mean a plan which complies with the criteria set forth in Sections 65450 through 65507 of the State of California Government Code.

"Street" shall mean any public or private road which provides access to more than one lot or building site.

(Ord. No. 750, § 9.05.018; Ord. No. 948, § 11)

5-5.019 Words or Terms Beginning with "T".

"Trail" - See "Path"

(Ord. No. 750, § 9.05.019)

5-5.020 Words or Terms Beginning with "U".

"Unit" shall mean a single specified subarea of a development designed and/or constructed for sale, rental or lease for a single purpose, such as a dwelling designed and constructed for occupancy by one family.

(Ord. No. 750, § 9.05.020)

5-5.021 Words or Terms Beginning with "W".

"Walkway" shall mean a surfaced area within a project to serve the pedestrian traffic within that project connecting primary points of origination and destination.

(Ord. No. 750, § 9.05.021)

5-5.022 Words or Terms Beginning with "Z".

"Zoning ordinance" shall mean the zoning ordinance (Ordinance #8) of the city, as codified in Chapter XIII.

(Ord. No. 750, § 9.05.022)

5-6 - Reserved. 5-7 - Addresses.

5-7.002 Requirement. All applications affected by this chapter shall include an address for each separate unit or lot involved.

(Ord. No. 750, § 9.07.002)

5-7.004 Affected Permit or Approval Processes.

Subdivision requiring final map

Subdivision requiring parcel map

Precise development plan

Plan review.

Building permits.

(Ord. No. 750, § 9.07.004; Ord. No. 948, § 12)

5-7.006 Purpose. Addresses are required for the obvious reasons of identification for owner, visitor, delivery and service call reasons. However, the need for standards in the system of addressing is most critical with regard to emergency response such as fire, police or ambulance service.

(Ord. No. 750, § 9.07.006)

5-7.008 Standard.

General. Addresses are to be assigned in such a manner as to insure: rational sequencing; minimization of confusion; recognition of future development (both infilling and street extensions); and that a reasonable relationship is achieved between adjacent and facing properties.

Specific:

Addresses on through streets shall, as a general rule, increase from south to north and from east to west.

Addresses on dead end, cul-de-sac and loop streets shall begin at the mouth of the street.

Even numbers shall be assigned to the properties on the right, proceeding in the direction specified in 1 and 2 above.

Addresses shall maintain a spread of at least four numbers from lot to lot, i.e., 4, 8, 12, 16 or 1, 5, 9, 13.

An address shall be assigned for each 50 feet of street frontage for undeveloped property and for developed residential lots which have frontages in excess of 100 feet.

(Ord. No. 750, § 9.07.008; Ord. No. 948, § 13)

5-8 - Reserved. 5-9 - Reserved. 5-10 - Reserved. 5-11 - Bikeways.

5-11.002 Requirements.

Bikeways shall be provided as an element of any affected permit or approval process when such application bears a direct relationship to a bikeway designated on the Novato General Plan or upon an adopted specific plan.

Additionally bikeways shall be provided when required as a condition of approval of any affected permit or approval process where it is determined by the approving authority that such bikeways are necessary in the interests of public safety or convenience.

(Ord. No. 750, § 9.11.002)

5-11.004 Affected Permit or Approval Processes.

Subdivision requiring final map

Subdivision requiring parcel map

Precise development plans.

Master plans

Plan review

Use permit

Building permits

Certificate of compliance

(Ord. No. 750, § 9.11.004; Ord. No. 948, § 14)

5-11.006 Purpose. To provide a safe, convenient and integrated system of facilities which provide for bicycle travel.

(Ord. No. 750, § 9.11-006)

5-11.008 Standard.

General. Bikeways, constructed for use by the general public, are required, by State law, to conform to State- approved design standards.

Specific. State law requires that local bikeways conform to the design criteria specified by the State of California, Department of Transportation. Except as modified in paragraph 1 below, design and construction of bikeways shall conform to the latest edition of the "Planning and Design Criteria for Bikeways in California" manual published by the State of California, Business & Transportation Agency, Department of Transportation.

For Class II bikeways without parking, the minimum biked lane width shall be five feet.

(Ord. No. 750, § 9.11.008; Ord. No. 948, § 15)

5-12 - Construction and Repair of Dams.*

(Ord. No. 1127, § 11)

* Editor's Note: Section 5-12 was originally codified in Chapter IV as section 4-6. Ordinance No. 1127, § 11 renumbered these provisions to section 5-12.

5-12.002 Definitions. As used in this section:

Department shall mean the Department of Community Development of the City of Novato.

City Engineer shall mean the City Engineer of the City of Novato.

Dam shall mean any artificial barrier, together with appurtenant works, if any, across a stream, channel, watercourse, or natural drainage area, which does or may impound or divert water, and which is less than 25 feet in height from natural stream bed to crest of spillway, or has an impounding capacity of less than 50 acre feet. No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levy, no railroad fill or structure, and no road or highway fill or structure, shall be considered a dam.

Owner shall mean and include any person, firm corporation, or any duly authorized agents, lessees or trustees thereof who own, control, operate, maintain, manage or propose to construct a dam.

Alteration, repairs or either of them shall mean only such alterations or repairs as may affect the safety of a dam.

Enlargement shall mean any change in or addition to an existing dam which raises or may raise the water storage elevation of the water impounded by the dam. Water storage elevation means that elevation of water surface which could be obtained by the existing dam as previously operated were there no outflow and were the reservoir full of water.

(Ord. No. 923, § 1; Ord. No. 989, § 1)

5-12.004 Duties and Liabilities Incident to Ownership or Operation. Nothing in this section shall be construed to relieve an operator of a dam of the legal duties, obligations or liabilities incident to the ownership or operation of the dam.

(Ord. No. 92.3, § 1)

5-12.006 Administration. It shall be the duty of the city engineer to administer the provisions of this section and to supervise the construction, enlargement, alteration, repair, maintenance, operation and removal of dams for the protection of life and property on behalf of the department of community development.

(Ord. No. 923, § 1; Ord. No. 989, § 1)

5-12.008 Departmental Approval. It is unlawful to construct, enlarge, repair, alter, remove, maintain or operate any dam except upon approval of the department as provided in this section.

(Ord. No. 923, § l)

5-12.010 Entry on Private Property. In making any investigations or inspections required or authorized by this chapter, the department, or its representatives, may enter upon private property as may be necessary.

(Ord. No. 923, § 1)

5-12.012 Inspection by Department. The department shall make inspection of dams in the incorporated limits of the city at city expense for the purpose of determining their safety, but shall require owners to perform at their expense such work as is necessary to disclose information sufficient to enable the department to determine conditions of the dams in regard to their safety and to perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property.

(Ord. No. 923, § 1)

5-12.014 Emergency Work. If the condition of any dam is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation, the department may do any of the following:

Lower the water level by releasing water from the reservoir;

Completely empty the reservoir;

Take such other steps as may be essential to safeguard life and property.

The department shall continue in full charge and control of such dam and reservoir and its appurtenances until they are rendered safe or the emergency occasioning the action has ceased. The cost and expenses of the remedial means provided in this section, including cost of any work done to render a dam or its appurtenances safe shall be recoverable by the city from the owner by action brought in a court of appropriate jurisdiction.

(Ord. No. 923, § 1)

5-12.016 Applications for Approval of Construction, Enlargement, Repair, Alteration or Removal of Dams. The construction, enlargement, repair, alteration or removal of any dam shall not be commenced until the owner has applied for and obtained from the department written approval of such action as provided for herein. A separate application for each dam shall be filed with the department upon forms provided by it and shall give the following information:

The name and address of the owner;

The location, type, size and height of the dam and appurtenant works;

The storage capacity of the reservoir;

As accurately as may be readily obtained, the area of the drainage basin, rainfall and stream flow records, and flood flow records and estimates;

The purpose for which the impounded or diverted water is to be used;

Maps, plans and specifications of such character and size and setting forth such pertinent details and dimensions as the department requires;

The proposed time of commencement and of completion of the work covered by the application;

Such other pertinent information as the department requires, such as, but not limited to, the following: subsoil and foundation condition and a report of a recognized soils engineer.

Upon the filing of such application, the department shall review the same and may in connection with the approval of any such application impose any appropriate conditions or requirements in connection with the work to be done. Notwithstanding the foregoing provisions of this section, emergency work necessary to safeguard life and property may be started immediately upon any existing dam but the department shall be notified at once of proposed repairs and of work underway.

(Ord. No. 923, § 1)

5-12.018 Time for Commencing Construction. Actual construction in accordance with an approved application, shall be commenced within one year after date of approval, otherwise the approval becomes void. The department may, however, upon written application and for good cause shown, extend the time for commencing construction. In any event, notice shall be given to the department at least ten days before any construction is to be commenced and such other notices shall be given to the department as it may require.

(Ord. No. 923, § 1)

5-12.020 Inspection and Approval of Completed Work. Immediately upon completion of any work covered by a previously approved application, the owner shall give a notice of completion to the department and as soon thereafter as possible shall file with the department supplementary drawings or descriptive matter showing or describing the dam as actually constructed, and such other information as the department may require which may include but is not necessarily limited to the following:

A record of all grout holes and grouting;

A record of permanent location points and benchmarks:

A record of tests of concrete or other material used in the construction of the dam;

Any other items which may be of permanent value and have a hearing on the safety and permanency of the dam.

Upon giving notice of the completion of such work to the department and upon the filing of such information, the department shall inspect the completed work. The department shall issue a certificate of approval upon a finding that the work has been done in accordance with the approved plans and specifications and that the dam is safe for use to the full extent contemplated in the approved plans and specifications. Pending issuance of such a certificate of approval by the department, the dam shall not be used except upon written consent from the department and subject to such conditions as may be reasonably imposed by it for the protection of life and property. If the work to be done consists of the removal of an existing dam, no certificate of approval of such work shall be issued until the department has inspected the work and has determined that all danger to life and property has been eliminated.

(Ord. No. 923, § 1)

5-12.022 Dams Existing Prior to the Adoption of this Section. The department may make such inspections as it deems necessary of all dams existing prior to the date of adoption of this section and shall inspect upon the written request by the owner of any such dam and in connection therewith, may require the owners of such dams to perform at their expense such works or tests as are necessary to disclose information sufficient to enable the department to determine whether to issue certificate of approval of such existing dam or to issue orders directing further work at the owner's expense necessary to safeguard life and property. If upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam is safe to the full extent for which use is or will be made, a certificate of approval of such existing dam shall be issued.

(Ord. No. 923, § 1)

5-12.024 Complaints as to Unsafe Conditions. Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, maintenance or operation of any dam, the department shall cause such inspection as it may deem necessary to be made of such dam. If it is found that an unsafe condition exists, the department shall take such action as is necessary to render or cause the condition to be rendered safe. Such action may include the requirement that the owner make any necessary repairs or alterations to such dam.

(Ord. No. 923, § 1)

5-12.026 Inspection During Progress of Work. During the construction, enlargement, repair, alteration or removal of any dam, the department shall make continuous or periodical inspections for the purpose of

securing conformity with the approved plans and specifications. If after any inspections, investigations or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval it is found by the department that amendments, modifications or changes are necessary to insure safety, the department may order the owner to revise the plans and specifications. If conditions are revealed which will not permit the construction of a safe dam, the approval of the application for permission for construction may be revoked. If at any time during the construction, enlargement, repair or alteration of any dam the department finds that the work is not being done in accordance with the provisions of the approval and the approved plans and specifications, it shall give written notice thereof to the owner. Such notice shall state the particulars in which the approval and approved plans and specifications are not being or have not been complied with and shall order the immediate compliance with the approval and approved plans and specifications. The department may order that no further work be done until such compliance has been effected and approved by the department. A failure to comply with the approval and approved plans and specifications shall render the approval subject to revocation by the department if compliance is not made in accordance therewith after notice and order from the department, as provided herein.

(Ord. No. 923, § 1)

5-12.028 Interference with Department. Any person who willfully obstructs, hinders or prevents the department or its agents or employees from performing the duties imposed by this part or who willfully resists the exercise of the control and supervision conferred by this part upon the department, or its agents or employees shall be guilty of a violation of this section and shall be subject to punishment as provided in this chapter.

(Ord. No. 923, § 1)

5-12.030 Prohibited Acts. Any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor who knowingly does work or permits work to be executed on the dam without an approval or in violation of or contrary to any approval as provided for in this section is guilty of a violation of this section and shall be subject to punishment as provided in this chapter.

(Ord. No. 923, § 1)

5-13 - Developments with Undivided Interests in Common Areas (Condominiums, Condominium Conversions, Planned Subdivisions).

5-13.002 Requirements. All developments which involve undivided interests in common areas shall establish maintenance and management provisions to insure the ongoing success of the complex and, in residential projects of this type, personal storage, and laundry facilities will be provided in a manner which equates to single-family detached units.

(Ord. No. 750, § 9.13.002; Ord. No. 1127, § 12)

5-13.004 Affected Permit or Approval Processes.

Subdivision requiring final map

Subdivision requiring parcel map

(Ord. No. 750, § 9.13.004; Ord. No. 948, § 16)

5-13.006 Purpose. The city has determined that developments involving undivided interests in common areas, where owner associations are to assume the responsibilities of administering the common area, require special provisions to insure that problems characteristic of such developments are adequately dealt with. Those problem areas include:

Inadequate parking due to long-term owner occupancy, as opposed to short-term rental occupancy.

Inadequate storage due to long-term owner occupancy, as opposed to short-term rental occupancy.

The need to specify clear and complete management and maintenance responsibility.

The need for the association to have proper guidance in its early years.

The need to insure that conversion of apartments does not reduce number of rental units to an unacceptable level based on the vacancy factor.

The need to insure that the conversion of rental units to ownership units provides other amenities suitable to long-term owner occupancy.

The need to insure that older buildings which are converted to common ownership are in conformance with current codes.

(Ord. No. 750, § 9.13.006)

5-13.008 Acceptable Standards. The following standards shall be met as a prerequisite to the approval of a tentative map for condominium, condominium conversion and other projects with undivided interest in common areas.

For Residential Developments:

Parking, when required, shall be provided consistent with the requirements of section 5-33.

In addition to closet space normal to the unit, storage space shall be provided for each unit, in accordance with the following formula:

(a)

One cubic foot or storage area for each three square feet of net unit floor area. Net area shall not include stairs, closets, or mechanical rooms.

(b)

The minimum internal dimension of such space shall not be less than four feet.

As a prerequisite for the conversion of existing rental apartments, the current citywide vacancy factor in existing multiple-residential rental developments (having three or more units) shall not be less than five percent. The rental vacancy rate shall be determined by a vacancy survey conducted when an application for a condominium conversion is submitted. The vacancy survey shall be initiated by the city, paid for by the applicant, and conducted by a consultant with experience in performing vacancy surveys and determining rental vacancy rates.

(a)

Limited equity housing cooperatives that provide long-term affordability for very low- or low-income households are exempt from the citywide vacancy factor noted in subsection 3, above.

(1)

A limited equity housing cooperative is defined in section 817 and 4190 of California Civil Code.

A minimum of 20 percent of units shall be affordable to lower income households if the proposed condominium conversion includes three or more residential units. The level of affordability, standards, housing agreement(s), and all other procedural and regulatory requirements shall be consistent with Novato Municipal Code division 19.24.

Tenant's Right to Purchase Units.

(a)

All Units. The applicant shall, as a condition of approval of the tentative map, and before offering the unit for sale to the general public, be required to provide tenants with an exclusive right to contract for the purchase of the unit occupied by the tenant upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The right shall run for a period of 90 days from the date of issuance of the subdivision public report pursuant to section 11018 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. At least ten days prior to the submission of an application to the department of real estate for a public report, the applicant shall provide notice to each tenant in the project of the fact that the application for a public report will be

submitted and that upon the issuance of the public report the tenant will be granted an exclusive right to contract for the purchase of the unit occupied by the tenant upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The notice shall further indicate the project will be subject to conditions, covenants, and restrictions that establish a homeowners' association to manage the project, that may restrict how the property is used, and that impose certain financial obligations on the owners of units within the project, such as the payment of monthly homeowners' association dues. In addition, within ten days of the issuance of the public report, the applicant shall by mail notify each tenant in writing that the public report has been issued and shall in writing grant the tenant the right to purchase the unit as provided in this section. If the notice is not mailed within ten days of the issuance of the public report, the tenant's right to purchase granted pursuant to this section shall be extended for a period equal to 80 days from mailing of the notification.

(b)

Affordable Units. If a tenant occupies an inclusionary unit pursuant to the city's affordable housing requirements ordinance (division 19.24), all of the provisions of subsection A shall apply except as otherwise provided in this subsection B. The applicant shall initially determine the income category (i.e., very low, low, or moderate income) under division 19.24 at which the inclusionary unit is being rented to the tenant. The applicant shall thereupon offer the unit to the tenant at the sales price that a unit in the unit's income category could be sold under division 19.24, subject to the city's certification of the tenant's qualifications to purchase the unit. Should the city determine that the tenant's household income is such that the tenant does not qualify to purchase the unit within the income category at which it is offered, the applicant shall:

(1)

Offer the unit to the tenant pursuant to subsection A. If the tenant accepts the offer, the applicant shall convert a unit within the project not previously designated as an inclusionary unit to an inclusionary unit in the income category of the unit purchased by the tenant. The number of bedrooms in the converted unit shall be equal to or greater than the number of bedrooms in the unit purchased by the tenant.

(2)

If the city determines that the tenant's household income is such that it meets one of the other income categories set forth in division 19.24 (i.e., very low, low, and moderate incomes), and provided that there are available inclusionary units within the project at that income category, offer the unit to the tenant at a sales price that a unit in the tenant's income category could be sold under division 19.24, subject to the city's certification of the tenant's qualifications to purchase the unit. If the tenant accepts the offer, the available unit shall be designated as an affordable unit in the income category at which the unit purchased by the tenant was previously rented.

Tenant Protections. The applicant shall, as a condition of approval of the tentative map, be required to implement the tenant relocation assistance plan that is approved by the city prior to recordation of the parcel map or final map. The tenant relocation assistance plan shall be prepared by the applicant and shall indicate the applicant's commitment to provide the tenant benefits required by this section:

(a)

The tenant relocation assistance plan shall be consistent with section 1946.2 of California Civil Code.

For All Types of Developments.

The CC&R's shall contain specific provisions for the maintenance of the common areas such that those areas are kept in good condition and repair.

The CC&R's shall include a stipulation that professional management shall be engaged to assist the owners association for the first two years of the association's existence.

At the time the purchaser is presented with the documents required by Civil Code Section 1368, the purchaser shall also be presented with a listing of the estimated assessments to be imposed on the owners broken down into the various assessment categories, as required by the regulations of the California Department of Real Estate.

The CC&R's shall contain a stipulation that the maintenance and management provisions required by this chapter may not be deleted or amended without the prior approval of the Novato planning commission.

In conversions to condominium or planned subdivision, the structures and grounds shall be in a state of good appearance and repair and shall conform to all code requirements which were in effect at the time the development was built.

(Ord. No. 750, § 9.13.006; Ord. No. 1127, §§ 13, 14; Ord. No. 1718, § 3(Exh. E), 9-10-2024)

5-14 - Reserved. 5-15 - Drainage.

5-15.002 Requirement. Each affected permit or approval process shall provide for a storm water drainage system.

(Ord. No. 750, § 9.15.002)

(Ord. No. 1718, § 3(Exh. E), 9-10-2024)

5-15.004 Affected Permit or Approval Processes.

Subdivision requiring final map

Subdivision requiring parcel map

Lot line adjustments

Building permit

Plan review

Precise development plan

Grading permit

Encroachment permit

Certificate of compliance

(Ord. No. 750, § 9.15.004; Ord. No. 948, § 17)

5-15.006 Purpose. Standards for drainage are necessary to insure that underground and surface waters are conducted through and away from developments in such a manner as to not detrimentally affect other properties; insure that underground and surface water is not a problem within the completed development; and further, to correct or improve existing underground or surface water problems within the boundaries of the development and within the immediately affected surrounding area.

(Ord. No. 750, § 9.15.006)

5-15.008 Acceptable Standards.

Hydrologic Design. Hydrologic design shall be predicated upon ultimate development, as projected by the Novato General Plan, of the tributary watershed. All proposed projects which contain or are contiguous to drainage channels and waterways within the jurisdiction of the Marin County Flood Control and Water Conservation District shall be referred to said district for review and comment. Flood flows to be used for the design of waterways, channels and closed conduits shall accommodate existing flow or have minimum average recurrence intervals as follows, whichever is greater:

Major drainage channels shall be designed for an average recurrence of 100 years.

Secondary and minor drainage channels shall be designed for an average recurrence interval of 25 years.

Hydraulic Design. For the solution of hydraulic design problems, the design engineer shall provide topographic drainage maps, drainage calculations, model studies, reports, or prototype tests as necessary to confirm the hydraulic design.

Design depth of flow in gutters shall not exceed 0.4 foot. Where design depth exceeds 0.4 feet, a closed conduit system shall be provided.

Open Channel Systems. Open channel drainage systems shall be designed to carry the quantity of flow determined as set forth in Section 9.15.008 with adequate freeboard between design water surface and the top of bank. Bridges, culverts and utility crossings which span open channel systems shall have a minimum clearance from soffit to design water surface of 2.0 feet.

Pressure Flow System. Minor drainage channels placed in pressure flow systems may be designed for full conduit capacity, provided that adequate provisions are made for losses such as friction, bends, transitions, debris and entrance and exit conditions, and provided further that adequate freeboard is provided at the entrance and at all inlets to the system.

Alignment, Slope Protection and Structural Design. Structures shall be designed and constructed such that hydraulic conditions in the upstream and downstream waterway will not be altered to cause degradation, erosion or other undesirable effects.

Constructed Channels.

Minimum Radii. Minimum centerline radii for curves in constructed channels and waterways shall be three times the top width of the channel.

Side Slopes. Grassed channels or loose rock rip-rapped channels shall have side slopes not steeper than two to one. Lined channels shall have side slopes not steeper than 1.5 to one unless designed structurally to resist all lateral loads applied to bank lining. Channels shall have flatter side slopes if soil instability appears probable from field investigation. Design of slopes in unstable soils shall be predicated upon results of an investigation by a registered professional engineer qualified in soils engineering. Earth channels, in those areas not

otherwise protected, shall be planted with an approved grass seed to establish a vegetative cover to the top of channel banks.

Hydraulic Jump. At drop structures or in other locations where a hydraulic jump may be formed, bank and channel invert protection shall be provided.

Closed Conduits.

Minimum Size. Minimum inside diameter of conduits shall be equal to a circular 15-inch pipe, except that for yard drains and other minor lot drainage, smaller conduits may be permitted by the city engineer.

Entrances. Entrance structures shall be designed to allow passage of water with anticipated debris loading at entrance. The design for entrance structures shall include screening which will preclude human entry.

Hydraulic Design. For major drainage channels, the design depth in closed conduits shall not exceed 0.80 of the vertical dimension or equivalent diameter of the conduit.

Alignment. The alignment of closed conduits shall be as nearly straight as practicable. Manholes or some other acceptable means of access shall be provided at or near all junctions, at all bends which are sharper than those formed by standard single bevel concrete pipe, and at intervals not to exceed 400 feet along the conduit.

Catch Basins. Catch basins shall be placed on the uphill side of curb returns whenever the gutter slope exceeds two percent or the computed gutter flow reaches a depth of 0.2 foot or more. Additionally, if the gutter slope exceeds three percent, a drainage gallery should be used to direct the flow into the catch basin. Gallery length shall depend on the respective gutter slope and quantity of flow. If practical, gutter flow shall be intercepted uphill of crosswalks.

Gradients. The gradient for earth ditches shall not exceed four percent nor be less than one percent. The gradient for lined or paved ditches and gutters should not be less than one percent and shall be not less than