Novato Municipal Code § 5-23 Grading

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:

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

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

c. 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.

d. 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)

5-3.002 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:

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Lot line adjustment

d. Certificate of compliance

e. Master plan

f. Precise development plan

g. Use permit

h. Variance

i. Plan review

j. Building permit

k. Grading permit

l. Encroachment permit

m. Tree removal permit

n. 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.

a. 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.

b. 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:

c. 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:

1. 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.

2. 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.

a. 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:

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

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

b. 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.

c. 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.

d. 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.

e. 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.

f. 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)

5-5.002 General.

a. 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.

b. 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"

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

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

c. "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)

5-7.002 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.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Precise development plan

d. Plan review.

e. 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.

a. 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.

b. Specific:

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

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

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

4. 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.

5. 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)

5-11.002 Requirements.

a. 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.

b. 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.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Precise development plans.

d. Master plans

e. Plan review

f. Use permit

g. Building permits

h. 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.

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

b. 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.

1. 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)

(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:

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

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

c. 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.

d. 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.

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

f. 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:

a. Lower the water level by releasing water from the reservoir;

b. Completely empty the reservoir;

c. 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:

a. The name and address of the owner;

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

c. The storage capacity of the reservoir;

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

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

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

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

h. 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. A record of all grout holes and grouting;

b. A record of permanent location points and benchmarks:

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

d. 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)

5-13.002 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.

a. Subdivision requiring final map

b. 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:

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

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

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

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

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

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

g. 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.

a. For Residential Developments:

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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

b. For All Types of Developments.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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)

5-15.002 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.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Lot line adjustments

d. Building permit

e. Plan review

f. Precise development plan

g. Grading permit

h. Encroachment permit

i. 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.

a. 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:

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

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

b. 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.

c. 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.

d. 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.

e. 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.

f. Constructed Channels.

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

2. 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.

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

g. Closed Conduits.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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 0.5 percent.

7. Structural Design. Closed conduits, including nonreinforced and cast-in-place concrete pipe, shall be structurally designed to withstand earth and surcharge loads normally anticipated to be imposed thereon. Clearance between top of pipe and ground shall be sufficient to preclude displacement of or damage to conduit by all loading and surface land uses. Where seismic or other constraints are determined to have a highly potential negative effect upon closed conduits, the structural design shall consider these constraints.

8. Conduit Materials. Conduits shall be designed to have a minimum useful life of 50 years. Galvanized metal conduit will not be acceptable unless extra protection is provided to prolong its design life. In the event of erosive conditions, extra wearing surface will also be required.

Closed conduits discharging into open channels or waterways shall be provided with necessary designed pipe outlets and endwalls.

9. Outlets. Excessive outlet velocities shall be controlled with energy dissipators or other means. Endwalls shall be adequately designed to protect the embankment.

h. Site Drainage.

1. General Requirements:

(a) Site drainage, from or to adjoining properties, shall not be blocked or altered. Existing drainage patterns shall be maintained or improved. Site grading shall direct storm water flows away from structures to a drainage facility. No inundation of floors or garage slabs shall occur during short, intense storms (two inches per hour for 30 minutes duration) and no inundation of floors or garage slabs shall occur during a major storm (100-year recurrence interval). For "sag" conditions, shall occur during short, intense storms (two inches per hour for 30 minutes duration) and no inundation of floors or garage slabs shall occur during a major storm (100-year recurrence interval). For "sag" conditions, factors of safety shall be designed into the grading/drainage facility relationships commensurate with potential overland flow if blockage of the drainage facility occurs.

(b) Underfloor areas of dwellings shall be kept free of standing water. The builder shall provide drains, grading, pumps or waterproofing to prevent entry of surface water, or subterranean water in the underfloor area of a dwelling.

2. Specific Requirements:

(a) Rain gutters shall be provided along the roof eaves and shall be connected to downspouts. The chief building inspector may waive the requirement of eave gutters where roofs are small (such as small porch roofs) and water near the foundation would not cause erosion or foundation problems. Downspouts shall be connected to a closed conduit system that discharges to an approved outlet. Alternatively, downspouts shall, at the direction of the department of community development, be provided with splashblocks at least 24 inches long leading away from the structure. After water discharges from the splashblock, the drainage shall flow away from and/or parallel to the structure. Additional drainage facilities may be required to provide for steep and/or specific soils conditions in order to prevent erosion.

(b) Foundation drain holes shall be provided through the foundation wall in at least two locations. The locations shall be selected to facilitate gravity drainage of the underfloor area. Until utilized, the drain holes may be plugged with "knockouts" and the location of the drainholes shall be clearly and permanently marked on the exterior of the structure at a point at least four inches above finished grade.

(c) Minimum grade on a lot and building pad shall be one percent. Swales constructed to provide lot drainage shall be designed at minimum one percent grade from the rear of the structure to an approved drainage facility. The underfloor area of a dwelling shall be graded at a minimum grade of one percent towards the foundation drain holes or approved outlet. Where minimum surface grades are not provided, underground drainage facilities shall be installed.

(d) Roof downspouts and footing drains, where installed, shall be connected to separate drainage facilities.

(Ord. No. 750, § 9.15.008; Ord. No. 948, §§ 18—24; Ord. No. 989, § 1; Ord. No. 1127, § 15)

5-17.002 Requirement. Each submission under an affected permit or approval process shall clearly show how a safe and functional driveway connection, between the street and the required on-site parking, shall be provided.

(Ord. No. 750, § 9.17.002)

5-17.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Precise development plan

d. Plan review

e. Building permit

f. Certificate of compliance

(Ord. No. 750, § 9.17.004; Ord. No. 948, § 25)

5-17.006 Purpose. Safe and functional driveway access is a primary factor in the process of determining whether or not a lot or development site can be developed as proposed and therefore must be shown to permit proper evaluation of the affected permit or approval application.

(Ord. No. 750, § 9.17.006)

5-17.008 Standard.

a. Intersection with Streets. Where a driveway intersects a street, every attempt shall be made to intersect a 90-degree angle.

b. Widths and Alignments. The minimum paved width of residential driveways shall be 12 feet. Driveway alignments shall be designed to provide for safe access by fire fighting equipment.

c. Grades. Maximum gradient measured along the centerline should not be steeper than 18 percent and shall not be steeper than 25 percent. Where a driveway has a gradient of 18 percent or greater, the length of the driveway shall not exceed 1,000 feet unless flatter areas are provided as approved by the city engineer.

d. Grade Changes. Allowable changes in grade at the intersection of the driveway with both the street and required parking pad shall be as approved by the city engineer. Such changes in grade will not require a vertical curve. Other changes in gradient of more than five percent shall be connected by a vertical curve to provide adequate vehicle clearance. Sag vertical curves shall have lengths in feet equal to one and one-half times the percent of grade change through the curve. Crest vertical curves shall have lengths in feet equal to the percent of grade change through the curve.

e. Structural Section. Driveway structural sections shall be approved by the city engineer. The minimum structural section for residential driveways shall be two inches of asphalt concrete over six inches of Class 2 aggregate base. The minimum structural section for all other driveways shall be two inches of asphalt concrete over eight inches of Class 2 aggregate base. Four inches of Portland cement concrete may be substituted as a minimum structural section for residential driveways, and five inches of Portland cement concrete may be substituted as a minimum structural section for all other driveways.

Driveways with grades in excess of 20 percent shall be of Portland cement concrete construction with a rough finish surface.

(Ord. No. 750, § 9.17.008; Ord. No. 948, §§ 26—27; Ord. No. 1127, § 16)

(Ord. No. 1127, § 10)

* Editor's Note: Section 5-18 was originally codified in Chapter IV as section 4-5. Ordinance No. 1127, § 10 renumbered these provisions to sections 5-18.

5-18.002 Violation. Any persons, firm or corporation, whether as principal, agent, employee, or otherwise, who causes, permits, or constructs:

a. Any collapsed, broken, or damaged driveway culvert which causes a driving hazard to exist or impedes the proper flow of the roadside drainage; or

b. Any driveway culvert which, because of its size, shape, or elevation impedes the proper flow of roadside drainage; or

c. Any driveway without a culvert in a city street right-of-way where proper flow of roadside drainage requires a culvert be constructed is guilty of an infraction and upon conviction shall be punished as specified in subsection 1-5.1.

For purposes of this chapter, a driveway culvert is defined as a conduit of any material constructed under a driveway within a city street right-of-way for the purpose of conducting water under the driveway. It shall be the duty of the city engineer to determine when such traffic hazards exist and when the proper flow of roadside drainage is impeded.

(Ord. No. 923, § 1; Ord. No. 989, § 1; Ord. No. 1056, § III)

5-18.004 Enforcement. The following parties may enforce the provisions of section 5-18 by the arrest or by the issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the community development director for any violations of section 5-18. The designated employee positions are:

a. Community development director; or

b. The designee of the community development director. It shall be the duty of the chief of police of the city to render any and all necessary assistance to the community development director for the enforcement of section 5-18.

(Ord. No. 923, § 1; Ord. No. 1056, § III)

5-19.002 Requirement. Offers of dedication, easement and waivers of vehicular access, to the city or other appropriate governing body or utility company, shall be made where such dedication, easement or waiver is required as a condition of approval of the affected permit or approval process.

(Ord. No. 750, § 9.19.002)

5-19.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Lot line adjustment

d. Final subdivision map

e. Parcel map

f. Certificate of compliance

g. Precise development plan

h. Use permit

i. Plan review

j. Building permit

k. Variance

(Ord. No. 750, § 9.19.004; Ord. No. 948, § 28)

5-19.006 Purpose. To allow the rights of installation and maintenance necessary in the provision of public or utility services and to protect or control the use of land or improvements consistent with the intent of the permit or grant of approval.

(Ord. No. 750, § 9.19.006)

5-19.008 Standard.

a. Street Dedications. Street dedications shall be of sufficient width to accommodate all street-related improvements including curbs, gutters, sidewalks, drainage structures, and normal utility distribution lines.

b. Waiver of Vehicular Access. Waivers of vehicular access may be required where such vehicular access is determined as hazardous, undesirable or inconsistent with the level or type of improvements (existing or proposed).

c. Drainage and Drainage Access Easements. Drainage and drainage access easements shall conform substantially with the line of any natural or artificial water course or channel, stream or creek that traverses the property. Easements for underground conduits for disposal of surface and storm waters, together with required easements for overflow and ponding and vehicular access easements necessary to provide for the proper maintenance of drainage facilities shall be provided. All such easements shall be of sufficient width for the purpose intended, as determined by the city engineer, and in no case shall such an easement be less than ten feet in width.

d. Pedestrian Easements. Pedestrian easements may be required where pedestrian facilities are not contained within roadway easements.

e. Bicycle and Equestrian Easements. Bicycle and equestrian easements may be required where those improvements are established or are to be established on private property in accordance with or as a condition of city approval.

f. Slope Easements. Where a cut or fill slope, resulting from roadway placement, is outside the normal right-of-way of the street, a slope easement may be required of sufficient width to permit maintenance of the slopes.

g. Public Utility Easements. Public utility easements at least ten feet in width may be required along the rear and sides of lots and in other locations at an appropriate width for the accommodation of utility facilities.

h. Emergency Access Easements. Emergency access easements may be required to connect streets or in other cases where alternate emergency routes may be required.

i. Sewer and or Water Line Easements. Sewer and/or water line easements may be required for the installation, maintenance, and repair of sewer lines and water lines and their appurtenances.

j. Other Interests. Other interests in real property, including, but not limited to open space, may be granted to the city in conformance with State law.

(Ord. No. 750, § 9.19.008; Ord. No. 948, §§ 29—30)

5-21.002 Requirement. All affected permit or request for approval applications shall include fire safety provisions.

(Ord. No. 750, § 9.21.002)

5-21.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Master plan

d. Precise development plan

e. Plan review

f. Use permit

g. Building permit

h. Grading permit

i. Certificate of compliance

(Ord. No. 750, § 9.21.004; Ord. No. 948, § 31)

5-21.006 Purpose. To minimize the hazard to life and property due to fire.

(Ord. No. 750, § 9.21.006)

5-21.008 Standard.

a. General. The City of Novato recognizes the Novato fire district as the agency responsible for providing fire prevention and fire fighting services to the incorporated area of the City of Novato. Therefore, all applications for permits or approvals affected by this chapter shall be referred to the Novato fire district for its review and comment.

b. Specific.

1. Street grades shall not exceed 18 percent due to:

(a) The inability of certain major equipment to properly function on such grades.

(b) The potential for equipment (hoses primarily) to fall from trucks at such grades.

(c) The reduced speed and thus increased response times such grades cause.

2. Single access point streets such as cul-de-sacs shall not be longer than 800 feet.

3. Where developments include proposed open space dedications or where developments abut existing open space, access for fire equipment to that open space shall be provided.

4. Developments, including reroofing projects, proposed in high hazard fire areas shall use fire-resistive roofing material. The determination as to whether or not a specific material is fire-resistive shall be made by the chief building official of the city.

High fire hazard areas are more specifically defined on Map 3-2, "Hazardous Fire Areas," of the Novato General Plan.

5. Any development/construction to occur in areas defined by the Novato fire district board as high hazard fire areas shall, prior to final clearance for occupancy or use, eliminate all of the following types of vegetation, except single specimen shrubs or trees, within 30 feet (or up to 100 feet for extra hazardous conditions upon direction of the fire chief) of all structures:

Scotch broom

Madrone

Coyote bush

Chamise

Manzanita

Other noxious or hazardous growth which may pose a fire hazard and shall, upon direction of the fire chief, trim all trees to achieve a minimum clearance of ten feet of the top of chimney flues.

6. Any exceptions to the minimum street standards, specified in section 5-45, shall not be granted without securing the comments and recommendations of the Novato fire district.

7. Development(s) requiring the installation of fire hydrants shall:

(a) Have hydrants installed and operational by or before any framing stage of wood construction.

(b) Paint curbing red in front of hydrants to effect the minimum distance between fire hydrant and parking vehicles as specified in the California Vehicle Code.

(Ord. No. 750, § 9.21.008; Ord. No. 948, §§ 32—36; Ord. No. 1127, § 17)

5-23.002 Requirement. Grading shall not be excessive, create or result in extreme unnatural appearing surface planes, destroy or materially alter significant and/or desirable natural physical features of the community, nor create unsafe or environmentally unsound conditions.

(Ord. No. 750, § 9.23.002)

5-23.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Precise development plan

d. Use permit

e. Plan review

f. Building permit

g. Grading permit

h. Encroachment permit

i. Variance

(Ord. No. 750, § 9.23.004; Ord. No. 948, § 37)

5-23.006 Purpose. To retain and where possible enhance the natural physical characteristics of the community to the highest degree possible while also recognizing community growth as projected by the Novato general plan.

(Ord. No. 750, § 9.23.006)

5-23.008 Standards.

a. General. Grading, in addition to complying with the specific standards listed below, shall be held to the minimum necessary, to place the approved and required elements of a development, in a safe and functional manner.

b. Specific.

1. Cut and Fill Slopes.

(a) Cut slopes shall not be steeper than two horizontal to one vertical.

(b) The steepness of fill slopes shall not be steeper than two horizontal to one vertical.

(c) Cut or fill slopes which will be screened by proposed structures or existing vegetation shall not exceed a height of 16 feet.

(d) Cut or fill slopes which run perpendicular to the street or basically along the depth of the lot shall not exceed a height of eight feet.

(e) Cut or fill slopes along the front of a lot which slopes are basically parallel to the street shall not exceed a height of eight feet.

(f) Cut or fill slopes which are to occur as a result of the construction of a street or driveway shall not exceed the greater of a height of eight feet or a height equal to 1/3 of the width of the graded area necessary to place the street, whichever is greater, to a maximum height of 16 feet.

(g) Cut and fill slopes lying entirely beneath and enclosed by a structure for which a building permit is required may be steeper than 2:1. A recommendation from a soils engineer may be required by the city engineer for such slopes. All such slopes shall also be approved by the city engineer.

(h) Exceptions to section 5-23.008 b1, paragraphs (a) and (b) shall be evaluated with respect to safety as recommended by a soils engineer, visibility and aesthetics of the cut or fill slope, potential for revegetation as recommended by a licensed landscape architect or other person qualified by education and experience to make such an evaluation, and other considerations.

2. Retaining Walls. Retaining walls, not necessary as a structural element of a building, shall not exceed a height of eight feet.

3. Lot Lines Related to Grading. Lot lines shall be drawn to provide building sites with a minimum of grading. Where a graded slope occurs between two lots, the slope itself, as well as an additional strip one foot wide, will normally be made a part of the lower lot.

4. Contour Grading. Where the creation of cut and fill slopes is approved, they shall be rounded at the edges and contoured as necessary to blend with existing topography. Slope height shall be measured to the intersection of the slant of the slope with existing ground before rounding.

5. Setbacks. The tops and toes of cut and fill slopes shall be set back from existing property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes. The tops and toes of cut and fill slopes shall be set back from structures as necessary for adequate foundation support and to prevent damage as a result of water runoff or erosion of the slopes. Unless otherwise recommended in the approved soil engineering and/or engineering geology report and shown on the approved grading plan, setbacks shall be no less than those specified in the grading ordinance.

The tops and toes of cut and fill slopes adjoining streets and driveways shall be set back as follows:

(a) Streets.

(1) Tops and toes of banks shall be at least two feet from sidewalks.

(2) Tops of banks shall be at least four feet from back of curb or nearest street improvement. Toes of bank shall be at least two feet from back of curb or nearest street improvement. Retaining walls above street level shall be at least 2.5 feet from back of curb or nearest street improvement.

(b) Driveways.

(1) Tops of banks shall be at least two feet from curb or nearest driveway improvements.

(2) Toes of banks shall be at least one foot from curb or nearest driveway improvements.

(c) Street and driveway setbacks as specified above shall be increased to provide for future sidewalks, parking, safe sight distance, driveway approaches, and utility installation as required.

6. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as recommended by the soil engineer. Where storm drain facilities function as subdrains, openings shall be provided in drainage structures as inlets for subsurface water.

7. Erosion Control. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable, and in sufficient time to allow planting to become established prior to start of rainy season and prior to calling for final approval. Where such planting is to be utilized for permanent landscaping, the plant mix shall conform to the requirements outlined in section 5-28 of the Novato Municipal Code. Where cut slopes are not subject to erosion due to the erosion resistant character of the surface, the department of community development may waive such protection.

8. Construction on Fill. No building or construction on filled land shall be commenced until satisfactory evidence has been submitted that the required elevation has been obtained and that the fill will provide a stable base for the construction proposed.

9. Dust, Mud and Siltation Control. Grading activities shall be conducted so that dust, mud or siltation do not cause irritation or harm beyond the limits of the grading operation. Because the city has, on numerous occasions, had to respond to inadequately controlled dust, mud or siltation problems, the developer shall deposit, with the city, cash, in an amount specified in the grading permit, for use by the city in responding to mud, dust and siltation problems requiring immediate mitigation. After acceptance of the project, the unused portion of the deposit shall be returned to the developer.

10. Maximum Level Graded Area. Where no other approvals have established the limits of grading, the limit of grading permitted under a building permit shall not exceed that amount necessary to place the structure and its required accessory elements (parking, driveways, etc.) and a level area, not exceeding 50 percent of the gross floor area of the building(s), to which the permit relates, may be allowed.

11. Grading activities shall ensure that existing vegetation is adequately protected. To accomplish this:

(a) Improvement plans shall indicate tree protection measures as outlined in this section and section 5-27 of the Novato Municipal Code.

(b) Limits of grading shall be staked in the field prior to commencement of grading activities.

(c) Construction equipment shall be prohibited from areas of the site beyond the limits of grading. Areas of natural vegetation shall be protected as necessary.

(d) All trees to be saved within or adjacent to the designated area of grading shall be fenced at their drip lines prior to and during construction, except where alternative fencing or other protection is authorized by the department of community development.

(e) No grading, storage of vehicles, equipment, topsoil or other materials shall be permitted within the drip lines of trees to be saved except where noted on the improvement plans or as authorized by the department of community development.

(Ord. No. 750, § 9.23.008; Ord. No. 948, §§ 38—43; Ord. No. 989, § 1)

5-25.002 Requirement. All "improvements", as defined by this chapter, shall be constructed so as to function for the purpose for which those improvements are intended and shall be free of defects in workmanship, materials and design.

(Ord. No. 750, § 9.25.002)

5-25.004 Affected Permit or Approval Process.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Certificate of compliance

d. Precise development plan

e. Use permit

f. Variance

g. Plan review

h. Building permit

i. Encroachment permit

j. Grading permit

(Ord. No. 750, § 9.25.004; Ord. No. 948, § 44)

5-25.006 Purpose. To insure adequate improvements of reasonable permanence.

(Ord. No. 750, § 9.25.006)

5-25.008 Standards.

a. Construction.

1. Unless specified elsewhere in this chapter, all construction required to comply with this chapter shall be as specified by the current "Standard Specifications, Cities of Marin and County of Marin", the Novato Department of Community Development or the "Uniform Construction Standards" approved and adopted by the Cities of Marin and County of Marin.

2. The developer shall warrant that the designs, plans and specifications, furnished by him or by his agents, are adequate to accomplish the development improvements in a good worklike manner and in accordance with accepted construction practices.

3. All required improvements shall be constructed in accordance with the approved plans.

b. Inspection, Completion and Acceptance. The city engineer shall make such inspections of the installation of required improvements as he deems necessary to insure that all construction is being done or is done in accordance with the approved plans for such improvements.

c. Defective Work and Inadequacies of Material.

1. For a period of one year from the date of the city engineer's acknowledgement of completion of improvements, the developer will be held responsible, by the city, for the maintenance and repair of defects and failures in work and/or materials which may appear in the improvements, and for correcting the causes of said defects or failures.

2. Should the designs, plans or specifications, at any time prior to the expiration of the one-year period following "acknowledgment of completion", prove to be inadequate in any respect, the developer shall be required to make such changes in the work as are necessary to correct the inadequacy. After the successful one year maintenance period, and after changes or corrections have been made, the city engineer will issue a "notice of acceptance" of the improvements. Neither "acknowledgement of completion" nor periodic inspection or approval shall release the developer from his obligations under this section.

(Ord. No. 750, § 9.25.008)

5-27.002 Requirement. Prior to the commencement of construction under any of the affected permit or approval processes, complete plans for all such work shall be submitted to and approved by the city engineer and community development director.

(Ord. No. 750, § 9.27.002; Ord. No. 989, § 1)

5-27.004 Affected Permit and Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Plan review

d. Certificate of compliance

e. Use permit

f. Building permit

g. Encroachment permit

h. Grading permit

i. Precise development plan

j. Variance

(Ord. No. 750, § 9.27.004; Ord. No. 948, § 45)

5-27.006 Purpose. To insure that the technical detail of proposed work is in conformance with applicable laws, codes and city-imposed conditions.

(Ord. No. 750, § 9.27.006)

5-27.008 Standards.

a. General.

1. Improvement plans shall he prepared by a professional possessing appropriate licensing or State registration.

2. Plans shall be legible and clearly drawn.

3. Plans shall be of a scale, size and detail as to be usable by competent workers to construct the complete job.

4. All elevations included in the plans shall be based on the National Geodetic Survey Datum.

5. Engineering data and computations, as necessary to confirm the accuracy of the plans and insure the adequacy of the proposed improvements, shall accompany all improvement plans.

b. Specific. Plans shall include the following as they apply to the work proposed:

1. A complete final grading and erosion control plan of the entire area of construction. The grading and erosion control plan shall show sufficient topographic details outside the limits of construction so that the impact of the proposed development with respect to adjoining properties may be evaluated. The grading and erosion control plans shall indicate:

(a) Clearing and stripping limits within which all grading will occur:

(b) The location, trunk diameter and species of all existing trees which have a trunk diameter of six inches or greater which are within or less than ten feet beyond the designated limits of grading or areas of construction for utility installation except in more densely wooded areas or in tree clusters, only the outline need he shown; and

(c) Whether trees are to be removed.

2. Detailed plans for street grading, construction of pavement section, gutters and sidewalks. Profiles drawn to scale showing ground and grade elevations on centerline elevations of all streets, highways, walkways, alleys, sanitary and storm sewers, and drainage ways. Plans, views and profiles of streets should be shown on the same sheets.

3. Other profiles and cross-sections as required by the city engineer.

4. Detailed plans and specifications for drainage facilities and structures and flood control provisions. Such plans shall show all information required by section 5-27.008 paragraph b1 where construction is to occur outside the limits of grading.

5. Final landscaping and tree protection plan showing:

(a) All existing trees, with a trunk diameter of six inches or greater by species, spread and trunk diameter.

(b) In more densely wooded areas or in tree clusters, only the outline need be shown. However, individual trees within the clusters must be shown if they are to be removed.

(c) All measures to be utilized to ensure adequate tree protection, including but not limited to those items outlined in section 5-23.008 paragraph b11.

(d) A final plan for proposed trees and other plant material, indicating species and size at time of planting, soil preparation and maintenance as outlined in section 5-28.

(e) Any other recognizable feature of importance to design, such as rock outcroppings, with indication of intended disposition.

7. Irrigation plan, as outlined in section 5-28.

8. Utility plans signed by all companies, agencies, and districts providing utility service to the development. Utility plans shall show all information required by section 5-27.008 paragraph b,1. where construction is to occur outside the limits of grading.

9. Such additional plans as may be required by the planning director or city engineer to assure development of the project as approved.

c. Special Provisions.

1. Reference to "Uniform Construction Standards" or "State Standard Plans" may be used in lieu of applicable details.

2. Plan sheets shall not be larger than 24″ x 36″.

3. Unless waived by the city engineer, the developer shall, within 60 days of completion of a development, furnish the city engineer as-built reproducible copies of the project grading plant and improvement plan. Plans shall be permanent polyester based film reproducibles three mil thick.

(Ord. No. 750, § 9.27.008; Ord. No. 948, §§ 46—51; Ord. No. 1127, § 18)

5-28.002 Requirement. Landscaping shall be installed as an element of all permits or requests for approval affected by this chapter. For all landscaping which requires periodic watering to survive, an irrigation system shall also be installed.

(Ord. No. 750, § 9.28.002; Ord. No. 948, § 52)

5-28.004 Affected Permit and Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Master plan

d. Precise development plan

e. Use permit

f. Plan review

g. Grading permit

h. Variance

(Ord. No. 750, § 9.28.004; Ord. No. 948, § 52)

5-28.006 Purpose. To maintain or improve the overall visual quality of the community; to stabilize erodable soil; to soften the visually harsh aspects of man-made elements; and to counter the effects of man-made improvements on air quality, air temperature and sound levels. The requirements contained in the section are to be considered minimum standards and may not be sufficient in all cases.

(Ord. No. 750, § 9.28.006; Ord. No. 948, § 52)

5-28.008 Standards.

a. General.

1. Landscape plans shall be prepared by a landscape architect or other person qualified by education and experience to prepare such plans.

2. Changes to approved landscaping or irrigation plans shall not be made without prior written approval of the community development director and the landscape designer.

3. The construction/installation of landscape and irrigation improvements shall be accomplished in accordance with the approved plans as a prerequisite to any final approval/clearance of the use or development to which it relates.

4. Evidence of the completion of required landscaping and irrigation improvements shall be supplied to the department of community development by the author of the landscape and irrigation plan. Such evidence shall be on a "Landscape Certification" form available at the Novato Department of Community Development and shall be submitted as a prerequisite to final approval/clearance of the use or development.

5. A two-year landscape maintenance bond, in an amount equal to 50 percent of the cost of the landscape contract, shall be posted as a prerequisite to the final approval/clearance of the use or development, except for subdivisions with landscaping which is included in the subdivision improvement agreement, in which case a one-year maintenance period is acceptable. The developer may transfer maintenance responsibility to another party, for example, homeowners' association, provided that a bond remains posted for the remainder of the originally-required time period.

6. Affected permits or requests for approval related to existing developments may, as a condition of approval, specify that the landscaping and irrigation requirements of this chapter be complied with.

7. Landscape materials shall not be located such that, at maturity:

(a) They interfere with safe sight distances for vehicular, bicycle or pedestrian traffic.

(b) They conflict with overhead utility lines, overhead lights, or walkway lights.

(c) They block pedestrian or bicycle ways.

8. Grading aspects of landscape plans, such as mounding shall be shown on the grading and erosion control plans.

9. For projects consisting primarily of additions to or remodeling of existing buildings for which landscaping is required, a deferred completion agreement shall be executed prior to issuance of the building permit. The agreement shall guarantee installation of the landscape and irrigation improvements within one year or prior to occupancy, whichever occurs first.

b. Landscaping.

1. Plans Required. Each application for permit or request for approval affected by this chapter shall include plans and written material showing how the landscaping requirements are to be met. The degree of specificity of such plans and written material shall relate to the type of permit or request for approval being sought. For example:

(a) An application for master plan approval shall include landscaping only where it is to be a key element of the development proposal such as in mitigating known impacts.

(b) An application for precise development plan or tentative map approval shall include plans and written material showing the areas to be treated with landscaping and the types of material (trees, shrubs, ground cover) to be used. A typical list of species being considered for use shall also be included.

(c) Plan review and final map applications shall include plans and written material showing, in construction detail: the location, type (both botanical and common name) and size of plant materials; estimated height and spread at maturity; the area and type of top dressing; tree staking; soil mix; planting area separators; fencing; area lighting; trimming of existing trees; existing materials in areas to be planted which will remain; above-ground mechanical equipment such as utility boxes, electrical transformers, other development improvements which could conflict with landscape installations, and all other improvements related to site work to be covered by the landscaping contract.

2. Materials. Landscape plans shall demonstrate a recognizable pattern or theme for the overall development by choice and location of materials. To accomplish this, landscape plans shall conform to the following:

(a) Plant materials shall be selected for: energy efficiency and drought tolerance; adaptability and relationship to Novato environment; color, form, and pattern; ability to provide shade; soil retention, fire resistiveness, etc. Overall landscape plan shall be integrated with all elements of the project such as buildings, parking lots, and streets to achieve desirable microclimate and minimize energy demand.

(b) Plant materials shall be sized and spaced to achieve immediate effect and shall normally not be less than a 15-gallon container for trees, five-gallon container for specimen shrubs and a one-gallon for mass planting.

(c) The use of crushed rock or gravel for large area coverage shall be avoided (except for walks and equestrian paths).

(d) Nonturf areas such as shrub beds shall be top dressed with a bark chip mulch or approved alternative.

(e) Where shrubs or low-level vegetation is used, vegetative matter at maturity shall cover at least 75 percent of any landscaped area.

(f) Street trees shall conform to the latest street tree list, as approved by the city council.

(g) The use of landscape materials shall recognize sun exposure of paved surfaces and of structures.

(h) Undesirable visual elements such as trash storage and mechanical equipment shall be screened by landscaping or other means.

(i) Planted areas shall be separated from streets or parking areas by Portland cement concrete curbing conforming to the Uniform Construction Standards of the Cities and County of Marin, or a retaining wall.

3. Design Standards.

(a) A landscape area with a minimum width of ten feet shall separate a parking lot from the closest existing or planned street improvement.

(b) Where landscaped areas are provided, they shall be a minimum of three feet in width, except window planter boxes. Landscaped areas containing trees shall be a minimum of four feet in its narrowest dimension.

(c) Street trees shall be planted at a minimum of one tree for each 40-foot length of right-of-way. Additional trees may be required when spread at maturity is less than 40 feet. Fewer trees may be required where spread at maturity is greater than 40 feet or existing trees will remain. Trees may be alternately spaced as approved by the city.

(d) The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or other means.

(e) Not less than five percent of the interior areas of all parking lots and drive-in establishments shall be devoted to appropriately placed landscaping. Required landscaping along public streets shall not be credited toward this requirement.

(f) Shade trees shall be planted to provide a minimum shade coverage at maturity of 30 percent of the paved area of open parking lots in summer shade at 12:00 noon.

(g) Where autos will extend over landscaping, the landscaped area shall be increased two feet in depth by decreasing the length of the parking stall by two feet. Where autos will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension shall be seven feet.

c. Screening.

1. Where a commercial or industrial development adjoins an existing or future residential district, a solid screen shall be provided which may include planting, except in the required front yard setback, or except where a permanent visual barrier already exists.

2. When any parking lot is established adjacent to or within an existing or future residential district, it shall be screened as in paragraph 1 above.

3. A use not conducted entirely within a completely enclosed structure, including open storage of materials and equipment, and refuse areas shall be effectively screened by a solid fence or wall not less than six feet in height.

4. Loading docks and associated utility areas shall be effectively screened where they will be visible from areas designated for use by the general public.

5. Mechanical and utility equipment, including rooftop equipment, shall be effectively screened by landscaping, fencing and/or other structures in a manner which is compatible with the development design.

d. Irrigation.

1. Plans Required. Irrigation plans shall be submitted with building permit applications for projects subject to plan review (except for single family dwellings) and, when applicable, subdivision approval.

2. Plan Content. Irrigation plans shall contain all construction details for an automatic system including but not limited to the following:

(a) Location, type and size of lines

(b) Location, type and gallonage output of heads

(c) Location and sizes of valves

(d) Available water pressure

(e) Location and type of controller

(f) Installation details

(g) Location and type of backflow prevention device (as per Health Code)

(h) Available water pressure and water meter outlet size

e. Hydroseeding.

1. Plans Required. Plans indicating location and type of hydroseeding shall be submitted when such planting is to be utilized for permanent landscape treatment or for natural area restoration.

2. Plan Content. Hydroseeding plans shall contain installation specifications including but not limited to:

(a) Seed mix and application rate (seed mix shall contain native California wildflower seeds).

(b) A seed mix containing a minimum of ten percent shrub and perennial seeds shall be utilized in areas where permanent landscape restoration is required. Species selected shall include plant materials native to the area.

(c) Fertilizer, mulch material, soil preparation and watering specifications.

3. Hydroseeded or other "natural" areas shall be separated from other structures and other man-made improvements by an area of more formal landscaping at least five feet in width. Fire-resistant materials are to be used in these areas.

(Ord. No. 750, § 9.28.008; Ord. No. 948, § 52; Ord. No. 989, § 1; Ord. No. 1127, § 19)

5-29.002 Requirement. The size and configuration of lots shall be not less than the greater of:

a. The size required by the zoning which exists upon the subject property; or

b. The size required to achieve a reasonable building site which provides area for the placement of the permitted structures and associated required improvements consistent with other applicable zoning and development controls such as grading, driveway, height, coverage and parking limitations.

(Ord. No. 750, § 9.29.002)

5-29.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Lot line adjustment

d. Precise development plans

e. Certificate of compliance

f. Plan review

(Ord. No. 750, § 9.29.004; Ord. No. 948, § 53)

5-29.006 Purpose. To insure that the size and configuration of lots which will result from the approval of an affected permit or approval process are sufficient for the use(s) permitted, by the zoning of the subject property, and intended, by the application for permit or approval.

(Ord. No. 750, § 9.29.006)

5-29.008 Standards.

a. All permits or approvals subject to the provisions of this chapter shall result in lots which are capable of being developed and used in accordance with the zoning designation which applies to the property. No development shall create lots which are impractical of improvement due to steepness of terrain, lack of reasonable access and parking, lack of utilities, location of watercourses, excessive grading or similar constraints.

b. Lots, other than corner lots, having double street frontage and with depths of less than 200 feet, will not be approved except where necessitated by topographic or other physical conditions or where ingress or egress to and from one of the streets is prohibited.

c. Flag (panhandle) lots may be created where the stated requirements of this chapter are clearly met and where the access route, to the buildable area of the lot, is within the pole or panhandle portion of the lot. (Also, note the additional parking requirement for residential units served by driveways longer than 150 feet, subsection 19.16.008b, 1(a).

d. Area, Frontage and Depth Minimums.

1. This section only applies to those affected permit or approval processes which result in lots for which details of development, such as specific building design and location, parking location, lighting, walkways, etc., are yet to be presented, as opposed to lots which are sized in response to the details of an approved development plan.

2. The minimum area and frontage requirements of lots for all affected permit or approval processes not exempted by paragraph 1 above shall be governed by the largest lot size determined as follows:

(a) The lot size specified by the zoning which is in effect on the subject property; or

(b) The lot size determined by the following slope requirements.

* For panhandle lots both the panhandle portion and the first 40 feet of the lot proper are calculated for slope to determine area.

3. Lots shall have a minimum depth (front to rear dimension) of 80 feet. The pole/panhandle portions of flag lots is not counted in measuring lot depth.

4. Unless the provisions of the zoning of the subject property or the provisions of this section require a greater amount of street frontage, nonflag lots shall have a minimum street frontage of 40 feet and flag lots shall have a minimum frontage of 20 feet.

5. In cases where an access easement including panhandles exists on a lot, the total square footage necessary to meet zoning requirements for that particular zone shall be calculated excluding the access easement or panhandle area.

6. In cases where an access easement exists on a lot, the total footage necessary to meet minimum lot width requirements for that particular zone shall be calculated excluding the access easement.

(Ord. No. 750, § 9.29.008; Ord. No. 849, § 2; Ord. No. 902, § 2; Ord. No. 1127, § 20)

5-31.002 Statutory Authorization, Findings of Fact, Purpose and Methods.

a. Statutory Authorization. In addition to the authority cited in section 5-1.004 of this chapter, the Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

b. Findings of Fact.

1. The flood hazard areas of the City of Novato are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

c. Purpose. It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1. To protect human life and health;

2. To minimize expenditure of public money for costly flood control projects;

3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

7. To insure that potential buyers are notified that property is in an area of special flood hazard; and

8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

d. Methods. In order to accomplish its purposes, this section includes methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4. Controlling filling, grading, dredging, and other development which may increase flood damage; and

5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 1154)

5-31.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Master plans

d. Precise development plan

e. Use permit

f. Variance

g. Plan review

h. Building permit

i. Encroachment permit

j. Grading permit

(Ord. No. 1154)

5-31.005 General Provisions.

a. Lands to Which This Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the City of Novato.

b. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazards identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, City of Novato, California, Marin County", dated April 3, 1984, with an accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FLOODWAY) or the most recent Flood Insurance Study as prescribed by the Federal Insurance Administration is hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file within the Engineering Division of the Department of Community Development.

This Flood Insurance Study is the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are approved by the floodplain administrator.

c. Compliance. No structure of land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Novato from taking such lawful action as is necessary to prevent or remedy any violation.

d. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this section and another section, chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

e. Interpretation. In the interpretation and application of this section, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state statutes.

f. Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Novato, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

g. Provisions of this section are intended to meet, if not exceed, minimum National Flood Insurance Program (NFIP) criteria for requirements for floodplain management regulations. The community retains the prerogative to set requirements which reasonably exceed minimum standards set forth in this section as circumstances may be warranted.

(Ord. No. 1154)

5-31.006 Administration.

a. Establishment of a Permit or Approval Process. Approval for all affected permit or approval processes shall be obtained before construction or development begins with any area of special flood hazards established in section 5-31.005b.

b. Application. Application for a permit or approval process shall be made in accordance with requirements set forth by the applicable permit or approval process in this chapter. Information required may include but not be limited to: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures.

2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

3. All appropriate certifications listed in section 5-31.006d, 4 of this chapter; and

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

c. Designation of the Floodplain Administrator. The city engineer is hereby appointed to administer and implement this section by reviewing development permits, plans and proposals in accordance with its provisions.

d. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

1. Permit review.

(a) Review all development permits to determine that the permit requirements of this section have been satisfied;

(b) Stipulate that all other required State and Federal permits shall be obtained;

(c) Determine if the site is reasonably safe from flooding in order to apply the applicable provisions of this section.

(d) Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with section 5-31.005b, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer section 5-31.008.

3. Whenever a watercourse is to be altered or relocated:

(a) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(b) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

4. Obtain and maintain for public inspection and make available as needed:

(a) The certification required in section 5-31.008a, 3(a) (floor elevations);

(b) The certification required in section 5-31.008a, 3(b) (elevations in areas of shallow flooding);

(c) The certification required in section 5-31.008a, 3(c)(3) (elevation or floodproofing of nonresidential structures);

(d) The certification required in section 5-31.008a, 3(d)(1) or 5-31.008a, 3(d)(2) (wet floodproofing standard);

(e) The certified elevation required in section 5-31.008c, 2 (subdivision standards);

(f) The certification required in section 5-31.008e, 1 (floodway encroachments);

(g) The information and certification required in section 5-31.008f, 6 (coastal construction standards).

5. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 5-31.010.

6. Take action to remedy violations of this section as specified in section 5-31.005c.

(Ord. No. 1154)

5-31.007 Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

"Appeal" shall mean a request for a review of the floodplain administrator's interpretation of any provision of this section or a request for a variance.

"Area of shallow flooding" means a designated AO, AH or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

"Area of special flood hazard" - See "special flood hazard area."

"Base flood" shall mean the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood").

"Basement" shall mean any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway walls" shall be any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Coastal high hazard area" shall be the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE or V.

"Community" shall mean the City of Novato, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

"Development" shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

"Elevated building" shall mean a nonbasement building:

a. Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor, or in the case of a building in Zones Vl-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or sheer walls parallel to the floor of the water.

b. Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE or V, "elevated building" shall also include a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway wall meets the definition of this section.

"Existing construction" shall mean for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. "Existing construction" may also be referred to as "existing structures."

"Flood or flooding" shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from; (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood boundary and floodway map" shall mean the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood Insurance Rate Map (FIRM)" shall mean the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" shall mean the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" shall mean any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodplain management" shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

"Floodplain management regulations" shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term which describes such State or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention; and reduction.

"Floodproofing" shall mean any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodway" shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway".

"Functionally dependent use" shall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term shall include only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade" shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Lowest floor" shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.

"Manufactured home" shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the terms "manufactured home" shall also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

"Manufactured home park or subdivision" shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

"Mean sea level" shall mean, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction" shall mean, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management resolution adopted by this community.

"One hundred year flood" or "100-year flood" shall mean a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout this section.

"Person" shall mean an individual or his agent, firm, partnership, association, or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

"Principally above ground" shall mean that at least 51 percent of the actual cash value of the structure, less land value, is above ground.

"Remedy a violation" shall mean to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the section or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

"Riverine" shall mean relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes" shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Special flood hazard area (SFHA)" shall mean an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as A, AO, Al-30, AE, A99, AH, VO, Vl-V30, VE or V.

"Start of construction" shall include substantial improvement, and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start shall mean either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

"Structure" shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

"Substantial improvement" shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

1. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Variance" shall mean a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.

"Violation" shall mean the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" shall mean the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

(Ord. No. 1154)

5-31.008 Provisions for Flood Hazard Reduction.

a. Standards of Construction. In all areas of special flood hazards the following standards are required:

1. Anchoring.

(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b) All manufactured homes shall meet the anchoring standards of section 5-31.008d.

2. Construction Materials and Methods.

(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d) Require within Zones AH, AO or VO, adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3. Elevation and Floodproofing.

(a) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in section 5-31.008a, 3(c). Upon start of construction of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification shall be provided to the floodplain administrator in a form and manner prescribed by the administrator.

(b) New construction and substantial improvement of any structure in Zone AH, AO or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in section 5-31.008a, 3(c). Upon start of construction of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification shall be provided to the floodplain administrator in a form and manner prescribed by the administrator.

(c) Nonresidential construction shall either be elevated in conformance with section 5-31.008a, 3(a) or (b) or together with attendant utility and sanitary facilities:

(1) Be floodproofed so that structure is watertight with walls substantially impermeable to the passage of water one foot above the base flood level;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator in a form and manner prescribed by the administrator.

(d) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(1) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

(2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

(e) Manufactured homes shall also meet the standards in section 5-31.008d.

b. Standards for Utilities.

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

c. Standards for Subdivisions.

1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

2. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator in a form and manner prescribed by the administrator.

3. All subdivision proposals shall be consistent with the need to minimize flood damage.

4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

d. Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:

1. Be elevated so that the lowest floor is at or above the base flood elevation; and

2. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

e. Floodways. Located within areas of special flood hazard established in section 5-31.005b are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If section 5-31.008e, 1 is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of section 5-31.008.

f. Coastal High Hazard Areas. Within coastal high hazard areas established in section 5-31.005b, the following standards shall apply:

1. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation.

2. All new construction shall be located on the landward side of the reach of mean high tide.

3. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.

4. Fill shall not be used for structural support of buildings.

5. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

6. The floodplain administrator shall obtain and maintain the following records:

(a) Certification by a registered engineer or architect that a proposal structure complies with section 5-31.008f, 1.

(b) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

(Ord. No. 1154)

5-31.010 Variances and Exceptions.

a. Variances and exceptions to the requirements of this section shall be processed in accordance with the provisions of section 5-3.010 of this chapter and in conformance with the following provisions:

1. In passing upon such applications for variance or exceptions, all technical evaluations, all relevant factors, standards specified in other sections shall be considered; and

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger of life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity to the facility of a waterfront location, where applicable;

(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion danger;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i) The safety of access to the property in time of flood for ordinary and emergency vehicles;

(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

2. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing section 5-31.010a, 1(a) through section 5-31.010a, 1(k) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

3. Upon consideration of the factors of section 5-31.010a, 1 and the purposes of this section, the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

4. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

b. Conditions for Variances.

1. Variances may be issued for reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4. Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

5. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of section 5-31.010a, 5 through section 5-31.010a, 8 are satisfied that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice (Grant of Variance) shall be recorded in the Office of the Marin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The applicant shall pay all fees associated with the recordation of the Grant of Variance.

(Ord. No. 1154)

(Ord. No. 1127, § 9)

* Editor's Note: Section 5-33 was originally codified in Chapter IV as section 4-4. Ordinance No. 1127, § 9 renumbered these provisions to section 5-33.

5-33.002 Parking on Private Property. No person shall park or operate a vehicle upon any private land, except a lot temporarily being used as a parking area by workers employed or otherwise working on adjacent construction projects, or minimal areas used for access to a private garage or as an individual parking space, unless the entire parking space where the vehicle is parked and the entire area over which the vehicle is operated is prepared in accordance with subsection 5-33.2 below.

(Ord. No. 923, § 1)

5-33.004 Required Surfacing. No person who owns any land, except a lot temporarily being used as a parking area by workers employed or otherwise working on adjacent construction projects, or minimal areas used for access to a private garage or as an individual parking space, or any interest therein or who is in possession thereof, whether by lease, agreement or otherwise, shall permit anyone to park or operate a vehicle thereon unless the surface is prepared as follows:

a. The entire surface of the parking space and the entire area over which any vehicle is operated shall be covered with a base course approved by the city engineer and paved with asphalt concrete with a minimum thickness of two inches, or Portland cement concrete with a minimum thickness of six inches, or covered with RC-70 liquid asphalt upon special approval by the city engineer which shall be applied in such quantity and with such frequency as to prevent dust from rising from the soil surface and to prevent mud from forming on the surface, except that if any such lot has, at the effective date of this section, a surface consisting of decomposed granite, oiled gravel or similar material, and the condition of the surface is such that neither dust blows therefrom, mud is not tracked therefrom onto any public street or sidewalk, or gravel therefrom is not deposited on any public street or sidewalk, the lot shall not be required to be paved or covered as described above until such time as the surface thereof constitutes a dust, mud or loose gravel nuisance as described above.

At any time the city engineer determines that a decomposed granite or gravel surface or a liquid asphalt covering on a lot is not providing effective dust and mud control, he shall immediately notify the owner or person in possession of such lot that the lot must be paved or covered as described above within 30 days of the receipt of the owner or person in possession of such lot of the notification. If the lot is not so paved or covered within the 30-day period, the city engineer shall post the lot at each entrance thereto with a sign stating, "No Parking On This Lot Until Resurfacing is Completed, signed City Engineer." After the sign is posted, no person shall thereafter permit, or operate, or park any automobile on said lot until such time as liquid asphalt is applied or reapplied to such quantities as to provide effective dust and mud control.

b. No person who owns a lot, or any interest therein or who is in possession of such a lot, whether by lease agreement, or otherwise, which is temporarily being used as a parking area by workers employed or otherwise working on an adjacent construction project, shall permit any such use of the lot unless the surface of the lot is either covered with RC-70 liquid asphalt or other grade of liquid asphalt approved by the city engineer as set forth in paragraph a. hereof, or is kept moistened with sufficient water applied at sufficient intervals to prevent dust from rising from the soil surface.

At any time the city engineer finds that the surface of the lot does not comply with these requirements, he shall notify the owner or person in possession of said lot, and said owner or person in possession shall forthwith comply with the above requirements.

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

5-34.002 Requirement. Sidewalks, walkways and/or paths shall be provided as an element of each use or development.

(Ord. No. 750, § 9.34.002)

5-34.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Master plan

d. Certificate of compliance

e. Precise development plan

f. Use permit

g. Plan review

h. Building permit

i. Encroachment permit

(Ord. No. 750, § 9.34.004; Ord. No. 948, § 56)

5-34.006 Purpose. To provide safe, functional and convenient walks and ways for pedestrian traffic including wheelchairs.

(Ord. No. 750, § 9.34.006)

5-34.008 Standards.

a. Sidewalks.

1. Where Required.

(a) Sidewalks shall be provided on both sides of all streets in industrial, office and commercial areas.

(b) Sidewalks shall be required on both sides of all streets in residential areas where the average street frontage is less than 150 feet per unit taking access from the street.

(c) Sidewalks shall be provided on one side of all streets in residential areas where the average street frontage is more than 150 feet but less than 250 feet per unit taking access from the street.

(d) Sidewalks may be required along streets where they are otherwise not required, by (a), (b), (c) above, if known or projected pedestrian traffic volumes support such a requirement.

2. Design.

(a) Widths. Sidewalks shall be at least four feet wide in residential, office and industrial areas and at least eight feet wide in commercial areas. In areas with potentially high volumes of pedestrian traffic, such as near schools or places of public assembly, additional width may be required.

(b) Paving. Sidewalk paving shall be four inches of Portland cement concrete, where Portland cement concrete curbs and gutters are also to exist, and two inches of asphalt concrete over four inches of base rock where no concrete curb and gutters are to exist.

(c) Alignment. Sidewalks shall be adjacent to the edges of the street when a curb is also provided. Where no curb is provided sidewalks may be separated from the street but shall be located within the street right-of-way.

(d) Obstructions. Obstructions such as utility boxes, poles, grates, covers (except for such covers as specifically permitted by the city engineer) and fire hydrants shall not be located within the required width section of a sidewalk.

(e) Wheelchair Ramps. Wheelchair ramps (depressed curb sections) shall be provided at all street intersections and at all other designated street crossing points, whenever sidewalks are required for both sides of a street.

(f) Sidewalks shall be in conformance with the latest regulations for handicapped access adopted by the Office of the State Architect.

b. Walkways.

1. Where Required.

(a) Walkways shall be provided under the same criteria as specified for sidewalks.

(b) Walkways shall also be provided to connect the primary points of origination and destination within the project such as parking with unit, common recreation area with units which it serves, etc.

2. Design.

(a) Width. Walkways shall be at least four feet in width. Additional width may be required based on numbers and/or size of units which a common walkway serves.

(b) Paving. Same as for sidewalks.

(c) Alignment. Walkways may be located wherever they are most practical for the benefit of their intended users.

(d) Obstructions. Same as for sidewalks.

(e) Walkways shall be in conformance with the latest regulations for handicapped access adopted by the Office of the State Architect.

c. Paths.

1. Where Required.

(a) Paths may be required to implement the parks and recreation element of the Novato General Plan.

(b) Paths may be used in lieu of sidewalks or walkways where pedestrian traffic volumes are projected to be very low.

(c) Paths may be used in lieu of sidewalks or walkways where they more appropriately relate to the natural surroundings and where drainage of erosion is not a concern.

2. Design.

(a) Widths. Path widths shall be determined based on their intended use and the nature of their location.

(b) Paving. Paths shall not be paved. Some type of surfacing may be required dependent upon drainage or erosion problems.

(c) Alignment. Paths shall follow the most natural course between origination and destination.

(Ord. No. 750, § 9.34.008; Ord. No. 948, § 57; Ord. No. 990, §§ 2, 3; Ord. No. 989, § 1)

5-35.002 Requirement. Bus turnouts, passenger shelters, loading pads and related public transit and transportation facilities shall be provided where such facilities will promote, encourage or add convenience to the use of existing or projected public transit or transportation routes.

(Ord. No. 750, § 9.35.004)

5-35.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Master plan

d. Precise development plan

e. Plan review

f. Building permit

g. Certificate of compliance

(Ord. No. 750, § 9.35.002; Ord. No. 948, § 58)

5-35.006 Purpose. To encourage the use of and/or facilitate the use of public transit and transportation by residents, employees, visitors or customers of the development and to insure that developments interface with transit or transportation facilities in a safe manner.

(Ord. No. 750, § 9.35.006)

5-35.008 Acceptable Standards.

a. Bus passenger shelters shall be able to shelter at least eight persons.

b. Bus passenger shelters shall not obstruct a sidewalk.

c. Where bus shelters are required, adequate turnouts, to allow traffic to pass a stopped bus, shall be provided.

d. Provision shall be made for safe crossing of any and all fixed rail transit facilities within or along the development area.

(Ord. No. 750, § 9.35.008)

5-37.002 Sewage Disposal Requirement. All uses of land and/or development projects shall provide for the disposal of sewage.

(Ord. No. 750, § 9.37.002; Ord. No. 948, § 59)

5-37.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Certificate of compliance

d. Master plan

e. Precise development plan

f. Use permit

g. Plan review

h. Building permit

i. Private sewage disposal system permit

(Ord. No. 750, § 9.37.004; Ord. No. 948, § 59)

5-37.006 Purpose.

a. To prevent health hazards which would otherwise result.

b. To provide for the orderly and efficient development of the City of Novato.

(Ord. No. 750, § 9.37.006; Ord. No. 948, § 59)

5-37.008 Standards.

a. General. All affected projects shall provide for sewage disposal in a sanitary manner which provides for the public health and safety.

b. Specific.

1. All developments and use proposals shall include provisions for connection to the public sewage facilities of the Novato sanitary district or other publicly-owned sewage facilities.

2. Where a development or use proposal involves an existing private sewage disposal system, such system shall be discontinued and a connection to publicly-owned facilities shall be made.

3. Any request for exception to paragraphs 1 or 2 above, which asks use of a private sewage disposal system, shall include:

(a) A written statement from the applicant setting forth the minimum requirements for connection with the publicly-owned facilities and giving facts or reasons why such connection should not be required. This statement shall be corroborated by the public sewage agency.

(b) Written technical information which justifies a private sewage disposal system and indicates that the system will function successfully from the standpoint of the future owner/operator and from the standpoint of community health.

4. Specific regulations governing engineering requirements, percolation tests, septic tanks, drain fields, and related facilities shall be as adopted by the city council.

c. Approvals. The city engineer shall receive and interpret information submitted in conformance with this section.

1. The city engineer shall recommend whether or not new or additional lots or structures should be created and/or modifications made in numbers of lots or units, lot design and sewage disposal system requirements. Such recommendations shall be a basis for approvals of land divisions, subdivisions or structures where use of private sewage disposal systems are proposed.

2. In the case of a single family structure proposed on a legal lot existing on the effective date of this ordinance, the city engineer shall approve, conditionally approve, or deny the request for an individual sewage disposal system provided that an exception to paragraph b.1 and/or b.2 above has been granted. Denial shall be only on the basis of noncompliance with the specific regulations mentioned in paragraph b.4 above.

(Ord. No. 750, § 9.37.008; Ord. No. 948, § 59; Ord. No. 989, § 1)

5-41.002 Requirement. Each use and/or development shall include specific provision for solid waste storage and collection.

(Ord. No. 750, § 9.41.002)

5-41.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Precise development plan

d. Use permit

e. Plan review

(Ord. No. 750, § 9.41.004; Ord. No. 948, § 60)

5-41.006 Purpose. To insure that uses and/or developments recognize the need to provide for the storage of solid waste and to recognize that the location and type of storage has a bearing upon the capacity for and cost of collection.

(Ord. No. 750, § 9.41.006)

5-41.008 Standards.

a. General. Novato Disposal Service Inc., operating under rules and regulations established by ordinance of the Novato Sanitary District, has the franchise for and the responsibility for the collection of solid waste within the city.

b. Specific.

1. In all developments, solid waste collection points shall be provided within 75 feet of a through or cul-de-sac street.

2. Where provision 1, above, results in a common collection point accommodating three or more units, a screened platform or paved area, of sufficient size to accommodate a 35-gallon size container for each unit, shall be provided.

3. Where a bin-type container is to be used to store solid waste for collection, the location of that bin and the access thereto shall allow adequate maneuvering room for a truck eight feet in width, 26½ feet in length, an inside turning radius of 25 feet and an outside turning radius of 36 feet.

4. Where bin-type containers are to be used to store solid waste for residential developments such bins shall be provided on the basis of one 3-yard bin for each eight dwelling units.

5. Each application for permit or approval which involves solid waste collection shall be accompanied by a letter from the Novato Disposal Company stating that they have reviewed the proposed development or use and setting forth their comments on the design for provision of solid waste storage.

(Ord. No. 750, § 9.41.008)

5-43.002 Requirement. Street lighting shall be installed as an element of any affected permit or approval process.

(Ord. No. 750, § 9.43.002)

5-43.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Certificate of compliance

d. Precise development plan

e. Plan review

f. Building permit

(Ord. No. 750, § 9.43.004; Ord. No. 948, § 61)

5-43.006 Purpose. To provide illumination of streets and adjacent properties where such illumination is determined to be necessary for safety and security purposes.

(Ord. No. 750, § 9.43.006)

5-43.008 Standards.

a. General. Street lighting is determined to be necessary along all street frontages which require sidewalks.

b. Specific Standard.

1. In all commercial areas, required street lighting shall produce a nominal minimum of 0.2 candlepower per square feet of paved area.

2. In all other areas, required street lighting shall produce a nominal minimum of 0.2 candlepower per square feet of paved area.

3. Additional lighting may be required at intersections or crosswalks, if determined to be necessary by the city engineer, for added public safety.

4. Street lights and their installation shall conform to the requirements of the City of Novato and the Pacific Gas & Electric Company.

(Ord. No. 750, § 9.43.008; Ord. No. 948, § 62)

5-45.002 Requirement. Each development or use of land shall provide streets, to serve such development or use, in accordance with the standards specified in this chapter. Further, where existing streets are to serve a new or intensified use or development, and where such existing streets do not meet the standards set forth in this chapter, or established in a resolution designating a right-of-way line, such streets shall be modified to meet the minimum standards of this chapter and to comply with any designated right-of-way line.

(Ord. No. 750, § 9.45.002; Ord. No. 1166, § 1)

5-45.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Master plans

d. Precise development plans

e. Building permit

f. Certificate of compliance

g. Encroachment permit

(Ord. No. 750, § 9.45.004; Ord. No. 948, § 63)

5-45.006 Purpose. To insure that streets are provided to accommodate the traffic needs generated by the developments and uses to which those streets relate.

(Ord. No. 750, § 9.45.006)

5-45.008 Standards.

a. General. Many factors affect the design parameters for streets. In order to establish a perspective for evaluating requests for exception from the specific standards listed below, the following general criteria is included here. Streets shall be designed to:

1. Allow room for the passage and turning of the types of vehicles which will normally use the streets.

2. Provide functional access to the properties which are intended to take access from the street.

3. Provide room for the parking of vehicles where the intensity of abutting uses is likely to generate a need for such parking.

4. Provide sufficient grade and/or cross slope for the transportation of storm water.

5. Provide additional width when the street is also to accommodate a bikeway or equestrian trail.

6. Recognize the grade, turning and passage needs of emergency and service vehicles.

7. Afford vehicular access to points of origination and destination.

8. Provide reasonably direct routes between points of origination and destination.

9. Recognize the need to accommodate the amount of traffic projected to use the street.

10. Integrate with and complement the natural terrain.

11. Reasonably withstand wear.

12. Be easily repairable.

13. Be visually enhanced by the planting of appropriate trees and/or shrubs along its borders.

14. Be free of structural defects.

15. Not initiate or compound hydrologic or geologic problems.

16. Minimize surface area which, in the aggregate, affects air temperatures and storm water runoff.

b. Specific.

1. Private Street Standards. Private streets shall be built to public street standards. Provisions for their ongoing maintenance shall be required through CC&R's or maintenance agreements.

2. Public Street Standards.

(a) Classifications.

(1) Arterial Street. All streets with an actual or projected ADT over 5,000 vehicles per day.

(2) Commercial/Industrial Street. A street providing access to, or through, an industrial zone, commercial zone, or an area of high truck and other large vehicle traffic.

(3) Collector Street. A street with an actual or projected ADT from 2,000 to 5,000 vehicles per day.

(4) Residential Street. A street which serves or may serve 16 or more dwelling units but which has a projected ADT of 2,000 vehicles per day or less.

(5) Minor Residential Street. A street which serves or may serve five to fifteen (inclusive) dwelling units.

(6) Limited Residential Street. A street which serves or may serve two to four (inclusive) dwelling units.

(7) Parking lot aisles shall be considered driveways and not subject to the street requirements of this section provided a minimum two-way paved width of 20 feet and the minimum backing distance for parking stalls are maintained.

(b) Centerlines. The centerlines of all streets shall be the continuations of the centerlines of existing streets in adjacent and contiguous territory. In cases in which continuations are not physically possible, such centerlines may be continued by curves, and shall be in general conformity with the plans made for the most reasonable development of the area in which the development lies.

(c) Centerline Radii. Centerline radii shall not be less than 300 feet on arterial industrial/commercial and collector streets. In hillside land areas, the radius for such streets may be reduced to not less than 200 feet. On all other streets the centerline radius shall not be less than 75 feet.

The radii mentioned in this subsection are considered minimum and shall not be construed to allow design speeds less than 25 miles per hour for horizontal curves.

(d) Intersections. Streets will be required to intersect one another at an angle as near to a right angle as is practicable. Where several streets or highways converge at one point, setback lines, special rounding or cut-off corners may be required to insure safety and facility of traffic movements (pedestrian and vehicular). At street intersections, the block corners shall be rounded at the property lines by a radius of not less than 20 feet. Care shall be taken to avoid sight restrictions caused by the vertical alignment of one or more of the intersecting streets.

(e) Curb Returns. Curb returns at intersections shall have radii not less than 25 feet for collector and residential streets and not less than 45 feet for arterial and industrial streets.

(f) Extensions. Where a development adjoins undeveloped land provisions shall be made for adequate street access through the development to such undeveloped land unless it is determined that equally adequate access is or can be provided by other achievable routes.

(g) Access to Major Streets. Where a development abuts upon an arterial street or other street of major importance, a parallel service road or limited right of access to the arterial or major street may be required.

(h) Blocks. Long blocks shall generally be encouraged for main thoroughfares for the purpose of reducing the number of intersections; however, blocks shall not exceed 1,200 feet in length unless existing conditions justify a variation from this requirement.

(i) Alleys. Alleys may be required in commercial or industrial zones where trucks stopping on the street would cause congestion.

(j) Street Widths.

(1) The following table sets forth the minimum widths for improved section and right-of-way or easement:

(2) Modifications to Table 2.

Parking lanes may be eliminated for the 36-foot and wider sections only if:

i. Off-street parking (bays, lots or courts) is provided in an amount equal to or in excess of the following number of parking spaces:

(I) for residential units; one space per unit.

(II) for nonresidential uses; an amount equal to the number of spaces which would result if the parking lane was constructed.

ii. The off-street parking is convenient to (within 150 feet) the units or uses which it is intended to serve.

iii. The off-street parking is in addition to that amount required by section 5-33 (Parking and Loading) of this chapter.

iv. The street section is not reduced to less than a 28-foot width.

v. One-way streets shall have a minimum paved section of not less than 20 feet.

(k) Grades.

(1) Grades shall not exceed six percent on arterial, commercial/industrial, and collector streets.

(2) Grades shall not exceed 15 percent on residential streets, except that continuous grades between 15 and 18 percent are permitted, provided they do not exceed 500 feet in length.

(3) Grades shall not exceed 18 percent on minor and limited residential streets as measured along the centerline or 22 percent as measured along the inside edge of paving.

(4) The minimum grade for streets shall be one percent.

(l) Vertical Curves. Vertical curves shall be used at any change in grade of one percent or more. The length of the vertical curve shall be based on the standard procedure of the State Department of Transportation for a minimum design speed of 25 miles per hour.

(m) Cross Slope and Superelevation. Superelevation generally based on the standard procedure of the State Department of Transportation shall be used with a minimum cross slope of two percent where superelevation is not required. The street shall be either cross sloped to the cut bank side or crown sloped as required for proper drainage using a minimum slope of two percent. Cross slope shall not exceed eight percent.

(n) Turnarounds/Cul-de-Sacs.

(1) Cul-de-sacs shall be provided for any non-through street other than a limited residential street.

(2) Limited residential streets shall have turnaround areas which may be of a "hammerhead" design provided that the configuration is acceptable to the Novato fire protection district.

(3) Such turnaround or cul-de-sac may be deleted where the terminus of the nonthrough street is within 150 feet of a street intersection provided that the grade, slope, and configuration are acceptable to the Novato fire protection district.

(4) The minimum curb line radius for cul-de-sacs is 34 feet.

(5) The entrance curves to cul-de-sacs shall have minimum curb line radii of 60 feet.

(o) Curbs. Curbs and gutters or berms shall be required on all streets.

(p) Structural Section. The pavement structural section design shall be based on a traffic index established by the city engineer. The minimum structural section for streets shall consist of .30 feet of asphalt concrete over .35 feet of Class II aggregate base. The maximum thickness of aggregate base shall be 1.0 foot. Paving shall be done in two lifts with the second lift placed prior to completion of subdivision improvements, prior to project completion, or prior to building occupancy as required.

(q) Street Names. All street names (public and private) shall be subject to the approval of the department of community development. Street names shall not be duplications of existing streets within the local mailing, police, or fire service areas, nor shall they be so similar with existing street names as to be confusing. Streets which are obvious extensions of existing streets shall continue in name also.

(r) Street Name Signs. At least one street name sign shall be placed at all street intersections. Private streets shall be so identified on the street sign. Street signs shall conform to the standard detail, available from the department of community development.

(s) All streets not designed to provide parking shall have signs so indicating and, where appropriate, red curbs.

(t) Parking Spaces. Except for single-family or duplex units, parking shall not be designed to back directly onto streets.

c. Rural Streets.

1. Purpose and Goals. The purpose of rural streets is to provide safe, convenient facilities for auto traffic, pedestrians, bicyclists, and equestrians and to maintain and restore the rural character of certain neighborhoods in, and adjoining, the city. These streets will be located generally in the more rural, nonurbanized areas of the city. For this reason, pavement widths within such streets will be reduced and the use of portland cement concrete curbs, gutters, and sidewalks will be limited.

Consideration shall be given in the design of rural streets to preserve and enhance existing natural and man-made features such as trees, creeks, hills, driveways, walls, fences, and landscaping.

2. Rural Street Areas. Certain areas and streets within the city may be designated as rural areas and streets by city council resolution. Any street that falls within any of the classifications specified in subsection 5-45.008b,2(a) above may also be designated as a rural street pursuant to such a council resolution. Said street shall comply with the standards set forth in this subsection 5-45.008c as well as those set forth in this chapter which are (i) otherwise applicable to said street, given its subsection 5-45.008b,2(a) classification, and (ii) not in conflict with the standards set forth in this subsection 5-45.008c.

3. Rural Street Standards.

(a) Rural Street Widths.

(1) Width Standards. The following table sets forth the required widths for rural street improvements:

Commercial/industrial streets have not been included in the above table, as a commercial/industrial area would be in conflict with a rural designation. Arterial streets with traffic volumes exceeding 11,000 ADT are not included above, as streets in such areas would not be rural in nature.

(2) Modifications to Above Standards. The paved width or unpaved shoulder width for rural streets may be increased or decreased at the discretion of the approval authority to provide for:

i. Intersections

ii. Turn lanes

iii. Street curvature

iv. Cul de sacs and turnarounds

v. Parking

vi. Asphalt concrete berms

vii. Bikeways

viii. Pedestrian circulation

ix. Emergency vehicle turnouts

x. Transitions

xi. Restoration of rural character

xii. Preservation of natural features (e.g., trees, rocks, creeks)

In determining whether to modify the required widths specified above, applicable criteria specified elsewhere in this chapter shall be considered. In addition, such modifications may be required or justified by the city's general plan, or any environmental review or other analysis performed in connection with any project or council action in which or with respect to which a rural street is proposed or located.

It is the intent of this paragraph c. that these modifications be reviewed and approved as to applicability whenever a master plan, precise development plan or tentative map submittal is acted upon by the planning commission and city council. These modifications will be reviewed and implemented consistent with rural street standards by applicable city staff whenever a ministerial action such as a building permit, encroachment permit or certificate of compliance is acted upon.

(b) Prohibited Improvements. Portland cement concrete curbs, gutters, and sidewalks are not permitted in rural streets except within street transition areas and for storm drainage facilities and wheelchair ramps, unless specifically authorized by exception.

(c) Storm Drainage. Sufficient storm drainage facilities shall be installed so that stormwater encroachment into travel lanes will be minimized.

(d) Emergency Needs. Unpaved shoulders shall be constructed and maintained with sufficient strength to support emergency vehicular traffic.

(e) Where parking is not provided along streets, specific, enforceable no parking signs shall be installed. Public street no parking areas shall be enforced as provided by existing laws. Private street no parking shall be enforced through a lawful mechanism as determined by the city at the time of each development approval.

(f) Transitions. Transitions between rural streets and urban streets shall be designed with sufficient lengths and configurations to preserve and enhance rural areas for safe, convenient use of the roadway. Where feasible, street intersections shall be incorporated into transitions. Consideration shall be given to modifying existing adjacent street improvements in order to achieve a consistent, transitional effect, which may include removal of excess paving.

In designing these transitions, consideration shall be given to preserving and enhancing existing natural and man-made topographic features such as trees, creeks, hills, driveways, storm drainage facilities, utilities, fences, walls, and landscaping.

(g) Pathways. Pathways for pedestrians, bicyclists, and equestrians may be separated from the paved street.

(Ord. No. 750, § 9.45.008; Ord. No. 948, §§ 64—72; Ord. No. 989, § 1; Ord. No. 1026, § 21; Ord. No. 1313, § 1)

5-46.001 Protection of Rights-of-Way for Future Public Improvements. If the community development director cannot specifically establish the future right-of-way for an existing street pursuant to subsection 5-45.002 et seq., the city council may establish right-of-way lines for the purposes of reserving areas for future widening, extension, or creation of streets, highways, or space for future utilities, pedestrian ways, fire and police emergency access, access to property, and all public rights-of-way.

(Ord. No. 1167, § 1)

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

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

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

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

(Ord. No. 1167, § 1)

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

(Ord. No. 1167, § 1)

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

(Ord. No. 1167, § 1)

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

(Ord. No. 750, § 9.47.002)

5-47.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Certificate of compliance

d. Building permit

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

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

(Ord. No. 750, § 9.47.006)

5-47.008 Standards.

a. Surveys.

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

2. Horizontal Control.

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

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

(b) Standards of Accuracy.

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

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

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

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

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

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

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

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

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

(d) Ties to Coordinate System. All ties to the California Coordinate System monuments will be made by connection to at least two existing numbered city monuments and two subdivision or land division monuments in a closed traverse configuration. The bearings of all street centerlines within a subdivision shall be city coordinate bearings. The city engineer shall, at his option, specify which two of the City of Novato control points will be used to coordinate the horizontal control. A copy of the computations made in establishing the coordinate ties shall be submitted to the city engineer and filed in his office.

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

3. Vertical Control.

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

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

b. Monuments.

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

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

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

(Ord. No. 750, § 9.47.008)

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

(Ord. No. 750, § 9.49.002)

5-49.004 Affected Permit or Approval Process.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Master plan

d. Precise development plan

e. Use permit

f. Building permit

g. Encroachment permit

h. Grading permit

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

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

(Ord. No. 750, § 9.49.006)

5-49.008 Standards.

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

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

(Ord. No. 750, § 9.49.008)

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

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

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

5-53.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Certificate of compliance

d. Master plan

e. Precise development plan

f. Use permit

g. Plan review

h. Building permit

i. Encroachment permit

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

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

(Ord. No. 750, § 9.53.006)

5-53.008 Standards.

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

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

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

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

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

b. Specific.

1. All utility transmission lines shall be installed underground.

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

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

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

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

(Ord. No. 750, § 9.55.002)

5-55.004 Affected Permit or Approval Processes.

a. Subdivision requiring final map

b. Subdivision requiring parcel map

c. Certificate of compliance

d. Master plan

e. Precise development plan

f. Use permit

g. Plan review

h. Building permit

i. Encroachment permit

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

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

(Ord. No. 750, § 9.55.006)

5-55.008 Standards.

a. General. Each use or development proposal which involves or requires water service (domestic, commercial, industrial, agricultural) either for sanitary use, consumption, production, irrigation or visual amenity, shall provide for such water by agreement with the North Marin County Water District.

b. Specific.

1. Each permit or approval application affected by this requirement shall indicate the manner in which water is to be supplied. The degree of specificity shall relate to the type of permit or approval applied for.

2. Each application for permit or approval affected by this requirement shall include a stipulation that the North Marin Water District has reviewed the manner in which water is to be supplied.

3. If water supply is to be by private system, the applicant shall submit evidence, from an individual or firm qualified to make such a determination, that the water source is adequate in quantity and meets health standards for its intended purpose.

(Ord. No. 750, § 9.55.006)