CHAPTER I: LAND USE

The Land Use Chapter, required by the State planning law, designates the general distribution and intensity of uses of land for housing, business, industry, open space, education, public buildings and facilities. It specifies standards of population density and building intensity for each land use category. (Refer to LU Map 1: Land Use Designations.)

This chapter is the primary statement of how land in Novato should be used or reused. It sets the framework for all other chapters in the Plan, all of which must be consistent with each other.

This chapter contains objectives, policies, and programs for land use designations, infrastructure and public services, constraints analysis, the City's Sphere of Influence, and interjurisdictional coordination. Central issues addressed are how to relate the development goals of Novato to the capacity of the transportation system and other infrastructure and to environmental constraints, and how to define limits to urbanization through a tightly drawn Sphere of Influence.

The objectives, policies, and programs of the Land Use Chapter advance primarily five of the goals for the Novato General Plan in the statement of Vision and Goals Statement adopted by the City Council on September 29, 1992:

• Preserve and improve the quality of life in Novato. Conserve and where appropriate restore the natural environment and strive for high quality in the built environment that complements the natural environment.

• Retain and promote the small town character of Novato including preservation of the historic features and landmarks.

• Keep Novato relatively compact in physical size by establishing firm urban limit lines. Provide areas where land uses, densities and intensities create a gradual transition from the developed suburban area to the surrounding rural area. Coordinate with the County to maintain rural land uses within the Novato Sphere of Influence.

• Maintain and revitalize downtown Novato as the heart of the community.

• Manage growth by requiring the coordination of development with adequate infrastructure, public facilities, public services and promoting conservation, reuse and recycling strategies while meeting the needs of the community with the limited land available for development.

These goals shape the Growth Management Program that is included in this chapter of the General Plan.

Growth Management Program

Growth Management is a system for achieving the City's General Plan goals and objectives. A key element of Growth Management is the regulation of development so that it is consistent with the availability of infrastructure and public services, as well as being compatible with protection of environmental resources. Three parts of the Land Use Chapter comprise the Growth Management Program as follows:

Land Use Designations Map illustrates the pattern of conservation and development that the City will work to achieve over the coming decades, designating significant areas for conservation, agriculture and open space as well as locating future residential and commercial development.

Infrastructure and Public Services policies make commitments to continuing existing City practices and instituting new ones in order to best manage development so that growth consistent with the General Plan can occur while the adequacy of public services and infrastructure is maintained. Infrastructure policies are also found in the General Plan chapters on Transportation, Economic Development and Fiscal Vitality, and Public Facilities.

Constraints Analysis policies reflect the rich mix of environmental resources in the Area of Interest as well as the high value placed on those resources by Novato residents. Considering a Constraints Analysis of multiple resources early in the development process is intended to impart environmental values throughout project design and construction.

Each of the above components of the Growth Management Program is addressed in greater detail in the Objectives, Policies and Programs section of this Chapter.

Applying Land Use Policies to Specific Properties

The Land Use Chapter of the General Plan provides the basis for City decisions on development applications. Private and publicly-sponsored projects must be consistent with all parts of the General Plan, but the Land Use Chapter is the best place to find out what type of development would be appropriate in a specific location, or what location would be suitable for a particular development type.

There are three basic components to the General Plan's regulation of land use:

Location: Through the Land Use Designations Map, the chapter illustrates the location of future sites for development and preservation

Activities: For each land use classification shown on the Map, LU Table 3 lists typical activities.

Density and Intensity Standards: Residential density ranges control the number of units on each acre of land, and standards for floor area ratio (FAR) establish the intensity of non-residential buildings. Multiplying the low and high ends of the ranges by a parcel's acreage provides the range of potential development envisioned by the Plan. As discussed below, these standards are modified by policies in a number of other parts of the Plan.

The Land Use Chapter and the Land Use Designations Map identify the range of potential development envisioned for all properties in the City and Sphere of Influence. (The major undeveloped properties are identified in the February 1995 Preferred Plan Alternatives Report.) The range of potential development for each site is affected by the Growth Management Program of the Land Use Chapter as well as other policies of the General Plan. The Growth Management Program contains policies regulating development to be consistent with the availability of public facilities and services and environmental and safety constraints on properties. Consideration of Constraints Analysis early in the project design stage should result in a project design that is sensitive to property characteristics and meets General Plan policies. Users of the Land Use Designations Map must refer also to other maps in the General Plan that show the locations of public facilities and environmental resources, and to the Zoning Ordinance, which contains detailed descriptions of land uses permitted in each designation, as well as development standards that implement the General Plan.

Maximum densities of the applicable land use designation may in some cases be achieved during project development but there is no guarantee of achieving the maximum density. Also, on properties with many constraints to development, the minimum density of the applicable land use designations may not be attained.

The precise configuration of development, conservation areas, and buildout potential of individual properties will be based on site specific analysis and design prepared by an applicant. Proposals must be consistent with the provisions of the General Plan, the Zoning Ordinance, CEQA and other relevant land use regulations. As always, the characteristics of each project will ultimately be determined by review and action by City decision-makers.

Related Policies in Other Parts of the General Plan

Land use policies and programs protect natural resource lands, hillsides, agricultural lands, and bayfront. Flood conditions are recognized by lower-intensity, compatible land uses, and Policies and Programs in the Safety and Noise Element. Lands subject to flooding are identified in the Safety Chapter, pages V-7 to V-9 and SF Map 3. Land use designations provide for economic development to encourage jobs for Novato residents; however, the total amount of land designated for commercial development is less than in the City's 1981 General Plan. (See LU Table 1.)

Policies and programs in the chapters on Housing, Environment, Safety, Economic/Fiscal, and Community Identity establish standards for development that expand upon and are consistent with the policies and programs of the Land Use Chapter. The Novato Neighborhoods Chapter summarizes General Plan policies for subareas of the City, but is not an adopted part of the General Plan.

2. BACKGROUND

Comparison with 1981 General Plan

The 1996 General Plan revises a number of land use provisions of the City's last General Plan, adopted in 1981. The site of the proposed Buck Center for Research in Aging and the portion of the St. Vincent's/Las Gallinas Valley Sanitary District property adjacent to Hamilton Field are added to the City's Sphere of Influence.

The new plan adds one new residential designation; reduces the number of office designations from four to one; and adds the designations of Downtown Core, Commercial Industrial, Mixed Use, and Agriculture. There are 20 land use categories in the 1996 plan, compared with 17 in 1981. The 1996 plan also places more emphasis on downtown revitalization.The 1996 General Plan reduces the amount of residential, commercial, industrial, and office development from that allowed under the 1981 plan, as shown in LU Table 1.

LU Table 1
Buildout Under the 1981 General Plan
Land Use	Existing Built and Vested 1995	1981 General Plan Estimated Increase Above 1995		1981 General Plan Total Estimated Buildout
Residential	21,044 DUs	6,267 DUs	30%	27,311 DUs
Commercial	6,207,352 SF	3,546,838 SF	57%	9,754,190 SF
Industrial	135,549 SF	1,998,105 SF	1,474%	2,133,654 SF
Office	1,138,793 SF	1,892,962 SF	166%	3,031,755 SF
Buildout Under the 1996 General Plan
Land Use	Existing Built and Vested 1995	1996 General Plan Estimated Increase Above 1995		1996 General Plan Total Estimated Buildout
Residential	21,044 DUs	5,465 DUs	25%	26,509 DUs
Commercial	6,207,352 SF	3,372,103 SF	54%	9,579,455 SF
Industrial	135,549 SF	2,080,229 SF	1,534%	2,215,778 SF
Office	1,138,793 SF	1,253,848 SF	110%	2,392,641 SF
Notes: "Existing built and vested" includes development under construction as of May 1995 and development which is "vested" as guaranteed by a Development Agreement or other means. "Commercial" includes all development not strictly defined as "Industrial" or "office." It includes retail, wholesale, services, mixed non-residential uses, etc. Buildout estimates include development on all vacant or under-developed land not publicly owned.

The figures in LU Table 1 show the estimated maximum development allowed under the Plan; actual development may be considerably less. Maximum potential is used to ensure worst-case assessment of environmental impacts and infrastructure and service needs.

A major issue addressed in the Land Use Chapter is the fact that the capacity of the existing transportation system and funded improvements is inadequate to support the amount of development allowed in the 1981 General Plan. The 1996 General Plan includes policies and programs for growth management to assure that Levels of Service for transportation and other public facilities and services are maintained. In addition, a significant portion of the land still unbuilt is difficult to develop because of slopes, wetlands, and other environmental constraints.

Existing Conditions and Potential Development

Existing land use in Novato is predominantly residential, in the valley areas west of Highway 101 and in pockets along the San Pablo Bay historic flood plain east of the freeway. Most units are single-family detached on lots under one acre in size. With the increasing costs of land, however, the number of attached and multi-family units has increased.

Commercial uses are concentrated downtown along Grant Avenue, along Redwood Boulevard, in pockets along Highway 101, and in various small clusters and convenience centers. The Vintage Oaks Shopping Center, located east of the freeway and south of the Rowland Boulevard interchange, in the Novato Redevelopment Project Area, opened in 1991. The Novato Redevelopment Project is among the special land use controls in place in the City. It was established to replan and reuse a previously underutilized area by developing a regional shopping center, to increase employment opportunities and the supply of low- and moderate-income housing, and to provide public improvements. The project area covers approximately 400 acres east of Highway 101, north of Route 37, and south and west of Novato Creek. (See LU Map 2.)

Offices are located along the freeway, in and around Downtown, near the Novato Community Hospital, along Novato and South Novato Boulevards, and within the industrial parks. Novato Industrial Park contains the bulk of the City's warehousing, distribution, and manufacturing uses. Several industrial operations remain near the downtown, between the railroad and Redwood Boulevard.

Agricultural activities continue primarily outside the City Limits, in the areas west of Gnoss Field, south of Bel Marin Keys, and within the Indian Valley area.

A network of open space surrounds the Sphere of Influence defined in the Marin Countywide Plan as bounded by the Inland Rural Corridor on the west and north, San Pablo Bay on the east, and the San Rafael Sphere of Influence on the south. The Ignacio Valley and Indian Valley Open Space Preserves form the southwestern edge of the Sphere of Influence the Verissimo Hills Open Space Preserve, O'Hair Park site, and Mt. Burdell Open Space Preserve form the northwestern edge; Pacheco Valley and Loma Verde form the southeastern edge; and the Petaluma River and San Pablo Bay from the eastern and northeastern edges.

Several public and private projects have been the subject of great attention in recent years. Among the most significant to the City's future are:

Hamilton Field

Hamilton Field was closed in 1974; approximately 450 acres were declared surplus in 1979 and auctioned to private sector bidders in 1984. Approximately 270 acres adjacent to San Pablo Bay were transferred to the State for open space preservation. In 1993 the City approved plans of the New Hamilton Partnership for mixed use; with subsequent revisions the project will have up to 955 residential units; 825,000 square feet of office, light industrial, and retail use; and 200 acres of parks, open space, and sport fields. Construction of the Hamilton Master Plan area started in 1995.

The City, in cooperation with Marin County, has adopted a plan for the remaining 1,099 acres, known as the "Hamilton Reuse Plan." This plan includes: Low Density, Medium Density, and Medium Density Multiple Family Residential uses, representing 1,208 units; 43 acres of Community Facilities and Civic Uses (including an 80-bed homeless housing and services facility and up to 60 transitional housing units); 8 acres of commercial uses (including Neighborhood and General Commercial uses); 24 acres of parkland; and 795 acres of open space and wetlands.

Buck Center for Research in Aging

The Buck Center for Research in Aging (BCRA) project is will to be located within the northern City limits, west of Highway 101. The project, which consists of a 355,000-square-foot laboratory and research facility and 130 units of housing for research assistants and other BCRA personnel, was approved by the Marin County Board of Supervisors in 1994. Subsequently, an initiative (Measure B) was passed by the voters of the City of Novato approving a general plan amendment and prezoning project and paving the way for annexation of the 180-acre development site. The General Plan supports the development of the Buck Center at this location through expansion of the City's Sphere of Influence and the land use designation of Research/Education-Institutional.

Projected Growth of Population and Jobs

Between 1980 and 1990, the City of Novato and its Sphere of Influence (SOI) grew from a population of 51,209 to 53,015, an increase of 3.5 percent. The number of jobs in Novato increased by a far greater percentage - 31 percent - over this ten-year period; the majority were service and retail jobs. Population in 1995 was 54,900, reflecting the slow growth after 1990 due to a national and state recession. ABAG projects the population in 2015 to be 66,400. There has been much more job growth since 1990, with the opening of the Vintage Oaks shopping center.

The Association of Bay Area Governments (ABAG) projects a total of 25,750 households in Novato by the year 2010. The General Plan projects a higher number of housing units, about 27,000, at buildout, which could occur later than the year 2015. ABAG projects jobs in Novato to increase by 82 percent between 1995 and 2015. (See Housing and Economic/Fiscal Chapters.)

Evolution of the Plan

In January of 1994, a Plan Alternatives Report was published to help the community consider a basic direction for the new Plan. After public review and discussion and recommendations from a Steering Committee and the Planning Commission, the City Council approved a "Preferred Plan Alternative." This outlined the key elements of the Plan in broad terms and included an estimated development potential for key vacant (or underdeveloped) sites.

Relationship to the Marin Countywide Plan

The revised Marin Countywide Plan, adopted in January 1994, designates land use and densities for the unincorporated areas adjacent to Novato: Bel Marin Keys, Black Point, North Novato, Indian Valley, Southwest Novato, and Loma Verde. Most of these designations are low-density agricultural and residential, generally consistent with the policies of the Novato General Plan. There are, however, some areas of conflict. Discussed below is the major area of conflict; see the Novato General Plan Environmental Impact Report for a description of minor conflicts.

The Countywide Plan contains the following designation that differs from the policies of this General Plan.

• The undeveloped portion of Bel Marin Keys, which is outside the City's Sphere of Influence but inside the Novato Area of Interest: Agriculture and Conservation: 1 unit per 2 to 10 acres. The Novato Plan applies Conservation, 1 unit per 10 to 60 acres to such diked baylands, to preserve bayfront resources and preserve agricultural use, and would therefore not support the higher density shown in the Countywide Plan.

The Countywide Plan acknowledges that Novato is revising its General Plan and preparing a Downtown Specific Plan, and states, "When this process has been completed, the County shall review the City's General Plan and consider revising land use information and land use designations for the unincorporated areas in the Area of Interest." (Marin Countywide Plan, page CD-37)

Novato is a member of the Marin Countywide Planning Agency, which consists of representatives of the 11 cities and the County. The Agency establishes advisory Countywide standards for transportation and other public services and for environmental protection. It also reviews major development projects that individual jurisdictions submit on a voluntary basis. In addition, the Countywide Planning Agency serves as the Marin Congestion Management Agency, which establishes Level of Service standards on major roadways and recommends disbursement of certain transportation funds to local jurisdictions, based on their compliance with transportation standards.

3. OBJECTIVES, POLICIES, AND PROGRAMS

Land Use Designations Map

Objectives, Policies and Programs in this section are part of the Growth Management Program.

The General Plan establishes designations for land in the City and outside the City Limits within the Novato Sphere of Influence. Residential land use categories are intended to retain the small town character of Novato while providing opportunities for needed housing. Densities are generally the same as those that prevail in predominantly developed residential areas, so that new development on infill sites will be harmonious in character with the surrounding neighborhood. Densities are generally higher downtown, where there are opportunities for mixed use and higher density housing served by public transit, and generally decrease moving to the edge of the City, where lower densities can serve as a buffer between suburban and rural areas.

Office, commercial, and industrial land use designations generally provide for the same character and intensity found in existing office, commercial, and industrial areas in Novato. Neighborhood shopping centers are designated Neighborhood Commercial, which permits mixed residential and commercial uses. Office and industrial sites along Highway 101 are intended to encourage development in campus-like settings that will attract employers of Novato residents. Additional retail development is planned to focus on the Downtown, to encourage the revitalization of existing uses.

Conservation, Agricultural, and Public Use designations are intended to preserve agricultural use throughout the Area of Interest, limit urban development to areas within the Sphere of Influence, protect environmental resources and public open space and parks, and provide for needed public facilities.

The General Plan establishes 20 land use categories as shown on the Land Use Designations Map and described in LU Table 2. Each category is described relative to development density or intensity, and the types of activities, or land uses, which are found in areas designated with that category. For residential uses, residential density is shown in dwelling units per gross acre. Maximum residential density shall be calculated based on the gross acreage and then rounded down to the nearest whole number. Approximate population density can be derived by multiplying the dwelling unit density by average population per unit. For example, 5 units/acre x 2.6 persons = 13 persons/acre.

For non-residential designations, building intensity is defined by Floor Area Ratio (FAR), which is the ratio between the amount of gross floor area and the gross site area. For example, an FAR of 0.5 would allow a one-story building over half of a site, or a two-story building over one quarter of a site. The Zoning Ordinance contains detailed descriptions of land uses permitted in each designation, as well as development standards that implement the General Plan. For development standards which apply to the Novato Industrial Park, please see LU Policy 2A. ⁽⁴⁾ Users of the Land Use Designations Map must refer also to other maps in the General Plan that show the locations of public facilities, environmental resources, and development constraints.

LU Table 2: Land Use Designations
Residential Designations
Designation	Uses included	Allowable Density Range (Dwelling Units Per Gross Acre)
Rural Residential	Detached single-family dwellings, limited agricultural uses, processing of agricultural products, outdoor recreation and other similar uses.	Up to 0.49
Very Low Density Residential	Detached single-family dwellings, recreation, home occupations, community facilities, and other similar uses.	0.5 to 1
Low Density Residential	Detached or attached single-family dwellings, recreation, home occupations, community facilities, and other similar uses.	1.1 to 5
Medium Density Detached Residential	Detached single-family dwellings, recreation, home occupations, community facilities, and other similar uses.	4.1 to 7
Medium Density Residential	Two-family dwellings, detached or attached single-family dwellings, recreation, home occupations, community facilities, and other similar uses.	5.1 to 10
Medium Density Multiple Family Residential	Multiple-family dwellings, two-family dwellings, detached or attached single-family dwellings, recreation, home occupations, community facilities, and other similar uses.	10.1 to 20
High Density Multiple-Family Residential	Multiple-family dwellings, two-family dwellings, limited commercial uses to serve building residents, attached single-family dwellings, recreation, home occupations, community facilities, and other similar uses.	20.1 to 30
Office, Commercial, and Industrial Designations
Designation	Uses Included	Maximum Floor Area Ratio (FAR)
Business and Professional Office	Office activities, including office campuses, research and development activities, hospitals, and administrative, medical, dental, business offices, and visitor serving hotel/motels with ancillary commercial and service establishments, and other similar uses.	0.4
General Commercial	Established commercial areas with off-street parking and/or clusters of streetfront stores; regional and local-serving retail stablishments; specialty shops, banks, professional offices; business and personal services; visitor serving hotel/motels with ancillary commercial and service establishments, and other similar uses. This designation is typically assigned to larger parcels, located on a major arterial street.	0.4
Neighborhood Commercial	Established neighborhood shopping areas, to meet the retail and service needs of nearby residents. This land use designation allows a variety of retail stores, and personal services such as grocery stores, dry cleaners, professional and administrative offices, restaurants, residential care facilities for the elderly, and other similar uses. Multi-family housing integrated with commercial uses is permitted.	0.4, with an increase to 0.6 if housing is included, provided the difference between FAR of 0.4 and 0.6 is used for housing.
Downtown Core	This designation will be used for part of the Downtown Specific Plan area. It permits office, commercial, and retail uses, mixed commercial/residential use with commercial uses located principally on the ground floor, and other similar uses.	1.2 with potential for a maximum of 2.0 where housing is incorporated or the project is found to be of historical significance or of exceptional design quality in conformance with Downtown Specific Plan Design Guidelines.
Commercial/Industrial	A wide range of commercial and industrial uses, including motor vehicle service uses, contractor uses and yards, manufacturing, storage uses, wholesale, incidental employee serving retail/service uses, specialty retail uses consistent with industrial uses, rock, sand and gravel plants, solid waste management and recycling facilities, trucking yards or terminals, ancillary office and small offices. This designation applies to the area north of Grant Avenue and east of Redwood Boulevard, which now contains a mixture of commercial, construction-related, and industrial uses. The intent of the designation is to encourage existing businesses to remain and make improvements.	1.0
Mixed Use	Applies to sites where the surrounding area is currently developed with both commercial and residential land uses. Office, commercial, retail uses and residential uses are permitted. The combination and intensity of land uses shall be compatible with the development pattern and character of the surrounding neighborhood and existing adjacent land uses. Commercial only or office only land uses are permitted. Housing development may be permitted only in conjunction with either commercial and/or office uses.	The FAR is 0.4 with potential for an increase to 0.8 when housing is incorporated into a project.
Light Industrial/ Office	A wide variety of manufacturing, office, wholesale, service, and processing uses that do not generate excessive adverse environmental impacts. Other uses permitted include; distribution, warehousing and agricultural products sales and services; auto sales and service, and repair; food and drink processing; local serving retail; solid waste transfer facilities, recycling facilities, and other similar uses.	0.4, except for the Novato Industrial Park and Hamilton hangar areas where the maximum FAR shall be 0.6.
Research/Education- Institutional	A mix of medical research, educational, and laboratory uses, with related multi-family residential, recreation, office and commercial, and other similar uses in a campus or open space setting.	Maximum floor area ratio is 0.2, and the maximum residential density is one (1) unit per acre.
Conservation, Agricultural and Public Use Designations
Designation	Description	Allowable Density Range
Conservation	Applies to privately-owned land that is mainly unimproved. Permitted uses are agriculture, detached single-family dwellings, preservation of natural resources, outdoor recreation, and other similar uses. Examples include bayfront, watercourse, and hillside areas.	1 dwelling unit per 10 acres to 1 dwelling unit per 60 acres.
Agriculture	This designation is intended to protect, preserve and enhance agricultural uses. Uses include agriculture; greenhouses; farm and ranch buildings; single-family dwellings; horse stables; fishing and hunting clubs; flood control facilities; animal hospitals; and institutional uses for educational, scientific, outdoor recreation, or religious purposes, related to the primary agricultural use of the property.	1 dwelling unit per 60 acres.
Open Space	Publicly-owned land that is largely unimproved and devoted to the preservation of natural resources, outdoor recreation, floodways and flood control, and the maintenance of public health and safety	Not applicable.
Parkland	Existing and undeveloped active and passive parks, recreation areas, and community playfields. Permitted uses include shelters, rest rooms, storage sheds, other structures needed to accommodate public use or provide for maintenance of the land, and cultural and recreational facilities.	Not applicable.
Community Facilities, Public Utilities and Civic Uses	Public buildings, schools, recreation and cultural facilities, museums, public libraries, utility facilities, transformer stations, water and sewage treatment plants, solid waste transfer facilities, recycling facilities, and related easements, City offices, fire and police stations, hospitals, churches and privately-owned uses operating in conjunction with public uses.	0.8 FAR

LU Objective 1

Promote development and conservation of land in Novato in the pattern shown on the Land Use Designations Map.

LU Policy 1 Implementation of Land Use Map. Implement the Land Use Designations Map by approving development and conservation projects consistent with the land use definitions, densities and intensities indicated in LU Table 2. Ensure consistency between the General Plan, the Zoning Ordinance, and other land use regulations.

LU Program 1.1: Amend the Zoning Ordinance and other land use regulations so that they are consistent with the land use designations of the General Plan.

LU Program 1.2: Use the Zoning Ordinance to specify uses allowed in each zoning district, consistent with LU Table 2. Not all uses listed for a particular designation will be allowed in all locations so designated. The Zoning Ordinance establishes districts allowing some uses by right (permitted uses) and others with a use permit (conditional uses).

The descriptions and lists of uses in LU Table 2 describe the intent of the General Plan which will be implemented through City regulations. In some cases, the use of designated property at the time of General Plan adoption is different from the uses described in the General Plan. Properties which become legally nonconforming retain certain rights under the Novato Municipal Code to continue in existence. The fact that a property designation in the General Plan results in a property becoming legally nonconforming does not necessarily signify any intent to eliminate any rights enjoyed by any legally nonconforming property under the Municipal Code.

LU Program 1.3: Request that the County of Marin revise the Marin Countywide Plan in accordance with the policies of the revised Novato General Plan.

LU Program 1.4: Develop a program to facilitate and streamline all permit processing.

LU Policy 2 Development Consistent with General Plan. Allow development at any density within the range shown by the Land Use Designations Map provided applicable objectives, policies and programs of all chapters of the General Plan are met. Maximum densities (top of stated density range applied to total gross acreage) may in some cases be achieved, but there is no guarantee of achieving the maximum density.

The density and intensity ranges in LU Table 2 will be applied to a site's gross acreage, i.e., to the total site including land area that will subsequently be used for public rights-of-way or retained in an undeveloped state to preserve environmental resources. See also LU Policy 4 and associated comment.

LU Policy 2A Novato Industrial Park. Allow development in the Novato Industrial Park in conformance with the standards specified in Appendix C of Resolution No. 70-97 to the extent said standards comprehensively and completely cover the standard addressed in that Appendix C. To the extent said standards in that Appendix C do not comprehensively and completely cover the standards or development features addressed therein, applicable provisions of this General Plan shall control the development of the property encompassed within the Novato Industrial Park. The property encompassed within the Novato Industrial Park shall be that area so indicated on the map accompanying Resolution No. 70-97. ⁽⁵⁾

LU Policy 3 City/Property Owner Cooperation. Work with property owners so that proposed developments will both attain density/intensity within the ranges stated and be consistent with community objectives, City regulations, and environmental and infrastructure constraints. Recognize that in some cases, the minimum density of the applicable land use designation may not be attained.

LU Program 3.1 Consider policies and ordinances that address the issues involved with home occupations, home businesses, and working from the home activities.

LU Policy 4 Clustering of Development. Encourage clustering of development on sites with environmental constraints in order to achieve environmental goals and attain gross densities within the range of the land use designation. Clustering of development may result in net densities on some portions of a site exceeding the maximum densities in LU Table 2.

Consistent with LU Policy 2, a site's maximum allowable development potential will be based on its gross acreage. If units are clustered, there may be portions of the site where net densities exceed the maximum of the stated density range. Using a 10-acre site designated for low density residential at 1.1 to 5 dwelling units per gross acre as an example, the maximum unit potential would be 50 units. If five acres were environmentally constrained and the 50 units clustered on the unconstrained areas, the net density of those five acres where all building sites would be located would be ten units per acre. Clustering will be permitted only when all General Plan goals and policies can be attained. See also LU Policy 5.

LU Policy 5 Compatibility with Surroundings. Ensure that clustered development is compatible with the surrounding residential neighborhoods.

Compatibility is to be determined by the appropriate City authority judging a development project, based on appearance, use characteristics, proximity, and other factors. Compatibility does not require, in the case of two residential neighborhoods, that housing type, lot size, or density be the same. Rather, visual conflict, interference with established use, and negative physical impacts are to be avoided.

LU Policy 6 Northwest Quadrant. Update and revise the Northwest Quadrant Plan and adopt it as an Area Plan. Retain existing General Plan policies for the Northwest Quadrant until the Plan is adopted, as follows ⁽⁶⁾:

1. The interface between the Grant Avenue commercial frontage and the residential areas on Second through Seventh Streets shall provide buffering between the noise, lights, etc., from parking areas and living environments. This area will not be approved for new residential development unless parcel size, aggregation of parcels, or site plan design, provides for barriers, setbacks, residence orientation/location, etc., which will reduce intrusion of noise, fumes, and light into dwellings. Offices, institutions, or similar nonresidential uses in this area are encouraged, in order to provide a transition between the commercial and residential uses.

   In approving any design for residential development in the buffer area, the Design Review Committee shall find that the design provides the maximum feasible reduction of noise, fumes, and light intrusion into residential units.

2. In the remaining areas of the Northwest Quadrant, the objective is to maintain a desirable living environment with a broad variety of housing types and prices.
   1. Allow duplexes or two single-family homes per lot anywhere in the area. ⁽⁷⁾

   2. Allow multi-family housing only in cases where the City makes the following findings ⁽⁸⁾:

      (1) That the rezoning would not encourage the demolition of a sound dwelling; in order to demonstrate that rezoning would not encourage the demolition of a sound dwelling, an applicant must either present a factual report on the physical condition of the existing dwelling, including an estimate of the cost of needed repairs; or present a feasible site plan showing incorporation of the existing dwelling into future development.

      (2) That the rezoning would not lead to the intrusion of apartments into a predominantly single-family area.

3. Rezoning, if it meets the findings and Policy 3, shall be for maximum densities as follows:
   1. For lots less than 7,500 square feet in area, maximum density shall be two units.

   2. For lots 7,500 to 14,999 square feet in area, maximum density shall be limited to one unit per 2,500 square feet. Where a parcel has an average width of less than 60 feet, the number of permitted dwellings shall be reduced by 20 percent, requiring 2,700 square feet per unit. ⁽⁹⁾

   3. For lots 15,000 square feet and larger, maximum density shall be limited to one unit per 2,200 square feet ⁽¹⁰⁾.

4. Uses such as churches and other institutions, private recreational facilities, etc., should also be allowed on a case-by-case basis, where such development will not have a negative impact on the residential character of the particular block in question. Such uses are generally allowed by use permit, rather than rezoning.

5. Aggregation of parcels to achieve higher densities will require simultaneous development of the aggregated parcels.

The City adopted the Northwest Quadrant Plan for the area northwest of the intersection of Redwood Boulevard and Grant Avenue in 1977. The objective of the plan was to maintain a mixed residential area near downtown, with a high population concentration to support downtown activities, but to preserve the existing small, single-family homes that are in sound condition. Single-family homes and duplexes are allowed throughout the area, but apartments are allowed only if they would not demolish sound dwellings or intrude into a predominantly single-family area. The plan includes a sliding scale of maximum densities: two units on lots less then 7,500 square feet, one unit per 2,000 square feet for lots 7,500 to 15,000 square feet, and one unit per 1,875 square feet for lots 15,000 square feet and larger. Neighborhood residents have expressed concern that present regulations continue to allow the replacement of single-family homes with multi-family units.

The maximum allowable densities referenced above are reduced to 10 to 20 dwelling units per acre to conform to the densities shown on the Land Use Map. ⁽¹²⁾

Infrastructure and Public Services

Objectives, Policies and Programs in this section are part of the Growth Management Program.

Policies on Infrastructure and Services make commitments to continuing existing City practices and instituting new ones in order to best manage development so that growth consistent with the General Plan can occur while the adequacy of public services and infrastructure is maintained. Infrastructure policies are also found in the General Plan chapters on Transportation, Economic Development and Fiscal Vitality and Public Facilities.

Throughout the Plan there are references to "infrastructure" (e.g., roads or storm drains) and to "public services," e.g., police or schools. These two categories are differentiated by the fact that, while both require resources for capital investments and ongoing operations, infrastructure costs are primarily capital costs, and public service costs are primarily operating costs. This distinction means that different types of funding mechanisms are appropriate in the two cases.

LU Objective 2

Allow development consistent with infrastructure and adequate public services.

LU Policy 7 Growth Management. Recognize the available and planned capacity of infrastructure and public services when considering proposals for development.

LU Program 7.1: Manage growth and infrastructure capacity through coordination and communication with provider agencies.

The City will continue to communicate and exchange information with agencies and districts responsible for providing transportation, schools, water, flood control, and waste water treatment.

LU Program 7.2: Analyze project impacts on infrastructure capacity and services as part of CEQA review, and require design and mitigation measures in consultation with provider agencies. If CEQA review or other analysis of development projects concludes that a proposed project would result in a deterioration of service or would cause available capacity to be exceeded, respond in one or more of the following ways:

1. Require project redesign in order to prevent service from deteriorating or capacities being exceeded, provided that all economic use of the property is not prevented;

2. Condition the project on developer funding of improvements needed to maintain services and/or provide additional infrastructure capacity;

3. The project may be approved if it can be found that the project will do one or more of the following :

   i. generate substantial overriding public benefits

   ii. be in compliance with all of the other goals, objectives, and policies of the General Plan, and

   iii. benefit the public health, safety, and general welfare of the community.

4. Deny the project.

LU Program 8.1: Continue the five-year Capital Improvement Program.

LU Program 8.2: Conduct Planning Commission review of the Capital Improvements Program annually to ensure consistency with the General Plan.

LU Program 8.3: Establish and periodically review public facilities impact fees.

Adequate public facilities should be provided for new urban development, and new developments should bear their fair share of providing such facilities. In order to make reasonable provision for new facilities, the City of Novato will establish public facility impact fees. These fees are intended to provide for facilities that are required in addition to normal on-site and off-site development improvements. Impact fees may vary by location, according to the cost of improvements needed in the vicinity and the proportional share of the cost to be applied to the development.

Such fees will be established to implement the policies of the General Plan and may include charges for drainage improvements, traffic and roadway improvements, and other capital improvements such as parks and public buildings. See the Transportation and Public Facilities and Services chapters for policies on impact fees.

LU Program 8.4: Support efforts to charge and collect equitable fees by other agencies providing infrastructure and public services in Novato so that levels of service consistent with agency standards can be attained.

LU Program 8.5: Continue to maintain a computerized land use database system to accurately track fair share contributions.

This system contains updated parcel-specific information regarding General Plan, Zoning, parcel size, developments pending and approved, and other relevant factors. Using a computerized land use database permits the City to monitor development and implement growth management programs, as well as to cooperate effectively with regional agencies such as ABAG and the County Congestion Management Agency (CMA).

Constraints Analysis

Objectives, Policies and Programs in this section are part of the Growth Management Program.

Constraints analysis is a process of investigating a site's natural resources and hazards in order to accomplish three aims: (1) preserve environmental value, (2) minimize hazards to people and property, and (3) accommodate development types and densities envisioned by the General Plan. This General Plan recognizes constraints analysis as a key part of the environmental review and development process for many properties in Novato. Because of the extent and the mix of natural resources in the area, the precise development potential of individual properties cannot be determined solely by the Land Use Designations Map. The results of the Constraints Analysis followed by sensitive project design, consistency with General Plan, Zoning Ordinance, and other land use regulations, as well as City review will ultimately determine attainable development density. Constraints analysis is encouraged early at the project development stage so project design is sensitive to property constraints.

This Plan's requirements for Constraints Analysis is consistent with the California environmental Quality Act (CEQA) because it requires developers to take into account the potential for adverse impacts on the environment when planning their projects. The information developed as part of Constraints Analysis will be incorporated into environmental documents when applicable.

LU Objective 3

Assure that Development Recognizes Environmental Constraints.

LU Policy 9 Constraints Analysis. Assess environmental constraints when considering development of lands with high environmental value or significant hazards. Encourage development sponsors to use such Constraints Analysis in designing their projects, to avoid unnecessary expense in redesigning their project to incorporate the issues defined by Constraints Analysis. The Constraints Analysis expands the City's current development analysis on property. The property owner is being provided the option of submitting the Constraints Analysis prior to submittal of the project application and environmental documentation or submitting it with the environmental documentation. The Constraints Analysis is an analysis in addition to that required by CEQA.

LU Program 9.1: Prepare a guide to Constraints Analysis to:

1. Identify lands with high environmental value or significant hazards. These would generally include wetlands and watercourses, native woodlands, habitat important to special species, wildlife travel corridors, scenic resources (including scenic hillsides and ridgelines) and land subject to flood or fire hazards. Other resources and hazard areas in addition to these may be included.

2. Adopt a process to integrate Constraints Analysis with project design, preliminary review, formal development application, completeness review, environmental review, and project decision. This process should ensure that there is no conflict or duplication of effort between Constraints Analysis and other actions under State and local regulations.

3. Identify information resources, standards, methodologies and other tools to assist Constraints Analysis. One such standard shall be specific conditions to ensure that species of broom, acacia, and pampas grass are not planted as part of any future development of the site.

Sphere of Influence

State law provides for the establishment of Spheres of Influence, to indicate the areas that may be annexed to a City and for which urban services, if available, could be provided. The purposes of Spheres of Influence are to ensure that urban development takes place in an orderly manner, and that the land use and development policies of a City are recognized in areas that will eventually be part of a City. Within the Sphere of Influence, the City may consider establishing Urban Service Areas to indicate areas where urban development can best be accommodated over the next five to ten years.

The General Plan establishes policies for the Sphere of Influence, which are functionally related to the conservation and development goals of the City. There are areas in Novato's Sphere of Influence exclusive of the urban services area which the City does not intend to annex, such as the developed unincorporated communities of Black Point and Indian Valley. These areas are nonetheless appropriately included in the Sphere because they closely effect and are effected by Novato, and because other agencies which provide urban services extend beyond the Novato City Limits. There are also areas (such as "Conservation" areas) that are in the City limits, or could be annexed, that do not require urban services, but are appropriately included in the Sphere of Influence due to their location.

The establishment of any Urban Service Area shall be consistent with the Urban Growth Boundary policies set forth below.

Urban Growth Boundary

The City seeks to protect agricultural, natural resources, open space and community separator uses, public and private outdoor recreation, uses that foster public health and safety, and farming enterprises as well as encourage efficient growth patterns that foster and protect the rural character of Novato while encouraging appropriate economic development in accordance with the City's unique local conditions.

The establishment of an Urban Growth Boundary will protect the quality of life of the citizens of Novato by concentrating future residential, commercial and industrial growth in areas already served by urban services. The Urban Growth Boundary will improve the City's ability to provide municipal services and discourage the provision of City services to sprawling developments in outlying agricultural and open space lands which greatly increases the cost of such services. ⁽¹³⁾

LU Objective 4

Establish clear limits to urban development outside the Novato City Limits.

LU Policy 10 Boundaries of Sphere of Influence. The Sphere of Influence boundaries are shown on LU Map 1 (and most maps in the Plan) and includes the site of the proposed Buck Center for Research in Aging and the portion of the St. Vincent's/Las Gallinas Valley Sanitary District property adjacent to Hamilton Army Air Base.

LU Program 10.1: Request that the Marin County Local Agency Formation Commission (LAFCO) revise the Novato Sphere of Influence in accordance with the Novato General Plan.

LU Program 10.2: Study potential Urban Service Areas as defined by LAFCO and consider amending the General Plan to delineate them and adopt appropriate policies.

LU Program 10.3: Request that LAFCO and the County of Marin Recognize the Urban Growth Boundary in their official plans. ⁽¹⁴⁾

LU Policy 10A Urban Growth Boundary. An Urban Growth Boundary is established, as shown on LU Map 1. Land use designations outside the Urban Growth Boundary have been established for long-term planning purposes. For the 20-year duration of the Urban Growth Boundary, development outside the Urban Growth Boundary shall be limited to nonurban uses such as agricultural, conservation, parkland, and open space uses except as provided herein. The City, its departments, boards, commissions, officers and employees, shall not grant, or approve any general plan amendment, rezoning, or zoning ordinance amendment, specific plan, master plan, precise development plan, tentative or final subdivision map, conditional use permit, building permit or any other discretionary or ministerial land use or development approval or entitlement for urban land uses outside the Urban Growth Boundary except as provided in this policy.

All City departments, boards, commissions, officers and employees shall act on applications for land use approvals or entitlements outside the Urban Growth Boundary consistent with state law in a manner that avoids any approval of such applications by operation of state or other law.

Until November 4, 2017, the foregoing Policy 10A, and LU Map 1 as it depicts the Urban Growth Boundary may be amended only by a vote of the people or pursuant to any of the procedures set forth below.

1. To comply with state law regarding the provision of housing for all economic segments of the community, the City Council may amend the Urban Growth Boundary in order to accommodate lands to be designated for residential uses, provided that no more than ten acres of land may be brought within the Urban Growth Boundary in any calendar year. Such an amendment may be adopted only upon the affirmative vote of a majority of the Council, and if the City Council makes each of the following findings:

   (1) That the land is immediately adjacent to existing comparably developed areas and the applicant for the redesignation (or the City if City-initiated) has provided evidence that the Novato Fire Protection District, Novato Police Department, Novato Community Development Department, the North Marin Water District, Novato Sanitary District, and the School District have adequate capacity to accommodate the proposed development and provide it with adequate public services;

   (2) That the proposed development will consist of primarily low and very low income housing pursuant to the Housing Element of the General Plan;

   (3) That there is no existing residentially designated land available within the Urban Growth Boundary that can feasibly accommodate the proposed development;

   (4) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Growth Boundary for low and very low income housing; and

   (5) That the proposed development is necessary to comply with state law requirements for the provision of low and very low income housing.

2. To avoid an unconstitutional taking of private property, the City Council may extend the Urban Growth Boundary, by the affirmative vote of a majority of the Council, if it finds that:

   (1) The implementation and/or application of the UGB would otherwise constitute a taking of a landowner's property for which compensation must be paid; and

   (2) The extension of the UGB and land use designations associated with the extension will allow additional land uses only to the minimum extent necessary to avoid such a taking of the landowner's property.

3. To promote the public health, safety, and welfare, the City Council may, by the affirmative vote of a majority of the Council, amend the Urban Growth Boundary if it finds that such amendment is necessary for the development of a public park, public school, public facility, or public open space project, and such amendment is otherwise consistent with the General Plan then in effect.

4. To promote the public health, safety, and welfare, the City Council may, by the affirmative vote of a majority of the Council, amend the Urban Growth Boundary if they make each of the following findings:

   (1) The amendment is the only feasible method of addressing a significant threat to the public health, safety, and welfare;

   (2) The amendment would not provide for new development; and

   (3) The amendment only involves developed or substantially developed lands.

5. The City Council may, by the affirmative vote of a majority of the Council, exempt projects that have a vested right under law to proceed with development, if the Council determines that the exemption is necessary for the project to proceed consistent with that vested right. ⁽¹⁵⁾

LU Program 11.1: Request that the Marin County Local Agency Formation Commission refer proposals for inclusion in the area served by the Novato Sanitary District to the City for review and comment and act favorably on the City's recommendations.

LU Policy 12 Area of Interest. Monitor issues within the Area of Interest for their effect on Novato.

LU Program 12.1: Request that the County of Marin and other applicable agencies refer all proposed projects and programs within the Area of Interest to the City of Novato for review and comment, and act favorably on the City's recommendations.

LU Program 12.2: Request that the County of Marin adopt land use policies consistent with the Novato General Plan for the areas outside the City's Sphere of Influence but within the Area of Interest. In particular, recommend that the Bel Marin Keys area be designated as part of the Bayfront Overlay Zone and that lands now in agricultural use be designated Agriculture, or Conservation.

LU Policy 13 Annexation Guidelines. Require annexations to meet all of the following guidelines:

1. Areas to be annexed must be able to be served by existing City facilities and by facilities provided by other agencies, or by environmentally and economically feasible extensions to these facilities. Findings to support annexations must be made to indicate that improvements to support the development are available. These include transportation, water supply, fire, waste water treatment, schools, and other public services and facilities.

2. Proposed annexations must be contiguous to existing developed areas. Annexation and development that "leapfrogs" over vacant and undeveloped land will not be allowed.

3. Annexation of an area should not have either short-term or long-term negative impacts on the City's fiscal condition.

4. For proposed developments seeking annexation, a specific development plan, including maps and text, must be prepared for the proposed annexation, showing how the proposed development contributes to the attainment of General Plan goals and policies.

5. Proposed developments must be consistent with the proper land use designation and meet all other requirements of the General Plan.

6. Other relevant policies are found in the Economic Development and Fiscal Vitality Chapter. EC Program 23.2 would establish annexation fees and EC Policy 25 and EC Program 25.1 call for a Fiscal Impact assessment of projects as appropriate.

Interjurisdictional Coordination

Development and environmental protection in Novato involve various agencies in addition to the City of Novato. School, fire, water, wastewater disposal, flood control, and transportation services are provided by other public agencies. Land use policies and development in other cities and in unincorporated areas near Novato affect the City. Therefore, cooperative planning among jurisdictions is important to avoid land use conflicts and ensure efficient allocation of public services.

It is particularly important for the City and County to coordinate. Communication, referral, and sometimes formal agreements will ensure consistent implementation of the City's General Plan and the Marin Countywide Plan.

The establishment of an Urban Growth Boundary increases the need for City-County coordination on lands immediately surrounding the City. ⁽¹⁷⁾

LU Objective 5

Establish effective coordination of planning efforts among interrelated jurisdictions and special authorities to implement the General Plan.

LU Policy 14 Congestion Management Agency. Coordinate with the Marin County Congestion Management Agency and support its role in addressing Countywide transportation problems.

The Countywide Planning Agency serves as the County Congestion Management Agency (CMA) and performs the State-mandated CMA functions for Marin County. Refer to Policies and Programs in the Transportation Chapter.

LU Program 14.1: Support the continuation of the CMA's responsibilities of reviewing and maintaining transportation standards and reviewing local general plan amendments for consistency with these standards.

LU Policy 15 Redevelopment Plan. Use the Redevelopment Plan to help attain General Plan goals, objectives, and policies.

LU Program 15.1: Continue to implement the redevelopment plan within its existing boundaries. (See LU Map 2.)

Responsibility: Novato Redevelopment Agency.

LU Policy 16 Coordination with Marin County. Coordinate policies and land use planning with the County of Marin for areas outside the Urban Growth Boundary, including the Gnoss Field area, Black Point, Indian Valley, and other areas. ⁽¹⁸⁾

LU Program 16.1: Request the County of Marin to work with the City to prepare a specific plan for the Gnoss Field area and for other areas, as necessary. ⁽¹⁹⁾

Return to Novato General Plan Menu