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Novato council asks staff to study century‑old easement mismatches after neighborhood complaints
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Summary
Council directed staff to research easement/right‑of‑way mismatches in a subdivision built in 1951 and to return with options, prioritizing the affected neighborhood while considering a citywide review. Residents described denied permits and requested equitable, practical remedies.
Council members on April 14 directed city staff to study long‑standing right‑of‑way and easement mismatches affecting several cul‑de‑sac streets built before Novato incorporated in 1951. The item was introduced by a council member who said recorded subdivision plans and as‑built conditions do not match and that easements often encroach into front yards, creating setbacks that have hindered home‑improvement permits for some residents.
The study session included staff and council discussion of options ranging from surveying the subdivision to vacating or realigning easements where the city has no current need. City staff estimated 75–100 hours of work and an initial cost of roughly $15,000–$20,000 to study the neighborhood and recommended, for equity reasons, that the city examine other pre‑incorporation areas citywide once the scope is clarified.
At least three residents who live in the affected neighborhood spoke during public comment, describing multi‑decade histories of unclear records and denied permits. “This neighborhood was built before Novato became a city under very different standards,” Ronald Nelson told the council, asking for a fair, neighborhood‑sensitive approach rather than blanket enforcement. Contractors and homeowners described previous permit denials, significant fines, and the cost burden of individual surveys.
Council members asked staff whether the work should be done parcel‑by‑parcel or subdivision‑wide. The city attorney and planning staff noted that the solution could include technical actions (surveys and realignment of right‑of‑way) or legislative changes such as code amendments to permit tailored setback rules for older subdivisions.
Councilmember (speaker 6) moved to direct staff to research options, prioritize the affected neighborhood, and place an item on a future agenda for more discussion; councilmember (speaker 5) seconded. The motion passed on a recorded roll call vote. Council and staff discussed timing with a target of bringing the item back in June if calendar and staff capacity allow.
The next step is for staff to return with a scope and cost estimate for the study and to recommend whether the city should pursue surveys, legislative code changes, or a mixed approach that preserves necessary public right‑of‑way while easing permit barriers for homeowners.
