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HomeMy WebLinkAboutTC Agd Pkt 2010-03-03 (2)To: From TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor & Members of the Town Council Community Development Department Town Council Meeting March 3, 2010 Agenda Item: Subject: Introduction of Comprehensive Reformatting and Text Amendments to the Tiburon Zoning Ordinance (Title IV, Chapter 16 of the Tiburon Municipal Code); File # MCA 2008-09 (Ordinance---First Reading) Reviewed by: BACKGROUND This item appeared on the Town Council's agenda of January 6, 2010. At that time, the Council requested additional time to review the draft updated ordinance and continued the item to its meeting of March 3, 2010. Staff has attached the staff report from the January 6, 2010 meeting as Exhibit 1. Copies of the draft updated Zoning Ordinance booklet and the Initial Study/Draft Negative Declaration were previously distributed to the Council. The draft ordinance of adoption is attached as Exhibit 2. ADDITIONAL AMENDMENTS In the months since this item was forwarded to the Town Council, new state laws have gone into effect that require compliance with more stringent water conservation methods applied to landscaping of certain projects. In order to implement these laws, the Town is proposing to adopt MMWD's latest water efficient landscape regulations by reference. In order to facilitate their implementation through the Town's permit review process, the following two revisions to the draft Zoning Ordinance are proposed: 1) A definition for "Water Efficient Landscape" would be added page X-30 in Article X that would read as follows: Water Efficient Landscape. Landscaping and irrigation that has been designed and installed to comply with water efficiency regulations set forth in current Marin Municipal Water District (MMWD) ordinances. A water-efficient landscape is designed to conserve water usage by establishing and applying a `maximum applied water allowance,' which is the upper limit of annual applied water for a landscape area based on the local evaporation factor, and site-specific factors such as soil, slope and planting conditions. Water-efficient landscape regulations for applicable projects are administered pursuant to Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code. y..f"s0', C2 1.tI,")cAI \4 c;': :it i;.y. 2) The Guiding Principle regarding landscaping (found at p. V-13 in Article V, Section 16- 52.020(H)(7)) in the draft zoning ordinance would have a new sentence added at the end and would read as follows [new sentence is underlined] : 7. Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion; to protect the privacy of adjoining sites; and to mitigate the visual and noise impacts of the proposed project. Applicants are encouraged to use native and drought-resistant landscaping. Proposed landscaping shall be used which will, at maturity, minimize primary view obstruction from other buildings. A cash deposit or other monetary security may be required to ensure the installation and/or maintenance for a one-year period of any and all landscaping. Projects that are subject to provisions of Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code shall comply with the Marin Municipal Water District regulations regarding water-efficient landscaping adopted by reference therein. RECOMMENDATION 1. Hold a public hearing and accept any testimony. 2. Provide comments to Town Staff. 3. By motion, adopt the Negative Declaration for the project. 4. If the Council is prepared to do so, move to read by title only, waiving any additional reading, and introduce the Ordinance. Pass the reading by roll call vote. If first reading is passed, the Ordinance will return for final adoption on a future consent calendar. EXHIBITS 1. Staff Report from the January 6, 2010 Town Council meeting 2. Draft Ordinance Previously-Distributed to Town Council: ➢ Initial Study/Draft Negative Declaration ➢ Draft Updated Zoning Ordinance dated November 2009 Prepared by: Scott Anderson, Director of Community Development LOU- -1 S.•IAdministrationlTown CouncibStaff Reports 120101March 3 DRAFTSIzoning ordinance first reading report.doc TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department Town Council Meeting January 6, 2010 Agenda Item: Introduction and Overview of Comprehensive Reformatting and Text Amendments to the Tiburon Zoning Ordinance; File # MCA 2008-09 The Tiburon Zoning Ordinance was last comprehensively updated 20 years ago. Since that time, a number of relatively minor amendments and updates to specific sections have been made, but most of the standards and requirements contained in the ordinance have stood the test of time and seem to work well for the Town of Tiburon's residents and property owners. In 2008, Town Staff (primarily Planning Manager Dan Watrous) and Lisa Wise Consulting began work on a comprehensive update of the Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code. The purpose of the update was not to make drastic changes to the basic zoning regulations set forth in the ordinance, but to refine, update, clarify, reorganize, and reformat the existing provisions into a better organized and more user-friendly document. No properties within Tiburon would be rezoned to another zoning district, and there would be no changes to the Zoning Map other than the section reference on its face. Due to the comprehensive nature of the document reorganization, and countless minor text changes, it was not feasible to prepare a useful "redlined" version of the draft ordinance for review and comparison purposes. Instead, in the proposed ordinance, Staff has used brackets [ at the end of paragraphs to record the section of the existing zoning ordinance the paragraph is drawn or most closely resembles, or to identify the source of the paragraph if the text is new. OVERVIEW OF AMENDMENTS Some of the more prominent amendments to the document are described below. This list is not intended to be a comprehensive list of the revisions. The section reference within the draft document follows each description in parentheses. 1. Modified format; Illustrations. The format of the ordinance has been completely modified, with new type face, illustrations and tables to make it easier to read and use. The code sections have been reorganized to make regulations easier to find. A more detailed table of contents is provided. Illustrations have been added and/or updated to EXHIBIT NO. TMVII C oUnci1 N lcctiJlg Jantlary 2010 more clearly reflect standards for building height, setbacks and other concepts. (Found throughout the draft) 2. Refinement and Rewording of Numerous Sections. Sections throughout have been revised to add clarity and precision, as well as cross- references to related sections. (Found throughout the draft) 3. Definitions. Additional definitions have been created for terms used in the Zoning Ordinance and some of the current definitions have been updated to eliminate archaic or outdated terminology. Definitions have been included for terms that had not been previously defined in the Zoning Ordinance and old and archaic terms that were no longer used in the ordinance have been eliminated. (Article X) 4. Historic Protection Overlay. The Town Council has designated approximately 23 buildings in the Downtown area as historic resources and authorized the Building Official to apply the State Historic Building Code to them. General Plan Downtown Element Policies DT-7, DT-17, DT-19, and DT-21 call for the retention of the principal features of these buildings wherever possible. To implement these policies, exterior alterations to the designated buildings would require a Minor Alteration (staff-level) design review application, which in minor cases could be processed over the counter. (Sections 16.23.020[D] and 16-23.060) 5. Child daycare facilities. Changes have been made to the child daycare facilities regulations to reflect current provisions in State law. Standards for location of facilities, parking, passenger loading, fencing and lighting would be established for large family day care uses as allowed by State law. (Section 16-40.050) 6. Emergency shelters. State law now requires municipalities to include zoning provisions for emergency shelters for the homeless and to permit said uses "by right" in at least one zone where such a facility would be reasonably possible. While geography and proximity to services make Tiburon an unlikely location for a homeless shelter, no one can ever envision all scenarios in which a shelter might be needed. The draft ordinance proposes that homeless shelters would be allowed only in commercial zones. Performance standards would be established in conformance with State law requiring on- site security, adequate light, parking and refuse storage for shelters. (Section 16-40.060) 7. Tidelands Permit. A Tidelands Permit procedure would take the place of a conditional use permit for construction of minor projects in the M (Marine) zone beyond the mean high tide line. Staff recommended this change to create a permit process that is more appropriate for minor projects that currently require approval of a conditional use permit. Town Staff would have the ability to approve minor and incidental construction projects in the M zone that would have no significant environmental impacts. Less minor projects, such as new piers or docks, and any projects expected to have a significant environmental impact, would be referred to the Planning Commission to obtain a conditional use permit, as is currently required. (Section 16-52.080) To~\V,\ orT1Rl'RO I'acyc ? of 5 Town Council MCCti110 _ MI LI -y 6, 2010 8. Bed and Breakfast (B & B) uses. The Town currently allows B & B uses in many of its residential zones with a conditional use permit, although staff is unaware of any such operations in Tiburon at this time. The focus of the zoning text amendments with respect to these uses is to establish specific standards for such uses to accompany the more generic findings used for making decisions on conditional use permits. These standards include parking, fire safety, resident-occupancy, outward appearance, and limitations of services provided. (Section 16-40.030) 9. Seasonal rentals of dwelling units. Seasonal rentals are dwelling units that are repeatedly rented out for a period of no longer than 31 days. Such uses are not currently regulated in the Zoning Ordinance, but are an increasing phenomenon in many communities that have similar characteristics to, and the tourist appeal of, the Town of Tiburon. Under the proposed regulations, a variation on the Home Occupation Permit would be used to process applications for seasonal rentals. Standards tailored to these uses would be applied during the review process, including standards for parking, fire safety, signs, outdoor space, and business license. Seasonal rentals would be allowed in any dwelling unit in a residential zone. (Section 16-40.040) 10. Setbacks for driveway gates. The Town has adopted an administrative policy that requires driveway gates to be set back 15 feet back from a roadway or shared driveway, curb, gutter or sidewalk. This safety precaution allows vehicles to pull out of the traveled roadway while waiting for a driveway gate to open. As this policy has been almost uniformly enforced throughout Town by Planning Division Staff and the Design Review Board, Staff recommends that this requirement be included in the Zoning Ordinance. (Section 16-30.030 [H]) 11. Roof changes. Minor Site Plan and Architectural Review applications for projects that would otherwise only be reviewed at the Staff level that would also increase the height of an existing roofline currently do not require story poles and only require notification of property owners within 100 feet. In the past, some property owners have complained that they were never notified about or properly understood roof changes more than 100 feet away that nonetheless affect their views. To address this concern, Staff recommends an amendment to the Zoning Ordinance to codify the current Town administrative policy that requires story poles to be installed and property owners within 300 feet to be notified for any projects that would increase the height of an existing roofline. (Section 16- 52.020 [L]) 12. Sports courts. The current Zoning Ordinance does not include specific information about Design Review requirements for sports courts and assorted accessory improvements. In response to numerous requests to install sports courts and complaints from neighbors about minor incidental recreational improvements, the Town adopted an administrative policy that requires Design Review approval for specified sports court improvements, including fencing over 42 inches in height, exterior lighting and non- portable basketball standards. Staff recommends that this policy now be codified in the updated Zoning Ordinance. (Section 16-30.060) J_MVn Council Mectin« t1 ~~lI1Ll~U"~ 6, 010 13. Storage and debris boxes. Parking of storage and debris boxes on Town streets often generates complaints from neighboring residents and can create traffic safety and street maintenance concerns. The current Zoning Ordinance does not include specific information about placement of storage and debris boxes on public and private property. Staff recommends that the adopted Town administrative policy for storage and debris boxes be adopted. These requirements would allow storage and debris boxes only when associated with a construction project, would require storage boxes to be placed on private property and off the street, and would require debris boxes to be similarly located unless Staff determines that there is no practical on-site location. (Section 16-30.090) 14. Story poles. The Town has a long-standing practice of requiring story poles during the Design Review process to illustrate the scope of construction projects. Adopted Town policies establish standards for story poles, including requirements to take down story poles after a decision is made on an application and to connect poles with tape or other material for projects appealed to the Town Council. To make these standards more enforceable, Staff recommends that these policies be codified in the new Zoning Ordinance. (Section 16-50.070) 15. Staff approvals. The current Zoning Ordinance requires a formal Site Plan and Architectural Review application process for construction of all exterior changes to existing buildings and most new structures. In order to provide better customer service and a streamlined "over the counter" process for minor property improvements, Planning Division Staff has administratively approved a number of very minor projects (e.g. windows, siding changes, deck additions, fences) that do not include additional floor area or skylights if the plans have been approved by potentially affected neighbors identified by Staff. This process has been very successful, saving applicants weeks of time for minor construction projects. Staff's has used appropriate discretion in determining which applications would qualify for this streamlined procedure, as approvals made in this manner have not resulted in complaints from affected persons. Staff recommends that this procedure be codified in the Zoning Ordinance to carry on this enhanced customer service. (Section 16-52.020 [G]) 16. Conversion of two-family and multi-family dwellings. Program H-13 of the Housing Element of the Tiburon General Plan calls for the modification of zoning standards that apply to two-family dwellings in "Old Tiburon" to limit conversion of existing two- family and multi-family dwellings into single-family dwellings or buildings with fewer units than currently exist. This requirement is intended to help preserve the housing stock in the Old Tiburon neighborhood. To implement this program, property owners in the R-2 zone (which makes up almost the entirety of Old Tiburon) would be required to obtain a conditional use permit to convert existing two-family or multi-family dwellings into single-family dwellings or buildings containing fewer dwelling units. (Section 16- 21.030 [D(1)]) Ri-c 4 of 5 TOW]] C OLUICil Mcctiil" _)anuary C, 1010 ENVIRONMENTAL STATUS An Initial Study/Draft Negative Declaration was prepared for this project and released for public comment on May 4, 2009 and is attached to this report as Exhibit 2. The public review period ended on June 8, 2009 and no comments were received regarding the negative declaration. The Draft Initial Study concluded that the updated Zoning Ordinance would result in no significant environmental impacts and no mitigation measures are required. The Town Council finds that no substantial evidence has been presented in support of a fair argument that a significant effect would result from the project. DESIGN REVIEW BOARD REVIEW The Design Review Board conducted a review and comment session on the draft Zoning Ordinance update on June 4, 2009 and its comments were forwarded to the Planning Commission. PLANNING COMMISSION REVIEW The Planning Commission held a total of eight public hearings on the revised draft Zoning Ordinance, on June 10, June 24, July 8, July 22, August 26, September 9, October 14, and November 11, 2009, and conducted a detailed, page-by-page review. Prior to each meeting, staff provided the Commission with a section-by-section analysis of how a proposed section varied (if at all) from an existing section, or whether the section was entirely new. RECOMMENDATION Staff recommends that the Town Council accept the introduction and overview and provide initial comments on the draft updated Zoning Ordinance, including direction as to the detail-level of review that the Council desires to employ with the draft ordinance. Depending on the level of detail desired, and the volume of questions and comments from the Town Council, one or more additional hearings may be required to complete the review and adopt the updated ordinance. At such time as the Town Council has reviewed the draft updated ordinance to its satisfaction, it should hold first reading of the attached ordinance (Exhibit 1). EXHIBITS 1. Draft Ordinance containing Planning Commission-recommended draft zoning ordinance 2. Initial Study/Draft Negative Declaration Prepared by: Scott Anderson, Director of Community Development S: IAdministrationlTown CounciMtaff Reports120101Ian 6 DRAFTSIzoning ordinance update report doc lob\V'\ or Ti Rl'11 1111-C 5 of 5 ORDINANCE NO. XXX N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE; ADOPTING A NEW TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE; AND MAKING RELATED CROSS- REFERENCE AMENDMENTS TO VARIOUS MUNICIPAL CODE CHAPTERS The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS. A. On November 11, 2009, the Planning Commission adopted Resolution No. 2009-09 recommending to the Town Council approval of comprehensive reformatting and text amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council has held a duly noticed public hearing on March 3, 2010, and has heard and considered public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that, based on an Initial Study and Draft Negative Declaration, prepared and circulated for public comment pursuant to the California Environmental Quality Act (CEQA) in 2009, the adoption of the revised Zoning Ordinance would not result in any significant adverse impacts on the environment, and that a Negative Declaration is appropriate for this project. The Town Council specifically finds that no substantial evidence has been presented in support of a fair argument that a significant effect would result from the project. The Town Council further finds that the related amendments to various other chapters of the Municipal Code to re-number sections based on changed section numbers in the revised Zoning Ordinance have no potential to result in an adverse impact on the environment and are therefore exempt from CEQA based on CEQA Guidelines Section 15061(b)(3). SECTION 2. REPEAL. Title IV, chapter 16 (Zoning) of the Tiburon Municipal Code is hereby repealed in its entirety. EXHIBIT NO. 9L Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 SECTION 3. ADOPTION. Title IV, chapter 16 (Zoning) of the Tiburon Municipal Code is hereby adopted, as set forth in the attached Exhibit "A". SECTION 4. ADOPTION OF CROSS-REFERENCING AMENDMENTS A. Title IV, chapter 13B (Historical Landmarks), section 13B-5 of the Tiburon Municipal Code is amended to read as follows: (a) Any person may appeal in writing within ten days any decision of the heritage and arts commission, director of community development, or other town official that would otherwise be final (i.e., is not simply a recommendation or referral). (b) The appeal shall be filed with the town clerk on the prescribed town appeal form and shall be accompanied by the required filing fee. The appeal shall be heard pursuant to title IV, chapter 16, section 16-66.030, or successor sections thereto, of this code, and in accordance with the current appeal procedures adopted by resolution of the town council, except that the town council shall hear the appeal and render a decision on the appeal within sixty days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant. B. Title V, chapter 19 (Encroachments), section 19-4(c) of the Tiburon Municipal Code is amended to read as follows: (c) The decision of the town engineer may be appealed to the town council pursuant to title IV, chapter 16, section 16-66.030, or successor sections thereto, of this code, and in accordance with the current appeal procedures adopted by resolution of the town council. C. Title V, chapter 19 (Encroachments), section 19-5(a) of the Tiburon Municipal Code is amended to read as follows: (a) The town engineer may revoke any encroachment permit for reasonable cause, including but not limited to the failure to abide by conditions of approval. The decision of the town engineer to revoke a permit may be appealed to the town council pursuant to Title IV, chapter 16, section 16- 66.030, or successor sections thereto, of this code, and in accordance with the current appeal procedures adopted by resolution of the town council. Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 2 D. Title V, chapter 19 (Use of Public Right of Way), section 19A-26 of the Tiburon Municipal Code is amended to read as follows: (a) Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment, or similar action taken by any administrative personnel under the provisions of this chapter may appeal the action to the town council. (b) Appeals of administrative citations shall be filed and processed pursuant to title VI, chapter 31, article VI, of this code. (c) All other appeals shall be addressed to the town clerk in writing, and shall follow the procedures set forth in title IV, chapter 16, section 16-66.030 or successor sections thereto of this code, and the current appeal procedures adopted by resolution of the town council; except that: 1) any appeal shall be filed in the office of the town clerk not later than five p.m. of the fifth working day following the date of the action from which an appeal is taken; and 2) the town council shall hold a hearing within sixty days from receipt of the appeal and give the applicant notice thereof by registered or certified mail addressed to the applicant at the address shown on the application. E. Title VI, chapter 20 (Animals), section 20-1.002 of the Tiburon Municipal Code, specifically the definition of "Commercial district", is amended to read as follows: "Commercial district" means any property zoned for commercial and/or office uses as set forth on the Town of Tiburon zoning map pursuant to title IV, chapter 16, of the Tiburon Municipal Code. F. Title VI, chapter 20 (Animals), section 20-1.003 of the Tiburon Municipal Code is amended to read as follows: Unless legally established prior to December 3, 2003, the keeping of poultry, livestock, or bees is deemed "agriculture" as defined in title IV, chapter 16, of the Tiburon Municipal Code and shall require a conditional use permit pursuant to title IV, chapter 16 of the Tiburon Municipal Code. G. Title VI, chapter 20 (Animals), section 20-1.004 of the Tiburon Municipal Code is amended to read as follows: The keeping of any large animal on a lot or premises shall require a conditional use permit pursuant to title IV, chapter 16, of the Tiburon Municipal Code. Refer to article V of this chapter for specific regulations regarding horses. Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 3 H. Title VI, chapter 20 (Animals), section 20-2.225 of the Tiburon Municipal Code is amended to read as follows: It is unlawful for any person to keep, possess, place, store, maintain, control, house, maintain custody of or board, or for any person to permit another, or to assist another in keeping, possessing, placing, storing, maintaining, controlling, housing, keeping custody of or boarding any kind or breed of any live cat (Family Felidae) except house cats (Felis Domesticus) in any area zoned as residential on the Town of Tiburon Zoning Map pursuant to title IV, chapter 16 of the Tiburon Municipal Code. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Town Council declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, sentences, clauses or phrases be declared invalid. SECTION 6. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 20101 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 4 RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:lPlanninglRegulationslZoning Ordinance lZoning Comprehensive Update 2010 ordinance.doc Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting March 3, 2010 Agenda Item: P14-3 Recommendation to Amend Chapter 19 of the Tiburon Municipal Code, Regulating Encroachments on Town Property; And to Adopt an Encroachment Policy Chapter 19 of the Town's Municipal Code regulates most encroachments onto Town property, the exception being facilities relating to telecommunications or utilities, which are regulated by Chapter 19A. Under Chapter 19, any work on Town property requires an encroachment permit. This requirement applies to any property in which the Town holds an interest, including fee title ownership, easement or leasehold. The Town Council must approve a permit that allows (a) the construction of a substantial encroachment, or (b) an encroachment could have a substantial adverse effect on vehicular or pedestrian circulation, or on public health and safety. The Town Engineer may act on all other encroachment permit applications. The current Chapter 19 does not contain explicit criteria for issuing encroachment permits, nor does it limit such permits' duration. Although staff has developed administrative policies governing work in the public right of way, we have found that some of the permitted work has had the practical effect of privatizing public land. To address these issues, staff recommends that the Council amend Chapter 19 and adopt a policy governing encroachment permit applications. DESCRIPTION AND ANALYSIS OF PROPOSED AMENDMENTS AND POLICY The proposed ordinance, attached as Exhibit 1, would distinguish between long-term and short term encroachments, the latter limited to eighteen months' duration. In addition, the ordinance would clarify that the Town has broad discretion to revoke an encroachment permit, which would obligate the permittee to remove the encroaching improvement. For any long-term encroachment, the permittee would have to record a Memorandum of Encroachment, describing the encroachment and its conditions of approval. Lastly, the ordinance would clarify that the Town may have rules and policies that will govern encroachment permit applications. Staff has prepared a proposed encroachment permit policy, attached as Exhibit 2 to this report. If the Council passes first reading of the proposed ordinance, we will bring the policy back for adoption at the next meeting. The policy sets forth the allowable purposes of encroachments and restricts their duration to 28 months absent circumstances warranting a longer term. The most common type of permitted short term encroachments would be to accommodate applicants that TOWN OF TIBURON PAGE 1 OF 2 la'l-,11. 3,. require temporary use of public land for construction access or storage, permitted special events or maintenance, or to allow community groups to perform authorized work. The Town would permit long-term encroachments only in limited circumstances, as set forth below: 1. To allow applicants to install, build or replace sidewalks, curbs and gutters and curb cuts. 2. To allow applicants to install, maintain, or replace landscaping, within the parameters of this policy. 3. To allow applicants to maintain, repair or replace previously lawfully-installed encroachments. 4. To accommodate required parking where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; or (b) the public safety or welfare is better served by allowing such parking to encroach. 5. To allow applicants the opportunity to secure approval for existing encroachments that the applicant cannot prove were lawfully installed and that are consistent with this policy and Title V, Chapter 19 of the Tiburon Municipal Code. 6. To allow applicants to drain their properties of storm water in a controlled fashion acceptable to the Town Engineer. The policy would also prohibit encroachments that privatize public land or are not appropriate to serve a permitted purpose and sets forth the required contents of a Memorandum of Encroachment. Lastly, the policy would authorize the Town Engineer to waive permit fees, in whole or part, where the work is for public benefit. This reflects current practice. ENVIRONMENTAL STATUS This project is exempt from the requirements of CEQA under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines. FINANCIAL IMPACT None STAFF RECOMMENDATION Following a public hearing, staff recommends that the Town Council should: 1. Hold a public hearing and consider any correspondence and testimony. 2. By motion, read the ordinance by title only; and 3. Pass first reading of the ordinance by roll call vote, waiving any additional readings. Exhibits: 1. Draft Ordinance Amending Chapter 19 2. Draft Resolution Implementing Chapter 19 Prepared By: Ann R. Danforth, Town Attorney ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE V. CHAPTER 19 OF THE TIBURON MUNICIPAL CODE, REGARDING ENCROACHMENTS INTO TOWN PROPERTY AND RIGHTS OF WAY The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS A. The Town Council has determined that the existing Title V, Chapter 19 of the Tiburon Municipal Code entitled "Encroachments" should be revised to clarify the extent to which the Town will allow encroachments onto Town-owned property and rights of way; and B. The Town Council has held a duly noticed public hearing on March 3, 2010 and has considered any and all public testimony received on this matter. C. All notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council has found that the project is exempt from the requirements of CEQA per Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. AMENDMENT OF TITLE V, CHAPTER 19 A. Title V, chapter 19, section 19-1 of the Tiburon Municipal Code is amended to read as follows. 19-1 Definitions. For the purposes of interpreting, implementing and enforcing this chapter, the following terms are defined: "Encroachment permit" means a permit issued by the town to approve work within, upon, or beneath town streets, street right-of-ways, or on town-owned land. Page 1 of 4 Town of Tiburon Ordinance No. N. S. Effective , 2010 FYH it IT / "Memorandum of encroachment" shall mean a document in form approved by the Town Attorney, to be recorded in the Office of the Recorder of Marin County and which describes a permitted encroachment and its conditions of approval. "Long term encroachment" shall mean an encroachment whose duration is intended to exceed eighteen months. "Street" is a way or place of whatever nature that is publicly maintained and open to the use of the public for vehicular or pedestrian travel, or both. "Street right of ways" shall mean a fee, easement or other interest in land that permits the owner to use the subject property for vehicular or pedestrian travel or both. "Town council" means the town council of the Town of Tiburon. "Town engineer" means the town engineer of the Town of Tiburon or his designee. "Town-owned land" means real property in which the town holds an interest, including, without limitation, fee title ownership, easement or leasehold. "Town streets" shall mean any Town-maintained street within the Town's boundaries. "Town street right-of way" shall mean a street right of way that is owned or maintained by the Town, or both. "Temporary encroachment" shall mean an encroachment whose duration is limited to eighteen months, after which it shall be removed from Town property. "Work" means, without limitation, the erection of any structure; placement of any improvement; filling; excavation; installation or removal of utility lines or pipes; installation or removal of telecommunications facilities (as defined in title III, chapter 9, section 9-2 of this Code); installation or construction of curb cuts, curbs or gutters; installation or construction of sidewalks or driveways; installation of roadway approaches; or removal or planting of trees or shrubs. "Work" shall also include installation or construction of sidewalks or driveways; installation of roadway approaches; removal or planting of trees or shrubs, or any activity that interferes with or obstructs the free flow of traffic, pedestrians or normal parking activities on public streets. "Work" shall also include, without limitation, the business or trade of selling, vending, hawking or peddling any merchandises, article or item whatever. B. Title V, chapter 19, section 19-4 of the Tiburon Municipal Code is Page 2 of 4 Town of Tiburon Ordinance No. N. S. Effective , 2010 amended to read as follows. 19-4 Action on application--Appeal. (a) Town action on an application for an encroachment permit shall be subject to any policies and procedures adopted by the town to implement this chapter. (b) The town council shall review and act upon the following encroachment permit applications: (1) Encroachment permit applications entailing the construction of buildings, car decks, carports, garages or other long term encroachments of a substantial nature; (2) Encroachment permit applications that would have a substantial adverse effect on vehicular or pedestrian circulation, or on public health and safety. (c) The town council may approve, approve with conditions or disapprove the application. If approved, such applications shall require a recorded memorandum of encroachment. In no event shall construction of enclosed living space be allowed to encroach within a Town street, easement or right-of-way. (d) The town engineer may act upon all applications not subject to Town Council review under subsection (b). The town engineer, may approve, approve with conditions or disapprove the application, Conditions of approval may include, without limitation, recordation of a notice of encroachment. The town engineer shall also have discretion to refer any application to the town council for action. (e) The decision of the town engineer may be appealed to the town council pursuant to provisions of title IV, chapter 16, section 16-66 of the Tiburon Municipal Code. (f) In no event shall construction of enclosed living space be allowed to encroach within a Town street, easement or right-of-way. C. Title V. chapter 19, section 19-5 of the Tiburon Municipal Code is amended to read as follows. 19-5 Revocation of permit--relocation or removal of encroachment. (a) The town engineer may revoke any encroachment permit. The decision of the town engineer to revoke a permit may be appealed to the town council pursuant to provisions of Title IV, Chapter 16, Section 16-66 of the Tiburon Municipal Code. (b) Each encroachment permit shall contain a statement that it is revocable by the town. (c) An encroachment permit shall contain, without limitations, the following condition: Upon the expiration of an encroachment permit, either under its own terms or due to revocation by the Town, the permittee will promptly and diligently relocate or remove the encroachment at his sole expense. The permittee must complete the removal or relocation within 60 days of Page 3 of 4 Town of Tiburon Ordinance No. N. S. Effective , 2010 expiration of the encroachment permittee unless the town engineer authorizes a longer period. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon held on , 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon held on , 20105 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 4 of 4 Town of Tiburon Ordinance No. N. S. Effective , 2010 RESOLUTION NO. XX-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A POLICY REGARDING THE ISSUANCE OF ENCROACHMENT PERMITS PURSUANT TO TITLE V, CHAPTER 19 OF THE TIBURON MUNICIPAL CODE WHEREAS, the Town's regulations regarding encroachment permits for work proposed in Town streets, street right-of-ways and other Town interests in real property (including easements) are set forth in Title V, Chapter 19 of the Tiburon Municipal Code; and WHEREAS, said Chapter 19 establishes definitions and procedures for the review, issuance, conditioning and revocation of encroachment permits but does not set forth policy direction for the benefit of Town decision-makers as to the appropriateness of various requests for encroachment into said areas; and WHEREAS, the Town Council finds that the Town has not, in the past, adequately restricted the granting of such encroachments, and that as a result, Town property has on occasion been converted to private use and Town-owned access has been unduly limited or eliminated, all for private benefit and/or exclusive use of one or a limited number of individuals rather than for the general public; and WHEREAS, although Town encroachment permits are conditioned to require the permit holder to remove encroachments at the Town's reasonable request, the substantial and costly nature of some improvements, among other factors, inhibits actual removal and compliance with Town direction to that effect; and WHEREAS, the Town Council intends to continue granting encroachment permits to the extent necessary and appropriate to promote the public safety and welfare and, on a short term basis, accommodate short term work that cannot feasibly be accomplished without a temporary encroachment; and WHEREAS, the Town Council has determined that it is timely and appropriate to adopt policy direction to further guard Town property interests against incursion by private property owners and to clarify the Town's discretion to require the removal of encroachments; and WHEREAS, the Town Council has held a public meeting on this matter on , 2010 and has heard and considered any public testimony and correspondence; and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the following general policy with respect to encroachment permits issued pursuant to Title V, Chapter 19 of the Tiburon Municipal Code. Tiburon Town Council Resolution No. XX-2010 --1--12010 6~ , A. Definitions For the purposes of this Resolution, the meaning of words and phrases, including without limitation, Town streets, street right-of-ways, Town-owned land and other Town interests in real property (including easements), shall be as set forth or used in Title V, Chapter 19, of the Tiburon Municipal Code. B. General Provisions The Town shall have discretion to revoke any encroachment permit at any time. No encroachment permit shall grant any private property owner a permanent right to perform work in or use the area subject to the encroachment permit. The Town may, in its discretion, grant an encroachment permit allowing access from private property to the public right-of-way, provided that the Town shall condition any such encroachment permit as it deems appropriate to manage or enhance the public right-of-way. The Town is not responsible for the cost of altering, modifying, or removing any such encroachment if it deems such alteration, modification, or removal is warranted. C. Allowable Purposes For the following purposes, and only if the Town finds that the encroachment will serve public safety or welfare, the Town may issue encroachment permits for work within, upon, or beneath Town streets, street right-of-ways, and other Town interests in real property (including easements). Said permits shall contain conditions that shall include, without limitation, revocation at the Town's discretion. 1. To allow access to private property for entry/egress purposes. 2. To allow applicants to install, build or replace sidewalks, curbs and gutters and curb cuts. 3. To allow applicants to install, maintain, or replace landscaping, within the parameters of this policy. 4. To allow applicants to maintain, repair or replace previously lawfully-installed encroachments. 5. To accommodate required parking where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; or (b) the public safety or welfare is better served by allowing such parking to encroach. 6. To allow applicants the opportunity to secure approval for existing encroachments that the applicant cannot prove were lawfully installed and that are consistent with this policy and Title V, Chapter 19 of the Tiburon Municipal Code. 7. To allow applicants to drain their properties of storm water in a controlled fashion acceptable to the Town Engineer. 8. To allow utility companies to perform necessary work. 9. To allow Town contractors and/or service providers to perform authorized work. Tiburon Town Council Resolution No. XX-2010 --1--12010 2 10. To allow community groups to perform authorized work, either using volunteers or contractors. 11. To allow applicants to position a debris box or portable moving box for temporary construction, storage or moving purposes, where such placement will not unreasonably impede traffic circulation and pedestrian safety or otherwise be detrimental to public safety or welfare. 12. To allow a limited and controlled amount of equipment and material associated with permitted building construction activity. 13. To allow permitted special events with civic purpose and benefit. 14. To allow applicants temporary relief from unusually severe topographic or other physical circumstances that create practical hardships to the creation of proper access to or improvement of private property in the absence of the encroachment. 15. To allow control of invasive or fire-prone plants, for fire prevention or other purposes of . public benefit. D. Impermissible Purposes Encroachment permits for work within, upon, or beneath Town streets, street right-of-ways, and other Town interests in real property (including easements) should not be issued in the following instances: 1. Encroachments for the purpose of, or having the practical effect of, privatizing the affected area for the exclusive use or benefit of one or a limited number of individual owners in lieu of the general public. 2. Encroachments that would block, impede, or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in the foreseeable future. 3. Encroachments that in the judgment of the Town Engineer are not necessary or appropriate to serve one of the allowable purposes listed in Section C above. E. Duration. Encroachment permits shall contain conditions of approval to restrict the duration of the encroachment to a reasonable time necessary to accomplish the purpose thereof. 1. Except where the Town grants the permit pursuant to Sections C.1, C.2, C.3, C.4, C.5, C.6 or C.7, above, or as provided in E.2, the Town will allow only temporary encroachments. 2. Notwithstanding Section E.1, the Town shall have discretion to issue a permit for a long- term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement will have a long-term public benefit commensurate with the private benefit to the permit holder. 3. The conditions of approval for any permit for a long-term encroachment shall include, without limitation, the following conditions of approval: Tiburon Town Council Resolution No. XX-2010 4--12010 a. By acceptance of the permit and construction of the improvement or performance of the work, the permittee agrees to indemnify, defend and hold the Town harmless from any claims, losses, litigation or other liabilities that may arise from the permittee's performance of the work or construction and maintenance of said improvement. b. The permittee shall execute a Memorandum of Encroachment, record it in the County of Marin's Recorder's Office and provide the Town Engineer with a conformed copy of the recorded Memorandum. If the subject project requires a building permit, the permittee must record the executed Memorandum of Encroachment before the Town issues said building permit. For all other projects, permittee must record the executed Memorandum of Encroachment before the permittee enters onto the Town's property to perform work pursuant to the encroachment permit. c. The Memorandum of Encroachment shall describe the improvement that is subject to the encroachment permit and shall contain the following advisory notice: The encroachment permit does not grant the owner of the encroaching improvement any permanent rights. The Town has discretion to revoke the encroachment permit at any time. In the event that the Town revokes the encroachment permit, the owner of the encroaching improvement must promptly remove the encroachment. The Town is not responsible for the cost of altering, modifying, or removing any such encroachment. E. Fee Waivers The Town Council hereby authorizes the Town Engineer to waive application and/or processing fees, in whole or in part, for certain encroachment permits in the circumstances listed below. 1. Where the applicant is a non-profit corporation or one or more citizens seeking permission to perform work for the benefit of the public, the Town Engineer may waive fees to an extent commensurate with the public benefit. 2. Where the applicant is a contractor performing work for the Town, the Town Engineer may waive the fee in its entirety. 3. When permits are deemed, at the discretion of the Town Engineer, in support of the public benefit. Tiburon Town Council Resolution No. XX-2010 --1--12010 4 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 20101 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: linter DeptlTown Policies Encroachment Permit Policy draft 1-29-2010.doc Tiburon Town Council Resolution No. XX-2010 --1--12010 5 To: From: Subject: Reviewed by: SUMMARY TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor & Members of the Town Council Community Development Department Town Council Meeting March 3, 2010 Agenda Item: - y Repeal of Title IV, Chapter 13E (Water Conservation) of the Tiburon Municipal Code, and Adoption of a new Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code; (Ordinance, First Reading) The Town adopted a Water Conservation chapter of its Municipal Code in 1990, focusing primarily on landscape requirements. Recent changes in State law have now rendered those regulations obsolete and new and stronger provisions are mandated. The proposal before the Town Council would repeal the current Town regulations with respect to Water Conservation and adopt by reference Marin Municipal Water District (MMWD) water conservation regulations. BACKGROUND State legislation recently went into effect that mandates all counties and municipalities in the state to adopt water efficient landscape regulations or, by default, implement the regulations set forth in a State-adopted Model Ordinance. Agencies may only adopt regulations that are equivalent to or more restrictive than the State's Model Ordinance. Aware of the impending rules change, the municipalities of Marin County began working with MMWD over a year ago to develop an ordinance tailored to Marin County that would be adopted by MMWD and subsequently adopted "by reference" by each of the municipalities in the MMWD service area (all cities except Novato). MMWD adopted its new ordinance in December of 2009 and the affected municipalities are now proceeding to adopt it as well. This unified approach provides one consistent set of water efficient landscape regulations for all of southern and central Marin County, as opposed to a balkanized system where each jurisdiction has its own unique regulations. ANALYSIS The MMWD ordinance contains provisions that include the following: (1) The application and monitoring of a `maximum applied water allowance' that is established for specified applicable projects for purposes of landscape irrigation. (2) The review of required landscape and irrigation plans, specifications and supportive documents prepared for applicable projects for compliance with water- efficient landscape restrictions, including limitations on the type and amount of landscape materials and plant species. (3) The review, inspection and approval of landscape and irrigation that is installed for applicable projects to ensure compliance with the approved landscape and irrigation plans and specifications. (4) The post-installation monitoring of water usage for irrigation by applicable projects. Projects to which the new regulations would apply are as follows: (1) New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check or design review; and (2) New construction and rehabilitated landscapes that are developer-installed in single family, two-family and multi-family residential projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check or design review; and (3) New construction landscapes that are homeowner-provided and/or homeowner- hired in single family, two-family, and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building permit, plan check or design review The Town's ordinance would designate MMWD, the local water provider, to implement, enforce, and monitor the requirements of the ordinance, as is permitted under state law. This is the same approach used by the other municipalities. For applicable projects, applicants to the Town will be required to submit landscape plans directly to MMWD for review before filing with the Town. MMWD will not review private project landscape plans forwarded from the Town; applicants must file such plans directly with MMWD and in all likelihood pay a plan review fee. The Town will not deem an applicable project "complete" before such time as it receives MMWD's comments on the plans. The draft ordinance is attached as Exhibit 1, and the Town's current Water Conservation regulations are attached as Exhibit 2. MMWD Ordinance No. 414 is attached as Exhibit 3. ENVIRONMENTAL STATUS This project is categorically under section 15308 of the CEQA Guidelines and is also exempt under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines. STAFF RECOMMENDATION Staff recommends that the Town Council hold first reading of the Ordinance. Because the Town is adopting another agency's regulations by reference, the procedure for adoption is slightly different than is typical for adoption of local ordinances. The specified procedure is as follows: 1. Hold a public hearing and consider any correspondence and testimony. 2. Perform first reading of the Ordinance. The procedure is to move to read by title only and carry the motion; then read the title and hold a roll call vote to pass first reading. 3. Continue the item for a public hearing and consideration of adoption at the March 17, 2010 Town Council meeting. EXHIBITS 1. Draft Ordinance. 2. Current Chapter 13E (Water Conservation) of the Tiburon Municipal Code. 3. MMWD Ordinance No. 414. Prepared by: Scott Anderson, Director of Community Development 7. S: Wininistrationl Town CouncillStaffReports120101waterconservation report.doc - 13 i i. s i)€ ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING TITLE IV, CHAPTER 13E (WATER CONSERVATION) OF THE MUNICIPAL CODE AND ADOPTING A NEW TITLE IV, CHAPTER 13E (WATER EFFICIENT LANDSCAPE) AND ADOPTING BY REFERENCE MARIN MUNICIPAL WATER DISTRICT (MMWD) ORDINANCE NO. 414 REGARDING WATER CONSERVATION The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. FindinLys. A. The Town Council has held public hearings on and , 2010 and has heard and considered any public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the repeal and adoption actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare, and are necessary to comply with recently-enacted state law. D. The Town Council has found that the repeal and adoption actions made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. E. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act per Section 15308 of the CEQA Guidelines because these regulations constitute an action by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Town Council further finds that this project qualifies for an exemption under the General Rule section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 2. Title IV, Chapter 13E of the Tiburon Municipal Code Repealed. Title IV, Chapter 13E (Water Conservation) of the Tiburon Municipal Code is hereby repealed. Town of Tiburon Ordinance No. N. S. Effective -1-12010 1 EXHIBIT NO. Section 3. Title IV, Chapter 13E of the Tiburon Municipal Code Adopted. A new Title IV, Chapter 13E of the Tiburon Municipal Code pertaining to Water Efficient Landscape is hereby adopted as follows: CHAPTER 13E WATER EFFICIENT LANDSCAPE 13E-1. Purpose and Authority. Effective January 1, 2010, certain new construction and rehabilitation projects that include landscape and irrigation improvements are required to comply with water- efficient landscape requirements and monitoring of water usage for irrigation, as mandated under State Government Code Section 65595(c). The purpose of this ordinance is to comply with this state mandate regarding water-efficient landscaping. For the purpose of administering this State mandate, the Town of Tiburon will herein adopt, by reference, Marin Municipal Water District (MMWD) Ordinance No. 414 (Water Conservation) and designate MMWD, the local water provider, to implement, enforce, and monitor the requirements of this ordinance. The MMWD ordinance contains provisions that include but are not limited to, the following: (1) The application and monitoring of a `maximum applied water allowance,' that is established for applicable projects. (2) The review of required landscape and irrigation plans, specifications and supportive documents prepared for applicable projects for compliance with water- efficient landscape restrictions, including limitations on the type and amount of landscape materials and plant species. (3) The review, inspection and approval of landscape and irrigation that is installed for applicable projects to ensure compliance with the approved landscape and irrigation plans and specifications. (4) The post-installation monitoring of water usage for irrigation by applicable projects. 13E-2. Adoption by Reference of Marin Municipal Water District Ordinance No. 414. (A) Pursuant to Government Code Section 50022.2, the Marin Municipal Water District Ordinance No. 414, including all current amendments thereto, is hereby adopted by reference and shall be in full force and effect within the Town of Tiburon. Said Ordinance No. 414 shall be applicable to projects that are subject to the water efficient Town of Tiburon Ordinance No. XXX N. S. Effective 4-12010 2 landscape requirements set forth therein, which projects include, without limitation: (1) New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscaping permit, plan check or design review; and (2) New construction and rehabilitated landscapes that are developer-installed in single family, two-family and multi-family residential projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review; and (3) New construction landscapes that are homeowner-provided and/or homeowner-hired in single family, two-family, and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscaping permit, plan check or design review. (B) For the purpose of administering this ordinance, the Town of Tiburon hereby designates MMWD, the local water provider, to implement, enforce, and monitor the requirements of this ordinance. (C) Town review of applicable projects shall be processed as follows: (1) Projects requiring approval of a Site Plan and Architectural Review (a.k.a. Design Review) permit. When an applicable project is subject to Site Plan & Architectural Review approval pursuant to Title IV, Chapter 16 of the Tiburon Municipal Code, the landscape and irrigation plans required by and submitted with this permit application shall be designed and prepared to comply with the provisions and requirements of MMWD Ordinance No. 414. The process for application review of applicable projects and compliance with MMWD Ordinance 414 shall be as follows: (a) The application and plans submitted to the Town shall be accompanied by evidence from MMWD that the plans and all supportive information and worksheets have been received for review by MMWD; (b) The applicant shall forward a copy of MMWD's comments, recommendations, and determinations regarding the submitted drawings; applications shall not be considered "complete" by the Town before such comments from MMWD have been received by the Town; (c) All MMWD comments and recommendations on plans and supportive materials submitted to the Town shall be incorporated into the Town's review and action on the Site Plan and Architectural Review permit either as a condition of permit approval or through plan revisions completed prior to permit action. Town of Tiburon Ordinance No. XXX N. S. Effective 4-12010 3 (d) Prior to issuance of a building permit and/or grading permit to proceed with construction and landscape installation, the applicant shall provide written verification of final plan approval from MMWD. (2) Projects requiring a Building Permit and/or Grading Permit only. When an applicable project is not subject to a Site Plan and Architectural Review permit but is required to secure a Building Permit and/or Grading Permit pursuant to Title IV, Chapter 13 of the Tiburon Municipal Code, such permit(s) shall not be issued until the applicant has secured, in writing, MMWD approval of the landscape and irrigation plans confirming compliance with MMWD Ordinance No. 414. (D) Inspections and Post-Installation Monitoring and Enforcement. MMWD shall be responsible for: (1) Inspecting and approving all landscape and irrigation installed for applicable projects prior to project permit final and/or occupancy; and (2) Monitoring water usage for installed landscapes to ensure compliance with MMWD Ordinance No. 414. All enforcement actions for ordinance non-compliance or violations shall be administered by MMWD. 13E-3. Designation of Marin Municipal Water District for Enforcement. The Marin Municipal Water District, as the Town's local water provider, is hereby designated as the implementing and enforcement agency for provisions of Ordinance No. 414. 13E-4. Availability of Copies. Three (3) copies of Marin Municipal Water District Ordinance No. 414, having been adopted herein by reference, shall be kept on file for public review in the office of the Tiburon Town Clerk. 13E-5. Penalties and Enforcement. (A) Any violation of the provisions of this chapter is hereby declared a public nuisance and shall be subject to summary abatement as provided by law. (B) Any person violating provisions of this chapter shall be deemed guilty of an infraction and shall be subject to penalties pursuant to Section 36900 of the California Government Code, as amended, and Title VI, Chapter 31 of the Tiburon Municipal Code. (C) Each and every day that any violation of this chapter continues, is committed or is permitted to continue shall be regarded as a new and separate offense. Town of Tiburon Ordinance No. XXX N. S. Effective 4-12010 4 (D) The remedies provided in this section shall be cumulative and not exclusive. Section 4. Severability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. Section 5. Effective Date. This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2010, which was noticed pursuant to Government Code Sections 6066 and 50022.3, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:\Administration\Town Council\Staff Reports\2010\water Conservation Ordinance.doc Town of Tiburon Ordinance No. XXX N. S. Effective -1-12010 5 13E-1 Chapter 13E WATER CONSERVATION Sections: 13E-1 Landscape requirements. 13E-2 Interior plumbing fixture requirements. 13E-3 Pressure regulation requirements. 13E-4 Separability. 13E-1 Landscape requirements. (a) Single-family residences. (1) Turf areas for new single-family residences shall be limited to not more than twenty-five percent of the total landscaped area (planted area and hardscape within planted area). In addition, when: (1) there is an increase in size by one thousand square feet or more to an existing landscape, or (2) existing landscaped areas are modified by changing plantings in one thousand square feet or more, turf area for the new or modified area shall be limited to not more than twenty-five percent. (2) Any landscape plan presented to the Town of Tiburon in conjunction with a new single-family residence shall use low water plantings (i.e., plants referenced in Exhibit "A" attached to the ordinance codified in this chapter). (3) Any landscape plan presented to the Town of Tiburon in conjunction with a new single-family residence shall be certified by a licensed landscape architect as complying with subsections (a)(1) and (a)(2) of this section. (b) Development other than single-family resi- dences. Turf areas for any new development other than single-family residences shall be limited to not more than twenty-five percent of the total land- scaped area if irrigated with potable water and be limited to not more than forty percent of the total landscaped area when irrigated with reclaimed wa- ter. In addition, when: (1) there is an increase in size by one thousand square feet or more to an existing landscape, or (2) existing landscaped areas are modified by changing plantings in one thousand square feet or more, turf area for the new or modi- fied area shall be limited to not more than twenty- five percent. Landscaping to any new or modified areas shall meet and continue to meet the following additional requirements, except that the Town of Tiburon shall consider well-designed alternatives or innovations which will equally reduce water consumption: (1) Use of high water use plants. High water use plantings (i.e., annual plantings, container plantings, plants other than referenced in Exhibit A attached to the ordinance codified in this chapter) and water features (e.g., pools, fountains) shall be limited to not more than ten percent of the total landscaped area. (2) Planting prohibitions. Turf and other high- water-use plantings shall be prohibited in median strips, parking islands, and areas that cannot be irrigated efficiently (e.g., narrow strips, severe slopes, beds with sharply curved perimeters). (3) Use of low water use plants. All other plant- ings shall be composed of low-water-use plant mate- rials such as those set forth in the Marin municipal water district low-water-use plant list (Exhibit A attached). (4) Irrigation specifications. (a) Electric controller with repeat start time and multiple program potential, set for night or early morning irrigation; (b) Automatic rain shutoff unit for each control- ler; (c) Precipitation rate sprinklerheads where slopes exceed ten percent; (d) Efficient sprinklerhead layout and system design for minimum runoff and over-spray; (e) Check valves where elevation differential between heads may cause low-head drainage; (f) Matched precipitation rates within each valve circuit; (g) Separate valves for turf areas, plantings with similar water needs, exposure variations, and slope variants; and (h) Drip irrigation, where appropriate. 112 EXHIBIT NO.jJ 13E-1 (5) Site preparation. Site preparation shall be suitable to encourage healthy growing conditions for low-water-use plant materials, including: (A) Scarifying of existing soil to a minimum depth of six inches; (B) Amendment of existing soil with organic matter at a minimum rate of five cubic yards per one thousand square feet or as otherwise recom- mended by soil analysis; and (C) Mulching of non-turf areas with organic material at a minimum depth of two inches. (6) Plan review and inspection. All owners of any new or modified developments other than sin- gle-family residences containing landscaping shall obtain a certificate from MMWD reflecting that MMWD approved the final landscape elements (planting and irrigation), for compliance with all landscape water conservation requirements of this section. (Ord. No. 359 N.S., § 1) 13E-2 Interior plumbing fixture requirements. In all new construction or in any existing struc- ture undergoing expansion or alteration subject to the building permit process, any plumbing fixture which is replaced, added or moved must conform with the following criteria: (a) Toilets shall use not more than 1.6 gallons per flush; (b) Showerheads shall use not more than 2.75 gallons per minute; (c) Lavatory faucets shall use not more than two gallons of water per minute; and (d) Hot water pipes shall be thermally insulated. (Ord. No. 359 N.S., § 2) 13E-3 Pressure regulation requirements. All owners of structures presently served by Marin municipal water district which undergo ex- pansion or alteration subject to the building permit process must secure from the district a certificate specifying the static pressure of the connection whenever plumbing fixtures, plumbing systems or irrigation systems are involved. Where static service pressure exceeds eighty pounds per square inch, a pressure-regulating valve shall be installed and maintained in the consumer's piping between the meter and the first point of water use, and set at not more than fifty pounds per square inch when mea- sured at the highest fixture in the structure served. (Ord. No. 359 N.S., § 3) 13E-4 Separability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The town council of the Town of Tiburon declares that it would have passed this chapter, any section, subsection, clause, sentence or phrase there- of, irrespective of the fact that any one or more other sections, subsections, sentences, phrases, or clauses may be declared invalid or unconstitutional. (Ord. No. 359 N.S., § 4) 113 r E~Y~_%~J 0 A -~-b c0cR, 35R 6 k,,Je,,,r F_ MARIN MUNICIPAL WATER DISTRICT LOW WATER USE PLANTS t_ The following list of plants are documented* as low-water- use in central and southern Marin County. The District will accept plants other than those on this list if satisfactory documentation of low water requirement is presented. This list is not intended to be used as a recommendation list but as a reference for water use only. TREES Please 15 more Acacia spp. - Acacia are not A. baileyana - Bailey Acacia A. cyanophylla - Blue Leaf Wattle A. cyclopis - A. decora - Graceful Wattle A. decurrens - Green Wattle A. decurrens dealbata - Silver Wattle A. farnensia - Sweet Acacia A. greggi - Catclaw Acacia A. longifolia - Sidney Golden Wattle A. melanoxylon - Blackwood Acacia A. pendula - Weeping Myall A. podalyriifolia - Pearl Acacia A. pycnantha - Golden Wattle A. saligna - Willow Acacia Acer circinatum - Vine Maple (shade only) note that there are pages of plants that included herein. A.palmatum - Japanese Maple (shade only) (no cultivars) Adenostoma sparsifolium - _Red Shanks Aesculus californica - California Buckeye Agonis flexuosa•- Peppermint Tree Ailanthus altissima - Tree-of-Heaven .Albizia julibrissin - Silk Tree Alnus cordata - Italian Alder Arbutus menziesii - Madrone A. unedo - Strawberry Tree Brachychiton acerifolius - Flame Tree B. populneus - Bottle Tree Broussonetia papyrifera - Paper Mulberry Callistemon spp. - Bottlebrush C. citrinus - Lemon Bottlebrush C. rigidus - Stiff Bottlebrush C. viminalis - Weeping Bottlebrush Calocendrus decurrens - Incense Cedar Carpinus betulus 'fastigiata' - Upright European Hornbeam Castanopsis chrysophylla - Giant Chinquapin Castanae mollissima - Chinese Chestnut Casuarina cunninghamniana - River She-Oak C. equisetifolia - Horsetail Tree C. stricta - •Beefwood Catalpa speciosa - Western Catalpa Ceanothus arboreus - Feltleaf Ceanothus MARIN MUNICIPAL WATER DISTRICT ORDINANCE NO. 414 AN ORDINANCE AMENDING TITLE 13 OF THE MARIN MUNICIPAL WATER DISTRICT CODE ADDING ANOTHER ELEMENT OF THE DISTRICT'S WATER CONSERVATION PROGRAM PURSUANT TO WATER CODE SECTION 375 BY ADDING SECTION 13.02.021 TO CHAPTER 13.02, AMENDING CERTAIN PROVISIONS OF CHAPTER 13.02 & 13.03 & REPEALING CERTAIN SECTIONS OF CHAPTER 11.60 OF THE DISTRICT CODE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE MARIN MUNICIPAL WATER DISTRICT AS FOLLOWS: SECTION 1. Purpose: The purpose of this ordinance is to adopt another element of the District's water conservation program pursuant to Water Code Section 375. The instant element addresses both indoor and outdoor water use. Conservation within the District's service area continues to be necessary, as current District projections for water supply under water supply conditions similar to a repeat of the drought of record (1976-77) anticipate a water deficit in the amount of 3,700 acre feet in 2010, 6,400 acre feet in 2020 and 7400 acre feet in 2025 and legislation is pending that, if adopted, would potentially require a 20% reduction in water use District wide by 2020. The Board of Directors views this conservation program as a fundamental and necessary step in its on-going efforts to reduce overall water use District wide, especially discretionary summer water use for irrigation. SECTION 2. Addition of New Section: A new Section 13.02.021 entitled "Water Conservation: Normal Year Water Conservation" is added to Title 13 Water Service Conditions and Water Conservation Measures to read as follows: (1) Declaration of Purpose. The purpose of this chapter is to provide a water conservation plan to maximize the water supply during periods of relatively normal rainfall and to minimize the effect of a shortage of water on the district's consumers during an extended dry weather period (drought). The normal year conservation programs in this chapter are based on industry standards promulgated by the American Rainwater Catchment Systems Association (ARCSA), Bay-Friendly Landscape and Gardening Practices (Bay-Friendly), Best Management Practices developed by the California Urban Water Conservation Council (CUWCC), California Department of Water Resources (DWR), California Invasive Plant Council (Cal-IPC), California Irrigation Management Information System (CIIVIIS), Consortium for Energy Efficiency (CEE),University of California Cooperative Extension (U.C. Extension), USEPA WaterSense Program (WaterSense), Water Use Classification of Landscape Species (WUCOLS), and other recognized conservation industry standards. In every case, the intent of this chapter is to remain a living document, incorporating the most restrictive industry standards in practice at the time in question. In the event that there is a conflict in regulations, the default shall be determined by the District, or as required by law. Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served.and the right does not and shall not extend to waste or unreasonable method of use. This policy protects local water supplies through the implementation of a whole systems approach to design, construction, installation and maintenance of the landscape resulting in water conserving climate-appropriate landscapes, improved water quality and the minimization of natural resource inputs. EXHIBIT NO. Page 1 t3 (2) Definitions. Definitions used in this chapter are as follows: A. Application for Service from an Existing Connection: The application for service from an existing connection, whether it is a new, increased, or modified water service, in a customer's name for a property. B. Backflow Prevention Device: means an approved device installed to District standards which will prevent backflow or back-siphonage into the potable water system. C. Booster Pumps: used where the normal water system pressure is low and needs to be increased. D. Bubblers: Irrigation heads that produce a large volume of output, measured in gallons per minute (gpm) that flood the soil area surrounding the bubbler head. E. Check Valve: a valve located under a sprinkler head or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. F. Common Interest Development: community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. G. Compost: the decayed remains of organic matter that has rotted into a natural fertilizer suitable as a soil amendment to enhance plant growth. H. Developed landscape area: All outdoor areas under irrigation, swimming pools, and water features, but excluding hadscape areas. 1. Ecological Restoration Project: a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. J. Effective Rainfall: the portion of total rainfall which becomes available for plant growth and that is used by the plants, defined as an average of 25% of total rainfall. K. Emitter: a drip irrigation device that delivers water slowly from the system to the soil. L. Estimated Total Water Use (ETWU): a calculated amount of water needed to irrigate a given landscape, and used as the basis for assigning water budgets at a site. M. ET Adjustment Factor: a factor of 0.6, that, when applied to reference evapotranspiration as measured by a CIMIS weather station, or equivalent, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. N. Evapotranspiration rate: the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific specified time. 0. Flow Rate: the rate at which water flows through pipes, and valves and emission devices, measured in (gallons per minute, gallons per hour, or cubic feet per second). Page 2 P. Hardscape: Impermeable areas including patios, decks and paths, driveways and sidewalks. Q. Head-to-Head Coverage: a high-flow irrigation system designed to provide an irrigation spray pattern that delivers water from one sprinkler head to the next. R. High-efficiency Fixture(s): High efficiency fixtures shall, at a minimum, meet the current requirements of the Water Sense labeling program and those of the California Department of Water Resources, and those defined below by the District. 1. High-efficiency Clothes Washers: A residential or commercial clothes washers that meets the current highest water efficiency standards as defined by the District. 2. High-efficiency Irrigation Controller: An electronic device that controls the amount of time and frequency of operation for an irrigation system and adjusts automatically to compensate for the seasonal plant water requirements at the site (commonly referred to as weather-based irrigation controllers). 3. High-efficiency Irrigation System: The irrigation system connected to a water service where the overall distribution uniformity (how evenly water is distributed across the irrigated landscape area) is a minimum of 70% and the volume of water used is consistent with seasonal plant requirements as defined by the District. 4. High-efficiency Lavatory Faucet: The maximum flow rate shall not exceed 1.5 gallons per minute (gpm) at a pressure of 60 pounds per square inch (psi) at the inlet, when water is flowing. 5. High-efficiency Shower Head: The manufacturer shall specify a maximum flow rate equal to or less than 2.0 gallons per minute (gpm), at a pressure of 60 pounds per square inch (psi) at the inlet, when water is flowing. 6. High-efficiency Toilet: Any WaterSense listed toilet rated at an effective flush volume of no greater than 1.28 gallons. 7. High-efficiency Urinal: The average water consumption shall not exceed 0.25 gallons per flush (gpo. S. High-flow irrigation: An irrigation device that delivers water to the landscape in a spray, stream-like, or flooding manner from above-ground irrigation nozzles with output expressed in gallons per minute (includes bubblers and micro-spray). T. High-Flow Sensor: a device for sensing the rate of flow in the irrigation system. U. High-water-use plants: Annuals, plants in containers, and plants identified as high-water-use in the current edition of the WUCOLS list published by the U.C. Extension. High-water- using plants are characterized by high transpiration rates, shallow rooting, the need for frequent watering during summer months or with exposure to hot and drying climatic conditions. V. Hydrozones: A distinct grouping of plants with similar water needs and climatic requirements. Hydrozone types include, but are not limited to turf, high-water-use plants, low-water-use plants, microclimates (i.e., sun or shade, southern or northern exposures, Page 3 surrounded by highly reflective surfaces), and partially hardscaped areas with plants, pool areas and water-use features. W. Infiltration Rate: the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). X. Invasive Plant Species: species of plants not historically found in California and/or that spread outside cultivated areas and can damage environmental or economic resources as determined by Cal-IPC (www.cal-ipc.org). Y. Irrigation Design Capacity: The maximum amount of water calculated to flow through an irrigation system, or section of a system, based on pipe size, pipe material, and operating pressure. Z. Irrigation Efficiency (IE): a calculated measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71. AA. Irrigation Meter: a separate water meter that measures the amount of water used exclusively for landscape uses, such as lawns, washing exterior surfaces, washing vehicles, filling pools, etc. BB. Isolation Valves: used to isolate and shut-off water to a portion of the piping system. CC. Landscape Agent: The consumer's designated representative for interacting with the District on landscape plan reviews. DD. Landscape Plans: This includes a planting plan, an irrigation plan, and a grading plan drawn at the same scale and that clearly and accurately identify specified plants, irrigation layout, equipment, finish grades and drainage, specifications and construction details, plan sheet numbers, and drawing date of plans. EE. Landscape Water Budget: The amount of water allowed for landscape water use at a site, adjusted on a seasonal basis, as determined by the District. FF. Landscaped Area: the entire parcel, less the building footprint, driveways, and non- irrigated portions of parking lots and hardscapes. Water features, areas dedicated to edible plants, such as orchards or vegetable gardens are included in the calculation of the landscaped area. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other nonirrigated areas designated for non-development (e.g., open spaces and existing native vegetation). GG. Lateral Line: Non-pressurized pipe that is located downstream of an irrigation valve. HH. Low-flow Point Irrigation: Irrigation devices, commonly called drip irrigation, with output measured and expressed in gallons per hour (gph), that apply water directly to soil in the plants root zone. Page 4 II. Low-Head Drainage: water that flows out of the system after the valve turns off due to elevation changes within the system. JJ. Low-water-use plants: Plants identified as low-water-use in the current edition of the Water Use Classification of Species list published by the U.C. Extension. (generally, plants that once established, can survive on two irrigations per month during the summer months). KK. Main Line: the pressurized pipeline that delivers water from the water source to the valve or outlet. LL. Maximum Applied Water Allowance (MAWA): for design purposes, the upper limit of annual applied water for the established landscaped. MM. Microclimate: The climate of a specific area in the landscape that has substantially differing sun exposure, temperature, or wind, than adjacent areas or the area as a whole. NN. Moderate Water Use Plants: ornamental trees, shrubs ground covers, and perennials and other plants recognized as moderate-water-use by WUCOLS. 00. Mulch: any organic material such as leaves, bark, straw, compost or other inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature and preventing soil erosion. PP. Operating Pressure: the pressure when water is flowing through the irrigation system. QQ. Overhead Irrigation: those systems that deliver water through the air (e.g., pop-ups, impulse sprinklers, spray heads, rotors, micro-sprays, etc). RR. Overspray: Water delivered by an irrigation system outside the targeted landscape area during average operating conditions onto any adjacent hardscapes or other non-landscaped areas during an irrigation cycle, and specifically, for purposes of this Code, limited to maximum of 5% of spray radius area for each nozzle. SS. Pervious: any surface or material that allows the passage of water through the material and into the underlying soil. TT. Plant Factor: a factor that, when multiplied by reference evapotranspiration (ETo), estimates the amount of water used by needed plants. UU. Point of Connection (POC): The location where an irrigation system is connected to water supply. VV. Precipitation Rate: the rate of application of water measured in inches per hour. WW. Pressure Regulating Valve: a valve that automatically reduces the pressure in a pipe. XX. Project Applicant: the individual or entity submitting a Landscape Documentation Package, to request a permit, plan check or design review from the local agency. A project applicant may be the property owner or his or her designee. Page 5 YY. Property: Any structure, including but not limited to single family residential, multi- family residential and floating homes, built and/or intended primarily for sheltering or housing of any person and ancillary structures thereto. ZZ. Property Owner: A person or entity that owns or has the financial authority or control over the property to comply with the requirements set forth in this ordinance. AAA. Rain Sensor: a system component which automatically shuts off and suspends the irrigation system when it rains. BBB. Recreational Area: areas dedicated to active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic parks, sports fields and golf courses where turf provides a playing surface. CCC. Recycled Water: means tertiary treated water which results from the treatment of wastewater, is suitable for direct beneficial use; and conforms to the definition of disinfected tertiary recycled water in accordance with state law. DDD. Reference Evapotranspiration or ETo: a standard measurement of environmental parameters which affect the water use of plants and are an estimate of the evapotranspiration of a large field of four to seven-inch tall, cool-season grass that is well watered. EEE. Rehabilitated Landscape: any re-landscaping project that requires a building or grading permit, plan check or design review. FFF. Residential Customer: The person(s) or entity applying for service from an existing connection for a residential property. GGG. Runoff. Irrigation water that is not absorbed by the soil or landscape area to which it is applied and which flows onto other non-targeted areas, including runoff into storm drain systems. HHH. Soils Laboratory Report: the analysis of a soil sample to determine nutrient content, composition and other characteristics, including contaminants, for horticultural purposes. III. Special Landscape Area (SLA): an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. JJJ. Sprinkler Head: a device that delivers to the landscape water through a spray nozzle. KKK. Static Water Pressure: the pipeline or municipal water supply pressure when water is not flowing. LLL. Station: an area served by one valve or by a set of valves that operate simultaneously. MMM. Submeter: a separate meter that is located on the private side of the water system and is plumbed to measure all water that flows only through the irrigation system. This meter Page 6 is to be use by the owner to monitor irrigation water use and will not be read or maintained by the District. NNN. Swing Joint: an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. 000. Turf. A mat layer of monocotyledonous plants with shallow rooting structures requiring frequent watering during the growing season; i.e., cool or warm season grass consisting, but not limited to Blue, Rye, Fescue, Bent, Bermuda, Kikuyu, St. Augustine, Zoysia, and Buffalo. PPP. Valve: a device used to control the flow of water in the irrigation system. QQQ. Valve Manifold: a one-piece manifold for use in a sprinkler valve assembly that includes an intake pipe having a water inlet and a plurality of ports adapted for fluid connection to inlets. RRR. Water Budget: an allocation of water based on plant water needs, used to determine the billing tiers for customers with dedicated landscape irrigation meters. SSS. Water Feature: a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. TTT. Weather Based or Sensor Based Irrigation Control Technology: uses local weather and landscape conditions to tailor irrigation schedules to actual conditions on the site or historical weather data. UUU. WUCOLS: the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. (Ord. 403 54, 2004: Ord. 394 §1, 2001: Ord. 385 § 1(part), 1999): Ord. 326 § 1(part), 1991). (3) Requirements For All Services. A. Pressure Re 1Qu ation. A pressure-regulating valve shall be installed and maintained by the consumer if static service pressure exceeds 80 pounds per square inch (psi), and be set at a maximum operating pressure of 60 psi at the regulator outlet. The pressure-regulating valve shall be located between the meter and the first point of water use, or first point of division in the pipe, and pressure-relief valves and other plumbing safety devices shall be installed as required by local regulation. The operating pressure requirement may be waived if the consumes- presents evidence satisfactory to the District that high pressure is necessary in the design and that no water will be wasted as a result of Higher pressure operation. B. Interior Plumbing Fixtures. All plumbing installed, replaced or moved in any new or existing service shall be high-efficiency fixtures and shall meet the following requirements: Page 7 1. Toilets shall use 1.28 gallons, or less, per flush; 2. Shower heads shall use 2.0 gallons, or less, of water per minute, per bathroom. In the event that multiple shower heads are installed in a single bathroom, the total combined flow of all shower heads shall not exceed 2.0 gpm. 3. Kitchen and lavatory faucets shall use 1.5 gallons, or less, of water per minute; 4. Non-residential services with more than one showerhead or one sink (lavatory) per bathroom facility shall equip these fixtures with self-closing valves. Urinals shall use no more than 0.25 gallons, or less, per flush. C. Pool Covers. Pool covers are required for all new outdoor swimming pools. (Ord. 385 § 1(part), 1999); Ord. 326 § 1(part), 1991). (4) Non-Residential Interior Plumbing Fixtures. All plumbing installed, moved or replaced in any new or existing service shall be high-efficiency fixtures and shall meet the following requirements: A. Faucets. Lavatory faucets, other than public lavatory or metering faucets, shall deliver 1.5 gallons, or less of water per minute. 1. Metered Faucets Self-closing or self-closing metering faucets shall be installed on lavatories intended to serve the transient public, such as those in, but not limited to, service stations, train stations, airports, restaurants, and convention halls. Metered faucets shall deliver no more than .25 gallons of water per use. Self-closing faucets shall deliver no more than .5 gallon per minute. 2. Public Lavatory (other than metering) faucets shall deliver 0.5 gallons, or less, of water per minute. 3. Kitchen, Bar and Utility/Service (other than hand-washing sinks) faucets shall deliver 2.2 gallons, or less, of water per minute. B. Private Use, Public Use. Pursuant to the International Plumbing Code (IPQ. "In the classification of plumbing fixtures, "private" applies to fixtures in residences and apartments, and to fixtures in nonpublic toilet rooms of hotels and motels and similar installations in buildings where the plumbing fixtures are intended for utilization. by a family or an individual... "public" applies to fixtures in general toilet rooms of schools, gymnasiums, hotels, airports, bus and railroad stations, public buildings, bars public comfort stations, office buildings, stadiums, stores, restaurants and other installations where a number of fixtures are installed so that their utilization is similarly unrestricted". C. Commercial Equipment Specifications. 1. Dishwashers. Dishwashers are machines designed to clean and sanitize plates, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing final rinse. Dishwashers shall meet the current specifications set by the Consortium for Energy Efficiency's (CEE) "High Efficiency Specifications for Commercial Dishwashers and any and Page 8 all amendments thereto". 2. Steamers. A "steamer" or "steam cooker" is a device with one or more food steaming compartments in which the energy in the steam is transferred to the food by direct contact. Steamers shall meet the current specifications set by the CEE's "High Efficiency Specifications for Commercial Steamers and any and all amendments thereto". 3. Pre-Rinse Spray Valves. Pre-rinse valves use a spray of water to remove food waste from dishes prior to cleaning in a dishwasher. Pre-rinse spray valves shall (1) deliver 1.3 gallons, or less, of water per minute based on tested performance by the FSTC and (2) meets the cleaning performance standard of 26 seconds per plate or less, based on the ASTM Standard Test Method fog- Pe7 formance of Pre- Rinse Spay Valves and any and all amendment thereto. 4. Dipper Wells. A "dipper well" is a basin into which clean tap water flows constantly to provide a fresh supply of water for soaking utensils. The run-off goes down the drain. Dipper well flow rate shall be .3 gallon, or less, per minute. 5. Ice Machines. Ice machine are a factory-made assembly (not necessarily shipped in one package) consisting of a condensing unit and ice-making section operating as an integrated unit, with means for making and harvesting ice. It is an assembly that makes up to 4,000 lbs of ice per day at Standard Ratings Conditions, as defined in Section 5.2.1 of ARI Standard 810-2006, and may also include means for storing or dispensing ice, or both. Ice machines shall (1) be Energy Star qualified and (2) meet the current highest Tier specification set by the CEE's "High Efficiency Specifications for Air-Cooled Ice Machines and any and all amendments thereto". 6. Clothes Washers. "Commercial clothes washer" means a soft mount front- loading or soft mount top loading clothes washer with clothes container compartment no greater than 3.5 ft3 for horizontal axis clothes washers, or nor greater than 4.0 ft3 for vertical axis clothes washers, that is designed for use in (1) applications where the occupants of more than one household will be using it, such as multi-family housing common areas and coin laundries, or (2) other commercial applications. Commercial clothes washers shall meet the minimum Modified Energy Factor (MEF) and maximum Water Factor (WF) corresponding to the highest efficiency machines on the most recent CEE "High Efficiency Specification for Commercial, Family-Sized Clothes Washers and any and all amendments thereto". As of January 1, 2007, the highest efficiency machines have a minimum MEF of 2.20 and a maximum WF of 4.5. 7. Heating, Ventilation and Air Conditioning (HVAC) Equipment. HVAC Equipment shall eliminate all once-through cooling, replacing with an air-cooled system or a cooling tower. For cooling towers, the following are recommended: a) flow submeters on make-up and bleed-off lines; submeters should, at a minimum, be capable of totaling the flow. Page 9 b) conductivity controllers that activate the blowdown valve for dissolved solids control; c) overflow sensors on the overflow pipes d) baffles or drift eliminators All cooling towers shall be monitored and maintained in a manner consistent with applicable regulatory guidelines and manufacturers recommendations. (5) Water Efficient Landscape. A. After January 1, 2010, this ordinance shall apply to all of the following: New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review; 2. New construction and rehabilitated landscapes which are developer-installed in single- family and multi-family projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; 3. New construction landscapes which are homeowner-provided and/or homeowner-hired in single family and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review. B. This ordinance shall not apply to: Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; 4. Mined-land reclamation projects that do not require a permanent irrigation system; or 5. Plant collections, as part of botanical gardens and arboretums open to the public. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. C. Landscape Design Plan. For each landscape project subject to this chapter applicants shall submit a landscape design plan in accordance with the following: Amendments, Mulching and Soil Conditioning: A minimum of 8" of non- mechanically compacted soil shall be available for water absorption and root growth in planted areas. 2. Incorporate compost or natural fertilizer into the soil to a minimum depth of 8" at a minimum rate of 6 cubic yards per 1000 square feet or per specific amendment Page 10 recommendations from a soils laboratory report. A minimum 3" layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications. 3. Plants. (a) Selected plants shall not cause the Estimated Water Use to exceed the Maximum Applied Water Allowance (see calculation in Appendix A). (b) Plants with similar water use needs shall be grouped together in distinct hydrozones and where irrigation is required the distinct hydrozones shall be irrigated with separate valves. (c) Low and moderate water use plants can be mixed, but the entire hydrozone will be classified as moderate water use for MAWA calculations. (d) High water use plants shall not be mixed with low or moderate water use plants. (e) All non-turf plants shall be selected, spaced, and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. (f) Turf shall not be allowed in the following conditions: Slopes exceeding 10%, planting areas 8 feet wide or less, street medians, traffic islands, planter strips or bulbouts of any size. (g) Invasive plants as listed by the Cal-IPC are prohibited. (h) Fire Safe Landscape Practices. The requirements in this chapter are intended to support, and be in compliance with, all local and State requirements related to Fire Safe Landscaping practices, including, but not limited to, requirements for Wildlife Urban Interface zones as specified by local authority. 4. Water Features. (a) Re-circulating water systems shall be used for water features. (b) Recycled water shall be used when available and approved for use onsite. Irrigation Design Plan. (a) For each landscape project subject to this chapter applicants shall submit an irrigation design plan that is designed and installed to meet irrigation efficiency criteria as described in Appendix A (MAWA) and in accordance with the following: Page 11 (1) Irrigation systems with meters 1 '/2" or greater require a high-flow sensor that can detect high flow conditions and have the capabilities to shut off the irrigation system. (2) Isolation valves shall be installed at the point of connection and before each valve or valve manifold. (3) High-efficiency controllers, weather-based, or other sensor based self-adjusting irrigation controllers shall be required. (4) Rain sensors shall be installed for each irrigation controller. (5) Pressure regulation and/or booster pumps shall be installed so that all components of the irrigation system operate at the manufacturer's recommended optimal pressure. (6) Irrigation system shall be designed to prevent runoff or overspray onto non-targeted areas, and wherever overhead irrigation is located directly adjacent to hardscape areas, where runoff water flows into the curb and gutter; all spray heads shall be setback a minimum of 24" from hardscape edges. (7) Point source irrigation is required where plant height at maturity will affect the uniformity of an overhead system. (8) Minimum 24" setback of overhead spray irrigation is required where turf is directly adjacent to a continuous hardscape area where runoff water flows into the curb and gutter. (9) Slopes greater than 15% shall be irrigated with point source or other low-volume irrigation technology. (10) A single valve shall not irrigate hydrozones that mix high water use plants with moderate or low water use plants. (11) Trees shall be placed on separate irrigation valves except when planted in turf areas. (12) Sprinkler heads, rotors and other emission devices on a valve shall have matched precipitation rates. (13) Head-to-head coverage is required unless otherwise directed by the manufacturer's specifications. (14) Swing joints or other pipe protection components are required on above-ground irrigation piping. (15) Check valves shall be installed to prevent low-head drainage. 6. Separate District landscape water service meters shall be required for all new and renovated landscapes, other than single-family and two-unit residential Page 12 landscapes, for which the District has calculated a MAWA of 75,000 gallons or more of water. A private submeter shall be required for all points of connection on single-family and two-unit residential sites for which the District has calculated a MAWA of 75,000 gallons or more of water. 7. Documentation for Compliance. The following documentation is to be presented to the District at each of the three steps of review defined below. This documentation is required for compliance with this Ordinance. (a) STEP l: FINAL DESIGN REVIEW. For those landscape projects that require Design Review or a Utilities Certificate, applicants shall submit the following documentation to the District: (1) Completed Appendix A, Maximum Applied Water Allowance (MAWA) (2) The landscape planting design plan that accurately and clearly identifies and depicts new and existing trees, shrubs, groundcovers, turf, and any other planting areas; plants by botanical name and common name; plant sizes and quantities; property lines, new and existing building footprints, streets, driveways, sidewalks and other hardscape features; pools, fountains, water features. (3) A conceptual irrigation design plan or statement which describes irrigation methods and design actions that will be employed to meet the irrigation specifications of this chapter. (b) STEP 2: PLAN CHECK. The following shall be reviewed and approved prior to the application for a water service from an existing connection, whether it is a new, increased, or modified water service, in a customer's name for a property: (1) Appendix A and the planting design as submitted at step 1 above, in connection with the Design Review or Utilities Certificate application. (2) The irrigation plan drawn at the same scale as the planting plan that: (AA) Accurately and clearly identifies and depicts irrigation system point of connection; (BB) Accurately and clearly identifies and depicts irrigation system components, e.g. controller, pipe, remote-control valves, sprinklers and other application devices, rain shut- off device, check valves, pressure regulating devices, backflow prevention devices. (CC) Includes the Hydrozone Table (See Appendix B). Page 13 (DD) Where slopes exceed 10%, a grading plan drawn at the same scale as the planting plan that accurately and clearly identifies finished grades, drainage patterns, pad elevations, spot elevations and storm water retention improvements. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. (c) STEP 3: COMPLETION OF INSTALLATION. Upon installation and completion of the landscape, applicant shall submit Appendix C, the Certificate of Completion. The certificate shall be accompanied by an irrigation audit that contains the following: (1) Operating pressure of the irrigation system. (2) Distribution uniformity of overhead irrigation. (3) Precipitation rate of overhead irrigation. (4) Report of any overspray or broken irrigation equipment. (5) Irrigation schedule including: (6) Plant establishment irrigation schedule. (AA) Regular irrigation schedule by month including: plant type, root depth, soil type, slope factor, shade factor, irrigation interval (days per week), irrigation runtimes, number of start times per irrigation day, gallons per minute for each valve, precipitation rate, distribution uniformity and monthly estimated water use calculations. (BB) An irrigation maintenance schedule timeline shall be attached to the certificate of completion that includes: Routine inspections, adjustment and repairs to the irrigation system, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning and weeding. (d) A final inspection shall be performed by District staff to verify policy compliance. Once the completion form is received, the District will conduct an inspection to check for installation of PRVs, rain shut-off devices proper labeling of irrigation controllers, and mulch; however, the District reserves the right to perform site inspections at any time before, during, or after irrigation system and landscape installation and to require corrective measures if requirements of this Ordinance are not satisfied. If corrective Page 14 measures are necessary, the District will set the water budget to zero until corrective measures are complete. Advanced notice is required for all inspections. Inspections can be requested for either morning or afternoon during regular business hours. Final approval shall not be completed until the landscape inspection is approved. An extension of the approval process, to complete landscape and irrigation installation, shall be requested and shall be approved District staff. (6) Drinking Water Served Upon Request Only. By January 1, 2011, eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. (7) Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. By January 1, 2011, hotels, motels and other commercial lodging establishments shall provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments shall prominently display notice of this option in each bathroom using clear and easily understood language. (8) Grey Water Systems. This section is reserved for future provisions regarding grey water systems. (9) Rain Water Harvesting Systems. This section is reserved for future provisions regarding rain water harvesting systems. (10) Other Provisions. The General Manager will consider and may allow the substitution of design alternatives and innovation which may equally reduce water consumption for any of these requirements. The General Manager may accept documentation methods, water allowance determination, and landscape and irrigation design requirements of the State of California Model Water Efficient Landscape Ordinance instead of Chapters 14-30.040 and 14-30.050 of these requirements where it can be demonstrated that the State procedure will more effectively address the design requirements of the proj ect. (11) Provisions For Appeal. The applicant or any affected person may appeal the final decision of staff regarding plan check or final inspection to the General Manager, The decision of the General Manager shall be final. An appeal regarding plan check shall be submitted prior to the installation of the landscape or it will be deemed to have been waived. (12) Penalties and Violations. A. Misdemeanor: Any violation of Section 13.02.021 may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one thousand dollars ($1,000), or by both. B. Penalties: Penalties for failure to comply with any provisions of Section 13.02.021 are as follows: 1. First Violation: The District will issue a written warning and deliver a copy of this Page 15 ordinance by mail, hand, facsimile or email. 2. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100). Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed two hundred and fifty dollars ($250). 4. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). 5. Water Flow Restrictor: In addition to any fines, the District may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty-eight (48) hours. C. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this ordinance is responsible for payment of the District's charges for installing and/or removing any flow restricting device pursuant to the District's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device shall be paid to the District before the device is removed. D. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. E. Notice and Hearing: 1. The District will issue a Notice of Violation by mail or personal delivery at least ten [ 10] days before taking enforcement action. Such notice shall describe the violation and the date by which corrective action shall be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the District's Water Conservation Manager no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the District will mail notice of the hearing date to the customer at least ten (10) days before the date of the hearing. 2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the District may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition. 3. This notice and hearing procedure shall not apply to those water waste situations charged as misdemeanors. (12.) Forms. The following forms shall be submitted as outlined in Section 6 of this chapter: Appendix A, Maximum Applied Water Allowance; Appendix B, Hydrozone Table; Appendix C, Certificate of Completion. Page 16 Appendix A 'Maximum Applied Water Allowance The follo-+sing calculations v.-I help 1 ou determine vot>: site specific water budget and establish a planting mi:: that %YW altos you to meet your crater budget. Your Estimated Total Water Use trust be less than your Maximum Applied Water Allowance. i INILximum. Appled XY ate, Allowance (M- A-W'A) \,LkNVA- = tTTo) (0.62)[(0.6x LA) ~ (0.4 x SLA)) Where: ETo = Annual -Net Reference Evapotranspiration (inches) 0.6 = ET Adjustment Factor LA ='Landscaped Area (square feet) 0.62 = Conversion factor (to gallons per square foot) SLA = Portion of the. landscape area identified as Special Landscape Area (square feet) 0.4 = the additional ET adjustment factor for Special Landscape Area (1.0 - 0.6 = 0.4) A.) Net Evapotranspiration Calculation s,ar. . _.atrr( re':n Net Evapotranspiration Calculation = Annual ETo - Effective Rainfall - B) Adjusted Landscape Area Calculation 0.6 = ...•-r----•r x 0-4 _ .....+y :.....✓`g~g.. ....................t. peY:C Area, .iAtti~t?Dt4'7t' Fa_ zo? Sum of Adjusted Landscape Area = -.\,!AWA = x 0.62 a ' Estimated Total NVater Use (717,7U') A.) Net Evapotranspiration Calculation et xapotranspiration Calculation = Annual ETo - Effective P.ainfall = B_) Adjusted Landscape Area Calculation 0.3 = 0 lLax• usrar resa pant sift; . ' ''I I - a 06 - 1 . t.~~~j".. YGi£'.tCt~r 3L3 ~ part ~~t! . . . . . . x 1.0 = . . . 19in tMe?,U;aPlant ajt . . Sum of Adjusted: Landscape Area = ET-W =F x 01.6? _ Irrigation Efficiencv Factor Percent of total landscape irrigated with Drip 0-25% 0. ; 1 2 6-5, 0°~ 0.?^ 'coo 0-80 ?6-100°~e 0.85 Page 17 Appendix B Hydrozone Table This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Please complete the hydrozone table(s) for each hydrozone. Use as many tables as necessary to provide the square footage of landscape area per hydrozone. Hydrozone* Zone or Irrigation Area % of Valve Method** (Sq. Ft.) Landscape Area Total 100% Summary Hydrozone Table Hydrozone* Area (S q. Ft. % of Landscape Area High Water Use Moderate Water Use Low Water Use Total = 100% *Hydrozone **Irrigation Method HW= High Water Use Plants MS=Micro-spray MW=Moderate Water Use Plants S=Spray LW=Low Water Use Plants R=Rotor B=Bubbler D=Drip O=Other Page 18 Appendix C Certificate of Completion This certificate is filled out by the project applicant, landscape architect and landscape contractor upon completion of the landscape project. Part 1. Protect Information Sheet Date Project Name Project Address Name of Project Applicant Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Property Owner or his/her deSiLynee: Name Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code "I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule." Property Owner Signature Part 2. Landscape Architect and Landscape Contractor/Installer Date Landscape Architect Name Telephone No. Fax No. Title Email Address License No. or Certification No. Telephone No. Company Street Address City State Zip Code Landscape Contractor/Installer Name Telephone No. Fax No. Title Email Address License No. or Certification No. Telephone No. Company Street Address City State Zip Code "I/we certify that the work has been completed in accordance with the ordinance and that the landscape planting and irrigation installation conform to the criteria and specifications of the approved Landscape Documentation Package. Additionally, per section NIT of this ordinance, a landscape audit and irrigation maintenance schedule have been completed and are attached to this certificate showing that the system meets the efficiency requirements used in the Maximum Applied Water Allowance calculation" Landscape Architect Signature Date Landscape Contractor Signature Date Page 19 SECTION 3. Amendment: Chapter 13.03 Section 13.03.040 entitled "Efficient Plumbing Fixtures" is amended to read as follows: Any plumbing fixture in any existing service which is replaced, added or moved shall conform to the criteria contained in District Code Section 13.02.021. SECTION 4. Repeal of Code Sections: The following District Code Sections have been repealed in their entirety: • Section 11.60.010 entitled "Purpose." • Section 11.60.020 entitled "Definitions." • Section 11.60.030 entitled "Requirements for all services." • Section 11.60.040 entitled "Landscape requirements for single-family residence and two unit residential services with less than one-half acre irrigated area (new and modified landscapes)." • Section 11.60.050 entitled "Landscape requirement for single-family and two unit residences with one half acre or more irrigated area and all services other than single family and two unit residence (new and modified landscapes)." • Section 11.60.056 entitled "Water conservation requirements at the time a residential customer makes application for water service from an existing connection." • Section 11.60.060 entitled "Other provisions." SECTION 5. Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act and qualifies f'or an exemption under the General Rule section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 6. Severabilitv: If any section, subsection, sentence, clause, phrase, portion or part of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such section shall not affect the validity of the remaining portions of this code. The Board of Directors hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional. Page 20 SECTION 7. Effective Date: This ordinance shall be effective on the day of its adoption. SECTION 7. Findings of Necessitv: The Board of Directors, after considering all of the information and testimony presented at its December 16, 2009 meeting and all of the comments and protests lodged in relation thereto and in the other portions of the record of this rate-making, finds as follows: 1. Historic and Current Water Supply Overview A. Water is a finite and precious resource. B. The District's water supply currently remains limited to water captured in its seven reservoirs; water transported from the Russian River via the North Marin aqueduct; and recycled water produced at the Las Gallinas Valley Sanitary District Plant (for a variety of non-potable purposes). About 73% of the District's water supply comes from its reservoirs, 25% from the Russian River through the North Marin aqueduct and 2% from recycled water. Although options to increase the District's water supply are being evaluated, the implementation of any preferred alternative will take several years. For the last many years, water demand is outpacing water supply. The Board recognized that imbalance in July 2000. C. In 2005, the District, via its Urban Water Management Plan, evaluated its current water supply against its current and future estimated demands and projected deficits of 700 acre feet in 2005; 3,700 acre feet in 2010, 5,300 acre feet in 2015, 6,400 acre feet in 2020 and 7,400 acre feet in 2025. D. In response to this supply - demand imbalance, the Board, over the last eight years, has been exploring alternative water supply sources. A San Francisco Bay desalination pilot plant project was constructed and operated in 2005. A Final Environmental Impact Report (EIR) evaluating a desalination facility has been certified by the Board. On August 19, 2009, the Board selected a 5mgd expandable to 15 mgd desalination plant as the preferred alternative, approved that project and directed staff to pursue the permitting process to determine whether the desalination project was feasible. In approving the desalination project, the Board was mindful of the fact that there are many "off roads" and future opportunities for public in put before construction of the plant commenced and that project approval was a necessary next step begin the permitting stage of the project which will assist in determining the desalination project's feasibility. E. Over the last several years, the Board has been exploring whether additional conservation strategies could alleviate the water supply deficit. In January 2006, the Board received a report from Maddaus Water Management that evaluated the costs and benefits of various conservation activities. The Board then authorized a $1,240,000 conservation program to reduce water use for outdoor irrigation. F. In June 2007, District staff updated the agency's Water Conservation Master Plan ("Master Plan"), which was presented to the Board and which the Board reviewed and approved. District staff projected additional water savings from various conservation programs as a means to reduce the supply - demand imbalance. In fiscal year 2007-2008, the Board Page 21 increased funding for water conservation programs to $1,867,000 to launch a new water programs including a high-efficiency toilet rebate, a Bay Friendly Landscape program, commercial high-efficiency urinal and direct-installation toilet and school education programs. G. The Master Plan indicated that the District's customers were responding positively to the agency's new conservation strategy. It noted that the then-new high-efficiency toilet rebate program started in January 2007 had issued more than 300 toilet rebates over the first 3 months. By comparison, the Master Plan noted that other larger Bay Area water agencies had completed only 150-300 high efficiency toilet rebates in all of 2006. H. The Master Plan noted that the District's high-efficiency clothes washer program continued to issue rebates for an average of 1,200 washers each year, after 12 years in operation and more than 9,000 rebates. 1. After review of the alternative programs outlined in the Master Plan, the Board authorized $2,459,000 in funding in fiscal year 2007-2008 for expanded water conservation programs. That funding anticipated expansion of programs in leak detection, rebates and other water- conservation incentives. J. Based upon rainfall patterns for the District, very little rainfall occurs from May to October each year. In recent years, the overall summer peak-period has found water use averages about twice winter use. Outdoor water use is more discretionary than interior water use. Some reductions in water use can be achieved by reduction in the demand for water for exterior uses. K. As a result of Conservation Assistance Program (CAP) consultations with single-family residential customers concerning water use inefficiencies, District staff learned that typically 15%-30°io of water used for irrigating (water use outside the home) is wasted and the most typical cause of the waste is excess irrigation. L. In 2007, the 7 % of the District's consumers consuming the largest volume of water consumed 22% of the District's water in the summer months. In the winter months the 2% of customers consuming the largest volume of water consumed 9% of the water. M. Although the District's Conservation Program has made significant strides, more is necessary. N. After almost twenty years of innovative and aggressive conservation efforts, more needs to be accomplished. The water conservation program required by this ordinance is necessary to conserve additional water for beneficial use and to preserve the District's water supply. II. Current Conservation Measures. A. The California Legislature's adoption of the Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881, Laird) under the California Code of Regulations, Title 23, Waters Division 2, Department of Water Resources that requires cities, counties, and charter cities and charter counties and special districts to adopt landscape water conservation ordinances by January 1, 2010. Page 22 B. Consequently, updating the District's water conservation ordinance is mandated by State law and provides a basis upon which to further reduce water consumption within the District's service area. C. Conservation within the District's service area continues to be necessary, as current District projections for water supply under water supply conditions similar to a repeat of the drought of record (1976-77) anticipate a water deficit in the amount of 3,700 acre feet in 2010, 6,400 acre feet in 2020 and 7400 acre feet in 2025. D. State legislation is pending that, if adopted, would potentially require a 20% reduction in water use State wide by 2020. E. The Board of Directors determines that this conservation program is a fundamental and necessary step in its on-going efforts to reduce overall water use District wide, especially discretionary summer water use for irrigation. F. As a signatory of the Memorandum of Understanding with the California Urban Water Conservation Council, amended December 10, 2008 the District is required to implement the measures described in the ordinance revision. G. During the latter part of the 2008-9 and the current 2009-2010 fiscal years the District has been experiencing a significant drop in consumption, which it attributes to multiple factors, including its elevated conservation efforts, a cooler summer and financial market conditions. H. Mindful of the fact that water use doubles during the normally warm summer months and that in any given year the District's reservoirs store a two year supply of water, the Board determines that it reasonable and necessary to expand its conservation effort along the lines described in this ordinance to further preserve and conserve the District's water supply. 1. Careful water management requires the implementation of a host of water conservation at all times, not just in times of drought. I Article X Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use to the fullest extent of which they are capable and that the waste, unreasonable use or unreasonable method of use of water be prevented„ and that conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and the public welfare. K. California Water Codes Section 375 authorized water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. L. The adoption and enforcement of the water conservation program contained in this ordinance is necessary to manage the District's potable water supply and avoid or minimize the effects of drought and shortage within the District's service area. Such a program is also necessary and essential to conserve the District's water supply and ensure the sustainability and reliability of the District's water supply and prevent waste. Page 23 PASSED AND ADOPTED this 16th day of December, 2009, by the following vote of the Board: AYES: Directors Behar, Gibson, Koehler, Quinter and Russell NOES: None ABSENT: None /s/ Vice President, Board of Directors ATTEST: /s/ Secretary, Board of Directors Page 24 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting March 3, 2010 Agenda Item: 6 Subj ect: Recommendation to Adopt Revised Fee Schedules for the Community Development Department/Administrative Services Department and for Animal Control Services ' Reviewed By:/All BACKGROUND The Town is proposing revisions to the fee schedule used by the Community Development Department and Administrative Services Department and adoption of an updated fee schedule for animal control services. ANALYSIS Community Development Department & Miscellaneous Services Fee Schedule The modifications to this fee schedule are summarized as follows: ➢ Create line items for Tidelands Permits and over-the-counter design review permits, which are new permit types contained in the updated Zoning Ordinance ➢ Modify sign permit fees to reflect the recently-updated Sign Ordinance provisions ➢ Updates to reflect current State Department of Fish & Game pass-through CEQA fees ➢ Create a line item for Special Event Permit processing fees (Town Clerk) ➢ Create a line item for Certification of Copies (Town Clerk) ➢ Increase the cost of a Residential Resale Inspection (RBR) by $100 ➢ Create a line item for the State Building Standards Commission pass-through fee Staff believes that all of the above are minor changes to the fee schedule. There are no increases in building fees based on project valuation and no increases in zoning permit fees or hourly rate schedules. Animal Control Services Fee Schedule The Marin County Board of Supervisors adopted an amended fee schedule for Animal Control in December 2009. As these services are provided by the Marin Humane Society under a Joint Powers Agreement, all cities in the county must adopt the same fee schedule in order for new fees to become effective. All other municipalities in the County have now adopted these updated fees. The fee updates are generally in the form of minor fee increases. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take any public testimony on the matter 2. Move to adopt the resolutions amending the fee schedules Exhibits: 1. Draft Resolution adopting a revised Community Development Department/Administrative Services Department Fee Schedule 2. Draft Resolution adopting a revised Animal Control Services Fee Schedule Prepared By: Scott Anderson, Director of Community Development S: IAdministrationl Town CouncillStaff Reports 120101March 3 DRAFTSIfee schedule and animal control fee update staff report.doc RESOLUTION NO. XX-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND MICELLANEOUS SERVICES PROVIDED BY OTHER TOWN DEPARTMENTS WHEREAS, the Tiburon Municipal Code requires that any changes to the Community Development Department's filing and processing fees be set forth by Resolution of the Town Council, and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for the costs of providing the services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Community Development Department, and WHEREAS, from time to time it is necessary to revise fees to reflect actual costs incurred by the Community Development Department and/or other Departments in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a revised fee schedule for the Community Development Department and Miscellaneous Services Provided by Other Departments, said fee schedules being attached hereto as Exhibit A and Exhibit B, and including miscellaneous services provided by other Town Departments, said fee schedules to become effective 60 days from the passage of this resolution and to supersede the fee schedules set forth in Resolution No. 06-2008. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on , 2010 by the following vote: AYES : COUNCILMEMBERS : NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Community Development Department Fee Schedule EXHIBIT NO._.._. Effective --A-12010 1 EXHIBIT A: PLANNING/ZONING & MISCELLANEOUS OTHER FEES PLANNING & ZONING PERMITS (Base fees do not include noticing, plan storage, technology recovery, or CEQA fees unless noted with General Plan Amendment, Rezoning, or Zoning Text Amendment $3,260* Annexation Agreement* * $255 Prezoning: Multiple Parcels/Undeveloped Parcel/Single Developed Lot.......... $3,260/$1,630/1,630* Precise Development Plan $6,520 + $260/each unit* a. Amendment $1,630 + $70/each unit* b. Single Lot Residential Amendment ..................................................................$1,300* Conceptual Master Plan Conditional Use Permit and Amendment thereto a. Minor $1,300 b. Major ..................................................................................................................$6,520* $3,260 + $140/each unit* Condominium Conversion Conditional Use Permit and Amendment: a. 4 units or less = Minor Conditional Use Permit ..................................................$820* b. 5 units or more = Major Conditional Use Permit .............................................$3,260* Secondary Dwelling Unit Permit** ................................................................................................$595 Variance** .......................................................................................................................................$450 Tidelands Permit** ..........................................................................................................................$450 Tree Permit** a. Single tree ...............................................................................................................$170 b. 2 through 4 trees $260 C. 5+ trees ..............................................................$280 plus $55 per each additional tree Water Well Drilling Permit and Amendment thereto a. Potable Well .......................................................................................................$1,250* b. Non-potable Well $640* Home Occupation Permit** a. Initial $100 b. Annual Renewal ........................................................................................................$50 Extension of Time** ...................................................................................................50% of initial fee *Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule(s) adopted by separate resolution. Tiburon Community Development Department Fee Schedule Effective 4-12010 2 SITE PLAN AND ARCHITECTURAL REVIEW (DESIGN REVIEW) PERMITS (Design Review fees already include charges for noticing, plan storage, technology recovery, and California Environmental Quality Act exemption) Existing Building/Developed Lot Ministerial (over-the-counter) ...............................................................................................$50 Minor Alteration (staff level) and amendments thereto .....................................................$255 Design Review of less than 500 sq. ft. that do not qualify for staff level review ..............$485 Design Review of between 500 and 1,000 sq. ft ...............................................................$945 Design Review of 1,000 sq. ft. or more ...........................................................................$1,325 Amendment to Design Review approval 50% of filing fee (unless the application qualifies for staff-level review, then) ............................................$255 New Residential or Non-Residential Building Initial Approval ................................................................................................................$2,825 Minor Amendment (qualifies for staff-level review) ........................................................$255 Major Amendment involving increased floor area and/or significant design changes 50% of filing fee Residential Floor Area Exception" ............................................................................................$230 Grading, Filling, or Earthwork requiring design review approval .........................................$805 SIGN PERMITS (Sign Permit fees already include charges for plan storage, technology recovery, and California Environmental Quality Act exemption) Sign Permit (no Exceptions required) $90 Sign Permit Requiring a Minor Exception $125 Sign Permit Requiring a Major Exception .........................................................................$300 PLANNING CONFORMANCE CHECK ON BUILDING PERMIT APPLICATIONS (Collected by Building Division at time of permit issuance) Actual cost of Checker's time based on the Hourly Rate Schedule; minimum charge is 0.5 hours). Tiburon Community Development Department Fee Schedule Effective 4-12010 /2010 3 SUBDIVISION AND RELATED PERMITS AND SERVICES (Base fees do not include noticing, technology recovery, plan storage, or CEQA fees) Lot Line Adjustment (Minor: four or fewer parcels) ....................................................................$720* Lot Line Adjustment (Major: five or more parcels) ...................................................................$1,800* Lot Merger (Voluntary) ...................................................................................................................$230 Tentative Map, where Final Map required: a. For the first 5 lots $1900* b. For each additional lot ..........................................................................................$260* C. Amendment to previously approved Tentative Map ........................................$3,920* Tentative Map, where Parcel Map required $9,760* Planning Division Review of Final and Parcel Maps ................................................................$3,920* Extension of Time for Tentative Map ........................................................................................$2,600* Certificate of Compliance ...........................................................................................................$1,300* Reversion to Acreage $16,340* CALIFORNIA ENVIRONMENTAL QUALITY ACT FEES Determination of CEQA Exemption $50 Initial Study ............................................................................................................................$1,600* EIR (full or focused) $1,000 plus EIR contract cost EIR Administrative Overhead 30% of EIR contract cost Mitigation Monitoring and permit compliance review ..............................................Actual Town cost Fish & Game Fees per State law (subject to change without notice, make checks payable to "Marin County Clerk"): a. Fish & Game Fee for Negative Declaration $2,060.25 b. Fish & Game Fee for EIR $25842.25 C. Environmental Document pursuant to a Certified Regulatory Program $999.50 *Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule. Tiburon Community Development Department Fee Schedule Effective 4-12010 4 ADMINISTRATIVE SERVICES / MISCELLANEOUS Services Street Name Change .......................................................................................................$1,280* Change of Street Address ....................................................................................................$170 Residential Parking Permit (collected by Police Department) $25 Noticing and Mailout of Permit Applications $100 Flan/Vocument Storage Fee ..................................................................................................$65 Technology Recovery Fee .....................................................................................................$25 Photocopies (regular) $.20/page Microfiche Copies $.20/page Staff Research Fee $70/hour Tape/Official Plan Drawing Duplication Fee Outside service duplication cost plus $30 Town Clerk Certification of Copies ......................................................$1 per page Special Event Permit: Low impact=$40; High impact=$100; Renewal of Low impact = $20 Publications General Plan paper copy (full document including 11" X 17" color diagrams) ..................$50 General Plan on CD (full document) ......................................................................................$5 General Plan paper copy (Individual Elements, including diagrams therein) $10 Zoning Ordinance (including 11" X 17" color maps) $30 Municipal Code (including 11" X 17" color zoning maps) ...............................................$100 Design Review Guidelines (a.k.a. Hillside Guidelines Booklet) ...........................................$5 Downtown Design Handbook (color) $20 Downtown Design Handbook (B/W) $10 Downtown Design Handbook Furniture Supplement (B/W) .................................................$5 All other publications At cost Maps General Plan Land Use Diagram 2.2-1 (11" x 17" color) $3 General Plan Land Use Diagram 2.2-1 (24" x 36" color) ....................................................$30 Other General Plan Diagrams (11" x 17" color) ....................................................................$3 Zoning Map (11" x 17" color) ................................................................................................$3 Zoning Map (24" x 36" color) ..............................................................................................$30 Planned Development Map (11" x 17" color) $3 Other maps At cost APPEALS a. If applicant is appellant .......................................................................................$500** b. If applicant is not appellant .....................................................................................$300 *Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule. "Project applicant is responsible for all reasonable Town costs, including expert services and outside consultants, necessary to process the application through a anal Town decision. Tiburon Community Development Department Fee Schedule Effective -1-12010 5 PUBLIC FACILITY FEES AND OTHER DEVELOPMENT-RELATED FEES Traffic Mitigation Fees - varies by location (see Town Council Resolution No. 02-2007 or successor document). In-Lieu Housing Fee - varies (based on a formula contained in Tiburon Municipal Code Title IV, Chapter 16). Park & Recreation In-lieu Fee - varies (based on formula in Tiburon Municipal Code Title IV, Chapter 14). GENERAL FEE PROVISIONS A. Fees shall be submitted in full at the time of application submittal to the Town. A penalty fine equal to 100% of the regular filing fee is assessed for after-the-fact permit applications. B. Pursuant to a written request, the Town Council may grant a full or partial waiver of fees pursuant to fee waiver policies adopted by Resolution of the Town Council. C. Portions of fees may be refunded upon withdrawal of an application; the amount of the refund shall be determined by the Director based upon the amount of work performed and costs incurred by the Town prior to withdrawal. D. Full fee credits may be granted by the Director toward resubmitted applications if withdrawn and resubmitted within 60 days from the date of withdrawal. E. Where work requires more than one permit, the full fee shall be collected for each and every permit required. F. Pursuant to Tiburon Municipal Code Title IV, Chapter 16 (Zoning), some fee waivers are applicable to projects providing below market rate housing units. G. If the Director determines that a contract planner will be required to process an application, or assist Town Staff with processing of an application, the applicant shall be responsible for all reasonable costs associated with said contract planner. Tiburon Community Development Department Fee Schedule Effective 4-12010 6 EXHIBIT B: BUILDING DIVISION FEES BUILDING PERMIT FEE The basis for the Building Permit Fee shall be the total valuation of the project; the actual fee shall be calculated using attached Table 1. If the total valuation is not provided, the following schedule shall be used to establish a minimum project valuation: 1. Apartment Houses: Type I or II F.R $171.00/sq.ft. Type V - Masonry (or Type III) $137.00/sq.ft. Type V - Wood Frame $132.00/sq.ft. Type I Garage $70.00/sq.ft. 2. Dwellings: Type V-Masonry $157.00/sq.ft. Type V -Wood Frame $150.00/sq.ft. Garage $60.00/sq.ft. Actual project valuation must be provided prior to final inspection and any additional fees, based on actual project valuation, will be due and payable prior to final sign-off. Miscellaneous valuations: If total valuation is not provided at the time of application, the following schedule shall be used: 1. Sprinklered Structure (retrofits only) $4.00/sq.ft. 2. Tenant Improvements - Commercial $45.00/sq.ft. 3. Block Walls & Pilasters (includes footings) $6.00/sq.ft. 4. Retaining Walls (includes footings) $18.00/sq.ft. 5. Retaining Walls (wood) $6.00/sq.ft. 6. Greenhouse $12.00/sq.ft. 7. Patio, Solid Cover $14.00/sq.ft. 8. Patio, Lattice Cover $11.00/sq.ft. 9. Aluminum Patio Enclosure $60.00/sq.ft. 10. Deck $12.00/sq.ft. Tiburon Community Development Department Fee Schedule Effective --1--12010 7 11. Demolition ........................................................................................................................$120.00 Actual project valuation must be provided prior to final inspection and any additional fees, based on actual valuation, will be due and payable prior to final sign-off. 12. Re-roof- Project valuation to be substantiated by providing contract; Building Permit Fee shall be calculated using Table 1. 13. Swimming Pool/Spa/Hot Tub: Project valuation to be substantiated by providing contract; Building Permit Fee shall be calculated using Table 1. 14. Miscellaneous Work: Building Permit Fee for any work not covered by the above shall be based on the total valuation for the project and the fees will be calculated using Table 1. MISCELLANEOUS FEES 1. Plan Storage fees: Valuation $1 - $100,000 ......................................................................................................................$60.00 $100,001 - $200,000 .........................................................................................................$120.00 $20001 - $800,000 .........................................................................................................$180.00 $800,001 - over .................................................................................................................$250.00 2. Residential Resale Inspection/Residential Building Report (RBR) ................................$250.00 3. Residential Resale Re-inspection: $75.00 4. Business License: Project value $1 - $5000 $15.00 Project value $5001 - $25,000 ............................................................................................$25.00 Projects valued over $25,000 0.0012 of the Project value 5. Plan Checking Fees: All construction plans must be checked for conformance with State and Town regulations. A plan checking fee shall be paid to the Town along with submittal of construction drawings and specifications for review. Plan checking fees shall be 65% of the building permit fees as set forth in Table 1. Where plans are incomplete, or changed so as to require an additional plan check review, an additional plan review fee shall be charged by the Town at a rate of $75 per hour, with a minimum charge of one hour, in addition to any costs incurred by the Town for outside plan-checking services. 6. Work Performed Without a Permit: Whenever any work for which a permit is required is commenced without first obtaining a permit, a penalty fee shall be due and payable. The penalty fee shall be calculated using the Town's current Resolution setting forth Administrative Fines. Tiburon Community Development Department Fee Schedule Effective 4-12010 8 7. Long-range planning/general plan maintenance fee surcharge: 10% of building permit fees (includes building, plumbing, electrical, mechanical, and grading fees) 8. Technology Recovery Fee surcharge as set forth in the following table: TOTAL VALUATION FEE $ 1.00 to $ 5,000.00 $15.00 $ 5,001.00 to 25,000.00 $ 15.00 for the first $ 5,000.00 plus $ 3.00.00 for each additional $1,000.00, or fraction thereof, to and including $ 25,000.00 $ 25,001.00 to $ 50,000.00 $ 75.00 for the first $ 25,000.00 plus $ 2.50 for each additional $1,000.00, or fraction thereof, to and including $ 50,000.00 $ 50,001.00 to $ 100,000.00 $ 137.50 for the first $ 50,000.00 plus $ 2.25 for each additional $1,000.00, or fraction thereof, to and including $ 100,000.00 $ 100,001.00 to $ 500,000.00 $ 250.00 for the first $ 100,000.00 plus $ 2.00 for each additional $1,000.00, or fraction thereof, to and including $ 500,000.00 $ 500,001.00 to $ 1,000,000.00 $ 1050.00 for the first $ 500,000.00 plus $ 1.75 for each additional $1,000.00, or fraction thereof, to and including $ 1,000,000.00 $ 1,000,001.00 and up $ 1925.00 for the first $ 1,000,000.00 plus $ 1.50 for each additional $1,000.00, or fraction thereof, but not to exceed $7,500.00 9. Other Inspections and Fees Inspections outside of normal business hours (minimum charge is 2 hours) $60/hour Re-inspection fee ................................................................................................................$75.00 Inspections for which no fee is specifically indicated ........................................................$60.00 10. State Building Standards Commission Fee, as follows: PERMIT VALUATION FEE $ 1.00 to $ 25,000.00 $ 1.00 $ 25,001.00 to $ 50,000.00 $ 2.00 $ 50,001.00 to $ 75,000.00 $ 3.00 $ 75,001.00 to $ 100,000.00 $ 4.00 Every $ 25,000 or fraction thereof above $ 100,000.00 Add $ 1.00 ELECTRICAL PERMIT FEES Any fees required by this division shall be paid by the applicant before any electrical work, requiring a permit hereunder, is stared and the permit issued. Minimum Fee: The minimum fee for any electrical permit, unless otherwise indicated, is $60.00 Miscellaneous Permit Fee: Any permit for miscellaneous electrical work not in conjunction with a building permit, and not itemized below, shall be a minimum fee of $60.00, or 2% of Tiburon Community Development Department Fee Schedule Effective --1--12010 9 the contract cost, whichever is greater. New Service or Service Change: Any permit for new service or change of service not in conjunction with a building permit shall be charged as follows: 100-1000 amps ......................................................................................................$150.00 Over 1000 amps ......................................................................................................$250.00 Residential Dwelling: For each electrical permit for a one or two family unit, or a multi- family dwelling unit, the fee shall be based on 20% of the building permit fee, inclusive of carports and garages, and inclusive of additions and alterations. Commercial: Fees for commercial or industrial electrical work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office 20% of building permit fees Retail sales 20% of building permit fees Food markets 25% of building permit fees Restaurants 25% of building permit fees MECHANICAL PERMIT FEES Any fee required by this division shall be paid by the applicant before any mechanical work requiring a permit hereunder is started and the permit is issued. Minimum Fee: The minimum fee for any mechanical permit, unless otherwise indicated, is $60.00. Miscellaneous Permit Fee: Any permit for miscellaneous mechanical work not in conjunction with a building permit, and not itemized below, shall be a fee of $60.00 or I% of the contract cost. Residential Dwellings: For each mechanical permit for a one or two family dwelling unit or a multi-family dwelling unit, the fee shall be based on 9% of building permit fee, inclusive of additions and alterations. Commercial: Fees for commercial or industrial mechanical work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office 9% of building permit fee Retail sales 9% of building permit fee Food Markets ............................................................................12% of building permit fee Restaurants ................................................................................12% of building permit fee PLUMBING PERMIT FEES Any fees required by this division shall be paid by the applicant before any plumbing work requiring a permit hereunder is started and the permit issued. Tiburon Community Development Department Fee Schedule Effective 4-12010 10 Minimum Fee: The minimum fee for any plumbing permit is $60.00, unless otherwise stated. Miscellaneous Permit Fee: Any permit for miscellaneous plumbing work not in conjunction with a building permit, and not itemized below, shall be a fee of $60.00 or 1.5% of the contract cost, whichever is greater. Residential Dwellings: For each plumbing permit for a one or two family dwelling unit or a multi-family unit, the fee shall be based on 10% of the building permit fee, inclusive of additions and alterations. Commercial: Fees for commercial or industrial plumbing work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office 10% of building permit fees Retail sales 10% of building permit fees Food markets 10% of building permit fees Restaurants 15% of building permit fees GRADING PERMIT FEE SCHEDULE Plan Check Fees: 1 to 50 cubic yards ..............................................................................................................No fee 51 to 100 cubic yards $15.00 101 to 1,000 cubic yards .....................................................................................................$22.50 1,001 cubic yards to 10,000 cubic yards ............................................................................$30.00 For each additional 10,000 cubic yards or fraction thereof above 10,000 cubic yards: $15.00 Permit Fees: 1 - 50 C.Y ............................................................................................................................$15.00 51 - 100 C.Y ........................................................................................................................$22.50 101 - 200 C.Y .....................................................................................................................$33.00 201 - 300 C.Y .....................................................................................................................$43.50 301 - 400 C.Y .....................................................................................................................$54.00 401 - 500 C.Y .....................................................................................................................$64.50 501 - 600 C.Y .....................................................................................................................$75.00 601 - 700 C.Y .....................................................................................................................$85.50 701 - 800 C.Y .....................................................................................................................$96.00 801 - 900 C.Y ...................................................................................................................$106.50 901 - 1000 C.Y .................................................................................................................$117.00 1001 - 2000 C.Y ...............................................................................................................$126.00 2001 - 3000 C.Y ...............................................................................................................$135.00 3001 - 4000 C.Y ...............................................................................................................$144.00 4001 - 5000 C.Y ...............................................................................................................$153.00 5001 - 6000 C.Y ...............................................................................................................$162.00 6001 - 7000 C.Y ...............................................................................................................$171.00 Tiburon Community Development Department Fee Schedule Effective --1--12010 11 7001 - 8000 C.Y ...............................................................................................................$180.00 8001 - 9000 C.Y ...............................................................................................................$189.00 9001 - 1000 C.Y ............................................................................................................$198.00 Each additional 10,000 Cubic Yards is: $40.50 PUBLIC FACILITY DEVELOPMENT FEES Traffic Mitigation Fee - applies to development resulting in new vehicle trip generation; varies by location (see Town Council Resolution No. 02-2007 or successor document). Street Impact Fee - I% of building permit project valuation Stormwater Runoff Fee - $1 per each square foot of new impervious surface created by the project Tiburon Community Development Department Fee Schedule Effective --A-12010 12 W E~ a z ~I A 1 1 a H I I I W W f~ O ° 0 69 O H a a H O EO O 0 0 0 N 69 O 0 0 69 O o c o Cd w C y V Cd Cd F i , 0 O O O O O O O O p O O ° ° O ° O O ° O o O y y y o a a a 3], o o 0 O 0 C) 0 O 69 °o °o °o o° -Cd ~ 69 c ~ r- l- l- U 6q rQo 6q 3_ o 69 69 69 69 Q id O CIS O O r. C O b a b -b c d cd 03 O Cd U U CO N U Cd Cd U 1. 40 Cd s•. F. w 4*1 4, M 40. 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XX-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING FEES COLLECTED FOR ANIMAL CONTROL SERVICES AS REGULATED BY TITLE VI, CHAPTER 20 OF THE TIBURON MUNICIPAL CODE WHEREAS, Chapter 20 (Animals) of the Tiburon Municipal Code sets forth certain regulations and enforcement provisions regarding animals; and WHEREAS, the Town of Tiburon is obligated under state law to provide animal control services, and does so under a cooperative arrangement with other Marin County agencies which adopt common regulations and fees; and WHEREAS, animal control services for the Town of Tiburon and other Marin County agencies are provided by the Marin Humane Society pursuant to a contract with the County of Marin; and WHEREAS, the County of Marin recently revised its Animal Services Fee Schedule; and WHEREAS, the Town Council of the Town of Tiburon desires to adopt the revised fees that were adopted by the County of Marin in order to achieve consistency and to allow for the uniform regulation of animal control services countywide; and WHEREAS, it is the intent of the Town Council that such fees be used to recover the cost of providing the services for which the fees are assessed; and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances prior to adoption of the revised fees. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt an Animal Control Fee Schedule, attached hereto as Exhibit "A" and incorporated herein, said fee schedule to become effective sixty (60) days from the adoption of this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on , 2010: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: RICHARD COLLINS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK EXHIBIT NO.~ EXHIBIT "A" ANIMAL CONTROL FEE SCHEDULE (FEES COLLECTED FOR ANIMAL CONTROL SERVICES AS REGULATED BY TITLE VI, CHAPTER 20 OF THE TIBURON MUNICIPAL CODE) Dog License Fees established under 20-2.060 for a: Sterilized Dog - For a one year license $16.00 For a two year license $24.00 For a three year license $34.00 Unsterilized Dog - For a one year license $45.00 For a two year license $55.00 For a three year license $77.00 Delinquent Dog License Fees established under 20-2.070 $40.00 Duplicate License Tag fee established under 20-2.080 $5.00 Redemption Fees (Impound Fees) established under 20-2.140 for a: Sterilized Animal: upon a first impoundment during a 12 month period $60.00 upon a second impoundment during a 12 month period $85.00 upon a third impoundment during a 12 month period $100.00 upon a fourth impoundment during a 12 month period $135.00 upon subsequent impoundment during a 12 month period $210.00 Unsterilized Animal: upon a first impoundment during a 12 month period $85.00 upon a second impoundment during a 12 month period $130.00 upon a third impoundment during a 12 month period $150.00 upon a fourth impoundment during a 12 month period $175.00 upon subsequent impoundment during a 12 mo. Period $225.00 Dead Dog, Cat and Small Household Pet Removal Fees per 20-2.195 $50.00 Dead Wildlife Removal Fees established under 20-2.195 for removal & disposition of dead wildlife under 50 lbs. $50.00* for removal & disposition of dead wildlife 50 lbs. & over $90.00* *Said removal and disposition fees shall be chargeable to the property owner where the dead wildlife is found. Boarding Fees for quarantined or impounded animals per 20-2.050 and 20-2.150 Sterilized Animals Charge for boarding a sterilized dog per day is $20.00 Charge for quarantining a sterilized dog per day is $30.00 Charge for boarding a sterilized cat per day is $12.00 Charge for quarantining a sterilized cat per day is $28.00 Unsterilized Animals Charge for boarding an unsterilized dog per day is $32.00 Charge for quarantining an unsterilized dog per day is $35.00 Town of Tiburon Animal Control Fee Schedule Effective 4-42010 Charge for boarding an unsterilized cat per day is Charge for quarantining an unsterilized cat per day is $18.00 $32.00 Animals other than dogs and cats that need to be boarded due to quarantine or impound shall be charged for said services at the same rate as those for cats for the status of the animal and category of services described. All veterinary fees associated with veterinary care provided to any animals in the Animal Services Agency's care pursuant hereto shall be directly recoverable as a charge pursuant to this ordinance. Payment is delinquent if not received within 60 days. In the event that payment is not received within 60 days, a delinquency charge equaling the amount of the invoice shall be assessed. For each additional month of delinquency, another twenty percent penalty charge shall be assessed. Potentially DangerousNicious Dog Permits established under 20-2.181 Potentially Dangerous Dog, the charge for record keeping pursuant to 20-2.181(g) $125.00 Vicious Dog, the charge for record keeping pursuant to 20-2.181(h) $250.00 Dog Hobbyist & Ranch Dog Fees established under 20-2.245 & 20-2.246 Dog Hobbyist Permit, the charge for issuance of each dog hobbyist permit $125.00 Ranch Dog Permit, the charge for issuance of each ranch dog permit $125.00 The issuance of a dog hobbyist or ranch dog permit includes provision of an individual license for each dog harbored under the permit at no additional charge. Exhibit Fee & Commercial Animal Establishment established under 20-2.230 and 20-2.240 Animal Exhibition Fee the charge for timely processing of unwaived exhibit fee $250.00 Commercial Animal Establishment Fee for an annual permit & for timely renewals $200.00 A delinquency charge shall be assessed for late renewal of an expired permit $50.00 An additional charge shall be assessed for every calendar month of said delinquency $40.00 Stray Livestock Charges established pursuant to 20-2.220 Equine and Bovine (over 6 mo.) charge for securing $100.00 and keeping (per day) $40.00 Equine and Bovine (6 mo. & under) & sheep, lamb, goat, hogs, etc. charge for securing $50.00 and keeping (per day) $20.00 Herding Fee the charge per hour or any fraction thereof for return of an animal that has strayed $40.00 All costs incurred by Town in connection with such animals shall be a pass-through to the animal owner, including, but not limited to, the cost of herding, advertising, transporting, drugs, and veterinary services. Senior Citizen, Blind or Disabled Person's Discount on Specified Fees pursuant to 20-2.255 Dog license Fees (any duration) 25% discount SAAdministrationlTown CouncillStaff Reportsl20101Animal Control Fee Resolution Exhibit A.doc Town of Tiburon Animal Control Fee Schedule Effective 4-42010