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Home My WebLink AboutTC Ord 2010-03-17 (3)ORDINANCE NO. 521 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. Findings. A. The Town Council has held public hearings on March 3, 2010 and March 17, 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 Title IV, Chapter 13E of the Tiburon Municipal Code Repealed. Title IV, Chapter 13E (Water Conservation) of the Tiburon Municipal Code is hereby repealed.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. 521 N. S. Effective 0411612010 1 Section 3. Title IV, Chapter 13E of the Tiburon Municipal Code Adopted. A new Title N, 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 landscape requirements set forth therein, which projects include, without limitation: Town of Tiburon Ordinance No. 521 N. S. Effective 0411612010 2 (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 N, 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. (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. Town of Tiburon Ordinance No. 521 N. S. Effective 0411612010 3 (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. (D) The remedies provided in this section shall be cumulative and not exclusive. Town of Tiburon Ordinance No. 521 N. S. Effective 0411612010 4 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 March 3, 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on March 17, 2010, which was noticed pursuant to Government Code Sections 6066 and 50022.3, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Collins, Fraser, Fredericks & O'Donnell None Slavitz RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTE T;--) DIANE CRANE IA-COPI, TOWN CLERK Town of Tiburon Ordinance No. 521 N. S. Effective 0411612010 5