HomeMy WebLinkAboutTC Ord 2011-03-02ORDINANCE NO. 524 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REPEALING THE ZONING ORDINANCE-BASED GREEN BUILDING
REGULATIONS CONTAINED IN TITLE IV, CHAPTER 16 (ZONING) OF THE
TIBURON MUNICIPAL CODE
WHEREAS, Article IX of Chapter 16 (Zoning) of the Tiburon Municipal Code sets forth
green building regulations for the Town of Tiburon; and
WHEREAS, the Town of Tiburon is obligated under state law to adopt a new
construction code, known as CALGreen, that provides more stringent green building standards
than are set forth in the Town's green building regulations in Article IX; and
WHEREAS, state law requires that local amendments to building code may not be less
stringent than those contained within the state-adopted code, thereby necessitating the repeal of
the Town's Green Building provisions contained in Article IX and referenced in other sections of
the Zoning Ordinance; and
WHEREAS, the Town Council finds that adoption of the ordinance is exempt from the
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the
CEQA Guidelines; and
WHEREAS, the Town Council hereby adopts this ordinance in order to promote and
protect the public health, safety, and general welfare and achieve compliance with state-
mandated construction codes.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows:
Section 1. Repeal.
The following portions of Title IV, Chapter 16 of the Tiburon Municipal Code are hereby
repealed:
A. Article IX (Green Building) of Title IV, Chapter 16 (Zoning) of the Tiburon
Municipal Code is repealed in its entirety, including from the Table of Contents.
Town of Tiburon Ordinance No. 524 N. S. Effective 0410112011 Page 1 of 2
B. Article V, Section 16-52.020 (E) (5) is repealed.
C. Article VI, Section 16-66.020 (C) (4) is repealed.
D. Article X, Section 16-100-020 (C), the definition of "Certified green building rater" is
repealed.
E. Article X, Section 16-100-020 (G), the definition of "Green building rating checklist"
is repealed.
Section 2. Publication and 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 passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on February 16, 2011, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on March 2, 2011 by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEF AVIT IMAYOR
TO OFT URON
ATTEST: l
DIANE L. CRANE IACOPI, TOWN CLERK
S: Udministration I Town Council/Ordinances/2011
Town of Tiburon Ordinance No. 524 N. S. Effective 0410112011 Page 2 of 2