HomeMy WebLinkAboutTC Ord 2011-09-07ORDINANCE NO. 532 N. S.
AN ORDINANCE OF THE TOWN COUNCIL -OF THE TOWN OF TIBURON
AMENDING TITLE IV, CHAPTER 13E (WATER EFFICIENT LANDSCAPE)
OF THE MUNICIPAL CODE AND ADOPTING BY REFERENCE MARIN
MUNICIPAL WATER DISTRICT (MMWD) ORDINANCE NO. 421
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 August 3, 2011 and September 7,
2011 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 amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare, and are
necessary to comply with state law.
D. The Town Council has found that the amendment 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. Amendment.
Title IV, Chapter 13E of the Tiburon Municipal Code is amended as follows:
A. Section 13E-1 is amended to read as follows:
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Section 13E-1. Purpose and Authority.
As mandated under State Government Code Section 65595(c), 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. The purpose of this chapter 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. 421
(Water Conservation), and any amendments or successors thereto, and designate
MMWD, the local water provider, to implement, enforce, and monitor its
requirements. 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.
B. Section 13E-2 is amended to read as follows:
Section 13E-2. Adoption by Reference of Marin Municipal Water District
Ordinance No. 421.
(a) Pursuant to Government Code Section 50022.2. Marin Municipal Water
District Ordinance No. 421, including amendments and successors thereto, is
hereby adopted by reference and shall be in full force and effect within the Town
of Tiburon. Said Ordinance No. 421 shall be applicable to projects that are
subject to the water efficient 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
Town of Tiburon Ordinance No. 532 N. S. Effective 101712011
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or greater than 1,000 square feet requiring a building or landscaping
permit, plan check or design review; and
(2) New construction and rehabilitated landscapes that are developer
or contractor-installed in single family, two-family and multi-family
residential projects with a landscape area equal to or greater than 1,000
square feet requiring a building or landscape permit, plan check or design
review; and
(3) New construction and rehabilitated landscapes that are
homeowner-provided in single family, two-family, and multi-family
residential projects with a total project landscape area equal to or greater
than 2,500 square feet requiring a building or landscaping permit, plan
check or design review.
(b) For the purpose of administering these regulations, the Town of Tiburon
hereby designates MMWD, the local water provider, to implement, enforce, and
monitor the requirements therein.
(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
the applicable MMWD regulations adopted by reference herein. The
process for application review of applicable projects and compliance with
applicable MMWD regulations shall be as follows:
a. The application and plans submitted to the Town shall be
designed in accordance with MMWD Ordinance 421 and any
amendments or successor ordinances thereto;
b. The permit approval shall include a condition or conditions
that include the following:
1. The final landscape and irrigation plans must
comply with the current water efficient landscape
requirements of MMWD.
2. The construction plans submitted to the Town for
the issuance of a building permit/grading permit must be
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pre-approved by MMWD with the submitted plans stamped
as approved by MMWD.
3. The building permit application must be
accompanied by a letter from MMWD approving the
landscape and irrigation plans.
4. If the MMWD-approved plans substantially differ
from the Town-approved plans, these differences may
require additional review through the Town's design review
permit process and/or a revision to the Town's permit.
5. The applicant is responsible for contacting MMWD
for all inspections, approval and sign-off on landscape and
irrigation installation. Upon approval, MMWD shall issue
a Certificate of Completion, which must be submitted to the
Planning Division before building permit final sign-off or a
Certificate of Occupancy is issued by the Tiburon
Community Development Department.
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. 421 and any amendments or
successors thereto.
(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. 421 and any amendments or
successors thereto. All enforcement actions for ordinance non-compliance
or violations shall be administered by MMWD.
C. Section 13E-3 is amended to read as follows:
13E-3. Designation of Marin Municipal Water District for Enforcement.
The Marin Municipal Water District, as the Town's local water provider, is
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hereby designated as the implementing and enforcement agency for provisions of
Ordinance No. 421 and any amendments or successors thereto.
D. Section 13E-4 is amended to read as follows:
13E-4. Availability of Copies.
Three (3) copies of Marin Municipal Water District Ordinance No. 421, and any
amendments or successors thereto, shall be kept on file for public review in the
office of the Tiburon Town Clerk.
Section 3. 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 4.
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 first read and introduced at a regular meeting of the Town Council of
the Town of Tiburon on August 3, 2011, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon on September 7, 2011, which was noticed
pursuant to Government Code Sections 6066 and 50022.3, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Frederick, Fraser, O'Donnell & Slavitz
None
Collins
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ATTEST:
1
DIANE CRANE IACOPI, TOWN CLERK
S: WdministrationlTown CouncihOrdinances1201IlWater Efficient Landscape Chapter 13E; Ord. 532 N.S..doc
Town of Tiburon Ordinance No. 532 N. S. Effective 101712011