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HomeMy WebLinkAbout2012-03-27; City Council; CS-175; Water Efficient Landscape Manual...1 ORDINANCE NO. CS-175 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALiFORNIA, APPROVING A MUNICIPAL CODE 3 AMENDMENT TO REPEAL AND RE-ENACT CHAPTER 18.50 - WATER EFFICIENT LANDSCAPE OF THE CARLSBAD 4 MUNICIPAL CODE. CASE NAME: WATER EFFICIENT LANDSCAPE MANUAL 5 CASENQ.: MCA 11-01 6 WHEREAS, in 2006 the State of California adopted the Water Conservation in 7 Landscaping Act, Government Code Sections 65591 et seq. to provide for greater efforts at 8 water conservation and more efficient use of water in landscaping; and 9 WHEREAS, on September 10, 2009, the Department of Water Resources 10 adopted a State Model Water Efficient Landscape Ordinance (MWELO) as required under the 11 Water Conservation in Landscaping Act; and 12 WHEREAS, on May 11, 2010, the City Council adopted a Water EfTicient 13 Landscape Ordinance - Carlsbad Municipal Code Chapter 18.50 (CMC Chapter 18.50) in 14 accordance with Government Code Section 65595 which required local agencies to adopt a 1^ water efficient landscape ordinance that is equivalent to or at least as effective as the State 1^ MWELO developed by the Department of Water Resources in accordance with the legislative 1^ amendment AB 1881, 2006 Stats Chapter 559 enacting the Water Conservation in Landscaping Act (2006); and WHEREAS, the City Council desires to remove the technical details and procedures from CMC Chapter 18.50 and instead place those requirements into the City of Carlsbad Landscape Manual Policies and Requirements as set forth in the companion 22 „ , K.2012-060 . Resolution No ; and 23 24 25 26 27 28 WHEREAS, CMC Chapter 18.50 incorporates by reference the Landscape Manual Policies and Requirements. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: Section I: That Chapter 18.50 of the Carlsbad Municipal Code is repealed in its entirety and re-enacted as follows: 3 1 Section II: 2 Chapter 18.50 3 WATER EFFICIENT LANDSCAPE 4 Sections: 18.50.010 Purpose. 5 18.50.020 Authority. 18.50.030 Incorporation of the landscape manual by reference. 6 18.50.040 Findings. 18.50.050 Definitions. 7 18.50.060 Applicability. 18.50.070 Recycled water. 8 18.50.080 Waste water prevention. 18.50.090 Enforcement. 9 18.50.100 Fees. 10 18.50.010 Purpose. A. The State Legislature determined in the Water Conservation in Landscaping Act (the "Act"), Government Code sections 65591 et seq., that the State's water resources are in limited supply. The Legislature also recognized that while landscaping is essential to the quality of life in California, landscape design, installation, maintenance and management must be water efficient. The general purpose of this chapter is to establish water use standards for landscaping in the city of Carlsbad that implement legislative amendment AB 1881, 2006 Stats Chapter 559 enacting the Act; and the 2006 development landscape design requirements established by the Act. Consistent with the Legislature's findings, the purpose of this ordinance is to: 1. Promote the values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible; 2. Establish a structure for planning, designing, installing, maintaining, and . 7 managing water efficient landscapes in new construction; 3. Promote the use, when available, of treated recycled water, for irrigating , o landscaping; 4. Use water efficiently without waste by setting a Maximum Applied Water Allowance (MAWA) as an upper limit for water use and reduce water use for landscaping to the lowest practical amount; and 5. Encourage water users of existing landscapes to use water efficiently and without waste. 21 18.50.020 Authority. 22 The city planner or designee, shall administer this chapter. 23 18.50.030 Incorporation ofthe landscape manual by reference. The City of Carlsbad Landscape Manual Policies and Requirements "Landscape 24 Manual" is incorporated by reference into this chapter. Should any provision of the landscape manual conflict with any provision of this chapter, the provisions of this chapter shall control. 25 18.50.040 Findings. 25 This chapter implements the Act. The requirements of this chapter reduce water use associated with irrigation of outdoor landscaping by setting a maximum amount of water to be 27 applied to landscaping. The landscape manual contains the technical procedures related to the planning, design, installation, maintenance and management of water efficient landscapes 28 6 1 consistent with the water allowance. The provisions contained in this ordinance and/or the landscape manual are equivalent to and at least as effective as the provisions of the state 2 Model Water Efficient Landscape Ordinance because the calculation of MAWA and the resulting restrictions on irrigation and process are similar, but have been modified to account for 3 Carlsbad's existing regulatory procedures. 4 18.50.050 Definitions. A. Whenever the following terms are used in this chapter, they shall have the ^ meaning established by this section: 1. "Building pemnit" is as defined in Section 18.04.015 of this code. 2. "Developer" means a person who seeks or receives permits for or who ^ undertakes land development activities who is not a single family homeowner. Developer includes a developer's partner, associate, employee, consultant, trustee or agent. 3 3. "Discretionary pemnit" means any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval or denial. 9 4. "ET adjustment factor" (ETAF) means a factor that when applied to reference ETo, adjusts for plant water requirements and imgation efficiency, two major influences on the 10 amount of water that is required for a healthy landscape. 5. "Evapotranspiration" (ETo) means the quantity of water evaporated from adjacent 11 soil and other surfaces and transpired by plants during a specified time period. "Reference evapotranspiration" means a standard measurement of environmental parameters which affect 12 the water use of plants. ETo is given in inches per day, month, or year and is an estimate of the ETo of a large field of four inches to seven inches tall, cool season turf that is well watered. 13 Reference ETo is used as the basis of determining the MAWA so that regional differences in climate can be accommodated. 14 6. "Grading permit" means the document issued by the city engineer pursuant to Carlsbad Municipal Code Section 15.16.110. 7. "Homeowner-provided landscaping" means landscaping installed either by a homeowner or a licensed contractor hired by a homeowner for a single-family residence. 8. "Landscaped area" means an area with plants, turfgrass and/or other vegetation, ly A landscaped area includes a water feature either in an area with vegetation or that stands alone. A landscaped area may also include design features adjacent to an area with vegetation, lg provided that the features are integrated into the design of the landscape area and the primary purpose of the features are decorative. A landscaped area does not include the footprint of a 19 building, decks, patio, sidewalk, driveway, parking lot or other hardscape. A landscaped area also does not include an area without irrigation designated for non-development such as 20 designated open space or area with existing native vegetation. The landscaped area refers to the area to be landscaped as part of the work for which the current approval by the city is being 21 sought. 9. "Landscape Manual" means the manual, approved by City Council Resolution 22 No. 2012-060 as amended from time to time, which establishes specific design criteria and guidance to implement the requirements of this chapter. 23 10. "Licensed" means licensed by the State of Califomia. 11. "Maximum Applied Water Allowance" (MAWA) means the maximum allowed 24 annual water use for a specific landscaped area based on the square footage of the area, the ETAF and the reference ETo. 2^ 12. "Public water purveyor" means a public utility, municipal water district, municipal 25 imgation district or municipality that delivers water to customers. 13. "Recycled water", sometimes referred to as reclaimed water, means water 27 obtained from the treatment of domestic water waste which is suitable for direct beneficial use or a controlled use that otherwise would not occur and also meets the highest level in 16 28 -3- 6 1 conformance with California Code of Regulations, Title 22, Division 4, Chapter 3 (use of recycled water for irrigation and for impoundments), currently section 60304 and section 60305. 2 14. "Turfgrass" means a groundcover surface of mowed grasses such as bermuda, bluegrass, fescue, rye, St. Augustine, zoyzia, and other mowed turfgrasses or hybrid derivatives 3 of such turfgrasses that are typically used for a recreational use. 5 8 9 10 13 4 18.50.060 Applicability. A. This chapter, together with the landscape manual, shall apply to the following project types which require a landscape plan in conjunction with a building permit, grading permit or a discretionary permit: " 1. New commercial, industrial, institutional, or multi-family residential projects where the total landscaped area for the development is 2,500 square feet or more. 2. Developer-installed residential and common area landscapes where the total landscaped area for the development is 2,500 square feet or more. 3. A new single-family residence with homeowner-provided landscaping where the landscaped area is 5,000 square feet or more. 4. A model home that includes a landscaped area. 5. A public agency project, including, but not limited to public parks and recreation facilities, maintenance districts, and street medians which contain a landscaped area of 2,500 ,. square feet or more. 6. A rehabilitated landscape for an existing commercial, industrial, institutional, . 2 public agency, or multifamily use where a building permit or discretionary permit is being issued and the applicant is installing or modifying 2,500 square feet or more of landscaping. B. The following development types are exempt from the requirement for a Water Efficient Landscape Worksheet. However, this does not relieve these project types from 14 compliance with all other applicable sections of the landscape manual: 1. A new single-family residence with homeowner-provided landscaping, where the |r landscape area is less than 5,000 square feet. 2. A registered local. State or Federal historical site. 3. An ecological restoration project that does not require a permanent irrigation system. ly 4. A mined land reclamation project that does not require a permanent irrigation system, lg 5. A botanical garden or arboretum that is open to the public. 19 18.50.070 Recycled water. A. A person who obtains a permit for a project that is subject to this chapter shall 20 use recycled water for irrigation when recycled water is available from the water purveyor who supplies water to the property for which the City of Carlsbad issues a permit. 21 B. This section does not excuse a person or entity which uses recycled water from complying with all state and local laws and regulations related to recycled water use. 22 18.50.080 Water waste prevention. 23 A. No person shall use water for irrigation that, where due to runoff, low head drainage, overspray or other similar condition, results in irrigation water that flows onto adjacent 24 property, non-irrigated areas, structures, walkways, roadways or other paved areas. B. No person whose landscape is subject to a landscape approval pursuant to this 25 chapter shall apply water to the landscape in excess of the MAWA. 26 /// 27 /// 28 1 18.50.090 Enforcement. A. The city manager, or designee, shall invesfigate and enforce this chapter. Any 2 city authorized personnel or enforcement officer may exercise any enforcement powers as set forth in Chapters 1.08 and 1.10 of the Carlsbad Municipal Code. 3 B. Upon approval of the City Council, the city manager, or designee, may delegate to or enter into a contract with a local agency or other person to implement and administer any 4 of the provisions of this chapter on behalf of the City. 5 18.50.100 Fees. A. An applicant for a project subject to this chapter shall include with the application, 6 all fees established by the city council by resolution to cover the city's cost to review an application, any required landscape documentation package and any other documents that the 7 city staff reviews pursuant to the requirements of this chapter and the landscape manual. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a Regular Meeting ofthe Carlsbad City Council on the 13th day of March 2012, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of March 2012 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attomey ATTEST: ORRAINE M. WOOD, City Clerk (SEAL)