HomeMy WebLinkAbout2012-03-27; City Council; 20853; Water Efficient Landscape Manual MCA 11-01CITY OF CARLSBAD - AGENDA BILL 11
AB# 20,853 WATER EFFICIENT LANDSCAPE MANUAL
MCA 11-01
DEPT.DIRECTOR ^
MTG. 3/27/12 WATER EFFICIENT LANDSCAPE MANUAL
MCA 11-01 CITY ATTORNEY
DEPT. Clerk
WATER EFFICIENT LANDSCAPE MANUAL
MCA 11-01
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. 05-175. approving a Municipal Code Amendment (MCA 11-01) to repeal
and re-enact Chapter 18.50 - Water Efficient Landscape ofthe Carlsbad Municipal Code.
ITEM EXPLANATION:
Ordinance No. 05-175 was introduced and first read at the City Council meefing held on March
13, 2012. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adopfion. The City Cleri< will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,836 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
The proposed amendment is exempt from environmental review pursuant to CEQA Section
15307, which exempts activities or regulatory actions that enhance or protect a natural
resource. A nofice of exemption will be filed with the County Cleric upon approval of the project.
EXHIBITS:
1. Ordinance No. 05-175.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz(S).carisbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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 CASE NO.: MCA 11-01
6 WHEREAS, in 2006 the State of California adopted the Water Conservafion 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 Efficient
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
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
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Carisbad Landscape Manual Policies and Requirements as set forth in the companion
22 2012-060
Resolufion No ; and
WHEREAS, CMC Chapter 18.50 incorporates by reference the Landscape
Manual Policies and Requirements.
NOW, THEREFORE, the City Council of the City of Carisbad, California, does
ordain as follows:
Section I: That Chapter 18.50 ofthe Carisbad Municipal Code is repealed in
its entirety and re-enacted as follows:
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.
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10 18.50.010 Purpose.
A. The State Legislature determined in the Water Conservation in Landscaping Act
(the 'Act"), Government Code secfions 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, installafion, 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 Carisbad that implement legislative amendment AB 1881, 2006 Stats
Chapter 559 enacfing 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
managing water efficient landscapes in new construction;
3. Promote the use, when available, of treated recycled water, for irrigating
Jg 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
20 5. Encourage water users of existing landscapes to use water efficiently and without
waste.
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 Carisbad 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.
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18.50.040 Findings.
26 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
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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 Efflcient Landscape Ordinance because the calculafion of MAWA and the resulting
restrictions on imgation and process are similar, but have been modified to account for
3 Carisbad's exisfing 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 permit" is as defined in Secfion 18.04.015 of this code.
2. "Developer" means a person who seeks or receives permits for or who
y 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. "Discrefionary permif means any pennit 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
evapotranspirafion" 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
Carisbad 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 vegetafion or that stands
alone. A landscaped area may also include design features adjacent to an area with vegetation,
Jg 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
ig buiiding, 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 exisfing 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 Resolufion
22 No. 2012-060 as amended from fime to time, which establishes speciflc 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.
12. "Public water purveyor" means a public ufility, municipal water district, municipal
2^ inigation district or municipality that delivers water to customers.
13. "Recycled water", somefimes referred to as reclaimed water, means water
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
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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.
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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, institufional, or multi-family residenfial 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 recreafion
facilities, maintenance districts, and street medians which contain a landscaped area of 2,500
J J square feet or more.
6. A rehabilitated landscape for an exisfing commercial, industrial, institufional,
j2 public agency, or multifamily use where a building permit or discrefionary permit is being issued
and the applicant is installing or modifying 2,500 square feet or more of landscaping,
j^ 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
j4 compliance with all other applicable secfions of the landscape manual:
1. A new single-family residence with homeowner-provided landscaping, where the
j5 landscape area is less than 5,000 square feet.
2. A registered local. State or Federal historical site.
1^ 3. An ecological restoration project that does not require a permanent irrigation
system.
jy 4. A mined land reclamation project that does not require a permanent irrigation
system.
Jg 5. A botanical garden or arboretum that is open to the public.
ig 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 Carisbad 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.
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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.
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1 18.50.090 Enforcement.
A. The city manager, or designee, shall investigate 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 Carisbad 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 resolufion to cover the city's cost to review an
application, any required landscape documentafion package and any other documents that the
7 city staff reviews pursuant to the requirements of this chapter and the landscape manual.
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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 Carisbad within
fifteen days after its adopfion.
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INTRODUCED AND FIRST READ at a Regular Meefing 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 Carisbad 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
()^ r^rgg-ge_
RONALD R. BALL, City Attomey
ATTEST:
ORRAINE M. WOOD, City Clerk
(SEAL)
't, •35' ' X