Carlsbad Municipal Code Ch. 18.50 Water Efficient Landscape

Note: Prior ordinance history: Ord. Nos. CS-089 and CS-164.

A. The state legislature determined in the Water Conservation in Landscaping Act (the "Act"), Government Code Section 65591 et seq., that the state's water resources are in limited supply and are subject to ever increasing demands, and that California's continued economic prosperity is dependent on adequate supplies of water being available for future uses. 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 chapter is to:

1. Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

2. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

3. Promote the use, when available, of treated recycled water, for irrigating 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.

B. Landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve Carlsbad's environmental conditions and provide benefits realizing sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the purpose of this chapter, conditions in the urban setting will be improved by:

1. Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and aesthetic benefits.

2. Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum-based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas.

3. Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment.

4. Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion.

5. Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted non-natives and avoiding invasive plants. Utilizing integrated pest management with least toxic methods as the first course of action.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

The City Planner or designee, shall administer this chapter.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

The City of Carlsbad Landscape Manual Policies and Requirements ("Landscape 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.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

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 applied to landscaping. The Landscape Manual contains the technical procedures related to the planning, design, installation, maintenance and management of water efficient landscapes consistent with the water allowance. The provisions contained in this chapter and/or the Landscape Manual are equivalent to and at least as effective as the provisions of the State 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 Carlsbad's existing regulatory procedures.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

"Building permit"

is as defined in Section 18.04.015 of this code.

"Compost"

means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

"Discretionary permit"

means any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval or denial.

"ET adjustment factor (ETAF)"

means a factor that when applied to reference ETo, adjusts for plant water requirements and irrigation efficiency, two major influences on the amount of water that is required for a healthy landscape.

"Evapotranspiration (ETo)"

means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time period. "Reference evapotranspiration" means a standard measurement of environmental parameters which affect 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. Reference ETo is used as the basis of determining the MAWA so that regional differences in climate can be accommodated.

"Grading permit"

means the document issued by the City Engineer pursuant to Carlsbad Municipal Code Section 15.16.110.

"Graywater"

means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. (Health and Safety Code Section 17922.12.)

"Homeowner-provided landscaping"

means landscaping installed either by a homeowner or a licensed contractor hired by a homeowner for a single-family residence.

"Landscaped area"

means an area with plants, turfgrass and/or other vegetation. 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, 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 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 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 sought.

"Landscape Manual"

means the manual, approved by City Council Resolution No. 2012-060 as amended from time to time, which establishes specific design criteria and guidance to implement the requirements of this chapter.

"Licensed"

means licensed by the State of California.

"Maximum applied water allowance (MAWA)"

means the maximum allowed annual water use for a specific landscaped area based on the square footage of the area, the ETAF and the reference ETo.

"Recycled water,"

sometimes 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 conformance with California Code of Regulations, Title 22, Division 4, Chapter 3 (use of recycled water for irrigation and for impoundments), currently Sections 60304 and 60305.

"Turfgrass"

means a groundcover surface of mowed grasses such as Bermuda, bluegrass, fescue, rye, St. Augustine, Zoysia, and other mowed turfgrasses or hybrid derivatives of such turfgrasses that are typically used for a recreational use.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

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 development projects where the total landscaped area for the development is 500 square feet or more requiring a building permit, landscaping plan check, design review or discretionary permit.

2. A model home that includes a landscaped area.

3. 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 500 square feet or more.

4. A rehabilitated landscape for a project where a building permit, landscape plan check, design review or discretionary permit is being issued and the applicant is installing or modifying 2,500 square feet or more of landscaping.

5. A project where the total landscaped area for development is less than 2,500 square feet may alternatively conform to the prescriptive requirements as noted in the Landscape Manual.

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 compliance with all other applicable sections of the Landscape Manual:

1. A registered local, state or federal historical site.

2. An ecological restoration project that does not require a permanent irrigation system.

3. A mined land reclamation project that does not require a permanent irrigation system.

4. An existing botanical garden or arboretum that is open to the public.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

A. A person who obtains a permit for a project that is subject to this chapter shall 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.

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.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

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 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 chapter shall apply water to the landscape in excess of the MAWA.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

A. The City Manager, or designee, shall investigate and enforce this chapter. Any 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.

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 of the provisions of this chapter on behalf of the city.

C. Landscapes approved and installed pursuant to the provisions of this chapter shall be maintained in accordance with the policies and requirements of the Landscape Manual. Failure to do so may be subject to enforcement pursuant to the provisions of this section.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

An applicant for a project subject to this chapter shall include with the application, 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 city staff reviews pursuant to the requirements of this chapter and the Landscape Manual.

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)

The city shall report on implementation and enforcement of this chapter to the State Department of Water Resources pursuant to the reporting requirements in the Model Water Efficient Landscape Ordinance (23 CCR Section 495).

(Ord. CS-175 § 1, 2012; Ord. CS-294 § 1, 2016)