HomeMy Public PortalAboutCity Council_Ordinance No. 23-1070_Amending Title 9, Chapter 1 of the TCMC related to Artificial Turf, Landscape and Hardscape Standards_4/18/2023_RegularORDINANCE NO. 23-1070
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1
OF THE TEMPLE CITY MUNICIPAL CODE RELATED TO
ARTIFICIAL TURF, LANDSCAPE, AND HARDSCAPE
STANDARDS
WHEREAS, the City of Temple City ("City") has adopted a General Plan to ensure a well -
planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the
General Plan; and
WHEREAS, State law requires that the Temple City Zoning Code, found in Title 9, Chapter
1 of the Temple City Municipal Code ("TCMC"), conform with the General Plan's goals and
policies; and
WHEREAS, it is necessary from time to time to update the Temple City Zoning Code to
bring it into conformity with State law and to address public health, safety, and welfare concerns
that have arisen since the last update; and
WHEREAS, Government Code Section 53087.7 grants the City the authority to enact
reasonable restrictions on the type of artificial turf and synthetic grass that may be installed on
residential property, and the method of its installation, but prohibits the City from banning the
installation of artificial turf and synthetic grass; and
WHEREAS, the City Council desires to ensure its residents are adequately protected from
the health and safety impacts that unregulated artificial turf may pose to the City.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS:
SECTION 1: ZONING CODE AMENDMENT FINDINGS PER SECTION 9-1C-6.I.7.A
The City Council finds:
A. The proposed amendment is consistent with the general plan and any applicable
specific plan as provided by Government Code section 65860.
These amendments are consistent with the policies of the General Plan. They ensure that
land uses and urban design practices reduce water consumption, pollution, greenhouse
gas emissions and reduce the heat island effect (Land Use Goal LU 7.1). They ensure
the compatibility of new development with existing development (LU 4.1 and 4.7), maintain
the character of the existing neighborhoods (LU 9.1 and 9.2). The Natural Resources
element of the General Plan also addresses landscaping that minimizes the need for
herbicides and pesticides and provides food, water, habitat, and nesting sites for birds and
other beneficial insects that help maintain the environmental resources and restore the
larger ecosystem (Natural Resources Goal NR 5.4). Therefore, this finding can be made.
B. The proposed amendment will not be detrimental to the public health, safety, or welfare
of the city.
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The purpose of the proposed change is to improve the public health, safety and welfare.
The proposed changes will allow for additional water conservation while protecting the
city's environment and while addressing neighborhood compatibility standards. Therefore,
this finding can be made.
C. The proposed amendment is consistent with other applicable provisions of this Zoning
Code.
The proposed changes address artificial turf utilization in all of the city's residential zones
and places standards on installation, maintenance, and such on artificial turf throughout
the City. The proposed changes are consistent with regulations throughout the Zoning
Code.
SECTION 2: AMENDMENT OF SECTION 9-1G-12 OF CHAPTER 1 OF TITLE 9 OF THE TCMC
Section 9-1G-12 of the TCMC (ZONE DISTRICT RESIDENTIAL DEVELOPMENT STANDARDS)
is amended as follows, with additions in underline and deletions in strikethrough. All other
contents of this section will remain unchanged.
H. Landscape and Hardscape Requirements:
1. Hardscape (including walkways and driveways made of asphalt, concrete, pavers, or
decomposed granite) must not exceed ten -per -Gent -(40°,44 forty-five percent (45%) of the
front yard.
2. A combination of trees, shrubs, and ground cover must be incorporated into
landscaping plans for new houses.
a. One (1), thirty -six-inch (36") box tree per two thousand five hundred (2,500)
square feet of lot area must be provided. Fractions are rounded up from .5 to the
nearest whole number. Existing trees onsite that are of equivalent size may be
counted towards this requirement. All other trees should be twenty -four -inch (24")
boxes.
b. Shrubs must be five (5) -gallons.
c. Landscape plans must be prepared by a licensed landscaped architect.
3. All landscaped areas and materials must be regularly and properly maintained.
4. Mulch or stone -type materials should be placed between plants as ground cover or
backdrop, not as a replacement for live vegetation. Plants should be spaced so that at
maturity, the plants eventually cover most, if not all, of the mulch or stone material.
The front yard ssaped-area must include a minimum of ° twenty-
two percent (22%), live vegetation.
6. °
° See Section
9-1N-11 (Artificial Turf) for regulations related to artificial turf, including maximum
coverage.
7. The use of mounding grasses such as Festuca californica, Festuca rubra, and Carex
pansa are preferred.
8. For new construction, bgare dirt is not permitted within the front yard or visible street
side yard. All bare dirt areas must be finished with a minimum three-inch (3") -thick layer
of mulch, organic bark, or earth -tone -colored rubber bark.
9. Rocks, stones, and pebbles are not to be used near public sidewalks or streets
because they are a slipping hazard.
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10. Dry stream beds, ape areas of decomposed granite, or stone must not account for
more than twenty percent (20%) of the front or rear yard, unless needed to meet low
impact development (LID) requirements.
11. Paved pathways to tho front door should be no more than four feet (4') wide, and all
a-211. No more than twelve feet (12') of the vehicular access to the garage may consist
of hardscape; the remaining four feet (4') on either side must consist of landscaping.
SECTION 3: AMENDMENT OF SECTION 9 -1G -22.G OF CHAPTER 1 OF TITLE 9 OF THE
TCMC
Section 9 -1G -22.G of the TCMC (R-2 ZONE DISTRICT RESIDENTIAL DEVELOPMENT
STANDARDS) is amended as follows, with additions in underline and deletions in strikethrough.
All other contents of this section will remain unchanged.
4. Artificial t„rf is limited 4n ne mere than thirty fortv_4hree percent (30 AQ%) coverage of
an rv�ur-tia
See Section 9-1 N-11 (Artificial Turf) for regulations related
to artificial turf, including maximum coverage.
SECTION 4: AMENDMENT OF SECTION 9 -1G -32.G OF CHAPTER 1 OF TITLE 9 OF THE
TCMC
Section 9 -1G -32.G of the TCMC (R-3 ZONE DISTRICT RESIDENTIAL DEVELOPMENT
STANDARDS) is amended as follows, with additions in underline and deletions in strikethrough.
All other contents of this section will remain unchanged.
1. At minimum, twenty-five percent (25%) of the lot area must be landscaped. The
landscaped area must include a minimum of seventy percent (70%) of live vegetation.
Live vegetation includes lawn areas, shrubs, and flowerbeds and does not include
permeable pavers, turf block, or grasscrete. Artificial turf is limited to no more than thirty
fort three percent (30 43%) coverage of the front yard or the rear yard. See Section 9-
1 N-11 (Artificial Turf) for regulations related to artificial turf, including maximum coverage.
SECTION 5: ADDITION OF SECTION 9-1 N-11 TO CHAPTER 1 OF TITLE 9 OF THE TCMC
Section 9-1 N-11 is added to Chapter 1 of Title 9 of the TCMC to read as follows:
9-1N-11: ARTIFICIAL TURF:
A. Definitions: The words, phrases and terms will be deemed to have the meanings ascribed to
them as follows:
1. ARTIFICIAL TURF: A synthetically derived product that simulates the appearance of
natural live grass. To be used, ARTIFICIAL TURF must meet minimum standards for
materials, installation, and maintenance.
B. Material Standards: Artificial turf must meet the following requirements related to the quality
of the material.
1. Warranty: Artificial turf must have a minimum eight -year no -fade warranty as issued
by the manufacturer.
2. Pile Height: Artificial turf installed in the front yard and portions of the corner side yard
visible from the public right of way must have a minimum pile height of one and two-
thirds inches, with parallel long slit blades.
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3. Two Colors: In the front yard and portions of the corner side yard visible from the public
right of way, the synthetic turf blades (not including the thatch layer) must contain at
least two natural green colors.
4. Thatch Layer: In the front yard and portions of the corner side yard visible from the
public right of way, the artificial turf must contain a beige or tan thatch layer.
5. Percolation: Artificial turf must be affixed to a permeable triple -layer backing and allow
water to percolate through the synthetic grass at a drain rate of at least 30 inches per
hour, to an adequate drainage system installed underneath the artificial turf to prevent
run-off, pooling and flooding.
6. Heavy Metals: The artificial turf must comply with all federal and state standards
related to lead and heavy metal content.
7. Fill Material: The fill material must be of silica sand or zeolite material that is brushed
in to keep the blades upright and achieve a natural grass look. Any replacement fill
must be the same. The use of rubber crumb infill is prohibited.
8. Strength & Durability: The artificial turf must be constructed to maximize dimensional
stability, resist damage during normal use and minimize UV degradation with a tear
grab strength of at least 200 pounds. It must be resistant to staining, weather, insects,
rot, mildew, and fungus and must be non -allergenic and non-toxic and able to pass the
pill burn test for flammability.
9. Prohibited Materials: In the front yard and portions of the corner side yard visible from
the public right of way, the use of indoor/outdoor carpeting, and artificial shrubs,
flowers, tress, and vines instead of natural plantings is prohibited.
C. Installation: Artificial turf must be installed pursuant to manufacturer requirements by a
licensed professional with experience in the installation of artificial turf. Installation must meet
the following requirements.
1. Site Preparation: Installation must include removal of all existing plant material and
three inches of a compacted aggregate base that provides adequate drainage and
ensures stability.
2. Drainage: The area must be sloped and graded to prevent excessive pooling, runoff,
or flooding onto an adjacent property. Artificial turf areas must be sufficiently drained to
live planting areas to provide complete infiltration of runoff.
3. Anchoring: Artificial turf must be permanently anchored over the entire coverage area
with nails and glue, and all seams must be nailed, or sewn and glued so as to conceal
the edges, with the grain pointing a single direction.
4. Existing Irrigation: All existing irrigation infrastructure in the covered area, including
piping and sprinkler heads that are no longer used must be capped or removed and
must not be visible.
5. Separation from Landscaping: Artificial turf must be separated from live planting areas
by a barrier such as a mow strip or bender board to prevent mixing of natural plant
materials and artificial turf.
6. Protect Trees: All efforts must be made to protect existing trees and tree roots from
damage during installation.
D. Maintenance: Artificial turf must be maintained in an attractive and clean, unfaded condition
free of weeds, stains, debris, tears, holes, depressions, ruts, odors and looseness at edges
and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed
and replaced in a manner that results in consistent appearance with the existing artificial
turf. The artificial turf surface must be replaced once it is unable to be maintained as required.
Vehicle parking on artificial turf is prohibited.
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E. Location: Artificial turf must meet the following location standards.
1. Trees: Artificial turf may not be installed within a five-foot diameter of the trunk of any
tree, including trees in the public right of way or on adjacent properties.
2. Parkways: Artificial turf is prohibited in all parkways.
3. Other Setbacks:
a. Front Yards: In the front yard, artificial turf must be three (3) feet from the walls of
the structure (not counting bay windows and other cantilevers) and the side and
front property lines. When a sidewalk is not present, no setback is required from
the artificial turf to the front property line.
b. Visible Corner Side Yards: In portions of the corner side yard that are visible from
the public right of way, artificial turf must be three feet from any structure and no
setback is required from the property line.
c. Non -Visible Corner Side Yards: In portions of the corner side yard that are not
visible from the public right of way, no setbacks will apply to artificial turf.
F. Coverage: Artificial turf must not exceed forty-three percent (43%) coverage of the front
yard.
G. Minor Exception: The Community Development Director may approve requests to reduce
the setbacks shown above in 9-1 N -11.E.3, through a minor exception. The regular findings
of the minor exception are not required in these cases. All the following findings will apply.
1. The design results in a higher quality design aesthetic.
2. The minor exception will not establish an undesirable precedent.
3. In cases where an exception to the setback requirement is requested, additional
setbacks are provided in other areas so that the average setback is approximately three
feet.
SECTION 6: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City Council finds that this Ordinance is not subject to environmental review under the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections
15061(b)(3) because it can be seen with certainty that the Ordinance has no possibility of a
significant effect on the environment. It can be seen with certainty that it will not result in any
physical changes in the environment. Anything approved per these code sections would not be
considered a "project" under CEQA, would be exempt under CEQA as a class 1, class 3, class 4,
or class 5 exemption, or would be entirely too speculative and would undergo its own CEQA
review at the time an application is submitted. Class 1 consists of minor alterations or private
facilities involving negligible or no expansion of existing uses and maintenance of existing
landscaping. Class 3 consists of construction of new, small facilities or structures up to three
single-family structures or four multi -family dwelling units. Class 4 consists of minor alterations
to land uses, including new gardening and landscaping. Class 5 consists of minor alterations to
land use limitations.
SECTION 7. SEVERABILITY
The City Council declares that, should any provision, section, subsection, paragraph, sentence,
clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or
unconstitutional by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, such decision or action will not affect the validity of the remaining section
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or portions of the Ordinance or part thereof. The City Council declares that it would have
independently adopted the remaining provisions, sections, subsections, paragraphs, sentences,
clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more
provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be
declared invalid or unconstitutional.
SECTION 8: CERTIFICATION AND PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by
the Mayor and shall cause the same to be published according to law.
1, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance
No. 23-1070 was introduced at the regular meeting of the City Council of the City of Temple City
held on the 4th day of April, 2023 and was duly passed, approved and adopted by said Council
at the regular meeting held on April 18th, 2023 by the following vote:
AYES: Councilmember—Vizcarra, Yu, Chavez, Man
NOES: Councilmember — None
ABSENT: Councilmember — Sternquist
ABSTAIN: Councilmember—None
ATTEST:
Peggy Kuo, Ci y Jerk
L1% I y f 7-vz-
William Man, Mayor
APPROVED AS TC2.FORM:
Greg Murphy, City AttBrneyy