Loading...
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. Ordinance No. 23-1070 Page 2of6 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. Ordinance No. 23-1070 Page 3of6 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. Ordinance No. 23-1070 Page 4 of 6 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. Ordinance No. 23-1070 Page 5 of 6 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 Ordinance No. 23-1070 Page 6of6 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