RESOLUTION NO. PR 24-07
A RESOLUTION OF THE CITY OF SAN MARINO PLANNIG COMISION RECOMMENDING ADOPTION OF ORDINANCE NO. O-24-1413 OF THE
CITY COUNCIL OF THE CITY OF SAN MARINO PROHIBITING THE
INSTALLATION OF ARTIFICIAL TURF AND SYNTHETIC GRASS IN THE
CITY OF SAN MARINO BY AMENDING SAN MARINO MUNICIPAL
CODE SECTIONS 14.18.07 (MAINTENANCE) AND 23.16.03
(DEFINITIONS) AND ADDING MUNICIPAL CODE SECTION 23.16.24 (PROHIBITION ON ARTIFICIAL TURF AND GRASS)
THE PLANNING COMMISSION OF THE CITY OF SAN MARINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, pursuant to Government Code section 65858, the City adopted a temporary moratorium (Urgency Ordinance No. 0-21-1385-U) prohibiting the installation of artificial turf or synthetic grass within the City at its September 13, 2023 City Council meeting, finding that the unregulated installation of artificial turf and synthetic grass poses a current and immediate threat to the public health, safety, and welfare of the residents of the City; and
WHEREAS, pursuant to Government Code section 65858, the moratorium lasts for a period of 45 days, unless extended after conducting a public hearing; and WHEREAS, the City Council extended the moratorium at its October 27, 2023 meeting until September 12, 2024; and
WHEREAS, it is known to the City that certain types of artificial turf and synthetic grass create impenetrable barriers which prohibit or severely limit the absorption of ground water, and when unmitigated, create the serious risk of overwhelming the capacity of the City's stormwater drainage system that has been designed under flow analysis, projections, and assumptions that did not take into account impermeable artificial turf and synthetic grass being installed throughout the City; and WHEREAS, numerous studies, including an on-going study by the California Office of Environmental Health Hazard Assessment, have identified that artificial turf and synthetic grass contain a wide range of chemicals depending on their source materials, which have the capability to leach into the environment and cause irreparable damage to the City' ecosystem and watershed; and
WHEREAS, there are additionally other unknown health impacts that artificial turf and synthetic grass pose to residents, especially children, given the wide-ranging types of chemicals found in artificial turf and synthetic grass, including chemicals that are known to be toxic and cause cancer, and left completely unregulated, the discharge of such chemicals could pose health risks to residents; and
WHEREAS, the state of California continuously experiences cycles of drought which create an increased demand for drought tolerant landscaping, including artificial turf and synthetic grass and some property owners have recently installed synthetic grass on their properties; and
WHEREAS, Government Code section 53087.7 prohibits the City from banning the installation of “drought-tolerant landscaping using living plant material on residential property;” and
WHEREAS, Governor Newsom signed Senate Bill 676 into law on October 8, 2023, which amended Government Code section 53087.7 to exclude artificial turf and synthetic grass from the definition of “drought-tolerant landscaping;” and WHEREAS, under the police powers granted to it by the California Constitution, the City has the authority to enact laws to promote the health, safety, and general welfare of its residents; and
WHEREAS, the City desires to prohibit the installation of artificial turf and synthetic landscaping as permitted by Senate Bill 676.
SECTION 2. CONSISTENCY WITH GENERAL PLAN
The Planning Commission finds that the proposed amendments to the Municipal Code are consistent with the objectives, principles, and standards of the General Plan, specifically Section 3 (Tree Preservation) and its goal of having “well designed, well maintained, and mature landscaping on residential properties[]” and Objective NR. 14 (Maintain existing urban forest), Objective NR. 17 (Ensure that new construction projects have landscaping that is compatible with the surrounding neighborhood), Section 4 (Water) and Objective NR.18 (Comply with requirements of the urban water management plan adopted by the water agency) and Objective NR. 19. (Coordinate efforts with the water agency to support supply, production and distribution to San Marino residents and businesses, and public agencies).
SECTION 3. RECOMMENDATION OF ADOPTION OF ORDINANCE NO. O-24-1413 The Planning Commission does hereby recommend to the City Council the adoption of Ordinance No. O-24-1413 amending the Municipal Code to prohibit artificial turf, as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.
SECTION 4. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. CEQA.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the California Environmental Quality Act (CEQA) Guidelines. The ordinance, which prohibits the installation of artificial turf and synthetic grass in the City is not subject to CEQA review because the activity is not a project as defined in Section 15378 of the CEQA Guidelines.
CEQA Guidelines Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of San Marino held on August 28, 2024. ________________________
SHELLY BOYLE
CHAIR
ATTEST:
_________________________
CITY CLERK
ISIDRO FIGUEROA,
Secretary, San Marino Planning Commission