TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: September 11, 2024
SUBJECT: PUBLIC HEARING TO CONSIDER AN EXTENSION TO AN
URGENCY INTERIM ORDINANCE ESTABLISHING A
MORATORIUM ON THE INSTALLATION OF ARTIFICAL
TURF AND SYNTHETIC GRASS PURSUANT TO
CALIFORNIA CODE SECTION 65858 AND FIRST READING
OF ORDINANCE NO. O-24-1413 AMENDING 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) TO PROHIBIT ARTIFICIAL TURF AND
SYNTHETIC GRASS IN THE CITY
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Attractive, Complementary Business District
Beautiful, Preserved, Single-Family Neighborhoods
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Safe Community
BACKGROUND
Due to concerns expressed by the community in regards to the installation of artificial turf on existing single-family residential properties, especially in light of recent activity and the potential for additional unregulated installations, the City Council adopted an interim urgency ordinance (Ordinance No. O-23- 1408-U) that temporarily prohibited the installation of artificial turf and synthetic grass in the City for forty-five days at its September 13, 2023, Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
meeting.
The City Council extended the moratorium by adopting an interim urgency ordinance (Ordinance No. O-23-1410-U) at its October 27, 2023, regular meeting. This ordinance extended the moratorium for an additional ten months and fifteen days—until September 12, 2024. The temporary moratorium allows City staff the time to research and prepare an ordinance, which would contain development standards and specifications, as well as a process to regulate the installation of artificial turf and synthetic grass.
Previously, Government Code section 53087.7 barred the City from prohibiting the installation of artificial turf and synthetic grass on residential property.
Governor Newsom signed Senate Bill 676 into law on October 8, 2023. Senate Bill 676, which became effective on January 1, 2024, removes the City’s inability to ban the installation of artificial turf and synthetic grass on residential property.
On October 27, 2023, the City Council directed staff to prepare an ordinance that would prohibit the installation of artificial turf and synthetic grass within the City. The City Council also directed staff to include potential exceptions in the draft ordinance that could allow for the installation of artificial turf and synthetic grass to facilitate putting greens (recreational) and to integrate with other hardscape designs generally in addition to driveway pavers such as pool areas, rear yard pavers and other hardscape features.
On August 29, 2024, the Planning Commission conducted a public hearing to review and take public comment on Ordinance No. O-24-1413. The Planning Commission discussed the complete and partial prohibition of the installation of artificial turf and synthetic grass on residential property. The draft Ordinance included a provision that would limit the installation of artificial turf and synthetic grass to the rear yard for recreational purposes such as putting greens with a maximum area not to exceed 200 square feet. The Planning Commission voiced concerns that the partial allowance for the installation of artificial turf and synthetic grass for recreational and decorative purposes would continue to pose a harm to the community for the following reasons:
• Health risks to the community related to the PFAS chemicals (perfluoroalkyl and polyfluoroalkyl substances) and bisphenol A, commonly known as BPA present in artificial turf and synthetic grass; • Potential contamination to the City’s water table and drainage issues; • Lack of natural vegetation due to the construction of residential expansions and accessory dwelling units associated with existing and future State laws that limit outdoor space in smaller lots; • Inconsistent with the City’s adopted Residential Guidelines that identify the use of natural vegetation for landscaping;
• Difficulty of enforcing and monitoring the Ordinance due to limited staff resources;
• Smell and unsightly maintenance issues associated by the use of pets; and
• Out of character with the City’s founding principles of a garden city.
The Planning Commission unanimously voted (5-0) to adopt Planning Commission Resolution No. PCR-24-07, recommending that the City Council adopt Ordinance No. O-24-1413 inclusive of a total prohibition.
DISCUSSION
Urgency Moratorium Ordinance
The extension would continue the moratorium preventing the installation of artificial turf and synthetic grass within the City to accommodate the processing of a permanent ordinance. The extension ordinance would extend the moratorium for one year—the period provided for in Government Code section 65858- or until a permanent change to the interim ordinance is adopted and goes into effect, whichever comes first.
Prohibition on Artificial Turf and Grass Ordinance
On October 27, 2023, the City Council directed staff to prepare an ordinance that would prohibit the installation of artificial turf and synthetic grass with potential exceptions that included:
• Putting greens (recreational);
• Decorative installation for hardscape designs generally in addition to driveway pavers such as pool areas, rear yard pavers and other hardscape features.
The purpose of the Ordinance is to codify the prohibition on artificial turf and synthetic grass in the City and regulate existing installations of artificial turf and synthetic grass. The proposed ordinance would:
• Delete a reference to artificial turf in the yard maintenance section of Municipal Code Section 14.18.07;
• Add identical definitions of “artificial turf” and “synthetic grass” as “[a] man-made surface manufactured from synthetic materials which simulate the appearance of live turf, grass, sod, or lawn” to Municipal Code Section 23.16.03;
• Add Section 23.16.24 to the Municipal Code to prohibit the installation of artificial turf or synthetic grass in the City; and
• Prohibit the installation of artificial landscaping such as, but not limited to trees, hedges, bushes, and other artificial landscape features as determined by the Community Development Director.
The Ordinance will address the maintenance and replacement of existing artificial turf and synthetic grass by the following:
1. Synthetic grass and artificial turf installations damaged or destroyed, by any means, to the extent of thirty-five (35%) percent of its replacement cost new, must be removed and replaced with water-efficient natural landscaping.
2. Existing artificial turf, synthetic grass, artificial plant, or artificial vegetation within the City shall be replaced by natural turf and non-artificial vegetation once it has reached the end of its use.
On August 28, 2024, the Planning Commission unanimously voted to forward a recommendation to the City Council to adopt Ordinance No. O-24-1413 inclusive of a total prohibition. If the City Council decides to move forward with adopting an Ordinance that contains exemptions for the purposes of allowing the installation of artificial turf and synthetic grass for recreational and decorative purposes, staff recommends that the following provisions be included in the Ordinance to regulate such uses:
Recreation area (i.e. putting greens)
This section shall not apply to a designated recreational area limited to no more than 200 square feet located in the rear yard of a residence and must be installed to under the following conditions:
1. Synthetic grass and artificial turf installations must be maintained pursuant to its manufacturer’s maintenance schedule, in an attractive and clean condition, and must not contain holes, tears, stains, discoloration, seam separations, lifted surfaces, loose or separated nap and netting, buckling, heat degradation, or excessive wear.
2. Existing installations must remain tight and flush with subgrade.
3. Existing installations must allow permeability of storm water.
4. Adjacent hardscape, ground cover and natural landscaped areas must be kept free of residual debris from synthetic grass and artificial turf such as plastic blades, netting and crumb rubber.
Pavers
This section shall not apply to driveway pavers if the Community Development Director determines that the driveway has adequate pervious surfaces, which must cover 50% or more of the driveway at a minimum.
CEQA
In accordance with 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.
FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the reallocation of staff resources needed to address this matter, there is no new financial impact.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council conduct a public hearing and then adopt Urgency Ordinance No. O-23-1414-U, by a four-fifths vote, extending the existing moratorium and introduce for first reading Ordinance No. O-24-1413 inclusive of the Planning Commission recommended changes. If the City Council agrees, an appropriate motion would be:
“I move to adopt Urgency Ordinance No. O-24-1414-U, an Urgency Interim Ordinance of the City Council of San Marino Extending the Term of Ordinance No. O-23-1410-U, Establishing a Temporary Moratorium on the Installation of Artificial Turf and Synthetic Grass in the City of San Marino and I move to waive full reading and introduce by title only Ordinance No. O-24-1413, an Ordinance of the San Marino City Council amending Municipal Code Sections 14.18.07 and 23.16.03 and adding Municipal Code Section 23.16.24 to prohibit the installation of artificial turf and synthetic grass in the City.”
ATTACHMENTS
1. Ordinance No. O-24-1414-U
2. Ordinance No. O-24-1413
3. Planning Commission Resolution No. PR 24-07