TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: September 27, 2024
SUBJECT: ADOPTION 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, 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 Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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 becomes 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.
On September 11, 2024, the City Council conducted a public hearing to review and take public comment on the proposed Ordinance. The City Council voted 4-1 on a motion to adopt interim urgency ordinance (Ordinance No. O-23- 1410-U) that temporarily prohibited the installation of artificial turf and synthetic grass in the City. 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.
At the same meeting, the City Council voted 3-2 to waive full reading and introduce by title only Ordinance No. O-24-1413 with amendments to the Ordinance to allow for the installation of a maximum of 200 square feet of artificial turf and synthetic grass only to the rear yard of a residence with the issuance of a building permit to ensure that the installation is completed based on the standards identified within the Ordinance.
The City Council voted 4-1 to reconsider full reading and introduction by title only of Ordinance No. O-24-1413 in order to reexamine the inclusion of an amortization period to remove all legal nonconforming artificial turf and synthetic grass, with the exception of the maximum 200 square feet to the rear yard of a residence. The City Council deliberated the merits of the inclusion of a sunset date and voted unanimously (5-0) to include an amortization period that would require all legal nonconforming artificial turf and synthetic grass, with the exception of the maximum 200 square feet to the rear yard of a residence to be removed by no later than 6 years from the adoption of the Ordinance. The amended Ordinance (Attachment 1) reflects the changes adopted by the City Council.
DISCUSSION
The purpose of the Ordinance is to codify the prohibition on artificial turf and synthetic grass in the City with the exception of a maximum of 200 square feet to the rear yard of a residence, include an amortization period for removal 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 with the exception of a maximum of 200 square feet to the rear yard of a residence; • Regulate existing legal nonconforming artificial turf or synthetic grass in the City;
• Include an amortization period that would require all nonconforming artificial turf and synthetic grass, with the exception of the maximum 200 square feet to the rear yard of a residence to be removed by no later than 6 years from the adoption of the Ordinance ;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.
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 adopt Ordinance No. O-24-1413. If the City Council agrees, an appropriate motion would be:
“I move to adopt 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-24-1413