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HomeMy WebLinkAbout01 ORDINANCE NO. 1398AGENDAREPORT Reviewed: Item 1 City Manager oo Finance Director MEETING DATE: JULY 5, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF ORDINANCE NO. 1398 FOR CODE AMENDMENT 11-004 TO AMEND THREE-FOOT LANDSCAPE REQUIREMENT AND SYNTHETIC TURF STANDARDS uu_: Three -Foot Landscape Requirement - On March 16, 2010, several residents appeared before the Tustin City Council to express concern about receiving Notice of Violations (NOV) for non-compliance with TCC Section 9267(a)(3) which requires a three-foot wide landscape area between the driveway areas and the adjacent side property lines. Enforcement of 9267(a)(3) has occurred since Council adoption of the requirement in 2001. On May 4, 2010, the Tustin City Council directed staff to defer additional code enforcement and to present the issue to the Planning Commission for a recommendation to the City Council. Synthetic Turf Standards - On January 11, 2011, a workshop on the use of synthetic turf was provided to the Planning Commission. The workshop provided the Planning Commission with an overview of synthetic turf, including its advantages and disadvantages, the applicability of the Tustin City Code to synthetic turf, sample standards for synthetic turf, and issues related to synthetic turf. At that time, the Planning Commission directed staff to prepare Synthetic Turf Standards for the use of synthetic turf in Tustin. The Three -Foot Landscape Requirement and Synthetic Turf Standards are presented together in this report and proposed ordinance since they affect the same Tustin City Code Sections and may have a correlation in application. City Council Report Three-foot Landscape Requirement and Synthetic Turf Standards Page 2 RECOMMENDATION: That the Tustin City Council introduce and have first reading of Ordinance No. 1398 for Code Amendment 11-004 amending Tustin City Code Sections 5502 and 9267 modifying landscape requirements and setting forth Synthetic Turf Standards. FISCAL IMPACT: Code Amendment 11-004 is a city -initiated project. Costs associated with General Fund may be incurred with typical code enforcement procedures. BACKGROUND AND DISCUSSION: Three -Foot Landscape Requirement In 2000-2001, members of the Tustin Community Pride and the Planning Commission indicated a concern that an increasing number of Tustin properties had large portions of the front yard paved and used as parking lots. At that time, the City's standards for driveways provided the minimum requirement for driveway width, but did not regulate the maximum allowable area for pavement; the Code allowed the entire front yard area to be paved. The Planning Commission requested that staff prepare standards to regulate driveway widths for residential and non-residential properties. On August 6, 2001, the Tustin City Council approved Ordinance No. 1240 (Attachment A) which provided development standards and paving limitations for driveways of residential properties and driveways in commercial and industrial districts. In residential districts, the ordinance required a three-foot wide landscaped area between adjacent properties (an example diagram of the required 3 -foot landscape area is shown in Attachment B). Prior to 2001, no provision existed to ensure that the front yard area was not completely covered by driveways. In 2009, the Planning Commission and the City Council again considered this matter and adopted revisions to the comprehensive parking ordinance. It also limited the total paved area to no more than fifty percent (50%) of the total front yard setback area. These provisions essentially prevented the over -paving of residential front yards. Ordinance No. 1240 included a "sunset clause" for residential properties with existing paved areas that were not in compliance with the requirements to allow gradual compliance with the new code. The owners of these properties were given thirty-six (36) months to comply with the requirements of the ordinance (until September 6, 2004). Thereafter, all property owners were required to comply. City enforcement typically occurred when an affected property owner requested permits for a driveway apron extension or when the City received a code enforcement complaint. Since implementation of Ordinance No. 1240 in 2001, code enforcement officers have received approximately twenty-five complaints involving separate residential properties in violation of this code section. The majority of these code enforcement cases affect City Council Report Three-foot Landscape Requirement and Synthetic Turf Standards Page 3 single family neighborhoods where a driveway has been extended to the property line on one side. Examples of recent cases are shown in Attachment C. As shown in slides one and two, some of these cases dealt with properties where the driveway extended from property line to property line creating a single expanse of concrete between the two properties. Other cases, as shown in slides three through eight, involved driveways which extended to the property line. To date, Code Enforcement staff have brought twenty of the twenty- five cases into compliance with the City Code. The remaining five cases involve property owners who appeared before the City Council on March 16, 2010. On March 16, 2010, several affected property owners appeared before the City Council after receiving Notices of Violation (NOV). At that time, the City Council directed staff to defer additional enforcement until additional information could be provided by staff. On May 4, 2010, the Council considered the staff report and public input. Staff was directed to present the issue to the Planning Commission for a recommendation to the City Council. Following the City Council meeting, City staff began an exhaustive survey of the City to determine the number of residential properties that were not in compliance with the three-foot landscape requirements as set forth in Ordinance No. 1240. Nearly five thousand properties were surveyed; overall, approximately 1,538 parcels or thirty-two percent (32%) of all properties located on public streets within the City limits have driveways or paving that are not in compliance with the three-foot landscape setback code requirement. A few of these properties may have paved areas that exceed fifty percent (50%) of the front yard setback, though the percentage was not calculated at the time the survey was conducted. During the survey assessment, it was noted that many properties within the City had site constraints which appeared to create irregular property conditions. These irregular property configurations included cul-de-sacs; driveways and garages located on the side of the property; narrow property widths; and driveway access serving more than one property. Synthetic Turf Another issue that has been considered by the Planning Commission and pertains to the City's landscaping requirements is synthetic turf. On January 11, 2011, a workshop on the use of synthetic turf was provided to the Planning Commission (Attachment D). The workshop provided the Planning Commission with an overview of synthetic turf, including its advantages and disadvantages, the applicability of the Tustin City Code to synthetic turf, sample standards for synthetic turf, and issues related to synthetic turf. Synthetic turf is an artificial product manufactured from synthetic materials that simulates the appearance of live grass. Based on the City's current landscaping requirements and definitions in the Tustin City Code, the use of synthetic turf is City Council Report Three-foot Landscape Requirement and Synthetic Turf Standards Page 4 prohibited on private property. For example, Tustin City Code Section 5502 requires "All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material." Further, Tustin City Code Section 9267 requires "Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial and industrial districts shall be improved or maintained with appropriate landscaping in a healthy and vigorous condition." However, these requirements apply to private property only. Synthetic turf has been installed on public property in some City of Tustin medians and parks in limited areas where live grass has been difficult to maintain. Based on direction received from the Planning Commission on the use of synthetic turf, staff has prepared Synthetic Turf Standards which would provide consistency to ensure that the synthetic turf in visible yard areas is of a satisfactory quality and is well maintained (Attachment E). Some of the specific standards include minimum pile height, proper drainage systems, appearance, and a maximum coverage of landscaped area in the front yard. The Synthetic Turf Standards are referenced in draft Ordinance No. 1398, but are not proposed to be codified. This will allow flexibility to update the standards though the approval of the Community Development Director as new technologies in the industry arise. In conjunction with the establishment of these standards, public outreach is proposed to inform property owners of the standardized requirements so they are informed when purchasing and installing synthetic turf. Some of the methods of outreach may include inserts in water billing, pamphlets at City Hall, and information on the City's website. Ultimately, the establishment of standards and the requirement for approval from the City will set forth clear standards for synthetic turf installation, and the proposed process is not anticipated to significantly increase the need for additional staff resources to review, monitor, and enforce synthetic turf installations. PLANNING COMMISSION RECOMMENDATION: On January 11, 2011, the item was brought before the Planning Commission but upon request of the City Attorney, the item was continued in order to clarify with the Fair Political Practices Commission (FPPC) whether there were any conflict of interest issues related to the three-foot landscape easement. After an extended response time, this matter was clarified and the issue was set before the Planning Commission for consideration. On May 10, 2011, and May 24, 2011, these items were brought before the Planning Commission for consideration of the three-foot landscape requirement and to consider the Draft Synthetic Turf Standards. The Planning Commission recommended minor City Council Report Three-foot Landscape Requirement and Synthetic Turf Standards Page 5 changes to the Synthetic Turf Standards and requested that the three-foot landscape ordinance be clarified with the intent to protect and maintain an attractive buffer between driveways of abutting residential properties to enhance the attractiveness of a residential property as viewed from adjoining properties and/or the public right of way. The Planning Commission further suggested that the three—foot landscape/hardscape requirement be subject to review, at the discretion of the Community Development Director, to allow flexibility in the application of the Code and to ensure consistency with the intent of the ordinance. The review would be subject to specific findings to ensure that the location, size, architectural features, and general appearance of any proposed improvements will attain the desired aesthetic effect between residential properties. The modifications have been incorporated into Ordinance No. 1358 (Attachment F) for City Council consideration. ENVIRONMENTAL: This project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed Ordinance No. 1398 (Code Amendment 11-004) would revise text from Tustin City Code Section 9267(a)(3) which requires a three foot landscape/hardscape setback to property line, would revise Tustin City Code Sections 5502 and 9267 to provide for the installation of synthetic turf, and would set forth standards for synthetic turf. This revision has no possibility for significant effect on the environment; therefore, Code Amendment 11-004 is not subject to CEQA. Amy Thomas, AICP Senior Planner Scott Reekstin Senior Planner , � , '�' � �t".' J, Elizabeth A. Binsack Community Development Director Attachments: A. Ordinance No. 1240 B. Example diagram of the required 3 -foot landscape area C. Examples of recent cases D. January 11, 2011, Synthetic Turf workshop E. Synthetic Turf Standards F. Ordinance No. 1398 ATTACHMENT A Ordinance No. 1240 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CODE AMENDMENT 00-001, AN AMENDMENT TO TUSTIN CITY CODE ARTICLE 9 CHAPTER 2 BY ADDING SECTIONS 9221.a.10), 9222.a.16), 9223.a.10), 9224.g.9, 9225.a.1(h), 9225.a.20), 9225.b.16), 9225.b.2(k), 9226.a.1(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226.b.4(i), 9226.b.50), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.50), 9228.c.8, 9231.b.9, 9232.bo)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(c)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241.4), 9242.c(d), 9271.bb, AND 9299.b.(1)(h) RELATED TO DRIVEWAYS STANDARDS, AND AMENDING SECTION 9297 TO INCLUDE DEFINITIONS FOR A DRIVEWAY AND PAVED AREA. The City Council of the City of Tustin does hereby resolve as follows: Section 1. FINDINGS A. That an amendment to Tustin City Code Article 9, Chapter 2 related to driveways has been prepared to provide standards for driveways and paved areas on residential, commercial, and industrial properties. B. That on June 11, 2001, the Planning Commission recommended that the City Council approve Code Amendment 00-001 to provide standards for driveways and paved areas for residential, commercial, and industrial properties and directed staff to focus enforcement in areas of.concern. C. That on June 18, 2001, a public hearing was continued by the City Council on said code amendment to allow for City Attorney to identify issues and impacts related to retroactive enforcement. D. That on July 16, 2001, a public hearing was duly noticed, called, and held on said code amendment by the City Council. E. That the City's current standards for driveways within residential districts only provide the minimum requirement for driveway width. As such, property owners. could pave the entire front yards converting the yards into parking lots inconsistent with the goal of the Land Use Element of the General Plan to assure a safe, healthy, and aesthetically pleasing community for residents and businesses (Goal No. 4). F. That the City's current standards for driveways within the commercial and industrial districts only provide the minimum requirements for driveway width. As such commercial and industrial properties could have driveways s' 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 )rdinance No. 1240 Dage 2 of 5 wider than driveway approaches standards within the public right-of-way and resulting in safety hazards. G. The proposed amendment is. regulatory in nature and would provide consistency for determining the minimum and the maximum driveway width in residential, commercial, and industrial zoning districts. The proposed amendment's limitation on the installation and maintenance of impervious materials in required front yards would limit the amount of storm -water run-off attributed to each developed property in the City. The proposed amendment would also create an aesthetically pleasing community for residents and businesses by limiting the amount of hardscaping in the front of properties and requiring all unpaved areas be improved with landscape materials. H. The proposed amendment is consistent with the General Plan goals and policies, particularly: Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects; Policy 6.4: Preserve and enhance the City's special residential character and "small town" quality by encouraging and maintaining Tustin's low-density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape; Policy 6.6.d: Improve the overall quality of TustkYs multifamily neighborhoods through improved site, building, and landscape design; and, Policy 6.12: Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. I. That the code amendment provides an exemption for those properties that have been improved with paved areas authorized and approved through a building permit or discretionary entitlement by the City. J. A Final Negative Declaration has been adopted for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Section 2. The City Council hereby approves amendments to the residential, commercial, and industrial zoning districts of Tustin City Code as follows: 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s 29 Ordinance No. 1240 Page 3 of 5 Sections 9221.a.10), 9222.a.1(j), 9223.a.10), 9224.8.9, 9225.a.1(h), 9225.a.20), 9225.b.10), 9225.b.2(k), 9226.a.1(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226.b.4(i), 9226.b.50), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.50), 9228.c.8, 9231.b.9, 9232.b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(c)(m)(10),.9234.b(h), 9234.d(h), 9234,e(i), 9235.f(9), 9241.co), and 9242.c(d) shall be added to read: "Driveways: Subject to Subsection 9271 (bb)" Subsection 9271 (bb) is added as follows: a. Driveways for Residential Districts: If the garage or carport is designed for one or two vehicles, the driveway width within the front yard setback, as defined in Section 9297 of Tustin City Code, shall be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet; if the garage or carport is designed for three or more vehicles, the driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of thirty (30) feet. Paved areas for accessory residential uses such as the parking of vehicles or providing pedestrian access to the residence may be provided within the front yard setback of residential districts if the total paved area does not exceed fifty (50) percent of the total front yard setback, the parking of vehicles does not obstruct ingress and egress to required parking, and all of the requirements of this Section can be met. For lots at the end of cul-de-sacs with a lot frontage of less than forty (40) feet, the parking and driveway areas within the front yard setback shall not exceed seventy-five (75) percent of the total front yard setback. Total width may be divided for properties with two (2) driveways. Parking and driveway areas within the front yard setback shall be separated with a minimum of a three (3) foot landscape area between the parking or driveway area and the adjacent side or rear property line. b. Driveways for Commercial and Industrial Districts: One-way driveways within the front yard area, as defined in Section 9297 of the Tustin City Code, would have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. Two-way driveways within the front yard would have a minimum width of twenty-four (24) feet and a maximum width of thirty-five (35) feet. C. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition. 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 29 Ordinance No. 1240 Page 4 of 5 d. The provisions of this Subsection shall apply to all lots in the City, except that for lots with paved areas in excess of the requirements specified in this Subsection constructed or installed prior to September 6, 2001, such excess paved areas shall be discontinued, removed, or altered to conform to the provisions of this Subsection within thirty-six (36) months after the latter of the following dates: (1) the effective date of this Subsection (September 6, 2001); or (2) the date of notice of abatement issued by the Director of Community Development or the Director's designee. Section 9297 is amended to include definitions for the following: "Driveway" means a paved area of a lot located between the public right- of-way and the. garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space. "Paved Area" means an area of any required yard which is constructed with impervious materials which either results in an increase in the amount of storm water run-off into public storm drainage facilities or hinders natural percolation of storm water on the subject property. Subsection 9299.b.(1)(h) is added to read: "An increase of not more than ten (10) percent in the maximum permitted driveways within the front yard setback for residential districts or the front yard for commercial and industrial districts.' Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. 4SSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 61 day of August, 2001. T L WORLEY n ayor City Clerk STOKER 1 2 3 4 s 6 7 8 9 10 11 12 13 17 18 19 20 21 22 23 24 25 26 27 28 29 Ordinance No. 1240 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1240 I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above foregoing Ordinance No. 1240 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 168i day of July, 2001, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 6th day of August, 2001 by the following vote: COUNCILPERSONS AYES: Thomas, Bone, Doyle COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None COU CILPERSONS ABSENT: Worley, Kawashima Stoker, City Clerk ATTACHMENT B Example diagram of the required 3 -foot landscape area ATTACHMENT C Examples of recent cases L& I's -44 0 r m T kT, i A I� fir• R I i < r i fir• R 5 4 r -4 ..�., . (� O ea ■o ATTACHMENT D January 11, 2011, Synthetic Turf workshop ITEM #5 TUSTIN F DATE: JANUARY 11, 2011 RUII DING OUR FUTURE TO: PLANNING COMMISSION FIUNORING OUR PAST FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR PREPARED BY: SCOTT REEKSTIN, SENIOR PLANNER REQUEST: SYNTHETIC TURF WORKSHOP INTRODUCTION: The use of synthetic turf has become more common as the costs associated with water usage and landscape maintenance have increased_ In areas prone to drought such as Southern California, the use of synthetic turf has been promoted by water agencies, manufacturers and retailers. As a result, the City has received an increasing number of inquiries and requests from the public regarding the use of synthetic turf on private property. The purpose of this report and the January 11, 2011, workshop is to provide the Planning Commission with an overview of synthetic turf, including its advantages and disadvantages, the applicability of the Tustin City Code to synthetic turf, sample standards for synthetic turf, and issues related to synthetic turf; and to obtain input and recommended actions from the Commission. BACKGROUND: Overview Synthetic turf is an artificial product manufactured from synthetic materials that simulates the appearance of live grass. Synthetic turf was created in 1960 primarily for use on athletic fields. There are two types of synthetic turf: in -fill and non -infill varieties. Infill synthetic turf contains rubber crumbs or sand and is designed for sports fields, whereas the non -infill variety uses coiled fibers to keep blades upright and works well in residential yards. Advantages and Disadvantages There are several advantages and disadvantages associated with the use of synthetic turf. For example, the use of synthetic turf has been promoted because of reduced water usage, the absence of pesticides and fertilizers, the elimination of lawn mowing and trimming, its durability, the reuse of disposed tires, fewer sports injuries, and Planning Commission Report Synthetic Turf Workshop January 11, 2011 Page 2 because it works well in small spaces and shady areas where live grass may be difficult to grow and maintain. However, synthetic turf is more expensive to install than live grass, has a higher surface temperature, may pose health concerns, may be less aesthetically pleasing than live grass, may cause abrasion injuries, does not produce oxygen, and has a limited lifespan. Synthetic turf works well in some applications such as sports fields, street medians and shady areas, but not in all applications. For example, synthetic turf may have a more artificial and less desirable appearance when installed in residential settings adjacent to live grass that is well-maintained. The Tustin City Code and Synthetic Turf Based on the current landscaping requirements and definitions in the Tustin City Code, the use of synthetic turf is prohibited on private property. For example, Tustin City Code Section 5502 requires "All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material." Further, Tustin City Code Section 9267 requires "Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial and industrial districts shall be improved or maintained with appropriate landscaping in a healthy and vigorous condition." However, these requirements apply to private property only. Synthetic turf has been installed on public property in some City of Tustin medians and parks in limited areas where live grass has been difficult to maintain. In anticipation of future Planning Commission consideration of synthetic turf on private property, synthetic turf was authorized at a single family residence on Prospect Avenue for an eighteen month trial period that began in October of 2009. This demonstration project was approved in support of water conservation efforts, and the owner has agreed to remove the synthetic turf at his expense if the turf does not perform well. To date no complaints have been received, and the turf has performed well and been maintained, as shown on the picture below. Planning Commission Report Synthetic Turf Workshop January 11, 2011 Page 3 Sample Standards In jurisdictions where synthetic turf is allowed, standards are often established to ensure that the synthetic turf is of a satisfactory quality and is well maintained. Examples of standards commonly used in other cities include: ■ Lifelike individual blades shall emulate real grass in look and color. • Cut pile polyethylene or polypropylene. • Minimum pile height of 1-3/4". • Installed professionally with proper drainage system underneath. • Installed and maintained to simulate the appearance of a well-maintained lawn. ■ Prohibit indoor or outdoor plastic or nylon carpet. • Combine with natural plant materials to enhance landscape design. • Worn or faded synthetic turf must be replaced or repaired. ■ Maintain free of weeds, debris, tears, stains, holes, mildew, discoloration, fading and impressions. • Shall not exceed a specified percentage of the landscaped area. Other softscape and hardscape could include trees, shrubs, groundcover, rocks, and decorative pavers. • Require certain quality grades, depending on location and application. ■ Minimum 8 -year warranty. The establishment of standards would require significant public outreach to inform property owners of the requirements so they would know to purchase and install synthetic turf that meets the established standards. In addition, significant staff resources would be needed to review, monitor, and enforce synthetic turf installations. Issues Synthetic turf is widely available and may be purchased through various suppliers and through home improvernent retailers in a variety of colors, textures, and qualities. The cost of synthetic turf for landscaping purposes ranges from approximately $2.25 to $7.00 per square foot, plus the cost of installation. As shown in the examples below, the cost of synthetic turf directly corresponds to the pile height and density. Name Cost Density Pile Hei ht Warranty Use Luxury Lawn $4.73/sq. ft. 85 oz./sq. d. 2.0 inches 10 years Upscale Premium $4.41 /sq. ft. 95 oz./sq. d. 1.75 inches 8 years Residential Imperial Lawn $3.74/sq. ft. 50 oz./sq. d. 1.5 inches 10 years Res/Comm Active Play $3.22/sq. ft. 42 oz -/s d. 1.0 inch 10 years Play areas Planning Commission Report Synthetic Turf Workshop January 11, 2011 Page 4 Synthetic turf for use on sports fields, playgrounds, and putting greens is generally less expensive and has a lower pile height compared to synthetic turf for yards and other landscaping applications. Various agencies such as the Metropolitan Water District (MWD) of Southern California and the Orange County Water District encourage water conservation and use of artificial turf. In fact, synthetic turf rebate programs have been offered to MWD water customers. However, the use synthetic turf is not allowed in all cities. In Tustin, it is currently prohibited on private property. RECOMMENDATION: It is recommended that the Planning Commission consider the matter and provide input and a recommendation to the City Council regarding synthetic turf. Options available to the Commission may include: 1) taking no action; 2) allowing synthetic turf, but with standards, 3) allowing synthetic turf without standards, 4) regulating synthetic turf; and 5) recommending an amendment to the Tustin City Code to specifically prohibit synthetic turf in Tustin. Staff will be available at the workshop to answer questions and provide additional information. Samples of synthetic turf will be provided at the workshop. Scott Reekstin Senior Planner Attachment: PowerPoint Presentation Elizabeth A. 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O 0 m 0 cva I V-: N El M Cr a) o U 4W L � 0 C to N � L L . 4-0 � _>► L V !ice C N �vI— M U c� M C a� a' L E 4- a 14 tri PLO O CIS Q §2 . O 6 U Cq rel ct ATTACHMENT E Synthetic Turf Standards Ti T c T' i f� i Community Development Department • 300 Centennial Way • Tustin, CA 92780 V J 1 1 1 �) Phone • 714.573.3140 • www.tustinca.org HISTORY BUILDING OUR FUTURE HONORING OUR PAST Synthetic Turf Standards June 2011 The primary purpose of these standards is to provide guidance to residential and commercial property owners who propose to install synthetic turf in front yards and side yards visible from the adjacent public right-of-way. Ordinance No. 1398 set forth Synthetic Turf Standards and landscape requirements for synthetic turf installation. Synthetic turf material shall be installed and maintained in accordance with these standards and in a manner such that it simulates the appearance of real, well-maintained grass and drains properly. Standards ❑ Lifelike individual blades shall emulate real grass in appearance and color. ❑ Material shall consist of cut pile polyethylene or polypropylene. ❑ Synthetic turf shall have a minimum pile height of 1-3/4". ❑ Synthetic turf shall be installed professionally with a proper drainage system and weed barrier. ❑ Synthetic turf shall be Installed and maintained to simulate the appearance of a well-maintained lawn. ❑ Indoor or outdoor plastic or nylon carpet shall be prohibited. ❑ Synthetic turf shall be combined with natural plant materials to enhance landscape design. ❑ A maximum of 50% of the landscaped yard area may consist of synthetic turf. ❑ Significantly worn or faded synthetic turf shall be replaced or repaired. ❑ Synthetic turf shall be properly maintained. ❑ Synthetic turf is subject to approval by the Director of Community Development, prior to installation. ATTACHMENT F Ordinance No. 1398 ORDINANCE NO. 1398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 5502 AND 9267 OF THE TUSTIN CITY CODE TO MODIFY LANDSCAPE REQUIREMENTS AND TO SET FORTH SYNTHETIC TURF STANDARDS IN THE CITY OF TUSTIN The City Council of the City of Tustin does hereby ordain as follows: Section 1. The City Council finds and determines as follows: A. That pursuant to Ordinance No. 1240, adopted by the City Council on August 6, 2001, and amended by Ordinance No. 1354, adopted on November 4, 2008, the Tustin City Code currently requires that parking and driveway areas within the front yard setback of residential properties be separated with a minimum of a three (3) foot landscape area between the parking or driveway area and the adjacent side or rear property line; B. That on May 4, 2010, the City Council directed that the Planning Commission review and make recommendations to the City Council concerning the existing three (3) foot landscape requirement; C. That on January 11, 2011, the Planning Commission conducted a workshop on the use of synthetic turf and provided direction to prepare standards for the installation and maintenance of synthetic turf in the City of Tustin for consideration by the Planning Commission; D. That a public hearing was duly called, noticed, and held on Ordinance No. 1398 (Code Amendment 11-004) by the Planning Commission of the City of Tustin, California, on May 10, 2011, at which time the Planning Commission suggested changes to the proposed Ordinance in order to ensure that a buffer was maintained between driveways of abutting residential properties in order to enhance the attractiveness of residential property as viewed from adjoining properties or the public right of way and made minor modifications to the proposed Synthetic Turf Standards and continued the public hearing until May 24, 2011; E. That on May 24, 2011, the Planning Commission held a continued public hearing to consider revised Resolution No. 4173 recommending that the Tustin City Council adopt Ordinance No. 1398 approving Code Amendment 11-004 amending Sections 5502 and 9267 of the Tustin City Code modifying landscape requirements and setting forth Synthetic Turf Standards; Ordinance 1398 Page 2 F. Following the public hearing, the Planning Commission adopted Resolution No. 4173 recommending that the Tustin City Council adopt Ordinance No. 1398 approving Code Amendment 11-004; G. That a public hearing was duly called, noticed, and held on Ordinance No. 1398 (Code Amendment 11-004) on July 5, 2011, by the Tustin City Council; H. That prior to 2001, no provision existed to ensure that the front yard area was not completely covered by driveways. In 2008, the Planning Commission and the City Council took great care and consideration in adopting the comprehensive parking ordinance. These provisions essentially prevented the over -paving of residential front yards; I. That the intent of Ordinance No. 1398 is to maintain a buffer between driveways of abutting residential properties to enhance the attractiveness of a residential property as viewed from adjoining properties and/or the public right of way; J. That the requirement for review at the discretion of the Community Development Director subject to findings will ensure that the three-foot landscape requirement location, size, architectural features and general appearance of any proposed improvements will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole; K. That Code Amendment 11-004 is consistent with Housing Element Policy No. 6.4 and Conservation/Open Space/Recreation Element Policy No. 5.3 of the Tustin General Plan, which promote water efficient landscapes and water conservation techniques; and L. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed Ordinance No. 1398 (Code Amendment 11-004) would revise text from Tustin City Code Section 9267(a)(3) which requires a three foot landscape setback to property line, would revise Tustin City Code Sections 5502 and 9267 to provide for the installation of synthetic turf, and would set forth standards for synthetic turf. This revision has no possibility for significant effect on the environment; therefore, Code Amendment 11-004 is not subject to CEQA. Section 2. Subsection 5502m(1) of the Tustin City Code is hereby amended to read as follows: Ordinance 1398 Page 3 "Landscaping. All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material and all synthetic turf material shall be installed and maintained in accordance with the Synthetic Turf Standards established by the Director of Community Development and in a manner such that it simulates the appearance of real well-maintained grass and drains properly." Section 3. Subsection 9267a3, of the Tustin City Code is hereby amended to read as follows: Detar-n.hed GiRgle family residential unit p arking and driveway areas within the front yard setback which abut the parking or driveway area of an adjacent lot, shall be separated with a minimum of a three-foot wide buffer consisting of landscaping raised hardscapina or combination of such materials installed in the ;a;dSare-area between the parking or driveway area and the adjacent side or rear property line." Section 4. Subsection 9267a7 of the Tustin City Code is hereby added to read as follows: "Any deviation from the above standards may be considered on a case by case basis, subject to review and approval by the Community Development Director." Section 5. Subsection 9267c of the Tustin City Code is hereby amended to read as follows: "Paved Areas. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf that simulates the appearance of real well-maintained grass drains properly, is installed and maintained in accordance with the Synthetic Turf Standards established by the Community Development Director, and is approved by the Communit Development Director or his or her designee.' Section 6. The Synthetic Turf Standards for the City of Tustin attached hereto as Exhibit A, as they may be amended from time to time by the Community Development Director, in his or her discretion, are hereby approved and incorporated herein by reference. Ordinance 1398 Page 4 Section 7. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 5th day of July, 2011. JERRY AMANTE, MAYOR PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1398 PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1398 was duly and regularly introduced and read at the regular meeting of the City Council held on the 5th day of July, 2011, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 19th day of July 2011, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: Tustin News on June 23, 2011 S:\Cdd\ORDINANC\2011\1398 three foot landscape CA 11-004 Revised051211(3).docx