HomeMy WebLinkAbout10. Adopt an Oridinance Amending DMC for Synethetic TurfStaff recommends that the City Council adopt the following titled ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE TO ESTABLISH MINIMUM
STANDARDS FOR THE INSTALLATION • SYNTHETIC TURF
At its November 10, 2015 meeting, the City Council held a duly noticed Public Hearing, and
after fully considering all oral and written testimony and facts and opinions offered, introduced
the attached Ordinance.
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None.
Attachments: "A" - Ordinance
•' I i •i • •, • i•
Alf-MINY-11INDIMMMIN ii` •
WHEREAS, the City Council of the City of Downey hereby finds, determines and
declares that:
1; California has been in a drought for the last 4 years, which has caused significant
concern among water experts as to whether there will be sufficient water
resources available for drinking water; agricultural production; commercial and
residential uses; wildlife habitat; and wildfire responses; and,
2; On April 1, 2015 the Governor issued an Executive Order (B- 29 -15) mandating
various conservation points be achieved, primarily that a 25% aggregate
statewide reduction in potable urban water usage be achieved by February 2016,
as compared to the amount used in 2013; and,
3 Section 9520 of the Downey Municipal Code, which provides requirements and
development regulations for planting areas for all zones of the City, mentions that
plant materials shall be selected for energy efficiency and drought tolerance, and
adaptability and relationship to the City's environment; and,
4; It was determined that an amendment adding standards for the installation of
synthetic turf to Section 9520 is necessary to establish drought- tolerant
landscaping requirements to achieve the Governor's goals for water
conservation; and,
5 On July 28, 2015, the City Council initiated a zoning text amendment of Section
9520.04 of the Downey Municipal Code regarding minimum standards for the
design and installation of landscaping using drought - tolerant plants and native
plants that require minimal water and directed staff to prepare an ordinance that
adds regulations for drought— tolerant landscaping and the installation of synthetic
turf; and,
& The Planning Commission held a duly noticed public hearing on September 2,
2015, and, after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted Planning Commission
Resolution 15 -2935, thereby recommending the City Council approve the
Drought - Tolerant Landscaping Ordinance; and,
7 On September 11, 2015, notice of the pending zoning text amendment was
published in the Downey Patriot; and,
8 The City Council held a duly noticed public hearing on September 22, 2015, and,
after fully considering all oral and written testimony, facts and opinions offered at
aforesaid public hearing, continued the proposed ordinance to a date uncertain,
and
9. On October 30, 2015, notice of the pending zoning text amendment was
published in the Downey Patriot; and,
Attachment "p"
ORDINANCE NO.
PAGE 2
10;; The City Council held a duly noticed public hearing on November 10, 2015, and,
after fully considering all oral and written testimony, facts and opinions offered of
aforesaid public hearing, introduced the proposed ordinance.
WHEREAS the City Council further finds determines and declares that the requested
Zone Text Amendment has been reviewed for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, it has been determined that this request is
exempt from CEQA, pursuant to Guideline Section No. 15305 (Minor Alterations in Land Use
Limitations) because the proposed zoning text amendment to add standards for the installation
of synthetic turf to Section 9520 of the Zoning Code will not result in any changes in land use or
density. The proposed zoning text amendment is intended to promote water conservation
measures to avoid further depletion of this limited resource.
WHEREAS, having considered all of the oral and written evidence presented to it at said
public hearing, the City Council further finds, determines and declares
that:
1. The requested amendment is necessary and desirable for the development
of the community and is in the interests of furtherance of the public health,
safety, and general welfare.
California has been in a drought for the last years, which has caused significant
concern among water experts as to whether there will be sufficient water
resources available for drinking water; agricultural production; commercial and
residential uses; wildlife habitat; and wildfire responses. The Governor of
California has established water conversation as a critical goal for the state by
mandating that a 25% aggregate statewide reduction in potable urban water
usage be achieved by February 2016, as compared to the amount used in 2013.
The proposed zoning text amendment is necessary to establish landscaping
standards that achieve the Governor's goals for water conservation.
2. The proposed amendment is in general conformance with the General Plan.
The General Plan, Downey Vision 2025, serves as -a guide to address the long-
term physical development and growth of the community. It identifies issues
confronting the community and outlines goals to address them, with policies and
programs to accomplish the goals of the plan. The Conservation Element of the
General Plan establishes the policies for preserving natural resources as well as
other limited resources for the continued use of current residents and future
generations. Issue 4.1 of the General Plan recognizes that Downey exists in 'a
semi -arid desert environment, with a limited supply of surface and groundwater
available to the region. The General Plan also recognizes that water
conservation is most successful when the consumer realizes the benefits of
reducing demand. Consequently, General Plan Goal 4.1 entitled "Provide an
adequate water supply for the needs of residents, workers, and visitors to the
City" includes policies and programs geared toward water conservation methods.
Policy 4.1.1 seeks to promote conservation of water resource, while Program
4.1.1.6, promotes drought- tolerant plants and other water conservation methods
for plant landscaping projects. As a result, the proposed amendment is in
conformance with the General Plan because it puts measures in place that will
promote water conservation through landscaping.
ORDINANCE NO.
PAGE 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
New Downey Municipal Code Amendments: All such language appears underlined and in italics.
Repealed text: All such text appears in strikeout.
SECTION 1. Section 9144 ( "L" DEFINITIONS) of Article IX of the Downey Municipal Code shall
be amended to read as follows:
Landscaping: The planting and maintenance of a combination of live plant materials, to
which may include native or exotic trees, groundcover, shrubs, vines, flowers, and lawn,
pavers, decomposed granite, benches, ponds, and statuary.
SECTION 2. Section 9160 ( "T" DEFINITIONS) of Article IX of the Downey Municipal Code
shall be amended to add the following definitions:
Turf. A living, single-bladed grass or sod.
SECTION 3. Subparagraph (c) of Section 9520.04 (LANDSCAPING REQUIREMENTS) of
Article IX of the Downey Municipal Code shall be amended to read as follows:
(c) Landscaping Plan. A landscaping plan showing the location of all turf, plant
materials, and irrigation systems shall be required for all uses that include
landscaping projects. Landscaping plans for projects within the R -1, R -2, and R -3
Zones shall be reviewed by the City Planner. In lieu of City inspections, the
installer shall sign a self - certification certificate. LandscapingProiects for all
other zones shall be p_pproved by the Planning Commission dydnA Site Plan
Review. Plans submitted for the issuance of a building permit or a site plan may
be used in lieu of a landscaping plan provided that compliance with all of the
requirements of a landscaping plan is achieved to the satisfaction of the
Commission during Site Plan Review. The Commission may reject such plans if
they determine that they are not consistent with the purpose of this chapter.
Landscaping plans shall demonstrate a recognizable pattern or theme for the
overall development through conformance with the following:
SECTION 4. Section 9520.04 (LANDSCAPING REQUIREMENTS.) of Article IX of the Downey
Municipal Code shall be amended by adding Section 9520.04 (k) to read as follows:
LJ Synthetic Turf Standards
(1)
ORDINANCE NO.
PAGE 4
(2)
(3)
(4)
(5) Synthetic turf installations shall comply with the standards and regulations
contained in this Code and the synthetic turf manufacturer's specifications and
(6) Installation._ Synthetic turf shall be installed over a cos
base material and shall be anchored at all ed ec� s and
process shall consist of the following process:
(i) Existing -grass or weeds shall be removed;
(ii) Excavate soil to a depth of at least two inches'
ON
(iv)
(v)
Cap any existing irrigation fines-
Add r-tra rforr-intht r lf.e nrnnar:tlna rsravel as tha vase material, about a
(ix) An infill medium
shall be brushed into the fibers to insure that the fibers remain in an
ORDINANCE NO:
PAGE 5
upright position and to provide ballast that will help hold the turf in place
and provide a cushioning g ffect.
(8)
rubber as an in -fill material is prohibited.
synthetic installation manufacturer.
SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council 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, phrases, or portions be declared invalid or unconstitutional.
ORDINANCE NO.
PAGE 6
SECTION 7. The City Clerk shall certify the adoption of this Ordinance and cause the same to
be published in the manner prescribed by law.
LUIS H. MARQUEZ, Mayor
ATTEST.
ADRIA M. JIMENEZ,_CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. was introduced at a Regular
Meeting of the City Council of the City of Downey held on the _ day of , 2015, and
adopted at a Regular Meeting of the City Council of the City of Downey held on the day of
2015, by the following vote, to wit:
AYES`.
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
FURTHER CERTIFY that a summary of the foregoing Ordinance No. was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
2015 (after introduction), and on , 2015 (after adoption including
the vote thereon). It was also posted in the Regular posting places in the City of Downey on the
same dates.
ADRIA M. JIMENEZ, CIVIC
City Clerk