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HomeMy WebLinkAboutItem 08a - Artificial Turf Text Amendments DATE: October 3, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director By: Edwin Arreola, Associate Planner SUBJECT: ORDINANCE NO. 2397 RELATED TO TEXT AMENDMENT NO. 23-01 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ARTIFICIAL TURF IN RESIDENTIAL ZONES AND ALLOWING TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY THROUGH A CONDITIONAL USE PERMIT CEQA: Exempt Recommendation: Introduce and Approve SUMMARY The Development Services Department has initiated a Text Amendment for various sections of the City’s Development Code, including: 1) An amendment to increase the allowable area for artificial turf on residentially zoned properties; and 2) Allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit. It is recommended that the City Council find that this action is exempt from the California Environmental Quality Act (CEQA); introduce Ordinance No. 2397 (Attachment No. 1) and approve Text Amendment No. 23-01. BACKGROUND The subject Ordinance contains two sets of text amendments for consideration by the City Council, with one related to artificial turf and the other pertaining to tutoring and educational centers in places of religious assembly. Despite being two unrelated issues, it is common practice to present all proposed text amendments to the Development Code under the same Ordinance rather than separate processes for each individual issue. 1. Artificial Turf The first set of text amendments proposed are for an increase in artificial turf area allowed within the front and street side (corner) yard areas of residentially zoned properties. The Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 2 of 16 City originally created regulations to allow artificial turf in the front and street side yards of residential properties in 2016. This was as a result of Governor Brown signing AB 1164 into law, which prevented cities from prohibiting the installation of artificial turf, along with 23 other related bills to help with the ongoing drought in 2015. Prior to 2016, artificial turf was not permitted on residential properties in the City. Persistent drought conditions and increased requests and community interest in artificial turf has led the City to reconsider artificial turf limitations as a means of water conservation and/or landscape maintenance. Many residents felt that the permitted artificial turf amount is too restrictive and not conducive to saving water as they seek to install larger applications of artificial turf on their properties. One of the main issues the City experienced with artificial turf are properties that have installed turf areas that exceed the permitted amount. There are currently at least eight properties where artificial turf has been installed within the front yard area that exceed the permitted amount allowed by the City. One of these properties is located within the Very High Fire Hazard Severity Zone (VHFHSZ) area where artificial turf is not permitted. There have been more properties in violation of the artificial turf standards over the years, but they have since been brought into compliance. Most of the property owners who have made these installations are unaware of the artificial turf limitations and did not seek approval from the City. On some occasions, property owners face losing a large investment into their property by having to remove substantial portions of artificial turf to be in compliance with the Development Code. At the March 7, 2023, City Council Meeting, a presentation was made to better illustrate these issues and to receive direction from the City Council regarding changes to the allowed artificial turf area. The City Council was presented with the option to keep the existing policies, allow for an increased use of artificial turf as hardscape, or allow for an unlimited application of artificial turf. A recommendation was made to increase the percentage of the allowed artificial turf area while keeping the other hardscape materials capped at 40 percent (the current limitation). The City Council agreed that an Ordinance should be considered to increase the artificial turf limit and that information should be included on what other cities allow as well as any associated maintenance and environmental issues. 2. Tutoring at Religious Facilities The second change proposed to the Development Code through this Text Amendment is to allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit. In recent years, several places of religious assembly have contacted the Planning Division asking if they can lease their vacant classrooms to tutoring businesses. Arcadia has several religious properties throughout the City containing classrooms and other spaces that are underutilized, especially Monday through Friday. Places of religious assembly are often uniquely suited to accommodate tutoring and educational centers due to the complementary operating schedules, large parking lots, and available classroom space. To make better use of these spaces and generate income to support the organization, leasing these rooms to businesses such as Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 3 of 16 tutoring and educational centers has been requested. Currently, the Development Code does not allow tutoring and educational centers to operate at places of religious assembly. The only accessory uses allowed are day care centers, or schools that are run and operated by the religious organization itself. This text amendment would allow a third party to operate a tutoring and educational center at a place of religious assembly through approval of a Conditional Use Permit. If approved, the text amendment would also allow an existing, unpermitted tutoring center, TECC at the Arcadia Community Church at 121 Alice Street, to apply for a Conditional Use Permit. DISCUSSION Section 9103.09.040 of the Arcadia Development Code sets forth development standards for landscape requirements throughout the City, including artificial turf. This section is proposed to be updated to expand the amount of artificial turf permitted in the front and street side yard setbacks for residential properties. The Development Code is also being updated to allow for tutoring and educational centers at places of religious assembly in all zones, subject to a Conditional Use Permit. 1. Artificial Turf Currently, the allotted amount of artificial turf within the front and street yard areas of residential properties is regulated by two standards within the Development Code. The first requires that hardscape materials should not cover more than 40 percent of the front and street side yard areas. The Development Code categorizes artificial turf as a hardscape material along with other materials such as pavement, concrete, rocks, or similar materials. Collectively, all of these materials should not exceed the 40 percent maximum, and any remaining area within these yard spaces should be naturally landscaped. In addition to this standard, artificial turf is independently restricted to consist of no more than 15 percent of the front and street side yard areas. The application of artificial turf must comply with both standards to be permitted. Under the proposed amendment, the 15 percent limit on artificial turf within the front and street yard areas would be removed and solely regulated by the hardscape percentage. The amount of hardscape would remain at 40 percent if artificial turf is not used but would expand to a maximum of 60 percent if artificial turf is used. Additionally, any hardscape over 40 percent may only be artificial turf - refer to Attachment No. 1, Exhibit A for the entire text amendment. Artificial turf would continue to be prohibited within the public parkway and all remaining areas that are not hardscaped must be naturally landscaped. After initially considering a sliding scale that would allow a tiered artificial turf percentage for the different lot sizes in the City, specifically allowing more artificial turf for smaller lots, it was determined that a set percentage for all properties would be easier for property owners to understand and for the City to regulate. To better describe the proposal, a property maximizing the proposed changes would have at least 40 percent of the front and/or street yard areas naturally landscaped. At most, 40 percent of the front and corner yards would be hardscaped with materials that comprise the driveways and walkways. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 4 of 16 The remaining 20 percent would consist of artificial turf, with the amount potentially fluctuating between the amount of other hardscape materials. A reasonably sized area of natural landscaping could be provided, which can be blended with artificial turf and still provide adequate and functional driveways and walkways. The increase to the hardscape percentage when artificial turf is proposed was determined through review and analysis of some common issues with artificial turf in the City. Particularly, the ability of smaller lots to include a portion of artificial turf, ensuring that enough landscaped area is being provided to execute a cohesive landscape design within the street facing yards, and evaluation of existing projects with code cases. Furthermore, as requested by the City Council, the increase was compared to other cities in the area. Each of these issues is further discussed below. Currently, the 15 percent maximum of artificial turf allowed is counted towards the 40 percent maximum hardscape within the front and street yard areas. While allowing some artificial turf on lots with a width of 75 feet or greater, these limits typically prevent most smaller lots from including any artificial turf in the front yard, as the driveways and walkways account for the entire 40 percent maximum hardscape. This is demonstrated with the yard depicted in Figure 1 below. Allowing artificial turf to comprise of any of the hardscape area over 40 percent and up to 60 percent would allow these smaller lots to install at least a portion of artificial turf. Figure 1 – Narrow Lot that Cannot Apply Any Artificial Turf Under Current Standards Properties that were in violation of the artificial turf regulations were studied. The two properties shown below show examples of what properties look like with larger amounts of artificial turf and what the property owners did to bring those sites into compliance with the current regulations. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 5 of 16 Figure 2, Before – With Artificial Turf that Exceeds the Maximum Limit Figure 2, After – Artificial Turf Was Replaced with Natural Landscaping The property above in Figure 2, while providing a balance of natural landscaping and artificial turf type that meets the specifications of the code, was in violation for having over 15 percent of the front yard covered in artificial turf and was required to remove a significant portion of artificial turf to bring it into compliance. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 6 of 16 Figure 3, Before – With Artificial Turf that Exceeds Maximum Limit Figure 3, After – Artificial Turf Replaced with Natural Landscaping The property above in Figure 3 had a majority of the front yard covered in hardscape consisting of the driveway, walkway, and artificial turf with very small pockets of natural landscaping. Since the driveway and walkway areas took up 40 percent of the front yard on this narrower lot, the artificial turf was removed and replaced with natural turf to comply with the current regulations. Figure 4 below shows a comparison of the current and proposed regulations on a 25-foot front yard setback on a 75-foot wide lot, a typical lot size in the City, with a 16 foot wide Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 7 of 16 driveway (gray), a typical driveway width that leads into a two car garage. The dark green represents artificial turf, light green represents natural landscaping, the gray represents driveway, and hatched lines represent the City’s parkway (in some cases it contains a paved sidewalk). A total of 281 square feet of artificial turf (or 15 percent of the front yard) is permitted for a front yard of this size under the current regulations. A total of 725 square feet of artificial turf (or about 38.5 percent of the front yard since the driveway would take up 21.5 percent of the hardscape area) would be permitted under the proposed regulations. Any landscaping within the City’s parkway would give the adjacent front yard a sense of a larger naturally landscaped area. The diagram shows potential for artificial turf to be used with sizeable areas of natural landscaping that would allow for a comprehensive yard design and not just a large mass of artificial turf. Figure 4 - Artificial Turf Under the Current Regulations Figure 4 - Artificial Turf Under the Proposed Regulations In consideration of the smaller lots that were hindered by the current regulations, cohesive applications of artificial turf seen in some of the code cases, and the proposed hardscape limits that still provide significant portions of natural landscaping, the increase in Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 8 of 16 hardscape to 60 percent when artificial turf is proposed, was determined to be the best approach as there is no increase to other hardscape materials. This would allow more leniency in the amount of turf for sites in violation of the code, still require a generous portion of natural landscaping, and allow the front and street-side yards to remain green throughout the year. The proposed increase to the artificial turf area is in line with other cities in the San Gabriel Valley, some of which have recently updated their regulations to be even more permissive for artificial turf. Table 1 below shows what other cities allow. Table 1– Surrounding Cities Artificial Turf Regulations CITY ARTIFICIAL TURF PERCENTAGE Alhambra (updated in 2016) & Monterey Park No limit; artificial turf counted as landscaping Temple City (updated in 2023) 43% max artificial turf; minimum 22% live vegetation required Duarte (updated in 2016) and El Monte (updated in 2023) 40% max artificial turf; minimum 20% landscape required La Canada Flintridge, Sierra Madre, and Rosemead 50% max. hardscape (includes artificial turf) San Marino 45% max. hardscape (includes artificial turf) South Pasadena 30% max. hardscape (includes artificial turf) San Gabriel 25% max. artificial turf Pasadena & Monrovia Requires submittal of landscape plan – These cities do not have a maximum limit. Arcadia (current) 15% max. artificial turf; artificial turf counted as part of 40% max. hardscape Arcadia (proposed) 60% max. hardscape when using artificial turf; 40% max. hardscape for all other materials There was a wide range of artificial turf percentages throughout the various cities in the vicinity. Additionally, each city classifies artificial turf differently with some deeming artificial turf as landscaping while others deem it a hardscape material. Currently, Arcadia is one of the more restrictive cities in terms of allowed artificial turf area compared to neighboring cities. Temple City, El Monte, Duarte, and Alhambra have changed their artificial turf regulations to be more permissive since 2016. While Alhambra does not have a limit, the other cities have set a higher maximum amount of artificial turf and a minimum amount of natural landscaping in the range of 20 to 22 percent in the front and street side yard areas, which in turn allows for a larger hardscape area. In comparison, while properties in those cities could reach a hardscape area of up to 80 percent including artificial turf, Arcadia would have a maximum limit of 60 percent hardscape including artificial turf. Also, the hardscape area for all other hardscape materials would go unchanged from the current 40 percent maximum. While Arcadia would surpass the allowed percentages of some of the other cities on the list, most of those have not updated Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 9 of 16 their artificial turf regulations since the State has updated regulations in response to severe drought conditions. With the proposed changes, Arcadia would fall towards the middle among surrounding cities regarding artificial turf allotment. Similar to Arcadia, many other cities require design review to ensure the landscape plan is a well thought out. The plan must be prepared by a licensed landscape architect since it is subject to the Water Efficiency Landscape Ordinance (WELO) and must be approved by the Planning Division prior to installation or, if the property is located within one of the five designated Homeowners Association (HOA) areas, it is subject to the Architectural Review Board (ARB) Chair’s review. This would ensure that front and street side yards present a cohesive design and meet the intent of the Design Guidelines for landscaping. Additionally, through this process, Staff may ensure that there are sufficient artificial turf buffers around protected trees, which may differ on a case-by-case basis. In addition to the amendments to the hardscape percentage to allow more artificial turf, another proposed change is where the artificial turf may be placed on the property. Currently, artificial turf is not allowed to be installed within 10 feet of a sidewalk, or within 20 feet from the curb if there is no sidewalk. This means that properties that have a landscaped parkway must set any artificial turf eight feet inside the front and/or street- side property lines (because parkways are typically 12’ in width). The text amendment would change the City’s regulations to allow artificial turf beginning at one foot inside the property line. The one-foot setback would ensure the City’s Engineering Division and Public Works Department have sufficient space to complete any sidewalk or parkway improvements without damaging the artificial turf. Artificial turf would still not be allowed within the City’s public right-of-way (or public parkway/sidewalk) to ensure the City has access to utilities, street trees, and other public infrastructure and would essentially provide additional naturally landscaped areas in front of the yard areas. To ensure that the artificial turf is of high quality and durable material, the City’s regulations on artificial turf material, length, color, durability, installation, and maintenance would not change under this text amendment. This includes requiring that the turf has: • A minimum eight-year no-fade warranty • Material made from specific lead-free products • A minimum blade height of 1.5 inches • Is green in color with a tan fiber base layer and soil colored fill • Is maintained over time These requirements are verified by the Planning Division along with the submittal of a landscape plan upon the installation of the artificial turf. Code Services ensures that all yard areas are in compliance with the Development Code standards, including making sure all naturally landscaped yards and artificial turf applications are being maintained over time. Any violation of these regulations would require maintenance or replacement of the material. Figure 5 below shows the general composition of layers for an artificial turf application. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 10 of 16 Figure 5 – Artificial Turf Layer Composition Very High Fire Hazard Severity Zones (VHFHSZ) A recent change in the law with regard to fire safety also impacts the placement of artificial turf. State law prohibits installation of any non-State Fire Marshal listed petroleum-based products, such as artificial turf, within 100 feet of any structures if the property is located within a VHFHSZ – refer to Attachment No. 2 of the VHFHSZ area and Figure 6 below. Public Resources Code Section 4291 created the concept of “defensible space” in 1965 as a response to unmitigated wildfires throughout the state. The original defensible space required only 30 feet of reduction of combustible and flammable materials around the structure. In 2006, this distance was increased to 100 feet. In 2023, the State added petroleum materials to the list such as polyethylene, PVC, polypropylene, polystyrene, polyester, nylon, and acrylic. This is what artificial turf is made from since it is made of artificial fibers. These products are highly flammable, may release toxic gasses when ignited, and would hinder firefighting efforts in the event of a wildfire. Currently, there are no artificial turf manufacturers that produce California State Fire Marshal listed products for the VHFHSZ. As a result, a regulation is being added to the Development Code to make it clear to residents that artificial turf is not permitted within a defensible space area in the VHFHSZ. Restricting petroleum based artificial turf within the defensible spaces would ensure there are no fire fuels located within the vicinity of a structure in areas subject to wildfires; however, it would also effectively outlaw artificial turf in the front, rear, or side yards of many (if not most) homes in the subject area. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 11 of 16 Figure 6 – Very High Fire Hazard Severity Zone Map Non-Compliant Properties With the proposed changes and codifying of the VHFHSZ, two of the eight current non- compliant properties would become, or be nearly compliant subject to the exact percentage of hardscape area within the front yard. One of the properties currently located in the VHFHSZ would have to remove their artificial turf in its entirety. The remaining properties which contain close to 100 percent hardscape in the front yard, including artificial turf, would need to remove approximately 40 percent of the hardscape and remove any artificial turf within the public parkway to meet the new regulations. Conversely, under the current regulations, these properties would need to remove almost all of their artificial turf, as their existing pavement takes up a majority of the 40 percent maximum hardscape. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 12 of 16 Advantages of Artificial Turf Some of the advantages of using artificial turf are that it requires little maintenance, conserves water, and reduces greenhouse gas emissions and pollutants since it does not need to be mowed or fertilized. The basic maintenance for artificial turf entails raking to remove leaves and fluff up the turf blades. It is also ideal for certain areas on properties that get very little sunlight, always appears green and healthy, looks well-manicured, is manufactured to be non-toxic and non-allergenic, is typically warrantied to last between 8 to 15 years, is uninhabitable by mosquitos, fleas, and ticks, and allows water/rainwater to percolate through the turf and into the ground. An artificial turf area that is approximately 750 square feet can conserve 22,000 gallons of water per year. Additionally, since the City first established artificial turf regulations in 2016, the quality of artificial turf has vastly improved to appear realistic and allow more permeability. While it at times can be costly to install, the expense and various components that go into installing artificial turf have gotten to a point that it is just as expensive as installing normal landscaping. Disadvantages of Artificial Turf While artificial turf can be considered environmentally friendly in some regards, there are also disadvantages in using this material. One of the disadvantages of artificial turf is that it is made of rubber and plastic and can reach much higher temperatures (20 to 50 degrees higher) than the outdoor temperature causing a “heat island” effect. A 90-degree day can typically create a surface temperature of 140 degrees on artificial turf exposed to the sun. Heat islands contribute to higher daytime temperatures, reduce nighttime cooling, and can contribute to higher air-pollution levels. Most artificial turf products are also flammable. Artificial turf is not biodegradable and typically disposed of in landfills after replacement. Also, it can trap bacteria from animal droppings. Although artificial turf does not require the same level of maintenance as natural turf, it does require detailed spot cleaning including washing and scrubbing if stained with any fluids or debris. Despite these disadvantages, artificial turf installation has been improved to now provide products which may reduce the overall heat island effect through the implementation of natural fills that do not heat as quickly and prevent odor and bacteria from animals. Additionally, the installation and maintenance regulations in the Development Code are in place to ensure no additional issues arise with the quality of the artificial turf being used. While there are pros and cons to installing artificial turf, many residents in the City would like to install more artificial turf to meet their preferences and needs. Given that the State has experienced years of drought and that many residents are trying to do the right thing by conserving water, relaxing the standards to allow more artificial turf would give property owners the option to be more flexible and creative with their landscape design while still ensuring that a natural landscape is the prominent streetscape in the community. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 13 of 16 2. Allowing Tutoring and Educational Centers as an Accessory Use to Places of Religious Assembly Currently, the Development Code does not allow any accessory uses at places of religious assembly other than day care centers or part-time or full-time schools, which are incidental to the place of worship. Places of religious assembly are often used only one or two days per week, on weekends, and contain large spaces suitable for gatherings and classroom style teaching. Tutoring and educational centers typically operate throughout the week, after school hours. This means the two uses would be compatible with one another as they would occupy the same space at different times throughout the week. Being able to rent the otherwise underutilized space provides opportunities for places of religious assembly to generate income, allowing for ongoing financial stability. Many places of religious assembly continue to suffer from reduced attendance after COVID-19 and need ongoing income to maintain their services and buildings. Places of worship also tend to have large parking lots and queueing areas for cars, which addresses the main concern of tutoring facilities that can create traffic impacts during drop-off and pick-up times. The proposed text amendment would allow tutoring and educational centers as an accessory use at places of religious assembly in all zones, subject to the approval of a Conditional Use Permit. Tutoring and educational uses require the approval of a Conditional Use Permit to operate within other zones throughout the City. A Conditional Use Permit would ensure that such a business would be suitable for the space it is occupying, that the hours of operation would not create any issues with the primary use or neighboring properties, that there would be sufficient parking and drop-off areas on site, and that the tutoring or educational center would not create any potential impacts. Conditional Use Permits are subject to public hearings at the Planning Commission under all circumstances. PLANNING COMMISSION HEARING The Planning Commission held a public hearing on July 25, 2023, on the proposed text amendments. There was one public comment in favor of the proposed changes from one of the affected property owners with non-permitted artificial turf. After much discussion, the Planning Commission was in favor of increasing the artificial turf area to the proposed amount within the front and street side yard areas, and believed the site plan and design review process would ensure a cohesive and detailed landscape design inclusive of artificial turf. The Planning Commission had no issues with allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit and were unanimously in favor of the amendment (refer to Attachment No. 3 for the Excerpt of Planning Commission Minutes). Following the discussion, the Planning Commission voted unanimously to adopt Resolution No. 2129 recommending that the City Council approve the proposed text amendments. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 14 of 16 FINDINGS Pursuant to Section 9108.03.060, an amendment to the Development Code may be approved only if all of the following findings are made: 1. The proposed Development Code amendment is consistent with the goals, policies, and objectives of the General Plan and any applicable specific plan(s). Facts to Support the Finding: The proposed amendments are consistent with the policies of the General Plan, which serves as a guide to address the long-term physical development and growth of the City. The proposed amendment to allow more artificial turf on residentially zoned properties will ensure that the urban design practices will further reduce water consumption, pollution, and greenhouse gas emissions and support the needs of the City residents with the following General Plan goal and policies: Resource Sustainability Element • Goal RS-4: Wise and sustainable water use practices that respond to and support the needs of City residents and businesses. • Policy RS-4.3: Require that applications for major new development projects address the adequacy and reliability of water supplies as described in SB 610. • Policy RS-4.6: Implement aggressive public and private programs to reduce water use and water waste associated with landscape irrigation, including the planting of native and drought-tolerant plants, use of efficient irrigation systems, and collection and recycling of runoff. The proposed amendment to allow tutoring and educational centers to serve as accessory uses at places of religious assembly through a Conditional Use Permit process is consistent with the General Plan because it encourages the City to tailor its regulations to respond to the market as it changes, maximize revenue, and maintain appropriate business mix and to provide economic opportunities for the various uses in the City. Allowing tutoring and educational centers would be an appropriate mix of uses within a place of religious assembly since many of these religious facilities already offer this type of service or programs through their ministry and have the facility to accommodate such use. This proposed amendment is consistent with the following General Plan goal and policies: Economic Development Element • Policy ED-1.9: Tailor regulations to respond to market changes, maximize revenue, and maintain the appropriate business mix. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 15 of 16 Land Use Element • Goal LU-1: A balance of land uses that preserves Arcadia’s status as a Community of Homes and a community of opportunity. • Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. The proposed amendment to the artificial turf regulations is consistent with the City’s General Plan because it puts measures in place that will promote water conservation through landscaping. The proposed amendment to allow tutoring and educational centers in places of religious assembly will help the existing religious organizations provide other opportunities that are currently compatible with their existing operation. Therefore, the proposed Text Amendment and ordinance are consistent with the City’s adopted General Plan and any applicable specific plan(s). 2. The proposed amendment is internally consistent with other applicable provisions of this Development Code. Facts to Support the Finding: The proposed amendments are internally consistent with other applicable provisions of this Development Code in that artificial turf is currently allowed on residentially zoned property. The amendment would only increase the percentage to allow more, while also amending the applicable provisions concerning the installation, specification of the products, and provisions to ensure that it is a well thought out design. Other provisions regarding landscaping and hardscape materials will remain the same. As for the amendment to allow tutoring and educational centers within places of religious assembly, it will also be internally consistent with provisions of the Development Code because any approval would be subject to a discretionary review through a Conditional Use Permit to ensure that all potential impacts are addressed and that the proposed use is compatible with the existing on-site use, and with the surrounding business and/or community. Therefore, the Text Amendment is internally consistent with other applicable provisions of this Development Code. ENVIRONMENTAL ANALYSIS The proposed changes to the Development Code pertaining to artificial turf in residential zones and tutoring and educational centers in places of religious assembly are exempt from the requirements of CEQA pursuant to Section 15061(b)(3), as it can be seen with certainty that the proposed text amendments would not have a significant effect on the environment and, thus, are not subject to CEQA review. See Attachment No. 4 for the Preliminary Environmental Assessment. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 16 of 16 PUBLIC COMMENTS/NOTICE The public hearing notice for this City Council meeting was published in the Arcadia Weekly on September 14, 2023. As of September 29, 2023, staff did not receive any additional concerns or comments from the public. There was one public comment on the proposed Text Amendments from the Planning Commission Hearing on July 25, 2023, in favor of the proposed changes from one of the affected property owners with non-permitted artificial turf. On June 28, 2023, a letter was sent to all the affected property owners that have non- permitted artificial turf and to the five City designated Homeowners Association Presidents and Architectural Review Board Chairs. This letter was sent to inform recipients of the proposed change, and to date, no comments in opposition to the proposed amendments have been received. FISCAL IMPACT The proposed text amendments would have no significant fiscal impact on the City’s budget. RECOMMENDATION It is recommended that the City Council find that the proposed action is exempt from CEQA; and Introduce Ordinance No. 2397 to approve Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code to increase the allowable area for artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit. Attachment No. 1: Ordinance No. 2397 Exhibit A – Development Code, Division 2 – Land Use Regulations and Allowable Uses Exhibit B – Development Code, Division 3 - Landscaping Exhibit C – Development Code, Division 9 - Definitions Attachment No. 2: Map of the Very High Fire Hazard Severity Zones Attachment No. 3: Excerpt of the Planning Commission Minutes, dated July 25, 2023 Attachment No. 4: Planning Commission Resolution No. 2129 and Staff Report, dated July 25, 2023, including all the attachments Attachment No. 5: Preliminary Exemption Assessment Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User C ommunity Very High Fire Hazard Severity Zones - City of Arcadia Sources: City of Arcadia, Cal Fire, ESRI Legend City Boundary Fire Hazard Severity Zone ¯ 0 0.50.25 Miles ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, July 25, 2023 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Tsoi called the meeting to order at 7:00 p.m. at the Emergency Operations Room in the Police Department, located at 250 W. Huntington Drive, Arcadia. ROLL CALL PRESENT: Chair Tsoi, Arvizu, Hui, and Tallerico ABSENT: Vice Chair Wilander It was moved by Commissioner Tallerico and Seconded by Commissioner Arvizu to excuse Vice Chair Wilander from the meeting. Without objection, the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Deputy Development Services Director Ms. Flores welcomed Commissioner Arvizu to the Planning Commission. Ms. Flores also informed the Commission of the late correspondence for item no. 2. A hard copy was provided and distributed through email. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2129 – Recommends that the City Council approve Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly. CEQA: Exempt Recommendation: Adopt Applicant: City of Arcadia -- Development Services MOTION - PUBLIC HEARING Chair Tsoi introduced the item and Associate Planner Edwin Arreola gave a detailed power point presentation of the proposed text amendments. Commissioner Tallerico asked why the two unrelated issues were presented under the same Text Amendment. Chair Tsoi had the same thought. 2 7/25/23 Mr. Arreola explained it is common practice to include all the changes under the same Ordinance since it is amending various sections of the same Development Code. Ms. Flores introduced Fire Marshal Mark Krikorian who was present to answer any questions. Commissioner Tallerico asked why the City originally did not allow any artificial turf. Ms. Flores explained the City had concerns with the material and the appearance of the artificial turf back then, but the product has improved over the years and so has the impermeability. Commissioner Tallerico asked why the City did not propose similar regulations to that of cities like Monrovia and Pasadena who do not have a limitation on the amount of artificial turf. Ms. Flores responded that it was not the preferred option by the City Council. Also, it is easier for the residents to have some type of metric, so they know how much artificial turf is allowed. Commissioner Tallerico said he disagreed with the limitations being proposed. Commissioner Tallerico asked why the Text Amendment went to the City Council and not to the Planning Commission first. Ms. Flores explained the City Council is the policy decision makers, so they set the policies first for the City and provide Staff and the Planning Commission with direction in how they would like the policies implemented. Commissioner Tallerico asked if all artificial turf poses a fire hazard. Fire Marshal Krikorian responded that there is only one manufacturer in the United States that is fire rated and has been independently tested and rated Class A, which is the highest fire-retardant rating. Commissioner Hui asked if the residents are aware of the City’s landscaping regulations. Mr. Arreola responded, and it is the property owner’s due diligence to review the City’s regulation or contact the Planning Division to learn more about the regulations prior to installing artificial turf. Commissioner Hui asked if the public will be notified about the Text Amendment if it gets approved. She also asked how long it will take to get landscaping plans approved. Mr. Arreola explained the timing of the review process and the text amendment was published in the Arcadia Weekly newspaper. Ms. Flores added that there will be an article in the City’s newsletter informing the residents of the proposed changes this fall. Commissioner Arvizu asked for clarification about the different issues of the Text Amendment and what will occur if the Commission agrees with one text amendment but not the other. Ms. Flores responded that the resolution would have to be revised to reflect the changes. Commissioner Arvizu asked if it is possible to have separate resolutions for unrelated issues in future Text Amendment proposals. 3 7/25/23 Assistant City Attorney Ms. Yeo explained Text Amendments are historically processed with many differing issues because they all fall under the umbrella of the proposed Text Amendment. Ms. Yeo said they can look into possibly separating unrelated issues in future Text Amendment proposals, but it is not the preferred method. Commissioner Arvizu asked Fire Marshall Krikorian about the Very High Fire Hazard Severity Zones Map of Arcadia specifically about the area south of Sierra Madre Boulevard and west of Santa Anita Avenue. Mr. Arvizu asked how that area is not considered high fire hazard if the topography is similar to the area labeled as a High Fire Hazard zone. Mr. Krikorian explained this map was developed by the California Department of Forestry and Fire Protection and was then modified by the City to make it more enforceable. Commissioner Arvizu asked if the map was to be modified in the future to include additional area within the high fire hazard zone will those properties have to remove their artificial turf. Mr. Krikorian responded that the high fire hazard area may expand in the future and yes those properties will be subject to the new requirements. Commissioner Arvizu asked if Synlawn is a petroleum-based material. Mr. Krikorian responded that this artificial turf is treated with chemicals to make it flame retardant. He said it is not non- combustible, but it would delay the spread of fire. Commissioner Arvizu asked how staff determined the proposed maximum artificial turf area. He also asked if the City’s proposal is more than any of the other cities that were listed in the staff report. Mr. Arreola explained that it depends how cities classify artificial turf (landscape vs. hardscape). The proposed 60% maximum of hardscape would be more than other cities, however that is only because the City classifies artificial turf as “hardscape.” All other hardscape material that are not of artificial turf such as concrete and paved surfaces cannot exceed 40%. Commissioner Arvizu asked if the setback was being amended to accommodate utilities or for other reasons. Mr. Arreola responded that the setback was changed to allow homeowners more flexibility for the placement of artificial turf. The City only needed one foot from the property line for utility purposes. Commissioner Tallerico asked if residents were ignoring the City’s landscaping regulations. Mr. Arreola responded that was not necessarily the case and explained there have been 28 Code Enforcement cases since 2020 and are now down to nine (9) open code enforcement cases for landscaping violations. He said most residents have been actively working with the City to bring their property into compliance since they were not aware of the limitations. Chair Tsoi asked what materials are considered hardscape. Mr. Arreola responded and listed the materials. Chair Tsoi asked if there are any limitations for artificial turf in the backyard and if the percentages allowed in other cities are including the entire property or just the front yard. 4 7/25/23 Mr. Arreola responded, and artificial turf is only limited within the front and/or street-side yard areas. Chair Tsoi asked if there were any questions regarding the second text amendment. Commissioner Tallerico asked what the difference is between having a religious organization and a non-religious organization that wants to rent out their facilities for tutoring or educational uses. Ms. Flores responded that the City currently does not allow a third party educational and tutoring center to rent a space within a religious assembly, however, it is allowed in certain zones through a Conditional Use Permit. This text amendment will allow it at either at a religious or non-religious facility if the underlying zone allows this use through a Conditional Use Permit. The public hearing was opened. Arcadia resident Tom Hsia spoke in favor of artificial turf, and that brown and unkept lawns are more of a fire hazard than having artificial turfs that is treated with fire retardant. He further mentioned that artificial turf has it benefits especially for those that are allergic to grass. No one else spoke in favor of the proposal. Chair Tsoi asked if there were any speakers in opposition of the proposal. No one spoke in opposition of the proposal. It was moved by Commissioner Tallerico, seconded by Commissioner Arvizu, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico agreed with the allergy comment made by Mr. Hsia, and although he is not fond of artificial turf, he stated that property owners should have the right to decide what they want when it comes to their own landscaping. Mr. Tallerico was also in favor of allowing places of religious assembly to lease their vacant facilities for education and tutoring centers. Commissioner Hui was in favor of both text amendments. Commissioner Arvizu had some concerns with the appearance of artificial turf but is content because the property owner would still have to go through the City’s design review process. Mr. Arvizu was also in favor of allowing tutoring and educational centers in churches and stated that it will be a good way to utilize those vacant spaces. Commissioner Tallerico stated he would be interested in changing the artificial turf regulation to allow unlimited amount like the other cities in the area. 5 7/25/23 Commissioner Arvizu responded to Commissioner Tallerico suggestion and stated that he prefers not to allow unlimited turf and it could get very subjective during the design review process. Chair Tsoi agreed with Commissioner Arvizu comments. MOTION It was moved by Commissioner Tallerico, seconded by Commissioner Arvizu to adopt Resolution No. 2129 recommending the City Council approve Text Amendment No. TA 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly. ROLL CALL AYES: Chair Tsoi, Arvizu, Hui, and Tallerico NOES: None ABSENT: Vice Chair Wilander Motion was approved. DIRECTOR’S ITEM 1. Approving a subsequent one-year extension for vesting Tentative Tract Map No. TTM 19-01 (82734) at 117- 129 E. Huntington Drive and 124-134 Wheeler Avenue CEQA: Exempt Recommendation: Approve Applicant: Arcadia Huntington Plaza, LLC PUBLIC HEARING Chair Tsoi introduced the item and Planning Services Manager Fiona Graham presented the staff report. Assistant City Manager and Development Services Director, Jason Kruckeberg, explained why this extension was being brought to the Planning Commission. Mr. Kruckeberg also mentioned that this project has a development agreement in which the City sold a parking lot to the developer and is required to incorporate 55 public parking spaces into the development. Commissioner Tallerico asked what is the future item that will be brought to Planning Commission for consideration. Mr. Kruckeberg responded that it will be a review of the development agreement. Commissioner Tallerico asked to clarify if the item is a parking issue. Mr. Kruckeberg explained that it is, and it is the reason the City went into a development agreement with the developer. Commissioner Tallerico asked staff if they think this project can be successful. Mr. Kruckeberg explained he thinks all projects should be successful and this project was given conditions of approval to ensure it succeeds, it has just taken a long time to complete it. 6 7/25/23 Commissioner Tallerico asked if the restaurant Matt Denny’s will be affected. Mr. Kruckeberg confirmed the parking lot immediately behind Matt Denny’s will not be affected. Commissioner Hui asked what is the periodic review of the development agreement that Mr. Kruckeberg referenced. Mr. Kruckeberg explained the Development Code allows the City to perform annual periodic reviews of development agreement because they involve public facilities or public resources. Commissioner Hui asked about the developer’s latest submittal and what are some their outstanding items. Ms. Graham explained there are various conditions of approval that are outstanding and must be met before the plans can be approved and building permits can be issued. Commissioner Hui asked what that timeline looks like, from submission to completion. Ms. Graham explained it depends on how fast certain tasks are completed. Ms. Graham explained staff is recommending the approval of the extension to allow the applicant an additional 12 months to continue progressing on the project. Chair Tsoi asked if the Tentative Map is to combine all the lots together and which businesses used the parking lot that was sold to the developer. Ms. Graham and Mr. Kruckeberg confirmed the Tentative Map is to combine all the lots together and she said the parking lot was a public parking lot that was available for the public to use. Commissioner Hui asked why the 55 parking spaces are important to be provided if there is plenty of available parking in the area. Mr. Kruckeberg explained that many of the buildings that utilized the parking lot are owned by the developer. These buildings have been vacant for that reason which is why the parking lot has not been utilized. Chair Tsoi asked which parking lot exit is being affected. Ms. Graham said it is the alley that meets First Avenue. Ms. Graham went on to explain that one section of the alley will need to be closed due to the construction that needs to be done. There is one resident who lives on the second floor of the commercial building on First Avenue and their only access to their home is through a door off the alley that will be blocked by the construction. Therefore, an arrangement needs to be made by the developer to guarantee the resident has access or that tenant needs to be relocated. Chair Tsoi asked if the City will help facilitate the project if the resident is not willing to cooperate. Ms. Flores stated the City has been working with the Developer and the owner to facilitate the process of relocating that tenant. 7 7/25/23 Chair Tsoi asked if there are any guidelines for the extension regarding the length of time that can be granted. Ms. Flores explained the developer will need the full one-year extension based on the outstanding items and she would not recommend anything less than a year. Commissioner Arvizu asked if the extension will have any financial impact on the City. Mr. Kruckeberg explained part of the agreement was that the parking lot remain public throughout the development process, therefore the City does not experience any financial impact. Once building permits are issued and construction begins, they will be required to provide temporary public parking. The Commissioners had no further questions for staff. PUBLIC COMMENT Ben Zhang introduced himself as the project manager and explained that the pandemic has impacted their progress and as a result have fallen behind. Mr. Zhang asked for a one-year extension and promised to work on the remaining conditions of approval and provide the City with timely updates. He responded to the question regarding the parking lot, and that a parking lot management plan was submitted to the City to address the parking spaces that will be affected during construction. Mr. Zhang went on to explain they are currently going through the bidding process for the utilities. He states they are also working with property owner and tenant at 16 N. First Avenue to resolve the issue and come up with a solution that will work for both parties. Chair Tsoi asked if anyone would like to speak on the item. There were none. It was moved by Commissioner Arvizu, seconded by Commissioner Tallerico, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico thinks this is a fantastic project that will benefit the community and shares the same concerns the City has, but is supportive of the extension. The rest of the Commission was in support of the extension. MOTION It was moved by Commissioner Hui, seconded by Commissioner Arvizu to approve the subsequent one-year extension for vesting Tentative Tract Map No. TTM 19-01 (82734) at 117- 129 E. Huntington Drive and 124-134 Wheeler Avenue which is exempt from CEQA 8 7/25/23 ROLL CALL AYES: Chair Tsoi, Arvizu, Hui, and Tallerico NOES: None ABSENT: Vice Chair Wilander The motion was approved. CONSENT CALENDAR 1. Minutes of the June 27, 2023, Regular Meeting of the Planning Commission Recommended: Approve Commissioner Hui made a motion to approve the minutes and seconded by Commissioner Tallerico. ROLL CALL AYES: Chair Tsoi, Hui, and Tallerico NOES: None ABSENT: Vice Chair Wilander Commissioner Arvizu abstained since he was not present at the June 27, 2023, meeting. The motion was approved. MATTERS FROM CITY COUNCIL LIAISON Dr. Cao reported that the City is hosting summer concerts at the City Hall lawn on Thursday evenings. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Hui informed the Commissioners about a fundraising concert for the Arcadia Performing Arts Foundation on September 23, 2023. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Yeo had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that Planning Services Manager Fiona Graham will be on maternity leave through the end of November. Commissioner Tallerico and Commissioner Hui confirmed that they will be absent at the August 8 meeting, and Vice-Chair Wilander mentioned at the previous meeting she will be absent. Given that three Commissioners will be absent at the August 8 meeting, Ms. Flores informed them that meeting will be cancelled due to the lack of quorum. 9 7/25/23 ADJOURNMENT The Planning Commission adjourned the meeting at 9:07 p.m., to Tuesday, August 22, 2023, at 7:00 p.m. in the City Council Chamber. Chair Tsoi, Planning Commission ATTEST: Lisa L. Flores Secretary, Planning Commission DATE: July 25, 2023 TO: Honorable Chair and Planning Commission FROM: Lisa Flores, Deputy Development Services Director By: Edwin Arreola, Associate Planner SUBJECT: RESOLUTION NO. 2129 – RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT AMENDMENT NO. 23-01 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ARTIFICIAL TURF IN RESIDENTIAL ZONES AND ALLOWING TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY CEQA: Exempt Recommendation: Adopt SUMMARY The Development Services Department has initiated a Text Amendment No. TA 23-01 to amend various sections of the City’s Development Code that consists of: 1) An amendment to increase the allowable area for artificial turf on residential zoned properties; and 2) Allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit (refer to Attachment No. 1). It is recommended that the Planning Commission adopt Resolution No. 2129, recommending that the City Council approve Text Amendment No. TA 23-01 and determine the Text Amendment is statutory exempt from the California Environmental Quality Act (“CEQA”). BACKGROUND Artificial Turf The City originally created regulations to allow artificial turf in the front and street side (corner) yards of residential properties in 2016. This was as a result of Governor Brown signing AB 1164 into law, which prevented cities from prohibiting the installation of artificial turf, along with 23 other related bills, to help with the ongoing drought in 2015. Prior to 2016, artificial turf was not permitted on any residential properties in this City. Due Text Amendment No. 23-01 July 25, 2023 Page 2 of 16 to persistent drought conditions and more community interest in the installation of artificial turf in residential areas, the City received numerous requests from residents to give additional considerations to the limitations on artificial turf as a means for water conservation and/or landscape maintenance. Additionally, there are at least nine properties where artificial turf has been installed in the front yard areas that exceed the permitted amount allowed by the City. Two of these properties are located within the Very High Fire Hazard Severity Zone (VHFHSZ) area where it is no longer permitted. There were more properties that were in violation of the artificial turf standards over the years, but they have since been brought into compliance. At the March 7, 2023 City Council meeting, a PowerPoint presentation was provided to better illustrate the issues and options for consideration. The City Council discussed whether the policies should remain the same, allow for an increased use of artificial turf as hardscape, or allow for an unlimited application of artificial turf. The City Council agreed that the City should increase the artificial turf limit, include information of what other cities allow, and provide information on any maintenance issues they should be aware of. Tutoring and Educational Centers in Places of Religious Assembly In recent years, several places of religious assembly have contacted the Planning Division asking if they can lease their vacant classrooms to tutoring businesses. Arcadia has several religious properties throughout the City containing classrooms and other spaces which are underutilized, especially during the work week. Places of religious assembly are often uniquely suited to accommodate tutoring and educational centers due to the complementary operating schedules, large parking lots, and available classroom space. To make better use of these spaces, and generate income to support the religious organizations, leasing these rooms to businesses such as tutoring and educational centers has been requested. Currently, the Development Code does not allow tutoring and educational centers to operate at places of religious assembly. The only accessory uses allowed are day care centers, or schools that are run and operated by the religious organization itself. This text amendment would allow a third party to operate a tutoring and educational center at a place of religious assembly through approval of a Conditional Use Permit. If approved, the text amendment would also allow an existing, unpermitted tutoring center, TECC at the Arcadia Community Church at 121 Alice Street, to apply for a Conditional Use Permit. ANALYSIS Section 9103.09.040 of the Arcadia Development Code sets forth development standards for landscape requirements throughout the City, including artificial turf. This section is proposed to be updated to expand the amount of artificial turf permitted in the front and street side yard setbacks for residential properties. The Development Code is also being Text Amendment No. 23-01 July 25, 2023 Page 3 of 16 updated to allow for tutoring and educational centers at places of religious assembly in all zones, subject to a Conditional Use Permit. 1. Artificial Turf Current Standards The standards below are what is currently permitted per the Development Code regarding the installation of artificial turf on all residential properties within the City: • Hardscape materials of driveways and pedestrian walkways, including pavement, concrete, interlocking pavers, and the use of artificial turf, shall not cover more than 40 percent of the required front setback or street side. • In any zone, a maximum of 15 percent of the yard area within the front or street side yards may be installed with artificial turf. Artificial turf shall not be installed within 10 feet of a sidewalk or within 20 feet from the curb if there is no sidewalk. • Artificial turf is permitted in any zone within any back yard and/or interior side setback areas. • Artificial turf is not permitted within any parkway areas. • Artificial turf must have a minimum eight-year no-fade warranty as issued by the manufacturer; be cut-pile infill and made from lead-free polypropylene, polyethylene or a blend of such fibers on a permeable backing; and, have a minimum blade length (pile height) of 1.5 inches, or as determined by the Director as manufacturing processes are updated. Nylon-based or plastic grass blades are not permitted. The use of indoor/outdoor carpeting, and artificial shrubs, flowers, trees and vines instead of natural plantings is prohibited. Infill medium must consist of ground rubber; rubber coated sand or other approved mixtures and must be brushed into the fibers of the artificial turf. The style of the fiber, color, and texture shall resemble fescue, rye, and other common natural grass blades. • Artificial turf must be installed per all manufacturer’s requirements and must include removal of all existing plant material and top three inches of soil in the installation area; placement of filter fabric or synthetic porous material over compacted and porous crushed rock or other comparable material below the turf surface to provide adequate drainage; and, the area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property. • Artificial turf must be maintained in a green, fadeless condition, free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the Text Amendment No. 23-01 July 25, 2023 Page 4 of 16 existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited. Additionally, landscape alterations which include artificial turf or that are larger than 2,500 square feet must comply with the City’s Water Efficient Landscape Ordinance and be approved by the Planning Division prior to installation. Figure 1 - 15% Artificial Turf Coverage Figure 1 above shows a 25 foot front yard setback on a 75 foot wide lot, a typical lot size in the City, with a 16 foot wide driveway (gray), a typical driveway width that leads into a two car garage. The dark green represents artificial turf, light green represents natural landscaping, the gray represents driveway, and hatched lines represent the City’s parkway (in some cases it contains a paved sidewalk). A total of 281 square feet of artificial turf (or 15 percent of the front yard) is permitted for a front yard of this size. The diagram gives an idea of what the percentage of artificial turf area would look like when taking into account the City’s parkway area at the front of the yard. Percentage Increase Study The ongoing statewide drought and subsequent watering limitations affecting the City of Arcadia in recent years has required residents to rethink the fully landscaped yards and green grass lawns typical of Arcadia residences. During this time, drought tolerant landscaping has been promoted as an alternative to encourage water conservation. As we continue to experience drought, the City has received numerous requests from residents to give additional consideration to the limitations on artificial turf as a means for water conservation and/or landscape maintenance. Additionally, a few residential properties have been improved with artificial turf amounts that exceed the permitted amount allowed by the City. As a result, many of these properties currently have code violations since the improvements were not approved. Text Amendment No. 23-01 July 25, 2023 Page 5 of 16 Figure 2 – Narrow Lot that Cannot Apply Any Artificial Turf Under Current Standards City staff studied various options for potentially increasing the artificial turf limitations in the front and street side yard areas ranging from a slight increase up to 100% artificial turf on different lot sizes typically found in Arcadia. The current 15% maximum, while allowing some artificial turf on lots with a width of 75 feet or greater, prevented most smaller lots from including any artificial turf in the front yard, as their driveways and walkways took up all of the allowed 40% maximum hardscape (see Figure 2 above). In reviewing these options, properties that were in violation of the artificial turf regulations were also studied. The two properties shown below show examples of what properties look like with larger amounts of artificial turf and what the property owners did to bring those sites into compliance with the current regulations. Figure 3, Before – With Artificial Turf that Exceeds the Maximum Limit Text Amendment No. 23-01 July 25, 2023 Page 6 of 16 Figure 3, After – Artificial turf was replaced with natural landscape. This is the same house above but was brought into compliance. The property above in Figure 3, while providing a balance of natural landscaping and artificial turf type that meets the specifications of the code, was in violation for having over 15% of the front yard covered in artificial turf and was required to remove a significant portion of artificial turf to bring it into compliance. Figure 4, Before – With Artificial Turf Text Amendment No. 23-01 July 25, 2023 Page 7 of 16 Figure 4, After – Artificial turf replaced with natural landscape. The property above in Figure 4 had a majority of the front yard covered in hardscape consisting of the driveway, walkway, and artificial turf with very small pockets of natural landscaping. Since the driveway and walkway areas took up 40% of the front yard on this narrower lot, the artificial turf was removed and replaced with natural turf in order to comply with the current regulations. While some of the properties presented cohesive applications of artificial turf mixed with natural landscaping, the maximum hardscape and artificial turf requirements required most of the artificial turf to be removed. This leads to one of the main issues with artificial turf in the City today, which is that a large expense goes into applying artificial turf and approval is not always sought out. At the March 7, 2023 City Council meeting, Staff presented three options to the City Council; 1) Keep the artificial turf standards the same, 2) Increase the percentage to allow more artificial turf, or 3) Do not limit the amount of artificial turf. In consideration of the cohesive applications of artificial turf seen in some of the code cases which presented a balanced look while still providing significant portions of natural landscaping and smaller lots which were hindered by the current regulations, Staff recommended increasing the amount of artificial turf in the front and street side yards while not increasing the amount of other hardscape materials. This would allow more leniency in the amount of turf for sites in violation of the code, still require a generous portion of natural landscaping, and allow the front and street-side yards to remain green throughout the year. After much Text Amendment No. 23-01 July 25, 2023 Page 8 of 16 discussion, the City Council agreed that the existing regulations should be amended to allow more artificial turf. Proposed Changes to the Standards After initially considering a sliding scale that would allow a tiered artificial turf percentage for the different lot sizes in the City, it was determined that a set percentage for all properties would be easier for the public to understand and to regulate. Ultimately it would not make much of a difference to the amount of artificial turf on each lot. Under the proposed amendment, the amount of hardscape will remain at 40% if artificial turf is not used but will expand to a maximum of 60% if artificial turf is proposed. In other words, any hardscape over 40% must be artificial turf - refer to Attachment No. 1, Exhibit A for the entire text amendment. Artificial turf will continue to not be permitted within the public parkway. All remaining area outside of the percentages listed above must be natural landscape. A property maximizing the proposed changes would have at least 40% of naturally landscaped materials within the front and/or street yard areas. At most, 40% of the front and corner yards will have hardscape materials that comprise the driveways and walkways. The remaining 20% would consist of artificial turf. The proposed percentage of 60% would still provide a reasonable area of natural landscaping that can be blended with artificial turf and still provide an adequate and functional driveway and walkways. Figure 5 - Artificial Turf Under the Proposed Regulations Figure 5 is another example of how much more artificial turf a property owner could have under this amendment, when compared to Figure 1 under the existing regulations. A total of 725 square feet of artificial turf (or about 38.5% of the front yard) is permitted on a lot Text Amendment No. 23-01 July 25, 2023 Page 9 of 16 that is 75 wide with a 16 foot wide driveway. The diagram also shows the parkway area in relation to the private property, which will be required to be naturally landscaped, aside from any sidewalks that are present. Any landscaping within the City’s parkway would give the adjacent front yard a sense of a larger naturally landscaped area. Another proposed change to the City’s artificial turf regulations is where the artificial turf may be placed on the property. Currently, artificial turf is not allowed to be installed within 10 feet of a sidewalk, or within 20 feet from the curb if there is no sidewalk. This means that properties that have a landscaped parkway must set any artificial turf eight (8) feet inside the front and/or street-side property lines (because parkways are typically 12’ in width). The text amendment will change the City’s regulations to allow artificial turf at a minimum of one foot inside the property line. This proposed change will allow sufficient area for property owners to install artificial turf up to the maximum allowed under the new regulations. The one-foot setback will ensure the City’s Engineering Division and Public Works Department have sufficient space to complete any sidewalk or parkway improvements without damaging the artificial turf. Artificial turf is still not allowed within the City’s public right-of-way (or public parkway/sidewalk) to ensure the City has access to utilities, street trees, and other public infrastructure. This limitation will not change under this amendment and will essentially provide additional naturally landscaped areas to the front and street side yard. Any application of artificial turf within the front and street side yard areas will require the approval of a landscape plan and is subject to the City’s design review process with the Planning Division or, if the property is located within one of the five designated Homeowners Association (HOA) areas, it is subject to the Architectural Review Board (ARB) Chair’s review. This will ensure that front and street side yards present a cohesive design and meet the intent of the Design Guidelines for landscaping. Additionally, through this process, Staff may ensure that there are sufficient artificial turf buffers around protected trees which may differ on a case-by-case basis. To ensure that the artificial turf is of high quality and a durable material, the City’s regulations on artificial turf material, length, color, durability, installation, and maintenance will not change under this text amendment. This includes requiring that the turf has: • A minimum eight-year no-fade warranty • Material made from specific lead-free products • A minimum blade height of 1.5 inches • Is green in color with a tan fiber base layer and soil colored fill • Is maintained over time Figure 7 below shows the general composition of layers for an artificial turf application. Text Amendment No. 23-01 July 25, 2023 Page 10 of 16 Figure 7 – Artificial Turf Layer Detail Very High Fire Hazard Severity Zone A recent change in the law with regard to fire safety also impacts the placement of artificial turf. State law prohibits installation of any non-State Fire Marshal listed petroleum-based products, such as artificial turf, within 100 feet of any structures if the property is located within a VHFHSZ – refer to Attachment No. 2 of the VHFHSZ area. The Public Resources Code 4291 created the concept of “defensible space” in 1965 as a response to unmitigated wildfires throughout the state. The original defensible space required only 30 feet of reduction of combustible and flammable materials around the structure. In 2006, this distance was increased to 100 feet. In 2023, the State added petroleum materials to the list such as polyethylene, PVC, polypropylene, polystyrene, polyester, nylon and acrylic. This is what artificial turf is made from since it is made of artificial fibers. These products are highly flammable, release highly toxic gasses when ignited, and would hinder firefighting efforts in the event of a wildfire. Currently, there are no artificial turf manufacturers that produce California State Fire Marshal listed products for the VHFHSZ. As a result, a regulation is being added to the Development Code to make it clear to residents that artificial turf is not permitted within a defensible space area in the VHFHSZ. Restricting petroleum based artificial turf within the defensible spaces will ensure there are no fire fuels located within the vicinity of a structure in areas subject to wildfires. Non-Compliant Properties with Artificial Turf With the proposed changes, three of the nine non-compliant properties would become compliant subject to artificial turf being removed from the City’s parkway areas. Two of the properties currently located in the VHFHSZ will have to remove their artificial turf in Text Amendment No. 23-01 July 25, 2023 Page 11 of 16 its entirety. The last four remaining properties which contain close to 100% hardscape in the front yard, including artificial turf, will need to remove approximately 40% of the hardscape to meet the new regulations, if approved by the City Council. However, under the current regulations, these properties would essentially need to remove close to all of the artificial turf, as their existing pavement takes up a majority of the 40% maximum hardscape. Comparison to Other Cities The proposed changes are in line with other cities in San Gabriel Valley, some of which have recently updated their regulations to be even more permissive with regard to artificial turf. Table 1 below shows what other cities allow. Like Arcadia, many of them require design review to ensure the landscape plan is a well-thought design that is cohesive, and the plan must be prepared by a licensed landscape architect since it is subject to the Water Efficiency Landscape Ordinance (WELO). Table 1– Surrounding Cities Artificial Turf Regulations CITY ARTIFICIAL TURF PERCENTAGE Alhambra (updated in 2016) & Monterey Park No limit; artificial turf counted as landscaping Temple City (updated in 2023) 43% max artificial turf; minimum 22% live vegetation required Duarte (updated in 2016) and El Monte (updated in 2023) 40% max artificial turf; minimum 20% landscape required La Canada Flintridge, Sierra Madre, and Rosemead 50% max. hardscape (includes artificial turf) San Marino 45% max. hardscape (includes artificial turf) South Pasadena 30% max. hardscape (includes artificial turf) San Gabriel 25% max. artificial turf Pasadena & Monrovia Requires submittal of landscape plan – These cities do not have a maximum limit. There was a wide range of artificial turf percentages throughout the various cities in the vicinity. Currently, Arcadia is one of the more restrictive cities in terms of allowed artificial turf area compared to neighboring cities. Temple City, El Monte, Duarte and Alhambra have changed their artificial turf regulations since 2016. While Alhambra does not have a limit, the other cities have set a higher maximum amount of artificial turf and a minimum amount of natural landscaping in the front and street side yard areas. In comparison to the 20% and 22% minimum landscaping set by those cities, Arcadia would essentially require more, with a minimum of 40% landscaping required when using artificial turf. With Text Amendment No. 23-01 July 25, 2023 Page 12 of 16 the proposed changes, Arcadia would fall within the middle of the list of the surrounding cities in regard to artificial turf allotment. Advantages of Artificial Turf Some of the advantages of using artificial turf are that it requires very little maintenance, conserves water, and reduces greenhouse gas emissions and pollutants since it does not need to be mowed or fertilized. It is also ideal for certain areas on properties that get very little sunlight, always appears green and healthy, looks well-manicured, is manufactured to be non-toxic and non-allergenic, is typically warrantied to last between 8 to 15 years, is uninhabitable by mosquitos, fleas, and ticks, and allows water/rainwater to percolate through the turf and into the ground. An artificial turf area that is approximately 750 square feet can conserve 22,000 gallons of water per year. Disadvantages of Artificial Turf While artificial turf can be considered environmentally friendly in some regards, there are also disadvantages in using this material. One of the disadvantages of artificial turf is that it is made of rubber and plastic and can reach much higher temperatures (20 to 50 degrees higher) than the outdoor temperature causing a “heat island” effect. Heat islands contribute to higher daytime temperatures, reduce nighttime cooling, and can contribute to higher air-pollution levels. Many types of artificial turf are not biodegradable and typically are disposed of in landfills. Also, it can trap bacteria from animal droppings. Furthermore, it can be costly to install as a 500 square foot application typically costs over $6,000. Despite these disadvantages, artificial turf installation has been improved to now provide products which may reduce the overall heat island effect and prevent odor and bacteria from animals. Additionally, the installation and maintenance regulations in the Development Code are in place to ensure no additional issues arise with the quality of the artificial turf being used. While there are pros and cons to installing artificial turf, many property owners have made it known to Staff that they would like to install more artificial turf to meet their preferences and needs. Given that the State is still in a drought and that many residents are trying to do the right thing by conserving water, relaxing the standards to allow more artificial turf will give property owners the option to be more flexible and creative with their landscape design. 2. Allowing Tutoring and Educational Centers as an Accessory Use to Places of Religious Assembly Currently, the Development Code does not allow any accessory uses at places of religious assembly other than day care centers or part-time or full-time schools, which are Text Amendment No. 23-01 July 25, 2023 Page 13 of 16 incidental to the place of worship. Places of religious assembly are often used only one or two days per week, on weekends, and contain large spaces suitable for gatherings and classroom style teaching. Tutoring and educational centers typically operate throughout the week during after school hours. This means the two uses would be compatible with one another as they would occupy the same space at different times throughout the week. Being able to rent the otherwise underutilized space provides opportunities for places of religious assembly to generate income, allowing for ongoing financial stability. Many places of religious assembly continue to suffer from reduced attendance after COVID-19 and need ongoing income to maintain their services and buildings. The proposed text amendment will allow tutoring and educational centers as an accessory use at places of religious assembly in all zones, subject to the approval of a Conditional Use Permit. Tutoring and educational uses require the approval of a Conditional Use Permit to operate within other zones throughout the City. A Conditional Use Permit will ensure that such a business will be suitable for the space it is occupying, that the hours of operation will not create any issues with the primary use or neighboring properties, that there will be sufficient parking and drop-off areas on site, and that the tutoring or educational center will not create any potential impacts. Conditional Use Permits are subject to public hearings at the Planning Commission under all circumstances. FINDINGS Pursuant to Section 9108.03.060, an amendment to the Development Code may be approved only if all the following findings are made: 1. The proposed Development Code amendment is consistent with the goals, policies, and objectives of the General Plan and any applicable specific plan(s). Facts to Support the Finding: The proposed amendments are consistent with the policies of the General Plan, which serves as a guide to address the long-term physical development and growth of the City. The amendment to allow more artificial turf on residentially zoned properties will ensure that the urban design practices will further reduce water consumption, pollution, and greenhouse gas emissions and support the needs of the City residents with the following General Plan goal and policies: Resource Sustainability Element • Goal RS-4: Wise and sustainable water use practices that respond to and support the needs of City residents and businesses. Text Amendment No. 23-01 July 25, 2023 Page 14 of 16 • Policy RS-4.3: Require that applications for major new development projects address the adequacy and reliability of water supplies as described in SB 610. • Policy RS-4.6: Implement aggressive public and private programs to reduce water use and water waste associated with landscape irrigation, including the planting of native and drought-tolerant plants, use of efficient irrigation systems, and collection and recycling of runoff. The proposed amendment to allow tutoring and educational centers to serve as accessory uses at places of religious assembly through a Conditional Use Permit process is consistent with the General Plan because it encourages the City to tailor its regulations to respond to the market as it changes, maximize revenue, and maintain appropriate business mix and to provide economic opportunities for the various uses in the City. Allowing a tutoring and educational center would be an appropriate mix of uses within a place of religious assembly since many of these facilities offer this type of service or programs through their ministry and have the facility to accommodate such use. This proposed amendment is consistent with the following General Plan goal and policies: Economic Development Element • Policy ED-1.9: Tailor regulations to respond to market changes, maximize revenue, and maintain the appropriate business mix. Land Use Element • Goal LU-1: A balance of land uses that preserves Arcadia’s status as a Community of Homes and a community of opportunity. • Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. The proposed amendment to the artificial turf is consistent with the City’s General Plan because it puts measures in place that will promote water conservation through landscaping, and the amendment to allow tutoring and educational centers in places of religious assembly will help their existing organization provide other opportunities that are currently compatible with their existing operation. Therefore, the proposed Text Amendment and ordinance are consistent with the City’s adopted General Plan and any applicable specific plan(s). Text Amendment No. 23-01 July 25, 2023 Page 15 of 16 2. The proposed amendment is internally consistent with other applicable provisions of this Development Code. Facts to Support the Finding: The proposed amendments are internally consistent with other applicable provisions of this Development Code in that artificial turf is currently allowed on residentially zoned property. The amendment would only increase the percentage to allow more, and the applicable provisions concerning the installation, specification of the products, and ensuring that it is a well thought-out design with other landscaping and hardscape materials will remain the same. As for the amendment to allow a tutoring and educational center within a place of religious assembly, it will also be internally consistent with provisions of the Development Code because any approval would be subject to a discretionary review through a Conditional Use Permit to ensure that all potential impacts will be addressed and that the proposed use would be compatible with the existing use on-site and with the surrounding business and/or community. Therefore, the proposed amendment is internally consistent with other applicable provisions of this Development Code. ENVIRONMENTAL ASSESSMENT The proposed text amendments to the Development Code are exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, therefore the project is not subject to CEQA. A Preliminary Exemption Assessment is included as Attachment No. 3. PUBLIC COMMENTS/NOTICE The public hearing notice for the Text Amendment was published in the Arcadia Weekly on June 29, 2023. On June 28, 2023, a letter was sent to all the affected property owners that have non-permitted artificial turf and to the five City designated Homeowners Association Presidents and Architectural Review Board Chairs informing them of the proposed changes. As of July 21, 2023, Staff received one verbal comment in favor of the proposed changes from one of the affected property owners that has non-permitted artificial turf. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2129, recommending that the City Council approve Text Amendment No. TA 23-01 amending various sections of Chapter 1, Article IX, of the Arcadia Development Code pertaining to artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly. Text Amendment No. 23-01 July 25, 2023 Page 16 of 16 If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the July 25, 2023 hearing, please contact Associate Planner, Edwin Arreola at (626) 821-4334, or by email at earreola@ArcadiaCA.gov Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2129 with Exhibits - Text Amendments Attachment No. 2: Map of the Very High Fire Hazard Severity Zones Attachment No. 3: Preliminary Exemption Assessment Attachment No. 1 - July 25, 2023 PC Meeting Attachment No. 1 Resolution No. 2129 with Exhibits - Text Amendments 24347.00004\41487624.1 RESOLUTION NO. 2129 RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT AMENDMENT NO. 23-01 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ARTIFICIAL TURF ON RESIDENTIALLY ZONED PROPERTIES AND ALLOWING TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY WHEREAS, the Development Services Department has initiated a text amendment No. TA 23-01 to amend and update various sections of the City’s Development Code (Article IX, Chapter 1 of Arcadia’s Municipal Code) (referred to as “Text Amendment”); and WHEREAS, the proposed Text Amendment would result in changes to the Development Code to “Division 2: Land Use Regulations and Allowable Uses” to allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit, to “Division 3: Landscaping” to allow more artificial turf on residentially zoned properties, and to “Division 9: Definitions”, as shown in Exhibit “A through C” of this Resolution; and WHEREAS, on June 5, 2023, Planning Services completed an environmental review of the proposed Text Amendment and determined that the project is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the Text Amendment would not have a significant effect on the environment and, thus, is not subject to CEQA review; and WHEREAS, on June 29, 2023, the City published notice of the public hearing for the Text Amendment in a newspaper of general circulation (Arcadia Weekly) of the 24347.00004\41487624.1 2 Planning Commission public hearing at which the Text Amendment would be reviewed with a recommendation to the City Council; and WHEREAS, on July 25, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the Text Amendment; and NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby finds that the factual data set forth in the Recitals of this Resolution and by the Development Services Department in the staff report dated July 25, 2023, are true and correct. SECTION 2. The Planning Commission finds, based on the entire record, and all written and oral evidence presented, as follows: 1. The proposed Text Amendment is consistent with the City’s adopted General Plan and any applicable specific plan(s). FACT: The proposed amendments are consistent with the policies of the General Plan, which serves as a guide to address the long-term physical development and growth of the City. The amendment to allow more artificial turf on residentially zoned properties will ensure that the land uses and urban design practices will further reduce water consumption, pollution, and greenhouse gas emissions and support the needs of the City residents with the following General Plan goal and policies: Resource Sustainability Element 24347.00004\41487624.1 3 • Goal RS-4: Wise and sustainable water use practices that respond to and support the needs of City residents and businesses. • Policy RS-4.3: Require that applications for major new development projects address the adequacy and reliability of water supplies as described in SB 610. • Policy RS-4.6: Implement aggressive public and private programs to reduce water use and water waste associated with landscape irrigation, including the planting of native and drought-tolerant plants, use of efficient irrigation systems, and collection and recycling of runoff. The proposed amendment to allow tutoring and educational centers to serve as accessory uses at places of religious assembly through a Conditional Use Permit process is consistent with the General Plan because it encourages the City to tailor its regulations to respond to the market as it changes, maximize revenue, and maintain appropriate business mix and to provide economic opportunities for the various uses in the City. Allowing a tutoring and educational center would be an appropriate mix of uses within a place of religious assembly since many of these facilities offer this type of service or programs through their ministry and have the facility to accommodate such use. This proposed amendment is consistent with the following General Plan goal and policies: Economic Development Element • Policy ED-1.9: Tailor regulations to respond to market changes, maximize revenue, and maintain the appropriate business mix. Land Use Element • Goal LU-1: A balance of land uses that preserves Arcadia’s status as a Community of Homes and a community of opportunity. 24347.00004\41487624.1 4 • Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. The proposed amendment to the artificial turf is consistent with the City’s General Plan because it puts measures in place that will promote water conservation through landscaping, and the amendment to allow tutoring and educational centers in places of religious assembly will help their existing organization provide other opportunities that are currently compatible with their existing operation. Therefore, the proposed Text Amendment and ordinance are consistent with the City’s adopted General Plan and any applicable specific plan(s). 2. For Development Code amendments only, the proposed amendment is internally consistent with other applicable provisions of this Development Code. FACT: The proposed amendments are internally consistent with other applicable provisions of this Development Code in that artificial turf is currently allowed on residentially zoned property. The amendment would only increase the percentage to allow more, and the applicable provisions concerning the installation, specification of the products, and ensuring that it is a well-thought out design with other landscaping and hardscape materials will remain the same. As for the amendment to allow a tutoring and educational center within a place of religious assembly, it will also be internally consistent with provisions of the Development Code because any approval would be subject to a discretionary review through a Conditional Use Permit to ensure that all potential impacts will be addressed and that the proposed use would be compatible with the existing use on-site and with the surrounding business and/or community. Therefore, the proposed 24347.00004\41487624.1 5 amendment is internally consistent with other applicable provisions of this Development Code. Section 3. The Planning Commission determines that the proposed Text Amendment is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines, which exempts from review where it can be seen with certainty that the Text Amendment would not have a significant effect on the environment and, thus, is not subject to CEQA review. Section 4. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings made in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council approve Text Amendment No. TA 23-01, as reflected in Exhibits "A through C” of Draft Ordinance No. 2397 of this Resolution. SECTION 5. The Secretary shall certify as to the adoption of this Resolution. 24347.00004\41487624.1 6 (SIGNATURES ON NEXT PAGE) 24347.00004\41487624.1 7 Passed, approved and adopted this 25th day of July, 2023. ____________________ Vincent Tsoi, Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Mauer City Attorney 24347.00004\41487624.1 8 EXHIBIT “A” Development Code, Division 2 – Land Use Regulations and Allowable Uses 24347.00004\41487624.1 9 Development Code - Division 2 – Land Use Regulations and Allowable Uses 9102.01.020 Land Use Regulations and Allowable Uses Amended by Ord. No. 2347 Amended by Ord. No. 2348 Amended by Ord. No. 2363 Amended by Ord. No. 2369 & 2370 A. Allowed Uses. Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) indicates the uses allowed within each residential zone and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: “P” represents permitted (allowed) uses. “A” represents accessory uses. “M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. “C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. “--” designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. Table 2-1 Allowed Uses and Permit Requirements for Residential Zones P Permitted A Permitted as an Accessory Use M Minor Use Permit Required C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 R-3-R Specific Use Regulations Other Uses Antennas and Wireless Communication Facilities - Co-location or Panel -- -- -- -- P P Exception: All facilities are permitted on City- owned properties and public rights-of-way. New standalone facilities are not permitted in 24347.00004\41487624.1 10 9102.03.020 Land Use Regulations and Allowable Uses Amended by Ord. No. 2375 A. Allowed Uses. Table 2-8 (Allowed Uses and Permit Requirements for Commercial and Industrial Zones) indicates the land use regulations for Commercial and Industrial zones and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: “P” represents permitted (allowed) uses. “A” represents accessory uses. “M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “--” designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-8 includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. Table 2-8 Allowed Uses and Permit Requirements for Commercial and Industrial Zones P Permitted by Right (1) A Permitted as an Accessory Use M Minor Use Permit C Conditional Use Permit -- Not Allowed Land Use C-O C-G C-R M-1 Specific Use Regulations Antennas and Wireless Communication Facilities - Standalone Facility -- -- -- -- -- -- Architectural Design (D) overlay zones. See also Subsection 9104.02.050 (Antennas and Wireless Communication Facilities) Places of Religious Assembly -- C C C C -- Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Sports Courts (Private) P P P P P P Must comply with Subsection 9104.02.330 (Sports Courts in Residential Zones) Sports Courts (Private) with Lighting M M M M M M Recharging Stations A A A A A A Utility Structures and Service Facilities C C C C C C 24347.00004\41487624.1 11 Other Uses Assembly/Meeting Facilities, Public or Private M M -- M Donation Box – Outdoor M M -- M See Subsection 9104.02.120 (Donation Box – Outdoor) Drive-Through or Drive-Up Facilities -- C -- C See Subsection 9104.02.130 (Drive-through and Drive-up Facilities) Extended Hours Uses C C M C See Subsection 9104.02.150 (Extended Hours Uses) Places of Religious Assembly M M -- M Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Permit. Stable, Public and Private -- -- -- C Reverse Vending Machines – Consumer Goods P P P P Allowed indoors only Vending Machines P P P P Allowed indoors only 9102.05.020 Land Use Regulations and Allowable Uses in Downtown Zones Amended by Ord. No. 2348 & 2356 Amended by Ord. No. 2369 & 2370 Amended by Ord. No. 2375 A. Allowed Uses. Table 2-10 (Allowed Uses and Permit Requirements for Downtown Zones) indicates the land use regulations for the Downtown zones and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: “P” represents permitted (allowed) uses. “A” represents accessory uses. “M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “UF” designates uses that are permitted on upper floors only, and are not allowed on the ground floor of a structure. “--” designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-10 (Allowed Uses and Permit Requirements for 24347.00004\41487624.1 12 Downtown Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. Table 2-10 Allowed Uses and Permit Requirements for Downtown Zones P A C M -- (UF) Permitted by Right Permitted as an Accessory Use Conditional Use Permit Minor Use Permit Not Allowed Upper Floor Permitted, Not Allowed on Ground Floor Land Use CBD MU DMU CM Specific Use Regulations Utility Structures and Service Facilities P P P P Subject to Site Plan and Design Review pursuant to Section 9107.19 (Site Plan and Design Review). Other Uses Assembly/Meeting Facilities, Public or Private -- -- -- M Donation Box – Outdoor -- -- -- M Extended Hours Use M C M C See Subsection 9104.02.150 (Extended Hours Uses) Places of Religious Assembly -- -- -- M Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Permit Drive-Through or Drive-Up Facilities -- -- -- C See Subsection 9104.02.130 (Drive- through and Drive-up Facilities) Reverse Vending Machines – Consumer Goods P P P P Allowed indoors only Vending Machines P P P P Allowed indoors only Urban Agriculture A A A A (1) Accessory dwelling units are subject to the development standards in Subsection 9102.01.080. 24347.00004\41487624.1 13 EXHIBIT “B” Development Code, Division 3 - Landscaping 24347.00004\41487624.1 14 Development Code – Division 3 – Landscaping Section 9105.09 – Landscaping Subsections: 9103.09.010 Purpose and Intent 9103.09.020 Applicability 9103.09.030 Landscape Plan Required; What Constitutes Landscape Materials 9103.09.040 Landscape Requirements 9103.09.050 Landscape Irrigation and Maintenance 9103.09.010 Purpose and Intent The City promotes the value and benefits of landscapes while recognizing the need to conserve water and other resources as efficiently as possible. This Section establishes minimum landscape standards for all uses in compliance with applicable state standards and guidelines and to promote sustainable development. The purpose of this Section is to establish a structure for planning, designing, installing, maintaining, and managing water-efficient landscapes in new construction and rehabilitated projects. 9103.09.020 Applicability A. General. This Section shall supplement the Water Efficient Landscaping Ordinance (Sections 7554.2–7554.9) and shall be apply to all of the following landscape projects, as listed in Section 7554.3: 1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review; 2. Rehabilitated landscapes projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; and 3. Existing landscape areas that are one acre or more for which a water efficient landscape worksheet shall be prepared according to the specifications for existing landscapes in the Landscape Documentation Package. B. Exemptions. The provisions of this Section shall not apply to: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; 3. Mined-land reclamation projects that do not require a permanent irrigation system; or 4. Botanical gardens and arboretums open to the public. 9103.09.030 Landscape Plan Required; What Constitutes Landscape Materials A. Plan Check Requirements and Content. A Landscape Documentation Package prepared by a licensed landscape architect shall be required for all applicable projects as described in the Water Efficient Landscaping 24347.00004\41487624.1 15 Ordinance (see Section 7554.3), and for any project involving the installation of artificial turf within the front or street side yards. 9103.09.040 Landscape Requirements Amended by Ord. No. 2375 A. Applicability. The standards in this Section shall apply to residential and non-residential uses. B. Landscape Requirement for Residential Zones. All areas of a site not devoted to structures, driveways, or walkways shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. 1. R-M, R-0 and R-1 Zones a. The front and street-side areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. b. Hardscape materials of driveways and pedestrian walkways, including pavement, concrete, interlock pavers, and the use of artificial turf rock, stone, brick, block, wooden planks, or similar material, shall not cover more than 40 percent of the required front setback or street side. See Figure 3-17 (Front Setback Area-60% Landscaping Required). For the use of artificial turf as hardscape within the required front and street side yard areas, see subsection 9103.09.040(D)(b). Figure 3-17 Front Setback Area – 60% Landscaping Required 2. R-M Zone. All cut or fill slopes exceeding six feet six inches in vertical height between two or more contiguous lots shall be planted with adequate plant material to protect the slope against erosion. The planting shall cover the bank within two years from the time of planting. The permittee, owner, or developer shall water the planted slopes at sufficient time intervals to promote growth. 3. R-2 and R-3, and R-3-R Zones. a. The front/street side areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. 24347.00004\41487624.1 16 b. Hardscape materials of driveways and pedestrian walkways, including pavement, concrete, interlock pavers, and the use of artificial turf rock, stone, brick, block, wooden planks, or similar material, shall not cover more than 40 percent of the required front setback or street side. See Figure 3-17 (Front Setback Area-40% Landscaping Required). For the use of artificial turf as hardscape within the required front and street side yard areas, see subsection 9103.09.040(D)(b). C. Landscape Requirement for Commercial, Mixed Use, and Industrial Zones 1. Required Areas. All setbacks, parkways, open areas, plazas, paseos, and non-work areas that are visible from a public street/alley or from a parking lot available to the general public shall be landscaped. 2. Landscape Coverage Requirement. Shrubs, groundcover, and other plant material shall cover all areas not occupied by structures, parking areas, storage, trash enclosures, driveways, and sidewalks at the time of issuance of a Certificate of Occupancy. Embellished pavement, fountains, and similar hardscape materials may, in part, be substituted for the required landscaping through the Site Plan and Design Review process. 3. Parkway-adjacent Planting and Maintenance. All landscaped parkway areas located between the sidewalk and the edge of development shall meet the following requirements: a. The ground surface shall contain low shrubbery, mulch, or ground cover to provide coverage within two years. b. If a wall or fence separates the development from the street, planting vines or espalier shrubs shall be incorporated into the planting design. 4. Required Landscaping for Loading Areas. Loading areas shall incorporate landscaping to provide screening if visible from the public right-of-way, adjacent uses, and pedestrians. 5. Special Requirements for Drive-through Businesses a. Five-foot-wide raised planters shall be located along the street side property line, except for curb cut openings. b. Three-foot-wide raised planters shall be located along the walls of the interior property lines to a distance equal to the front building line. For this purpose, canopies and other such structural appurtenances shall not be considered the front building line. c. A minimum of 150 square feet of raised planting area shall be located at the intersection of two property lines at a street corner. d. A minimum of 30 square feet of raised planting area shall be located along the building facades fronting on the street. e. All planting areas shall be separated from adjacent asphaltic concrete paving by six-inch minimum curb walls. D. Artificial Turf 1. Locations Permitted 24347.00004\41487624.1 17 a. Back Yards and Interior Side Setback Areas. Artificial turf is permitted in any zone within any back yard and/or interior side setback areas. b. Front and Street-Side Yards. In any residential zone, artificial turf is treated as hardscape. The hardscape shall be limited to 60 percent within the required front or street side yard areas and all the hardscape over the 40 percent maximum shall be artificial turf. If no artificial turf is proposed, then the hardscape shall be limited to 40 percent within the required front or street side yard areas. a maximum of 15 percent of the yard area within the front or street side yards may be installed with artificial turf. Artificial turf shall not be installed within 10 feet of a sidewalk or within 20 feet from the curb if there is no sidewalk one foot of the front and street side property line or within one foot of any public easements located in the front or street side yards. c. Not Permitted in Parkways. Artificial turf is not permitted within any parkway areas. d. Very High Fire Hazard Severity Zone. Artificial turf that is petroleum based shall not be allowed within 100 feet of a structure in the front, side, or rear yard areas, on properties that are located in the Very High Fire Hazard Severity Zone, per Public Resources Code 4291, to ensure that the defensible space of these properties is clear of any fire fuels. 2. Minimum Standards. To be used in the front or street-side yard, artificial turf must meet minimum standards for materials, installation, and maintenance. a. Materials and Style. Artificial turf must have a minimum eight-year no-fade warranty as issued by the manufacturer; be cut-pile infill and made from lead-free polypropylene, polyethylene or a blend of such fibers on a permeable backing; and, have a minimum blade length (pile height) of 1.5 inches, or as determined by the Director as manufacturing processes are updated. Nylon-based or plastic grass blades are not permitted. The use of indoor/outdoor carpeting, and artificial shrubs, flowers, trees and vines instead of natural plantings is prohibited. Infill medium must consist of ground rubber; rubber coated sand or other approved mixtures and must be brushed into the fibers of the artificial turf. The style of the fiber, color, and texture shall resemble fescue, rye, and other common natural grass blades. b. Installation. Artificial turf must be installed per all manufacturer’s requirements and must include removal of all existing plant material and top three inches of soil in the installation area; placement of filter fabric or synthetic porous material over compacted and porous crushed rock or other comparable material below the turf surface to provide adequate drainage; and, the area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property. Artificial turf areas must be sufficiently drained to live planting areas to provide complete infiltration of runoff. Artificial turf must be separated from live planting areas by a barrier such as a mow strip or bender board to prevent mixing of natural plant materials and artificial turf. Artificial turf must be permanently anchored with nails and glue, and all seams must be nailed, or sewn, and glued, with the grain pointing in a single direction. c. Maintenance. Artificial turf must be maintained in a green, fadeless condition; free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited. 24347.00004\41487624.1 18 9103.09.050 Landscape Irrigation and Maintenance A. The owner of any property, or any other person or agent in control of a property, on which is located any retaining walls, cribbing, drainage structures, planted slopes and other protective devices, required according to a permit granted under this Code or required under the issuance of a grading permit, shall maintain the retaining walls, cribbing, drainage structures, planted slopes, and other protective devices in good condition and repair at all times. B. All landscaped areas in nonresidential zones shall be provided with a permanent irrigation system installed below grade except for sprinkler heads. All domestic water supply lines to which irrigation systems are connected shall, when necessary, be protected by installation of atmospheric or pressure type vacuum breakers. At least one hose bibb shall be located each 100 linear feet, starting with one hose bibb at the front wall. Hose bibbs, wherever possible, shall be located in planting beds. In no case shall hose bibbs be located where they will interfere with pedestrian or vehicular circulation. 24347.00004\41487624.1 19 EXHIBIT “C” Development Code, Division 9 - Definitions 24347.00004\41487624.1 20 Development Code – Division 9 – Definitions Section 9109.01 – Definitions 9109.01.020 – “A” Definitions Artificial Turf. A synthetically derived, natural grass substitute that may be used as a decorative feature in lieu of natural turf in landscape areas. Also known as artificial grass and synthetic turf. 9109.01.050 – “D” Definitions Defensible Space. The area surrounding a structure that is required to have reduced vegetation and combustible fuels in a very high fire hazard zone. It is required to both protect structures from wild wildland fires and provide emergency personnel access to perform fire suppression operations. 9109.01.090 – “H” Definitions Amended by Ord. No. 2348 Amended by Ord. No. 2375 Hardscape. Areas covered by pavement, concrete, interlock pavers, rock, stone, brick, block, wooden planks, artificial turf, or similar materials such as patios, decks, driveways, paths and sidewalks that do not require irrigation. Artificial turf shall not be considered hardscape. 9109.01.130 – “L” Definitions Landscaping. Any combination of native or exotic plants, lawn, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such pools, fountains, water features, paved or decorated walkways or surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping. Attachment No. 2 - July 25, 2023 PC Meeting Attachment No. 2 Map of the Very High Fire Hazard Severity Zones Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User C ommunity Very High Fire Hazard Severity Zones - City of Arcadia Sources: City of Arcadia, Cal Fire, ESRI Legend City Boundary Fire Hazard Severity Zone ¯ 0 0.50.25 Miles Attachment No. 3 - July 25, 2023 PC Meeting Attachment No. 3 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to artificial turf on residentially zoned properties and allowing tutoring and educational centers in places of religious assembly. 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): City of Arcadia - Citywide 3. Entity or person undertaking project: A City of Arcadia – Development Services Department B Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: f. The project is statutorily exempt. Applicable Exemption: g.  The project is otherwise exempt on the following basis: The proposed update to the artificial turf regulations on residentially zoned properties and allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and, thus, are not subject to CEQA review. h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 5, 2023 Staff: Edwin Arreola, Associate Planner Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to artificial turf on residentially zoned properties and allowing tutoring and educational centers in places of religious assembly. 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): City of Arcadia - Citywide 3. Entity or person undertaking project: A City of Arcadia – Development Services Department B Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: f. The project is statutorily exempt. Applicable Exemption: g.  The project is otherwise exempt on the following basis: The proposed update to the artificial turf regulations on residentially zoned properties and allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and, thus, are not subject to CEQA review. h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 5, 2023 Staff: Edwin Arreola, Associate Planner Preliminary Exemption Assessment FORM “A”