ORD 09-09 Artificial Turf Requirements and StandardsORDINANCE N0.9-
09 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTIONS 8.04.
020 AND 17.04.031 OF THE ORANGE
MUNICIPAL CODE TO UPDATE
DEFINITIONS,REQUIREMENTS AND STANDARDS
PERTAINING TO THE USE OF ARTIFICIAL
TURF.WHEREAS, the City's landscape standards were last updated in 1995
and;WHEREAS, in recent years water conservation and drought tolerant
landscaping have become increasingly important due to climatic conditions and lack of rainfall
in Southern California;
and WHEREAS, the purveyors of water to the City of Orange offer incentives
to property owners encouraging the installation of artificial turf;
and WHEREAS, the City of Orange desires to provide property owners the
opportunity to install artificial turf, provided that the artificial surface maintains a natural appearance
in support of General Plan policies that promote commercial enterprise, protecting
the appearance of existing neighborhoods, and water conservation;
and WHEREAS, the proposed Ordinance Amendment is exempted from
the requirements of the California Environmental Quality Act by the Guidelines of the
California Environmental Quality Act under Section 15305 (Class 5, Minor Alterations in Land
Use Limitations);
and WHEREAS, the purpose of this Ordinance Amendment is to update
definitions,requirements, and standards related to the use of artificial turf in landscaping;
and WHEREAS, the proposed Ordinance Amendment revises provisions of the
Code related to landscaping standards for commercial and residential districts, as well as
nuisance abatement;
and WHEREAS, the Planning Commission having conducted a public hearing held
on May 18, 2009 including review of the staff report and receiving public testimony on the
item,has determined the proposed amendment is justified and recommends approval thereof;
and WHEREAS, the City Council having conducted a public hearing on June 23,
2009 including review of the staff report and receiving public testimony on the item,
has determined the proposed amendment is justified and recommends approval thereof;
and WHEREAS, the City Council believes the proposed amendment will serve the
public health, safety and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Section 17.04.031 "L" Definitions of the Orange Municipal Code is hereby amended
to read as follows:
LANDSCAPING - An area devoted to or developed and maintained predominantly with native
or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials;
and also including accessory decorative outdoor landscape elements such as pools,fountains,
paved or decorated surfaces (excluding driveways, parking, loading, or storage areas).
Artificial turf is considered landscaping provided it maintains a natural appearance where
the grass-like surface covering replicates lush natural grass in appearance and
function. No other artificial plant material shall be considered landscaping.
SECTION II:
Section 08.04.020.A Declaration of Nuisance of the Orange Municipal Code is
hereby amended to add the following subsection:
Declaration of Nuisance
20. Poorly maintained artificial turf, which may include but not be limited to the following
characteristics: faded; unnatural appearance; stains; rips; tears; weeds; debris; impressions;
has improper water drainage forming small ponds that could be attractive to vectors; or torn
panels or rolls causing an unsecure or unsafe surface.
SECTION III:
Should any section, subsection, clause or provision of this Ordinance, for any reason,
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance, it being hereby
expressly declared that this Ordinance and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of
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such adopted Ordinance along with the names of those City Council members voting for and
against the Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 25t" day of August, 2009.
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Mayor, City o~ Orange
ATTEST:
C~
Mary E. a ,City Clerk, ity nge
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 14t" day of July, 2009, and thereafter at the regular meeting of said City
Council duly held on the 25th day of August, 2009, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:Smith
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary y, City Clerk, City ange
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