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HomeMy WebLinkAboutRes 2024-069RESOLUTION NO. 2024-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW- 001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY WHEREAS, California Constitution Article XI, Section 7, enable the City of Palm Desert (the “City”) to enact local planning and land use regulations; and WHEREAS, the City currently does not regulate the design, installation or use of artificial turf/synthetic grass within the City; and WHEREAS, it is known to the City that certain types of artificial grass/synthetic turf create impenetrable barriers that may prohibit or severely limit the absorption of ground water, and contribute to the risk of overwhelming the capacity of the City’s s tormwater drainage system; and WHEREAS, numerous studies indicate that artificial turf/synthetic grass can have a negative effect on the environment and pose certain health hazards such as creating “heat islands”, decreasing biodiversity, creating impenetrable barriers for ground water, releasing toxic chemicals, including those that are known to cause cancer, and creating burden on local landfills as non-biodegradable materials; and WHEREAS, the City desires to ensure its residents are adequately protected from the health and safety impacts that unregulated artificial turf/synthetic grass may pose to the City; WHEREAS, the City desires to formalize a policy to prohibit the use of artificial turf/synthetic grass in public rights of way; and WHEREAS, the City Council has been presented with a policy in the form attached to this Resolution as “Administrative Policy PW -001” and by this reference incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to establish and periodically review and update Administrative Policy PW -001. SECTION 3. The attached Administrative Policy PW -001 shall be added to the City’s Administrative Procedures. Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD Resolution No. 2024-069 Page 2 ADOPTED ON SEPTEMBER 26, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-069 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on September 26, 2024, by the following vote: AYES: HARNIK, KELLY, AND QUINTANILLA NOES: NESTANDE AND TRUBEE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA CITY CLERK Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD 10/2/2024 Resolution No. 2024-069 Page 3 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Artificial Turf/Synthetic Grass in Public Rights-of-Way Policy No. PW-001 Date Issued: September 26, 2024 Approved by Resolution 2024-069 Authored by Public Works Department I. INTRODUCTION In December 2016, Legislature enacted Senate Bill (SB) 676 prohibiting local jurisdictions from enacting or enforcing any regulations that prohibit the installation of drought -tolerant landscaping, synthetic grass, or artificial turf on residential property. In accordance with Government Code Section 53087.7, the City has the authority to enact reasonable restrictions on the type of artificial turf/synthetic grass that may be installed and the design of its installation. II. PURPOSE The purpose is to protect and enhance the health, safety and general welfare of the City in addition to protecting the water usage and water quality to be consistent with the state and federal regulations and permits, including the Clean Water Act. A. Eliminating the discharge of debris from artificial turf/synthetic grass products, such as plastic blades, crumb rubber, nylon and other synthetic components, into stormwater runoff; B. Improve the absorption and retention of storm water through the use of natural drought-tolerant landscaping using living plant material; C. Eliminating solid waste generated by the disposal of synthetic grass and artificial turf products; D. Improving public health and safety by removing exposure to potential environmental carcinogens found in artificial turf/synthetic grass products. III. DEFINITIONS A. “Artificial Turf” and “Synthetic Grass” is artificial or synthetic non-organic material that simulates the appearance of organic sod, grass, or lawn ground cover, and includes outdoor plastic carpeting. Artificial turf/synthetic grass does not include painted natural organic grass or sod. IV. GENERAL POLICY The use and installation of artificial turf and synthetic grass landscaping material is prohibited in City public rights-of-way. This includes but is not limited to medians, Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD Resolution No. 2024-069 Page 4 parkways, landscaped areas around public facilities, and city parks. This policy does not prohibit the use of artificial turf/synthetic grass for residential and private properties. The City may modify the policy from time to time as it may deem necessary or as required by law. Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD