HomeMy WebLinkAboutAGENDA REPORT 2005 1207 CC REG ITEM 08EITEM 8. Co
CW MOORPARK, CALIFORNIA
City] Council Meeting
o1__ __ - �� - 7- ao05
ACTION: X
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Direct
DATE: November 21, 2005 (CC Meeting of 12/07/05)
SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -03
Amending Section 17.08.010 Definitions for Farm
Animal, Animal Husbandry, Pet Animal, Aviary, and
Section 17.28.030 Standards Relating to Animal
Keeping; to Provide Greater Clarity, Simplicity of
Use, and to Adjust the Number of Dogs and Cats Allowed
for Lots Five Acres or Larger.
DISCUSSION
The City Council adopted Resolution No. 2004 -2168 on February 4,
2004, directing staff to bring forth amendments to the animal
keeping ordinance for consideration of keeping more dogs and
cats on properties of five (5) acres or larger, as well as, to
review amending the entire animal keeping section in order to
provide a more clear, concise and easy to use regulation. The
Planning Commission held a public hearing on October 25, 2005,
regarding the animal keeping ordinance, and adopted Resolution
2005 -491 recommending approval of the staff - recommended
amendments with slight changes.
The attached Planning Commission report details the existing
ordinance requirements and explains how the amendment proposes
to deal with the animal keeping requirements in a matrix format.
Essentially the existing ordinance operates on a system of
"animal equivalents" depending upon how large a property is,
what residential or open space zone it is located in, and then
modifies that allowance by other factors such as setbacks and
minimum lot size. Examples are provided as part of the Planning
Commission agenda report.
U0fl1G�
Honorable City Council
December 7, 2005
Page 2
The amended ordinance provides a much simpler way of determining
animal keeping. It sets forth certain animal keeping standards
and then uses a matrix for computing the number of animals
allowed, by zone, on a particular lot of a particular size. The
proposed amendment is a much simpler and more straight- forward
way of dealing with animal keeping regulations.
With respect to the issue that prompted this amendment, domestic
dogs and cats are shown in the matrix under Table 17.28.030B.3.
The Planning Commission in its recommendation directed staff to
amend the table to add a municipal code reference to Kennels and
Catteries and an example of how a property owner would figure
out what animal keeping was allowed. The reference on the
Kennels and Catteries was added under Table 17.28.030B.7, and
the example was added as Note B at the end of the Table.
Staff made a few additional changes to the draft ordinance since
it was reviewed by the Planning Commission, primarily for
clarity. The only additional changes of substance include a
removal of the limit on the number of tropical fish allowed at a
residence, the allowance of horses on lots in the RPD and SP
zones specifically designated for horse keeping as part of the
Residential Planned Development Permit or Specific Plan, the
addition of alpacas and llamas to the table to be permitted
where equine, bovine and other cleft - hoofed animals are
permitted, and the removal of 4H or FFA project animals as a
separate category.
STAFF RECOMONDATION
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. Introduce Ordinance No. for first reading, approving
Zoning Ordinance Amendment No. 2004 -03. Schedule second
reading and adoption for December 21, 2005.
Attachments:
1. October 25, 2005 Planning Commission Agenda Report
2. City Council Ordinance
000103
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
DATE: September 21, 2005 (PC Meeting of 10/25/05)
SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -03 Amending
Section 17.08.010 Definitions for Farm Animal, Animal
Husbandry, Pet Animal, Aviary, and Section 17.28.030
Standards Relating to Animal Keeping; to Provide Greater
Clarity, Simplicity of Use, and to Adjust the Number of
Dogs and Cats Allowed for Lots Five Acres or Larger.
BACKGROUND
The City Council adopted Resolution No. 2004 -2168 on February 4,
2004, directing staff to bring forth amendments to the animal
keeping ordinance for consideration of keeping more dogs and cats
on properties of five (5) acres or larger, as well as, to review
amending the entire animal keeping section in order to provide a
more clear, concise and easy to use regulation.
DTSCTTSRT0M
Existing Ordinance:
The existing ordinance provides a detailed, complicated and
laborious method of determining animal keeping, as shown in Table 1
below. Table 1 sets a minimum lot size for animal keeping based
upon the animal unit(s) desired. The Notes section at the end of
the Table adds additional limitations. For example, in the RE zone
a minimum of 10,000 square feet of lot area is required, but in
order to keep a cow, bull, horse, mule or donkey (equal to one
animal unit) you need at least 20,000 square feet (see Note 4).
Please note that in all cases there is a requirement to maintain
and keep the animal at least forty feet (401) from a structure used
for human habitation.
\ \Mor _pri sery \City Share \Community Development \DEV PMTS \'L O A \21,04 \03 - Animal Keeping \Staff
Reports \PC Agenda Report.dcc
CC ATTACHMENT 1
O00IC -4
Honorable Planning Commission
October 25, 2005
Page 2
Table 1 — Number of Animals per Zone
ff—lArea
Minimum Lot
Animal Units Permitted' 2
Distance Separation
Animal Unit
Equivalent
Required
1.0 —�
lRequiremen tS3
Horse
10,000 sq. ft.
Lots < 20,000 sq. ft.: two units .
Except for movement on and off
FR-A
Lots 20,000 sq. ft. to 10 acres: 1 unit per
the property, animals shall not
1.0
10,000 sq. ft. of lot area.
be kept, maintained or used in
Peafowl
Lots > 10 acres: no limit.
any way, inside or outside of any
R -O
20,000 sq. ft.
Horses /ponies: 3 units plus 1 unit per
structure, within forty feet (40')
30,000 sq. ft. of total lot area.
of a structure used for human
Other animals: 1 unit per 10,000 sq, ft. of
occupancy other than the
total lot area.
owner's residence.
R -E
10,000 sq. ft.
2 units minimum plus 1 unit per 20,000 sq .
ft. of total lot area 4.
R -1 120,000 sq. ft. 11 unit per 10,000 sq. ft. of lot area.
Notes:
1. In calculating the allowable number of animals, fractional numbers shall be rounded to the lower
whole number.
2. Animal offspring are allowed and shall not be counted until they are weaned.
3. Separation requirements do not apply to pet animals (see subsection (C) of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty- thousand (20,000) sq. ft. in the
R -A or R -E zone; see subsection (E) of this section for exception.
Table 1 above works in conjunction with Table 2 below. Animal
keeping is based upon a system of animal equivalents. To find out
how many and of what type animal you can keep you have to total up
the types of animals, in animal equivalent units.
Table 2 - Animal Unit Equivalents
The following table indicates the animal unit equivalents for each type of permitted animal and provides for
different types of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is
one (1) animal unit, a chicken is one -tenth (1/10) of an animal unit, and so on. To calculate the number of
any one (1) type. of animal allowed on a property, divide the total number of animal units allowed on the
property by the animal unit equivalent for that animal.
Animal Type
FAnimal Unit
j Equivalent
Animal Type
Animal Unit
Equivalent
Bull
1.0 —�
_
Horse
F
1.0
Chicken
Cow
r 0.1
[___1_.0_ I
F
Pony
Mule
1.0
Donkey
1.0 7
Peafowl
0.5
Duck F - - —(— Pig - - --
Game Hen F 61 ( Rabbit or other fur - bearing animal of
similar size at maturity
F_
0.5
0.05
00010
Honorable Planning Commission
October 25, 2005
Page 3
Animal Type
A nimal Unit
Equivalent
Animal Type
Unit
Equivalent
Goat, female 0.33
Racing Pigeon
0.05
Goat, male 0.5
Sheep
0.33
Goose 0.16
Turkey
0.16
Guinea Fowl 0.5
For example if you have a 20,000 square foot lot, zoned RE, and you
can meet the forty foot (40') distance minimum, you would be able
to keep one bull, horse, donkey, cow, or mule. If you did not want
to keep any of those animals you could keep twenty (20) chicken,
ducks, or game hens or any combination of twenty (20). If you did
not want any of those foul, then you could keep four (4) ponies,
peafowl, pigs, male goats, or guinea foul. If you did not want any
of those animals you could keep six (6) female goats or sheep or
forty (40) rabbits or forty (40) racing pigeons. If you did not
want any of those you could keep twelve (12) geese or turkeys.
Unfortunately, if you wanted a bit of everything, it is not
possible if you decide upon a bull, horse, donkey, cow or mule
since you have effectively used up your allocation for a 20,000
square foot lot in the RE zone.
Proposed Amendment
The proposed amendment eliminates the animal equivalent system in
favor of allowing specific number of animals per zone on a minimum
lot size. It allows a more reasonable approach to animal keeping
more in line with how residents of such large lots usually keep
animals. When compared with the current ordinance in some
instances of smaller animals there may be some reduction in the
total number of allowable animals. With respect to dogs and cats
there is an increase proposed in the number of dogs and cats when
the lot size is five (5) acres or greater. The proposed ordinance
is included as an attachment to the resolution.
ANALYSIS
In preparing this amendment staff examined all lots within the City
equal to or greater than 10,000 square feet and the various zones
in which they were located. A notice was sent to each property in
the City who is now able to keep farm animals under the ordinance.
The majority of the lots which now are allowed to keep "farm
animals" (horses, cows, chickens, etc.) are predominately located
on lands west of walnut Canyon Road and north of the railroad.
Exceptions to this would be the properties on Mira Sol Drive (lot
sizes of 12,000, 13,000 with a few at 23,000 square feet) and
000�CrrG
Honorable Planning Commission
October 25, 2005
Page 4
Maureen Lane (all lots at least 20,000 square feet), Orchard Downs
off Grimes, a few properties north of Los Angeles Avenue and east
of Spring Road, and a few properties on the east side of Walnut
Canyon Road near the Championship Drive intersection and properties
on the west side of Walnut Canyon Road north of Casey Road. While
there are other properties in the City which are residentially -
zoned and are 10,000 square feet or larger, those properties are
zoned RPD and are only allowed to have pet animals under the
current ordinance.
The major changes proposed by this ordinance are:
1. It would allow the keeping of a greater number of domestic
dogs and cats on properties of five'(5) acres or greater;
2. It specifically provides for 4H and FFA sponsored projects;
3. It simplifies the calculation of the number of animals allowed
per zone;
4. It is an easier to use ordinance for the public and city
staff.
PROCESSING TIME LIMITS
There are no processing time limits for this project since it is a
legislative act.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in
CEQA. Other projects may be exempt under a general rule that
environmental review is not necessary where it can be determined
that there would be no possibility of significant effect upon the
environment. A project which does not qualify for an exemption
requires the preparation of an Initial Study to assess the level of
potential environmental impacts.
The Director has reviewed this project and found it to qualify for
a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
000117
Honorable Planning Commission
October 25, 2005
Page 5
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2005- recommending to the City
Council approval of Zoning Ordinance Amendment No. 2004 -03.
ATTACHMENTS:
1. Existing Section 17.28.030
2. Proposed Resolution Regarding Amendments to Section 17.08.010
and 17.28.030
17.28.030 Standards relating to animals.
A. Purpose. These regulations are intended to estab-
lish standards and conditions for the keeping of all ani-
mals in the city while protecting the health, safety and
welfare of its residents.
B. General Provisions — Standards. All the stan-
dards contained in this section shall apply equally to all
properties unless otherwise noted.
I. Enclosure. All animals shall be properly caged
or housed, and must be kept in their corrals, barns, pens
or other enclosure. All corrals, pens, coops, lofts, exer-
cise areas or other similar structures shall be fenced or
otherwise enclosed to adequately confine the animal(s).
2. Maintenance. All buildings housing farm ani-
mals, all animal enclosures and all pasture areas shall be
maintained free from litter, garbage and the accumula-
tion of manure. Premises shall be maintained in a neat
and sanitary manner. If farm animals are not maintained
in compliance with these standards, or are otherwise al-
lowed to become a nuisance, the city shall initiate en-
forcement proceedings as provided by this code.
3. Animals Not Classified. Any animal not specifi-
cally classified within this chapter shall be classified by
the community development director, based upon a de-
termination as to the probable negative impact of the
health, safety or general welfare upon the community.
330
PC ATTACHMENT 1
000.1 .C9
C. Pet Animals. The keeping of pet animals is per-
mitted in all zones of the city, subject to the following
provisions:
I. Dogs, Cats, Pot - Bellied Pigs and Miniature
Hones.
a. Dogs, cats, pot- bellied pigs and miniature horses
are permitted to be kept upon lots used primarily for resi-
dential or agricultural uses, for recreational purposes
(and as protection) as provided in subsection (B)( l )(b) of
this section. They are permitted to be kept as an acces-
sory use upon any lot developed with an office, business
or other commercial or industrial use for the primary
purpose of protecting the premises from varmints and
trespassers.
b. Single family dwellings may keep up to four (4)
dogs, four (4) cats, four (4) pigs, or four (4) miniature
horses, or any combination not to exceed a total of four
(4) animals. Multifamily dwellings may have up to two
(2) dogs, cats, pot- bellied pigs or miniature horses or any
combination not to exceed a total of two (2) animals.
C. The offspring of animals are allowed and shall
not be counted towards the maximum allowed number
until they are weaned or self - sufficient age. Dogs and
cats, pot - bellied pigs and. miniature horses shall be
counted as weaned at four () months of age or more.
17.28.030
2. Other Allowed Household Animals.
a. A maximum of fifteen (15) other domestic ani-
mals such as domestic mice and rats, hamsters, guinea
pigs, chelonians, tropical fish, birds of the psittacine fam-
ily (enclosure must be set back at least fifteen (15) feet
from any dwelling or adjacent property).
b. Small caged crustaceans, amphibians and ar-
thropods, and other similar animals commonly sold in
pet stores and kept as household pets, may be kept upon
any lot in any zone where the principal use upon any
such lot is residential, so long as animals are not main-
tained for commercial purposes, do not constitute a nui-
sance, are adequately provided with food, care and sani-
tary facilities and do not exceed a total of six (6) animals
(fish being exempt) on any lot either within or outside
any dwelling. Offspring less than four (4) months old
shall not be counted in the total.
C. Animals that, because of size, specialized breed-
ing or other unique quality, cannot be clearly categorized
may be permitted (including total number), upon ap-
proval of the community development director.
3. Animal Units. The keeping of farm animals as a
principal or accessory use, except for pet animals, shall
be permitted in accordance with the matrix and table of
animal unit equivalents set forth below:
Zone
Minimum Lot
Animal Units Permitted 1.2
Distance Separation Require -
Area Required
ments3
O-S
10,000 sq. fl.
Lots < 20,000 sq. ft.: two units'. Lots 20,000 sq.
Except for movement on and off
A -E
ft. to 10 acres: 1 unit per 10,000 sq. ft. of lot area.
the property, animals shall not be
R -A
Lots > 10 acres: no limit.
kept, maintained or used in any
way, inside or outside of any
R -O
20,000 sq. ft.
Horses/ponies: 3 units plus I unit per 30,000 sq.
ft. of coca I lot area.
structure, within 40 feet of a struc-
Other animals: 1 unit per 10,000 sq. ft. of total lot
tune used for human occupancy
area.
other than the owner's residence.
R -E
10,000 sq. ft.
2 units minimum plus I unit per 20,000 sq. ft. of
total lot area.4
R -I
20,000 s . ft.
1 unit per 10,000 sq. ft. of lot area.
votes:
I. In calculating the allowable number of animals, fractional numbers shall be rounded to the lower whole number.
2. Animal offspring are allowed and shalt not be counted until they are weaned.
3. Separation requirements do not apply to pet animals (see subsection (C) of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E zone;
see subsection (E) of this section for exception.
331
(Moorpark Supp No. 3. I2 -03)
on
17.28.030
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types
of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken is
one -tenth (1/10) of an animal unit, and so on. To calculate the number of any one (I ) type of animal allowed on a property,
divide the total number of animal units allowed on the property by the animal unit equivalent for that animal.
Animal Type I Animal Unit Equiva- I Animal Type I Animal Unit Equiva-
1 lent lent
Bull
1.0
Chicken
0.1
Cow
1.0
Donkey
1.0
Duck
0.1
Game Hen
0.1
Goat, female
0.33
Goat, male
0.5
Goose
0.16
Guinea Fowl
0.5
No roosters, peafowl or guinea fowl are permitted in the
R- I zone or on lots less than twenty thousand (20,000) sq.
ft. in area in other zones.
D. Applicability of Lot Area Requirements. Abutting
lots under unified control, either through ownership or by
means of a lease, may be combined in order to meet mini-
mum area requirements for animal- keeping or to keep a
greater number of animals, but only for the duration of
such common ownership or lease, and only in zones which
allow the keeping of animals as a principal use.
E. Temporary Exception. In the R -E zone, the com-
munity development director may authorize the keeping of
a maximum of two (2) horses on lots of ten thousand
(10,000) to twenty thousand (20,000) square feet, and an
exception to the distance separation requirements for a
period of one (1) year, without holding a public hearing,
provided that the applicant submits:
I. A completed application form, as provided by the
community development director;
2. A county assessor map, in duplicate, showing the
applicant's property outlined in red, the area and structures
to be devoted to animal use and the assessor parcel num-
bers of all contiguous properties; and
3. A letter of consent from each resident located
within one hundred (100) feet of where the horses are to
be kept, maintained or used in any other way. The letter
shall contain the assessor parcel number, address and tele-
phone number of the contiguous resident, and shall state
that the contiguous resident is agreeable to the requested
(Moorpark Supp. No. 3. 12 -03)
332
Horse
1.0
Pony
0.5
Mule
1.0
Peafowl
0.5
Pig
0.5
Rabbit or other fur-
.05
bearing animal of similar
size at maturity
Racing Pigeon
0.05
Sheep
0.33
Turkey
0.16
keeping of horses and to the requested reduction of the
distance separation requirements.
F. Apiculture.
I. Street Separation. No beehive or box shall be lo-
cated or maintained within one hundred fifty (150) feet of
any public road, street or highway, or as determined by the
community development director.
2. Apiary Location. A beehive or box shall be lo-
cated or maintained a safe distance from an urbanized
area. For the purpose of this section, an urbanized area is
defined as an area containing three (3) or more dwelling
units per acre. As the size of the area increases, the num-
ber of dwelling units must increase proportionately by a
minimum of (3) three dwelling units per acre. A "reason-
able distance" shall be determined after investigation by
the community development director. Decisions of the
community development director may be appealed pursu-
ant to Section 17.44.090 of this title.
3. Dwelling Separation. No beehive or box shall be
located or maintained within four hundred (400) feet of
any dwelling on adjacent property.
4. Property Line Separation. No apiary shall be lo-
cated or maintained within fifty (50) feet of any property
line common to other property except that it may be ad-
joining the property line when such other property con-
tains an apiary, or upon mutual agreement for such loca-
tion with the adjoining property owner.
0 _11711(
4. Water. Available adequate and suitable water
supply shall be maintained on the property near the apiar-
ies at all times. (Ord. 397 Exh A (part), 3003)
33:
Gnoo_
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2004 -03,
AMENDING SECTIONS 17.08.010 (APPLICATION OF
DEFINITIONS) AND 17.28.030 (STANDARDS RELATING TO
ANIMALS) OF THE MOORPARK MUNICIPAL CODE
WHEREAS, on February 4, 2004, the City Council adopted
Resolution No. 2004 -2168 directing the Planning Commission to
study, set a public hearing, and provide a recommendation on
amendments to the Zoning Code related to animal keeping; and
WHEREAS, on October 25, 2005, the Planning Commission
conducted a duly- noticed public hearing on Zoning Ordinance
Amendment No. 2004 -03, proposed amendments to Section 17.08.010
and 17.28.030 of the Moorpark Municipal Code, received public
testimony on the proposed amendments, and after receiving oral
and written public testimony, closed the public hearing and
adopted Planning Commission Resolution 2005 -491 recommending
approval of Zoning Ordinance Amendment No. 2004 -03 to the City
Council; and
WHEREAS, on December 7, 2005, the City Council conducted a
duly- noticed public hearing on Zoning Ordinance Amendment No.
2004 -03, proposed amendments to Section 17.08.010 and 17.28.030
of the Moorpark Municipal Code, received public testimony on the
proposed amendments, and after receiving oral and written public
testimony, closed the public hearing; and
WHEREAS, the City Council concurs with the Community
Development Director's determination that this project is exempt
from the provisions of the California Environmental Quality Act
by the general rule that CEQA only applies to projects that may
have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds Zoning Ordinance
Amendment No. 2004 -03 is consistent with the City of Moorpark
General Plan and all adopted Specific Plans.
SECTION 2. Sections 17.08.010 and 17.28.030 of the
Moorpark Municipal Code are hereby amended as shown in Exhibit
A.
CC ATTACHMENT 2
0 01 0': 3
Ordinance No.
Page 2
SECTION 3. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which
is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Zoning Ordinance Amendment No. 2004 -03: Amendments
to Section 17.08.010 and Section 17.28.030 of the
Moorpark Municipal Code
00. 01 :
Ordinance No.
Page 3
EXHIBIT A
Zoning Ordinance Amendment No. 2004 -03:
Amendments to Sections 17.08.010 (Application of
Definitions) and 17.28.030 (Standards Related to
Animals) of the Moorpark Municipal Code
The terms "Animals, Farm" and "Animal husbandry" and their
respective definitions in Section 17.08.010 of the Moorpark
Municipal Code are hereby deleted.
The definitions for "Animals, Pet" and "Aviary" in Section
17.08.010 of the Moorpark Municipal Code are hereby amended as
follows:
Section 17.08.010 Application of definitions.
"Animals, Pet" means small domesticated animals, excluding dogs and cats including, but not
limited to birds, guinea pigs, rats, mice, chinchillas, other small rodents and lagomorphs, reptiles,
amphibians, and fish which are customarily kept for pleasure.
"Aviary" means any place where more than twenty-five (25) domestic birds are kept outside of a
dwelling.
Section 17.28.030 (Standards Related to Animals) of the Moorpark
Municipal Code is hereby amended in its entirety as follows:
Section 17.28.030 Standards relating to animal keeping.
A. General Provisions. The standards below shall apply to animal keeping or animal usage in
residential, agricultural and open space zones for the personal use or pleasure of the residents of the
property where the animal is kept. Any animal not specifically classified in Table 17.28.030B shall be
classified by the Community Development Director based upon the director's written determination of
similarity to animals listed in Table 17.28.030B. These regulations do not apply to animals used to assist
the blind, such as seeing -eye dogs and miniature horses. All animal keeping must be in compliance with
title 6 of the Moorpark Municipal Code.
1. All animals shall be contained in a humane manner entirely on the site on which they are
located. The manner of containment shall meet the setback and height requirements of the zone in which
the property is located and for the type of containment proposed. Animals may be contained in required
side and rear yard setback areas, but not in required front yard setback areas.
2. All animal containment areas shall be maintained sanitary, free from litter, garbage, debris and
the accumulation of animal waste. Containment areas shall not be located in a drainage channel or
conveyance.
3. Animal containment areas, other than for apiculture, pet animals, and cats and dogs, shall be
maintained at least forty (40) feet from any structure used for human habitation other than the owner's
residence.
4. Apiculture shall conform to the following requirements.
a. Street Separation. No beehive or box shall be located or maintained within one- hundred-
fifty (150) feet of any public road, street or highway, or as determined by the Community Development
Director.
�T
Wt.
Ordinance No.
Page 4
b. Apiary Location. A beehive or box shall be located or maintained a reasonable distance
from an urbanized area. For the purpose of this section, an urbanized area is defined as an area containing
three (3) or more dwelling units per acre. A "reasonable distance" shall be determined after investigation
by the Community Development Director but shall not be less than four - hundred (400) feet from the
property line on which the hives are located.
C. Dwelling Separation. No beehive or box shall be located or maintained within four -
hundred (400) feet of any property line.
d. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet
of any property line common to other property except that it may be adjoining the property line when
such other property contains an apiary, or upon mutual agreement for such location with the adjoining
property owner.
e. Water. Available adequate and suitable water supply shall be maintained on the property
near the apiaries at all times.
5. Domestic animals, other than those listed in table 17.28.03013 shall be allowed to be kept on
all residentially_ -zoned property subject to the following limitations;:
a. A maximum of fifteen (15) domestic animals including, but not limited to mice, rats,
hamsters, guinea pigs, turtlesteh, and small birds (less than six (6) inches in overall height). -ef
the pai-i'at fam I• ' Outside enclosures shall be set back a minimum of fifteen (15) feet from any dwellin
et adjacent property line).
b. A maximum of three (3) large birds (greater than six (6) inches in overall height) of the
parrot family. Outside (enclosures shall be set back a minimum of fifteen (15) feet - +4-52) from any
,1..,° l eradjacent property line).
C. Tropical fish. small caged crustaceans, amphibians and arthropods, and other similar
animals commonly sold in pet stores and kept as household pets, may be kept on any residentially -zoned
lot so long as the animals are not maintained for commercial purposes, do not constitute a nuisance, and
are adequately provided with food, care and sanitary facilities afid do Hot exeeed a total of six (6) anima-1s,
less tl,., , four (4) , tl old shall t be eetinted in the � * 1
\ / Ll7l C1I.
d. Animals which do not fit within this category may be permitted (including the total
number, upon approval by the Community Development Director.
B. Animal Keeping. The animal keeping requirements listed in Table B below are primarily
for the keeping of animals for the pleasure of the owners and not for commercial purposes, except as
noted in the table.
Table 17.28.030B
ANIMAL KEEPING
Type of Animal or Animal Usage'
.,..w..... ..
,(see Note B for example 1
Minimum 1
Lot Size
Maximum Number (A)
Bonin g
;calculation)
1. Apiculture
__..S acres__'
_.No
maximum.
, '
O -S
2. Aviary for domestic birds (see
5 acres
No maximum.
O -S, A -E, R -A, R -E
'Section 17.28.030A.5.)
3. Domesticated cats and dogs
_a. Single family dwellings
<5 acres
Any combination of 4
O -S, A -E, R -A, R -E,
>5 acres
Any combination of 6.
R -O, R -1, R -2, RPD,
f TPD
�_b. Multiple family dwellings
n/a
Any combination of 2.
RPD , R -2
Ordinance No.
Page 5
4. Equine, bovine or cleft - hoofed ;20,000 sq. ft.
1,�
animals JM&-,
"W 'd
including, but not limited to horses,
;ponies, mules, donkeys, burros,
?cows, bulls
5. Fowl (peacocks and pea hensi
;,are not permitted)
a. Chickens, ducks and game hens %10,000 sq. ft.
b. Roosters and guinea fowl 20,000 sq. ft
6. Kennelsy and catteries (see Minimum lot
;Section 17.20.050A.6 for size of the
.additional limitations) zone
7. Small animals such as rabbits, 20,000 sq. ft
chinchillas and other animals of''
`similar size as determined by the! j
Community Development Director'
which are bred for sale and not
:kept as pets
8. Small animals excluding' 10,000 sq ft.
domesticated cats and dogs but
'including and not limited to
rabbits, chinchillas, sheep, goats,
:pigmy goats, pigs, potbellied pigs,
and miniature horses which are not
bred for sale and are kept as pets
9. Veterinary Facilities including, ' Minimum of
but not limited to hospitals for the zone
large and small animals and
surgical offices (see Sections
17.20.050A.2. and 17.20.060C.4.a
and b for additional limitations)
10. Wild animals 1 acre
2 per 20,000 sq. ft. plus 1
additional animal for each
5,000 sq. ft. up to I acre. For
>1 acre, 1 additional animal
per each acre.
10 per 10,000 sq. ft
4 per 20,000 sq. ft.
By Conditional Use Permit.
10 per 20,000 sq. ft. plus 2
additional animals for each
5,000 sq. ft. up to 1 acre. For
>1 acre, 2 additional animal
per each acre.
3 per 10,000 sq. ft. plus 1
additional animal for each
5,000 sq. ft. up to I acre. For
>1 acre, 1 additional animal
per each acre.
By Administrative Permit or
Conditional Use Permit.
_.. _ I ..___ .. _ _ . __.
By Conditional Use Permit,
O -S, A -E, R -A, R -E,
R -O, RPD *, SP*
O -S, A -E, R -A, R -E,
R -O
O -S, A -E, R -A, R -E,
R -O
M -1, M -2
i
O -S, A -E, R -A, R -E,
R -O
O -S, A -E, R -A, R -E,
R -O
O -S, A -E, R -A, C -O,
C -1, CPD, C -2, C -OT,
M -1, M -2
O -S, A -E, R -E, R -O
1. Notes: ( Young animals born to permitted animal kept on the s.ite may be kept until �ueh animals a
g p re
weaned cats and dos four months; equine, bovine or cleft - hoofed animals twelve months).
(B) For example, if you have a 20,000 square -foot lot in the RE zone, you would be able to have 2
equine, bovine or cleft- hoofed animals, plus 20 chickens or ducks or game hens or combination thereof,
plus 4 roosters or guinea fowl or combination thereof, plus 10 small animals such as rabbits, plus 6 sheep or
other small animals, plus any combination of 4 domesticated dogs or cats.
* Equine animals, such as horses, ponies, mules, and burros, are allowed in RPD and SP zones only
in locations specifically designated for equestrian uses or horse keeping as part of the Residential Planned
Development Permit or Specific Plan. Bovine and other cleft- hoofed animals. 11, ,,i_-11, are not
0 0 1 17
Ordinance No.
Page 6
kn -pitted in these zones.
(11 " f )l ,5