HomeMy WebLinkAboutAGENDA REPORT 2005 1221 CC REG ITEM 11A- r. �11rtF)R VAFEIG, CALIFORNIA TTL.* /� "• A.
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6CTION: ORDINANCE NO. 328
CE OF THE CITY OF MOORPARK, CALIFORNIA,
APP70VTRG-'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.
0 1,21 0 10121 It
Ordinance No. 328
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 21st day of December, 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
0001435
Ordinance No. 328
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 arc 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.
b. Apiary Location. A beehive or box shall be located or maintained a reasonable distance
OC)0 6
Ordinance No. 328
Page 4
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.
C. 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 17.28.030B 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, turtles, and small birds (less than six (6) inches in overall height). Outside
enclosures shall be set back a minimum of fifteen (15) feet from any 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 from any adjacent
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.
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.
'Type of Animal or Animal Usage
;(see Note B for example
calculation)
1 Apiculture
Table 17.28.030B
ANIMAL KEEPING
Minimum Maximum Number (A)
Lot Size
5 acres
2. Aviary for domestic birds (see 5 acres
Section 17.28.030A.5)
3. Domesticated cats and dogs
a. Single family dwellings <5 acres
>5 acres
b. Multiple family dwellings n/a
4. Equine, bovine or cleft- hoofed 20,0(x) sq. ft.
animals, including, but not limited
to horses, ponies, mules, donkeys,
:burros, cows, and bulls.
No maximum.
No maximum.
Any combination of 4.
Any combination of 6.
Any combination of 2.
2 per 20,000 sq. ft. plus 1
additional animal for each
5,0(0 sq. ft. up to 1 acre. For
>1 acre, 1 additional animal
per each acre.
Zoning
O -S, A -E
O -S, A -E, R -A, R -E
O -S, A -E, R -A, R -E,
R -O, R -1, R -2, RPD,
TPD
RPD, R -2
O -S, A -E, R -A, R -E,
R -O, RPD *, SP*
0001-37
Ordinance No. 328
Page 5
5. Fowl (peacocks and pea hens
are not permitted)
a. Chickens, ducks and game hens i10,000 sq, ft.
10 per 10,000 sq. ft.
O -S, A -E, R -A, R -E,
R -O
b. Roosters and guinea fowl 20,000 sq. ft
4 per 20,000 sq. ft.
O -S, A -E, R -A, R -E,
R -O
6. Kennels and catteries (see '!,Minimum lot
By Conditional Use Permit.
M -1, M -2
Section 17.20.050A.6 for size of the
additional limitations) zone
7. Medium animals such as llamas, ' 20,000 sq. ft
10 per 20,000 sq. ft. up to 1
O -S, A -E, R -A, R -E,
alpacas, sheep, goats, swine and
acre plus 2 additional animals
R -O
other animals of similar size as
for each acre > 1 acre.
determined by the Community',
Development Director which are
bred for sale and not kept as pets
8. Small animals such as rabbits, 20,000 sq. ft
10 per 20,000 sq. ft. plus 2
O -S, A -E, R -A, R -E,
chinchillas and other animals of,
additional animals for each
R -O
similar size as determined by the
5,000 sq. ft. up to 1 acre. For
Community Development Director
>1 acre, 2 additional animal
which are bred for sale and not
per each acre.
kept as pets
9. Small animals excluding' 10,000 sq. ft.
3 per 10,000 sq. ft. plus 1
O -S, A -E, R -A, R -E,
domesticated cats and dogs but
additional animal for each
R -O
including and not limited to
5,000 sq. ft. up to 1 acre. For
rabbits, chinchillas, sheep, goats,
>1 acre, 1 additional animal
pigmy goats, pigs, potbellied pigs,
per each acre.
and miniature horses which are not
bred for sale and arc kept as pets
10. Veterinary Facilities including, Minimum of
By Administrative Permit or
O -S, A -E, R -A, C -O,
but not limited to hospitals for the zone
Conditional Use Permit.
C -1, CPD, C -2, C -OT,
large and small animals and
M -1, M -2
surgical offices (sec Sections
17.20.050A.2. and 17.20.060C.4.a
and b for additional limitations)
11. Wild animals 1 acre
By Conditional Use Permit.
O -S, A -E, R -E, R -O
Notes: (A) Young animals born to a permitted animal kept on the site may he kept until such animals are
weaned (cats and dogs, 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 are not permitted in these
zones.
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