HomeMy WebLinkAboutORD 328 2005 1221ORDINANCE NO. 328
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.
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.
Ordinance No. 328
Page 2
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 circul ' , defined in Section 6008 of the
Government Code, for the City of Moorpar , and which * hereby designated fir that
purpose.
PASSED AND ADOPTED this ?I st day of December,
ATTEST:
Deborah S. Traffenstedt, C 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
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 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 17.28.0308 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. Ali 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.
Ordinance No. 328
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 17.28.030B 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.
Ordinance No. 328
Page 5
5. Fowl (peacocks and pea;
.hens are not permitted)
a. Chickens, ducks and game
Table 17.28.03013
10 per 10,000 sq. ft.
O -S, A -E, R -A, R -E,
ANIMAL KEEPING
ft.
'Type of Animal or Animal
Minimum
;Usage (see Note B for
Size
Maximum Number (A)
Zoning
;example calculation)
R -O
ft
1. Apiculture
5 acres
No maximum.
O -S, A -E
2. Aviary for domestic birds'
5 acres
No maximum.
O -S, A -E, R -A, R -E
(see Section 17.28.030A.5)
additional limitations)
the zone
3. Domesticated cats and dogs
7. Medium animals such as'
20,000 sq.
a. Single family dwellings '
<5 acres
Any combination of 4.
O -S, A -E, R -A, R -E,
acre plus 2 additional
>5 acres
Any combination of 6.
R -O, R -1, R -2, RPD,
TPD
b. Multiple family dwellings
n/a
Any combination of 2.
RPD, R -2
4. Equine, bovine or cleft -'
20,000 sq.
2 per 20,000 sq. ft. plus 1
O -S, A -E, R -A, R -E,
hoofed animals, including, but
ft.
additional animal for each
R -O, RPD *, SP*
not limited to horses, ponies, !
5,000 sq. ft. up to 1 acre.
mules, donkeys, burros, cows,',
For >1 acre, 1 additional
and bulls.
animal per each acre.
5. Fowl (peacocks and pea;
.hens are not permitted)
a. Chickens, ducks and game
10,000 sq.
10 per 10,000 sq. ft.
O -S, A -E, R -A, R -E,
hens
ft.
R -O
4 per 20,000 sq. ft.
O -S, A -E, R -A, R -E,
b. Roosters and guinea fowl
20,000 sq.
R -O
ft
6. Kennels and catteries (see
Minimum
By Conditional Use Permit.
M -1, M -2
Section 17.20.050A.6 for;
lot size of
additional limitations)
the zone
7. Medium animals such as'
20,000 sq.
10 per 20,000 sq. ft. up to 1
O -S, A -E, R -A, R -E,
llamas alpacas sheep goats ;
ft
acre plus 2 additional
R -O
1 f f 1
swine and other animals of animals for each acre > 1
similar size as determined by acre.
the Community Development'.
Director which are bred for sale'
.and not kept as pets
8. Small animals such as 20,000 sq. 10 per 20,000 sq. ft. plus 2 O -S, A -E, R -A, R -E,
rabbits, chinchillas and other, ft additional animals for each R -O
animals of similar size as', 5,000 sq. ft. up to 1 acre.
'determined by the Community For >1 acre, 2 additional
Development Director which are animal per each acre.
bred for sale and not kept as
pets
Ordinance No. 328
Page 6
;Type of Animal or Animal' Minimum
Usage (see Note B for Lot Size
example calculation)
9. Small animals excludingi 10,000 sq.
domesticated cats and dogs but ti ft.
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
10. Veterinary Facilities ! Minimum of
including, but not limited to I the zone
!hospitals for large and small
animals and surgical offices
(see Sections 17.20.050A.2.'
'and 17.20.060C.4.a and b for
additional limitations)
Maximum Number (A)
3 per 10,000 sq. ft. plus 1
additional animal for each
5,000 sq. ft. up to 1 acre.
For >1 acre, 1 additional
animal per each acre.
By Administrative Permit or
Conditional Use Permit.
Zoning
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
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 be 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.
Ordinance No. 328
Page 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 328 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
21 st day of December, 2005, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 23rd day of December, 2005.
Deborah S. Traffenstedt, Clify Clerk
(seal)