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HomeMy WebLinkAboutRES PC 2005 0491 1025RESOLUTION NO. PC- 2005 -491 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2.004 -03 TO AMEND SECTION 17.08.010 (DEFINITIONS) AND 17.28.030 (STANDARDS RELATING TO ANIMAL KEEPING) 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, at its ME Commission conducted a Ordinance Amendment No. 17.08.010 and 17.28.030 public testimony on the oral and written public reached a decision; and Feting of October 25, 2005, the Planning duly- noticed public hearing on Zoning 2004 -03, proposed amendments to Section of the Moorpark Municipal Code, received proposed amendments, and after receiving testimony, closed the public hearing and WHEREAS, the Planning Commission 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 PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds the proposed amendments to Section 17.08.010 and 17.28.0304 of the Moorpark Municipal Code related to animal keeping for certain zones within the city are consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Section 17.08.010 and 17.28.030 of the Moorpark Municipal Code related to the definitions and animal keeping in certain zones as recommended by staff and shown as Exhibit 1, attached. Resolution No. PC- 2005 -491 Page 2 SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Landis and Taillon, Vice Chair_ Peskay and Chair Pozza NOES: ABSTAIN: ABSENT: Commissioner DiCecco PASSED AND ADOPTED THIS 25th DAY OF OCTOBER, 2005. Scott Pozza, air ATTEST: *Br . Ho a ty Hoff Director Exhibit l: Draft Ordinance Amending Section 17.08.010 and 17.28.030 of the Moorpark Municipal Code Resolution No. PC- 2005 -491 Page 3 EXHIBIT 1 Section 17.08.010 Application of definitions. "Animals, farm" This definition would be eliminated. "Animal, husbandry" This definition would be eliminated. "Animal, 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 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 feet (40') 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 feet (150') of any public road, street or highway, or as determined by the Community Development Director. Resolution No. PC- 2005 -491 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 feet (400') 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 feet (400') of any property line. d. Property Line Separation. No apiary shall be located or maintained within fifty feet (50') 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, tropical fish, small birds (less than six inches in overall height) of the parrot family (enclosure shall be set back a minimum of fifteen feet (151) from any dwelling or adjacent property). b. A maximum of three (3) large birds (greater than six inches in overall height) of the parrot family (enclosure shall be set back a minimum of fifteen feet (15') from any dwelling or adjacent property). C. 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, are adequately provided with food, care and sanitary facilities and do not exceed a total of six (6) animals (fish are exempt from the maximum number) on any lot either within or outside any dwelling. Offspring less than four (4) months old shall not be counted in the total. 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 Resolution No. PC-2005-491 Page 5 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 --0, oco -�amc noes Minimum Usage (see Note B for 2C, COC fowl.. Lot Size example calculation) Mir.--Mum — Apicult-ire acre 2. Aviary for d o -r. E-s C here b'.rds see Sect-io-. zcr:e .-17.28.03CA.5.) 20,(-0- 3. Domes -i- at-ed cats and Sq. f do,as <5 acres a. Single fam--Iy dwellings >5 acres b. Multiple ---am--*.Iy Ti/a d,we' J rigs Eai:ne, bov- rie or 20, 000 �`ef--hoo,ea an-Mai sq. ft.. i-cl-tidi.ng, but -iot- oco to horses, ponies, --.iules, Sq. f -. QC.--1'Ke.yS, bl.r!-OS, COWS, a.-I(' bu. I.s :•TA or 4H sponsored 1 acre projects 6. Fowl peacocks and -)ea nenc are rot. permittedl, a. Cnickens, dicks and --0, oco -�amc noes sq. t'- Rocste--s and Guinea 2C, COC fowl.. sq. ft- Kenneis anl cal--eries Mir.--Mum ;see czecti= 1'/.20.C50A.6. lot size f the zcr:e Small an- Tnals such as 20,(-0- rabbits, clAnch-*I -Ias a id Sq. f an-;Tria.' s of similar size as d e L e -.,n r e d by the ri.T i - --i y D e v e o p m e r t D: rector are bred for sa-e and not kept as P t - S . 9 Sn:al l a -1 d T-1 a ' excluding oco domes L L ca ed cats ;irid dogs Sq. f -. inc-udinc and not- Maximum Number (A) Zoning Nc T..ax'mum 7',L', Os No maXiMUM AE, RT,, 0---:', RF Any cortbinat.icri Of 4 RPI,, a -1, R-2 Any 'C07b-na".Ior, of 6 Rl-:, :40, AE, :�A, OS R P F-, R -2 Any co-b-'nat'on of 2 per S(1. ft. R'_ ,)-Us I add itio-ia-' a.-I iMal each 5, 000 sq. up to -- a`-r,0. For >-- acre, i ad-iit--'ona-- a-ii-nal Pe- each acre. S,aridards per --ype of AE", F'o ari4.rri_l by 1'eriporary Jse 10, per 1 CGO sq. ft.. RO, AE, PA, ")S 4 per 20, 00C sc. `- , R101, AE", L),A, OS By Use ,)e-ntir. 10 per 20,000 sq. ft. plus 2 addi.t.-:onal animals for each 5,000 so. ft. tip -C 1 acre. For >1 acre, 2 a d d.. t i o r .I a n . rT! ;I per earn acre. 3 per -O,OCO sa. ft. plus - addi'-i-(,nai animal for each 5,000 Yl-' , . -2 P\-:--, RIC, AF, RA, CS !2E, -RI", AE, OS Resolution No. PC- 2005 -491 Page 6 _united Lo rabbits, sq. ft. up to " acre. ch_- lc:Tl_ las, sheep, goat. >, -or %1 acre, pigmy goats, 0.,-S, addi`ionai animal per co'_be:l.ied ,_cs, and each acre. niniat; ire horses w:n i ch are not bred `or sa-e and are kept as pets 1-C JeLer. nary �ac1�1-_es Mir:imum P I?dminis- native y ir.clud:r.q, b' t. no *. lim_Led of the Permit and Condi-.:onal to hasp' t.a : s for large anc Lore .!Se 1)erIT'.1- small animals a-ia suruicai offices (see section 1_7.20.050A.2. and 1'; .20.06JC. 4 .._ end b. 11. Tr1i : d animals 1 acre 3y Co-id'. ` i.onal Use P e r:Tt i - C -0, C -1, CPU C -2, C -OT, 1-1, M -2 2F, R0, AF, OS \otes: (A. _'oung animals born t.n a permit-Led animal kept on the site may be ke,t un -1- s.l. ^.h animals :are weaned (Cats and does, `our months; eoulnc, b^vine or :-left- hoo'ed animas, twelve months). (P) "or exar'.,:e, if you have a 20,000 sq.iare `oot lo- _n t. Ie RE core you you .cl be ab:e to have 2 equine, bovine or clef - - hoo.`ec animas, p.1 :s 20 chic: {e:Is or d.lcks or game 'ne-1s or ccmbina71ion - -hereof, -)-us 4 roosters or guinea fcw_ or combina - ion thereof, pus 12 small animals such rabbl:.s, plus 6 steep cr o'.:ner small anima's, clus any c:or-Tbination of 4 domes -_ *cited :legs Of Cats.