HomeMy WebLinkAbout1978-06-06; City Council; 5354-1; Wild Animals and Private Zoos.,:. CITY OF CARLSBAD
Initial
AGENDA BILL NO. 535*t SUPPLEMENT NO. 1 Dept. Head
DATE: JUNE 6, 1978 City Atty.
DEPARTMENT: PLANNING City Mgr.
SUBJECT:
WILD ANIMALS & PRIVATE ZOOS
CASE NO. ZCA-95
.STATEMENT OF THE MATTER:
On March 7, 1978, the City Council heard a presentation by Encil E. Rains,
Department of Animal Control. He requested that Carlsbad adopt amendments
to the animal regulations of the Zone Ordinance in keeping with the recent
ordinance amendments to the County's Codes as they refer to wild animals
and private zoos. Generally they were to permit the keeping of one wild
animal with a valid wild animal permit approved by the County Department
of Animal Control. If there were two or more wild animals a Conditional
Use Permit is required prior to making application for a wild animal
permit. In either case these permits will be issued only to people who
presently keep wild animals and the keeping of new wild animals will not
be allowed in San Diego County.
This Zone Code Amendment will add a definition for private zoo and require
that such private zoo have a Conditional Use Permit in all zones. Also,
the keeping of a single wild animal permit issued by the County Department
of An imal Control.
The Planning Commission heard this item on May 10, 1978 and recommended
approval.
EXHIBITS
Planning Commission Resolution No.
Staff Report dated April 26, 1978
RECOMMENDATION
It is recommended that the City Council direct the City Attorney to
prepare documents approving ZCA-95 as per Planning Commission Resolution
No.
Council action
6-7-78 The City Attorney was instructed to prepare documents
necessary approving ZCA-95 in accordance with Planning
Commission 'Resolution #1444.
PLANNING COMMISSION RESOLUTION NO. 1444
A RESOLUTION OF, THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS
« AND RECOMMENDATIONS RELATIVE TO AMENDING TITLE 21 OF
THE MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS
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21.04.400, 21.42.010 AND 21.44.220 TO REVISE THE
REGULATIONS APPLICABLE TO WILD ANIMALS AND PRIVATE
ZOOS.
CASE NO: ZCA-95
APPLICANT ; _ CITY OF CARLSBAD _ _
WHEREAS, the Carlsbad City Council directed the Planning
Commission to conduct a public hearing to consider a Zone Code
Amendment amending Sections 21.04.400, 21.42. 010 and 21.44.220
to revise the regulations applicable to wild animals and private
zoos; and
WHEREAS, the Planning Commission did hold a duly noticed
'Public Hearing as prescribed by law on April 26, 1978, and on
May 10, 1978, to consider the subject amendment; and
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired
to be heard, said Commission considered all factors relating to
the Zone Code Amendment and found the following facts and reasons
to exist:
1) The Carlsbad Zone Code makes no mention of wild animals or
private zoos at present.
21 2) The Zone Code Amendments are necessary to help bring our
22 codes in accordance with the County regulations of wild
animals and private zoos.
23 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission
24 of the City of Carlsbad that it does recommend approval to the
City Council of an amendment to Title 21 of the Municipal Code
as set forth in Exhibit "A" dated April 26, 1978, attached hereto.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City PlanningrCommission held on May 10, 1978, by
•' - """*• *.the following vote, to wit: **" '•*
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner Rombotis, Woodward, Larson,
L'Heureux, Jose.
None.
Commissioner Yerkes.
None.
JERRY ROMBOTIS, Chairman
ATTEST:
JAMB'S" C. HAGAMAN, .-Secr^ary
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EXHIBIT "A" 4/26/78
ORDINANCE OF
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF SECTIONS 21.04.400,
21.42.010 AND 21.44.220 TO REVISE THE
REGULATIONS APPLICABLE TO WILD ANIMALS
AND PRIVATE ZOOS.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad
Municipal Code is amended by the addition of Section 21.04.400 to'
read as follows:
"21.04.400 Zoo, Private. "Private Zoo" shall mean any lot,
building, structure, enclosure or premises whereupon or wherein
are kept by any person, other than a municipal corporation, the
United States, the State of California, or any political subdivis-
ion thereof, two (2) or more wild animals, whether such keeping
is for pleasure, profit, breeding, or exhibiting, and including
places where two (2) or more wild animals are boarded, kept for
sale, or kept for hire."
SECTION 2: That Title 21, Chapter 21.42, Section 21.42.010
of the Carlsbad Municipal Code is amended by the amendment of
Subparagraph (2) by the addition of Subsection (K) to read as
follows:
" (K) Private zoos; provided the property for such private
zoo has a minimum of 20,000 square feet, no animal is kept within •
20 feet of any property line, and a valid wild animal permit has
been issued pursuant to Section 62.681 of the San Diego County
Code of Regulatory Ordinances."
SECTION 3: That Title 21, Chapter 21.44 of the Carlsbad
Municipal Code is amended by the addition of Section 21.44.220
to read as follows:
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"21.44.220 Wild animals. The keeping of a wild animal, for
which a wild animal permit has been issued pursuant to Section
62.681 of the San Diego County Code of Regulatory Ordinances,
may be kept in any zone, provided the keeping of such wild animal
does not constitute establishment or maintenance of a private zoo.
Private zoos may be established or maintained only as provided
in Section 21.42.010."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of , 1978
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of '_ , 1978 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST :
MARGARET E. ADAMS, City Clerk
(SEAL)
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STAFF REPORT
DATE: April 26, 1978
TO: Planning Commission
FROM: Planning Department
CASE NO: ZCA-95, Wild Animals
APPLICANT: City of Carlsbad
REQUEST: Approval of a Zone Code Amendment to revise the
regulations applicable to wild animals and private zoos.
RECOMMENDATION
Staff recommends that ZCA-95 be APPROVED as set forth in Exhibit A, attached,
for the following reasons:
1. The Carlsbad Zone Code makes no mention of wild animals or private
zoos at present.
2. The Zone Code Amendments are necessary to help bring our codes
into accordance with the County regulations of wild animals and
private zoos.
BACKGROUND REPORT
History and Related Cases
On September 27, 1977, the Board of Supervisors of the County of San Diego
approved Ordinance No. 4986 amending sections of the County Code of Regulatory
Ordinances relating to wild animals.
The County Department of Animal Control requested the City of Carlsbad adopt
similar regulations. The City Council at their March 7, 1978 meeting directed
the City Attorney to prepare the necessary Ordinance to bring our Code into
accord with the new County regulations. At their April 4, 1978 meeting, the
City Council read the proposed Ordinance No. 3110 to amend the Municipal Code
Chapter regarding rabies, animal control and regulation. A public hearing
was set for May 2, 1978 to consider its adoption.
The County's changes also necessitate amendment to certain City zoning
ordinances. The attached Ordinance (Exhibit A) is the proposed amendment.
Environmental Impact Information
A Declaration of Negative (Non-Significant) Environmental Impact has been
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issued for the following reason:
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The project is administrative in nature and will have a minimal impact on
the physical environment.
DISCUSSION
The County Animal Regulations are adopted by the City by reference in Section
7.08.010 of the Municipal Code. The new regulations on wild animals and
private zoos recently adopted by the County, necessitate amendment to certain
City zoning Ordinances, to bring our codes into accordance with the County's.
The present zoning code makes no mention of wild animals or private zoos.
The proposed zone code amendment is needed to define and regulate wild animals
that are occasionally illicitly held.
The proposed ZCA will add a definition section for "zoo, private". Two or
more wild animals kept for any reason will constitute a private zoo. The
zone change further provides a section under Conditional Uses, to permit
a private zoo in all zones with a Conditional Use Permit.
Finally, the proposed Ordinance adds a section to the "Uses Generally"
chapter of the Zoning Code that permits the keeping of a single wild animal
in any zone, so long as a wild animal permit has been issued by the
appropriate County agency.
Attachments: Exhibit A
Agenda Bill No. 5354
DA:le
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EXHIBIT "A"
ORDINANCE OF
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF SECTIONS 21.04.400,
21.42.010 AND 21.44.220 TO REVISE THE
REGULATIONS APPLICABLE TO WILD ANIMALS
AND PRIVATE ZOOS.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad
Municipal Code is amended by the addition of Section 21.04.400 to'
read as follows:
"21.04.400 Zoo, Private. "Private Zoo" shall mean any lot,
building, structure, enclosure or premises whereupon or wherein
are kept by any person, other than a municipal corporation, the
United States, the State of California, or any political subdivis-
ion thereof, two (2) or more wild animals, whether such keeping
is for pleasure, profit, breeding, or exhibiting, and including
places where two (2) or more wild animals are boarded, kept for
sale, or kept for hire."
SECTION 2: That Title 21, Chapter 21.42, Section 21.42.010
of the Carlsbad Municipal Code is amended by the amendment of
Subparagraph (2) by the addition of Subsection (K) to read as
follows:
11 (K) Private zoos; provided the property for such private
zoo has a minimum of 20,000 square feet, no animal is kept within •
20 feet of any property line, and a valid wild animal permit has
been issued pursuant to Section 62.681 of the San Diego County
Code of Regulatory Ordinances."
SECTION 3: That Title 21, Chapter 21.44 of the Carlsbad
Municipal Code is amended by the addition of Section 21.44.220
to read as follows:
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"21.44.220 Wild animals. The keeping of a wild animal, for
which a wild animal permit has been issued pursuant to Section
62.681 of the San Diego County Code of Regulatory Ordinances,
may be kept in any zone, provided the keeping of such wild animal
does not constitute establishment or maintenance of a private zoo.
Private zoos may be established or maintained only as provided
in Section 21.42.010."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of , 1978
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of ,1978 by the
following vote, to wit:
AYES :
NOES :
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST :
MARGARET E. ADAMS, City Clerk
(SEAL)
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