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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 * o •••I •IK -o •jo 2Q 25 26 27 28 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. xxx xxx 1 2 5 4 5 6 7 8 9 10 t11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 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 .2 2 3 4 5 6 7 8 9 o 10 S< 8 11 BSlIli^le1 9to O S _J$13 V— Ul O-r Z o Q W K " <•o o s. o, 16 17 18 19 20 21 22 23 24 ,, 25 26 27 28 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: 0 CO CO|U< O-1 Oc: cj P. 1 1 2 3 4 5 6 7 8 9 10 11 12 O 2 g 1 -ZE . - y C_ J.O £ H < S ° O E ~- u 0 C - P O Z- t >•£ O o 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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) 2, 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 -1- issued for the following reason: • 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 -2 - en oy o 1 2 3 4 5 6 7 8 9 10 n< tn o s= !j o - o o " S 14 S t 5 16 17 18 19 20 21 22 23 24 25 26 27 28 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: • , , * • aCO COt/3 0. ' J 0 O U-' 3 IT" § >-|i D O S. Z2 £ £ E oH W c -2 Z °. C~iUJ ££. 1^ <y o £Z H- 0 ^ > 1 O 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nn — • ' ^ ' '• "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) • 2.