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HomeMy WebLinkAbout1978-06-06; City Council; 5469; Chinchillas and Other Domestic Animals"~""; ' ~~~ CITY OF CARLSBAD ~ -• i/Q Initial AGENDA BILL NO. ^>J"C> f Dept. Head DATE: JUNE 6, 1978 City Atty . DEPARTMENT: PLANNING City Mgr. SUBJECT: CHINCHILLAS AND OTHER DOMESTIC ANIMALS CASE NO. ZCA-96 STATEMENT 0 F This is a needed amendment to clean up regulations on domestic animals. The problems were brought to our attention again when reviewing the wild animal regulations (ZCA-95) and a recent problem with the con- struction of a chinchilla farm in an R-1 Zone. Generally the present code is inconsistent as it pertains to the keeping of domestic animals in the various zone districts. For example in the E-A Zone dogs and cats are permitted (as a less restrictive use). However, no mention of dogs or cats is contained in the R-1 Zone indicating that dogs or cats are not permitted except in the E-A Zone. Furthermore, chinchillas are permitted in the R-1 Zone without any restrictions. Generally this code amendment permits the keeping of domestic animals of not more than a total number of 3 adult animals in any zone. Any combination over 3 animals is considered a kennel and permitted only in the industrial zones (C-M, M & P-M by Conditional Use Permit). Also, the raising of chinchillas are specifically deleted from the R-1 Zone. The Planning Commission heard this item on May 10, 1978, and have recommended approval. EXHIBITS Planning Commission Resolution No. ]kk5 Staff Report dated May 10, 1978 RECOMMENDATION It is recommended that the City Council direct the City Attorney to prepare documents approving ZCA-96 as per Planning Commission Resolution No. 1^5. Council action ' . 6-7-78 The City Attorney was directed to prepare documents necessary fo.r the approval of ZCA-96 in accordance with Planning Comntissj'on Resolution #1445. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PLANNING COMMISSION RESOLUTION NO. 1445 A RESOLUTION OP 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 21.04.180, 21.04.195, 21.04.378, 21.07.030, 21.08.010, 21.09.030, 21.10.010, 21.30.010, AND 21.44.075 TO REVISE THE PERMITTED USE REGULATIONS REGARDING THE KEEPING OF CHINCHILLAS, DOGS AND CATS. CASE NO: ZCA-96 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 21.04.180, 21.04.195, 21.04.378, 21.07.030, 21.08.010, 21.09.030,, 21.10.010, 21.30.010 and 21.44.075 to revise the permitted use regulations regarding the » keeping of chinchillas, dogs and cats; 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 Zone Code does not'clearly differentiate in the definitions section between a "kennel" and "veterinarian and small animal hospital". 2) The Zone Code does not clearly distinguish whether a "kennel" means a place where four or' more adult dogs or cats are kept individually by animal type or in combination. 3) Chinchilla raising currently receives unusual preference over other similar type animals in the Zoning Code. 27 4) There is a conflict in the Zoning Code regarding the use 28 of veterinarians, kennels, and small animal hospitals in the Heavy Commercial-Limited Industrial Zone (C-M). 1 2 5 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 5) The common practice of keeping dogs, cats and other household pets is presently not addressed as a permitted use in most zones of the Code. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission 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 28, 1978, attached hereto, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on May 10, 1978, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioner Woodward, Larson, L'Heureux, Jose. None. Commissioner Yerkes. Commissioner Rombotis. * • . . JERRY ROMBOTIS, Chairman ATTEST : ^f> .3 April 28f-"V978 EXHIBIT A 1 2 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING- TITLE 21, CHAPTERS 21.04, 21.07, 21.08, 21.09, 21.10 AND 21.30 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.04.180, 21.04.195, 21.04.378, 21.07.030, 21.08.010, 21.09.030, 21.10.010, 21.30.010 AND 21.44.075 TO REVISE THE PERMITTED USE REGULATIONS REGARDING THE KEEPING OF CHINCHILLAS, DOGS AND CATS. CASE NO.: ZCA-96 _ 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 deletion of Section 21.04.180, as follows : - — •" Animal- Hespitai^-means-em ifig7-bea:reling--anel-ethei?-se3? vices-are- render ed- to- dogs 7 -cats , SECTION 2: That Title 21, Chapter 21.04, Section 21.04.195 of the Carlsbad Municipal Code is amended to read, as follows: " 21.04.195 Kenne 1 . "Kennel" means a place where four or more adult dogs or cats in any combination are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is an animal of either sex, altered or unaltered, that has reached the age of four months . " • SECTION 3: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.378 to read as follows : "21.04.378 Veterinarian and Small Animal Hospital. "Veter- inarian and Small Animal Hospital" means a place of business operated by a qualified veterinarian for the treatment of small domestic animals, where boarding, training and grooming of animals are only incidental to such treatment." SECTION 4: That Title 21, Chapter 21.07, Section 21.07.030 of the Carlsbad Municipal Code is amended by the deletion of 1 2 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 Subsection (2), as follows: SECTION 5: That Title 21, Chapter 21.08, Section 21.08.010 of the Carlsbad Municipal Code is amended by the amendment of Subsection (6), Paragraph (C) to read, as follows: "C The keeping of all domestic animals provided for in this section shall conform to all other provisions of law governing same, and no fowl or animal, or any pen, coop, stable or barn, exeepfe-fer— ehinehiiias, shall be kept or maintained within forty feet of any building used for human habitation located on the adjoining property, or within forty feet of any street or public property." SECTION 6: That Title 21, Chapter 21.09, Section 21.09.030 • of the Carlsbad Municipal Code is amended by the deletion of Subsection (1) to read, as follows: - — 0rSinary-hettseheid-petS7-inelttding-btit-net-limited-te degs-and-eatsr — N©fe-mea?e-fehan-two-adttife-elogs-and-ifewe-ad'ti4t SECTION 7: That Title 21, Chapter 21.10, Section 21.10.010 of the Carlsbad Municipal Code is amended by the deletion of Subsection (5), Paragraph (A), as' follows: 11 -(Af — ehinehillas-" SECTION 8: That Title 21, Chapter 21.30, Section 21.30.010 of the Carlsbad Municipal Code is amended by the deletion of Subsection. (27), as follows: SECTION 9: That Title 21, Chapter 21.44 of the Carlsbad Municipal Code is amended by the addition of Section 21.44.075 to read, as follows: .2 1 2 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 "21.44.075 Keeping of Dogs, Cats and Household Pets. Ordinary household pets, including but not limited to dogs and cats, may be kept in any zone. Not more than three adult dogs or cats in any combination are permitted for each dwelling unit together with offspring under four months of age. Such keeping must conform to the regulations of animals referred to in Chapters 7.04 and 7.08 of the Carlsbad Municipal Code." 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: ABSTAIN: ABSENT: RONALD C. PACKARD, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) .3 STAFF REPORT DATE: May 10, 1978 TO: Planning Commission FROM: Planning Department CASE NO.: ZCA-96, Chinchillas and Household Pets REQUEST: Approval of a Zone Code Amendment to revise the permitted use regulations regarding the keeping of chinchillas, dogs and cats. RECOMMENDATION Staff recommends that ZCA-96 be APPROVED as set forth in Exhibit A, attached, for the following reasons: 1. The Zone Code does not clearly differentiate in the definitions section between a "kennel" and "veterinarian and small animal hospital". 2. The Zone Code does not clearly distinguish whether a "kennel" means a place where four or more adult dogs or cats are kept individually by animal type or in combination. 3. Chinchilla raising currently receives unusual pre- ference over other similar type animals in the Zoning Code. 4. There is a conflict in the Zoning Code regarding the use of veterinarians, kennels, and small animal hospitals in the Heavy Commercial-Limited Industrial Zone (C-M). 5. The common practice of keeping dogs, cats and other household pets is presently not addressed as a permitted use in most zones of the Code. BACKGROUND REPORT History and Related Cases ZCA-14, Animals in R-l Zone, City Council Resolution No. 1051; On September 15, 1964, the City Council approved a Zone Code Amendment permitting horses in R-l zones, with certain pro- visions. This amendment is Section 21.10.010(5) (B) of the present Zoning Code. Environmental Impact Information A -Declaration of Negative (Non-Significant) Environmental Impact has been issued for the following reason: The project is administrative in nature and will have a minimal impact on the physical environment. DISCUSSION The Carlsbad Zoning Code is currently incomplete in its regulation of animal uses, particularly in residential zones. Chinchillas and horses are the only animals identified as a permitted use in any residential zone except the Residential Agricultural (R-A) and Rural Residential Estate (R-E) Zones. Other residential zones make no mention of dogs, cats, or other small animals considered household pets. However, the City receives animal control services by contract from San Diego County, and County animal regulations are adopted by reference in Section 7.08.010 of the Municipal Code. Modifications of the "Definitions" chapter of the Zoning Code (Section 21.04) are proposed, to clarify present ambiguities. Section 21.04.180 defining "Hospital, Animal" is being deleted and replaced by the addition of Section 21.04.378 defining "Veterinarian and Small Animal Hospital". The main intent of this revision is to stress that such animal services as bbarding, training, and grooming of animals are only "incidental" to medical treatment of animals. This distinction must be drawn so as not to overlap the definition of a "kennel"; a use that is treated differently in the Zoning Code than veterinarian and small animal hospitals. The present "kennel" definition (Section 21.04.195) also needs to be amended slightly to avoid confusion. This section says that a "kennel means a place where four or more adult dogs or cats are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for com- pensation. An adult dog or cat is an animal of either sex, altered or unaltered, that has reached the age of four months." It seems uncertain, under this definition, whether a combination of four or more adult dogs and cats constitutes a kennel, or if the different animals are to be treated separately. For instance, would a place where three dogs and three cats are kept be considered a kennel? Consequently, the proposed Zone Code Amendment would add the words "in any combination" to the definition for a kennel, to clarify the matter. Chinchilla raising, as a permitted use in the R-l zone, is given special' consideration over other similar type animals for no apparent reason. Even in the R-A zone, where animal -2- raising is permitted, chinchillas are singled out for exception to, requirements imposed on similar animals. Therefore, the proposed ordinance will eliminate the phrase "except for chinchillas" from Section 21.08.010(6)(C) of the Code, and bring this use under the same regulations as for other domestic animals. Furthermore, in view of the unfounded preferential treatment granted chinchilla raising, the amendment to Section 21.10.010 of the Zoning Code is proposed as outlined in Exhibit A. Chin- chilla raising will no longer be a permitted use in residential zones, excepting the R-A and R-E zones. This amendment would be consistent with the current Code which does not allow commercial uses in most residential zones, since chinchilla raising is normally conducted as a commercial enterprise. The proposed ZCA will delete Subsection 21.30.010(27) which allows veterinarians, kennels and small animal hospitals as a permitted use in the Heavy Commercial-Limited Industrial Zone (C-M). This amendment is needed to resolve a current conflict in the Zoning Code. The "Conditional Uses" chapter (21.42) permits veterinarians and small animal hospitals in all zones except residential, with a Conditional Use Permit. Kennels are allowed only in industrial zones with a CUP. Since the requirement of a CUP is more restrictive than permission by right, the Conditional Uses chapter must be followed. The conflicting section of the C-M zone will be deleted to resolve this discrepancy. Veterinarian and small animal hospitals and kennels will still be allowed in a C-M zone with a CUP. Finally,- since dogs, cats and similar household pets are omitted as a permitted use in most zones, the addition of Section . 21.44.075 to the "Uses Generally" chapter is proposed. This amendment will legalize in all zones the common practice of keeping ordinary household pets. Three adult dogs or cats in any combination was chosen as a logical limit, since four or more would constitute a kennel. In order to provide consistency through the Zone Code, the proposed ZCA will delete the sections of the Code presently addressing household pets. Section 21.07.030(2] of the Exclusive Agricultural Zone (E-A) and Section 21.09.030(1) of the Rural Residential Estate Zone (R-E) will be deleted. Consequently, all zones will have a uniform regulation for keeping of household pets. DA: sb Attachment: Exhibit A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.04, 21.07, 21.08, 21.09, 21.10 AND 21.30 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 4 21.04.180, 21.04.195, 21.04.378, 21.07.030, 21.08.010, 21.09.030, 21.10.010, 21.30.010 AND 21.44.075 TO REVISE THE PERMITTED USE REGULATIONS REGARDING THE KEEPING OF CHINCHILLAS, DOGS AND CATS. CASE NO.: ZCA-96 6 The City Council of the City of Carlsbad, California, does ordain as follows: 8 SECTION 1: That Title 21, Chapter 21.04, of the Carlsbad 9 Municipal Code is amended by the deletion of Section 21.04.180, 10 as follows; 11 14 15 IV 18 19 20 22 23 24 25 26 27 28 April 28, 4.978 EXHIBIT A ORDINANCE NO. SECTION 2: That Title 21, Chapter 21.04, Section 21.04.195 of the Carlsbad Municipal Code is amended to read, as follows: " 21.04.195 Kenne 1 . "Kennel" means a place where four or more adult dogs or cats in any combination are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is an animal of either sex, altered or unaltered, that has reached the age of four months . " SECTION 3: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.378 to read as follows: "21.04.378 Veterinarian and Small Animal Hospital. "Veter- inarian and Small Animal Hospital" means a place of business operated by a qualified veterinarian for the treatment of small domestic animals, where boarding, training and grooming of animals are only incidental to such treatment." - * - SECTION 4: That Title 21, Chapter 21.07, Section 21.07.030 of the Carlsbad Municipal Code is amended by the deletion of 1 2 3 4 SECTION 5: That Title 21, Chapter 21.08, Section 21.08.010 5 of the Carlsbad Municipal Code is amended by the amendment of 6 Subsection (6), Paragraph (C) to read, as follows: 7 "C The keeping of all domestic animals provided for in this 17 18 20 21 22 23 24 25 26 27 28 Subsection (2), as follows: section shall conform to all other provisions of law governing same, and no fowl or animal, or any pen, coop, stable or barn, exeepfe-fer-ehinehiiias, shall be kept or maintained within forty feet of any building used for human habitation located on the 10 adjoining property, or within forty feet of any street or public property." SECTION 6: That Title 21, Chapter 21.09, Section 21.09.030. 12 of the Carlsbad Municipal Code is amended by the deletion of 13 Subsection (1) to read, as follows: 14 15 degs-and-eatsr — Net-mea?e— fehan— eafes-are-permitted-fer-eaeh-dweiiing-enife-togetheaf-with-eff- r-f eur-menths-ef-age " SECTION 7: That Title 21, Chapter 21.10, Section 21.10.010 of the Carlsbad Municipal Code is amended by the deletion of Subsection (5), Paragraph (A), as follows: SECTION 8: That Title 21, Chapter 21.30, Section 21.30.010 of the Carlsbad Municipal Code is amended by the deletion of Subsection (27) , as follows: - — VeterinariansT-kennels-and-smail-animal-hespitals-r" SECTION 9: That Title 21, Chapter 21.44 of the Carlsbad Municipal Code is amended by the addition of Section 21.44.075 to read, as follows: .2 25 26 27 28 "21.44.075 Keeping of Dogs, Cats and Household Pets. Ordinary household pets, including but not limited to dogs and cats, may be kept in any zone. Mot more than three adult dogs or cats in any combination are permitted for each dwelling unit together with offspring under four months of age. Such keeping must conform to the regulations of animals referred to in Chapters 7.04 and 7.08 of the Carlsbad MunicipalCode." 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RONALD C. PACKARD, Mayor 24 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: ABSTAIN: ABSENT: ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) .3