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HomeMy WebLinkAboutOrdinance 1740 (Animal Keeping Amendments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1740 entitled: 'AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTION 14.03.030 (DEFINITIONS) TO ADD A DEFINITION FOR ANIMAL KEEPING; TO AMEND SECTION 14.17.020 (ANIMAL KEEPING) TO REQUIRE ADMINISTRATIVE USE PERMITS FOR KEEPING OF MORE THAN TEN ADULT CATS, MORE THAN THREE ADULT DOGS, OR MORE THAN THREE POTBELLIED PIGS PER PROPERTY OR DWELLING UNIT; TO INCLUDE ADDITIONAL STANDARDS FOR ANIMAL KEEPING AND TO INCLUDE THE PROVISION FOR THE AMORTIZATION OF NONCONFORMING PROPERTIES OR DWELLINGS CREATED BY THE REVISED REGULATIONS'. is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 16th day of AUGUST, 1999, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 7th day of SEPTEMBER, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 8th day of SEPTEMBER, 1999. JEANNEVM. LEONCINI, City Clerk ORDINANCE NO. 1740 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTION 14.03.030 (DEFINITIONS) TO ADD A DEFINITION FOR ANIMAL KEEPING; TO AMEND SECTION 14.17.020 (ANIMAL KEEPING) TO REQUIRE ADMINISTRATIVE USE PERMITS FOR KEEPING OF MORE THAN TEN ADULT CATS, MORE THAN THREE ADULT DOGS, OR MORE THAN THREE POTBELLIED PIGS PER PROPERTY OR DWELLING UNIT; TO INCLUDE ADDITIONAL STANDARDS FOR ANIMAL KEEPING AND TO INCLUDE THE PROVISION FOR THE AMORTIZATION OF NONCONFORMING PROPERTIES OR DWELLINGS CREATED BY THE REVISED REGULATIONS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, on February 16, 1999, the City Council held a public hearing on the previously recommended proposed amendment, but took no action on the amendment; and WHEREAS, on January 26 and July 27, 1999, the Planning Commission held duly noticed public hearings on the proposed amendment as required by State law and has considered all written correspondence, verbal testimony and the staff report relevant to the proposed amendment, and at which they accepted public testimony, and recommended to the City Council approval of the proposed zoning amendment; and WHEREAS, the amendment is consistent in principle with the General Plan, particularly the goals of the Natural Environment and Noise Elements; and WHEREAS, the public health, safety, and general welfare are served by the adoption of the proposed amendment; and WHEREAS, this ordinance is found to be categorically exempt from environmental review, per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970 as amended and per the City's Environmental Assessment Procedures Manual, Categorical Exemptions, Class 5F, Zoning Ordinance text amendments. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1: Chapter 14.03, Section 14.03.030 (Definitions) is amended to add the following: "Animal Keeping" or "Keeping of Animals" means the ownership, possession, custody, control or sheltering of an animal for fourteen (14) or more consecutive days, by any person on private property for non-commercial purposes. ORIGINAL a`'^ DIVISION 2: Chapter 14.17, Section 14.17.020 (Animal Keeping), Subsection B (Applicability) is amended to read as follows: B. Applicability. Performance standards for the non-commercial keeping of animals, including mammals, birds, reptiles, and bees unless specifically exempted by this subsection shall apply throughout the City of San Rafael. (See list of exemptions below.) An administrative use permit shall be required for the keeping of animals within the City of San Rafael. The following animals are exempt from these regulations: 1. Fish; 2. Three or fewer domestic dogs, not including wolf -hybrids, over the age of four months per dwelling unit; 3. Ten or fewer domestic cats over the age of four months per dwelling unit; 4. Any number of domestic dogs, cats or potbellied pigs under the age of four months; 5. Three or fewer potbellied pigs (not including hybrids over 70 pounds); 6. Four or fewer hens; 7. Ten or fewer of the following: a. Soft -billed birds (mynah, toucan, toucanettes, not including ducks or geese), birds of the Psittacinae family (parrots, parakeets, love birds), doves, pigeons, quail, finches and canaries, b. Hamsters, guinea pigs, pet mice, pet rats, and pet rabbits, and c. Non-native, nonpoisonous snakes, chameleons and iguanas. DIVISION 3: Chapter 14.17, Section 14.17.020 (Animal Keeping), Subsection C (Standards) is amended to read as follows: Chapter 14.17.020 Animal Keeping Bees and other nonexempt animals are subject to individual case review, and may be subject to the following types of standards: 1. Requirements for identification of animal guardianship, such as tagging or microchipping; 2. Requirements for spaying or neutering of animals; 3. Requirements for fences or fenced stockade areas; 4. Requirements regarding provision of food and water supply, such as supply locations, requirement for closed, rodent -proof containers, etc.; 5. Requirements to secure or sequester animals in shelters during specified hours of the day or night to minimize possible noise impacts; 6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces and urine; 2 7. Requirement that all places and premises where the animal is to be kept shall be open at all reasonable times and places to the inspection of the code enforcement manager or code enforcement officer, or other code enforcement officials, and the county health officer; 8. Verification of receipt of appropriate California Dept. of Fish and Game permits; 9. Verification of required vaccinations. In approving the application for an administrative use permit for the keeping of animals, the community development director may impose additional conditions that are deemed necessary to ensure the permit will be in accordance with the findings required by Section 14.21.080. DIVISION 4: Chapter 14.17, Section 14.17.020 (Animal Keeping), Subsection D (Findings) is amended to read as follows: D. Findings. In order to grant an administrative permit for the keeping of animals the following findings shall be made: Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision of the San Rafael Municipal Code or any other applicable provision of law. 2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an animal receiving inhumane treatment. 3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties adversely affecting the enjoyment of such property. 4. Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely affecting the enjoyment of nearby property. 5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the enjoyment of nearby property. 6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances. 7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents. 8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby properties or the natural habitat. DIVISION 5: Chapter 14.17, Section 14.17.020 (Animal Keeping), is amended to add the following subsection: E. Amortization of Nonconforming Animal Keeping 1. Any property or dwelling unit which becomes a nonconforming use on the effective date of Ordinance No. 1740 all be subject to an amortization period expiring three months from the effective date of such 3 Ordinance. At the end of such amortization period, any such property or dwelling unit shall become illegal, unless the owner has applied for and obtained any required land use permit in conformance with this Title, or has applied for an extension of the amortization period as provided hereafter. 2. The Community Development Department shall publish and post a written notice at least ninety (90) days prior to the expiration of the amortization period, advising that any owners of such nonconforming properties or dwelling units shall become illegal at the end of such amortization period unless the owners have applied for and not been denied any required land use permit for such properties or units, or applied for an extension of the amortization period as provided hereafter. 3. The owner of any such nonconforming property or dwelling unit may file an application with the Community Development Department for an extension of the amortization period. The application shall be made in writing in a form approved by the Community Development Director, and shall be accompanied by the required processing fee. Any application shall be made prior to the expiration of the amortization period, unless the Community Development Director determines that good cause exists for the late filing of the application. 4. Within 45 days following receipt of a completed application for an extension of the amortization period, the Community Development Director shall hold a public hearing on the application, after giving notice to all property owners within 300 feet of the property. The Community Development Director shall consider the evidence and testimony presented at the public hearing, and shall thereafter grant or deny an extension. In rendering its decision, the Community Development Director shall determine whether the nonconforming property or dwelling unit has been provided with a reasonable amortization period commensurate with the investment involved. If the Community Development Director determines that the amortization period is not reasonable, he/she shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant for the extension to establish that the extension should be granted. No more than a single extension may be granted. 5. In making its determination on the application for an extension, the Community Development Director shall consider the following factors: a) The owner's investment in any dwelling unit or property improvements made to accommodate the non -conforming animal keeping; b) The present actual and depreciated value of the dwelling unit or property improvements made to accommodate the non -conforming animal keeping; 4 c) The remaining useful life of the dwelling unit or property improvements made to accommodate the non -conforming animal keeping; d) The secondary effects of the animal keeping on the health, safety and welfare of surrounding properties if the amortization period is extended; e) Any other competent evidence relevant to the determination of a reasonable amortization period commensurate with the investment involved. 6. A copy of the Community Development Director's decision shall be sent by regular mail to the applicant. 7. Any interested person may appeal the Community Development Director's decision to the City Council, within five working days after the Community Development Director's decision, in conformance with the provision of Chapter 14.28 of the Municipal Code. Declaration of Public Nuisance. The City Council declares to be a public nuisance any lot where the nonconforming animal keeping is operating and where the amortization period as a nonconforming use has expired, and (a) no permit required by this Title has been obtained or (b) no application for an extension of the amortization period is on file or has been granted. DIVISION 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declare that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISON 7: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. /Zvo, Mayor ATTEST: JJ E M - LEON I, City Clerk The foregoing Ordinance No. 1740 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, held on the 16th day of August, 1999 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 7th day of September, 1999. JE&AE ZL&E049rNI, City Clerk 6