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Res 94-118RESOLUTION NO. 94- 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AN INITIATIVE ORDINANCE TO AMEND THE MUNICIPAL CODE REGARDING THE KEEPING OF LARGE ANIMALS WHEREAS, Elections Code Section 4011 provides that an initiative petition certified as sufficient by the City Clerk pursuant to that section shall be submitted to the voters at the next regular municipal election. WHEREAS, the City Clerk has certified as sufficient the petition proposing the initiative measure attached hereto and marked Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS FOLLOWS: 1. There shall be placed upon the ballot of the General Municipal Election of the City to be conducted on November 5, 1996, that initiative measure attached hereto, marked Exhibit "A", and by reference made a part hereof. 2. That on the ballots to be used at said General Municipal Election, in addition to any other matters required by law, and in addition to any other matters specified in the resolution calling said election, there shall be printed substantially the following: Shall there be adopted in the City of YES Poway the following: An initiative ordinance to amend the Municipal Code regarding the keeping of large animals? NO 3. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the ordinance. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the ordinance. 4. The initiative measure submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10219 of the Elections Code. Resolution No. 94-118 Page Two PASSED, ADOPTED AND APPROVED, By the City Council of the City of Poway, California, at a regular meeting thereof this 15th day of November, 1994. Don Higginsoh, Ma~F,B~r ATTEST: Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 94418 was duly adopted by the City Council at a regular meeting held on the 15th day of November, 1994, and that it was so adopted by the following vote: AYES: CALLERY, EMERY, HIGGINSON NOES: CAFAGNA ABSENT: SNESKO ABSTAIN: NONE Marjqrie~K. Wahlsten, City Clerk City ~of Roway Resolution 94-118 Page 3 INITIATWE PETITION TO THE CITY CLERK AND TH~ CITY COUNCIL OF THE CITY OF POWAY: ' We, the undersigned, registered qualified voters of the City of Poway, County of San Diego, hereby propose an initiative measure to amend the Poway Municipal Code as set forth below. We Petition the City Council to either adopt this measure without alteration or, in the alternative, that the measure be submitted to the voters for their approval or rejection, all as called for by the California Elections Code. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS [NAME OF INITIATIVE AND SUMMARY-- TO BE ASSIGNED BY CITY ATTORNEY] The People of the City of Poway do hereby ordain as follows: I. PURPOSE AND INTENT. The purpose and intent of this initiative measure is to prohibit commercial horse stables as defined herein and excessive numbers of other large animals from locating in residentially zoned areas except upon issuance of a conditional use permit in the RR-A zone. Horse and large animal activities lawfully existing on the effective date of this measure are not affected. II. DEFINITION. A. For purposes of this ordinance, the following definition shall be used: "Commercial horse stable" means any stable which keeps more than six horses on any parcel or, on parcels of less than one acre, keeps proportionately in excess of six horses per acre as defined in section 17.32.010 (below). III. FINDINGS. Ao General Plan Consistency.. This proposed measure is consistent with the Poway General Plan. In particular the Rural Residential-A (RR-A) designation as described in the General Plan Community Development/Land Use Element covers more total land area than any other designation in the City. It is primarily large lot size residential with lots ranging in size from 4 to 40 acres. Horse and large animal stables as authorized in this measure are appropriate in such large lot areas. In all other residential zones, commercial horse stables and the keeping of more than a few other large animals would not be consistent with the primarily residential character and use of the area. EXHIBIT A Resolution 94-118 Page 4 Co Reasonable Horse and Large Animal Use Allowed. Under this measure reasonable horse and other large animal boarding and related activities will be allowed. Lawfully existing horse and other large animal activities on the effective date of this measure are not affected, and commercial horse stables are allowed in the RR-A zone upon the issuance of a conditional use permit. Preservation of Rural Character. Unless restrictions on commercial home stables and the keeping of other large animals as set forth in this measure are adopted, the residential character of Poway's residential zones will be jeopardized. While home boarding, the keeping of large animals and related activities are compatible with the rural character of the RR-A area, such uses have adverse impacts and detract from the ambiance in Poway's smaller lot residential zones. IV. ZONING ORDINANCE AMENDMENT. Proposed Amendments to Title 17 of the Poway Municipal Code regarding the keeping of horses and other large animals are set forth below with proposed deletions shown by overstrike and proposed additions shown by shading. (A) Section 17.04.700(A) is hereby added to the Poway Municipal Code to read as follows: (B) The table at section 17.08.110 of the Poway Zoning Ordinance is hereby amended to read as follows. Resolution 94-118 Page 5 C~R 17.08 - Residential Zones 17.08.110 Permitted and conditional uses -- Animal and Agricultural Uses Animal and Agricultural uses in residential zones shall be as follows: .~-!-~l and Agricultural Us~s .~ ~ RS-2 R$-3 P. S4 RS-7 RC RA RR-B RR..C RS-1 A. All types of horticulture ~ P P P P P P P B. 4-H or FFA animal raising and/or ~ P P P P P P P keeping in accordance with Section 17.26.030.K C. The wholesaling of products rai~ed on ~ P P P P P P P the premises, only when said property is two acres or greater in size. D. Keeping of large animals in accordance with Chapters 1732 and 1733 (land must be vacant in Zones RC and 3. T'y-_?__~' (in-) _~r mc:'- :~-:------!; te''~ For purposes of determining the ne~d of a .~.~.L".er Cen~-!:".:n:: '?.e P_-.'-m_:.: Conditional Use Permit, the total shall include all animals kept on contiguous }arcels, where the parcels are owned in whole or in part by the same person or : persons, or, where the animals, or any ' the facilities for the animal~, are maintained or operated in whole or ha part by the same person or persons. E. Keeping of small animals in ~ P P P P P P P accordanc~ with Section 1732.020 (land must he vacant in Zones RC and RA). F. Keeping of dogs and cam (over the age of eight months): 1. Three d~s and/or three cats ~ P P P P P P P 2. Six dogs and/or six eats ~ p P X X X X X G. Kennels, commercial and ~ C C C X X X X noncommercial (for doss and/or cats in excess o[ those permitted in subsection G o[' this section) in accordance with Chapter 172,4. Resolution 94-118 Page 6 I-'L The keeping of wild, exotic or non- ~I M X X X X X X domestic animals. I. Large animal hospital. ~ C X X X X X X J. leaping 0f beehives: 1. One to three beehives ~ P" M X X X X X 2. Four or more beehives~, M M X X X X X IL The raising of earthworms providing: ~ P P M M X X X I. The arc devoted to the raising of earthworms shall not exe,~¢d ten percent of the minimum lot size permitted in thc zone; 2. The arcs devoted to the raising of earthworms shall be no closer than fifty f~:t from any adjoining residential dwclling; and 3. Thc operation shall bc fully enclosed or in an enclosed structure. (C) Section 17.32.010 of the Poway Zoning Ordinance is hereby amended to read as follows: "17.32.010 Keeping of large animals. The following regulations are established for the keeping of large animals in residential rural and residential single-family zones pursuant to subsection D of Section 17.08.110: A. Lot Size. All lots shall have a minimum of ten thousand square feet for the keeping of large animals. B. Number of animals allowed. Square Footage Maximum Permitted Resolution 94-118 Page 7 ~;~.1~ ~11 ~ ~+~:~A ~, ~..1+:~1.~ +~ ..... ~* ~ ....... ~ ~ --~"11 ..... ...~1~ who]: :umb::. I~ detemfi~ing the :umbe~ o[ a~imals allowed, the ~ollo~g shad ~ot be included in the floodways; open space and right-of-way easements; The off pfing of any animal will not be counted among the total animals permitted until such offspring reaches an age of one (1) year. C. Separation. No such animal shall be kept closer than thirty-five feet of any structure legally used for human habitation on adjacent property. D. Setbacks. Keeping of such animals shall not be pet,citted in the required front, ~!!i:i!and street side yard setback area. E. Enclosures. Large animals shall be maintained in a corral or structure of design, materials, and construction sufficient to prevent the escape of the animal or animals enclosed. Electrically charged wires shall be used only to supplement other fences, and shall meet Underwriter's standards for electric fences. Special care shall be taken to ensure that stallions are provided with adequate fence enclosure to contain them within the boundaries of the owner's property. Resolution 94-118 Page 8 No structure or enclosure for the keeping of large domestic animals shall be constructed or maintained in any regular, intermittent, or seasonal watercourse. Stables and barns shall be constructed and maintained in accordance with the building code of the city. All buildings used for the keeping of animals and all corral or enclosure fences shall be constructed and maintained in a neat and orderly condition and kept in good repair. Landscaping or other screening techniques may be required as appropriate to assist in screening of stables, barns, corrals, and stored hay. F. Disposal of waste. Each property owner or lessee is responsible for the continuous maintenance of sanitary conditions which includes, but is not limited to, the cleaning of corrals, stables, barns and other areas to which animals have access. All wastes, including manure, urine and expended bedding, produced by said large animals shall be disposed of or treated on a regular basis so as to control flies and odor. Animal waste shall not be allowed to accumulate, runoff, or leach so as to create a nuisance or be offensive to other persons of reasonable sensitivities in the Manure piles shall be located in a safe area away from any water source and out of natural drainage channels. Manure storage areas shall be designed to drain away from adjacent properties and so as to prevent surface water from leaching into streams, ditches or groundwater. Manure may not be stockpiled in required side-, rear-, or front-yard setback areas. Manure may be disposed of by removal, fertilizing, or composting. If waste is to be composted or used for fertilizer, proper procedures must be used to control insects and to minimize offensive odors. G. Fly control. Property owners or lessees who keep large animals on their property shall carry out a positive program of fly control (i.e., through the use of traps, pesticides, etc.) when necessary to control the fly population. H. Ponding. Each lot and structure shall be maintained so that there is no standing surface water or ponding within areas in which large domestic animals are kept. I. Sanitation. All animals and all premises, enclosures or structures wherein animals are kept shall be maintained in a clean, sanitary and secure condition." (D) Section 17.33.010 of the Poway Municipal Code is amended to read as follows: Resolution 94-118 Page 9 i~~~i~{~i~ may ~ be established m the reslden~ zones except m ~e ~-~ zone upon approvm oI a ~nmuonm ' bs ~on D of use pe~it~,~ ~:...~. ~.~...~._.~:~-~' .... .~ ~c~t pursuant to su e Section 17.08.110 ~d ~apter 17~8. ~ requiremen~ of Sec~on 17.32.010 'Keep~g of Large Animals' sha~ apply." (E) Section 17.33.030 of the Poway Municipal Code Zoning Ordinance is hereby amended to read as follows: "17.33.030 Conditions of Approval. Conditions imposed by the conditional use per,,it or minor conditional use permit shall be directed at ensuring the public health and safety and at obtaining compatibility of the use with the surrounding propemes. :~?..>.. ........... ~ >~.., ~ ................... ~..:....~..., ................. ~.....:.....,: ~......, .............. ~:..:,> !~:,:z.::x.: ,¥ iO:..,:i~.: ~ · - ..'.::..~i.q~'.. - ~~~~~~"""~'U'~i"aon21~ons may ~volve ~y pe~ent ii.om affec~ng ~e estabhshment, opera.on, ~d maNtenance of ~e requested use, indud~g but not limited to: 4. 5. 6. 7. The number and location of animals; The type and construction of corrals, stables, or other structures; Fencing requirements; Landscaping requirements; Hours of operation for commercial facilities; Lighting and the hours of illumination; Nature, duration and frequency of special events." (F) Section 17.23.130 is hereby added to the Poway Municipal Code Zoning Ordinance to read as follows: r.. ' ~; ...... ~ .... *'~, ? ...................... i~-....~.'---.-'-ss:¢::'-~'~'~':.'--:.'?~il/>-¥~ ."~'.~.'.?i.'' (G) Amendment or Repeal. This measure may be amended or repealed only by a majority of the votem voting in an election thereon. Resolution 94-118 Page 10 (H) Severabili _ry. If any section, subsection, sentence, clause, phrase, part or portion of this measure is for any reason held to be invalid or unconstitutional by a final judgment of any court · of competent jurisdiction, such decision ~all not affect the validity of the remaining · ' portions of this measure. It is hereby declared that this measure, and each section, subsection, sentence, dame, phrase, part or portion thereof would have been adopted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. (I) Competing Measures. In the event that there are any competing measures on the same ballot with this measure which purport to address the same subject matter as this measure, the following rules shall apply. If more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one measure are in direct, irreconcilable conflict with particular provisions of another measure. In that event, as to those confficting provisions only, the provisions of the measure which received the most votes shall prevail.