Loading...
HomeMy WebLinkAboutOrdinance - 2456 - Amend Title 7 .- . . . ORDINANCE NO. 2456 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 7 (ANIMALS), SECTION 7.04.120; TITLE 18 (ZONING), CHAPTER 18.43 (STANDARDS FOR SPECIFIC USES); SECTION 18.43.040 (ANIMALS); AND SECTION 18.15.030 (SIDE AND REAR YARD SETBACKS: HEN CHICKENS) RELATING TO THE KEEPING OF CHICKENS WHEREAS, the Planning Commission held a duly noticed public hearing pertaining to the attached amendments to the Redding Municipal Code Title 7, Animals, and Title 18, Zoning Ordinance, on March 23, 20 I 0, and recommended that the City Council adopt said amendments; and WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first reading of this ordinance; and WHEREAS, the Addendum to the Mitigated Negative Declaration (attached to the staff report) prepared for the amendments to Redding Municipal Code Title 7 and Title 18 appropriate, since there is no substantial evidence, in light of the whole record before the City of Redding, that the proposed amendments will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby adopts the Addendum to the Mitigated Negative Declaration prepared for the amendments to portions of Redding Municipal Code Title 7, Animals, and Title 18, Zoning Ordinance, as indicated in Section 2, below; Section 2. Title 7 (Animals), Chapter 7.04 (General Provisions), Section 7.04.120 (Fowl and Gnawing Mammals) is hereby amended to read as follows: 7.04.120 Fowl and Gnawing Mammals It is unlawful for any person to keep any chickens, geese, ducks, turkeys, pigeons, doves, squabs or similar fowl or any hares, rabbits, guinea pigs, chinchillas, hamsters, rats, mice or any other similar gnawing mammal, owned or controlled by him or her within forty feet of any dwelling house or structure used as a dwelling house, unless the house or structure is occupied by him or her; or to keep the same within fifteen feet of any side and rear property lines, except where the rear of the property abuts on a public alley, in which case a distance of fifteen feet from side property lines shall be maintained, or to keep the same within fifty feet of any front property line. Nothing in this Section is intended to supercede the provisions of Chapter 18.43.140 of the Zoning Ordinance in those instances where said Ordinance specifically regulates the type, number, and conditions under which certain specified animals may be kept. Section 3. Title 18 (Zoning Ordinance), Chapter 18.43 (Standards for Specific Land Uses), Section 18.43.040 (Animals) is hereby amended to read as follows: 18.43.040 Animals ~ CK The keeping of animals is consistent with the rural lifestyle emphasized in low-density residential development districts and can enhance the rural charm of these districts and areas. It is also ,'- . . appropriate that hen chickens be allowed within a more urban environment to the extent that they do not constitute a nuisance to neighboring properties. To permit the keeping of animals and ensure that their presence does not create an undue burden on neighboring residents, the following standards will apply, unless otherwise provided in the applicable zoning district. A. The keeping of cats, dogs, and other household pets fornoncommercial purposes is permitted in accordance with Title 7 of the Municipal Code. B. For noncommercial purposes, the keeping of the following animals shall be permitted in districts zoned "RL," "RE," and "RS." No slaughtering or processing shall be permitted in these zoning districts. The minimum site area of the parcel shall be as specified, and the number of animals allowed is subject to the requirements of subsections (D) and (E) below. I. Large animals 2. Small animals 3. Hen chickens 40,000 square feet 20,000 square feet No site area limitations C. All animal enclosures, including corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures are subject to the following setback requirements: (1) enclosures shall not be within 15 feet of a side or rear property line (except when adjacent to an alley) or within 50 feet of a front property line, and (2) enclosures shall not be located closer to any residence on an adjoining property than the distance specified below: I. Large animals: a. Horses, mules, donkeys, jennies, etc. b. Cattle c. Pigs, hogs* d. Goats e. Sheep f. Large fowl · Maximum number allowed is 3 sows and I boar. 75 feet 75 feet 500 feet I 00 feet 75 feet 75 feet 2. Small animals: a. Poultry b. Rabbits 40 feet 40 feet Exception - Hen Chickens. The side and rear property line setbacks may be reduced to 5 feet, and the setbacks from a residence on an adjoining property may be reduced to 30 feet for the keeping of hen chickens if the resident(s)/property owner(s) on abutting properly or properties provide written permission to the City, in a form acceptable to the Development Services Director, that reduced setbacks are acceptable to them. The Zoning Clearance provisions of Section 18.12.030A.2. shall be utilized for this purpose. Permission granted in accordance with this Section may be revoked within 60 days by the person or persons residing on or owning the abutting property by notifYing the Development Services Department in writing, as well as those persons maintaining hen chickens within setback areas. Upon revocation, the setbacks established by this section shall be adhered to. v . . . D. Animals are described in terms of "units" in this section to further define the relationships among animals of various sizes and to determine the number of animals allowed on a given parcel. Animal types are defined in Chapter 18.6 I. I. Large animals: each large animal is equal to one animal unit. 2. Small animals: a. Ten poultry equal I animal unit. b. Ten rabbits equal I animal unit. c. Two turkeys or other similar size fowl equal I animal unit. d. The keeping of specific animals is subject to the following special standards: (I) Poultry: all poultry shall be contained in coops or pens and not be allowed to run free on any site. Rooster chickens over three months in age are prohibited. The maximum number of poultry allowed is 20 (2 animal units). (2) Rabbits: all rabbits shall be contained in coops or pens and not be allowed to run free on any site. The maximum number of rabbits allowed is 20 (2 animal units). These restrictions do not apply to rabbits kept solely as pets. (3) Turkeys: all turkeys shall be contained in coops or pens and not be allowed to run free. The maximum number of turkeys allowed is 4 (2 animal units). E. The maximum animal density on any site is determined by the lot size. 1. Lots up to 19,999 square feet in area: up to six hen chickens over three months old provided that a residence is located on the lot and the keeping of such animals complies with this Section and Section 7.04.120. 2. Lots 20,000-39,999 square feet in area: small animals only at a density equal to one animal unit. 3. Lots 40,000 square feet in area: large and small animals at a density equal to 2 animal units. One additional animal unit is allowed for each additional 20,000 square feet ofIot size. 4. Fractional animal units can be combined to equal a full unit. For example, 5 poultry and 5 rabbits equal I animal unit. [No change to Subsections F through I] .~ . . . I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 20th day of April, 2010, and was read and adopted at a regular meeting of the City Council on the 4th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL'MEMBERS: Bosetti, Stegall, and Jones COUNCIL MEMBERS: Dickerson and Mc hnr COUNCIL MEMBERS: None COUNCIL MEMBERS: None ATTEST: '; './ I ," ~ . . - . ' ') J)l" M')- l~'''-\'' '~. ft.r PAMEI,.A MIZE, De uty City,Clerk ,. , FORM APPROVED: -;7Vd~~ RICHARD A. DUVERNAY, Ci ttorney Page 1 of 1 . . lj : c!JAd~ b Brown, Deena From: Duvernay, Rick Sent: Monday, May 10, 2010 8:32 AM To: Lopez, Emily Cc: Manuel, Kent; Brown, Deena Subject: RE: question I don't think we need to do anything or should do anything about it, except perhaps to just put this note in the Clerk's file. . The code sections that were changed will all be correct and I not aware of any process or procedure to make the correction. It we were missing key language in the Code or the title, that might be different. From: Lopez, Emily sent: Friday, May 07, 20109:37 AM To: Duvernay, Rick Cc: Manuel, Kent SUbject: question Rick, We recently sent this ordinance to Council and it has gone through it's second reading already, but yesterday we discovered an error in the title. The title mentions amending Section 18.15.030, which we decided at the last minute not to amend. So the body of the ordinance says nothing about that section, it's just in the title. Kent asked me to get your advice on what we should do, if anything. The Clerk's office brought the error to my attention, so they want to know what should be done as well. Thanks, Emily Emily Lopez, Executive Assistant 1 City of Redding Planning Division Development Services PO Box 496071 Redding, CA 96049-6071 (530) 225-4499 OQ~.~Q~~~~~~OQO~....~~...~....tt..~..4~~"'vQ~O~~~~~94Q++*~.~O 05110/2010