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HomeMy WebLinkAboutOrdinance #1769 ORDINANCE NO . 1769 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SUBSECTIONS TO SECTIONS 9700 .3, 9700 . 6, 9700 . 7, 9700 .13 , 9700 .14 , 9700 . 17 AND 9793 . 1; ADDING SECTIONS 9700 . 5, 9764 .9 ; AND NEW ARTICLES 949 AND 963, ALL PERTAINING TO STANDARDS FOR HORSES IN SAID CITY The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding subsections (3) , (4) and (5) to Section 9700 . 3 ; adding Section 9700 . 5; adding subsections (2) and ( 3) to Section 9700 .6; adding subsections (2) and ( 3) to Section 9700 .7; adding subsection (8) to Section 9700 . 13 ; adding subsection (4) to Sec- tion 9700 . 14; adding subsections (3) and ( 4) to Section 9700 .17; adding Section 9764 .9 ; and adding subsection F to Section 9793 . 1, all to read as follows : 9700 . 3(3) COLT shall mean a male horse up to the age of two ( 2) calendar years . 9700 . 3(4) COMMERCIAL HORSE STABLE shall mean the entire par- cel of land upon which equines are boarded, maintained, kept , housed, lodged, fed, trained, sold, bred, or where instruction is offered as a commercial activity . A commercial horse stable shall also mean any parcel on which five (5) or more equines are main- tained. 9700 . 3(5) CORRAL shall mean an enclosure for holding one or more equines . 9700 .5 . Words beginning with the letter "E" shall have the following definitions : (1) EQUESTRIAN shall mean that which pertains to horses or horsemanship, or to one who rides on horseback . (2) EQUINE shall mean a horse , mule , burro, pony, jack (hinny or jenny) , and includes quadrupeds of the genus equus . 1. 9700 . 6 (2) FILLY shall mean a female horse up to the age of four (4 ) calendar years . 9700. 6(3) FOAL shall mean a colt , gelding, or filly up to the age of twelve (12) calendar months . 9700. 7(3) GELDING shall mean an emasculated male horse . 9700 .7(4) GRAZING shall mean the act of feeding on grasses . 9700 . 13(8) MARE shall mean a female equine which has attained the age of four (4) calendar years . 9700 . 14 (4) NONCOMMERCIAL HORSE STABLE shall mean the entire parcel of land upon which an equine or equines are maintained. It is the intent of this definition that such equines be owned by the resident and are maintained for private use . A noncom- mercial horse stable shall be any parcel on which four (4 ) or fewer equines are maintained; except that more than four (4) equines may be kept on a site where such equines are owned by the persons residing on such site. 9700. 17(3 ) STALL shall mean a compartment for one equine in a stable . 9700. 17(4) STALLION shall mean a male horse attaining the age of two (2) calendar years . 9764 . 9 . HORSE STABLE SIGNING . The maximum sign area permitted for commercial horse stables and establishments shall be thirty-two (32) square feet . All other requirements shall be subject to the provisions of the district . 9793 . 1. USE MINIMUM REQUIREMENT F. Recreational Use Parking: (1) Horse shows All parking for horse shows shall be subject to administra- tive review before the Board of Zoning Adjustments . (2) Horse stables or One (1) space for each three establishments (3) corrals plus one (1) horse trailer space for each ten (10) corrals . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 949 , entitled, "Equine Standards , Commercial, " and new Article 963, entitled, "Equine 2 . Standards , Noncommercial, " to read as follows : ARTICLE 949 EQUINE STANDARDS , COMMERCIAL 9490 . INTENT AND PURPOSE . The board and care of equines is hereby declared to be a commercial enterprise of a recreational nature and a luxury in an urban environment . The intent of this article is to establish standards for the keeping of equines in a manner which will not endanger the health, peace , and safety of the community and which will assure that equines are kept in a clean and sanitary condition and not subjected to suffering, cruelty, or abuse . It is further the intention of this article to provide for the regular inspection of equine stables to assure that good stable management is a continuing practice . Such in- spection is for the purpose of minimizing fly production, reducing natural fly attractants , and to prevent the breeding of flies . 9491. USES PERMITTED . The following uses may be permitted for a period to be determined by the Planning Commission subject to the approval of a use permit application by the Planning Com- mission: (a) The following uses where such use is adjacent to an established equestrian trail or where a minimum riding area of one (1) acre for every ten (10 ) equines is provided: (1) Animal and convalescent stables ( 2) Commercial equine stables (3 ) Livery and boarding stables (4) Private club riding stables (5) Public equine stable (6) Rental stables (7) Riding academy (b ) The following uses where a time limit and frequency is determined as a part of the approval : (1) Equitation show ( 2) Rodeo 9492 . YARD REQUIREMENTS . The yard requirements shall per- tain to all structures including but not limited to stalls , cor- rals , arenas and fly-tight manure bins , except pastures , grazing areas , access roads, and watchman' s quarters . All such structures shall maintain a minimum of three hundred ( 300) feet from any property that is used, zoned or master planned for residential use . 3 . All yard requirements shall be measured from the existing property line, the ultimate right of way line as adopted on the Master Plan of Arterial Streets and Highways and any amend- ments thereto, or any precise plan of a street or alley align- ment , whichever may be greater. The following yard setback requirements shall apply : (a) Front . The front yard setback shall be a minimum of fifty (50) feet . (b ) Interior Side . The interior side yard setback shall be a minimum of twenty-five (25) feet . (c) Exterior Side . The exterior side yard setback shall be a minimum of fifty (50) feet . (d) Rear. The rear yard setback shall be a minimum of twenty-five (25) feet. 9493 . GENERAL DEVELOPMENT STANDARDS. The following general development standards establish minimum and maximum requirements for maintaining equines : (a) Minimum building site : two (2) acres . (b) Minimum riding area: shall be one (1) acre for every ten (10 ) horses where stable does not abut an established rid- I, ing trail. (c) Minimum frontage : one hundred (100) feet . (d) Maximum building height : twenty-five (25) feet . (e) Landscaping and irrigation: landscaping and irriga- tion system shall be subject to approval of the Planning Depart- ment and provided in the following manner: (1) A five (5) foot planter shall be provided along the front property line. (2 ) A five (5) foot planter with perimeter trees and shrubs shall be provided along the side and rear property lines . (3 ) A permanent irrigation system shall be provided. (f) Sign: the minimum development standards for all signs shall conform to Article 976 . 4 . (g) Parking: the minimum development standards for all vehicle parking shall conform to Article 979 . 9493 . 2. SPECIFIC DEVELOPMENT STANDARDS . CORRALS, RACKS AND STALLS . All corrals , racks and stalls shall conform to the following requirements : (a) Equine Corral . There shall be one corral provided for each equine, except a mare and foal may be corralled to- gether for a period not to exceed twelve (12) months and corrals may be designed for more than one equine provided that all stand- ards shall be multiplied by the number of equines . Each equine corral shall meet the following requirements : (1) The minimum size corral shall be 288 square feet with a minimum dimension of twelve (12) feet and shall have a minimum five (5) foot high fence .' (2) Each corral shall be provided with a combination manger and feeder and a permanently installed water system with automatic drinking controls . The watering cup or drinking device shall at all times be under a shaded area. (3 ) Each equine shall be provided with a minimum of ninety-six (91) square feet of shelter covering with a minimum dimension of eight (8) feet . Shelters shall be sloped away from corral center, or rain gutters which lead to the outside of the corral shall be installed. (4 ) Corral floors shall be graded to slope away from the center of the corral . (b) Box Stall. A box stall is optional and may be pro- vided in lieu of equine corrals . Box stalls shall be a minimum size of 144 square feet and shall maintain a minimum dimension of twelve (12) feet . (c) Wash Rack. There shall be one wash rack provided for every thirty-five 35) equines but in no case shall there be less than one (1) wash rack . Each wash rack shall meet the following requirements : (1) The minimum size wash rack area shall be six (6) feet wide and eight (8) feet long. (2) Each wash rack shall be provided with a permanent watering system. (3 ) Each wash rack shall be constructed with a con- crete slab flooring. 5 . (4) Each wash rack shall be connected to an approved sewerage . 9493 . 3 . ADDITIONAL SPECIFIC DEVELOPMENT STANDARDS . In addition to the specific development standards set out in Section 9493 . 2, the following specific requirements shall be met : (a) In all enclosures where equines are maintained, the land surface of such enclosures shall be graded above the re- maining land surface . (b ) Exercise rings shall maintain a minimum dimension of thirty (30) feet . (c) Arenas shall maintain a minimum of ten thousand (10,000) square feet with a minimum dimension of eighty (80) feet . (d) Stallions shall be maintained in a manner that will protect people and other animals . (e) Density of equines : the maximum number of equines shall be twenty-five (25) equines per acre . (f) Public toilets : public toilets for each sex shall be provided. NOTE: Portable outdoor sanitation facilities shall not be permitted except they may be permitted for equitation events . (g) Storage and tack areas : storage and tack areas shall be provided and designated on the plot plan. (h) Trash, solid waste disposal areas , and dumpsters to be designated and conveniently located with an all-weather road access provided. (i) Access : all public rights of way shall be fenced and limited ingress and egress for vehicles and horses shall be provided. (j ) Watchman quarters : one mobilehome unit or equivalent for the watchman quarters shall be provided and subject to Plan- ning Department approval. (k) Lighting for rodeos , stables , and horse shows shall be such that it is directed onto the site . (1) Back-siphoning device shall be installed to protect the public water supply . An approved pressure vacuum breaker is recommended on the water line serving the corrals . The vacuum breaker should be at least twelve (12) inches above the 6 . highest point of water usage or an approved double-check valve may be acceptable . (m) Security lighting shall be provided and all utilities shall be underground. 9494 . STANDARDS OF PERFORMANCE. It is the intent of these standards to attain free circulation of air and maximum exposure to sunlight for the purpose of improving sanitation. Pipe fences are favored for maximum air circulation. 9494 . 1. FLY AND INSECT CONTROL. Fly and insect control shall be diligently practiced and subject to Article 312. (a) Disposal of stable wastes shall follow one or more of the following suggestions : (1) All thin layer spreading shall be subject to the approval of the Orange County Health Officer. (2) Immediate off-ranch delivery to farmers for di- rect fertilizer use, or to a county landfill for destruction. (3) Temporary placement shall not exceed forty-eight (48 ) hours in an all-concrete, three-walled open storage bin with removal to on or off ranch use or destruction on a suitable schedule. Size of storage bin depends on pro- jected daily volume of wastes . NOTE: the size and number could be predicated on the number of allowed horses . (b) Feed mangers or boxes shall not be placed near water sources since damp spilled feed attracts flies and makes a good breeding site for flies . 9494 . 2 . RODENT CONTROL . Rodent control shall be diligently practiced and the entire premises shall be kept in an orderly and sanitary manner to prevent possible rodent infestation. The following guidelines and criteria shall be considered in review- ing plans and in operation: (a) All dry grains shall be stored in rodent proof metal containers and hay shall be stored in a covered structure on a cement slab or on a raised wood platform that maintains a mini- mum clearance of eighteen (18) inches above the ground. (b) Any tack equipment , device, substance, or material shall be stored on racks or shelves at least twelve (12) inches above the floor surface . Tack room floors shall maintain a minimum clearance o� six (6) inches above the ground. 9494 . 3 . WATER MANAGEMENT. Special attention shall be given 7 . to water systems because accumulation of manure, bedding, and/or feed with water are ideal for fly production. For effective re- duction of these fly-production sources, the following guidelines are provided: (a) A nonleak valve for all troughs, bowls, cups, and other water sources shall be provided. (b) Automatic valves, or sanitary drains if water flow is continuous , are needed equipment for large troughs or cups . (c) In paddock and corrals , the developer should properly grade the earth surface to suit the master drainage plan so that rain water or water trough overflow does not form ponds . (d) Frequently remove stall bedding from underneath water cups . 9494 . 4 . STABLE SANITATION. Good sanitary methods around barns , stalls , paddocks, arenas , tack sheds , and the owner' s or watchkeeper' s quarters are as important as manure management . A general cleanup program should accompany the manure manage- ment system. Weed control near stables , corrals , water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air. This helps to dry the manure and reduce resting places for certain flies . Controlling weed growth from open waste water drains reduces potential habitats for filth, flies, gnats , and mosquitoes . 9494 . 5 . DUST CONTROL . Continuous dust control of the en- tire premises shall be maintained and subject to Article 313 . The following methods for dust control shall be followed: (a) A method for light water sprinkling of arenas and exercise pens shall be provided. (b) Chemical control of dust may be permitted. (c ) Perimeter trees and shrubs shall be required for dust control. 9494 . 6 . STABLE MANAGEMENT . The management of commercial horse stables shall meet the requirements of the Orange County Health Department to keep environmental problems at a minimum. 9495 • ENFORCEMENT. The Orange County Health Officer, under Articles 312, 313, and 902, is herein vested with the duty and authority to inspect regularly all commercial horse stables within the city. Report and recommendation by the Orange County Health Officer shall be forwarded to the Director of Building and Safety . 8 . ARTICLE 963 EQUINE STANDARDS, NONCOMMERCIAL 9630 . INTENT AND PURPOSE . The intent of this article is to establish standards for the keeping of equines on a non- commercial basis and in a manner which will not endanger the health, peace, and safety of the community and which will assure that equines are kept in a clean and sanitary condition and not subjected to suffering, cruelty, or abuse . It is further the intention of this article to provide for the regular inspection of noncommercial equine facilities to assure that good stable management is a continuing practice . Such inspection is for the purpose of minimizing fly production, reducing natural fly attractants , and to prevent the breeding of flies . 9631. USES PERMITTED. Equines may be permitted in any zoning district subject to an administrative review application before the Board of Zoning Adjustments and subject to the pro- visions delineated in this article. Equines maintained under this article are intended for private, noncommercial use. Equines shall be kept on any land within a reasonable distance of the owner' s premises in order to assure that such animals receive proper care . 9632 . USES PROHIBITED. Commercial operations of any nature are prohibited under this article. 9633 . YARD REQUIREMENTS . The yard requirements shall pertain to all structures that relate to equines including but not limited to stalls , corrals , arenas , and fly-tight manure bins, except pastures or grazing areas . All such structures shall maintain a minimum distance of one hundred (100) feet from any dwelling unit other than a unit on subject property that is used for human habitation. All yard requirements shall be measured from the existing property line, the ultimate right of way line as adopted on the Master Plan of Arterial Streets and Highways and any amend- ments thereto, or any precise plan of a street or alley align- ment , whichever may be greater. The following setback requirements shall apply : (a) Front . The front yard setback shall be a minimum of fifty (50) feet . (b) Interior Side . The interior side yard setback shall be a minimum of twenty-five (25) feet , except that the interior side yard setback shall be a minimum of fifty (50) feet for 9 . one equine and one hundred (100) feet for two or more equines from any property line that is coterminous with property that is residentially zoned, residentially used, or master planned for residential use . (c) Exterior Side. The exterior side yard setback shall be a minimum of fifty 50) feet . (d) Rear. The rear yard setback shall be a minimum of twenty-five 25) feet, except the rear yard setback shall be a minimum of fifty (50) feet for one equine, one hundred (100) feet for two or more equines from any property line that is co- terminous with property that is residentially zoned, residentially used or master planned for residential use. 9634 . GENERAL DEVELOPMENT STANDARDS. The following general development standards establish minimum and maximum requirements for maintaining equines : Minimum building site : ten thousand (10,000) square feet for two 2 or fewer equines . For each additional equine over two (2) there shall be an additional ten thousand (10,000) square feet provided. 9634. 2 . SPECIFIC DEVELOPMENT STANDARDS . The following specific requirements shall be met: (a) Corrals . There shall be a minimum size corral of 288 square feet provided for each equine except that a mare and foal may be corralled together for a period not to exceed twelve (12) months . Each equine corral shall meet the following re- quirements : (1) The minimum size corral shall be 288 square feet with a minimum dimension of twelve (12) feet and shall have a five (5) foot high fence . (2) Each corral shall be provided with a combination manger and feeder and a permanently installed water system with automatic drinking controls . The watering cup or drinking device shall at all times be under a shaded area. (3) Each equine shall be provided with a minimum of ninety-six (96) square feet of shelter covering with a minimum dimension of eight (8) feet . Shelters shall be sloped away from corrals , or rain gutters which lead to the outside of the corral shall be installed. (4 ) Corral floors shall be graded to slope away from the center of the corral . 10 . (b) In all enclosures where equines are maintained, the land surface of such enclosures shall be graded above the re- maining land surface so as to provide adequate drainage . (c) Stallions shall be maintained in a manner that will protect people and other animals . (d) Density of Equines . The maximum number of equines permitted on any one site shall be four (4) , except that more than four (4) equines may be kept on a site where such equines are owned by the person residing on such site . (e) Access . All public rights of way shall be fenced and limited ingress and egress for vehicles and horses shall be pro- vided. (f) Back-siphoning device shall be installed to protect the public water supply . An approved pressure vacuum breaker is recommended on the water line serving the corrals . The vacuum breaker should be at least twelve (12 ) inches above the highest point of water usage or an approved double-check valve may be acceptable . 9635 . STANDARDS OF PERFORMANCE . It is the intent of these standards to attain free circulation of air and maximum exposure to sunlight for the purpose of improving sanitation. Pipe fences are favored for maximum air circulation. 9635 . 1. FLY AND INSECT CONTROL . Fly and insect control shall be diligently practiced and subject to Article 312 . (a) Disposal of stable wastes shall follow one or more of the following suggestions : (1) All thin layer spreading shall be subject to the approval of the Orange County Health Officer. (2) Immediate off-ranch delivery to farmers for direct fertilizer use or to a county landfill for de- struction. (3) Temporary placement shall not exceed forty- eight (48) hours in an all-concrete, three-walled open storage bin with removal to on or off-ranch use or de- struction on a suitable schedule. Size of storage bin depends on projected daily volume of wastes . NOTE: the size and number could be predicated on the number of allowed horses . (b) Feed mangers or boxes shall not be placed near water 11. sources since damp spilled feed attracts flies and makes a good breeding site for flies . 9635 . 2. RODENT CONTROL . Rodent control shall be diligently practiced and the entire premises shall be kept in an orderly and sanitary manner to prevent possible rodent infestation. The following guidelines and criteria shall be considered in review- ing plans and in operation: (a) All dry grains shall be stored in rodent proof metal containers and hay shall be stored in a covered structure on a cement slab or on a raised wood platform that maintains a mini- mum clearance of eighteen (18) inches above the ground. (b ) Any tack equipment, device, substance, or material shall be stored on racks or shelves at least twelve (12) inches above the floor surface . Tack room floors shall maintain a mini mum clearance of six (6) inches above the ground. 9635 .3 • WATER MANAGEMENT . Special attention shall be given to water sources because accumulation of manure, bedding, and/or feed with water are ideal for fly production. For effec- tive reduction of these fly-production sources , the following guidelines are provided: (a) A nonleak valve for all troughs , bowls , cups and other water sources shall be provided. (b ) Automatic valves, or sanitary drains if water flow is continuous , are needed equipment for large troughs or cups . (c) In paddock and corrals, the owner should properly grade the earth surface to suit the master drainage plan so that rain water or water trough overflow does not form ponds . (d) Frequently remove stall bedding from underneath water cups . 9635 . 4 . STABLE SANITATION. Good sanitary methods around barn, stalls, paddocks, arenas , tack sheds , and the owner' s quarters are as important as manure management . A general clean- up program should accompany the manure management system. Weed control near corrals , water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air. This helps to dry the manure and reduce resting places for certain flies . Controlling weed growth from open waste water drains reduces potential habitats for filth, flies , gnats , and mosquitoes . 9635 . 5• DUST CONTROL. Continuous dust control of the en- tire premises shall be maintained and subject to applicable pro- 12 visions of Article 949 and Article 313 . 9635 . 6 . STABLE MANAGEMENT. The management of equine fa- cilities shall meet the requirements of the Orange County Health Department to keep environmental problems at a minimum. 9636 . ENFORCEMENT . The Orange County Health Officer, under Articles 312, 313, and 902, is herein vested with the duty and authority to inspect regularly all noncommercial equine facilities within the city . Prior to occupancy, a report and recommendation of the Orange County Health Officer shall be forwarded to the Director of Building and Safety . Certificate of occupancy shall be subject to the approval of the Orange County Health Officer. SECTION 3. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of August , 1972 r Mayor ATTEST: City erk APPROVED AS TO FORM: 'a4� i City Attorney 13 . Ord. ND. 1769 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES , The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and- ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of July 19_ 72 , and was again read to said City Council at a regular meeting thereof held on the 21st day of August , 19 72 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Green, Matney, Coen NOES: Councilmen: Gibbs, Duke ABSENT: Councilmen: Sh ipley CitT Clerk and officio Clerk 1. PAUL C. JONES, CITY CLERK of the City or, of the City Council of the City Huntington Beach and ex•officio Clerk of the City ' of Huntington Beach, California Council, do hereby certify that this ordinance Mat been published in the Huntington Beach News ofl ---- -- a ........................ 19..; In accorranre Vith the City Charter of said City. )'AUL C. JONES .............._ .�....................... Deputy crfy rvlQik