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HomeMy WebLinkAboutCode Amendment 72-1 - Ordinance 1769 - Equine Standards - CA r r Page #11 - CouncLI Minutes - 9/21172 ORD.. NO. 1637 - ADOPTED - ZONE CASE N(1,�70-2fi {LATER RECONSIDEREE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SFCTION 9061 TREREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF YORKTOWN AVBNUE AND BROOKHURST STREET (ZONE CHANGE NO. 70-26)." ORD. NO. 1771 - ADOPTED - PRECISE PLAN NO. 72-4 "AN ORDINANCE OF THE CITY OF MJNTMTON BEAR AMENDING THE H1MINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 33 TO INCLUDE PRECISE PLAIT NO. 72-4." ORDINANCE NO. 1769. - ADOPTED - EQUINE. STANDARDS The Clerk presented Ordinance No. 1769 for a second reading by title - "AN ORDINANCE . OF THE CITY OF HUNTINGTON BEACH AMENDINC THE 11UNTINCTON REACH ORDINANCE CODE BY ADDING StRiSECTIONS TO SECTIONS 9700.3, 9700.6, 970.0:7, 9700.1-1, 9700.14, 9700.17 AND 91793.1; ADDING Sle. (TONS 9700.5, 9764.9; AND NEW ARTICLES 9149 AND 963, ALL PERTAINING TO STANDARDS FOR iiORSES IN SAID CITY." Following discussion, a motion was made by Councilman *Matney that Ordinance No. 1769 .be continued for 90 days pending preparation of a report from the Planning Commission and Planning Staff concerning recommended areas within the City suitable for locating new stables. Following considerable discussion by Council., the motion made by Councilman Matney to continue Ordinance No. 1.76.9 was withdrawn. On motion by Green, Council waived further reading of Ordinance No. 1769 by the follow- ing roll call vote AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOTES: Councilmen: None ABSENT: Councilmen: Shipley On motion by (:teen, Coctncil adopted Ordinance No. 1709 by the following roll call Vote: AYES: Councilmen: Bartlett, Green, Matney, Coen NOES: Councilmen: Gibbs, Duke ABSENT: Councilmen: Shipley EMERGENCY ORDINANCE NO. 1777 - ADOPTED - MORATORIUM - USE PERMITS - RI-PD DEVELOPMENTS The Clerk presented Emergency Ordinance No. 1777 for a reading in full - "AN EMER- GENCY ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON THE ISSUANCE OF USE PERMITS BY THE PLANNING COMMISS10N WITH RESPECT TO RI-PD DEVKLOPMENTS,i' Following discussion, the Clerk was directed to read Emergency Ordinance No. 1777 in full. On motion by Green, Couacit adopted Kwrlency Ordinance No. 1777 by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES., Councilmen: Notre ABSENT: Councilmen: Shipley 4 Page #7 - Council Minutes - 7/17/72 i Following discussion, on emotion by Bartlett, Council waived further Treading of Ordinance No. 1764 and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs ORDINANCES FOR INTRODUCTION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1767 and 1768 by title, and waived further reading of same by the following roll call vote: AYES: Councilmen- Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs ORD. NO. 1767 -FIRST READING - PRECISE PLAN NO, 72-5 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE 'BY AMENDING DISTRICt MAP 13 TO INCLUDE PRECISE PLAN NO. 72-5." ORD. NO. 1768 - FIRST READING - PRECISE PLAN NO. 72-6 i "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 35 TO INCLUDE PRECISE PLAN NO. 72-6." ORD. NO. 1769 - FIRST READING - EQUINE STANDARDS The Clerk presented Ordinance No. 1769 for a first reading by title - "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." i In response to a question by Councilman Duke, the City Attorney informed the Council that pursuant to provisions of the State Vehicle Code, it was permissable for 1 horses to be ridden on streets and highways. Councilman Green expressed hope that the law allowing horseback riding on streets and highways would not be misconstrued by the riders so as to imperil their safety. Councilman Matney requested the City Administrator to direct staff to work with the local stable owners to establish designated crossing areas for the riders. A motion was made by Mayor Coen to delete that portion of the ordinance under Section 9490 as follows: "nor permitted to be led or ridden off the site other than an established riding trail. " The motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Coen NOES: Councilmen: Duke ABSENT: Councilmen: Shipley, Gibbs The Clerk was directed to read Ordinance No. 1769 by title as amended, and on motion by Green, Council waived further reading of same by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs `1L Page #8 - Council Minutes - 7/17/72 Mayor Coen directed that the second reading of Ordinance No. 1769 be deferred to the meeting of August 21, 1972. APPLICATION -_CERTIFICATE OF PUBLIC NEED & NECESSITY - FOX SECURITY PATROL _- APPROVED The Clerk presented a request for a Certificate of Public Need and Necessity submitted by Mr. Donald A. Fox, dba, Fox Security Patrol, 6040 Fairbrook Street, Long Beach, California, to operate a private patrol service in the City. He further informed Council of the recommendation of approval by the Police Department and Administration. On motion by Green, Council granted a Certificate of Public Need and Necessity to Mr. Donald A. Fox, dba, Fox Security Patrol, to operate a private patrol service in the city, with the stipulation that if said business ceases operation in the city for a six month period, the Certificate shall become null and void. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSBUT: Councilmen: Shipley, Gibbs POLICE DEPARTMENT COMMENDED The City Clerk read a communication written by Mr. Randy Richardson, 305 9th Street, City, commending Officers Darrell Klopp and Frank Nagel for their bravery, alertness and professional conduct during a hit and run accident which occurred in his neighbor- hood on the evening of July 4, 1972. DISPOSITION OF ORDINANCE NO. 1768 - PERMIT ORDINANCE Mr. Don Nelson, 6332 Warner Avenue, City, addressed Council regarding the disposition of proposed Ordinance No. 1768 pertaining to Business Licenses and Permits, and was informed that the public hearing on the ordinance held earlier in the meeting had been continued for 90 days. Mayor Coen suggested that he contact Mr. Belsito, Administrative Assistant, for the schedule of the committee which will meet on this matter. REQUEST TO ADDRESS COUNCIL - HORSE RELATED ACCIDENTS Miss Tina Paull, 10121 Kaimu Drive, City, addressed Council and stated that she believed Council's anticipation of an increase in horse related accidents was unwarranted. Dis- cussion was held between the Council and Miss Paull concerning the need for safety pre- cautions to be taken by riders on heavily traveled streets. DISSOLUTION OF TALBERT WATER DISTRICT - RESOLUTION TO BE PREPARED The City Administrator informed Council, that pursuant to their direction at the June 199 1972 meeting, a study had been conducted and several meetings held regarding the dis- solution of the Talbert Water District. Mr. Marcus Porter, member of the Board of Directors of the Talbert Water District, reported on the status of the efforts to dissolve the District. He informed Council that Rodger Howell, Attorney for the District had been directed by the Board to pro- ceed to examine methods by which the activities of the District could be terminated through an agreement with the City which would allow the City to take over bond service. Councilman Matney suggested that the city take over the District's operation on paper to clear the bond debt. 442 Page #7 - Council Minutes - 7/3/72 There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Green, Council approved Code Amendment No. 72-10 and directed that Ordinance No. 1765 effecting such amendment, be read by title and waived further reading by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs ORD. NO. 1765 - FIRST READING - AMENDS CODE PERTAINING TO INDUSTRIAL USE "AN ORDINANCE OF THE CITY OF umiNGToN BEACH AMENDING THE HU=INGTON BEACH ORDINANCE;. . CODE BY AMENDING SECTIONS 9511.1 AND 9530.2 AND BY ADDING SECTION-9530.3 PERTAINING TO INDUSTRIAL, USES." PUBLIC HEARING - CODE AMENDMENT NOS 71-32, 72-1 & 72-8 - ARUINE STANDARDS-APPROVED Mayor Coen declared that this was the day and hour set for a public hearing on Code Amendment Nos. 71-32, 72-1 and 72-8 - initiated by the Planning Commission, to es- tablish the following: Code Amendment 71-32 - to establish equine standards for commercial horse stables and require submittal for a Use Permit Application before the Planning Commission for such use. Code Amendment 72-1 - to establish equine standards for non-commercial horse facilities and require submittal of an Administrative Review_ Application before the Board of Zoning Adjustments for such use. Code ant 72-8 - to establish definitions for terms used in the equine stan- dards and to establish provisions for horse stable signing and parking. The Assistant City Clerk informed Council that all legal requirements for Publica- tion and posting had been met and that she had received letters from Mrs. Joan M. Bush and Mrs. Robert Horner submitting a mass letter of protests with approximately 766 names of children and adults mainly protesting Sections 9490, 9491 and 9492, but also protesting Code Amendments 72-1 and 72-8. Mayor Coen stated that Council was in receipt of a communication from Mr. Gustav Johanson in reference to the dust problem on the Vavra fandly ,property, and requested that it be made a record of the proceedings. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment Nos_ 71-32, 72-1 and 72-8 Mayor Coen declared the hearing open. Mr. A. C. Marion, 18892 Main Street, City, addressed Council and stated that as a_ member of the committee which assisted in drafting the proposed code amendments, he opposed the sections that were imposed by the Planning Commission which relates to setback standards, 5 year maximum length of variance, and standards for the non- commercial sections of the city. r Page #8 - Council Minutes - 7/3/72 Mr. Gale Harmon, 1772 Crestmont Place, Costa Mesa, representing the Associated Riding Club of Orange County, addressed Council concerning the benefits which the community's young people derive from equestrian activities. He spoke in opposition to portions of the code amendment which he believed were too restrictive. Mr. Alfred Bell, 20292 Eastwood Circle, City, representing the Huntington Lake Riders, Inc., addressed Council.and expressed his organizations concern that some of the pro- visions in the Code Amendment would not conform to the Trails Element System recently adopted by the Council, and urged that more study be given to the provisions relating to setback requirements. He stated that the organization was very much in agreement with the maintenance requirements as proposed, and spoke regarding the opportunity. the City has to diverisfy its tax base by considering commercial stables in industrial zoned property. Mrs. Robert Horner, 7681 Danube Drive, City, addressed Council concerning the communi- cation of protest she had submitted on the matter, and requested that action to approve the code amendments be deferred pending further study by the Planning Commission. Mr. Jim Shaefer, 16902 Concord Lane, City, addressed Council and spoke in opposition to several sections of the proposed code amendments, stating that he believed that they were too vaguely written. Mrs. Susan Springer, 16682 Bartlett Lane, City, addressed Council and stated that the setback provisions would cause an economic hardship on the city's commercial stables which in turn could leave horse owners without local boarding facilities. She read from two newspaper articles regarding the recreational advantages of horseback riding, for Council's information. Mr. Darrell Gill, 18501 Goldenwest Street, City, commercial stable owner, addressed Council in opposition to the 300 foot setback requirement in the code amendment. He stated that he agreed that the horse owners and stable owners must have guidelines, however, he believed the proposed code amendment too vaguely written. Mr. Bill Williams, 7021 Ernest Avenue, City, commercial stable owner, addressed Council and stated that he believed there was insufficient access to the horse trails from the local boarding stables. Mrs. Jack Teichmann, 18792 Gregory Lane, City, addressed Council and stated that she. believed there were sections of the code amendment which were too restrictive. Mr. Brian Parkinson, President of the Home Council, addressed Council in favor of the proposed ordinance as he believed it was equitable to all segments of the commmity.. Mr. Robert W. Spurrier, 6001 Softwind Drive, City, addressed Council and asked if according to Code Amendment No. 72-1, horse riders would be permitted to ride anywhere other than a trail, and was informed that it was State Law which pre-empted horse riders from riding on streets, highways or sidewalks, except as posted equine crossings. He requested that further study be given to the code amendments before adoption. Mr. Robert Potter, 18752 Beach Boulevard, City, addressed Council and spoke in oppo- sition to portions of the code amendments as he believed that they were too restrictive. Mr. Bruce Greer, 18792 Stewart Street, City, addressed Council in favor of the 300 foot setback provision contained in Code Amendment No. 71-32. Mrs. Charles Vavra, 18736 Goldenwest Street, City, addressed Council in agreement with the setback provisions contained in Code Amendment No. 71-32. Page #9 - Council Minutes - 7/3/72 Mr. Melvin Love., 8441 Gildred Circle, City, addressed Council in opposition to a. provision which required that horse back riders would not be permitted to rtde to_ or from stables except on_designated trails. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing vas closed by the Mayor. Considerable. Discussion was held by Council concerning the-proposed amendments. On motion by Green, Council approved Code Amendment Nos. 71-32, 72-1 and 72-8 - initiated by the Planning Commission, and directed the City Attorney to prepare the ordinances amending the code, by the following roll call vote: AYES: Councilmen: Green, Matney, Coen NOES: Councilmen: Bartlett, Duke ABSENT: Councilmen: Shipley, Gibbs RECESS Mayor Coen called a recess of the Council at 9:35 P.M. RECONVENE The meeting was reconvened at 10:05 P.M. by the Mayor. PUBLIC HEARING - ORDINANCE NO. 1758 (PROPOSED) - CONTINUED Mayor Coen announced that this was the day and hour set for a public hearing on proposed Ordinance No. 1758, pertaining to Business Licenses and Permits and Certif- icates of Need and Necessity - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTERS 12, 24, 25, 26, .27, 28 AND 68; ARTICLE 326 OF Cl'fAPTER 32, ARTICLE 533 OF CHAPTER 53, ARTICLE 553 OF CHAPTER .55; SECTIONS 2111.6, 2111.6.1 AND 2112.8.4; AMENDING SECTIONS 2111.5, 2111.8 AND. 2114.2.19 OF CHAPTER 21; AND ADDING THERETO NEW CHAPTERS 22 AND 25 PERTAINING TO BUSINESS LI- CENSES AND PERMITS, AND CERTIFICATES OF NEED AND NECESSITY." The Assistant City Clerk informed Council that all legal requirements for puWca- tion and posting had been met, and that she had received no co mications or written protests to proposed Ordinance No. 1758. Mayor Coen declared the hearing open. On motion by Green, Council continued the public hearing on proposed Ordinance. No. 1758 to the meeting of July 17, 1972, by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs RESOLUTIONS At the request of Councilman Duke, Resolution No. 3525 pertaining to Assembly Bill 1837 was held out for separate discussion. Affidavit 1®c t® n State of California — County of Orange ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and A publisher of the Huntington Beach � News, a weekly newspaper of general circulation printed and pub- G, / fished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide �Z subscription list of paying subscribers, and said paper has been °, / c'S r established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not ,. a'.• devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. The Huntington Beach New was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court Published Huntington Reach News June] of Orange County, California August 27th, 1937 by order No. A-5931. 22, 1972. j NOTICE OF PUBLIC HEARING I That the CODE AMENDItIENT CODE AMENDMENT 72.1 NOTICE.IS HEREBY GIVEN that a pub-i lic hearing will be held by the. City, Council of the City of Huntington Beach,. in the Council Chamber of the Civic of which the annexed is a printed copy, was published in said news- venter, Huntington Beach, at the hour of' 7:00 P.M., or as soon thereafter asi possible on Monday the 3rd day;of paper at least One issue July, 1972,. for the purpose of consider- ing a proposed code amendment initiated by the City Planning Commission, to commencin from the 22nd June establish equine standards for non-com- g — day Of _ mercial hose facilities and .require sub-, mittal.of an Administrative Review Appli-' 19 ry,� cation before the Board of Zoning Adjust-� and ending on the 22nd day of June ments for such use. All interested persons are invited to attend said hearing and express their 19 ? both days inclusive, and as often during said period and opinions for or against said Code Amend times of publication as said Amend- ment. p paper was regularly issued, and in the Further information may be obtained regular and entire issue of said pewspaper proper, and not in a from the Office of the City U.M. supplement, and said notice was published therein on the following GATED;CITY- 2 f CITY OF HUNTINGTON BEACH i dates, to-wit: By; Paul C. Jones City Clerk _ �I June 22, 1972 -- - _ A blisher Subscribed and sworn to before me this 23 rd day of June 19�. Notary Public Orange County, California y THOMAS D. WYLLIE > ` y Notary Public-California " Orange County .� °tee My Commission. Expires `' ■opN`` Sepfember 12, 1974 .y ®f Huntington Beach County ®f ®ra nge , State ®f Calif®rnib Jffidavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News a Filed Clerk By Deputy Clerk 0- d �-- HuflUnz2an Beach N anMns COMMSSW P.O. BOX 990 CALIFORNIA 92648 June 19, 1972 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission RE: Code Amendment No. 72-1 ATTN: David D. Rowlands , City Administrator Paul Jones , City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No. 72-1. Said amendment was initiated by the Planning Commission to establish equine standards for non-commercial horse facilities and to require submittal of an Administrative Review application before the Board of Zoning Adjustments. The Planning Commission, at its June 6, 1972 meeting, unanimously approved Code Amendment No. 72-1 and recommends approval by your Honorable Body. The State Planning Act requires that a public hearing be held after which the Code Amendment may be adopted by ordinance. Respectfully submitted, K.A. Reynolds Secretary Encl: Code Amendment No. 72-1 KAR:vm Publish 6/22/72 PUBLIC-HEARING SEA' r f - Postcards f FOR-------T,72...---- ------- ----�w_�..... .......... -"'---"-..............Z l NOTICE OF PUBLIC HEARING CODE AMENDMENT 72-1 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, - in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:OQ P or as soon thereafter as possible, on Monday the day of J , 19 72 , for the purpose of considering a proposed code amendment initiated by the City Planning Commission, . to establish equine standards for noncommercial horse facilities and require submittal of an Administrative Review Application before the Board of Zoning Adjustments for such use. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment - , Further information may be obtained from the Office of the City Clerk. DATED: 6/19/72 CITY OF- HUNTINGTON BEACH By: Paul C . Jones City Clerk City Clerk City of Huntington Beach The Huntington each Planning Commission, at their regular/adjmraed meeting held �j % , recommended �/1 o of / . 1 fy If approval has been recommended, the City Council will be required to hold a public hearing on this matter. Although there is a 10 day appeal period, we suggest that the matter be set for the earliest possible City Council meeting, because the purpose of any appeal is to have a hearing before the City Council and this is already being accomplished. We further suggest that you not accept any appeal, as it will serve no purpose. If approval has been recommended other than as requested, the City Council will be required to hold a public hearing on this matter. However, there is a possibility that the Planning Commission's decision will be appealed; therefore, we suggest that publication be held off until the 10 day appeal period has expired. If denial has been recommended, the City Council may summarily deny the request. However, we suggest that the matter not be scheduled on the City Council agenda until the 10 day appeal period has expired. A copy of the Planning Department legal notice, and=a rs-Hof=awnesf px,oger-t thdm-340_f_ee_t_of_the sub-j,ecA—area will be submitted upon your request. The applicant in this matter is �G o (Address) c'__� (Telephone) Kenneth R. Reynolds, Planning Director By /�� Q r y Number of E-:c e rp i s Nona Publish Once LEGAL NOTICE -NOTICE OF PUBLIC HEARING CODS AMENDMENT NO 72m1 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Planning Commission of the City of Huntington Beach for the purpose of considering a proposed code amendment to establish 'aquine standards for non-commercial horse facilities and require submittal of an Adm:Lhi.strative Review Application befoas the Board of Zoning Adjustments for such use® i v d o • jj ;paid hearing will be held at the hour of 7°00 PeMo , ,n June 69 1972 , in the Counci]- Chamber of the Civic Center, ..untington Peach, California, cn';;� 5th Street between Main Street =jad Orange yvenueo a All int�-:rested persons ar ,,1:inv-iced to attend said hearing and express their opinion-, for or against the proposed Code Amendment Further information may b,� obtained from the City P13nning Department. Tt,1 ,­,1'iOriN No 536-5271 DATED t }ii: 25th jny f' May, 1972 CITY PLANNING COMMISSION C k { By K.A. Reynolds 1 secretary WHITE-CITY ATTORNEY °A, fe CITY OF HUNTIIV"t'ON BEACH No. BLUE-CITY CLERK GREEN-CITY ADMINISTRATOR REQUEST for ORDINANCE or RESOLUTION A C 'HARY-DEPARTMENTAL N 'T-".mx,eE.cH Date Request made by Department June 19, 1972 K.A. Reynolds Planning INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: Code Amendment No 72-1 (Attached herewith) 1. Letter of transmittal 2. Copy of Code Amendment Desired effective date Signed: Approved as to availability of funds July 3, 1972 Director of Finance City Attorney—Please prepare and submit printed copies to this office by: City Administrator r :: THIRD DRAFT - STAFF REVIEW Proposed Code Amendment No. 72-1 June 8 , 1972 May be generally referred to as : "EQUINE STANDARDS-NON-COMMERCIAL" That the following changes are proposed to the Huntington Beach Ordinance Code: The intent being to add Article 963' Equine ' Standards-Non-Commercial to the Huntington Beach Ordinance Code. Said Article provides for the keeping of equines in non-commercial equine facilities 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 sub- jected to suffering, cruelty, or abuse. Said changes shall read ' 1as follows: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( REPEALED: . . . . . . . • (none) i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RENUMBERED: (none) .AMENDED (none) e e • s e s e e e • • e e e • e • • • • • e • • e • • • • o • • • e o • e s e a • e • e e e e e • • • e e • e e • e e e • • • • . . ADDED: f ARTICLE 963 EQUINE STANDARDS-NON-COMMERCIAL I' (Special Non-Commercial Developments) �S . 9630 Intent and Purpose: The intent of this Article is { i to establish standards for the keeping of equines on of (non-commercial basis and in a manner which will not endanger the 1health, peace, and safety of the community and which will assure that equines are kept in a clean and sanitary condition and not i subjected to suffering, cruelty, or abuse. It is further the intention of this Article to provide for the regular inspection �of non-commercial equine facilities to assure that good stable 'management is a continuing practice. Such inspection is for the i (purpose of minimizing fly production, reducing natural fly attractants, and to prevent the breeding of flies . 3 rd; 12-1; b-6- /G S. 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 provisions delineated in this Article. Equines maintained 1 3 .- under this Article are intended for private , non-commercial use. IEquines are not permitted on vacant land as it is the intention that the care of equines be on a continuing basis . j S. 9632 Uses Prohibited: Commercial operations of any nature are prohibited under this Article. S. 9633 Yard Requirements : The yard requirements shall pertain to all structures that relate to. equines � 7 including but not limited to stalls , corrals , arenas ; and fly- tight manure bins . Exception: 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. i 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 amendments thereto , or any precise plan of a street or alley f; alignment; whichever may be greater. S. 9633. 1 Front: The front yard setback shall be a minimum ofi fifty (50) feet. �S. 9633. 2 Interior Side: The interior side yard setback shall be a minimum of twenty-five (25) feet. Except : The interior side yard setback shall be a minimum of fifty (50) feet i for one equine and one hundred (100) feet for two or more equines --d; 72-1 ; 6-8-72 from any property line that is coterminous with property that is residentially zoned, residentially used, or master planned for residential use. S. 9633.3 Exterior Side: The exterior side yard setback shall be a minimum of fifty (50) feet. S. 9633.4 Rear: The rear yard setback shall be a minimum of twenty-five (25) feet. Except: The rear yard I I I 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 �I ithat is coterminous with property that is residentially zoned, residentially used or master planned for residential use.. S. 9634 Development Standards : The development standards lestablish minimum and maximum requirements for general and specific; standards for maintaining equines as follows : S.9634. 1 General Standards : Minimum building site: 10,000 square feet for two ( 2) or fewer equines . Fo4; , each additional equine over two (2) there shall be an additional 10,000 square feet provided. S . 9634. 2 Specific Standards : f i 1 . 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 i following requirements : A 3rd; 72-1 ; 6-8-72 a. The minimum size corral shall be two hundred eighty-eight square feet with a minimum I I I dimension of twelve (12) feet and shall have '' a five (5) foot high fence. I � b. Each corral shall be provided with a combin- i ation manger and feeder and a permanently installed water system with automatic drink- '; ing controls . The watering cup or drinking device shall , at all times , be under a shaded area. c. Each equine shall be provided with a minimum . I of ninety-six (96) square feet of shelter covering with a minimum dimension of eight i (8) feet. Shelters shall be sloped away i from corrals or rain-gutters , which lead to the outside of the corral , shall be installedil, d. Corral floors shall be graded to slope away from the center of the corral . 2 . In all enclosures where equines are maintained, i the land surface of such enclosures shall be graded above the remaining land surface so as to provide adequate drainage. l � . 3 . Stallions shall be maintained in a manner that will protect people and other animals . i I I 3rd; 72-1 ; 6-8-72 4 . Density of Equines : The maximum number of equines permitted on any one site shall be four (4) equines ; except that more than four (4) equines may be kept on a site where such equinel i are owned by the person residing on such site. j 5 . Access : All public rights-of-way shall be l fenced and limited ingress and egress for vehicl;-es"_F and horses shall be provided. 6 . 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 I breaker should be at least twelve ( 12) inches above the highest point of water usage or an a approved double-check valve may be acceptable . S. 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. 'S. 9635. 1 Fly and Insect Control : Fly and insect control shal,4 be diligently pr,9cticed and ;l'­:ect to ,.Iri ' cle 312 . I A. Disposal of stable wastes shall follow one or more of these 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 3rd 9 .• 72-16-8-72 � for destruction. f 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.) 4 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 sources I since damp spilled feed attracts flies and makes a good breeding site for flies. j ,S. 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 i infestation. The following guidelines and criteria shall be considered in -reviewing plans and in operation: IA. 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 minimum clearance of eighteen (18) inches above the ground. I �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 of six (6) inches above the ground. r IS. 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 effective reduction of these fly-production sources , the following ,guidelines are Provided: A. A non-leak valve for all troughs , bowls , cups and other water i sources shall be provided. B . . Automatic valves , or sanitary drains if water-flow is con- tinuous , 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 rain water i or water-trough overflow does not form ponds . D. Frequently remove stall bedding from underneath water cups. IS. 9635.4 Stable Sanitation: Good sanitary methods around barns , stalls , paddocks , arenas , tack sheds , and the owner' s quarters are as important as manure management. A j general cleanup program should accompany the manure management system. Weed control near corrals , water troughs , and surrounding areas. around paddocks helps the sure 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. S. 9635. 5 Dust Control : Continued dust control of the entire premises shall be maintained and subject to i applicable provisions of Article 949 and Article 313. S. 9635.6 Stable Management: The management °of equine facilities shall meet the requirements of the Orange 11 County Health Department to keep environmental problems at a minimum. f !S. 9636 Enforcement: The Orange County Health Officer in concert with Articles 312 , 313, and 902 are herein I vested with the duty and authority to regularly inspect all 'non-commercial 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 j l � Saf'ety. Certificate of Occupancy shall be subject to the approval of, the Orange County Health Officer- . i i � e