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PC 73-206. ~ - ~ RESOLUTION N0. PC73-206 A RESULUTION OF THE CITY PLANNING COMMiSSION OF THE CIiY OF ANAHEIM ADOPTING AND RECOMMENDlNG TO THE CITY COUNCIL OF THE CITY QF ANAHEIM THE ADOP716N OF AMENDMENTS TO TITLE 18, CHAPTER 18,18, R-E, RESIDENTl~L ESTAT~S ZONE TO THE ANAHEIM MUNICIPAL CODE TH[RETO WHEREAS, the City Council on February 20, ig73 directed the itaff to explore the possi-• bility of amendtng requirements of the R-E, RESIDENTIAL ESTATES ZONE regarding animal density and housemoving regulations in response to a letter from the secretary of the Peralta Hitls Improvement Association (P.H.I,A,) expressing c~ncerns and suggestions toward strengthc~ning two areas of regulation; and WHEREAS, the City Planning Commisston did I~oid a public hearing at the City Hall in the City of Anaheim on August 6 and September 5, 1973~ at ~:00 o'clock, P,M, notice o~~ sald p~:.~>>ic hearing having been duly given as required by law and in accordance with the provisio.ns o~ the Anaheim Municipal Code, to hear and consjder evidence for and against said proposed code amendment ar,d to investigate and make findings and recortmendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation, and study made by it.self and in its behalf, and after due consideration of all evidence and reports offered at s3ta hearing, does find and determtne the following facts: 1. That staff recommended that Code be amended to define properties as lots ra~:her tha~ permitting uses by acre. 2. That the City Attorney recommended that the relationship of the number of animals ~e equated to the use of the land rather than the number of people occupying the premises as suggested by the P.H.I.A.,therefore, staff recommended that the maximum of 4 adult equine animals and their immature offspring be permitted per lot except that on lots of two or mote acres in area, 6 adult animals and their imnature offspring be permitted. 3. That staff recommended that the maximum number of cattle, sheep, or goats be limited to two animals artd their imnature offspring per lot except that lots four or more acres in area, one addttional animal per 21,000 square feet of lot area be permitted, not to exceed ~a maximum of 10 antmals on any one lot. 4. That staff, in consEdering the boarding of animals recommends that the primary and accessory uses oe ctarified so that animal maintenance may only be permitted where it is to be in conjunction with a permitted primary use or those i:ses permitted under the General or Sign SectEons of the Code, and that since Code currently specifies that the keeping of animals is only for domestic, non-cortmercial u.t this would essentially prohibit commercial boarding of antmals. 5. That staf` further recommended adoption of a new Section 18.18,021(10)(d) "Excepttons to Regulations," to permit greater numbers df animals than that set forth previously when in conJunction with an approved animal husbandry pr6Jact sponsored by any bonafide educational arganization such as 4-H and F.F.A and to permit this increase for a period not to exceed six months, subJect to approval of an An(mal Exemption Permit; however, P.H.I.A, suggest that the time limit be extended to eight (8) months si~ce some projects require a lor.ger period. 6. That although P,I,H.A, suggested that no move-on houses be permitted 1n th> R-E 2o~e without exceptio_n,the :ity Attorney advised it would be discriminatory to prevent house move-ons in one zone wnile permitting them in other single-family residential zones. Further- more, move-ons were presently controlled under Chapter 15.32 Wherein a public hearing was re- quired by Cfie City Council wTth specific findings which the Council must determl~e were applicable to the move-on requesY. 7. That amendments to T(tle 18, Chapter 18.18, R-E, RESIDENTIAL ESTATES, ZONE as recom- mended by staff were considered favorably and should be adopted, NOW, "fHEREFORE, BE IT 0.ESOLVED that the AnaheTm City Planning Comnission does hereby adopt and recommend to the ;.ity Council the adoptian of amendments to the AnaFeim Municipal Code, Title 18, Chapter 18.18, F.-E, RESIDEN7IAL ESTATE ZONE as depicted on Exhibit "A" attaehed hereto and referred to as though set forth in full. . ~ ' ~ THE fOREG0ING RESOLUTiON is signed and approved by me this 13th day of 5eptember, 1973. ~~~ ~C^ci%•/ Al K ,~<'~=~-~G~ ~ CHAIRMAN ANAHEIM CITY PLANNING COMMIS ON A3TESi: L~.~/ `,~~ e~ SECRETARY ANAHEfM CITY PLANNIN~ COMM{SSION . STATE OF CALIfORNIA ) COUNTY OF ORANGE )ss. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that ~he fc,~c9oing resotution was passed and adopted at a meeting of tha City Planntng Ce;~mTission of the City of Anaheim, neld on September 5, 1973, at 2:00 o'clock P.M„ by the Fol?owing vote o` the members thereof: AY~S: COMMISSIONEftS: FARANO, GAUER, HERBST, KING, SEYMOUR NOES: COMMISSIONERS: NONE. ABSENT: COMMi5510NER5: ALLRED, ROWLAND, IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of September, t973. .~~~1~/ ~~~' ~~" ~ SECRETARY ANAHEIM CITY PLANNING GOMMISSION RESOLUTION N0. PC73-206 -2- ~ • . ORDINANCE N'J. ~ ~ EXfiIBZT "A" (8-G-73) 'I'_.Y ORDINANCE qF THE CITY OF ANAHEIM AMENDING TITLE 18~ CHAPTE.R 18.1f}, OF THE ANAHEIM MUNICZPAL CODE RELATING TO ZONING THE CITY CGUNCIL OP THE CITY OF ANAHEIM DOES ORDAIN AS POLLOWS: SECTION 1. That Title 18, Chapter 18.18, Section 18.18.020 of the Anaheim fiunicipal Code be amended to read as follows: "SECTION 18.18.G20 PERMITTED PRZMARY STRUCTUI2ES AND USES. "(1) One single-family detached dwelling of pernanent character and location." SECTION 2. That Title 18, Chapter 18.18, Section 18.18.021 of the Anaheim ~funicipal Code be added as follows: "SECTION 18.18.021 PERMITTED ACCESSORY STRUCTURES AND LAND USES. The following accessory structures and land uses may be erected a»d/or conducted only where r.iearly incidental to a permitted primary use except as otherwiae permitted herein: (1) Accessory livinq quarters. The following living quarters, with or without kituhen facilities in any detached buildings, are permitted provided Quch quarters are used only by persons employed on the premises or by temporary guesta of the occupants of the premises and are not used for commercial purposes: (a) Servanta' quartera, either as part of the main building ar in a detached dwelling. (b) Agricultural workers' quarters may be permitted only on farms or ranches of not less than ten (10) acres in area, (2) Private garages. (j) Recreation buildings an~l structures including, but not limited to, swimminy pools, cabanas, dressing rooms and private non-commercial worksho~s. . ~ - 2 - ~ ~ (4) Agricultural crops. The growing and incidental sales of field crops, trees, vegetables, fruits, berries and nursery stock produced on the premises, provi~ed, however, that this section shall not be deemed to prohibit said use on any lot where a dwelling is not employed thereon. (5) Inci.,dental storage of petroleum produc:ts Ear use on the premises but not for resale. f6) Trees, shrubs, flowers, plants and other natural planting materials, provided, however, that this section shall not be deemed to prohibit said use an any lot where a dwellinq is not employed thereoa. (7) Fences, walls and hedges in compliance with lieight and location provisions of Section 18.04.090, provided, however, that this section shall not be deemed to nrohibit said use on ar.y lot where a dwellinq is not employea thereon. (8) Signs in compliance with the provisons of Section 18.62.050 through Section 18.62.076, provided, however, that this aection shall not be deemed to prohibi* said use on any lot wherc a dwelling is not employed thereon. (9) Temporazy ~tructurea and uses in compliance with the provisiona of Section 12.04.020(4) and (5), provided, however, that this aection shall not be deemed to prohibit said use on any lot where a dwe113ng is not employed thereon. (10) Animal maintenance. The keeping of animals for domestic, nop-commercial u3e subject to tlie main- tenance of any such antmals in compliance with health and sanitation requlations under Chapter 8.20, Wild Animals, and Chapter fi.60, Flies, of the Anaheim Municipal Code and the following limitat•iona: (a) Confinement of Animals. 1. Animals shall be tethered ar maintained in cooFs, pens, corrals, stabl.es, or by some ~ - 3 - ~ other ~reans of confi.r.e`!~'ent sat~.sfac~ory to the Huilding Division of the Developn~ent Services Department. r 2. No equine, bovine, sheep, swine, goat or bird shall be kept, stabled, tethered, corralled or confined in any manner within fifty (50) feet of eny struct~:re used for hum~n habitation other than the.t of the owner, or within twenty (20) feet of any property line. biaximum Number of Permitted Animals. 1. Poultry, birds, rabbits, and rodents shall not exceed twenty-four (24) aninals per lot eXCepting thai: roosters and peacocks capable of emitting sound shall not be permitted. 2. Equine animals shall not exceed a maximum of four (4) adult animals and their immal•ure offspring less than eight (8) months in age per lot, provided that on lots two (2) acres or n~ore in area, a total of six (6) adult animals and their immatuse offspring may be permittec~. 3. Bovine animals, sheep, goats and swine shall not exceed two (2) such animals and their immature offspring less than eiqht (8) months in age in any combination thereof per lot, pro- vided *_hat on lots four ~a), acres or more in area, one (1) additional animal may be permitted for each 21,000 square feet of. lot area in ex- cess of four ~4) acres, provided the total number sY,all not exceed a maximun of ten (10) animals on any 1ot. 9. Domestic dogs and house cats shall not exceed three (3) animals of either type over the age of. Eour (4) months per lot. Non-commercial kennels with any greater number of said animals (b) (c) (d) _q_ ~ ~• ~ may be permitted subject.to the approval of the, Development Services Department and the Orange County Poundmaster. 5. Bee keeping. Bee swarms and/or hives shall ~ be_subject to' approval of a conditional use permit (Ord. 3'152) . ~ Prohibition on Animal Maintenance. This s,ection shall not prohibit the keeping of'animal~ which are gentle as found in nature such as small turtles, non-dangerous birds, small nonpoisonous snakes, non-harmful fish, or sma3.1 monkeys, but shall prohibit animals not specifically menti~ned in this chapter and the keeping of wild animals excepting those permitted in conjunction with an . approved zoo, museum, circus exhibi~ or show, under treatment in licensed veterinary hospitals or maintaine.~ by bona fide educational institu-. tions for.the purpose of inst•ruction, provided the maintenance oP any such animals i5 in com- pliance with Chapter 8.20 and Chapter 6.60 of the Anaheim Municipal Code. Greater numbers of animals permitted herein may be maintained on any 1ot for a period not to exceed eight (8) months, when in conjunction with an approved animal husbandry project sponsored by any bonafide edunational organization including but not limited to: 4-Ii (Head, F:ands, Heart, and Health) or F.F.A (Future Farmers of America) clubs, sub'ject to approval of an "Animal Exemption Permit". issued by the Development Services Department in compliance with the following provisions: . 1) Verification of participation in an animaL husbandry project by the sponsoring organiza- tion includinq the inclusive dates for said projects, reasons therefor; type and number of animals requested, and such other informa- tion as deemed relevant to city approvals. C ~ , -s.- ~ 2) A letter of intent listing all existing and "' proposed typ'es and numbers of animals to be ' maintained on the premises and the anticipated date of •removal of any animals exceeding'the maximunt limitations sreciEied herein from the premises; and 3) Compliance riith all other animal maintenance regulaxions specified herein. SECTION 3. ~ That Title 18, Chapter 18.18, Section 18.18.030, Subsection (Z)(c) o£ the Ananeim Municipal Code be amended to read'as follows: "SECTION. 18.18.030(2)(c) FROidT-ON LOTS. Where a residential structure fronts on an• arteria,l street as desi'gnated on the General Plan, a wa11 or fence not to exceed eight (8) feet in height and/or screen type planting with no height limitation shall be permitted within the front setback ta the rear of the utlimate right-of-way as a means of retaining a residential environment." • ' SECTION 4. • , The City Clerk shall certif3~ to the passage of this ordinance and shall cause the same to be pzinted once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, publ.ished and circulated in said City, and thirty (30) days fr~m and after its final.,passage shall take.effect and be in full force. THE FOREGOING ORDINANCE I5 approved and signed by me this day of , 1973. . MAYOR OF THE CITY OF ANAFiEIM ATTEST: CITY CLERK OF THE CITY OP ANAHEIM