RESOLUTION NO. PC-2023-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FULLERTON, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL AMEND SPECIFIED SECTIONS OF TITLE 11 (CHAPTERS
11.01 AND 11.36) AND TITLE 15 (CHAPTERS 15.04 AND 15.17) OF THE
FULLERTON MUNICIPAL CODE PERTAINING TO ANIMAL KEEPING
LRP-2021-0011
CITY OF FULLERTON
RECITALS
WHEREAS, animal keeping is the ownership, caretaking, temporary fostering, use, or maintenance of live animals; and
WHEREAS, animal keeping and maintenance is regulated by the State of California and the United States Department of Agriculture; and WHEREAS, the City of Fullerton has adopted by reference the following sections of the following sections of the Codified Ordinances of the County of Orange: Division 1 of Title 4, Article 1 of Division 1 of Title 5, Sections 5-1-29 and 5-1-30 of Article 2 of Division 1 of Title 5, Article 3 of Division 1 of Title 5, and Article 17 of Division 3 of Title 5; and
WHEREAS, the City of Fullerton has the authority to set additional restrictions on animal keeping and land use; and
WHEREAS, the Code Enforcement Officer of the City of Fullerton cited enforcement challenges related to ambiguity in the existing animal code, including no limit on several types of animals, nonspecific standards for sanitary conditions, no operation standards, unclear language around pen location, some types of animals not addressed in the code, lack of definitions and regulations around ownership and fostering of animals; and
WHEREAS, a Resolution of Intention was approved by the Planning Commission on June 24, 2020, directing Staff to consider amendments to Title 15 of the Fullerton Municipal Code pursuant to Chapter 15.72.020.C; and
WHEREAS, the recommended zoning ordinance amendments will move the requirements for livestock fencing from the animal code to the zoning code, specify two new categories of domestic animals, establish number limits and distance requirements, and establish maintenance standards; and
WHEREAS, the recommended zoning ordinance amendments will not affect existing rules for keeping of dogs, cats, and horses in the City of Fullerton; and Res. No. PC-2023-13
WHEREAS, the proposed amendments are Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
RESOLUTION
NOW, THEREFORE, BE IT FOUND DETERMINED AND RESOLVED by the Planning Commission of the City of Fullerton, as follows:
1. In all respects as set forth in the Recitals of the Resolution.
2. The Planning Commission finds as follows:
Finding: That the proposed Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance and General Plan.
Fact: The amendment is authorized by FMC Chapter 15.72. The Planning Commission adopted a Resolution of Intention on June 24, 2020, to amend the Municipal Code pertaining to animal keeping.
Fact: The amendment supports the following Fullerton Plan policy:
Policy 13.9 Nuisance enforcement - support policies, programs, and regulations that maintain or strengthen code enforcement as an important tool to uphold community health, safety, and welfare consistent with the provisions of the Fullerton Municipal Code.
Fact: The amendment supports the following Fullerton Plan policy:
Policy 14.4.2 Contagion and pest abatement - Support policies, projects, programs, and regulations that allow the city to address any epidemics or vector- borne diseases that arise in the future through emergency closures of public areas, vegetation removal, storm drain clearance, and other such action.
Finding: That the proposed Zoning Ordinance promotes the public health, safety and welfare of the community.
Fact: The proposed amendments do not change or conflict with the California Penal Code sections 398 through 598.1, which establish statewide standards for the safe and ethical keeping of animals in California.
Fact: The proposed amendments do not change or conflict with the United States Animal Welfare Act, which establishes national standards for the safe, healthy, and ethical keeping of animals.
Res. No. PC-2023-13
THEREFORE, the Planning Commission of the City of Fullerton does hereby recommend APPROVAL of said modifications to Fullerton Municipal Code Chapters 11.01, 11.36,
15.04, and 15.17 as follows:
[New text in Bold, removed text in strikethrough]
Title 11: Animal Control, Welfare, and License Requirements
11.36.010 Keeping of livestock near dwelling.
• No person shall keep, stable or stake any equine, bovine, swine, sheep, or goat, within fifty feet of any dwellings or building (other than that of the owner) used principally for human habitation, within the city, or in any manner not permitted by the Fullerten Zoning Ordinance (Title 15 of this Code).
fOrd. 1513 § 2 (part), 1967).
11.36.020 Livestock fences.
• Every owner, keeper, custodian or harberer of livestock and outdoor domestic animals, except cats and well-trained dogs, shall erect and/or maintain a fence as herein described te contain and confine all livestock animals kept or maintained on his premises. • Such fence shall be sufficiently good, streng and substantial as to prevent the ingress and egress of livestock and domestic animals. No wire fence is a good and substantial fence within the meaning of this section unless it has three tightly stretched barbed wires securely fastened to posts of reasonable strengths, firmly set into the ground no more than one rod apart, one of which wires should be at least four feet above the surface-of the ground. Any kind of wire or other fence of height, strength and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this section. Cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock are also a good and substantial fence. (Ord. 1513 § 2 (part), 1967).
11.36.030 Sanitary condition. Maintenance and operation standards for animal keeping • Enclosures. All animals, except for cats, shall be confined at all times within a suitable enclosure (e.g., fenced backyards, pens, coops, cages, corrals, etc.). No animals, except cats, shall be permitted to run at large. • Sanitary condition. All places where animals are maintained shall be maintained free from litter, garbage, and the accumulation of droppings to discourage flies and other disease vectors. Droppings shall not be allowed to accumulate within setback areas. Each site shall be continually maintained in a neat and sanitary manner. kept in a sanitary condition and shall be cleaned as often as necessary to prevent the breeding of flies and All places where animals are maintained shall comply with all the rules and regulations of the Health Department or the Orange County Mosquito Abatement District that may be approved by the Fullerton City Council by resolution. (Ord. 2060 (part), 1975: Ord. 1624, 1969).
Res. No. PC-2023-13
• Humane treatment and well-being. All animals must be provided with food and water daily, and must be treated in accordance with all city, State, and Federal animal welfare laws.
Noise Control. Animal-keeping shall comply with Chapter 15.90 (Noise Standards and Regulations).
Title 15: Zoning
Chapter 15.04: Interpretation and Definitions
15.04.040. Definitions.
• ANIMAL, TRADITIONAL DOMESTIC means a small animal of the type generally accepted as a pet, including dogs, cats, rabbits, pot-bellied pigs, miniature horses, birds, fish, and reptiles. dogs, cats, hamsters, guinea pigs, white rats and/or mice, nonpoisonous snakes not exceeding six feet in length, turtles, nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, rabbits, fish, and birds.
• ANIMAL, NONTRADITIONAL DOMESTIC means poultry, miniature pigs, pygmy goats, and miniature horses.
• LIVESTOCK means bovine, swine (except miniature pigs), equine (except miniature horses) animals and goats (except pygmy goats), sheep, and llamas. • ANIMAL, EXOTIC means any animal not explicitly permitted in this code. • ANIMAL KEEPING means the care and maintenance of one or more animals for any length of time, including on a residential property.
• ANIMAL FOSTERING means the temporary keeping of one or more animals, with a signed agreement with an accredited animal shelter or sanctuary.
15.17.020.A Permitted uses
Refere R-1/ R-2/ R-G R-3R R-3/ R-4 R-5 R-MH
nce R-1P R-2P R-3P
Traditional Domestic J X X X X X X
Animals
Non-traditional
domestic animals
Livestock and Other KL X *
Animals
Exotic Animals M NP NP NP NP NP NP NP NP
Kennet, * X X X X X X
noncommercial
Animal fostering
15.17.030. Conditions of permitted uses.
J. Traditional D domestic animals:
1. For the purposes of this section, traditional domestic animals shall include those animals that have been traditionally regarded as domesticated or tame house pets and shall be limited to the following:
Res. No. PC-2023-13
a. Dogs and cats:
I. Lots of 20,000 square feet or less (excluding duplexes, apartments, condominiums or mobile homes): Any combination of dogs and cats totaling four animals, plus their offspring less than four months old, per lot of 20,000 square feet or less (excluding duplexes, apartments, condominiums or mobile homes).
The keeping of four dogs requires a property having an R-1 or R-1P zone and a noncommercial kennel license obtained from Orange County Animal Control.
II. Lots over 20,000 square feet (excluding duplexes, apartments, condominiums or mobile homes): Any combination of dogs and cats totaling five animals, plus their offspring less than four months old, per lot over 20,000 square feet (excluding duplexes, apartments, condominiums or mobile homes). The keeping of four or more dogs requires a property having an R-1 or R-1P zone and a noncommercial kennel license obtained from the Orange County Animal Control. Permission to keep additional dogs and cats in excess of the limitations in this provision will require the approval of a Conditional Use Permit.
Ill. Duplexes, apartments, condominiums or mobile homes: Two adult dogs or cats, or one of each, plus their offspring less than four months per each duplex unit, apartment unit, condominium, or mobile home.
b. Small household pets:
I. Small household pets means hamsters, guinea pigs, white rats and/or mice, nonpoisonous snakes not exceeding six feet in length, turtles, nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, rabbits, fish, and birds, except as otherwise provided by law.
II. Number. Up to four (4) small household pets, not including fish, may be kept in one dwelling unit in any combination. Additional small household pets may be obtained at the discretion of the planning department with a conditional use permit.
2. This section shall not take precedence over more restrictive regulations regarding the keeping of animals imposed by any property owner, property manager or homeowners association.
K. Non-traditional domestic animals.
1. Poultry.
a. Roosters and peacocks shall not be permitted in any residential zone. b. Lots of less than 7,000 square feet: Poultry is not permitted. c. Lots of 7,000 square feet or more (excluding duplexes, apartments, condominiums or mobile homes): Four (4) animals may be kept on a lot containing not less than eighty (80) square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional one hundred (100) square feet of space; however, no more than four (4) animals may be allowed without approval of a Conditional Use Permit.
d. Duplexes, apartments, condominiums or mobile homes: Poultry is not permitted.
e. Distance. Between 10:00 pm and 7:00 am, poultry must be kept or caged more than 30 ft from all habitable dwellings, except the one occupied by the animal's keeper.
2. Miniature pigs, pygmy goats, and miniature horses.
Res. No. PC-2023-13
a. Lots of 20,000 square feet or less: Miniature pigs, pygmy goats, and miniature horses are not permitted.
b. Lots of 20,000 square feet or more (excluding duplexes, apartments, condominiums or mobile homes):
i. Pygmy goats and miniature horses: Two animals may be kept on a lot containing not less than 20,000 square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional 15,000 square feet of space; however, no more than three (3) animals may be allowed without an approval of a Conditional Use Permit.
ii. Miniature pigs: One animal may be kept on a property containing not less than 300 square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional 300 square feet of outdoor exercise space; however, no more than three (3) animals may be allowed without an approval of a Conditional Use Permit.
C. Duplexes, apartments, condominiums or mobile homes: Poultry is not permitted.
d. Distance. Between 10:00 pm and 7:00 am, miniature pigs, pygmy goats, and miniature horses Small livestock. Livestock such as poultry, rabbits, pot bellied pigs-may shall be penned or stabled at least 30 ft from all habitable dwellings, except the one occupied by the animal's keeper.
e. Medical care. Miniature pigs, pygmy goats, and miniature horses shall a yearly inspection by a certified veterinarian with experience treating animals of the same breed. Keepers of miniature pigs, pygmy goats, and miniature horses shall maintain a yearly certificate from a certified veterinarian certifying that all animals are up to date on their recommended deworming schedule and vaccinations. This yearly certificate shall also document the animal's weight and height at the time of inspection. f. Size. Each miniature pig shall weigh no more than two hundred fifty (250) pounds. Each miniature horse shall weigh no more than two hundred fifty (250) pounds. Each pygmy goat shall weigh no more than one hundred (100) pounds.
g. Compliance with other codes. Miniature pigs, pygmy goats, and miniature horses shall be kept in compliance with all requirements of Animal Care Services of the Orange County Health Care Agency.
h. Additional requirements for miniature pigs.
i. Any person owning or having custody of a miniature pig shall maintain a certificate of sterilization signed by a licensed veterinarian.
3. This section shall not take precedence over more restrictive regulations regarding the keeping of animals imposed by any property owner, property manager or homeowners association.
K. L. Livestock and other animals:
1. Livestock means bovine, swine (except miniature pigs), equine (except miniature horses) animals and goats (except pygmy goats), sheep, and llamas.
2. Livestock fences. Every owner, keeper, custodian or harborer of livestock shall erect and/or maintain a fence as herein described to contain and confine all livestock kept or maintained on his premises.
Res. No. PC-2023-13
a. Such fence shall be sufficiently good, strong and substantial as to prevent the ingress and egress of livestock. No wire fence is a good and substantial fence within the meaning of this section unless it has three tightly stretched barbed wires securely fastened to posts of reasonable strengths, firmly set into the ground no more than one rod apart, one of which wires should be at least four feet above the surface of the ground. Any kind of wire or other fence of height, strength and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this section. Cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock are also a good and substantial fence.
(Ord. 1513 § 2 (part), 1967).
3. Other livestock. Livestock such as cattle goats, sheep, and horses may be kept under the following conditions:
i. Two adult animals may be kept on property with an R-1 zone containing not less than three-fourths of an acre of net land area within the boundaries of the property.
Net land area is defined as the gross land area minus any dedications. One additional animal may be kept for each additional 15,000 square feet of land; however, no more than five adult animals may be allowed without an approval of a Conditional Use Permit. The offspring of bovine animals shall be counted as adults when they are six months old and of equine animals when they are one year old.
ii. No animal as described in subsection (b) shall be permitted to approach closer than 50 feet to a habitable dwelling on adjacent property and 30 feet to a patio, swimming pool or similar facility on adjacent property. ili. Additional equine animals in excess of the limitations in this provision, including a commercial stable, may be kept on vacant property with an R-1 zone having no less than three-fourths of an acre, subject to the approval of a Conditional Use Permit.
M. Wild, Exotic, Dangerous and Non-domestic Animals. Except as otherwise provided by law, the following exotic, wild and non domesticated animals may be kept: turtles, nonpoisonous toads and/or frogs, tortoises, lizards, salamanders, newts, chameleons, and non domestic fish (except piranhas and walking catfish). Notwithstanding the above-enumerated animals, no person shall have, keep, or maintain any animal that qualifies as an endangered species or any other exotic, wild or non domestic animal without the approval of a Conditional Use Permit and a license, if required, from the Orange County Animal Centrol. Fullerton has adopted Orange County's code on wild, exotic, dangerous, and non-domestic animals. See Orange County code title 4, section 4-1-94: Wild, Exotic, Dangerous, and Nondomestic animals, and section 4-1-95:
Declaration and possession of vicious or potentially dangerous dog. All animals prohibited by the State of California are prohibited in Fullerton.
N. Animal fostering and temporary keeping of animals. Short-term animal fostering is permitted subject to the following rules:
1. Any person fostering or temporarily keeping an animal must be able to present a valid foster agreement with an accredited local shelter or sanctuary.
2. Number of animals.
Res. No. PC-2023-13
a. Dogs and cats. Any property where more than the permitted number dogs and cats are kept, for any length of time, must obtain an animal permit from Orange County Animal Control.
b. All other animals. The number limits specified above, for all animals other than dogs and cats, also apply to fostered and temporarily kept animals.
These number limits may only be exceeded with a conditional use permit from the Fullerton Planning Department.
3. Setbacks, noise limits, zoning districts, and maintenance standards. Except for number limits on dogs and cats, all rules related to animal keeping, including setbacks, noise limits, sanitation and maintenance requirements, and animal size limits, also apply to animal fostering. For example, a property not permitted to keep pygmy goats permanently is also not permitted to foster pygmy goats.
ADOPTED BY THE FULLERTON PLANNING COMMISSION ON JULY 19, 2023.
Arif Mansuri, Chair