CITY OF FULLERTON
_________________________________________________________________________________________________________________________________________________________ Community and Economic Development Department
Item No. 2
July 19, 2023
6:30 p.m.
Public Hearing
TO: Chair Mansuri and
Members of the Planning Commission
APPLICATION
LRP-2021-0011, LRP-2021-0012, ZON-2023-0034
APPLICANT
City of Fullerton
LOCATION
Citywide
SUMMARY AND APPLICATION REQUESTED
The City of Fullerton is proposing to amend various sections of Title 15 (Zonin g Ordinance) of the Fullerton Municipal Code to provide clarity for administration, revise the approval process for minor reviews, remove outdated references, and bring the Code into compliance with State law.
This item was originally publicly noticed and scheduled for the June 21, 2023, Planning Commission meeting however, was continued to the July 19, 2023, meeting. The original Staff Report and Draft Resolutions are attached for consideration.
RECOMMENDED ACTION
Pursuant to the findings and facts, including General Plan consistency, outlined therein, the Planning Commission finds that the project is Categorically Exempt from CEQA, and adopts Planning Commission Resolution No. PC-2023-13, entitled:
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
CITY OF FULLERTON
_________________________________________________________________________________________________________________________________________________________ Community and Economic Development Department
Item No. 2
June 21, 2023
6:30 p.m.
Public Hearing
TO: Chair Mansuri and
Members of the Planning Commission
APPLICATION
LRP-2021-0011, LRP-2021-0012, ZON-2023-0034
APPLICANT
City of Fullerton
LOCATION
Citywide
SUMMARY AND APPLICATION REQUESTED
The City of Fullerton is proposing to amend various sections of Title 15 (Zonin g Ordinance) of the Fullerton Municipal Code to provide clarity for administration, revise the approval process for minor reviews, remove outdated references, and bring the Code into compliance with State law.
CEQA DETERMINATION
In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15061(b)(3).
AUTHORIZATION/GUIDELINES
Fullerton Municipal Code (FMC) Section 15.72.020 authorizes the Planning Commission to review and make a recommendation to the City Council on the Zoning Amendment following the adoption of a Resolution of Intention by the Plannin g Commission . The Planning Commission adopted Resolutions of Intention No. PC-2021-19 and PC-2021- 20 on July 21, 2021 (see Attachment 1).
PUBLIC OUTREACH
Planning Commission Staff Report
June 21, 2023
Item No. 2 Page 2 ZON-2023-0034
A notice was published in the Fullerton News Tribune on June 8 , 2023. The notice was also posted on the City's website and at the Maintenance Services Department, Main Library, Museum Center, and City Hall on the Public Notice Boards.
PROJECT DESCRIPTION / ANALYSIS
Project Description
Staff is requesting amendments to the following Chapters of Title 11 (Animal Control, Welfare and License Requirements) and Title 15 (Zoning Ordinance) of the Fullerton Municipal Code (FMC):
11.36 (Keeping of Livestock)
15.04 (Interpretations and Definitions)
15.17 (Residential Zone Classifications)
Background
On July 21, 2021, the Planning Commission approved a Resolution of Intention to amend various sections of Title 11 (Animal Control, Welfare and License Requirements) and Title 15 (Zoning Ordinance) in order to make the code less confusing to administer, to address on-going issues, and to make the code compliant with current State law. The last major revision to the code was in 2001. In the subheadings below is a brief description of the section of the code proposed for amendment with an analysis for the proposed modifications. The full text of the proposed Code Amendments is provided in Attachments 2 and 3.
Chapter 11.36 (Keeping of Livestock)
Trends and practices of keeping pets at residences have changed over the recent years and City codes haven’t necessarily been updated to reflect those changes. In particular, the practice of keeping pot-belly pigs as pets in residential zones has created challenges whereby the City Council and City Staff have received multiple complaints over the past several months related to odors, flies, and other related concerns. The code, as currently written, allows for residents in the smaller single family zoned parcels to keep and maintain these animals. The proposed amendments address this particular concern as well as deferring other related animal issues to State codified legislation.
Chapter 15.04.040 (Interpretations and Definitions)
FMC Chapter 15.04 provides definitions of “School, Private” and “School, Public.” The draft amendment looks at current best practices with respect to better defining these land uses to avoid ambiguities caused by potentially outdated definitions.
GENERAL PLAN CONSISTENCY
The proposed amendments are consistent with the provisions of the Fullerton Plan.
CITY OF FULLERTON
PLANNING COMMISSION/ LANDMARKS COMMISSION
REGULAR MEETING MINUTES
JULY 21, 2021, 0: 30 P. M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
Planning Commission conducted this meeting in accordance with Califomia Governor Newsom' s Executive Orders N- 20- 20 and N- 35- 20 and COVID- 19 pandemic protocols. 6:30 p.m. CALL TO ORDER
Vice Chair Cox called the meeting to order at 6:30 p.m. and introduced new Commissioner Dino.
PLEDGE OF ALLEGIANCE led by Commissioner Carvalho.
Hansburg absent ROLL CALL
Present: Vice Chair Cox, Commissioners Carvalho, Dino,
Thompson
Absent: Chair Hansburg
Staff Present: Acting Director of Community and Economic Development Kellee Fritzal, Planning Manager
Heather Allen, Senior Planner Maribeth Tinio ( via
Zoom), Principal Civil Engineer Derek Wieske, Deputy
City Attorney Scott Porter, Administrative Assistant
Janet Ragland
PUBLIC COMMENTS
None.
CONSENT CALENDAR
It was moved by Commissioner Carvalho, seconded by Commissioner Thompson, to approve the consent calendar.
Motion carried 3-0-2 ( Commissioner Dino abstained, Chair Hansburg absent).
Approved 1. MINUTES — JUNE 23, 2021
RECOMMENDED ACTION: Approve the June 23, 2021
Planning Commission Meeting Minutes.
Fullerton Planning Commission/ Landmarks Commission Minutes July 21, 2021, Page 1
COMMUNICATION DISCLOSURE
None.
PUBLIC HEARINGS
Resolution No. 2. PRJ2019- 00174: ZON- 2019- 0139. APPLICANT AND Amended PC - 2021- PROPERTY OWNER: SUMITA NAIR.
18 adopted
This item was continued from the June 23, 2021 Planning Commission meeting.
Planning Manager Allen provided a staff report and presentation on a request to modify condition of approval number 13
regarding pavement improvements contained in Resolution No.
PC -2020- 52 for a Major Site Plan to construct a single-family residence on property located at 2031 Skyline Drive.
Vice Chair Cox opened the public hearing at 6:36 p.m.
There were no public comments on this item and the public hearing was closed.
After Staff and Commissioner discussion, condition of approval number 13 was further amended to clarify that the amount for pavement restoration is a payment rather than a fee.
It was moved by Commissioner Thompson, seconded by
Commissioner Dino, to adopt Resolution No. PC - 2021- 18, entitled:
RESOLUTION NO. PC - 2021- 18 ( AS AMENDED) — A
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF FULLERTON, CALIFORNIA, MODIFYING
CONDITION OF APPROVAL 13 OF MAJOR SITE PLAN
RESOLUTION PC - 2020- 52
Motion carried 4-0-1 (Chair Hansburg absent).
REGULAR BUSINESS
Resolution Nos. PC 3. LRP - 2021- 0012 AND LRP - 2021- 0013 RESOLU- 2021- 19, PC - 2021- TIONS OF INTENTION.
20 adopted
Planning Manager Allen provided a staff report and presentation regarding the City of Fullerton declaring its intention to consider amendments to Title 15 of the Fullerton Municipal Code ( FMC) pertaining to the definition of public and private schools ( FMC
15. 04) and to the definition of and regulations for livestock ( FMC
15. 17. 030. K), with a focus on small livestock.
Vice Chair Cox opened the public hearing at 7:02 p.m. pertaining to Schools.
Fullerton Planning Commission/ Landmarks Commission Minutes July 21, 2021, Page 2
There were no public comments on this item and the public hearing was closed.
It was moved by Commissioner Thompson, seconded by
Commissioner Dino, to adopt Resolution No. PC - 2021- 19, entitled:
RESOLUTION NO. PC - 2021- 19 — A RESOLUTION OF
INTENTION OF THE PLANNING COMMISSION OF THE CITY
OF FULLERTON, CALIFORNIA, DECLARING ITS INTENTION
TO CONSIDER AMENDMENTS TO TILE 15 ( CHAPTER 15. 04
AND RELATED CHAPTERS OR SECTIONS, IF APPLICABLE)
OF THE FULLERTON MUNICIPAL CODE PERTAINING TO
PRIVATE AND PUBLIC SCHOOLS
Motion carried 4-0-1 (Chair Hansburg absent).
Vice Chair Cox opened the public hearing at 7:06 p.m. pertaining to livestock.
There were no public comments on this item and the public hearing was closed.
It was moved by Commissioner Carvalho, seconded by
Commissioner Dino, to adopt Resolution No. PC - 2021- 20, entitled:
RESOLUTION NO. PC - 2021- 20 — A RESOLUTION OF
INTENTION OF THE PLANNING COMMISSION OF THE CITY
OF FULLERTON, CALIFORNIA, DECLARING ITS INTENTION
TO CONSIDER AMENDMENTS TO TILE 15 ( SECTION
15. 17. 030. K AND RELATED CHAPTERS OR SECTIONS, IF
APPLICABLE) OF THE FULLERTON MUNICIPAL CODE
PERTAINING TO LIVESTOCK, WITH A FOCUS ON SMALL
LIVESTOCK
Motion carried 4-0-1 (Chair Hansburg absent).
PLANNING COMMISSION / LANDMARKS COMMISSION
STAFF COMMUNICATIONS AND REVIEW OF CITY
COUNCIL ACTIONS
Planning Manager Allen noted that on July 6, 2021, City Council approved a Conditional Use Permit for a freeway -oriented electronic billboard at 303 North Placentia Avenue, a 12 - month program extension to temporarily defer collection of specified Development Impact Fees and directed staff to negotiate an Exclusive Negotiation Agreement with National CORE for the development of 1600 West Commonwealth Avenue. At the July 20, 2021 City Council meeting, City Council approved a modification to the Development Agreement for Goodman Logistics Center to revise the Water Well Easement Public Benefit and heard a presentation regarding the PFAS Water Treatment Plant.
Fullerton Planning Commission/ Landmarks Commission Minutes July 21, 2021, Page 3
Acting Director of Community and Economic Development Fritzal responded to questions regarding the Exclusive Negotiation Agreement at 1600 West Commonwealth Avenue, illegal cannabis dispensaries and the process to shut them down, downtown nuisances and outdoor dining.
Commissioner Dino shared his downtown ride -along experience and Acting Director Fritzal explained the Conditional Use Permit revocation process for businesses not in compliance.
Planning Manager Allen responded to questions regarding solutions to traffic and drive- through queuing line blockage, Fullerton Municipal Code Title 15 cleanup, and digital billboards.
AGENDA FORECAST
The next Fullerton Planning Commission/ Landmarks Commission meeting will be held on September 1, 2021, at 6:30 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. The August 4, 2021 and August 18, 2021 meetings have been cancelled. 7: 31 p. m. ADJOURNMENT
Vice Chair Cox adjourned the meeting at 7:31 p.m.
q7 l
Ja t Ragland, 6ffto the PlanningCommission
Fullerton Planning Commission/ Landmarks Commission Minutes July 21, 2021, Page 4
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 (CHAPTER S
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 condit ions, no operation standards, unclear language around pen location, some types of animal s 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 no t 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 Fullerton Zoning Ordinance (Title 15 of this Code).
(Ord. 1513 § 2 (part), 1967).
11.36.020 Livestock fences.
• Every owner, keeper, custodian or harborer of livestock and outdoor domestic animals, except cats and well -trained dogs , shall erect and/or maintain a fence as herein described to contain and confine all livestock animals kept or maintained on his premises. • Such fence shall be sufficiently good, strong 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, t urtles, 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
nce
R-1/
R-1P
R-2/
R-2P
R-G R-3R R-3/
R-3P
R-4 R-5 R-MH
Traditional Domestic
Animals
J X X X X X X X X
Non-traditional
domestic animals
K X
Livestock and Other
Animals
KL X X
Exotic Animals M NP NP NP NP NP NP NP NP
Kennel,
noncommercial
Animal fostering
JN X
X
X X X X X X X
15.17.030. Conditions of permitted uses.
J. Traditional D domestic animals:
Res. No. PC-2023-13
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:
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.
III. 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 20,000 square feet or less:
Poultry is not permitted.
c. Lots of 20,000 square feet or more (excluding duplexes, apartments, condominiums or mobile homes) : One animal may be kept on a lot containing not less than two hundred (200) 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.
Res. No. PC-2023-13
e. Distance. Between 10:00 pm and 7:00 a m, 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.
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 receive 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 t wo 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:
Res. No. PC-2023-13
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 sha ll erect and/or maintain a fence as herein described to contain and confine all livestock kept or maintained on his premises.
a. Such fence shall be sufficiently good, strong and substantial as to prevent the ingress and egress of livestoc k. 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.
iii. 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 Control. 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.
Res. No. PC-2023-13
N. Animal f ostering and temporary keeping of animals. Short -term animal fostering is permitted subject to the following rules:
1. Any person fostering or temporarily keeping an an imal must be able to present a valid foster agreement with an accredited local shelter or sanctuary.
2. Number of animals.
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. T he 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, a ll 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 JUNE 21, 2023.
________________________________
Arif Mansuri, Chair
RESOLUTION NO. PC-2023-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FULLERTON, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL AMEND SPECIFIED SECTIONS OF TITLE 15 (CHAPTER
15.04 AND RELATED CHAPTERS OR SECTIONS, IF APPLICABLE) OF
THE FULLERTON MUNICIPAL CODE PERTAINING TO PRIVATE AND
PUBLIC SCHOOLS
LRP-2021-0012
CITY OF FULLERTON
RECITALS
WHEREAS, SCHOOL, PRIVATE means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is not under the administration or regulation of a State agency; and
WHEREAS, SCHOOL, PUBLIC means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is under the administration or regulation of a State agency; and
WHEREAS, a Resolution of Intention was approved by the Planning Commission on July 21, 2021, 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 amendment will expand and clarify the definition pertaining to private and public schools under Fullerton Municipal Code Chapter 15.04.040, expanding the definition to be inclusive of educational institutions that are not explicitly defined as a land use for which a Conditional Use Permit (CUP) is required.
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:
Res. No. PC-2023-14
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 July 21 , 2021, to amend the Municipal Code pertaining to the definition of schools.
Fact: The amendment supports the following Fullerton Plan policy:
Policy 14.1: Coordination – Support programs to coordinate with state, county and regional agencies to improve public health and well -being through a range of efforts with regional, subregional and local agencies including schools, local medical facilities, senior centers and adjacent jurisdictions.
Fact: The amendment supports the following Fullerton Plan policy:
Policy 1 7.3 Vitality of Educational Resources – Support policies, proj ects, programs and regulations that contribute to the long- term vitality of higher educational institutions, high schools and elementary schools, and the Fullerton Library system.
Fact: The amendment supports the following Fullerton Plan policy:
Policy 17.5 Access to Life-Long Learning Opportunities – Support policies, projects and programs that ensure residents of all ages, backgrounds and abilities have access to facilities and programs, such as libraries and community education programs, that provide learning experiences for people at every stage in life.
Fact: The amendment supports the following Fullerton Plan policy:
Policy 1 7.7 Education Support Programs – Support policies and programs that continue the provision of recreational and library programs that support successful school experiences, such as programs for school readiness, tutoring, literacy, English language and computer skills.
Fact: The amendment supports the following Fullerton Plan policy:
Policy 17.16 Project Impact Mitigation – Support programs that foster coordination between the City and local school districts, colleges and universities to assess and mitigate project impacts pertaining to on- and off -campus development.
Finding: That the proposed Zoning Ordinance promotes an exceptional variety and quality of educational opportunities that reach community members throughout their lives.
Fact: The proposed amendment would expand and clarify the definition pertaining to private and public schools under Fullerton Municipal Code Chapter 15.04.040, the purpose of which is to be inclusive of educational institutions that are not explicitly defined as a land use for which a Conditional Use Permit (CUP) is required.
Res. No. PC-2023-14
THEREFORE, the Planning Commission of the City of Fullerton does hereby recommend APPROVAL of said modifications to Fullerton Municipal Code Chapter 15.04 as follows:
[New text in Bold, removed text in strikethrough]
• SCHOOL, PRIVATE means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is not under the administration or regulation of a State agency . School, Private also includes educational institutions that include, without limitation, adult level, business, vocational, and trade schools; boarding schools; colleges and universities; private preschools, elementary schools, middle or junior high schools, and high schools; military academies; professional schools (law, medicine, etc.), seminaries/religious ministry training facilities.
• SCHOOL, PUBLIC means any building or facility the use of which meets state requirements for primary, secondary or higher educat ion and which is under the administration or regulation of a State agency.
ADOPTED BY THE FULLERTON PLANNING COMMISSION ON JUNE 21, 2023.
________________________________
Arif Mansuri, Chair
Zoning Code Amendments
LRP-2021-0011
LRP-2021-0012
ZON-2023-0034
Public Hearing Item
Zoom Meeting ID: 893 1525 3564
Project Description
Staff is requesting amendments to the following Chapters of Title 11 (Animal Control, Welfare and License Requirements) and Title 15 (Zoning Ordinance) of the Fullerton Municipal Code (FMC):
• 11.36 (Keeping of Livestock)
• 15.04 (Interpretations and Definitions)
• 15.17 (Residential Zone Classifications)
Previous Actions
The Planning Commission approved the following resolutions on July 21, 2021:
Planning Commission Resolution No. PC-2021- 19 entitled:
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER AMENDMENTS TO TITLE 15 (CHAPTER 15.04 AND
RELATED CHAPTERS OR SECTIONS, IF APPLICABLE) OF THE FULLERTON MUNICIPAL CODE
PERTAINING TO PRIVATE AND PUBLIC SCHOOLS
Planning Commission Resolution No. PC-2021-20 entitled:
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER AMENDMENTS TO TITLE 15 ( SECTION 15.17.030.K AND
RELATED CHAPTERS OR SECTIONS, IF APPLICABLE) OF THE FULLERTON MUNICIPAL CODE
PERTAINING TO LIVESTOCK, WITH A FOCUS ON SMALL LIVESTOCK Keeping of Animals
1. Reaction to change in keeping of “traditional” pets
2. Approved list of animals for small SFR parcels
3. Increases in complaints to staff and City Council
4. On-going nuisance conditions
Private Schools
• Expansion of definition:
SCHOOL, PRIVATE means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is not under the administration or regulation of a State agency. School, Private also includes educational institutions that include, without limitation, adult level, business, vocational, and trade schools; boarding schools; colleges and universities; private preschools, elementary schools, middle or junior high schools, and high schools; military academies; professional schools (law, medicine, etc.), seminaries/religious ministry training facilities.
Recommended Actions
Adopt Planning Commission Resolution No. PC-2023-13, entitled:
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON,
CALIFORNIA, RECOMMENDING T H ATTHE 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 Adopt Planning Commission Resolution No. PC-2023-14, entitled:
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON,
CALIFORNIA, RECOMMENDING T H ATTHE CITY COUNCIL AMEND SPECIFIED SECTIONS OF TITLE 15 (CHAPTER 15.04 AND RELA TED CHAPTERS OR SECTIONS, IF
APPLICABLE) OF THE FULLERTON MUNICIPAL CODE PERTAINING TO PRI VAT EAND
PUBLIC SCHOOLS