RIVERSIDI
City Council Memorandum
City of Arts & Innovation
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: MARCH 26, 2019 FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARDS: ALL
DEPARTMENT
SUBJECT: PLANNING CASE P19-0056 RIVERSIDE MUNCIPAL CODE AMENDMENT - AN AMENDMENT TO THE ANIMAL KEEPING PROVISIONS OF TITLE 19 - ZONING CODE, AND TITLE 8 - ANIMALS
ISSUE:
Approve a Riverside Municipal Code Amendment to the animal keeping provisions of Title 19- Zoning Code, and Title 8 - Animals, for keeping specific types of domestic and non-domestic animals, including but not limited to, dogs, cats, chickens, turkeys, geese, rabbits, bees, racing pigeons, and goats.
RECOMMENDATIONS:
That the City Council:
1. Determine that Planning Case P19-0056 Riverside Municipal Zoning Code Amendment is exempt from the provisions of the California Environmental Quality Act per Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that the code amendment does not have the potential to cause a significant effect on the environment;
2. Approve Planning Case P19-0056 based on the findings of the Planning Commission staff report; and
3. Introduce and subsequently adopt the attached Ordinance amending animal keeping provisions in Title 19 - Zoning Code and Title 8 - Animals.
PLANNING COMMISSION RECOMMENDATION:
On February 21, 2019, the City Planning Commission recommended approval of Planning Case P19-0056, by a vote of 6 ayes and 1 no, subject to staff's findings (Attachment 2 and Attachment 3). The Planning Commission's recommendation included consideration of revisions to allow fostering animals; and to allow keeping of rabbits in any residential zone similar to pot-bellied pigs.
P19-0056 - Municipal Code Amendment for Animal Keeping Regulations • Page 2 BACKGROUND:
The City of Riverside regulates animal keeping in Title 19 - Zoning, and Title 8 - Animals. The Community & Economic Development Department's Planning Division implements Title 19 - Zoning, which focuses on land use compatibilities. The Public Works Department oversees Title 8 - Animals, which focuses on animal well-being.
In 2017, the Planning Commission and Utility Services/Land Use/Energy Development Committee (Land Use Committee) held workshops on animal keeping. Both domestic and non- domestic animal keeping, including bees, dogs, cats, chickens, rabbits and racing pigeons, were discussed at the workshops. The Planning Commission and Land Use Committee agreed that keeping non-domestic animals is essentially an agricultural activity and appropriate for larger properties in the City. The Land Use Committee directed staff to bring back regulations on the keeping of bees, chickens, rabbits and racing pigeons.
During the Land Use Committee workshop, limiting retail sale of dogs and cats and licensing breeders in the City was also discussed. Since then, a new state law, Assembly Bill 485, makes it unlawful for retail stores to sell dogs, cats, or rabbits after January 1, 2019. A breeder's license in the City is no longer required because new State law now prohibits the retail sale of commercially bred animals.
Staff also identified discrepancies within Title 19 and inconsistencies between Title 19 and Title 8 related to animal keeping. The proposed Riverside Municipal Code Amendment (Amendment) addresses the direction from the Land Use Committee and resolves the discrepancies and inconsistencies.
DISCUSSION:
The following summarizes recommended changes to Title 19 - Zoning and Title 8 - Animals (Attachment 1 - Ordinance) related to animal keeping in Riverside.
Modify Allowed Zones for Domestic Animals
Domestic and non-domestic animals are regulated differently in the City of Riverside. A domestic animal is defined by the Zoning Code as a small animal generally accepted as a pet. The current definition lists dogs, cats, rabbits, songbirds, and rodents as domestic animals, and specifically excludes chickens, ducks, geese, hoofed animals, swine (other than pot-bellied pigs), and other non-domestic animals. Domestic animals are currently only allowed in residential and mixed-use zones.
The proposed Amendment would redefine non-domestic animals to add rabbits, poultry, pigeons, and turkeys to the list of animals specifically excluded from the domestic animal definition; and allow domestic animal keeping in all zones (i.e., residential, commercial and industrial) to allow flexibility for those taking animals to work or for security purposes.
Eliminate Redundancies for Permitted Non-Domestic Animals in the RA-5 and RC Zones Section 19.100.030 - Permitted Land Uses, currently only allows non-domestic animals in the RR, RA-5 and RC zones, and establishes standards for the keeping of non-domestic animals.
This Section duplicates the animal keeping provisions in Chapter 19.455 - Animal Keeping.
P19-0056 - Municipal Code Amendment for Animal Keeping Regulations • Page 3 The proposed Amendment removes the animal keeping provisions from Chapter 19.100.030.
Clarity Definitions for Kennels and Catteries
Kennels and Catteries are addressed in both Title 19 - Zoning and Title 8 - Animals. Title 8 includes definitions for "residential cattery" and "residential kennel", and defines "commercial kennel" by referencing the definition of "kennel" in Title 19. Title 19, however, does not distinguish between residential and commercial kennels, and it does not define "residential cattery" or "residential kennel."
The proposed Amendment defines "Kennel-Commercial", "Kennel-Residential", "Cattery- Commercial" and "Cattery-Residential" in Title 19, and accurately references them in Title 8. The definition for "Boarding of Animals" is addressed in the Kennel definitions.
Modify Requirements and Standards for Non-Domestic Animals The proposed Amendments related to non-domestic animals are summarized in Table 1. This includes regulations for bees, homing (racing) pigeons, poultry and crowing fowl, crowing roosters, rabbits and temporary goat grazing.
TABLE 1
Summary of Proposed Non-Domestic Animal Keeping Regulations Title 19 Title 19
Type of Title 8 Proposed Title 19
ermitte
Animal Summary Summary Amendment one
Mirrors Riverside County
Dept. of Environmental
Health requirements:
300-foot setback from public
streets, roads, and freeways
500-foot setback from
houses or buildings
6-foot high barrier within 500 Refers to RR1
requirements of No changes proposed
Beekeeping feet of a school yard, or RACHI
where people congregate Chapter 8
Water provided within 100
feet or 300 feet of
stream/reservoir
Water source cannot be
vithin ¼ mile of another
water source where
people/animals are present
P19-0056 - Municipal Code Amendment for Animal Keeping Regulations • Page 4 Title 19 Proposed Title 19 Title 19
Type of Title 8 Permitted
Animal Summary Summary Amendment Zones
Allow in additional Zones (R-1
Code defines & RE Zones) with limitations: R-1
as domestic RE
Rabbits Not addressed in Title 8 animals; but 25-foot setback from RR' regulated as neighboring residences RA-51
non-domestic RC
Max. 2 rabbits
Clarify as permitted use in
RR, RA-5 & RC zones;
Allow in Additional Zones
(R-1 & RE) with Minor CUP
with limitations
R-1
Homing Currently not • Min. lot size: 20,000 sf RE
(Racing) Not addressed in Title 8 included in Use RR'
Pigeons Table • Max 25 birds (20,000 sf to RA-51
1-acre) RC'
• Max 50 birds (over 1 acre)
• Others - Banded &
registered, Feed storage-
sealed, Pigeon release
restricted, Maintained in
coops
Allow in additional zones
Min. lot size (R-1 & RE) with limitations:
R-1
Poultry & and setbacks • Min lot size: 20,000 sf RE
Crowing Fowl Not addressed in Title 8 RR'
• Max 5 poultry (any
Limit on RA-51
combination) RC'
number • 50-foot setback from
neighboring residences
RR'
Crowing Not addressed in Title 8 Only allowed in
Roosters No change proposed RA-51
RR, RA-5 & RC RC1
Allow in all zones with Minor
TUP with limitations:
• Min one-acre undeveloped
land
Currently not • Max 20 consecutive days Temporary
Temporary Not addressed in Title 8 allowed or per TUP Use in all Goat Grazing addressed in • Max 3 TUPs per year
Title 19 zones
• Max 75 goats per acre
• Secured enclosure, water,
shade
• 24 hr. monitoring, & daily
cleaning
Notes: 1 Zones where use is currently allowed, subject to existing restrictions P19-0056 - Municipal Code Amendment for Animal Keeping Regulations • Page 5 Modify Use Tables
Chapters 19.150.020A Permitted Uses Table, 19.150.020B - Incidental Uses Table and
19.150.020C - Temporary Uses Table, and Chapter 19.455 - Animal Keeping, specify the zones where domestic and non-domestic animal keeping and goat grazing can occur. In the Amendment, the Tables are updated to reflect the changes discussed above in this staff report.
Address Planning Commission Comments
Clarify where Rabbits & Pot-Bellied Pigs are Allowed
The Planning Commission expressed concerns that the proposed Amendment would prohibit residents from having a rabbit as a pet. To address this, the Commission requested that the proposed Code amendment allow keeping of rabbits in any single-family residential zone similar to pot-bellied pigs.
The proposed Amendment has been revised since the Planning Commission hearing to allow rabbits in any single-family residential zone with no lot size restriction. Except for the RR, RA-5 and RC zones, which currently allow for rabbits, the proposed Amendment would permit no more than two rabbits on any lot, provided the rabbits are kept at least 25 feet from a residential structure on an adjacent property.
Foster Animals
The Planning Commission requested revisions to the proposed amendment to allow fostering of animals, which is not addressed in Title 19 - Zoning or Title 8 - Animals. Fostering typically involves the temporary keeping of animals that need extra care or training, socialization or have medical needs. The duration of the fostering care can be as little as a week, or up to several months, depending on the animal's needs. Fostering organizations match animals with the best foster home possible to prepare animals for adoption. These organizations require an application, approval process and agreement.
The proposed Amendment defines animal fostering as the temporary care of animals up to 6 months in any consecutive 18 month period. The maximum number of animals otherwise allowed on the lot can be exceeded by one to accommodate fostering. The proposed Amendment also requires a written agreement between the fostering individual and the fostering organization which is also defined.
Consider Virulent Newcastle Disease
The proposed Amendment is based on land use considerations and trends. Since preparing the Planning Commission staff report, outbreaks of Virulent Newcastle Disease in Southern California has become a significant issue. This highly contagious viral disease affects birds and poultry. The disease has a near 100% mortality rate in unvaccinated poultry, and is fatal within a few days of infection. Affected poultry are carriers of the virus, but may not show signs of illness. An outbreak of Newcastle Disease in 2002 ultimately led to more than three million (3,000,000) commercial hens being euthanized.
The California Department of Food and Agriculture has established quarantines in areas where Virulent Newcastle Disease is discovered, and sick birds are euthanized. In certain P19-0056 - Municipal Code Amendment for Animal Keeping Regulations • Page 6 circumstances, the State may euthanize all birds in a quarantine area, regardless of whether they are showing symptoms (Attachment 4).
At least five (5) commercial poultry facilities in Riverside County, and flocks in San Bernardino County, have been impacted by the disease. Coops in residential neighborhoods in Southern California, including the City of Riverside, have also been impacted. The full extent of the outbreak has not yet been realized, and the number of infected birds is expected to grow. State agriculture officials believe backyard coops and the relocation of infected residential chickens have contributed to the spread of the disease.
The proposed Amendment, as recommended by the Planning Commission, allows poultry in all residential zones based on development standards.
The Public Works Director concurs with the recommendations in this staff report.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the proposed Amendment as all costs for keeping of animals is the responsibility of the animal owner.
Prepared by: David Welch, Community & Economic Development Director Certified as to
availability of funds: Edward Enriquez, Chief Financial Officer/City Treasurer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Gary G. Geuss, City Attorney
Attachments:
1. Proposed Ordinance
2. City Planning Commission Report - February 21, 2019
. Planning Commission Minutes
4. California Department of Food and Agriculture News Advisory - February 27, 2019
5. Presentation