CITY COUNCIL SPECIAL
STUDY SESSION MEETING AGENDA
TUESDAY MAY 28, 2024 5:30 PM
SAN DIMAS COUNCIL CHAMBER
CONFERENCE ROOM
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items.
Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.) STUDY SESSION
1. Discussion of the City’s Code Involving Single Family Agricultural Zone and Related Permitting of Certain Domestic Animals
ADJOURNMENT
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Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 3946216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.10235.104 ADA Title II].
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May 24, 2024 Debra Black
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 28, 2024
From: Chris Constantin, City Manager
Subject: Study Session Discussion of the City’s Code Involving Single Family Agricultural Zone and Related Permitting of Certain Domestic Animals ____________________________________________________________________________
SUMMARY
This staff report reviews the current regulations on horse keeping in SF-A zones and presents considerations for balancing property owner rights with development interests. The City Council requested further discussion to consider potential amendments to maintain the agricultural character while addressing community needs and environmental impacts.
RECOMMENDATION
It is recommended that the City Council:
• Review the current regulations on properties within the single family agricultural zoning with specific focus on horse and animal keeping to ensure they meet the community's needs and expectations.
FISCAL IMPACT
Depends on the action taken by Council. Revisions to the Code may require both staff time and the use of consultants.
BACKGROUND
The San Dimas Municipal Code, Chapter 18.28, governs the Single Family Agricultural (SF-A) zone. This zone aims to balance residential living with agricultural practices, allowing for singlefamily homes and the keeping of certain domestic animals, including horses, under specific conditions.
The primary focus of this study session is the regulation of horse keeping in SF-A zones.
According to 18.28.040, horse keeping is permitted under the following conditions:
Study Session – Single Family Agricultural Land SDMC 18.28 Page 2 Special City Council Meeting of May 28, 2024
1. Purpose and Ownership: Horses are allowed for breeding purposes or the personal use of the family residing on the property. Registered horse breeders can maintain additional horses with a permit.
2. Lot Size and Horse Density: Each lot must be at least 16,000 square feet, allowing no more than two (2) horses. One (1) additional horse may be kept for every 7,500 square feet of land in excess of the original 16,000, provided that the total number of horses shall not exceed five (5) horses, unless a conditional use permit is obtained.
3. Corral Specifications: Horses must be kept in open corrals of at least 288 square feet per horse or enclosed box stalls of 144 square feet per horse. Corrals must be no closer than 35 feet from any residence on the same lot and at least 80 feet from any residence located on an adjacent lot.
4. Corral Construction: Corrals must have fences at least five feet high, adequate for confining horses. Weatherproof roofs of at least 64 square feet per horse must be provided.
5. Non-Commercial Use: Horse keeping is strictly non-commercial, prohibiting activities such as boarding or keeping horses not for the resident family's use.
6. Maintenance Standards: Corrals and stables must be managed to prevent dust, manure, and refuse accumulation, which can attract flies.
These regulations ensure the humane treatment of horses while maintaining harmony between agricultural and residential uses within the SF-A zone.
DISCUSSION/ANALYSIS
On April 12, 2022, the City Council denied an initiation request for a general plan amendment and zone change for two (2) parcels on Baseline that would have removed the ability to keep horses and other animals allowed in the SF-A zone. In the context of such requests, the City Council desires to protect the valuable and limited land which allows such use. To this end, the City can benefit from discussion and consideration of how to best proceed to further the City Council’s desire to maintain these uses.
In doing so, the City Council can consider various aspects regarding animal keeping and property development in SF-A zones such as, but not limited to:
• Preserving Agricultural Character: Maintaining the agricultural character of SF-A zones is vital. Horse keeping and animal keeping contributes to this character, and changing the regulations could alter the nature of these neighborhoods. • Balancing Interests: There is a need to balance the rights of property owners who keep horses with those of developers and other property owners who wish to subdivide larger parcels into smaller ones. Subdividing can impact the ability to keep horses or other animals if the new lot sizes fall below the minimum requirements. • Impact of Subdivisions: Allowing subdivisions of larger parcels into smaller ones may lead to increased density, potentially conflicting with the agricultural and semi-rural
Study Session – Single Family Agricultural Land SDMC 18.28 Page 3 Special City Council Meeting of May 28, 2024
atmosphere intended for SF-A zones. It's essential to evaluate whether these changes align with the community's vision for the area.
• Codify protections of SF-A Zones: The City Council can consider amending the SF-A zone to include protections to ensure clarity for owners, future owners, and developers about general plan amendments, zone changes, and subdivisions of SF-A parcels that would impact horse and animal keeping. The amendment should account for the impact of legislation which allows for actions outside the City’s control. • Consider Codifying Previous Policy: The City Council previously approved a policy on December 12, 2000 that required new horse keeping properties to have a minimum lot area of 20,0001 square feet of useable area, instead of the 16,000 square feet required by the Municipal Code, to reasonably accommodate horse keeping, and to increase the minimum lot width from 100 feet to 150 feet. The minimum lot size was set at 20,001 as the Code requires lots ranging from 20,001 to 39,999 square feet to have a minimum width of 150 feet. The policy also required that all applications on SF-A zoned properties include a detailed site plan demonstrating the availability of horse keeping areas in compliance with the established distance separation standards, and to not allow permanent improvements such as additions, garages and swimming pools in these areas. The purpose of the policy was to advise applicants that the City would give the highest priority to equestrian uses and that non-equestrian uses may not be approved due to potential incompatibility and possible undesirable reduction of equestrian zoned property. While the policy was meant to be advisory, it was used in the evaluation of applications affecting horse keeping property. This policy, along with all other policies that have not been codified, are no longer implemented per direction of the City Attorney. While the policy is no longer implemented, applications seeking general plan amendment or zone change still require a study session for the Council to discuss and consider the impacts of the proposed changes. The Council could direct Staff to codify this policy, or portions of it; however, it should be noted that increasing the minimum lot size would reduce density in the SF-A Zone. Government Code 66300(b)(1) and (h) requires that when density is reduced, the City increase density commensurately in other zones. • Conditional Use Permits: The current code allows for conditional use permits to exceed the standard horse limits. The City Council might consider if the criteria for these permits need revision to address contemporary concerns and demands.
Community Feedback: Engaging with the community, particularly those directly affected, is important. Understanding their perspectives on maintaining larger parcels for horse keeping versus the benefits of increased residential development will inform balanced decision-making.
The City Council could consider seeking input from owners of current SF-A properties, the equestrian community, as well as developers.
ALTERNATIVES
Not applicable.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Study Session – Single Family Agricultural Land SDMC 18.28 Page 4 Special City Council Meeting of May 28, 2024
Respectfully submitted,
Chris Constantin
City Manager
Attachments:
1. Chapter 18.28 SF-A Single-Family Agriculture Zone
CHAPTER 18.28
SF-A SINGLE-FAMILY AGRICULTURE ZONE
§ 18.28.010. Purpose.
The SF-A single-family agriculture zone is intended to provide for the development of single-family residential homes at urban standards, with not more than one dwelling unit permitted on any lot or parcel, and permitting certain domestic animals. ( Ord. 37 § 3.02.00, 1961; Ord. 487 § 2, 1975; Ord. 1226 § 1, 2014) § 18.28.020. Uses permitted.
Property in the SF-A zone may be used for:
( Ord. 37 § 3.02.01, 1961; Ord. 487 § 2, 1975; Ord. 558 § 1, 1976; Ord. 1074 § 1, 1997; A. Any use permitted in the S-F zone subject to all regulations applying to the S-F zone.
B. Wholesale nurseries, orchards, the raising of field crops. This subsection does not permit roadside stands, retail sale from the premises, or advertising signs of any nature.
C. Animal Keeping.
1. In addition to those animals permitted under Chapter 18.20 Residential Zones Generally, in the SF-A zone, on parcels of eleven thousand square feet or larger, containing not more than one dwelling unit, domestic animals shall be permitted within the following limitations, and solely for the use of the family residing on the parcel:
a. Rabbits, not to exceed one buck and four does;
b. Fowl for meat purposes, not to exceed twenty-five;
c. Chickens for eggs, not to exceed twenty layers;
d. Calves, not to exceed one calf under two years of age, and none older; e. Goats, not to exceed three;
f. Sheep, not to exceed three;
g. Horses, in accordance with the provisions of Section 18.28.040; h. Potbellied pigs, in accordance with the provisions of Section 18.28.050; i. Wildlife care and rehabilitation facilities in accordance with the provisions of Section 18.28.060.
2. All animals shall be properly housed at a distance of not less than thirty-five feet from any residence. If allowed outside their houses, animals shall be kept within adequate fences so that they do not have access to neighboring property.
City of San Dimas, CA
§ 18.28.010 § 18.28.020
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Ord. 1226 § 1, 2014)
§ 18.28.030. Uses permitted by conditional use permit.
The following uses may be permitted by conditional use permit:
( Ord. 37 § 3.02.02, 1961; Ord. 558 § 2, 1976; Ord. 1226 § 1, 2014) § 18.28.040. Keeping of horses.
In the SF-A zone, horses may be quartered and maintained subject to the following conditions:
A. Aviaries. This use shall be permitted on parcels of not less than one acre. Any structures used in connection with the use shall be located in accordance with the provisions of the County Health Code.
B. Churches and religious institutions.
A. The horses, including ponies, but excluding foals under twelve months, may be maintained under this section only for breeding purposes or for the personal use of the family residing on the lot or parcel.
1. A registered horse breeder may maintain an additional three horses for breeding purposes provided a permit for such purposes has been issued. A permit may be issued to the owner of a stallion for a period of one year, subject to the following conditions:
a. The breeder shall maintain the horses on a lot or parcel of one acre minimum, or greater, in size;
b. Upon favorable recommendation of a committee appointed by the city council to review the application for permit.
B. Each lot or parcel shall be at least sixteen thousand square feet in size, and no more than two horses shall be kept on any such lot or parcel. One additional horse may be kept for each seven thousand five hundred square feet of land in excess of the original sixteen thousand, provided that the total number of horses maintained shall not exceed five, unless a conditional use permit is obtained. The conditional use permit may have attached to it such conditions that are deemed necessary in order to ensure that the maintenance of horses does not interfere with the reasonable use and enjoyment of the adjacent and surrounding properties. No fee shall be charged for the conditional use permit required in this subsection.
C. The horses shall be maintained in open corrals containing at least two hundred eighty-eight square feet, e.g., twelve feet by twenty-four feet per horse, in enclosed box stalls containing at least one hundred forty-four square feet, e.g., twelve feet by twelve feet per horse. The corral must be no closer than thirty-five feet from any residence located on the same lot or parcel, and at least eighty feet from any residence located on an adjacent lot or parcel. Corrals shall conform to building setbacks from any public or private streets.
City of San Dimas, CA
§ 18.28.020 § 18.28.040
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( Ord. 1074 § 2, 1997; Ord. 1226 § 1, 2014)
§ 18.28.050. Keeping of potbellied pigs as domestic pets.
This section shall authorize the keeping of the breed of swine commonly known as the Vietnamese potbellied pig or shari pig. Said animal shall only be allowed to be maintained as a domestic pet and shall only be authorized for property with a singlefamily agriculture (SF-A) zone designation. In addition, the following standards shall apply:
D. The corral areas shall consist of fences of at least five feet in height and of such construction so as to confine the horses.
E. In conjunction with the corrals, there shall be weatherproof roofs of at least sixtyfour square feet per horse.
F. Nothing in this chapter shall permit the keeping of horses for any commercial purposes, such as boarding of horses or the keeping of horses not principally for the use of the members of the resident family.
G. The corral and stable areas shall be sprinkled or otherwise treated to a degree so as to prevent the emanation of dust. In addition, all accumulation of manure, mud or refuse shall be eliminated so as to prevent the breeding of flies.
A. The single-family agriculture (SF-A) property shall have a minimum lot or parcel size of sixteen thousand square feet.
B. The potbellied pig animal shall not exceed a height of twenty-two inches and a weight not in excess of one hundred forty pounds.
C. Not more than two potbellied pig animals shall be allowed per residential lot or parcel.
D. The potbellied pig animal shall be licensed in the same manner as dogs are licensed pursuant to Section 6.08.010 of the San Dimas Municipal Code. Furthermore, the owner of the potbellied pig animal shall be subject to the same penalties for failure to obtain a license as a dog owner.
E. The owner or custodian of the potbellied pig animal shall only maintain said animal as a domestic pet and keep the premises where said animal resides in a clean, odor free and sanitary condition at all times.
F. The provisions of Chapter 6.24 which regulate noise from barking dogs shall apply to the sounds emanating from potbellied pigs.
G. It is unlawful and an infraction, subject to punishment in accordance to provisions of Chapter 1.12 of the San Dimas Municipal Code, for any owner or custodian of a potbellied pig animal to allow or permit such animal to be off the premises of the owner or custodian unless such animal is securely restrained by a leash of not more than six feet in length, and of sufficient strength to prevent the escape of said animal. Furthermore, the owner or custodian of said animal shall be a person City of San Dimas, CA
§ 18.28.040 § 18.28.050
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( Ord. 1074 § 3, 1997; Ord. 1226 § 1, 2014)
§ 18.28.060. Wildlife care and rehabilitation facilities.
For the purposes of this section, wildlife care and rehabilitation facilities shall be defined as an activity undertaken, as an accessory use on residential property, to restore to a condition of good health, for the purposes of releasing into the wild, animals that naturally and typically inhabit the area, but are not normally domesticated. Wildlife care and rehabilitation facilities may only be permitted as an accessory use on residential property zoned single-family agriculture (SF-A). In addition, the following standards shall apply:
capable of keeping the animal under effective charge and control.
H. Any potbellied pig animal which molests a passerby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, damages and/or trespasses on private or public property, grunts, whines, howls, honks, squeals, screeches, or otherwise makes or creates excessive, continuous or untimely noise, shall be considered and deemed a nuisance.
A. The minimum lot or parcel size necessary to maintain the wildlife care and rehabilitation facility shall be not less than sixteen thousand square feet.
B. This section shall only authorize those facilities which are permitted by, and operated pursuant to, the provisions of the state of California Department of Fish and Game as a designated wildlife care and rehabilitation facility.
C. A wildlife care and rehabilitation facility shall be subject to review by, and shall receive the approval of, the director of Community Development pursuant to the provisions of Section 18.12.050(C) of the San Dimas Municipal Code.
D. The wildlife care and rehabilitation facility shall maintain a valid permit and approval as required by subsections B and C of this section at all times, or the approval shall become null and void.
E. The wildlife care and rehabilitation facility shall meet and maintain all conditions and standards set forth in Section 679, Title 14, California Code of Regulations. All activities involving wildlife care and rehabilitation shall be carried out in accordance with those regulations and permit conditions.
F. The owner/operator shall produce and shall maintain on the location any permit and/or certification issued by the state of California, Department of Fish and Game authorizing the operation of a wildlife care and rehabilitation facility. Such evidence must be produced when requested by the city staff, officers of the Pomona Valley Humane Society and/or any peace officer.
G. The owner/operator or custodian of a wildlife rehabilitation facility shall keep, or cause to be kept, the subject premises in a clean, odor free and sanitary condition at all times.
H. It is unlawful and an infraction, subject to punishment in accordance with Chapter City of San Dimas, CA
§ 18.28.050 § 18.28.060
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( Ord. 1074 § 4, 1997; Ord. 1226 § 1, 2014)
1.12 of the San Dimas Municipal Code for any owner/operator or custodian of any wildlife care and rehabilitation facility to allow or permit any animal to be off the premises. This provision does not apply to the transfer of an animal to and/or by a bona fide institution authorized in writing by the local warden of the California Department of Fish and Game.
City of San Dimas, CA
§ 18.28.060 § 18.28.060
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