ORDINANCE NO Text Amendment Z-S-695, to allow horse boarding as an interim use on undeveloped CRzoned

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY APPROVING A CITY-INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT TO ALLOW THE BOARDING OF HORSES ON UNDEVELOPED LAND IN THE COMMERCIAL RECREATION ZONE AS AN INTERIM USE (Z-S-695), AND THE NEGATIVE DECLARATION THEREFORE WHEREAS, the City of Simi Valley has initiated a Citywide amendment to the Simi Valley Municipal Code (Z-S-695) to allow the boarding of horses as an interim use on undeveloped land in the Commercial Recreation Zone; and WHEREAS, based upon evidence and testimony presented at the public hearing on November 7, 2012, and the findings contained in the Planning Commission staff report dated November 7, 2012, the Planning Commission recommended the proposed Municipal Code Text Amendment Z-S-695 to allow horse boarding as an interim use on undeveloped CRzoned land to the City Council for approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. The findings for the Negative Declaration, contained in the Planning Commission staff report dated November 7, 2012, and incorporated herein by reference, are hereby adopted. SECTION 2. The Negative Declaration prepared for Municipal Code Text Amendment Z-S-695 is hereby adopted. SECTION 3. Based upon the evidence and testimony presented at the public hearing of December 17, 2012, the findings contained in the Planning Commission staff report dated November 7, 2012, and the City Council staff report dated December 17, 2012, incorporated herein by reference, the City Council finds, for approval, for Municipal Code Text Amendment Z-S-695, to allow horse boarding as an interim use on undeveloped CRzoned land. SECTION 4. Municipal Code Text Amendment Z-S-695, which modifies SVMC , as specified in Exhibit A, attached hereto, is hereby approved. SECTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

2 2 ORD. NO SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Attest: PASSED and ADOPTED this 7 th day of January, Ky Spangler, Assistant City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: Marjorie Baxter, City Attorney Laura Behjan, City Manager Peter Lyons, Director Department of Environmental Services

3 3 EXHIBIT A SIMI VALLEY MUNICIPAL CODE (SVMC) TEXT AMENDMENT HORSE BOARDING ON UNDEVELOPED LAND IN CR ZONE SVMC Section is hereby amended to read as follows: Interim Use of Property A. While property remains vacant, it may be used for the growing of crops or organized community youth group recreational activities prior to development in compliance with this Development Code; provided that no structure shall be erected or constructed without a proper permit. B. While property remains vacant in the CR (Commercial Recreation) Zone, excluding Specific Plan CR Zones, it may be used for the board and care of horses prior to development in compliance with this Development Code. Uses specifically not allowed include teaching or riding lessons, group events, shows, clinics, or horses for hire (livery operations). The board and care of horses shall be subject to issuance of a Zoning Clearance per Section (Zoning Clearances) and all of the following standards: 1. Parcel Size and Horse Density: The minimum parcel size is three acres. The number of horses per application shall not exceed 2 per one-half acre, up to a maximum of 18 horses. 2. Enclosures, Shade Structures, and Sheds: Horses shall be kept within fenced corrals with a minimum area of 500 square feet for each horse. Any accessory shade structure for housing horses shall not exceed 120 square feet in area and 14 feet in height, and shall contain a minimum of three open sides. One storage shed is allowed per horse, and one for the operator or caretaker of the horse boarding facility. All sheds shall be used for the storage of items related only to the boarding and caring of horses on the property. Each shed shall be a maximum of 120 square feet in area and 14 feet in height, and shall not contain any electrical or plumbing fixtures. 3. Setbacks: All fenced corrals and accessory shade structures for horse keeping, sheds, riding rings, and riding trails shall be located a minimum distance of 50 feet from any existing off-site structure used for human occupancy or habitation, and 20 feet from the property line of the parcel containing the horse boarding facility. 4. Caretaker temporary residence or office: One recreational vehicle may be used for the caretaker of the property and one for an office. Sewage disposal for the recreational vehicle shall conform to all State and City standards. 5. Water, Sewer, and Trash Services: Any water or sewer services shall conform to all City standards. The property owner, caretaker, operator, or manager shall arrange for the pickup of discards or recyclable materials generated on-site by a City-approved trash service company.

4 4 EXHIBIT A 6. Sanitary Facilities: A minimum of two portable handicapped chemical toilets, including a built-in sink with fresh water, shall be provided and made available for customers and employees. Each portable toilet facility shall be, at all times, operational, maintained in a clean and sanitary condition, and kept in good repair. All portable chemical toilet facilities shall comply with the American National Standards Institute (ANSI) Z4.3 Nonsewered Waste-Disposal Systems Minimum Requirements. 7. Parking and Driveways: On-site vehicle parking shall be provided at one space per horse based on the maximum allowed number of horses for the application. All surfaces for parking and driveways shall be maintained with compacted decomposed granite or gravel containing a minimum depth of two inches. 8. Tree Protection: No tree shall be removed, cut down, relocated, or destroyed, except as provided pursuant to Chapter 9-38 (Tree Preservation, Cutting, and Removal). No pruning of protected trees shall occur without first obtaining approval of the City, and all pruning shall conform to the American National Standards Institute (ANSI) A-300 Tree Care Operation Standards. 9. General requirements: The property owner or operator of the horse boarding facility shall comply with the following: a. The property, including all enclosures or structures housing horses, corrals, paddocks, riding rings, pastures, or other areas shall be maintained in a sanitary manner free from litter, garbage, and the accumulation of manure, pursuant to Section (C)(2). The control of flies shall be maintained by: 1) collecting manure on a daily basis and placing it in a fly-proof sanitary container; 2) providing and maintaining flytraps; 3) maintaining insecticide ear tags on horses; and, 4) spraying insecticide where horses are kept. b. No horse shall be kept on the property if it habitually disturbs the peace and quiet of two or more residents on residential properties pursuant to Section (C)(4). c. Signage shall be limited to one freestanding, non-illuminated sign not exceeding a sign area of 24 square feet and height of 6 feet. Such sign shall be placed a minimum of one foot inside the property line. A sign permit shall be required. d. There shall be no grading on the property, including the excavation or fill of earth material by artificial means. 10. Facility operations plan: The property owner or operator of the horse boarding facility shall prepare a plan addressing the horse board and care operations and improvements for review and approval by the Director of Environmental Services prior to issuance of the Zoning Clearance. The plan(s) shall include, but not be limited to: the location and design of corrals, riding rings, trails, and enclosures; storage area location for hay and feed; location and surface material for onsite parking and driveways; location of recreational vehicle for the caretaker; and signage.

5 5 EXHIBIT A 11. Duration Period: A Zoning Clearance is required and may be granted by the Director of Environmental Services for a maximum of one year to allow the boarding of horses. If it can be found that the applicant has complied with all the standards in this subsection B, the Director may grant subsequent Zoning Clearances for additional periods of one year each. Applicant must completely remove all horses, enclosures and structures housing horses, sheds, the caretaker s recreational trailer and vehicle, and any other related item from the property within 14 calendar days after the one-year period, unless a subsequent Zoning Clearance was issued. 12. Monitoring. Upon a 24 hour notice, the site shall be subject to an inspection by the City to ensure compliance with all the standards in this subsection B. 13. Deposit. A bond or cash deposit, in the amount specified by ordinance or resolution, shall be deposited with the City for the horse boarding facility s operation on vacant or undeveloped land to ensure clean-up of the entirety of the facility in compliance with Section (H)(4).