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Ordinance 19-07ORDINANCE NO. 19-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING TITLE 120 CHAPTER 120.04 SECTIONS 120.04.080 OF THE EASTVALE MUNICIPAL CODE RELATING TO PERMIT NON-COMMERCIAL BEEKEEPING IN RESIDENTIAL ZONES CITYWIDE THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. THE PROPOSED ACTION IS EXEMPT UNDER SECTION 15061(13)(3) FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THIS GENERAL RULE EXEMPTION IS APPLICABLE TO ACTIONS IN WHICH THERE IS NO POSSIBILITY OF AN ENVIRONMENTAL EFFECT. SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN Finding: The Multiple Species Habitat Conservation Plan (MSHCP) is not applicable to the proposed action. Evidence: Parcels affected by the action are located outside of an MSHCP criteria cells or conservation areas, within areas zoned as residential and MSHCP Fees are not applicable. SECTION 3. FINDINGS FOR CHANGE OF ZONE PURSUANT TO THE CITY OF EASTVALE ZONING CODE, THE CITY COUNCIL MAKES THE FINDING BELOW PERTAINING TO ORDINANCE NO. 19-07: Finding 1: Zoning amendments shall be granted only when the City Council finds that the changes are consistent with the General Plan goals, policies, and implementation programs. Evidence: The proposed action would promote the following General Plan policies: Land Use Element GOAL LU -2: A balance of land uses that maintains and enhances the City's fiscal viability, economic diversity, and environmental integrity and meets the needs of Eastvale's residents. Health• Com unite• Element Policy HC -3: The City encourages a built environment that promotes physical activity and access to healthy foods, while reducing driving and pollution. Finding 2: The amendment is consistent with the most recent adopted version of the Chino Airport Land Use Compatibility Plan. Evidence: The proposed action would amend the City ofEastvale Municipal Code to allow non- commercial beekeeping in residential districts and does not place new development in areas critical to the flight paths ofair traffic associated with tl'te Chino Airport. Thus, the project is consistent with the Airport Land Use Compatibility Plan. SECTION 4. Title 120, Chapter 04, Section 080, Animal Keeping, of the City of Easivale Municipal Code is hereby_ amended to permit the residential keeping of bees, as described in Exhibit A attached hereto. SECTION 5. THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FULL FORCE AND OPERATION THIRTY (30) DAYS AFTER ADOPTION. SECTION 6. IF ANY SECTION, SUBSECTION, SUBDIVISION, SENTENCE, CLAUSE, OR PORTION OF THIS ORDINANCE IS FOR ANY REASON HELD TO BE INVALID OR UNCONSTITUTIONAL BY THE DECISION OF ANY COURT OF COMPETENT JURISDICTION, SUCH DECISION SHALL NOT AFFECT ']'HE VALIDITY OF THE REMAINING PORTIONS OF THE ORDINANCE, THE CITY COUNCIL HEREBY DECLARES THAT IT WOULD HAVE ADOPTED "fIIIS ORDINANCE, AND EACH SECTION, SUBSECTION, SUBDIVISION, SENT'ENC'E, CLAUSE, PHRASE, OR PORTION THEREOF, IRRESPECTIVE OF THE FACT THAT ANY ONE OR MORE SECTIONS, SUBSECTIONS, SENTENCES, CLAUSES, PHRASES, OR PORTIONS THEREOF BE DECLARED INVALID OR UNCONSTITUTIONAL. SECTION 7. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law. PASSED, APPROVED AND ORDAINED this 11th day ol'September, 2019. APPROVED AS TO FORM: �f' l `j g Erica Vega, Cit At orney &4z Todd Rigby, Ma or ATT'ES Marc Dt notrue, City Clerk. EXHIBIT A SEC. 120.04.080. - ANIMAL KEEPING. (A) INTENT. THE PROVISIONS SET FORTH IN THIS SECTION PROVIDE MINIMUM DEVELOPMENT STANDARDS FOR ANIMAL KEEPING. (B) NONCOMMERCIAL. (1) HOGS. THE NONCOMMERCIAL RAISING OF HOGS SHALL COMPLY WITH THE FOLLOWING STANDARDS: A. SHALL NOT EXCEED FIVE HOGS; B. THE TOTAL NUMBER OF HOGS PERMITTED ON PARCELS OF LESS THAN ONE ACRE SHALL NOT EXCEED TWO HOGS; C. NO HOGS SHALL BE PERMITTED ON LOTS OF LESS THAN 20,000 SQUARE FEET; AND D. FOR THE PURPOSES OF DETERMINING THE NUMBER OF HOGS ON A PARCEL, BOTH WEANED AND UNWEANED HOGS SHALL BE COUNTED. (2) MINIATURE PIGS. THE NONCOMMERCIAL RAISING OF MINIATURE PIGS SHALL COMPLY WITH THE FOLLOWING STANDARDS: A. IN THE RR AND A -I ZONES: NOT MORE THAN FIVE MINIATURE PIGS ON LOTS OF NOT LESS THAN 20,000 SQUARE FEET; B. IN THE R -A, R-1, R-2 AND R-3 ZONES: 1. MINIMUM LOT SIZE OF 7,200 TO 19,999 SQUARE FEET FOR NOT MORE THAN ONE MINIATURE PIG; 2. MINIMUM LOT SIZE IS 20,000 SQUARE FEET, FOR NOT MORE THAN TWO MINIATURE PIGS; C. ANY PERSON OWNING OR HAVING CUSTODY OR CONTROL OF A MINIATURE PIG OVER THE AGE OF FOUR MONTHS SHALL PAY FOR AND OBTAIN A LICENSE FROM THE ANIMAL CONTROL DEPARTMENT; D. ANY MINIATURE PIG KEPT OR MAINTAINED ON A LOT AS A PERMITTED USE SHALL BE SPAYED OR NEUTERED AS A CONDITION OF BEING LICENSED. NO LICENSE SHALL BE ISSUED UNLESS THE OWNER OR CUSTODIAN OF THE MINIATURE PIG PRESENTS A VALID CERTIFICATE FROM A VETERINARIAN. ALL UNALTERED MINIATURE PIGS SHALL BE SUBJECT TO IMMEDIATE IMPOUNDMENT; E. NO MINIATURE PIG MAY WEIGH MORE THAN 200 POUNDS; F. ANY PERSON OWNING OR HAVING CHARGE, CARE, CUSTODY OR CONTROL OF ANY MINIATURE PIG SHALL KEEP SUCH PIG EXCLUSIVELY UPON HIS OWN PREMISES; HOWEVER, SUCH PIG MAY BE OFF SUCH PREMISES IF UNDER RESTRAINT OF A COMPETENT PERSON; AND G. THE MINIATURE PIG MUST BE KEPT IN AN ENCLOSURE THAT IS NO CLOSER THAN 30 FEET FROM THE FRONT PROPERTY LINE, 15 FEET FROM ANY SIDE OR REAR PROPERTY LINE, AND NO CLOSER THAN 35 FEET FROM ANY DWELLING UNIT OTHER THAN THE DWELLING UNIT ON THE SUBJECT LOT. (3) HORSES, CATTLE, SHEEP AND GOATS. THE NONCOMMERCIAL KEEPING OF HORSES, CATTLE, SHEEP, AND GOATS SHALL COMPLY WITH THE FOLLOWING STANDARDS: A. LOTS OR PARCELS SHALL BE MORE THAN 20,000 SQUARE FEET IN AREA AND 100 FEET IN WIDTH; B. SUCH ANIMALS MUST BE KEPT, FED, AND MAINTAINED NOT LESS THAN 50 FEET FROM ANY RESIDENCE; C. TWO SUCH ANIMALS MAY BE KEPT ON EACH 20,000 SQUARE FEET UP TO ONE ACRE AND TWO SUCH ANIMALS FOR EACH ADDITIONAL ACRE, EXCEPT WITHIN THE R -R ZONE (SEE SUBSECTION (B)(3)D OF THIS SECTION); D. WITHIN THE R -R ZONE, SUCH ANIMALS ARE NOT TO EXCEED FIVE PER ACRE. (C) POULTRY. CROWING FOWL (INCLUDING CHICKENS, PEAFOWL AND GUINEA FOWL). THE KEEPING OR RAISING OF MALE AND FEMALE CROWING FOWL SHALL COMPLY WITH THE FOLLOWING STANDARDS: (1) MAXIMUM CROWING FOWL PER LOT. MAXIMUM NUMBER OF CROWING FOWL LOT SIZE 4 MATURE FEMALE CROWING FOWL 7,200 TO 39,999 SQ. FT. 12 MATURE FEMALE CROWING FOWL 40,000 SQ. FT. OR MORE 50 MATURE FEMALE AND 10 MALE CROWING FOWL 5 ACRES OR MORE (2) CROWING FOWL SHALL BE KEPT IN AN ENCLOSED AREA LOCATED NOT LESS THAN 20 FEET FROM ANY PROPERTY LINE AND NOT LESS THAN 50 FEET FROM ANY RESIDENCE AND SHALL BE MAINTAINED ON THE REAR PORTION OF THE LOT IN CONJUNCTION WITH A RESIDENTIAL USE. REFER TO CHAPTER 120.01 FOR CROWING FOWL PERMIT REQUIREMENTS. (D) SMALL ANIMALS. RABBITS, FISH, FROGS, GUINEA PIGS, PARAKEETS, CHINCHILLAS, POULTRY, CROWING FOWL (CHICKENS ONLY) OR OTHER SIMILAR SMALL FOWL OR ANIMALS. THE RAISING OR BREEDING SHALL COMPLY WITH THE FOLLOWING STANDARDS IF A LOT IS ONE ACRE OR MORE: (1) ANIMALS MAY BE KEPT FOR THE USE OF THE OCCUPANTS OF THE PREMISES ONLY; (2) ANIMALS MUST BE KEPT AND MAINTAINED IN AN ENCLOSED AREA, LOCATED NOT LESS THAN 20 FEET FROM ANY PROPERTY LINE, AND AT LEAST 50 FEET FROM ANY RESIDENCE EXISTING AT THE TIME SUCH USE IS ESTABLISHED. (E) RESIDENTIAL BEEKEEPING. THE RAISING, BREEDING, AND MAINTENANCE OF DOMESTIC HONEY BEES (APIS MELLIFERA SPECIES) IN RESIDENTIAL ZONES SHALL COMPLY WITH THE FOLLOWING STANDARDS: (l) RESIDENTIAL BEEKEEPING SHALL MEAN THE KEEPING OR MAINTENANCE OF BEES AS AN ACCESSORY USE. (2) ANY BEEKEEPERS IN A RESIDENTIAL ZONE SHALL OBTAIN A RESIDENTIAL BEEKEEPING PERMIT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT. (3) Each residential lot shall have no more than four (4) bee boxes. (4) BEE BOXES SHALL NOT EXCEED SIX FEET IN HEIGHT. (5) BEE BOXES MUST BE CONTINUOUSLY OCCUPIED BY BEES UNDER THE CONTROL OF THE PERMIT HOLDER. (6) Hives shall be located on the property in the following manner: a. Bee boxes shall be located in a rear yard. b. Bee boxes location shall be secured from unauthorized access. c. Bee boxes shall be screened so that they cannot be seen from an adjacent public street. (7) It is declared a public nuisance to keep bees in a manner that through action or inaction allows for any of the following conditions to occur: a. Bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties. b. Bees swarm and are not contained or relocated by the owner of the bees as quickly as possible, but no more than three days. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) § CITY OF EASTVALE ) I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 19-07, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 28th day of August, 2019, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 11 th day of September, 2019, by the following vote: AYES: Council Members Lorimore, Tessari, Yow, and Mayor Rigby NOES: ABSENT: Mayor Pro Term Plott ABSTAIN: Marc A. Donohue, MC City Clerk