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PCRES 1993-002PLANNING COMMISSION RESOLUTION 93-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL TO AMEND CHAPTER 9.117 TITLED "OVERLAY ZONE FOR EQUESTRIAN USES ON SMALLER LOTS" IN THE ZONING CHAPTER OF THE LA QUINTA MUNICIPAL CODE CASE NO. ZONING ORDINANCE AMENDMENT 92-029 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12th and 26th days of January, 1993, hold a duly -noticed Public Hearing to recommend to the City Council the amendments to Chapter 9 regulating the keeping of horses within specific areas of the City; and, WHEREAS, said Zoning Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" in that the Planning Director has determined that the Zoning Amendment will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact is recommended; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Commission did find the following facts and reasons to justify the recommendation for approval of said Text Amendment: 1. The proposed amendment to the Overlay Zone for Equestrian Uses on Smaller Lots are generally compatible with the goals and policies contained in the La Quinta General Plan. 2. That the proposed amendments will not significantly impact the environment. 3. That any environmental impacts resulting from the adoption of said amendment will be mitigated by existing measures to a level of insignificance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case; 2. That it does hereby confirm and certify the conclusion of Environmental Assessment No. 92-243 that the proposed Text Amendment will not result in any significant advise effects and that a Negative Declaration should be adopted; RESOPC.049/CS -1- 3. That it does hereby recommend approval to the City Council of the above described Zoning Ordinance Amendment for the reasons set forth in this Resolution and as illustrated in Exhibit "A" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 26th day of January, 1993, by the following vote, to wit: AYES: Commissioners Mosher, Ellson, Marrs, Adolph and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None rzz't— KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: i JERRY RMAN, Planning Director !City o La Quinta, California RFSnPC.049/CS -2- CHAPTER 9.117 - OVERLAY ZONE FOR EQUESTRIAN USES ON SMALLER LOTS 9.117.005 Purpose 9.117.010 Where Permitted 9.117.020 Permitted Uses 9.117.030 Prohibition 9.117.040 Development Standards 9.117.050 Review/Approval Process 9.117.005. PURPOSE: The Equestrian Overlay District is intended to permit the keeping of horses (stabling and riding) for personal recreational pleasure of City residents, on lots not smaller than one (1) acre. 9.117.010. WHERE PERMITTED: Whenever it is placed on the official Zoning Map, the designation "Equestrian Overlay District" shall be indicated after the zoning designation of the area over which it is placed, and the regulations of said "Equestrian Overlay Zone" shall apply in addition to the regulations of the principal zoning designation of the area to which it is applied. Whenever a use is permitted in said "Equestrian Overlay Zone", said use shall be permitted in addition to the uses otherwise allowed in the zoning designation over which it is placed. 9.117.020. PERMITTED USES: Uses permitted in the "Equestrian Overlay Zone" shall be as follows: A. Any use permitted in the underlying zone. B. The keeping of horses, (including ponies or llamas) for personal uses as well as breeding, the boarding of horses for the purpose of breeding, training, riding lessons, or boarders personal pleasure. Up to two horses shall be allowed on a minimum one acre parcel. For each subsequent acre, up to five horses per acre shall be allowed. Foals under one (1) year of age shall not be counted in the maximum number of horses permitted. C. Accessory buildings and uses; including stables, corrals, barns, tack rooms, hay barns, and other buildings and uses customarily appurtenant to the permitted use. DOCLB.003 1 D. Farm projects (Future Farms, 4-H or similar projects) conducted by the occupants of the premises. Such projects shall involve only the permitted type and number of animals by this ordinance being trained in connection with the education of a person as a member of a recognized farm education organization. E. Caretakers and employee housing for on -site employment, providing that the unit does not exceed 1,000 square feet and the second unit observes the setbacks in the underlying zone. 9.117.030, PROHIBITION: A person shall not keep or maintain any of the following animals: A. Pigs, swine, and other omnivorous hoofed animals. B. Any unaltered male horse (stallion) over the age of two years, unless the property owner submits to the Planning and Development Department a letter from a qualified veterinarian certifying that: 1. The veterinarian has inspected the stable enclosure that will house the horse; and, 2. That the enclosure fencing is of adequate height and strength so as to securely confine the horse; and, 3. That the property size is large enough to provide ample stabling and exercise room for the stallion. C. Cattle or bovine animals. 9.117.040. DEVELOPMENT STANDARDS: A. Accessory structures, including barns shall be limited to two stories in height and a maximum of thirty-five feet, measured from the pad elevation. B. Stalls, barns, corrals, and the storage (temporary) of manure shall be 20-feet from any property line. C. Pasture areas shall consist of fences at least four feet high and of such construction as to confine the animals. Corral fences which are on boundary lines or are adjoining and running parallel to private streets or bridle trails, shall be three -rail, with a minimum height of four (4) feet from grade, and with posts spaced not more than ten (10) feet apart. All posts shall be 4" X 6" minimum with 2" X 6" minimum rails. DOCLB.003 2 Fencing requirements of this section supersede requirements found in Chapter 9.204 (Walls, Fences, and Landscaping) and Chapter 9.32 (R-1 Development Standards) for properties keeping horses within the Equestrian Overlay Zone. D. The pasture and stable areas shall be regularly sprinklered or otherwise treated to a degree so as to prevent the emanation of dust, and in addition, all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies. Open stable/pasture areas shall be subject to the requirements of Title 13, Chapter 13.52 (Fugitive Dust Control) whenever applicable. E. Removal of manure must occur on a regular basis so as to promote the health, safety, and welfare of residents and visitors to the area by one of the following methods: 1. Stalls: Must be cleaned on a daily basis. Manure is to be placed within an enclosed container, e.g. three yard bin, expressly for this purpose, and setback a minimum of 20 feet from any perimeter property line and shall be removed from the property within seven (7) days; or taken to an area on the property that is dragged, mixed and watered with the soil on a weekly basis. 2. Pastures: Must have manure removed or dragged, mixed and watered with the soil on a weekly basis. 3. Any condition that results in odors, unsightly areas or infestation shall be deemed a public nuisance and/or health hazard and shall be abated within seven (7) days of proper notice. All violations are subject to enforcement provisions of Chapter 9.236 of the Municipal Code, and County Health Codes. F. Horses shall be maintained in a fenced corral area containing at least eight hundred (800) square feet for the first horse, and for each additional horse beyond one (1), an additional three hundred (300) square feet of total corral area shall be provided. 9.117.050. REVIEW/APPROVAL PROCESS: A. Accessory buildings, detached or attached, including employee houses, barns, tack rooms, hay barns, and similar buildings. 1. Up to 400 square feet for each structure to be reviewed by plot plan for approval by the Planning and Development Department. 2. Over 401 square feet to be reviewed by plot plan, by the Planning Commission. B. All other permitted buildings are subject to the process identified in the underlying zone. C. For any changes made to the Equestrian Overlay Zone District, the requirements of Chapter 9.228 of the Municipal Code shall be met. DOCLB.003 3