This chapter is intended to prescribe the procedure for filing applications for permits, licenses, appeals, amendments and approvals when required or permitted by this title. These provisions are intended to provide the framework by which applications will be determined to be complete and permitted to be filed. Table 16.12.030.B lists the various applications that are explained in more depth in Chapters 16.16 and 16.20. This chapter also discusses provisions regarding an individual's right to farm and right to keep animals.

(Prior code § 9-02.010)

Where requested by the applicant, or required by this title, a preapplication consultation may be held with the staff advisory committee, architectural review committee, planning commission and/or city council to obtain preliminary comments regarding a development project. A fee is charged for pre-application review and completion of a conceptual plan and pre-application form is required. The applicant should submit as much detailed information about the project as available.

(Ord. 573 Exh. A (part), 2005: prior code § 9-02.020)

A.

Who May File Application. Unless otherwise specified, applications for permits, licenses and approvals pursuant to Chapters 16.16 and 16.20 of this title may be made only by the affected property owner or the property owner's authorized agent.

B.

Application Forms. Requests for permits, licenses, appeals, amendments, approvals, and other actions required or permitted by this title, shall require that a planning application form filled out in its entirety (or written request as authorized by this title) be submitted to the planning director. In addition, any other materials, reports, dimensioned plans, or other information required to take an action on the application, as set forth in this title and application checklist, shall be submitted with the application. The application checklist of required items for each type of application is available at the planning department office. It is the responsibility of the applicant to ensure that all required information is provided.

C.

Determination of Completeness.

1.

No application shall be processed pursuant to this title prior to the determination by the community development director that the application is complete.

2.

A completed application shall consist of:

a.

The application form with all applicable information included on, or attached to, the form (including conflict of interest information);

b.

The additional information, reports, dimensioned drawings and other material required as set forth in this title and the application checklist;

c.

Any other information or forms required for implementation of the California Environmental Quality Act pursuant to State and Arroyo Grande Rules and Procedures for the Implementation of CEQA;

d.

Typed, gummed labels on eight and one-half inches by eleven (11) inch sheets listing the names, addresses, and assessors parcel number of all property owners within the required radius of the exterior boundaries of the subject property (see Table 16.12.030-A), along with copies of the applicable assessors parcel map book pages;

e.

Payment in full of the required fees for processing the application.

3.

The community development director shall determine the completeness of an application within the time period specified by state law after receiving a submitted application and associated information.

4.

If an application is deemed complete, the community development director shall notify the applicant in writing, with a copy to the project file. The application shall then be processed pursuant to the provisions of this title.

5.

If an application is deemed incomplete, the community development director shall return the application and accompanying submittal materials together with a letter outlining the reason(s) for the determination to the applicant. The information that must accompany a resubmitted application to make such application complete shall be listed in the letter. The determination of incompleteness made by the community development director may be appealed to the planning commission pursuant to the provisions of Section 16.12.150. The letter shall also indicate that in the event the applicant does not wish to resubmit the application, a request can be made to the financial services department within ninety (90) days of the date of the letter for a refund of fees in accordance with Table 16.08.030-A. Fees not requested for refund within this ninety (90) day period shall be forfeited to the city.

6.

The community development director shall determine in writing the completeness of the resubmitted application within the time period specified by state law, and transmit the determination to the applicant. If deemed complete, the application shall then be processed pursuant to the provisions of this Title. If the application is deemed to be incomplete, the applicant shall be notified as set forth in subsection (C)(5) of this section.

7.

If the community development director fails to make a determination as to completeness of an application or resubmitted application within the time period specified by state law, the application shall be automatically deemed complete and processed pursuant to the provisions of this title.

Table 16.12.030-A
Mailing Label Requirements
by Permit or Approval Type

* Projects within an approved planned development require an additional set of labels. Alternatively, the applicant shall pay a fee established by the city council resolution and have the city generate the required mailing labels.

Table 16.12.030-B
Permits, Licenses and Approvals

1 Does not include concurrent processing of applications as set forth in Section 16.12.070. If an application is within an approved planned development, the city council is the decision-making body.

2 Public hearing required if project is appealed.

8.

The statutory time periods for processing any applications pursuant to this title shall commence upon the date the application has been determined to be complete, with the exception of tentative maps. Time limits for processing tentative maps under the Subdivision Map Act shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the city that a project is exempt from the requirements of the California Environmental Quality Act.

(Ord. 573 Exh. A (part), 2005; Ord. 544 § 3 (part), 2003; prior code § 9-02.030)

The community development director may request the applicant to submit additional information in the course of processing the application if such information could not be anticipated as part of the original application. Such a request to clarify, amplify, correct, or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The community development director may request any additional information needed to prepare adequate environmental documentation pursuant to the California Environmental Quality Act and any applicable guidelines to implement CEQA.

(Prior code § 9-02.040)

No permit, license or approval shall be granted pursuant to this title prior to the completion and/or certification of applicable environmental documentation pursuant to the California Environmental Quality Act and the Arroyo Grande Rules and Procedures to Implement CEQA.

(Prior code § 9-02.050)

The city council shall, by resolution, establish and, from time to time, amend by resolution a schedule of fees and penalties for permits, licenses, appeals, amendments, and approvals required or permitted by this title to reimburse the city for all costs incurred as the result of its administration of the provisions of this title. If more than one application is being processed concurrently for a project, the application fee shall be equal to the amount of the highest fee of the applications being requested.

(Ord. 573 Exh. A (part), 2005: prior code § 9-02.060)

Where approval authority rests with the community development director for projects being processed pursuant to the provisions of this title, and one or more related cases with approval authority vested at the planning commission or city council are being processed concurrently, approval authority for all permits, licenses and approvals shall rest with the planning commission or city council, respectively; and the community development directors review shall be in the form of a recommendation to the planning commission or city council.

Where approval authority rests with the planning commission for projects being processed pursuant to the provisions of this title, and one or more related cases with approval authority vested at the city council are being processed concurrently, approval authority for all permits, licenses and approvals shall rest with the city council; and the planning commission's review shall be in the form of a recommendation to the city council.

(Prior code § 9-02.070)

Action on projects that require the preparation and certification of an Environmental Impact Report, that are exempt from the provisions of the California Environmental Quality Act or that require the adoption of a negative declaration shall be taken within the time limits set forth in state law.

An extension of the time limit for action on an application may be granted pursuant to applicable provisions of state law.

(Prior code § 9-02.080)

A decision that is subject to appeal shall not become effective for ten (10) consecutive calendar days following the action by the appropriate decision-making body in order to allow time for the filing of an appeal. For minor use permits reported to the planning commission per Section 16.12.155, the effective date of decision is ten (10) consecutive calendar days following the action by the community development director or the day after the decision is reported to the planning commission, whichever is greater.

(Ord. 573 Exh. A (part), 2005: prior code § 9-02.090)

Any application or conditions of approval that are approved by the planning commission or city council may be reconsidered by the approving body only if agreed to by a majority of the approving body. Following such consensus, the matter shall be set for review or public hearing in the same manner in which the original notice was given. The planning commission or city council may review and take action on all determination, interpretations, decisions, judgments, or similar actions taken on the application or project, and are not limited to the original reason stated for reconsideration.

(Prior code § 9-02.100).

In the event that information needed for the reasons shown below is not provided by the applicant within the time limits specified by this chapter, the city may deny a permit, license or entitlement for a development project. Information whose absence would constitute a reason for such a denial are:

A.

Information that is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document (Section 15109 of the State CEQA Guidelines);

B.

Information necessary to clarify, amplify, correct, or otherwise supplement the information required for the application; or

C.

Information without which the city's decision to approve a project would not be supported by substantial evidence.

Denial for the above reasons may be deemed by the city to be a denial without prejudice to the applicant's right to reapply for the same permit.

(Prior code § 9-02.110)

Following the denial of an application, no application for the same or substantially the sane use on the same site shall be filed within one year from the effective date of the denial unless denied without prejudice.

(Prior code § 9-02.120)

Unless otherwise specified, all permits, licenses and approvals granted pursuant to this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of home occupation permits and business licenses.

(Prior code § 9-02.130)

A.

Expiration of Approvals—Projects Not Subject to the Subdivision Map Act. Unless otherwise specified, all permits, licenses and approvals for projects not subject to the Subdivision Map Act shall lapse and become void two years from the approval date, unless a different expiration date is specifically established as a condition of approval to the extent permitted by law, and unless one of the following actions occur:

1.

A building permit is issued in compliance with the approved entitlement, and substantial construction is commenced and diligently pursued toward completion; or

2.

A certificate of occupancy is issued.

B.

Expiration of Approvals—Projects Subject to the Subdivision Map Act.

1.

Approved or conditionally approved tentative tract or parcel maps, including vesting tentative maps, shall expire two years following approval or conditional approval, unless an extension is approved pursuant to Subsection C of this section.

a.

Notwithstanding the provisions of subsection (B)(1) of this section, if the subdivider is required to expend one hundred twenty-five thousand dollars ($125,000.00) or more to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, as set forth in Section 66452.6 of the Subdivision Map Act, the tentative map shall be extended in compliance with Section 66452.6 of the Subdivision Map Act.

b.

Notwithstanding the provisions of subsection (B)(1) of this section, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.

c.

The maximum number of phased final maps which may be filed shall be determined by the planning commission at the time of the approval or conditional approval of the tentative map.

2.

The period of time specified above shall not include any period of time during which a development moratorium, imposed after approval of the tentative map and affecting the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.

C.

Extensions of Time.

1.

Authority. An extension of time may be issued for projects described in subsections A and B of this section. Approvals originally granted by the planning director may be extended by the planning director. Approvals for which the planning commission or city council has the authority to grant may only be extended by the final approving bodies.

2.

Submittal of Extension Requests.

a.

Extension requests for projects not subject to the Subdivision Map Act shall only be considered if the written request for the extension is filed with the community development director not less than thirty (30) days prior to the permit, license or approval expiration date.

b.

A subdivider may request an extension by written application to the community development director. Prior to the expiration of an approved or conditionally approved tentative map, and upon an application by the subdivider to extend that map, the tentative approval of the map shall automatically be extended for sixty (60) days or until the application for the extension is finally approved, conditionally approved, or denied, whichever occurs first.

3.

Time Limits on Extensions. Extensions may be granted in twelve (12) month increments and may not exceed a total of three years from the original date of expiration unless otherwise permitted by law.

4.

Circumstances Under Which Extensions May Be Granted. An extension of the approval of a project may be granted only if it is found that there have been no significant changes in the general plan, municipal code, or character of the area within which the project is located that would cause the approved project to be injurious to the public health, safety or welfare.

(Prior code § 9-02.140)

A.

Appeal of Action.

1.

Notwithstanding any other provision of this code, any approval, denial, suspension or revocation of a license, permit or entitlement referenced in Section 2.17.030(A)(2) or 16.08.060 of this code shall be subject to the appeal provisions set forth in this section.

2.

Any affected person may appeal a decision of the community development director or the architectural review committee to the planning commission. A decision of the planning commission on such appeal may be further appealed to the city council, whose decision shall be final.

3.

Any affected person may appeal a decision of the planning commission to the city council, whose decision shall be final.

4.

Once an appeal is filed, the appellate body's authority to review the decision being appealed is not limited to the original reason stated for the appeal. The planning commission or city council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken on the application or project, and are not limited to the reason stated for the appeal.

5.

Once an appeal is filed, it shall not be withdrawn except with the consent of the appropriate hearing body.

B.

Filing of Appeals.

1.

Appeals shall be in writing on a form obtained from the community development department (for appeals to planning commission) or city clerk (for appeals to city council). The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee and mailing labels for property owners within three hundred (300) feet of the project being appealed, unless otherwise provided in this title.

2.

An appeal of a community development director or architectural review committee action shall be filed with the secretary of the planning commission within ten (10) calendar days following the date of action for which an appeal is made or the date the action is reported to the planning commission on the consent agenda.

3.

An appeal of a planning commission decision shall be filed in the office of the city clerk within ten (10) calendar days following the date of action for which an appeal is made.

C.

Appeal Hearings. Public notice of an appeal hearing shall be given in the same manner as set forth for public hearings, Section 16.12.160. A hearing date shall be set within thirty (30) days of the filing of the appeal form and necessary materials. In hearing an appeal, the appeal body may affirm, affirm in part, or reverse or otherwise modify the previous determination that is the subject of appeal.

D.

Effective Date of Appealed Actions. While an appeal is pending, the establishment of any affected structure or use is to be suspended.

(Ord. 584 § 3, Exh. B (part), 2007; Ord. 544 § 3 (part), 2003; prior code § 9-02.150)

A notice of administrative decision for minor use permits, including any approvals, denials or referrals by the community development director, shall be reported on the planning commission agenda. A public hearing is not required unless an administrative decision is appealed or called up for review by the planning commission through a majority vote. The planning commission must specify the issues to be reviewed at the meeting at which the notice of administrative decision is presented to it. The planning commission shall hear and determine a decision that is called up for review in the same manner as an appeal per Section 16.12.150.

(Ord. 573 Exh. A (part), 2005)

A.

Purpose. This section defines procedures for conducting public hearings for applications when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title.

A public hearing shall be held prior to action by the planning commission or city council when required by state law or local ordinance, guidelines or policies.

B.

Notice of Hearings. The planning director is authorized to advertise and notice planning commission public hearings when required by this title. The city clerk is authorized to advertise and notice city council public hearings when required by this title. Notice of public hearings shall be given pursuant to applicable provisions of state law.

(Prior code § 9-02.160)

A.

Purpose and Intent. It is the purpose of this section to:

1.

Protect agricultural land uses and designations identified on the general plan and zoning map from conflicts with nonagricultural land uses that may result in financial hardship to agricultural operators or the termination of their operation;

2.

Promote a good neighbor policy between agriculturalists and residents by advising purchasers and residents of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence including, but not limited to, the sounds, odors, dust and chemicals that may accompany agricultural operations so that such purchasers and residents will understand the inconveniences that accompany living side by side to agriculture and be prepared to accept such problems as the natural result of living in or near agricultural areas.

It is the intent of the city council that no agricultural activity, operation or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality on nonagricultural land after the same has been in operation for more than three years if it was not a nuisance at the time it began.

B.

Applicability. "Agricultural land" means land use categories identified in the land use element, land zoned exclusively for agricultural use (as defined in Section 16.04.070), or, for the purposes of subsections C. D. and E, land in agricultural production.

C.

Policy. The city council finds that it is in the public's interest to preserve and protect agricultural land and operations within the city and to specifically protect these lands for exclusive agricultural use. The city council also finds that residential development adjacent to agricultural land and operations often leads to restrictions on farm operations to the detriment of the adjacent agricultural uses and economic viability of the city's agricultural industry as a whole. The purposes of this section, therefore, are to promote the general health, safety and welfare of the city; to preserve and protect for exclusive agricultural use those lands zoned for agricultural use; to support and encourage continued agricultural operations in the city; and to provide publicinformation regarding this section which outlines the inherent potential problems associated with living, purchasing and/or residing adjacent to agricultural lands. These potential problems include, but are not limited to the sounds, odors, dust and chemicals that may accompany agricultural operations.

D.

Public Information. Information concerning this section shall be made available by the city planning department, including the following notice:

The City of Arroyo Grande is an agricultural City with many areas zoned for and/or utilized for agricultural operations. The presence of farms yields significant aesthetic and economic benefits to the residents of the City. Thus, the City's agriculture must be protected, including areas where it is near residential development, and the City of Arroyo Grande has enacted an ordinance which provides that properly conducted agricultural operations will not be deemed a nuisance.

Accordingly, if the property you own, rent, or lease is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations:

Cultivation and tilling of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate dust, smoke, noise and odor.

The city is required to make information on section and its provisions available to the public upon request.

E.

Agricultural Buffer.

1.

In conjunction with general plan policies outlined in the agriculture, conservation and open space element, and specifically Objective Ag5, the city has determined that the use of property for agricultural operations is a high priority. To minimize potential conflicts between agricultural and nonagricultural land uses, including the protection of public health, the reduction of noise and odor, and the reduction of risk to farm operations from domestic animal predation, crop theft and damage and complaints from neighboring urban dwellers, all new development adjacent to any designated agricultural district shall be required to provide an agricultural buffer. "Development" as used in this section, means subdivision of land, use permits and building permits for new residential units.

2.

The buffer area shall be a minimum of one hundred (100) feet, measured from the edge of the designated agricultural district. Optimally, to achieve a maximum separation, a buffer wider than one hundred (100) feet is encouraged and may be required if it is determined through environmental review under CEQA and/or recommended by the San Luis Obispo County Agricultural Commissioner. A decreased buffer distance may be allowed if it can be demonstrated that a physical buffer exists (e.g. Arroyo Grande Creek) that is adequate and approved by the San Luis Obispo County Agricultural Commissioner.

3.

The minimum one hundred (100) foot agricultural buffer area shall be comprised of two components: a twenty (20) foot wide agricultural landscaped transition area contiguous to an eighty (80) foot wide agricultural buffer adjacent to the designated agricultural district. The twenty (20) foot transition area may include pedestrian access. The combined one hundred (100) foot agricultural buffer shall not qualify as farmland mitigation as required by Section 16.12.170.F.

4.

The following shall be permitted in the one hundred (100) foot agricultural buffer: native plants, tree or hedge rows, roads, drainage channels, storm retention ponds, natural areas such as creeks or drainage swales, utility corridors, storage, and any use, including agricultural or limited commercial uses, determined by the planning commission to be consistent with the use of the property as an agricultural buffer. No new residential use shall be permitted within the buffer area unless it is determined there would be no other economically viable use of the property. Restoration of a damaged residence within the buffer area may be pursued in accordance with Section 16.48.110.

5.

The one hundred (100) foot agricultural buffer shall be established by the developer pursuant to a plan approved by the community development director and the parks, recreation and facilities director. The plan shall include provisions for the use of integrated weed and pest management techniques and soil erosion control. An agreement in the form approved by the city attorney shall be recorded, which shall include the requirements of this section.

F.

Agricultural Land Conversion.

1.

The city shall require agricultural mitigation by applicants for discretionary entitlements which will subdivide or change the use of land zoned agriculture or agriculture preserve to any non-agricultural use.

2.

Agricultural mitigation shall be satisfied by:

a.

Granting an agricultural conservation easement, a farmland deed restriction or other agricultural conservation mechanism to or for the benefit of the city and/or a qualifying entity approved by the city. Mitigation shall be required for that portion of the land which no longer will be designated or zoned agricultural land, including any portion of the land used for park and recreation purposes, that will 1) permanently protect prime agricultural and prime soils from development; 2) or will benefit preservation of agricultural land and operations through other means as determined by the city council. At least as many acres of prime agricultural land shall be protected as was changed to a non-agricultural use within city limits, or up to two times as many acres of agricultural land shall be protected outside the city but within the city's area of environmental concern, as was changed to a nonagricultural use, in order to mitigate the loss of agricultural land; or

b.

In lieu of conserving agricultural land as provided above if the city council determines that the payment of in-lieu fees provide a superior opportunity to satisfy the goals and policies of the general plan, agricultural mitigation may be satisfied by the payment of a fee, established by the city council by resolution or through an enforceable agreement with the developer, based upon a farmland replacement factor of up to two-to-one (2:1) to be used for acquisition of a farmland conservation easement or farmland deed restriction. The in-lieu fee option must be approved by the city council. The fee shall be based upon current appraisal information for the acquisition of a conservation easement on replacement land plus all related city administrative and legal costs. The in-lieu fee, paid to the city, shall be used for farmland mitigation purposes, with priority given to lands with prime agricultural soils located within the city; or

c.

Other mitigation measures may be determined acceptable by the city council.

3.

It is the intent of this program to work in a coordinated fashion with San Luis Obispo County and state agencies, and, therefore, farmland conservation easement areas may overlap partially or completely with habitat easement areas approved by the state department of fish and game. Up to twenty percent (20%) of the farmland conservation easement area may be enhanced for wildlife habitat purposes as per the requirements of the state department of fish and game and/or San Luis Obispo County management programs; payment of appropriate maintenance, processing or other fees may also be required.

4.

Comparable Soils and Water Supply.

a.

To the greatest extent possible, the agricultural mitigation land shall be comparable in soil quality with the agricultural land whose use is being changed to nonagricultural use.

b.

The agricultural mitigation land shall have an adequate water supply to support agricultural use and the water supply on the agricultural mitigation land shall be protected in the agricultural conservation easement, the farmland deed restriction or other document evidencing the agricultural mitigation.

5.

Eligible Lands. The first priority for agricultural mitigation land shall be farmland located within city limits. The second priority for agricultural mitigation shall be farmland located adjacent to city limits, and the third priority, farmland located within the city's area of environmental concern, as shown in the 2001 General Plan. The criteria for preferred locations or zones for agricultural mitigation land shall be determined by the city council after receiving input from the planning commission and San Luis Obispo County Agricultural Commissioner. In making their determination, the following factors shall be considered:

a.

The preferred locations shall be compatible with the 2001 General Plan and the general plan of San Luis Obispo County.

b.

The preferred locations shall include comparable soil types to that most likely to be lost due to proposed development.

c.

Agricultural mitigation land consisting of contiguous parcels shall be preferred.

d.

Land previously protected by a conservation easement of any nature or kind is not eligible to qualify as agricultural mitigation land.

6.

Requirements of Instruments—Duration.

a.

To qualify as an instrument encumbering agricultural mitigation land, all owners of the agricultural mitigation land shall execute the instrument.

b.

The instrument shall be in recordable form and contain an accurate legal description setting forth the description of the agricultural mitigation land.

c.

The instrument shall prohibit any activity, which substantially impairs or diminishes the agricultural productivity of the land, as determined by the planning commission.

d.

The instrument shall protect the existing water rights and retain them with the agricultural mitigation land.

e.

The applicant shall pay an agricultural mitigation fee to pay the costs of administering, monitoring and enforcing the instrument in an amount determined by city council.

f.

Interests in agricultural mitigation land shall be held in trust by a qualifying entity and/or the city, in perpetuity. Except as provided in subsection (g) of this section, the qualifying entity or the city shall not sell, lease, or convey any interest in agricultural mitigation land which it shall acquire, except to continue agricultural uses in accordance with the encumbering instrument.

g.

If judicial proceedings find that the public interests described in Chapter 16.28 of this title can no longer reasonably be fulfilled as to an interest acquired, the interest in the agricultural mitigation land may be extinguished through sale and the proceeds shall be used to acquire interests in other agricultural mitigation land in San Luis Obispo County, as approved by the city and provided in this chapter.

h.

If any qualifying entity owning an interest in agricultural mitigation land ceases to exist, the duty to hold, administer, monitor and enforce the interest shall pass to the city or its designee.

i.

Each qualifying entity shall monitor lands and easements it acquires under this chapter and shall review and monitor the implementation of the management and maintenance plans for these lands and easement areas.

7.

Violation.

Any person or entity who violates any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding the maximum prescribed by law. In addition, any person or entity who violates any provision of this chapter shall be liable to the transferee of the property for actual damages.

(Ord. 550 § 3, Exh. B (part), 2003; Prior code § 9-02.170)

(Ord. No. 623, § 2(Exh. A), 5-25-2010)

A.

Purpose and Intent.

1.

As development occurs within the city, new residential, commercial and other construction will locate adjacent to residential uses where the pre-established right to keep animals, in accordance with the provisions of this title may become the subject of nuisance complaints and/or litigation.

2.

To conserve and protect the continued right to keep animals in accord with the provisions of this title, this section is provided to limit the circumstances under which such legal right may be deemed to constitute a nuisance. The intent is to balance those rights with the rights of non-animal residential uses who own, occupy or use land adjacent to such existing animal oriented residential uses.

B.

Applicability. The right to keep animals as herein provided shall apply to the keeping of animals within residential districts and all other legal right to keep animals existing at the time of adoption of this title.

C.

Policy.

1.

The noncommercial keeping of animals, whether established in accord with this title or legally pre-established prior to its adoption, shall not be or become a nuisance, private or public, due to any changed condition in or about the locality of existing residential uses legally vested within that right.

2.

This section shall not invalidate any provision contained in the Health and Safety Code, or any other applicable city or county ordinance provisions, whether adopted prior or subsequent to the adoption of this title, if the keeping of animals as discussed herein constitutes a nuisance, public or private, as specifically defined or described in any such provision.

3.

This section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of city ordinances and regulations.

(Prior code § 9-02.180)