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Home My WebLink AboutMINUTES - 04281992 - H.2 TO: BOARD OF SUPERVISORS SE Contra _ + Victor J. Westman, County Counsel FROM: :'�' , 1 Costa April 28 Count , 1992 -�_"' Y DATE: rTa code SUBJECT: Extending Urgency, Ordinance regulating Multiple (four or more) Dog Keeping Activities SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Adopt the above Subject Urgency Ordinance extending prior Urgency Ordinance No. 92-19 in full force and effect to May 20, 1992 . 2 . Direct the Community Development Director to take the actions.,, specified in sections IX and X of the said Extend Urgency Ordinance. BACKGROUND: On March 17 , 1992, the Board adopted interim Urgency Ordinance No . 92-19 to 'regulate multiple dog keeping activities; which ordinance expires Apri1130, 1992 . On April 7 , 1992 Ordinance No. 92-25 was adopted for the same purposes and will become effective on or after May 6 , 1992 . In order to continue the appropriate regulations provided by Ordinance No . 92-19. in force until Ordinance No. 92-25 becomes effective, the above-Subject ordinance must be adopted. • �� CONTINUED ON ATTACHMENT:' YES SIGNATURE:A409 1i RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON April Zb' vjz! APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS x III I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development Dept. ATTESTED April 28 , 1992 Attn: Dennis Barry PHIL BATCHELOR,CLERK OF THE BOARD OF Animal Services Dept. SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator's Office _ Attn: John Gregory M382 (10/88) BY DEPUTY s I ORDINANCE NO. 92- 35 r. (Urgency Ordinance Extension on Dog Keeping) The Contra Costa County board of Supervisors ordains as follows: SECTION I. Extension. Pursuant to Government Code section 65858, Ordinance No'. 92-19 is hereby extended to May 20, 1992. In part, the measures taken to alleviate the conditions which led to the adoption of 'Ordinance No. 92-19 and this ordinance include the adoption of Ordinance No. 92-25. SECTION II.' Prohibitions . Without first obtaining a land (conditional) use p;'ermit pursuant to this ordinance or applicable provisions of the Contra Costa County Ordinance Code ( "Code" ) Authorizing such activities, no person shall on land and/or in a structure or dwelling own, harbor, maintain or keep more than three dogs .over the age of six months except as provided and permitted by this ordinance. SECTION III. Permitted Use. The keeping of twenty or less dogs over the age of six months is a permitted use in Contra Costa . County ( "County" ) Agricultural zoning districts (A-4, A-20, A-40 and A-80 when done:" (1 ) As pets.- (2) ets;(2) For showing in recognized dog shows, field trials or obedience trials; (3) For working and hunting; or (4 ) For improving the variety of breed in temperament or conformation with a view to exhibition in shows or trials or for use as working dogs in hunting. SECTION IV. Land Use Permit Procedure. Land use permits for the special uses specified in Section II of this ordinance may be considered, processed and granted in accordance with the provisions of chapters 26-2, 82-6 and (as applicable) 82-20 of the Contra Costa County Ordinance Code. SECTION V. Animal Services. All uses or activities which this ordinance authorizes by land use permit or otherwise permits, shall also only be established or maintained after full compliance with the provisions of division 416 of the Code. SECTION VI. Violations and Punishment. (a) Infraction. A violation of this ordinance is an infraction and punishable, upon conviction, for each and every 1 Ordinance No.. 92- 35 i J r 4 ' separate offense, in accordance with the provisions of chapter 14-8 of the ContraCosta County Ordinance Code. (b) Civil Enforcement. In addition to the penalties t provided in subsection (a) of this section, this ordinance may be enforced by civil action in accordance with the provisions of chapter 14-6 of said Code. SECTION VII. Definitions. The definitions in the Contra Costa County Ordinance Code govern the construction of this ordinance, unless the context otherwise requires. In the case of any conflict between the definitions of this ordinance and the Ordinance Code, this ordinance's definitions shall prevail. SECTION VIII. Urgency Declaration. This ordinance is an interim urgency measure authorized by state laws. The Board also finds that the establishment of any new multiple dog keeping land uses as permitted or by ;means of use permits, variances or licenses constitutes a current and immediate threat to the public health, safety, and welfare. The facts constituting the urgency are that there are presently proposals for increased multiple dog keeping in the unincorporated area. The County's Planning Agency is contemplating new land-use (and related licensing) regulatory measures for the unincorporated area. If these interim urgency provisions are not imposed, uses in conflict with the contemplated measures may result, irreversible uses may result to the detriment of the said area, and uses may occur which would frustrate any comprehensive land use regulations that may be adopted. SECTION I%. Report. At least ten days before the expiration of this extended ordinance, the Community Development Department is directed to file with the Clerk of the Board a written report describing the measures taken to complete the contemplated new land-use regulations and to alleviate the condition which led to the adoption of this ordinance. SECTION R. Environmental Assessment. (a) Pursuant to section 15061 of the State and County CEQA Guidelines, the Board finds and declares that this ordinance is exempt from CEQA for the following reasons: (1 ) This ordinance is not a "project" within the meaning of section; 15378 of the CEQA Guidelines, because the ordinance itself has no potential for resulting in a physical change in the environment. The purpose of this ordinance is to regulate, on an interim basis, the keeping of dogs . (2) This ordinance is categorically exempt from CEQA under section 15308 of the CEQA Guidelines. This ordinance is a regulatory action 'taken by the county in the exercise of its 2 Ordinance No. 92- 35 constitutional authority and in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending the preparation and adoption of new multiple dog keeping land-use regulations . ( 3 ) This ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (1 ) and ( 2) of this paragraph, it can be seen with certainty, and the Board finds, that there is no possibility that this ordinance will have a significant effect on the environment; therefore, this ordinance is not subject to CEQA. (b) The Community Development Director is directed to file a notice of exemption for this ordinance, in accordance with the provisions of section 15062 of the State CEQA Guidelines . SECTION XI . Conflict. In the case of any conflict between the provisions of Ordinance No. 92-25 and this ordinance, the provisions of Ordinance No. 92-25 shall prevail. SECTION XII. Effective Date. This ordinance becomes effective immediately upon passage and shall be operative through May 20, 1992, pursuant to Government Code section 65858 . Within fifteen days after passage,� this ordinance shall be published once with the names of Supervisors voting for and against it in the Contra Costa Times , a newspaper published in this County. PASSED ON April 28, 1992 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, McPeak NOES: None ABSENT: Stipervisor'!Schroder ABSTAIN:None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] VJW:df df10: a:\vjv\ord\dog 3 Ordinance No. 92-35