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Ordinance - 2039ORDINANCE NO. 2039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO PIGEON KEEPING • IN THE SINGLE-FAMILY RESIDENTIAL (R-1) AND RESIDENTIAL AGRICULTURAL (R-A) ZONES (CODE AMENDMENT NO. 289). WHEREAS, Code Amendment No. 289 is a City -initiated code amendment related to pigeon keeping in the "Single -Family Residential" (R-1) and "Residential Agricultural" (R-A) Zones; and WHEREAS, Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to establish specific operational, maintenance and design standards for keeping domestic homing pigeons on single-family residential properties; and WHEREAS, Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to require an administrative use permit for keeping of more than 24 domestic homing pigeons on single-family residential properties; and WHEREAS, on January 26, 1999, the Planning Commission held a study session related to pigeon keeping in the single-family residential zones; and WHEREAS, the Planning Commission directed staff to draft Code Amendment No. 289 to establish additional regulations pertaining to operation, maintenance and design of domestic homing pigeon keeping facilities and to establish and administrative permit review requirement for keeping of domestic homing pigeons; and WHEREAS, the Planning Commission, upon giving the required notice, did on the llth day of May, 1999, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 05-99-4552, recommending to the City Council adoption of an Ordinance approving Code Amendment No. 289; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Division, and other interested parties at a duly advertised public hearing on the 1 st day of June, 1999; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to modify the existing pigeon regulations for the "R-1" and "R-A" Zones. 2. Domestic homing pigeons have unique characteristics which distinguish them from the common pigeon and which warrants special consideration in the West Covina Municipal Code. 3. Domestic homing pigeons are typically characterized as a bird registered by a nationally recognized pigeon racing association, specially bred for racing and show with an intense bond to stay in it's loft/home and typically maintained in a very clean, healthful and good • physical condition. 4. The City's current pigeon keeping regulations allow a maximum of 24 common pigeons and a maximum of 60 domestic homing pigeons on a single-family residential lot. 5. The City's current pigeon keeping regulations do not include specific standards for keeping of homing pigeons or contain a permit requirement as recommended by the American Racing Pigeon Union and as found in other cities that make a distinction between common pigeons and domestic homing pigeons C:\ W IND0 W S\TEMP\ca289.doc Ordinance No.2039 CA-289 Pigeon Keeping Regulations Page 2 6. The lack of specific standards and permit review process to regulate as many as 60 homing • pigeons on a single-family residential lot has the potential to negatively impact the public health, safety, and/or welfare of the community by reasons, which include, but are not limited to: a. Defecation on neighboring properties. b. Disease due to unsanitary loft conditions. C. Rodent infestation due to unsealed food containers. d. Noise. 7. Establishment of specific standards for keeping homing pigeons will ensure that large numbers of homing pigeons will be maintained in a healthful manner and negative impacts on adjacent properties will be minimized. 8. Establishment of an administrative use permit requirement will provide a method to evaluate proposed homing pigeon keeping uses and monitor compliance with homing pigeon standards and conditions. NOW, THERFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 289 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 of the West Covina Municipal Code as follows: CHAPTER 26. ZONING Amend Section No. 26-391(e) (2) to read as follows: (2) Poultry (hens only in the R-1 zone) and pigeons, provided that not more than twenty-four (24) birds are maintained on any lot or parcel. (3) Domestic homing pigeons, in excess of twenty-four (24) birds and not more than sixty (60) birds on any lot or parcel, are subject to the approval of an administrative use permit and the standards listed below. Domestic homing pigeons are defined as members of the family Columbidae, and include "Racing Pigeons," "Fancy Pigeons," and "Sporting Pigeons" as defined by the American Racing Pigeon Union and can be identified by a numbered leg band issued by a recognized national or state pigeon organization or other organization recognized by the City of West Covina. • a. A detailed plan of the loft showing its location on the property and evidence of membership and/or certification by one of the above -mentioned organizations shall be submitted in conjunction with the administrative use permit application. b. The loft shall be of sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition. c. No loft structure shall be closer than ten (10) feet to any separate accessory building. C:\WINDOWS\TEMP\ca289.doc is • Ordinance No. 2039 CA-289 Pigeon Keeping Regulations Page 3_ d. Lofts and pigeons shall be not less than 35 feet from any habitable building and not less than 100 feet away from any school or hospital. e. All feed for pigeons shall be stored in sealed containers in a manner as to protect against intrusion by rodents and other vermin. f. No more than 30 pigeons shall be released for training and exercised at one time. g. The hours in which exercising/training may occur are limited by the administrative use permit. h. Each pigeon shall not be allowed out of its loft more than one time in a 24-hour period. i. Pigeons shall not be allowed out of their loft except for exercising/training or when being transported for a flight. j. Facilities and equipment shall be cleaned daily and maintained in a clean and healthy condition. k. No one shall release pigeons to fly for exercise, training or competition except in compliance with the following: i.) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood. ii.) Pigeons shall not be released for flying which have been fed within the previous four (4) hours. All pigeons shall be banded and registered with one of the national pigeon associations / registries. SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED on this 15" day of June 1999. ATTEST: y City Clem STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA 7&44MaEy0or C:\W INDOW S\TEMP\ca289.doc Ordinance No. 2039 CA-289 Pigeon Keeping Regulations Page 4 I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the • City Council on the 1" day of June 1999. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15th day of June 1999. • AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSENT: None U City Cler APPROVED AS TO FORM: City Attorney C A W INDO W S\TEMP\ca289. doc -