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Declare ordinance amending the Long Beach Municipal Code, by repealing Section 21.51.210 of the Zoning Code to remove the provisions that currently regulate the number, and maintenance, of household pets that may be kept by a residential household, read the first time and laid over to the next regular meeting of the City Council for final reading; and
DISCUSSION
On January 21, 2019, the City Council directed staff to prepare an Ordinance increasing the number of allowable household pets from four to six. The proposed change is part of the recommended regulatory changes supporting the Long Beach Animal Care Services (LBACS) implementation of the Compassions Saves operational model that calls for proactively managing the number of dogs and cats in the City’s care. Matters related to animal care are not generally established within the Zoning Code. However, the standards related to the number of household pets is currently set forth within Zoning Code (Title 21) of the Long Beach Municipal Code (LBMC). In accordance with the LBMC, the Planning Commission considered the proposed Zoning Code Amendment at a public hearing on February 20, 2020, and recommended (with two Commissioners absent - 5-0) that the City Council approve the proposed Zoning Code Amendments (Attachment A - Findings).
Amend and Relocate Household Pet Regulations
The LBMC, Section 21.51.210, establishes a limitation on household pets to no more than four weaned household pets allowed at one site. The proposed amendment repeals the regulations of household pets within Title 21 of the Zoning Code.
The proposed amendment adds new regulations pertaining to the number of household pets to Title 6, under Chapter 6.16, Animal Regulation. The regulation of household pets is primarily a licensing matter, as opposed to an issue of land use, and is more appropriately located within Title 6, which is administered by Animal Care Services. The proposed regulation will increase the number of weaned pets allowed to six at a site.
The Planning Commission recommended approval of the proposed amendments, and concurred with the assessment that the regulation of household pets is not fundamentally a matter of land use. Rather they are a matter for licensing and permitting, which is not customarily subject to the Planning Commission’s authority. In addition, the proposed change is not in conflict with the General Plan.
Pursuant to the California Environmental Quality Act (CEQA), Article 5, Section 15061 and the State CEQA Guidelines, it can be seen with certainty that the modifications noted above to the LBMC will not have a significant effect upon the environment, and therefore are not subject to CEQA.
TIMING CONSIDERATIONS
Pursuant to Section 21.25.103 of the Zoning Regulations, this request must be presented to the City Council within 60 days of the Planning Commission hearing, which took place on February 20, 2020. City Council action is requested on May 12, 2020, which is beyond the usual timeframe prescribed for hearing recommendations but was the first hearing date available.
FISCAL IMPACT
This recommendation has no staffing impact beyond the budgeted scope of duties and is consistent with existing City Council priorities. There is no fiscal or local job impact associated with this recommendation.
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Respectfully Submitted,
LINDA F. TATUM, FAICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
THOMAS B. MODICA
ACTING CITY MANAGER