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CC SR 20241001 02 - MC Number of Permitted Cats and Dogs CITY COUNCIL MEETING DATE: 10/01/2024 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to amend Section 6.04.040 of the Rancho Palos Verdes Municipal Code (RPVMC) to increase the number of dogs and cats permitted on a residential lot. RECOMMENDED COUNCIL ACTION: (1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 6.04.040 (NUMBER OF DOGS AND CATS ALLOWED) OF CHAPTER 6.04 (GENERAL PROVISIONS), OF TITLE 6 (ANIMALS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE NUMBER OF DOGS PERMITTED ON A RESIDENTIAL LOT FROM THREE TO FOUR AND INCREASE THE NUMBER OF CATS PERMITTED ON A RESIDENTIAL LOT FROM THREE TO FIVE FOR CONSISTENCY WITH LOS ANGELES COUNTY CODE PROVISIONS. FISCAL IMPACT: There is no fiscal impact with the proposed code amendment. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Victoria Powers, Code Enforcement Officer REVIEWED BY: Brandy Forbes, AICP, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance No. ___ (page A-1) BACKGROUND: The City of Rancho Palos Verdes has a service contract with the Los Angeles County Department of Animal Care and Control (DACC) to provide animal care and control services for the City. Services include, but are not limited to, pet licensing, low-cost spaying and neutering, low-cost vaccinations, dead/injured animal pickup, stray animal 1 CITYOF RANCHO PALOS VERDES pickup and patrol, investigation of cruelty complaints, investigation of dangerous/aggressive dogs, and complaints of excessive barking or animal noise. On October 24, 2017, the Los Angeles County Board of Supervisors voted to adopt Ordinance No. 2017-0043, which amended the Los Angeles County Code of Ordinances Section 10.20.038 (Residential Dogs and Cats – Limitations). The amended ordinance took effect on November 23, 2017 and limits up to four dogs and up to five cats at any residence without an animal facility license. RPVMC Section 6.04.040 (Number of dogs and cats allowed), which was last updated in 1998, limits for up to three dogs and three cats on a residential lot, which is inconsistent with Los Angeles County Ordinance No. 2017-0043. Tonight, the City Council is requested to consider approving for introduction a proposed ordinance to update the City’s code to align with Los Angeles County Code of Ordinances. DISCUSSION: This code amendment proposes to increase the number of dogs and cats permitted on a residential lot in the City to be consistent with the number currently permitted in Section 10.20.038 of the Los Angeles County Code of Ordinances. More specifically, the code amendment proposes to increase the number of dogs permitted up to four and cats up to five. The proposed amendment to this chapter is summarized below with deleted text in strikethrough and new text in bold/underline. 6.04.040 – Number of dogs and cats allowed. No person shall be permitted to keep in excess of three four dogs and three five cats on any residential lot within the city. Consistency between the two codes will streamline services provided by DACC with respect to dog licensing enforcement and responding to complaints of animal noise. In addition, increasing the number of dogs and cats that may be permitted on a residential lot in the City may alleviate overcrowding in local animal shelters by providing an avenue for residents to welcome additional pets into their homes. ADDITIONAL INFORMATION: Environmental Assessment The proposed code amendments to Title 6 (Animals) of the RPVMC are exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(2), in that it constitutes general policy and procedure making; (2) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in a physical change to the environment, either directly or indirectly; and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result 2 in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3) since it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment. CONCLUSION: Staff recommends the City Council consider approving for introduction the attached ordinance to increase the number of dogs permitted on a residential lot from three to four and increase the number of cats permitted on a residential lot from three to five for consistency with Los Angeles County code provisions. If introduced this evening, the second reading of the ordinance will occur at the October 15 meeting, and the new ordinance will go into effect thirty days after the seconding reading ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify text modifications to the proposed ordinance language, and direct Staff to return at the next available meeting to incorporate comments made to develop and refine the proposed code amendment. 2. Do not approve the proposed code amendment. 3. Take other action, as deemed appropriate. 3 Ordinance No. ____ Page 1 of 3 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 6.04.040 (NUMBER OF DOGS AND CATS ALLOWED) OF CHAPTER 6.04 (GENERAL PROVISIONS) OF TITLE 6 (ANIMALS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE NUMBER OF DOGS PERMITTED ON A RESIDENTIAL LOT FROM THREE TO FOUR AND INCREASE THE NUMBER OF CATS PERMITTED ON A RESIDENTIAL LOT FROM THREE TO FIVE FOR CONSISTENCY WITH LOS ANGELES COUNTY CODE PROVISIONS. WHEREAS, the Los Angeles County Department of Animal Care and Control provides services to the City of Rancho Palos Verdes, which include but are not limited to, pet licensing, low-cost spaying and neutering, low-cost vaccinations, dead/injured animal pickup, stray animal pickup and patrol, investigation of cruelty complaints, investigation of dangerous/aggressive dogs and complaints of excessive barking or animal noise; and WHEREAS, Section 6.04.040 (Number of Dogs and Cats Allowed) of the Rancho Palos Verdes Municipal Code currently limits up to three dogs and up to three cats at any residential lot; and WHEREAS, in contrast, Section 10.20.038 (Residential Dogs and Cats – Limitations) of the Los Angeles County Code of Ordinances allows up to four dogs and up to five cats at any residence without an animal facility license ; and WHEREAS, consistency between the two codes to allow the same number of dogs and cats on a residential property in the City of Rancho Palos Verdes would result in streamlined services provided by the Los Angeles County related to dog licensing enforcement and responding to complaints of animal noise ; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The facts set forth in the Recitals are true and correct and are incorporated herein by reference. Section 2. Section 6.04.040 (Number of dogs and cats) of Chapter 6.04 (General Provisions) of Title 6 (Animals) is amended to read as follows: 6.04.040 – Number of dogs and cats allowed. No person shall be permitted to keep in excess of four dogs and five cats on any residential lot within the city. A-1 Ordinance No. ____ Page 2 of 3 Section 3. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(2), in that it constitutes general policy and procedure making; (2) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change to the environment, either directly or indirectly; and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. A-2 Ordinance No. ____ Page 3 of 3 PASSED, APPROVED and ADOPTED this 1st day of October 2024. ______________________________ John Cruikshank, Mayor ATTEST: _______________________ Teresa Takaoka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; and that the foregoing Ordinance No. ___ was introduced by the City Council of said City at a regular meeting thereof held on October 1, 2024, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________________ City Clerk A-3