Chapter 20.263

The Equestrian Overlay Zone (E) may be applied as an additional zone classification to land zoned Single-Family Residential (R-1) in Olinda Village (see map in the Appendix to this title). [16 ] In addition to the development standards in this chapter, areas zoned E shall be subject to compliance with the base zone development standards and issuance of a city-approved building permit, as applicable, for any proposed structures associated with equestrian use. The intent of the Equestrian Overlay Zone is to address the unique requirements associated with the keeping of horses in rural areas where the keeping of horses has traditionally been allowed, for private, noncommercial, use on the Single-Family Residential (R-1) properties of Olinda Village meeting the requirements of this chapter, and in a manner conducive to the public health, safety, and general welfare.

(Ord. 1173, 3-18-2014)

The provisions of the underlying zone to which this supplemental zone is added shall apply. (Ord. 1173, 3-18-2014)

The provisions of the underlying zone to which this supplemental zone is added shall apply. (Ord. 1173, 3-18-2014)

The following development standards shall apply to the keeping of horses in the Equestrian Overlay Zone:

• A. Lot area and width.

  1. Each lot shall have a minimum area of one (1) acre (43,560 square feet).

  2. Each lot shall have a minimum street frontage of thirty (30) feet.

• B. Lot size and horse allocation.

  1. Minimum lot area required is one (1) acre (43,560 square feet) with a maximum of four (4) horses for private use permitted so long as they do not constitute a nuisance and are provided with adequate shelter, food, care, and sanitary facilities as required by this chapter.

  2. One (1) additional horse for every 15,000 square feet shall be permitted so long as they do not constitute a nuisance and are adequately provided with shelter, food, care, and sanitary facilities. When computing the additional horses permitted above one (1) acre (43,560 square feet), the horse allocation may be rounded up to the next whole number if the calculation results in a fractional number.

16. Editor's Note: The Appendix: Olinda Village Neighborhood Map is included as an attachment to this title.

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City of Brea, CA

ZONING CODE

§ 20.263.040

§ 20.263.040

3. Equine born at permitted facilities shall not be counted in the allotted horse allocation until it exceeds one (1) year of age.

• C. Setbacks.

  1. Structures used for the housing of horses shall be:

     • a. One hundred (100) feet minimum from any adjacent building used for human habitation not on the subject site.

     • b. Fifty (50) feet minimum from any building utilized for human habitation on the same property.

     • c. Twenty-five (25) feet minimum from any property line.

  2. Pastures and exercise areas for horses shall be:

     • a. Seventy-five (75) feet minimum from any adjacent building used for human habitation not on the subject site.

     • b. Thirty-five (35) feet minimum from any building utilized for human habitation on the same property.

     • c. Twenty-five (25) feet minimum from any property line.

• D. Walls, fences, gates. A fence, wall or similar enclosure of a minimum height of six (6) feet above ground shall enclose an area utilized for the maintenance of the horse(s) and shall be constructed as to prevent their escape. Gates providing access to the area of horse keeping shall be kept closed and secure when said area is unattended.

• E. Other criteria.

  1. The equine use shall be for private, non-commercial, use of the property owner.

  2. No horse-related structures or facilities shall be allowed in front yard areas.

  3. The property owner shall provide a separate trash receptacle(s) for the proper storage of horse waste on-site and a plan conveying a regular schedule for the removal of said waste from the property in compliance with local and county health and safety codes.

  4. Compliance with the provisions of Cal. Penal Code § 597 (California’s animal abuse law) for the protection and prevention of cruelty to any horse shall be maintained at all times.

5. The provisions of this chapter shall govern over any inconsistent provisions contained in Title 6 of this code.

• F. Notwithstanding any other provision of this chapter or code, every person temporarily or permanently owning, sheltering, keeping, housing, possessing, maintaining, caring for, or legally responsible to care for, any horse within the Equestrian Overlay Zone, shall at all times comply with the most current edition of the “Minimum Standards of Horse Care in the State of California,” published by the Center of Equine Health, School of Veterinary Medicine, University of California, Davis. In addition to any and all other penalties and remedies for violation of this chapter or code, any such violation shall be grounds for denial or revocation of a conditional use permit or any other approval applied for or issued

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City of Brea, CA

BREA CODE

§ 20.263.040

§ 20.263.050

pursuant to this chapter. A copy of the foregoing “Minimum Standards of Horse Care” is available for review at the City of Brea Planning Division.

(Ord. 1173, 3-18-2014)

• A. Procedure; minor applications. Minor applications are applications to construct a structure not otherwise prohibited by any provision of this code, on a lot at least one (1) acre and up to five (5) acres in area, submitted after April 19, 2014, the effective date of this chapter, and where such structure is. The property owner shall submit an application for building permit review and approval evidencing compliance with § 20.263.040. The building permit shall be reviewed and approved by the Community Development Department and a permit obtained prior to issuance of final granting of the use at the new location.

• B. Procedure; major applications. Major applications are proposals to construct an equestrian facility not otherwise prohibited by any provision of this code, on a site more than five (5) acres in area, submitted after the effective date of this chapter. These applications shall be subject to conditional use permit approval. All procedures regarding conditional use permit approval of equestrian facilities in the Equestrian Overlay Zone, and/or the revocation or modification thereof, shall be governed by procedures and requirements related to conditional use permits set forth in § 20.408.030, as amended from time to time. In addition to the application requirements in § 20.408.030, the application for a conditional use permit in the Equestrian Overlay Zone shall include:

  1. A boundary survey map of the property. (A tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property.)

  2. Existing topography of the development area shall be shown with contours at not more than two (2) foot intervals.

  3. The gross land area of the development and the zoning classification and existing land use on all adjacent properties, including the location of structures and other improvements thereon.

  4. A general development plan in compliance with § 20.263.040 (General Development Standards) and the following details shown to scale and dimensioned:

     • a. Location and use or uses proposed for each existing and each proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances.

     • b. Location and use for any proposed structures related to the keeping of horses or horse activities.

     • c. All existing and proposed storage, curb cuts, driving lanes, parking areas, and loading areas.

     • d. All pedestrian walks, open areas, any horse arena and trails for the use of occupants of the proposed development or the public.

     • e. Types of surfacing proposed for all walks, driveways, any horse arena and trails.

     • f. A detailed plan for the landscaping of the development, including the location

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City of Brea, CA

ZONING CODE

§ 20.263.050

§ 20.263.050

and heights of all proposed walls, fences and screen planting, and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained in compliance with Ordinance No. 1134.

• g. A grading plan for the entire development.

  - h. All existing or proposed physical features such as hydrants, utility facilities, flood lights, drainage facilities and recreation facilities, and a statement setting forth the method by where these features shall be preserved and maintained. 
  
  - i. Any additional drawings or information as may be required by the Planning Commission. 
  

  5. Plans and elevations of all structures indicating proposed architectural type and materials of construction.

  6. Adequate information necessary for the city and applicant to comply with all requirements of the California Environmental Quality Act (CEQA) and the guidelines thereunder.

• C. Planning Commission authority.

  1. The Planning Commission shall have the authority to review major applications, as an administrative act, subject to the provisions of this Section, to require conditions of development in addition to those required by the zone where it is determined that such conditions are necessary to maintain consistency with, and/or further the objectives of the General Plan; are necessary to maintain harmony with the intent, purpose and spirit of this chapter; and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.

  2. Any condition of approval established by the Planning Commission in accordance with this section may be appealed to City Council.

• (Ord. 1173, 3-18-2014)

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City of Brea, CA

ZONING CODE

§ 20.264.010

§ 20.264.040