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HomeMy WebLinkAboutOrd 20151 ORDINANCE NO. 2015 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 9.04, “ANIMALS,” OF TITLE 9 OF THE BURLINGAME MUNICIPAL CODE, REGARDING THE NUMBER OF ALLOWABLE CATS AND DOGS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378 AND 15061(b)(3) WHEREAS, currently Chapter 9.04 of Title 9 of the Burlingame Municipal Code limits the number of allowable dogs (maximum of two) and cats (maximum of three) on any premises; and WHEREAS, currently Chapter 9.04 of Title 9 of the Burlingame Municipal Code provides for the City Council to conduct a hearing to consider petitions for keeping more than the allowable number of dogs or cats; and WHEREAS, the City Council wishes to amend Chapter 9.04 of the Burlingame Municipal Code to allow the City Manager or designee the authority to approve permits for keeping more than the maximum allowable number of dogs and cats. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. Amending Chapter 9.04 of Title 9 of the Burlingame Municipal Code Chapter 9.04 or Title of 9 of the Burlingame Municipal Code is amended to read as follows. Additions are in underline text. Deletions are in strikethrough text. Provisions not otherwise delineated remain unchanged. a)Section 9.04.040 of Chapter 9.04 of Title 9 of the Burlingame Municipal Code is deleted in its entirety and replaced with the following: 9.04.040 Number of Dogs and Cats on Premises Limited. It is a public nuisance for any person, firm or corporation to have, keep or maintain or cause to be kept or maintained on any premises with the City, more than a total of five (5) cats and / or dogs, or a combination thereof, either male or female, of four (4) months and DocuSign Envelope ID: 6A2C12FD-4731-49D9-B9F4-E955636B157A 2 b)Sections 9.04.050, 9.04.054, and 9.04.055 of Chapter 9.04 of Title 9 of the Burlingame Municipal Code are deleted in its entirety. c) Section 9.04.060 of Chapter 9.04 of Title 9 of the Burlingame Municipal Code is deleted in its entirety and replaced with the following: 9.04.060 Permit to Keep More Than Five Dogs and/or Cats – Consent of Neighbors The provisions of Section 9.04.040 are subject to the exception that the City Manager, or designee, may grant a permit to an adult resident of the City to have, keep or maintain more than a total of five (5) dogs and / or cats, when such resident presents to the City Manager or designee a petition containing the bona fide signatures of a majority of property owners or adult residents within four hundred feet (400’) of the boundary lines of the premises of the applicant. The petition shall be accompanied by a drawing showing all adjoining or adjacent property with four hundred feet (400’) from the boundary lines and property owners or adult residents owning or in possession of such property shall be eligible to sign the petition. The permit shall be revocable at any time by the City Manager or designee, by the City Council at its own motion, or upon a petition by a majority of property owners or adult residents within the radius. Section 3. CEQA Determination The City Council finds and determines this Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. Severability If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. Effective Date This Ordinance shall go into effect 30 days following its adoption. over. DocuSign Envelope ID: 6A2C12FD-4731-49D9-B9F4-E955636B157A 3 The City Clerk is directed to publish this ordinance in a manner required by law. Section 7. Codification Section 2 of this Ordinance shall be codified in the Burlingame Municipal Code. Sections 1, 3, 4, 5, 6, and 7 shall not be so codified I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on 6th day of February 2023 and adopted thereafter at a regular meeting of the City Council held on the 21st day of February 2023 by the following votes: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ___________________________________ Meaghan Hassel - Shearer, City Clerk Section 6. Publication _______________________ Michael Brownrigg, Mayor DocuSign Envelope ID: 6A2C12FD-4731-49D9-B9F4-E955636B157A