§ 20.263.040 GENERAL DEVELOPMENT STANDARDS.
   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.
      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 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, passed 3-18-14)