Santa Cruz County Zoning Laws

Letter to Alvin James, Directory, Santa Cruz County Planning Department:

Sent: Thursday, October 03, 2002 1:26 PM

To: Alvin James, Director
Santa Cruz County Planning Department
Subject: Request for formal clarification under section 13.10.322

Regarding Title 13 Planning and Zoning Regulations Section 13.10.322 - Residential Uses, under the title, "Animal-related uses, including:", we find that: "Animal-keeping (subject to Section 13.10.643)" is only permitted on RA zoned property. (Section 13.10.643 pertains to "Animal-keeping in the Residential-Agricultural Zone District".) However, later under this same title we find the stipulation that: "Stables, private, and paddocks (Subject to Section 13.10.641)" are permitted on R-1 zoned property above R-1-32. This stipulation is the subject of our request for clarification.

Section 13.10.641, "Animal enclosures, stables and paddocks" part (a) reads: "Regulations for Private Stables" addresses stables or paddocks used specifically for horses. However, under part (b), "Regulations for Commercial Boarding" the scope is extended to include "ponies, burros or other animals."

We recently received an informal interpretation of the subject Stipulation to the effect that, while horses may be kept on R-1-32 or larger parcels, goats may not.

In section 13.10.700-L, horses are defined as "Livestock", vis.: "Any grazing, browsing or similar equine, porcine, bovine, ovine or other ruminant, including but not limited to any horse, pony, mule, donkey, pig, hog, cow, ox, sheep, goat, or llama."

The clarification we are requesting is, under part (a) may an animal enclosure or paddock NOT be used for "ponies, burrows or other animals"? If so, then what is the basis for this preference for horses and horse Owners and discrimination against goats and goat owners? Furthermore, what is The County's goal in prescribing these limitations?

In making your determination, please consider the following points:

· The average horse may weigh in excess of 1,000 lbs, whereas the average goat weighs about 100 lbs. As a result, horses have a much greater impact on the land.

Horse manure is large and wet and breeds flies. Goat manure consists of dense relatively dry pellets, and does not breed flies.
Goats have unique personalities, are quick to bond with people and other animals and make great family pets. They are easy to manage and safe to be around, especially for children.
Horses and goats are both herd animals, and many horse owners like to have a goat or two to keep their horse company.
Goats are handy around the garden. They eat plant trimmings and significantly reduce the size of any burn pile, thus reducing air pollution and landfill. Their pellets are not "hot" and can be applied directly to the garden without composting.
Many Santa Cruz residents have found that goats make terrific family pets, plus they are useful for reducing the fire load on larger properties.
They accomplish this in an environmentally friendly way, without any use of gasoline, machinery or dangerous herbicides. As browsers (unlike horses, which are grazers), goats do not pull plants up by the roots, so they do not create erosion.

We are asking for this clarification because we are looking for property in Santa Cruz County where we can keep our pet goats. We are not breeders, nor do we milk, slaughter, sell or eat our goats. Our male goats are neutered and odor-free. Thus, our activities and their impacts are not any more "agricultural" than those of the horse keepers.

We recognize that some goat owners may not hold to the same high standards as do we. By the same token, there are horses that are neglected, mistreated, or a nuisance to the neighbors even though they are being kept within the proper zoning. There are many existing laws having to do with animal protection, health, safety, nuisance, erosion control, etc. that apply equally to horses, goats or other animals. We understand the need for the Zoning Department to make and enforce rules regarding animal density, however the public good does not require that the Zoning Department establish policies that favor horses over goats.

Thank you for considering this matter.

Regards,

Jim and Jane Hyde

135 Coon Heights Road
Ben Lomond, CA 95005

www.goatrescue.org

Copies: Santa Cruz County Board of Supervisors

This is Alvin James’ response:

Thank you for your email of October 3, 2002. I apologize for the delay in responding to your inquiry. You have requested a clarification of Section 13.10.641 of the County Code; specifically, (a) may an animal enclosure or paddock not be used for "ponies, burrows or other animals, and (b) if so, what is the basis for this preference for horses and horse owners and discrimination against goats and goat owners.

The situation you reference in your e-mail is related to the R-1 zone district. Goats are not an allowed use in the R-1 zone district; "animal keeping" is only permitted in the RA zone district. Boarding stables are also not allowed in the R-1 zone district. Animal enclosures may be used for animals others than horses, ponies, etc. if the zone district allows such animals as a permitted use. This is not the case in the R-1 zone district. The zoning regulations do reflect a preference for horses in the R-1 zone district and, apparently, is a reflection of the public testimony received when the animal regulations were adopted by the Board of Supervisors.