CITY COUNCIL: Request to Amend Carmel Municipal Code to Allow for the Keeping of Chickens

Meeting Date: 5 October 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of a request to amend Carmel Municipal Code Section 6.08.120 to allow for the keeping of chickens in the City of Carmel-by-the-Sea. The applicant is Anna Yateman.

Description: The applicant is requesting that the Municipal Code be amended to allow the
keeping of chickens in the City. The applicant is requesting to keep two hens on her
property.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Deny the application.

Important Considerations: The City has not allowed the keeping of chickens within City
limits since 1969. Allowing chickens could impact the residential character of the City
and increase the workload of the animal control department.

Decision Record: The Planning Commission recommended that the City allow the keeping of
chickens on 11 August 2010.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
DATE: 5 OCTOBER 2010
SUBJECT: CONSIDERATION OF A REQUEST TO AMEND MUNICIPAL CODE SECTION 6.08.120 TO ALLOW FOR THE KEEPING OF CHICKENS IN THE CITY OF CARMEL-BY-THE-SEA. THE APPLICANT IS ANNA YATEMAN

BACKGROUND & DESCRIPTION
Carmel Municipal Code (CMC) Section 6 establishes the City’s regulations regarding animals. Section 6.08.120, originally adopted in 1969, states the following:

“It is unlawful, and is declared a nuisance, for any person or persons to keep or cause to be kept any swine or barnyard fowl whatsoever within the corporate limits of the City.”

The applicant is requesting permission to keep two hens on her property. Since the keeping of chickens is prohibited, the applicant is requesting that the municipal code be amended. The applicant is also requesting that the $420 application fee be waived.

EVALUATION
Process: Staff has not prepared an ordinance amendment for Council review at this time. If the Council determines that the Municipal Code should be amended, then staff would prepare a draft ordinance for review at a future hearing. If the Council determines that the Municipal Code should not be amended, no further action is required.

Planning Commission: On 11 August 2010 the Planning Commission recommended that the Council amend the Municipal Code to allow for the keeping of chickens. The Commission recommended the following requirements be included in any new ordinance amendment:

• Require a Conditional Use Permit (CUP)
• Limit it to the keeping of hens, not roosters
• Require all fowl to be maintained in an enclosure of chicken wire or other suitable
material
• Establish a limit on the number of fowl on any one property
• Limit it to the R-1 District

Staff does not support amending the Municipal Code for the following reasons:
1) Residential Character: The City is predominately a residential village set in a forest.
However, the rustic residential character does not equate to a rural setting. With small
lots and minimal setbacks between dwellings, the neighborhoods are relatively dense for
a single-family zone. One of the primary purposes of the current standards related to
fowl is to avoid uses that are more appropriate for larger, rural lots. Allowing chickens
could lead to requests to allow other barnyard fowl and/or swine, and could result in
diminishing the residential character of the City.

2) Animal Control: Allowing chickens could attract more wild animals into the city, particularly raccoons. Raccoons already present a challenge to Carmel residents and pets, as they can be quite aggressive. If numerous residents began keeping chickens, this could result in an increase in the number of raccoons or other predators coming into the City. The City has only one part-time animal control officer, who is already heavily burdened with animal control issues. Allowing the keeping of chickens would likely add to the enforcement burden on the City.

3) Public Health: If the City began allowing chickens, and numerous residents began
keeping them, several public health concerns could arise. While staff has not performed
a thorough public health analysis, some of the common health concerns related to the
raising of chickens include:
• The transfer of bacteria, particularly Salmonella
• High levels of arsenic that can often be found in many types of chicken feed
• Potential water quality issues related to animal waste and storm water run-off
Other Communities: Some neighboring communities, including Monterey and Pacific
Grove, do allow the keeping of chickens (see attached ordinances). While these
communities have many small lots similar to Carmel, they also have many larger lots
where the keeping of chickens may be more appropriate.
The Police Department did speak with an official with the City of Pacific Grove who
indicated that they have had problems with predators, such as raccoons and skunks,
attacking chickens. They have also had incidents of chickens either escaping from a
particular property or being discarded by their owner, which creates additional animal
control issues.

Fee Waiver: The applicant has requested that the City Council waive the application fee
for this project. Staff does not support the fee waiver as there are costs involved in
amending the Municipal Code. Costs include staff time for preparing a draft ordinance,
public notices, staff reports, and other documents along with costs associated with
publishing public notices and Municipal Code amendments. If the Council directs staff
to prepare an ordinance for future review by the Council, staff recommends that the
application fee be submitted prior to any further work on this project.

RECOMMENDATION
Deny the request to amend the Municipal Code.

Chicken Run Rescue

WILDLIFE
Monterey sea otters killed by toxic algae
September 11, 2010|By Peter Fimrite, Chronicle Staff Writer

A toxic algae that forms in reservoirs, lakes and stagnant freshwater ponds was responsible for the deaths of at least 21 threatened California sea otters in the Monterey Bay area, a scientific study revealed Friday.

The discovery, reported in the scientific journal PLoS ONE, is alarming because the toxin, called microcystin, had never been linked to the death of a marine mammal and was not believed to be capable of surviving for long periods in saltwater.

"Based on what we know, this is the first documentation of a freshwater algal bloom being transmitted to upper-level marine mammals, specifically a federally listed species," said Melissa Miller, a senior wildlife veterinarian and pathologist for the California Department of Fish and Game and the study's lead author.

The three-year average population of California otters, also known as southern sea otters, declined 3.6 percent this year, the second consecutive drop after a decade of increases. The reason for the decline is a mystery, but scientists believe a variety of causes are at play, including toxic runoff.

There are 2,711 sea otters along the California coast, according to a U.S. Geological Survey study, which also reported an 11 percent drop in the number of otter pups compared with last year.

Study points to algae
Microcystin, which is commonly referred to as blue-green algae, can cause liver damage when ingested. All 21 sea otters that tested positive for the bacteria died from liver failure, according to the study, which was completed with the help of experts from UC Santa Cruz and a variety of state and federal agencies.

It is believed the toxins flowed to the ocean off the coast of Monterey in rivers and creeks. Sea urchins and shellfish near the outflow filtered the water and the poison accumulated in their bodies, which were, in turn, eaten by otters.

It has not yet been determined whether poisoning from blue-green algae is playing a major or minor role in the overall otter decline, but it was at least a factor, the researchers said. The 21 sea otters represent only a fraction of the number of mammals found dead from unknown causes along the Central California coast since 1999. Miller said the full extent of the problem will not be known until further studies can be conducted.

Microcystis is a naturally occurring algae. Its bright green blooms have long been found behind dams, particularly along the Klamath River, and in stagnant pools.

Global concern
But researchers say the microcystin toxin appears to be multiplying in the environment to the point that it is becoming a global health concern. That's because cyanobacteria, as scientists call bacterial blooms, thrive in warm water that is rich in nutrients from lawn, city and agricultural runoff. The warmer the temperatures, the more bacteria there are

Global warming, scientists say, has increased the frequency of deadly green "super-blooms."

Microcystins have been detected in brackish water before, including in the Sacramento-San Joaquin River Delta and San Francisco Bay, scientists say. The bacteria has been linked to the death of cattle and even dogs that drank the water or swam through the green slime and then licked their fur. It is also potentially dangerous to humans.

"What's really astonishing to us is that it had not been on anyone's radar as a problem in the marine environments until now," said co-author Tim Tinker, a research biologist with the U.S. Geological Survey and an adjunct professor of ecology and evolutionary biology at UC Santa Cruz.

The problem was discovered largely by mistake. In 2007, Miller kept running across the bloated, bright yellow corpses of otters near Monterey Bay, indicating acute liver failure. She searched medical journals for things that might have caused the problem and found nothing that fit until she came across blue-green algae.

Suspicions confirmed
Tissue samples confirmed her suspicion. The team of scientists she recruited eventually found high concentrations of microcystin in lakes bordering Monterey Bay and in adjacent rivers.

Blooms were also found in Pinto Lake in Watsonville, which drains into Corralitos Creek and flows into the Pajaro River. Microcystin contamination was eventually detected in the Salinas, Pajaro and San Lorenzo rivers and in the ocean at the Santa Cruz wharf.

The study found that the algae remains extremely toxic for two weeks in the ocean and that the poison can become 107 times more concentrated in shellfish. That means it is a risk to humans who consume shellfish harvested near river mouths. There are no state or federal regulations for exposure to microcystin.

"This definitely highlights the importance of monitoring water quality," Tinker said. "Here is a toxin coming into the ocean, probably affecting a lot of species, and the first indication we have of it is the death of sea otters. It is an early warning for an emerging problem."

E-mail Peter Fimrite at pfimrite@sfchronicle.com.
(C) San Francisco Chronicle 2010