CITY COUNCIL: Ordinance Amending Municipal Code Section 6.08 to Allow for the Keeping of Hens on Properties in R-1 District

Meeting Date: 7 December 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)

Description: The proposed Ordinance would allow the keeping of up to two hens per property in the R-1 District under certain conditions.

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

Staff Recommendation: Adopt the Ordinance (First reading).

Important Considerations: The City’s Municipal Code currently does not allow for the keeping of chickens. On 5 October 2010 the City Council heard a request to allow the keeping of chickens and directed staff to prepare a draft ordinance for review.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 DECEMBER 2010
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 6.08 TO ALLOW FOR THE KEEPING OF HENS ON PROPERTIES IN THE R-1 DISTRICT IN THE CITY OF CARMEL-BY-THE-SEA

BACKGROUND & DESCRIPTION
Carmel Municipal Code (CMC) Chapter 6 establishes the City’s regulations regarding animals. Chapter 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.”

On 5 October 2010 the City Council heard a request from a Carmel citizen to amend the municipal code to allow for the keeping of chickens. The Council agreed that the City should allow the keeping of chickens under certain conditions and directed staff to prepare a draft ordinance. Staff has prepared the attached ordinance for the Council’s review.

EVALUATION
The proposed ordinance establishes a limit of two chickens per property in the R-1 District only. The Council may want to discuss if the limit of two is appropriate, or if a higher limit should be established.

The ordinance establishes seven conditions for the keeping of chickens. These are identified below followed by a brief response from staff.

a) No roosters are permitted.
Response: Not allowing roosters will limit the noise impacts that might otherwise occur.

b) All hens must be kept and secured within an enclosure of metal chicken wire, or other suitable material as to prevent the escape of any hens. The enclosure shall be maintained in good repair and no hens shall be allowed to run at large on public property.
Response: This condition addresses the concern that chickens could escape from private property onto neighboring properties or city parks and open space. This condition will also limit the potential for incidents with other wild animals such as raccoons.

c) No enclosure shall exceed 80 square feet in size.
Response: This requirement limits the size of hen enclosures to mitigate potential visual impacts on neighboring properties.

d) The enclosure shall comply with all applicable R-1 standards as defined in CMC Section 17.10.
Response: Some of the R-1 standards that would be applicable include setbacks and site coverage. R-1 setback standards would require an enclosure be at least three feet from any side and rear property line and 15 feet from the front property line on most sites. The Council should determine if these setbacks are sufficient. Many communities that allow chickens have larger setback requirements for chicken enclosures.

The City limits the amount of site coverage that is allowed on each lot. Site coverage is defined as:

“The total ground area of a site occupied by materials or improvements that cover the natural soil but which are outside the perimeter of structures that count as floor area.”

A chicken enclosure would count towards the total allowed site coverage.
e) A Track 1 Design Study application shall be submitted to the Department of
Community Planning and Building for approval of the location and design of the
enclosure prior to installation.
Response: A Track 1 application includes a $150 application fee. The application would be required to ensure that an applicant complies with the rules of the ordinance and to allow the City to track the properties that have been approved to keep chickens. Using the existing design review process would also avoid the need to create a new review process at the Police Department for only this matter.

f) Animal excretion shall not be permitted to accumulate so as to become offensive to any neighboring property; and

g) Outdoor slaughtering of birds shall not be permitted.
Response: These requirements will help ensure that the keeping of chickens does not create negative impacts on neighboring properties.

SUMMARY
In summary the Council should answer the following questions:
1) Should more than two chickens be allowed on any site?
2) Are the proposed requirements appropriate or should they be modified?
3) Are there other requirements that should be included?

RECOMMENDATION
Adopt the Ordinance (First reading).

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING MUNICIPAL CODE SECTION 6.08 TO ALLOW FOR THE KEEPING OF HENS ON PROPERTIES IN THE R-1 DISTRICT IN THE CITY OF CARMEL-BY-THE-SEA

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in its community character; and

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and

WHEREAS, the City Council has determined that the keeping of a limited number of hens on properties in the R-1 District will not be detrimental to community character; and

WHEREAS, on 11 August 2010 the Planning Commission recommended that the Council amend the Municipal Code to allow the keeping of hens; and

WHEREAS, this ordinance is exempt for the California Environmental Quality Act (CEQA) Section 15061(b) (3).

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:

Amend Municipal Code Section 6.08 to allow for the keeping of hens on
properties in the Single Family Residential (R-1) District as described in Exhibit “A”.

Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

Effective Date. This ordinance shall become effective 30 days after final adoption by the City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ___ day of ________ 2011 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_________________________________
Heidi Burch, City Clerk

Exhibit “A”
(Changes Shown in Strikeout and Underline)
6.08.120 Keeping of Swine and Barnyard Fowl.
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, with the exception of hens, whatsoever within the corporate limits of the City. (Ord. 201 C.S. § 1, 1969; Code 1975 § 632.3).

6.08.180 Keeping of Hens
A maximum of two (2) hens may be permitted per building site in the R-1 District
only. All requests to keep hens shall comply with the following requirements:
a) No roosters are permitted; and

b) All hens must be kept and secured within an enclosure of metal chicken wire, or other suitable material as to prevent the escape of any hens. The enclosure shall be maintained in good repair and no hen shall be allowed to run at large on public property; and

c) No enclosure shall exceed 80 square feet in size; and

d) The enclosure shall comply with all applicable R-1 standards as defined in CMC Section 17.10; and

e) A Track 1 Design Study application shall be submitted to the Department of
Community Planning and Building for approval of the location and design of the
enclosure prior to installation; and

f) Animal excretion shall not be permitted to accumulate so as to become offensive to any neighboring property; and

g) Outdoor slaughtering of birds shall not be permitted.