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

Meeting Date: 1 March 2011
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 chicken 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 chicken 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 (1st 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 chicken hens and directed staff to prepare a draft ordinance for review.

Decision Record: The Planning Commission recommended adoption of the attached ordinance on 26 January 2011.

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: 1 MARCH 2011
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 6.08 TO ALLOW FOR THE KEEPING OF CHICKEN HENS ON PROPERTIES IN THE R-1 DISTRICT IN THE CITY OF CARMEL-BY-THE-SEA (FIRST READING)

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.”

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. The Planning Commission recommended adoption of the attached ordinance on 26 January 2011.

EVALUATION
The proposed ordinance establishes a limit of two chicken hens per property in the R-1 District only. The ordinance establishes nine requirements 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 chicken 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 chicken hen shall be allowed to run at large on public or private property. Chicken hens may be permitted outside of an enclosure on the applicant’s property only when attended.

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 20 square feet in size and five (5) feet in height above grade.

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 and no commercial uses are permitted.

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 Planning Commission discussed limiting structures to rear yards only, however, ultimately did not make that a requirement of the ordinance primarily because there may be lot and building configurations in the City that would preclude placement in a rear yard.

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. Upon receipt of an application, the City shall cause that a notice be provided by mail and by hand delivery to all properties within 100 feet of the site indicating that an application has been filed. A public hearing with the Planning Commission may be required if a concern is filed in writing within 10 business days of the date the notice is delivered.

Response: A Track 1 application would be required to ensure that an applicant complies with the rules of the ordinance, to review the design and placement of the chicken hen enclosure, and to allow the City to track the properties that have been approved to keep chicken hens. The Planning Commission added the noticing requirement to ensure that neighboring property owners were made aware of a proposal to keep chickens.

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.

h) Failure to comply with any of these requirements may result in the revocation of the permit to keep chicken hens.

Response: This requirement gives the city the ability to revoke the permit to keep chicken hens in the event that a property owner is unable to comply with the requirements of the ordinance.

i) This ordinance shall expire on 30 June 2013 unless otherwise authorized by the City Council. No more than 15 permits shall be issued within that time.

Response: The Planning Commission recommended a sunset date on the ordinance and the establishment of a maximum number of permits that could be issued before that time. The purpose is to allow the City to reevaluate the ordinance within approximately two years and determine whether it should be extended, revised or withdrawn.

SUMMARY
In summary the Council should answer the following questions:

1) Are the proposed requirements appropriate or should they be modified?
2) Are there other requirements that should be included?

RECOMMENDATION
Adopt the Ordinance (1st 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 CHICKEN HENS ON PROPERTIES IN THE R-1 DISTRICT IN THE CITY OF CARMEL-BY-THE-SEA (1ST READING)

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 chicken hens on properties in the R-1 District will not be detrimental to community character; and

WHEREAS, on 26 January 2011 the Planning Commission recommended that the
Council amend the Municipal Code to allow the keeping of chicken hens; and

WHEREAS, this ordinance is exempt from the California Environmental Quality
Act (CEQA) per Section 15061(b) (3) of the CEQA Guidelines.

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 chicken 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 chicken 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) chicken hens may be permitted per building site in the R-1 District only. All requests to keep chicken hens shall comply with the following requirements:

a) No roosters are permitted; and

b) All chicken 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 chicken hen shall be allowed to run at large on public or private property. Chicken hens may be permitted outside of an enclosure on the applicant’s property only when attended; and

c) No enclosure shall exceed 20 square feet in size and five (5) feet in height above grade; and

d) The enclosure shall comply with all applicable R-1 standards as defined in CMC Section 17.10 and no commercial uses are permitted; 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. Upon receipt of an application, the City shall cause that a notice be provided by mail and by hand delivery to all properties within 100 feet of the site indicating that an application has been filed. A public hearing with the Planning Commission may be required if a concern is filed in writing within 10 business days of the date the notice is delivered; and

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

g) Outdoor slaughtering of chicken hens shall not be permitted; and

h) Failure to comply with any of these requirements may result in the revocation of the permit; and

i) This ordinance shall expire on 30 June 2013 unless otherwise authorized by the City Council. No more than 15 permits shall be issued within that time.