CITY COUNCIL: Ordinance Amending Municipal Code Section 6.08 to Allow for the Keeping of Chicken Hens on Properties in R-1 District (2nd Reading)

Meeting Date: 5 April 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. (2nd 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 (2nd 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: The Planning Commission recommended adoption of the attached Ordinance on 26 January 2011. The Council approved the first reading of this Ordinance on 1 March 2011.

Reviewed by:

________________________________ _____________________
Heidi Burch, Asst. 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
THROUGH: HEIDI BURCH, ASSISTANT CITY ADMINISTRATOR
DATE: 5 APRIL 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 (2ND READING).

BACKGROUND & DESCRIPTION
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 an
allowing the keeping of chicken hens on 26 January 2011.
On 1 March 2011, the City Council approved the first reading of the ordinance with
amendments. The amendments included an indication that chicken enclosures shall not
be visually prominent from the street, a prohibition on the slaughtering of birds in the
City, the indication that the keeping of chickens shall not be a public or private nuisance,
and a minor word revision from “may” to “shall.” These changes have been incorporated
into the attached ordinance.
RECOMMENDATION
Adopt the Ordinance (2nd reading).
163
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
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, the City Council approved the first reading of this ordinance on 1
March 2011; 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 5th day of April, 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
165
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. Chicken enclosures shall
not be visually prominent from the street; 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 shall 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) Slaughtering of chicken hens shall not be permitted within the City limits; and
h) The keeping of chicken hens shall not result in a public or private nuisance; and
i) Failure to comply with any of these requirements may result in the revocation of
the permit; and
j) 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.