Meeting Date: 7 May 2013
Prepared by: Marc Wiener, Senior Planner
City Council
Agenda Item Summary
Name: Consideration of an Ordinance amending and making permanent sections 6.08 and 6.08.180 of the Carmel-by-the-sea Municipal Code 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 amendment would allow the keeping of up to two chicken
hens per property in the R-1 District under certain conditions. The original ordinance
was approved on 5 April2011 and will expire on 30 June 2013 if not readopted.
Overall Cost:
City Funds: N/ A
Grant Funds: N/A
Staff Recommendation: Adopt an ordinance (2nd Reading) amending Municipal Code Section
6.08 and 6.08.120 allowing for the keeping of chicken hens on properties in the R-1
District.
Important Considerations: 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. Only one
permit has been issued since the ordinance was originally adopted.
Decision Record: On 2 April2013 the City Council adopted a first reading of the ordinance
with a recommendation to limit the number of permits to five.
Attachments:
• Staff Report
• Ordinance Amendment (CMC 6.08)
Reviewed by:
Date
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR BURNETT AND COUNCIL MEMBERS
FROM: MARC WIENER, SENIOR PLANNER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 7 MAY 2013
SUBJECT: AN ORDINANCE (2ND READING) AMENDING AND MAKING
PERMANENT SECTIONS 6.08 AND 6.08.180 OF THE CARMEL-BY-THESEA
MUNICIPAL CODE TO ALLOW FOR THE KEEPING OF CHICKEN
HENS ON PROPERTIES IN THE R-1 DISTRICT IN THE CITY OF CARMELBY-
THE-SEA.
BACKGROUND & DESCRIPTION
On 2 April 2013 the City Council adopted a first reading of an ordinance amending Municipal
Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District. The
amendments were originally adopted on 5 April 2011, but were due to expire on 30 June 2013.
Some of the particulars of Ordinance are that it allows for a maximum of two chickens per
property, roosters are not permitted, and the enclosures are limited to 20 square feet in size and
cannot be visually prominent from the street.
At the last hearing the Council voted to eliminate the sunset clause, but limited the total number
of permits to five. Staff notes that the City has only issued one permit since the ordinance was
originally adopted in 2011.
RECOMMENDATION
Adopt an ordinance (2nd Reading) amending Municipal Code Section 6.08 and 6.08.120
allowing for the keeping of chicken hens on properties in the R-1 District.
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2013-
ORDINANCE (2nd Reading) AMENDING AND MAKING PERMANENT SECTIONS
6.08.120 AND 6.08.180 OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE
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, on 5 April 2011 Sections 6.08 and 6.08.120 of the Carmel-by-the-Sea
Municipal Code were amended to include chicken hens and to provide guidelines for the keeping
of chicken hens in the R-1 District which amendments are due to expire on 30 June 2013; and
WHEREAS, the purpose of this Ordinance is to amend Sections 6.08.120 and 6.08.180
for the purpose of removing the expiration date of 30 June 2013 and making the amendments to
those sections as adopted on 5 April 2011 permanent in the Carmel-by-the-Sea Municipal Code;
and
WHEREAS, on 2 April 2013 the City Council adopted a first reading of an Ordinance
amending Code Sections 6.08.120 and 6.08.180; and
WHEREAS, the proposed ordinance is categorically exempt from CEQA under 15305
Minor Alterations in Land Use Limitations and because application of the noise standards of
17.14.5.G as well as the required special and standard Use Permit finding would not result in a
significant impact to the environment.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA
DO ORDAIN AS FOLLOWS:
Adopt an ordinance amending Municipal Code Section 6.08 and 6.08.120 allowing for
the keeping of chicken hens on properties in the R-1 District (See Exhibit “A”).
Section 1. The People of Carmel-by-the-Sea find that all Recitals/Findings are true and correct
and are incorporated herein by reference.
Section 2. Severability
A. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the Ordinance, including the application of such
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part or provision to other persons or circumstances, shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this Ordinance are severable.
B. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
held unconstitutional, invalid or unenforceable.
Section 3. Publication The City Clerk is directed to publish this Ordinance in the manner and in
the time required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this ___ day of ________ 2013 by the following roll call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
APPROVED,
________________________
JASON BURNETT, Mayor
ATTEST:
_______________________________________________
HEIDI BURCH, City Clerk
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Exhibit “A”
(Changes shown in bold and underline)
A. AMENDMENT OF SECTION 6.08.120
Section 6.08.120 entitled KEEPING OF SWINE AND BARNYARD FOWL shall
become a permanent part of the Carmel-by-the-Sea Municipal Code which reads as follows:
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, within the corporate
limits of the City.
B. AMENDMENT OF SECTION 6.08.180
Section 6.08.180 entitled KEEPING OF HENS shall be amended and become a
permanent part of the Carmel-by-the-Sea Municipal Code which reads as follows:
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;
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;
c) No enclosure shall exceed 20 square feet in size and five (5) feet in height above
grade;
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;
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;
f) Animal excretion shall not be permitted to accumulate so as to become offensive
to any neighboring property;
g) Slaughtering of chicken hens shall not be permitted within the City limits;
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.
j) No more than five permits shall be issued by the City.
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