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Home My WebLink AboutSS3 - Keeping of Chickens in Single-FamilyCITY OF NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. SS3 February 14, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, Planning Technician APPROVED: � A k-� TITLE: Keeping of Chickens in Single - Family Residential Zoning Districts ABSTRACT: Review of regulations pertaining to the keeping of chickens in single - family residential neighborhoods. RECOMMENDATION: After Council discussion on the matter, direct staff to either: 1) Maintain the City's existing regulations which limit the keeping of chickens to the R -A (Residential - Agricultural) Zoning District and residential subareas of the SP- 7 (Santa Ana Heights Specific Plan) Zoning District; or 2) Expand the City's regulations to allow the keeping of chickens in other single - family zoning districts, provided certain lot criteria and development standards are met. FUNDING REQUIREMENTS: Other than the staff involved in preparing the draft ordinance, there are no direct City expenses identified at this time. Costs to enforce any new regulations that Council may choose to adopt would vary based on the program established by the amendment. 1 Keeping of Chickens in Single - Family Residential Zoning Districts February 14, 2012 Page 2 DISCUSSION: Background At the January 10, 2012 meeting, the City Council requested a report outlining the City's regulations related to the keeping of chickens and an overview of the regulations of other jurisdictions. The Zoning Ordinance classifies chickens as "poultry" and the terms are used interchangeably in this report. The keeping of chickens as pets, sometimes referred to as "urban chickens" or "backyard chickens ", is a trend that has surfaced recently as part of the sustainability and organic food movements. As a result, many cities are reviewing their respective codes regarding the keeping of chickens in residential zoning districts. Current Regulations Newport Beach Municipal Code (NBMC) Section 7.12.010 (Keeping of Livestock) states that no person shall keep any animal commonly considered livestock within the City except where specifically permitted under the provisions of the Zoning Ordinance. Section 20.48.040 (Animal- Keeping) provides standards to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights, or insect infestations (Attachment A). The Zoning Ordinance allows the keeping of poultry in the R -A (Residential - Agricultural) Zoning District on lots that are 15,000 square feet or more in size. The number of chickens is also limited to a total of two adult animals and an unlimited number of offspring until they are weaned. Roosters are prohibited. Furthermore, Subsection B establishes setback requirements for structures housing domestic farm animals, which includes chickens. TABLE 4 -2 REQUIRED SETBACKS FOR STRUCTURES HOUSING DOMESTIC FARM ANIMALS In addition to the setback requirements shown in Table 4 -2, the Zoning Ordinance includes the following maintenance and operational standards: 1) a reference to the regulations imposed by the Orange County Health Department and the City of Newport Beach Animal Control; 2) a requirement to confine animals in a suitable enclosure at all times; 3) a standard of maintenance to prevent manure from accumulating in setback 2 Minimum Minimum Minimum Distance from Distance from Distance from Type of Adjacent Adjacent Dwelling Unit on Setback Minimum Distance Properties within Properties in Adjacent Property from R- AZoning Other Zoning Public Rights -of -Way District Districts Front 50 ft - -- - -- 35 ft Side 20 ft 5 ft 25 ft Rear 20 ft 5 ft 25 ft In addition to the setback requirements shown in Table 4 -2, the Zoning Ordinance includes the following maintenance and operational standards: 1) a reference to the regulations imposed by the Orange County Health Department and the City of Newport Beach Animal Control; 2) a requirement to confine animals in a suitable enclosure at all times; 3) a standard of maintenance to prevent manure from accumulating in setback 2 Keeping of Chickens in Single - Family Residential Zoning Districts February 14, 2012 Page 3 areas; and 4) a reference to Chapter 7.20 (Noisy Animals) of the NBMC to prevent unreasonable noise. The keeping of poultry is also permitted within residential subareas of the Santa Ana Heights Specific Plan, regardless of lot size, and subject to setback requirements and standards similar to those discussed above. Attachment B provides a map of the two residential areas within the City where keeping of chickens may be allowed. Regulatory Measures in Other Jurisdictions Many California cities allow the keeping of chickens; however, specific regulatory measures are imposed to ensure compatibility with adjacent properties and uses. Attachment C provides a table of neighboring jurisdictions' regulations. To summarize, those that do allow the keeping of chickens have requirements pertaining to the type of enclosure, location of the enclosure from adjacent dwelling units or uses, site maintenance, and permitting. Enclosure Type and Maintenance Several jurisdictions require chickens to be confined within a suitable structure with an enclosed runway and that the enclosure is kept in a sanitary manner to prevent the accumulation of manure. Location of the Enclosure Although they vary, each city has specific distance and location requirements for the enclosure to minimize nuisances to neighboring properties. Most distance requirements fall within the range of 20 to 35 feet from a neighboring dwelling unit. Additionally, more stringent, distance requirements are imposed in some jurisdictions to maintain separation from other uses such as public parks, schools, hospitals, or similar institutions. Permitting In most cases, the requirements are administered through a permit that is obtained either from a city's animal control service or planning and zoning departments. Issue /Analysis The issue of keeping poultry within City limits was discussed with the Police Department and the City's Animal Control Officers who are principally responsible for the regulation of domesticated and non - domesticated animals. The following pros and cons were identified: 3 Keeping of Chickens in Single - Family Residential Zoning Districts February 14, 2012 Page 4 Pros I Cons Resourceful. Poultry is a food source that can provide meat and eggs. Domesticated. Poultry can be raised as pets if properly handled. Common. The keeping of poultry has become a popular trend in some residential communities (typically more rural areas). Novelty Value. Poultry can be considered "novelty pets" that get attention from peopie as they pass by. Smell. Poultry produce a large amount of feces that needs to be cleaned up daily. Flies are attracted to the chickens and eggs. Noise. Clucking poultry may not be well - received by neighboring properties and uses. Roosters. Citizens may purchase baby chicks with the uncertainty of knowing whether they are hens or roosters. Roosters are very loud and can be aggressive if not handled on a regular basis and are prohibited in Newport Beach. At -Large Poultry. Strict regulations and oversight would be necessary to ensure proper housing for poultry and to prevent escape. Predators. Coyotes, raccoons, possums, and skunks may be attracted to the poultry. Disease. There is a remote possibility of salmonella or bird flu being generated from poultry that are raised improperly. Work Load. Establishment of a permit process and accompanying inspections would be necessary to ensure compliance with all regulations. It should be noted that the average single - family residential lot within Newport Beach is approximately 8,025 square feet; however, lots within the older coastal neighborhoods (i.e., Balboa Island, Balboa Peninsula, Corona del Mar, and Lido Isle) range from 2,550 square feet to 3,540 square feet in size. Those smaller lots also provide minimal side and rear setbacks (e.g., three feet and ten feet, respectively) which result in limited, open yard areas. In addition, most lots in the aforementioned areas have alley access which further limits the rear yard areas. Options Staff has outlined the following options for City Council to consider: 1) Maintain current regulations which limit the keeping of chickens to the R -A (Residential - Agricultural) Zoning District and residential subareas of the SP -7 (Santa Ana Heights Specific Plan) Zoning District as shown in Attachment B. This option avoids future poultry permitting and enforcement obligations and would be the most effective way to avoid the potential for future nuisances in other residential neighborhoods. 21 Keeping of Chickens in Single - Family Residential Zoning Districts February 14, 2012 Page 5 2) Expand the City's regulations to allow the keeping of chickens in other single - family zoning districts. Staff believes that the keeping of chickens is an appropriate accessory use in single - family zones, provided certain standards are met. The City's current minimum lot size requirement of 15,000 square feet, limit of two chickens per property, and structure distance requirements from property lines are intended to minimize potential impacts to adjacent neighbors, and staff does not recommend any changes to these standards. Should Council wish to permit the keeping of chickens on other 15,000 square -foot single - family properties in the City which are not located in either the R -A (Residential - Agricultural) Zoning District or the SP -7 (Santa Ana Heights Specific Plan) Zoning District, staff estimates that approximately 1,230 additional lots would qualify based on the minimum lot size criterion alone. Attachment D shows the general location of these larger lots which are interspersed throughout the City. It should be noted that the keeping of chickens may be excluded by private Covenants, Conditions, and Regulations (CC &Rs). ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15306 Information Collection of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitt d by: , Kimberly Brandt, Al Director Attachments: A. NBMC Section 20.48.040 (Animal Keeping) B. Map of Allowed Chicken - Keeping Areas C. City -By -City Comparison Table D. Map of 15,000 Square -Foot Lot Locations NO City Council Attachment A Newport Beach Municipal Code Section 20.48.040 (Animal Keeping) 7 2 20.48.040 - Animal- Keeping This Section provides standards to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights, or insect infestations. A. Compliance with standards. Animal- keeping shall comply with the standards in Table 4 -1 (Animal- Keeping Standards). TABLE 4 -1 ANIMAL - KEEPING STANDARDS Household Pets Total of 3 animals See Subsection B Zoning Maximum Number of Minimum Minimum Setback Districts Required Type of Animal Animals per Site Parcel Size from Lot Lines Where Permit (2) Total of 4 animals domestic farm Allowed Cats and /or dogs None None R -BI P Household Pets Domestic Farm Animals Total of 3 animals See Subsection B RI- over 4 months old None None P maximum of 3 2 acre setbacks for All ll M MU P Total of 4 animals domestic farm R -1 Cats and /or dogs None None R -BI P Horses (noncommercial only) over 4 months old R -2 Total of 6 animals None None RA P over 4 months old below (Required Small household pets (e.g., (1) 1 acre setbacks for R -A MUP domesticated birds; hamsters, Any combination up domestic farm guinea pigs, mice; to 10 total None None All P nonpoisonous reptiles and As determined by Conditional Use Permit R -A CUP Goats, pigs, sheep, cows, snakes; rabbits, etc.) See Subsection B poultry, and similar animals Total of 2 adult Pot - bellied pigs One None None R -1 MUP (3) Domestic Farm Animals 9 One horse per each See Subsection B 10,000 sq ft, up to a below (Required maximum of 3 2 acre setbacks for R -A P horses (1) domestic farm animals). Horses (noncommercial only) See Subsection B 4 or more horses below (Required (1) 1 acre setbacks for R -A MUP domestic farm animals). Horses (commercial) As determined by Conditional Use Permit R -A CUP Goats, pigs, sheep, cows, See Subsection B poultry, and similar animals Total of 2 adult below (Required kept in corrals and stables, animals (1) 15,000 sq ft setbacks for R -A (3) P including pot - bellied pigs domestic farm animals). 9 TABLE 4 -1 ANIMAL - KEEPING STANDARDS Other Animals Apiary Prohibited — See Municipal Code Section 7.25.010. Aviary (noncommercial only) Allowed in compliance with Municipal Code Section 7.15.010 (Birds) and Chapter 7.08 (Wild Animals). Wild animals Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals). Notes: 1. Offspring are exempt until they are weaned. 2. P = Allowed without a development permit CUP = Conditional Use Permit required (Section 20.52.020) MUP = Minor Use Permit required (Section 20.52.020) 3. See also Municipal Code Section 7.12.010 (Keeping of Livestock). 4. Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals) B. Required setbacks for domestic farm animals. 1. Setbacks. Structures housing domestic farm animals shall comply with the setbacks in Table 4 -2. TABLE 4 -2 REQUIRED SETBACKS FOR STRUCTURES HOUSING DOMESTIC FARM ANIMALS Minimum Minimum Zoning Type of Animal Maximum Number of Minimum Minimum Setback Districts Required Adjacent Animals per Site Parcel Size from Lot Lines Where Permit (2) Properties in Adjacent Property from Allowed Other Zoning Public Rights -of -Way District Districts Front 50 ft - -- See Subsection B 35 ft Side Fowl (not including roosters, 10 animals per 1/2 25 ft below (Required 20 ft 5 ft cockerels, or peacocks) acre /2 acre setbacks for R -A (4) MUP domestic farm animals). Other Animals Apiary Prohibited — See Municipal Code Section 7.25.010. Aviary (noncommercial only) Allowed in compliance with Municipal Code Section 7.15.010 (Birds) and Chapter 7.08 (Wild Animals). Wild animals Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals). Notes: 1. Offspring are exempt until they are weaned. 2. P = Allowed without a development permit CUP = Conditional Use Permit required (Section 20.52.020) MUP = Minor Use Permit required (Section 20.52.020) 3. See also Municipal Code Section 7.12.010 (Keeping of Livestock). 4. Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals) B. Required setbacks for domestic farm animals. 1. Setbacks. Structures housing domestic farm animals shall comply with the setbacks in Table 4 -2. TABLE 4 -2 REQUIRED SETBACKS FOR STRUCTURES HOUSING DOMESTIC FARM ANIMALS 2. Outdoor exercise areas. Animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, and show grounds) may be located up to the lot line, except that those areas abutting a public right -of -way shall be set back a minimum of: a. 25 feet from a front lot line; and b. 10 feet from a side lot line. C. Maintenance and operational standards. 10 Minimum Minimum Minimum Distance from Distance from Distance from Type of Adjacent Adjacent Dwelling Unit on Setback Minimum Distance Properties within Properties in Adjacent Property from R -A Zoning Other Zoning Public Rights -of -Way District Districts Front 50 ft - -- - -- 35 ft Side 20 ft 5 ft 25 ft Rear 20 ft 5 ft 25 ft 2. Outdoor exercise areas. Animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, and show grounds) may be located up to the lot line, except that those areas abutting a public right -of -way shall be set back a minimum of: a. 25 feet from a front lot line; and b. 10 feet from a side lot line. C. Maintenance and operational standards. 10 1. Applicable health and animal control regulations. The regulations of the Orange County Health Department and the City of Newport Beach Animal Control shall apply to animal keeping. 2. Enclosures. All animals, except for cats, shall be confined at all times within a suitable enclosure (e.g., fences, pens, coops, cages, corrals, etc.). 3. Maintenance. Animal enclosures shall be maintained free from litter, garbage, and the accumulation of manure to discourage flies and other disease vectors. Manure shall not be allowed to accumulate within setback areas. Each site shall be continually maintained in a neat and sanitary manner. 4. Noise control. Animal keeping shall comply with the Municipal Code Chapter 7.20 (Noisy Animals). D. Permit application review. Where Table 4 -1 (Animal- Keeping Standards) requires a Minor Use Permit or a Conditional Use Permit, the review authority shall evaluate how the proposed animals will be housed and /or confined, and whether the location, size, and design of the area for animal keeping on the site will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit or Conditional Use Permit, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed. 11 12 City Council Attachment B Map of Allowed Chicken - Keeping Areas i3 14 Residential-Agricultural (R-A) and Santa Ana Heights Specific Plan (SP-7) Properties 0 500 1,000 Feet NLW _f L: 10 City Council Attachment C City -By -City Comparison Table 17 12 Attachment C, City -By -City Comparison Table City No. of Chickens Allowed Regulations Imposed in Residential Districts Neighboring Jurisdictions Costa Mesa Five over four months of • Must be kept on own property age • Subject to noise compliance and must be kept in enclosure Dana Point N/A • Not permitted Huntington Six and 24 baby chicks • Must be kept on own property Beach under eight weeks of age • Must be kept 25 feet from any other dwelling unit, church, school, or hospital • No rooster over four months old may be kept in City limits • Residential Animal Permit required Irvine Two over four months of • Must be confined within a suitable house or coop with enclosed runway age • Must be kept 30 feet away from any other dwelling unit Laguna Beach Determined by permit • Must be confined within a suitable house or coop with enclosed runway • Requires Animal Services Permit Other California Jurisdictions —_ Aliso Viejo N/A • Not permitted Bakersfield No limitation • Must be kept securely enclosed in a yard or pen at all times • Only allowed in Residential — Suburban and Agricultural Zoning Districts • Enclosure housing livestock or poultry shall be kept or maintained within fifty feet of any dwelling or other building used for human habitation; nor within one hundred feet of the front lot line of the lot upon which such animal or structure is located; nor within ten feet of the street side of a corner lot; nor within one hundred feet of any public park, school, hospital, or similar institution Beverly Hills N/A • Not permitted 19 20 Attachment C, City -By -City Comparison Table City No. of Chickens Allowed Regulations Imposed in Residential Districts Cerritos N/A • Not permitted Lake Forest See "Regulations Imposed" • Specific fencing requirements • Must be kept 50 feet away from any other dwelling • The types, number and manner in which pets and animals are kept is to be regulated, if at all, via the Health Sanitation, and Animal Code by the County Health Officer Long Beach 20 . Must be kept 50 feet from any single- or two - family dwelling or 100 feet from any hotel or dwelling designed for occupancy of 3 or more families • One live fowl may be kept on any lot or parcel provided its pen, coop, or other such enclosure is 20 feet away from any habitable structure Mission Viejo N/A • Specific fencing requirements • Only permitted in agricultural districts Oceanside No limitation • Not allowed within 35 feet of any other dwelling unit • Only allowed temporarily for the purpose of sale at any shop or place of business where the same are bought, sold, or dealt in Orange 5 • Shall be maintained in coops, pens, or other quarters or restraints • Must be kept 20 feet away from any property line Riverside Five or 50 (see regulations) • Minimum lot size of 20,000 net square feet • Must be housed, kept or penned at least 50 feet from any other dwelling • Where poultry are housed, kept or penned at least 100 feet from any other dwelling, 50 are permitted 21 22 Attachment C, City -By -City Comparison Table City No. of Chickens Allowed Regulations Imposed in Residential Districts Sacramento Three • Must be confined within a suitable house or coop with enclosed runway • Must be kept a minimum distance of 20 feet from any other dwelling unit • Not permitted in the front yard • No roosters permitted San Clemente N/A • Not permitted San Diego 25 • Must be kept 50 feet away from any other dwelling • All food for fowl shall be stored in containers which offer protection against rodents. • Site shall be maintained in a sanitary condition San Francisco Four • Shall be not less than 20 feet from any door or window of any building used for human habitation Seal Beach N/A • Not permitted Temecula 50 per acre • Minimum lot size of one half acre, for lots less than one acre only 12 poultry are allowed • Keeping of roosters is prohibited • Must be kept a minimum distance of 70 feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property Tustin 10 • If for commercial purposes, only permitted in agricultural districts • Must be kept 50 feet away from any other dwelling • Must be confined within a suitable house or coop with enclosed runway 23 24 City Council Attachment D Map of 15,000 Square -Foot Lot Locations 2,5 M Single Unit Lots >15,000 soft Name: lots_greater_15000_sq_ft N c •ot* r� //1AN111F r.ae W + E 5 i G'2* 511 , 5'4. 5'2- 5'0- 4'B- 4'0- 4'4- City Council Study Session February 14, 2012 ro- 6'0" 6'6•' 6.4.. 6•z" 5.0.. 576" 5.4.. 5'2" sG" Keeping of Chickens in Single= Family Residential Districts Current Regulations Title 7 (Animals) "...no person shall keep any animal commonly considered livestock within the City except where specifically permitted under the provisions of the Zoning Ordinance" Title 20 (Planning & Zoning) The keeping of poultry (chicken) is allowed in: 1) R -A (Residential Agricultural) District 2) Residential subareas of the SP -7 (Santa Ana Heights Specific Plan) District - SP -7 - R -A J Location CRY of Cuum"t < 1 J Cay m vmc w�s i ��wn'w NUJ P.Cilk Ot. ).CL PI 6eocr Residential - Agricultural (R -A) and Santa Ana Heights Specific Plan (SP -7) Properties Ca ME N NLW Development Standards 20.48.040 (Animal- Keeping) 1) Regulations imposed by Orange County Health Department and Newport Beach Animal Control 2) Must be confined in suitable enclosure at all times 3) Must be maintained to prevent manure from accumulating in setback areas 4) No unreasonable noise 5) Roosters are prohibited 6) Minimum Lot Size of 15,000 SF 7) Limit of two chickens • Regulations for Santa Ana Heights are similar Analysis Pros Resourceful - Poultry is a food source that can provide meat and eggs. Domesticated - Poultry can be raised as pets if properly handled. Common - The keeping of poultry has become a popular trend in some residential communities (typically more rural areas). Novelty Value - Poultry can be considered "novelty pets" that get attention from people as they pass by. Analysis Cons Smell - Poultry produce a large amount of feces that needs to be cleaned up daily. Flies are attracted to the chickens and eggs. Noise - Clucking poultry may not be well- received by neighboring properties and uses. Roosters - Citizens may purchase baby chicks with the uncertainty of knowing whether they are hens or roosters. Roosters are very loud and can be aggressive if not handled on a regular basis and are prohibited in Newport Beach. Analysis Cons Continued At -Large Poultry - Strict regulations and oversight would be necessary to ensure proper housing for poultry and to prevent escape. Predators - Coyotes, raccoons, possums, and skunks may be attracted to the poultry. Disease - There is a remote possibility of salmonella or bird flu being generated from poultry that are raised improperly. Work Load - Establishment of a permit process and accompanying inspections would be necessary to ensure compliance with all regulations. Recommendation Staff believes the current regulations imposed by Title 7 (Animals) as well as the Zoning Ordinance are appropriate. Options 1) Expand the City's regulations to allow the keeping of chickens in other 15,000 square -foot lots single - family zoning districts. 2) Expand to allow the keeping of chickens on smaller lots. ►ter �� ` ♦ . �, �, -- _ 111 ■111�_�■IC SWAG 4 A10% W 111 �� - .��. .. 'r• ,�., +� .may I_►` i ,• i {; •� ■� \�_ / \ c'' •l` 0 a: � � � , E �>•°'�'d . Yom` 1 iwk IN • 1 1 � WP c� 4IF ov 2) Expand to allow the keeping of chickens on smaller, single - family lots. 15,000 SF 11330 7.23% 10,000 SF 4,325 23.52% 7,500 SF 8,555 46.53%