Agenda Item No. 9A April 14, Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager

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1 Agenda Item No. 9A April 14, 2015 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager Barton Brierley, AICP, Community Development Director DISCUSSSION ON HOME CHICKEN KEEPING ORDINANCE DISCUSSION: Background On August 26, 2014, the City Council requested that staff prepare a draft ordinance on home chicken keeping. The Council asked staff to research various limits, such as limits on lot sizes and number of birds, and present recommendations to the Council for their consideration. This matter was scheduled for a City Council discussion on March 10, 2015, and at the request of a spokesperson for local chicken keepers, continued to April 14, Staff has done preliminary research on the topic, including researching ordinances from other cities and various reports. See Attachments 1-3. Staff also met with a focus group of people representing various interests, such as chicken keepers, agricultural experts, Planning Commissioners and concerned residents to research potential ordinance provisions. Staff also posted an online survey. This survey had over 150 unique responses. While this is not a statistically valid survey, it is a very large response. The results are in Attachment 4. Based on this research, staff has developed preliminary recommendations on what to include in a home chicken keeping ordinance. Staff would like to discuss these recommendations with the Council and get further direction prior to the formal hearing process. After receiving direction from Council, staff will prepare a hearing draft ordinance and schedule a Planning Commission hearing to consider the draft. After the Planning Commission hearing, staff will schedule a City Council hearing and present the Planning Commission s recommendation. Discussion Items In considering a draft ordinance, the Council expressed interest in exploring several items. Below is a discussion of several important questions and staff s recommendations. 1. Should home chicken keeping be limited to certain lot sizes, yard sizes or zones? The Vacaville Municipal Code currently allows keeping of chickens only in the Residential Estate (RE), Rural Residential (RR), Agricultural (AG) and Hillside Agriculture (AH) zoning districts, and only on lots greater than one acre. In previous discussions, the City Council expressed interest in exploring whether chicken keeping should be allowed on lots smaller than one acre. The Council asked to explore whether a new minimum lot size, such as 8,000 or 10,000 square feet, should be set.

2 Larger lots have the advantage that the chicken keeping can be separated from neighbors to avoid conflicts. The disadvantage is that larger lot size requirements exclude many households from being able to keep chickens. Most cities do not have minimum lot size requirements for chicken keeping. For those that do, the minimum lot sizes include 5,000 sq. ft., 6,000 sq. ft., 10,000 sq. ft., one acre, and a variety of others. If the Council wishes to restrict chicken keeping to larger lots, then it can do so either by establishing a minimum lot size or by using zoning districts. Staff recommends using zoning districts so that properties in a particular neighborhood are all subject to the same land use rules. By using zoning districts, all of the lots in a particular neighborhood either would or would not be allowed to keep chickens. Lots within a zoning district and within the same neighborhood can vary in size. If lot size is used, then one property owner could be allowed to keep chickens whereas the neighbor would not. See Attachment 5 as an example. There is not a definitive lot size above or below which chicken keeping will or won t generate neighborhood issues; it simply is less likely to generate compatibility issues on larger lots. The choice of what limit to set is the Council s preference. Staff recommends home chicken keeping be allowed in Residential Low Density Zones and prohibited in Residential Low Medium, Medium, and High Density zones. The Council might choose to limit keeping only to RL-6 or larger, or RL-8 or larger zones. See Table 1 for a description of residential zoning districts and minimum lot sizes in Vacaville. Table 1: Vacaville Residential Zones Zoning District Minimum Lot Size Notes Agriculture Agriculture (A) 20 acres Chicken keeping is currently permitted on lots 1 Agriculture Hillside (AH) 20 acres acre or larger. Very few lots have this zoning. Residential Rural RR acres Chicken keeping is currently permitted on lots 1 RR-5 5 acres acre or larger. Very few lots have this zoning. RR acres Residential Estates RE-1 1 acre Chicken keeping is currently permitted on lots 1 RE-20 20,000 sq. ft. acre or larger in these zones. This zoning is not RE-15 15,000 sq. ft. common. RE-12 12,000 sq. ft. RE-10 10,000 sq. ft. Residential Low Density RL-10 10,000 sq. ft. Chicken keeping is not currently allowed. The RL-8 8,000 sq. ft. majority of residential areas are zoned RL-6. RL-6 6,000 sq. ft. There are several areas of RL-8 and RL-5 RL-5 5,000 sq. ft. zoning. Very few lots are RL-10. Residential Low Medium Density RL-4.5 4,500 sq. ft. Chicken keeping is not currently allowed. RL-3.6 3,600 sq. ft. Other Residential Residential Medium Density (RM) 7.5 acres (project area) Chicken keeping is not currently allowed.

3 Residential High Density (RH) Manufactured Housing Park (MPH) 5 acres (project area) 10 acres (project area) 2. Should there be a limit on the number of birds, and what should that limit be? Many codes have limits on numbers of birds. Limits vary from 2 to 25, with 4-10 being the most common. Some vary the number allowed by lot size. Experienced home chicken keepers recommend that at least three birds be kept together. Where the Vacaville Municipal Code currently allows chicken keeping, it limits the number of birds to one per 1,000 square feet of lot area. In the discussion with chicken keepers in the focus group they felt this was an appropriate ratio. Thus, if chicken keeping is allowed on an 8,000 square foot lot, then up to 8 birds would be allowed. Staff recommends this ratio, with some type of cap, such as a maximum of 9 birds. 3. Should certain setbacks be required? A number of cities require setbacks of the coop from adjoining properties. Setbacks range from 10 to 90 feet. Some also require setbacks from the residence itself. This is one way to address neighbor compatibility. On the other hand, many owners allow their birds to roam the yard, so a setback is limited in effectiveness. Large setback requirements effectively could prohibit some lots from keeping chickens at all if the yard is too small. Accessory structures in rear yards typically are allowed to be 3 feet from a property line. This would apply to chicken coops and runs unless the Council establishes some greater setback. Staff recommends that coops and runs be required to be at least 10 feet from a side and rear property line and not be allowed in the front yard. 4. Should coops and runs be limited to a certain height? Accessory structures currently are limited to 12 feet in height. This height limit would apply to coops and runs. The Council could set a lower limit if it chooses. 5. Should roosters be prohibited? Most of those staff spoke with agreed that roosters should not be allowed on typical residential lots. Roosters currently are permitted on lots one acre or larger in agricultural and certain large lot zones. Staff recommends that roosters continue to be prohibited on lots less than one acre. Staff recommends the City continue to allow roosters in agricultural and rural residential zones on lots over one acre. 6. Should the ordinance permit keeping other animals as well? While this ordinance is focused on chicken keeping, the same reasons for wanting to keep chickens apply to other animals as well. Different animals have different impacts, some more and some less, on neighbors. Rabbits generally have very little impact, as they make little noise and typically are contained. Therefore staff recommends that rabbit keeping be allowed with some limits, such as a maximum of 9 animals.

4 7. Should a permit be required? In general, staff recommends that permits not be required. Requiring a permit would allow some investigation of the site and education of the keeper. However, administering a permit program would take staff. Also, those who are responsible enough to get a permit are not likely to be those who generate problems in the first place. As an alternative, the City might require permits if chicken keeping exceeds some thresholds, such as more than 8 birds or on lots less than 8,000 square feet. 8. How should enforcement be handled? Enforcement is key to a successful ordinance. The Municipal Code currently contains provisions for dealing with animal nuisances. See Attachment 6. For example, the code requires that all premises where animals are kept must be kept in a clean and sanitary condition and that fowl cannot escape onto neighboring properties. Noise or trespassing issues require affirmation by three or more persons, or an animal control officer. While the language could be refined, in general, staff feels the ordinance provides adequate legal authority to address when animals become nuisances. Code enforcement staff does receive and investigate complaints about home chicken keeping. Some complaints are about actual nuisance issues, such as noise and odor. Others are simply complaints that the keeping is by law in violation of ordinances. Like any code enforcement issue, the level of enforcement action actually taken will depend on staffing and priorities. The Backyard Hens of Vacaville has offered to provide an education program to help chicken keepers learn proper techniques that may avoid nuisance issues. Staff recommends the City continue to work with that group to implement such a program. FISCAL IMPACT: The fiscal impact at this point is in creating a draft of the ordinance and in holding public hearings. RECOMMENDATION: It is recommended that the City Council give direction on the items discussed in this report. ATTACHMENTS: Attachment 1: Chicken keeping ordinances in nearby cities Attachment 2: Research on chicken keeping ordinances in California Attachment 3: Residential Urban Chicken Keeping: An Examination of 25 Cities Attachment 4: Online survey results Attachment 5: Lot size sample Attachment 6: Municipal Code section on animals

5 Comparison of Chicken Regulations in Nearby Cities City Allow Chickens? Max Chickens Allowed Roosters Allowed? Permit Required? Coop Restrictions and Setbacks Lot Size/Zoning Limits American Canyon Yes NA Yes on lots over 1/2 ac. NA Benicia Yes 10 No No Davis Yes 6 No Yes Dixon Yes 4 Yes if not nuisance No Fairfield Yes 3 No No Napa Yes 6 No No Rio Vista Yes No limit Yes if not nuisance No 2 or more if space is Suisan City Yes adequate Yes if not nuisance No Vacaville Yes Must be on lot over 1 acre Yes if not nuisance No Vallejo Yes 25 Yes if not nuisance No 3-foot setback min. for accessory structures No less than 20 feet from any neighboring house No less than 40 feet from neighboring residences 3-foot setback min. for accessory structures 0-3 feet for accessory structures depending on size 3-foot setback min. for accessory structures 3-foot setback min. for accessory structures Poultry raising allowed in Residential Estates (1 acre minimum), "pets" allowed at any residence No limits No limits Limited to R-1 (7,000 sf min.) No limits No limits No limits 3-foot setback min. for accessory structures No limits Must be 50 feet from the property line or a dwelling on the site. Must be clean 1 acre, Residential Estate or Agricultural and sanitary. Zones 3-foot setback min. for accessory Residential Estate or Planned structures Development Zones Winters Yes Yes if one acre, 1 per 20,000 sf lot size Yes if not nuisance No 50 feet from neighboring house, 20 feet from side or rear property line 1 acre minimum Woodland Yes 6 No No 40 feet from neighboring residences No limits

6 Research on Chicken Keeping Ordinances in California Attachment 2 There are 478 incorporated cities and towns in California, of which 456 are cities and 22 are towns 45 have Chicken Codes. California Chicken Codes: Albany, CA. Allows residents to keep up to 6 hens (no roosters) in their backyard with a permit. American Canyon, CA. Must keep your chicken coop in the back yard, and 50 ft. away from other houses or dwellings where people reside. Anaheim, CA. * I found two different versions of code for this city. One: any number of hens allowed with a permit. Two: can keep 3 chickens on a 5,000 sq.ft. lot, 6 chickens on a 10,000 sq.ft. lot. Bakersfield, CA. Municipal code : Any chickens must be "kept securely enclosed in a yard or pen at all times." Belmont, CA: Up to 20 hens (no roosters over 4 months old) confined in a clean coop. Berkely, CA. Chickens must be kept penned and 30 ft. away from any bedrooms. Campbell, CA. Not more than six animals in all, including hares, rabbits, guinea pigs, feline, bovine, sheep, goat, chickens, turkeys, geese, ducks, doves, pigeons, game birds, or other fowl or any combination thereof. Chula Vista, CA: Up to 12 chickens are permitted on a minimum of 7,000 square feet of land, up to 25, on land where one family occupies one home. An enclosure is required, but must be no closer than 50 feet from neighboring homes. Davis, CA. A total of not more than six chicken hens and you have to keep them penned no less than 40 ft. from neighboring houses. Del Mar, CA: No ordinance regarding raising chickens. City officials refer to county codes, if necessary. Downey, CA. Up to five chickens allowed per lot. El Cajon, CA. Allows up to 24 adult poultry on lots over 20,000 sq ft in residential zones. Encinitas, CA: Up to 10 chickens are permitted in all residential areas. More allowed on larger lots. Coops must be no closer than 35 feet of neighboring homes. Folsom, CA. Not more than any combination of two chickens, ducks, pigeons and rabbits shall be kept within any zoning district of the city other than agricultural or agricultural combining districts; and said animals shall be kept or maintained at least twenty feet from any property line. Page 1 of 3

7 Research on Chicken Keeping Ordinances in California Attachment 2 Imperial Beach, CA. The municipal code says no, but a feed store estimates around 500 chickens are kept as pets. Irvine, CA. Two chickens max. allowed, kept in a sanitary, odor free enclosure. No roosters are allowed. Lemon Grove, CA: Up to three chickens are permitted, in enclosures, in certain residential areas. One chicken per 1,000 square feet, up to 25 are permitted in other residential areas. Coops must be no closer than 20 feet from neighboring homes. Lakewood, CA. It appears Lakewood says residents can have up to 5 female fowl. La Puente, CA. Up to 20 chickens allowed for each ten thousand sq. feet of lot area in residential zones. Lafayette, CA. Residents can keep approximately 4 chickens. Long Beach CA. The law is 1 chicken with a 20 feet setback restriction. Twenty chickens are allowed with a 50 feet setback restriction from single and two-family dwellings, and a 100 feet setback restriction from hotels or multiple (3+) family dwellings. This is virtually impossible in a city like Long Beach. Los Angeles, CA. Number of chickens you can keep is unlimited. Chickens may not be within 20 feet of owner's residence, and must be at least 35 feet from any other dwelling. Los Altos, CA. 1 hen per 1,000 square feet of lot space. No restrictions on coop location. No roosters. Mission Viejo, CA. You are allowed up to two chickens, and roosters are not allowed. But city code says no chickens allowed. Mountain View, CA. Up to 4 hens without a permit. Keep 25 ft. from residences. Within 25 ft. is o.k. with written consent from residences. No roosters. Oakland, CA. Keep chicken enclosed, & 20 ft. from any dwelling, church or school. Oceanside, CA: Up to six chickens are permitted in residential areas, but they must be 35 feet from neighboring houses. Petaluma, CA. Up to twenty animals of mixed combination. Chickens must be kept five feet from a neighbors fence or property line, and they must be kept 20 ft. from neighboring dwellings. Poway, CA. If your property is at least a 6,000 sq.ft. lot, you can keep up to six hens. Must keep chickens 35 feet from neighbors. Dont have your chicken house in any of the set-backs. Redwood City, CA. Maximum of 3 chickens permitted; roosters were recently outlawed. Page 2 of 3

8 Research on Chicken Keeping Ordinances in California Attachment 2 Roseville, CA. Maximum 10 chickens kept 20 ft. from any property line &/or building. They don't delineate hens or roosters. Santa Rosa, CA. Livestock is not permitted here, unless your area is zoned *rural.* May have 25 chickens per 20,000 square feet. No chickens in residential areas zoned R1, R2 or PRC. People keep chickens in this town; just that it is technically illegal to do so. Sacramento, CA. Except for a few areas specifically spelled out in code, keeping chickens is not allowed in Sacramento. Sacramento County, CA. As long as your yard is 10,000 square feet or more, you can keep chickens. San Carlos, CA. Can keep a total number of four (4) poultry. San Jose, CA. 1-4 chickens must be kept 15 feet from neighboring structures. 4-6 chickens must be kept 20 feet away. A permit is required if you keep more than 6 chickens. In any area zoned *residential,* only hens are permitted; no roosters. San Diego, CA. Currently undergoing debates in the city council, trying to get chickens to be legal in this city. San Francisco, CA. Up to four chickens allowed. Up to four small animals total. Keep 20 feet from doors or windows in a coop or enclosure of approved type. San Jose, CA: Up to 6 chickens at least 20 ft. from residences. Up to 4 chickens 15 ft. away from residences. 0 less than 15 ft. No roosters. San Leandro, CA. No livestock of any kind shall be keep within the city limits. But people are currently and actively working on a civic project to get the law reworded to allow chickens and beekeeping, so hop on board with them. San Mateo, CA. Keeping chickens requires a permit here. Up to 10 hens per household. Chickens must be kept in an appropriate pen/coop. Temple City, CA. Basically it allows two hens per property, but no roosters. Vallejo, CA. You are allowed to keep up to 25 chickens if they are kept 15 ft. from neighboring dwellings. Roosters are allowed but subject to noise nuisance violations. Woodland, CA. It is OK to keep up to 6 hens provided they are kept over 40 ft. from neighboring residences. Vista, CA: Two chickens are permitted in certain single-family residential areas, and up to 25 in other areas. Page 3 of 3

9 Residential Urban Chicken Keeping: An Exannination af 25 Cities Missoula Residents with their backyard chjckens. Source: ktry:l/wwu;.missoula.com/news/nadel226 KT LaB*die CRP 5SS $pring Z}SS University of New Mexico May 7e 2{X}E

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29 Attachment 5 Sample of Lot Sizes 10,000 sq. ft. Highlighted lots are greater than or equal to 10,000 sq. ft. All lots area zoned RL-6 (6,000 sq. ft. min. lot size)

30 Attachment 5 Sample of Lot Sizes 8,000 sq. ft. Highlighted lots are greater than or equal to 8,000 sq. ft. All lots area zoned RL-6 (6,000 sq. ft. min. lot size)

31 Attachment 6 Vacaville Codes on Home Chicken Keeping As of November 2014 Municipal Code Title 6: Animals Animals Prohibited on less than one-acre lots. Except as otherwise provided in this code, no person shall keep, corral or harbor any cow, horse, ox, mule, donkey, sheep, goat, hog, chicken, poultry, duck, turkey, goose, dove, pigeon, peacock, guinea fowl, domestic livestock or other cloven-hoofed animal in the City on any single parcel of property less than one acre in size Habitual howling, barking Nuisance declared. The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area is prohibited and is declared to be a public nuisance. Such nuisance shall be abated in accordance with the procedure set forth in Chapter 6.20 of this code Damage or destruction of private property Nuisance. No person shall suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value. Such trespassing is declared to be a nuisance and any such animal may be impounded by the poundmaster Notice to owner to abate nuisance. Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood, or by any animal control officer, that any animal is a habitual nuisance by reason of trespassing, howling, barking or other noise, damage to property, being vicious or by its actions potentially vicious or in any other manner causing undue annoyance, the animal control officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated Rabbits and fowl Running at large Nuisance declared. It is declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits owned or controlled by him to run or fly at large or go upon the premises of any other person in the city Rabbits and fowl Sale for pets or novelties Prohibited when. No person shall display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored, or otherwise artificially treated. This section shall not be construed to prohibit the display or sale of

32 Attachment 6 natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes Cleanliness of premises where animals kept. Every person owning or occupying premises where any animal, fowl, or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which such animal is kept in a clean and sanitary condition and free of bodily waste odor. The keeping or harboring of any animal, fowl or bird, which by its bodily waste odor causes annoyance or discomfort to a reasonable person of normal sensitivity in the area is prohibited and is declared to be a public nuisance. Such nuisance shall be abated in accordance with the procedure set forth in Chapter 6.20 of this code Keeping of Animals and Fowl. A violation of this chapter is a misdemeanor or an infraction punishable pursuant to Section 19.8 of the Penal Code, as such section may be amended or renumbered from time to time. Land Use and Development Code Raising of poultry as an accessory use to a single family residence is allowed in the RE (Residential Estate), RR (Rural Residential), Ag (Agriculture) and AH (Agriculture- Hillside) zones. It is not permitted in other residential zones. In the RE, RR, Ag, andah zones it is subject to the following: The raising of poultry, rabbits, and other small animals for non-commercial purposes on a site at least one acre in area, as follows: 1. There shall be at least 1,000 square feet of site area for each fowl or animal; 2. No structure housing poultry or other small animals shall be closer than 50 feet to a dwelling on the site or to a property line; 3. The minimum site area requirements shall not apply for the raising of small animals when in conjunction with a 4-H or similar type project. Agricultural uses are a conditional use in the CR (Commercial Recreation) zone. They are allowed in industrial zones only where specifically permitted by a policy plan. In the Agricultural zone, it is allowed only where specifically permitted by a policy plan.