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HomeMy WebLinkAbout10/22/2012 City Council Members: Rhonda Smiley, Assistant to the City Manager Sue Benham, Chair Jacquie Sullivan Rudy Salas AGENDA SUMMARY REPORT Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE Monday, October 22, 2012 - 12:00 p.m. City Hall North First Floor – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:00 PM. 1. ROLL CALL Present: Councilmember Sue Benham, Chair Councilmember Jacquie Sullivan Councilmember Rudy Salas Staff Present: Rhonda Smiley, Asst. to the City Manager Ginny Gennaro, City Attorney Steven Teglia, Asst. to the City Manager Andrew Heglund, Deputy City Attorney Chris Huot, Administrative Analyst Richard Iger, Associate Attorney Doug McIsaac, Community Development Director Jim Eggert, Planning Director Phil Burns, Building Director Others Present: Antonie Boessenkool, Bakersfield Californian Hannah Austin, Bakersfield Citizen Erin McConkey, Bakersfield Citizen Brandy Vencel, Bakersfield Citizen Bob Snoddy, Bakersfield Citizen Everett Vencel, Bakersfield Citizen Jenine Snoddy, Bakersfield Citizen Avery Vencel, Bakersfield Citizen Linda Snoddy, Bakersfield Citizen Quinnlyn Vencel, Bakersfield Citizen Kimbrah Gonzalez, Bakersfield Citizen Owen Vencel, Bakersfield Citizen Jason Cater, Bike Bakersfield 2. ADOPT SEPTEMBER 18, 2012 AGENDA SUMMARY REPORT Adopted as submitted Legislative and Litigation Committee Meeting Monday, October 22, 2012 Agenda Summary Report Page 2 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Discussion Regarding Ownership of Chickens in Urban Residential Zones – McIsaac / Eggert / Gennaro Community Development Director Doug McIsaac stated five out of ten comparable cities surveyed, allow chickens and other forms of urban farming in residential areas and the remaining cities do not. The total number of allowable chickens per residence varies in range from 2 to 50. Mr. McIsaac stated there is an existing process in the zoning ordinance related to animal raising in rural residential zones which requires an applicant to submit a plot plan showing separation of the animal pen from neighboring homes and provide written approval from all adjacent property owners. The request would then be reviewed and approved by the Planning Director. The existing model could be used to create a similar process for chickens in residential zones. Committee Chair Sue Benham inquired as to the amount of the fee for such a process. Planning Director Jim Eggert stated the existing process is limited to agricultural or residential suburban zone areas, and there is currently no fee. Community Director McIsaac also stated that correspondence was received on the matter. A total of 11 letters were received; three letters of support and eight in opposition to the matter. Bakersfield resident Linda Snoddy stated she drives 20 miles one way to care for the chickens she raises. She stated hens make very little noise compared to barking dogs or cats fighting. Chicken waste can also be used as fertilizer, and chickens are less likely to contract diseases from wild birds as they are confined. Bakersfield Resident Kimbrah Gonzalez stated research shows more diseases can be spread through dogs and cats then from chickens. She compared the noise level of a hen laying an egg to that of a human conversation. Ms. Gonzalez also stated that the amount of waste created by an average cat or dog is equivalent to the waste matter of ten chickens. Up to a maximum of three, dogs, cats, goats, and pot-bellied pigs, are all allowed in residential zones and they all contribute to attracting more pests and odors compared to keeping chickens in a coop in a backyard. Committee member Rudy Salas asked if goats and pot-bellied pigs are allowed in residential zones and if the individuals need to acquire a special permit. Legislative and Litigation Committee Meeting Monday, October 22, 2012 Agenda Summary Report Page 3 Planning Director Eggert stated pygmy goats and Vietnamese pot-bellied pigs are allowed in residential areas as pets. No special permit or process is necessary. Committee member Salas asked staff to explain the most significant health and safety concern of allowing chickens in residential zones. Community Development Director McIsaac stated that Salmonella germs could be found in chicken waste and on their bodies. In addition, allowing chickens at single family residences could have significant impact on all residents in neighborhoods where chickens are allowed. Committee member Jacquie Sullivan stated that restrictions, such as limiting the number of allowable chickens and restricting the distance they are kept from other residences could possibly make it feasible for families wanting to have chickens. Committee Chair Benham requested that the City Attorney draft an ordinance that would allow chickens in residential zones, using the City of Santa Rosa’s ordinance as an example, where chickens could be kept by right. Committee members Salas and Sullivan requested the City Attorney draft an additional ordinance whereby individuals would be required to acquire a permit. This would allow a review of the individual residence, and additional restrictions, if needed, could be imposed. City Attorney Gennaro stated that any ordinance accepted by the Committee would have to be presented to the full Council and then heard by the Planning Commission, as it would require changes to residential zones. After review by the Planning Commission, it would be presented to the full Council again for the first and second reading, followed by the 30 day waiting period for the ordinance to take effect. 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 12:31 cc: Honorable Mayor and City Council