REQUEST FOR CITY COUNCIL ACTION
DATE: 08/16/2023
TO: Honorable Mayor and City Council Members
FROM: City Manager’s Office
SUBJECT:
Title
ORDINANCE AMENDING SECTION 6.20.040 OF CHAPTER 6.20 OF TITLE 6 OF THE CORONA MUNICIPAL CODE RELATING TO THE KEEPING OF CHICKENS IN SINGLE-FAMILY RESIDENTIAL ZONES
End
EXECUTIVE SUMMARY:
This staff report asks the City Council to introduce the first reading of Ordinance No. 3377, amending Section 6.20.040 (Criteria and Standards) of Chapter 6.20 (Keeping of Female Chickens) of Title 6 (Animals) of the Corona Municipal Code (CMC) relating to the keeping of backyard chickens. These amendments will modify the criteria and standards for the keeping of chickens on single-family residential property within the City.
RECOMMENDED ACTION:
Recommended action
That the City Council introduce, by title only, and waive full reading of Ordinance No. 3377, first reading of an ordinance amending Section 6.20.040 of Chapter 6.20 of Title 6 the CMC. The amendments modify the criteria and standards such as minimum lot size, maximum number, contained area, and distance requirements.
Body
BACKGROUND & HISTORY:
On February 14th, 2023, Mayor Tony Daddario requested staff provide an overview of Title 6 Animals, Chapter 6.20 Keeping of Female Chickens, and compare its regulations with non-rural neighboring jurisdictions. Staff provided this analysis at the July 19, 2023, Study Session and covered the information provided below (Exhibit 3 - Study Session Staff Report).
Under Title 6 Animals, Chapter 6.20 Keeping of Female Chickens of the Corona Municipal Code, single-family residential zones with a minimum 10,000 sq ft lot may keep female chickens after obtaining a permit from the city. The maximum number of chickens is dependent on the lot size as outlined in the code. However, no more than five chickens are allowed on a single lot. An application must be submitted with an associated $116.00 one-time filing fee to the Animal Services Department. The application is accessible through the city webpage. Once the application has been reviewed and verified by an Animal Control Officer, a permit will be issued to the resident. Additionally, Animal Control Officers have the authority to investigate noise and other complaints on a property with a chicken permit and issue violation fees when necessary. The Animal Control Officer can issue up to three violations increasing $100.00 in fees per violation. The fourth violation will result in a $400.00 violation fee and revocation of the permit.
Additional criteria and standards must be adhered by the resident once assigned a permit. Chickens must be contained and cannot run at large. Proper containment is described as a house or coop with a covered enclosure feature. Containment must be 50 feet from any dwelling and 100 feet from any school, hospital, hotel, daycare facility, healthcare facility, food establishment, restaurant, or similar institution. The chickens must have access to food and water while being kept in clean and sanitary condition free from offensive odors. The commercial use and keeping of roosters are prohibited under the code.
Staff reviewed eight non-rural neighboring jurisdictions including the City of Temecula, Chino Hills, Rancho Cucamonga, Eastvale, Murietta, San Bernardino, Riverside, and Yorba Linda. All chicken ordinances among the eight jurisdictions were reviewed and compared to the Corona Municipal Code. The following tables demonstrate the findings.
Table 1. Residential Permit Required
Table 2. Zone Requirement
Table 3. Lot Size Requirement
Table 4. Number of Chickens Allowed
Table 5. Chicken Age Requirement
Table 6. Containment Requirement
Table 7. Distance Requirement
Table 8. Commercial Use
Table 9. Roosters Allowed
Based on the findings above, staff provided options for amending Chapter 6.20 of Title 6 of the Corona Municipal Code to align with those of the neighboring jurisdictions. These included:
1. Reduce the minimum lot size requirement.
2. Increase the maximum number of chickens allowed on a lot from five to ten.
3. Reduce distance requirements from 50 feet from dwelling to 10 feet from property line. However, the 100 feet requirements from any school, hospital, hotel, daycare facility, healthcare facility, food establishment, restaurant or similar institution must be kept.
Reducing the minimum lot size requirement to keep chickens from 10,000 square feet to 5,000 square feet would allow an estimated 31,658 parcels to keep chickens on their property. Increasing the maximum number of chickens on a lot from five to ten allows residents more flexibility like their neighboring jurisdictions. By reducing the distance requirements from 50 feet from dwelling to 10 feet from property line this gives the lot owner more freedom to adjust chicken containment on their lot while still protecting the distance between the resident and their neighbor.
Also, based on feedback from the Animal Services Division and the Planning and Development Department, staff recommended the additional requirement of a maximum six feet height for all chicken containment. The six-foot maximum height will minimize the likelihood that the coop is seen by neighbors while protecting the health of the chickens by ensuring their containment is safe and secure.
ANALYSIS:
During its July 19, 2023, Study Session, the City Council provided direction to staff to amend Section 6.20.040 of Chapter 6.20 of Title 6 of the CMC in areas outlined in Table 10 below. City Council requested that these changes be part of a pilot program, and for staff to report back on impacts of the changes after one year.
Table 10. Amendments to CMC
|
Criteria and Standards |
Amendments |
|
Lot Size |
The keeping of chickens shall be permitted only on lots within single-family residential zones that have a minimum lot size of 5,000 square feet. |
|
Maximum Chickens |
The maximum number of chickens that may be kept on each lot shall be based on lot size as follows, up to a maximum of ten (10) chickens on each lot:  |
|
Containment |
Chickens permitted to be kept pursuant to this chapter shall not be permitted to run at large on the lot but shall be at all times contained within a suitable house or coop no greater than six (6) feet in height with an enclosed runway and an area that provides protection from the weather. |
|
Distance |
No person shall maintain any chicken house or coop within 10 feet of their property line. |
Should the City Council approve the proposed amendments to Section 6.20.040 of Chapter 6.20 of Title 6 of the CMC, a second reading of Ordinance No. 3377 will take place on the September 6, 2023, City Council meeting. If the second reading is approved, the Ordinance would be adopted and its amendments to the CMC would become effective October 6, 2023, 30 days after adoption. Thus, staff will report back on the impacts of the changes a year after the Ordinance goes into effect (October 6, 2024).
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This Ordinance modifies the criteria and stands for the keeping of a limited number of chickens in single-family residential zones and there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: CARMEN ZAMBRANO, CITY MANAGEMENT FELLOW
REVIEWED BY: JUSTIN TUCKER, ASSISTANT CITY MANAGER
REVIEWED BY: BRETT CHANNING, ASSISTANT CITY MANAGER
Attachments:
1. Exhibit 1 - Ordinance No. 3377
2. Exhibit 2 - Ordinance No. 3377 (Redline)
3. Exhibit 3 - Study Session Staff Report