City of Avenal Pistachio Capital of the World Avenal Planning Commission Meeting Avenal Theater, 233 E Kings Street, Avenal, CA Monday, August 14, 2017 6:00 P.M. Chair: Mike Beil Vice-Chair: Donna Elliott Commissioners Mike Beil Donna Elliott Jeanie Tillotson Vacant Vacant Staff Fernando Santillan, Community Development Director Maria A. Ortiz, City Clerk Antony V. López, Associate Planner Last Adopted Resolution: 2017-01 <><><><><><> AGENDA 1. CALL TO ORDER: Chairman Beil 2. APPROVAL OF MINUTES: June 12, 2017 3. SWEARING-IN OF NEW COMMISSIONER: A. Pablo Hernandez 4. PUBLIC COMMENT/ ANNOUNCEMENTS/ UNSCHEDULED APPEARANCES: Any person may directly address the Planning Commission at this time on items on the agenda or on any other items of interest to the public within the subject matter jurisdiction of the Planning Commission. State Law prohibits any member of the Commission from commenting or taking action on matter not on the agenda. Comment limited to three (3) minutes per person. 5. PUBLIC HEARINGS: None Oasis in the Sun Gateway to the Coast 919 Skyline Blvd Avenal, CA 93204 Ph: (559) 386-5766 Fax: (559) 386-0629
City of Avenal Pistachio Capital of the World 6. NEW BUSINESS: A. Discussion of Zoning Ordinance 9.10.6 D, regarding poultry (chickens) in R-1 Zone i. Staff Report ii. Discussion 7. ECONOMIC DEVELOPMENT OVERSIGHT COMMITTEE COMMENTS A. Economic /Community Development Activity Update 7. COMMENTS: A. Planning Commissioners 8. ADJOURNMENT In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk s office (559) 386-5766. Notice 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.0235.02.35.104 AA Title II]. Materials related to an item on this Agenda submitted to the Commission after distribution of the agenda packet are available for public inspection in the Planning Department s Office located at City Hall, 919 Skyline Blvd., Avenal, California, during normal business hours. Oasis in the Sun Gateway to the Coast 919 Skyline Blvd Avenal, CA 93204 Ph: (559) 386-5766 Fax: (559) 386-0629
AVENAL PLANNING COMMISSION MEETING AVENAL THEATER: 233 E. KINGS STREET Monday, June 12, 2017 6:00 P.M. <><><><><><><><><><> MINUTES 1. CALL TO ORDER: Chairman Beil opened the regular Planning Commission Meeting at 6:03 p.m. Commissioners Present: Commissioners Absent: Staff Present: Beil, Elliott, Tillotson Garcia Ortiz, López, Santillan 2. APPROVAL OF MINUTES: February 6, 2017 6:03 p.m. Minutes approved on motion by Commissioner Elliot, second by Commissioner Tillotson. Motion carried with one absence. 3. PUBLIC COMMENT/ ANNOUNCEMENTS/ UNSCHEDULED APPEARANCES: 6:03 p.m. No public comment. 4. PUBLIC HEARING 6:04-6:26 p.m. A. Consider Conditional Use Permit Application No. 2017-01 pertaining to an outpatient substance abuse and mental health counseling office at 513 S. 6th Street i) Staff provided background and on this item. Applicant Crystal Hernandez was in attendance. Request for permit to operate at said address as an out-patience recovery office. Location previously a Mormon church. Rather large location. Meets the need for separate meeting rooms, case management. Mr. Scott Davis, Mr. Santillan visited recently - currently being renovated. Parking a concern, there are plans to provide offsite parking 4 spaces minimum. Owner Tony Henderson will pave what is needed. ii) Public Comment: at 6:07 p.m. Ms. Hernandez, explained history of Champions and her history in Avenal. They are currently using public shared space, Scout House, Recreation Center. Champions has programs for the entire family, and wish to facilitate their numerous clients in Avenal. Commissioner Elliot, questioned about where Champions is headquartered. Ms. Hernandez explained their many locations, and who finances Champions. Commissioner Elliot asked if they take sex-offenders. Mr. Santillan: backed the services, that no issues since using City shared space. Ms. Hernandez explained they do not take sex-offenders, the rigorous process to admit patients and their processes to have licenses, and support they have from their neighbors at their many locations. iii) After closing the Public Hearing at 6:20 p.m., Commissioners then discussed the application. Motion made by Commissioner Tillotson to approve CUP 2017-01. Second by Commissioner Elliot. Motion carried with one absence. B. Consider Variance Application No. 2017-01 pertaining to the construction of a carport at 221 W. Stanislaus 6:21 p.m. i) Mr. Santillan explained current state of property s carport. Read submitted staff report. ii) Commissioner Elliot would like to require homes work at displaying their house number better, Mr. Santillan will ask Code Enforcement to work on it.
iii) After closing the Public Hearing at 6:26 p.m., Commissioners then discussed the application. Motion made by Commissioner Elliot to approve VAR 2017-01. Second by Commissioner Beil. Motion carried with one absence. 5. NEW BUSINESS: 6:26 p.m. A. Santillan: Councilwoman Rosa Moreno would like to sponsor Pablo Hernandez to be considered in filling in the vacancy on the Planning Commission. If not interested, City will advertise to fill the vacancy. 6. ECONOMIC DEVELOPMENT OVERSIGHT COMMITTEE COMMENTS 6:27-6:35 p.m. A. Economic Development / Community Development Activity Update from Mr. Santillan i. Introduced new hire, Associate Planner, Antony López. ii. Updates from Panda Koala development by Middle School. 6-8 home per year, to total 30 homes. iii. Rain season being over, more construction activity in town. iv. City received CDBG grant for a Recreation Facility. Expected, end of 2018. v. Housing grants for First Time Home Buyer and Rehabilitation will be offered. City has a waitlist of applicants. vi. Internal projects: building a data base to help track commercial development. (a) Currently focusing on highway commercial property, looking for partners to develop properties along Interstate 5. vii. Improvements to Rice Park, LED lights, new basketball goals, containment net installed. Still waiting for bleachers to be installed. viii. First Farmer s Market of 2017 happening Friday June 16 th. ix. City Council amended water usage. (a) Commissioner Beil asked for an update about water slide from hills surrounding the City. x. General Plan update: in progress of complying with the California Environmental Quality Act (CEQA). Planning Commission should expect meetings in the Fall concerning updates to the General Plan. 7. COMMENTS 6:36-6:46 p.m. A. Planning Commissioners Comment i. Commissioner Elliott: Streets expressed concern with area between SR-33 and San Joaquin St. being a mess, branches have fallen. Near Tamarack Elementary school, branches have also fallen, needs to be cleaned. Complaint regarding a trailer on San Joaquin St., between C and D St., that needs to be moved. a. Mr. Santillan: Code Enforcement and PD, working to keep the streets free from obstructions. ii. Commissioner Tillotson asked for updates regarding the Body Shop on Kings St., and for better enforcement of vehicles being parked on lawns. a. Mr. Santillan: Body Shop owner in process at acquiring a property to accommodate more vehicles, currently negotiating a property. Progress is moving slowly. 8. ADJOURNMENT There being no further business the meeting was adjourned at 6:46 pm. Respectfully Submitted, Fernando Santillan, Secretary
CITY OF AVENAL PLANNING COMMISSION STAFF REPORT August 14, 2017 BACKGROUND: An Avenal resident recently approached the City Council requesting consideration of a proposal to allow backyard chicken coops in residential zones. Currently our Zoning Ordinance expressly prohibits any poultry in Single-Family Residential (R-1) or High Density Multi-Family Residential (R-3) zones, but does allow poultry in Residential Estate (R-E) with very specific standards for structures. This request is to review the ordinance specifically pertaining to R-1 zone districts. The City Council has subsequently directed staff to present the matter to the Planning Commission for consideration, discussion, and recommendations that may be considered by the City Council at a future meeting. ANALYSIS OF ORDINANCE: Section 9.10-6 D of the Avenal Zoning Ordinance states that: No poultry or fowl of any type if allowed in the R-1 Zone (chicken, rooster, duck, pheasant, geese, etc.) Staff is recommending that the Planning Commission take this request into consideration and discuss the following: A. Current City Zoning Ordinances (Attachment A). B. Staff Research (Attachment B) C. Example from Chico, California (Attachment C) RECOMMENDATION: None at this time.
RESIDENTIAL ESTATE (RE) Chapter 9.19 RESIDENTIAL DISTRICT SPECIFIC STANDARDS Sections: 9.19.01 LAND USE DISTRICT SPECIFIC STANDARDS 9.19.01 LAND USE DISTRICT SPECIFIC STANDARDS. In addition to the general and specific design guidelines contained in each applicable Base Zone, the following standards shall apply to specific residential districts: A. Accessory Structures Accessory structures in residential land use districts shall be subject to the permit procedure described in 9.75.02, are subject to Ministerial Review, and shall be compatible with the materials and architecture of the main dwelling on the property. Accessory structures may only be constructed on a lot containing a primary dwelling unit. Accessory structures may be built to the interior side and rear property lines provided that such structures are not closer than ten (10) feet to any other structure. Zoning Ordinance requirements may further restrict the distance to be maintained from property lines or other structures. The accessory structure may be a maximum of 20% of the main structure footprint and comply with the requirements set forth in Table 9-4. B. Livestock Livestock shall be considered those typically associated with farms or agricultural land uses such as cattle, sheep, goats, horses or hogs. Livestock are allowed in zones identified in Table 9-3. In zones where Livestock are permitted, all of the following development standards and conditions apply: 1. Breeding, raising and keeping of birds, rabbits, chinchillas, or fish for domestic use of the resident on the lot is permitted, however, there shall be no killing of animals or dressing of such animals for any purpose except within the R-E zone. 2. Keeping of cattle, sheep, goats, horses or hogs owned by the resident of the lot is permitted in the R-E Z one provided that any combination of such animals be limited to one animal per 1/2 acre. No killing or dressing of such animals shall be conducted on the lot. 3. In the R-E Zone, p ens, coops, stables and other structures housing livestock or poultry shall be at least: 9.19-1 Attachment A (1)
RESIDENTIAL ESTATE (RE) a) 100 feet from the front property line and 25 feet from side and rear property lines. b) Corrals and other enclosures shall be no less than 30 feet from dwelling units within the same zoning district or less restrictive agricultural districts, but no less than 100 feet from division lines separating the R- E District from more restrictive zoning districts. Pastures may be located within the front yard setback for those lots with substantial front yard setbacks. 4. All fencing shall comply with the applicable Design District. Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material and color such as split rail fencing as approved by the Community Development Director. 5. All development which involves housing or enclosing livestock shall be reviewed by the Community Development Director for compliance with this Section and any other applicable statutes, laws and ordinances. 6. Applicant shall allow inspection of animal maintenance facilities by the City of Avenal Building Inspector, Animal Control, and by the Kings County Department of Public Health. 7. Any permit issued pursuant to this Section may be revoked or modified pursuant to section 9.75 (Permit Procedures) of this Ordinance upon receipt of a recommendation for revocation or modification from the Kings County Department of Public Health, Avenal Animal Control Officer or from the City of Avenal Building Inspector. C. Day Care Standards An operating license, if required, shall be obtained through the Kings County Human Services Department prior to or concurrently with obtaining a permit pursuant to this Chapter. The applicant shall comply with all State, County, and City regulations which are administered by the Human Services Department or any other agency designated by the State Department of Social Services. Day care homes for both children and/or adults shall comply with the following provisions: 1. The activity shall conform to all property development standards of the land use district in which it is located. Day Care C enters shall be located in a single family dwelling, detached from any other dwelling structure. 2. Day Care centers may be located no closer than 500 feet, in any direction, from an existing D ay Care C enter, measured from property line to property line except that they may be located no closer than 250 feet measured from 9.19-2 Attachment A (2)
SINGLE FAMILY RESIDENTIAL (R1) C. All development in the R-1 Zone shall comply with the minimum standards set out in Chapter 9.19 (Residential District Specific Standards). D. No poultry or fowl of any type is allowed in the R-1 Zone (chicken, rooster, duck, pheasant, geese, etc.). E. The number of dogs per household shall be limited to three with the exception of newborns. Any number of puppies shall be allowed until they reach the age of six (6) months. 9.10-7 Attachment A (3)
HIGH DENSITY MULTI- FAMILY RESIDENTIAL (R3) 9.12.06 MINIMUM LOT AREA PER DWELLING UNIT. See Table 9-4. 9.12.07 YARDS AND SETBACKS. See Table 9-4. 9.12.08 HEIGHT LIMITS. See Table 9-4. 9.12.09 MINIMUM DISTANCE BETWEEN STRUCTURES. See Table 9-4. 9.12.10 PARKING. Off-street parking shall be provided in accordance with the requirements of Chapter 9.60 of this Title. 9.12.11 SIGNS. The following signs are permitted in the R- 3 Zone in accordance with Chapter 9.61 of this Ordinance: A. Two monument signs (one per major entrance) up to six feet in height and 16 square feet per sign face. B. One Real Estate sign up to six square feet. 9.12.12 LANDSCAPING. Landscaping shall be provided in accordance with the requirements of Chapter 9.63 of this Ordinance. 9.12.13 FENCES (INCLUDING WALLS AND HEDGES). Fencing standards in Section 9.11.13 shall apply to this zone. 9.12.14 SPECIAL REVIEW PROCEDURES AND DEVELOPMENT STANDARDS. A. All development in the R- 3 zone shall comply with the minimum standards set out in Chapter 9.19, Residential District Specific Standards. B. Development in the R- 3 zone shall also comply with the interpretations and provisions of Chapter 9.73 of this Ordinance. C. Development in the R- 3 zone shall include a minimum 10 percent landscaped open space. E. All projects shall require a Site Plan Review, pursuant to Chapter 9.75.02. F. No poultry or fowl of any type is allowed in the R- 3 zone (chicken, rooster, duck, pheasant, etc.). G. The number of dogs per household shall be limited t o three with the exception of newborns. Any number of puppies shall be allowed until they reach the age of six (6) months. 9.12-2 Attachment A (4)
Chicken Ordinance research Permits and fees Same as with cats and dogs. Some towns and cities will require permits only if the number of birds exceed the amount set in the ordinance. Number of birds permitted Limits based on available space. Distances from property lines and lot sizes are usually taken into consideration when determining the number allowed. The most common number of birds permitted is either 3 or 4. However, in some cities the ordinances are flexible and if you wish to keep more than the stated number of birds, for example 3, you are allowed to apply for a permit to do so. Regulation of roosters Roosters are subject to noise ordinances in some towns and cities. Though a few towns and cities allow them, many of them don't. Some towns and cities will allow you to keep a rooster only if he is under 4 months of age. Since one of the main reasons people keep chickens is for eggs, it is generally accepted to only allow hens. Enclosure Requirements Some towns and cities have set requirements regarding coops and enclosures, some are unclear and some have no set requirements. Many do not permit birds to "run at large", i.e. free range around your backyard. In some towns and cities you may need to have your coop plans and building materials approved before you can start building. Nuisance Clauses The nuisances include one or more of the following: noise, smell, public health concerns, attracting flies and rodents, cleanliness of coops and disposal of manure. Slaughtering Restrictions Some towns and cities will only allow the slaughtering at a designated place. Distance Restrictions Distance restrictions between the location of the chicken coop and property lines or nearby residences are stated in some ordinances. Again, some towns and cities have no restrictions and some are unclear. Most distance requirements are coop location distance from nearby residences and fewer were distance from property lines. The distance required from property lines could range from 10 to 90 feet and the distance from residences range from 20 to 50 feet. If a town or city chooses to have distance regulations, average lot sizes will need to be taken into consideration. Distance requirements to neighboring homes are generally easier to achieve as the distance includes part of the neighboring property as well as the chicken owner's property. Unique Regulations Most towns and cities' regulations have some of the above in common, but some have unique regulations in place as well. For example: - Chicken feed must be stored in rodent proof containers - Coops must be mobile to allow protect turf and prevent the buildup of waste and pathogens. - Some have minimum square feet requirements per bird in the coop and run. 1 - Communities forbid problems that might arise with chicken keeping, rather than forbidding chickens themselves. - There is an argument for chickens as part of sustainable living 1 https://www.backyardchickens.com/articles/chicken-laws-and-ordinances-and-how-to-change-them.65675/ Attachment B (1)
Chico California Chicken Ordinance Are Chickens Allowed in this location Max Chickens Allowed Roosters Allowed Permit Required Coop Restrictions City/Organization Contact name Additional Information Yes For Traditional Neighborhood Development (TND) areas: 1 per 250 sq ft of space (can't include house our setback areas) No No For TND zoned areas: Coops have to be at least 25 ft from all side lot lines & 50 ft from any adjacent street or house. Chickens can t be kept within 20 ft of any peopleoccupied structure. City of Chico Code Enforcement Physical location: 411 Main Street Chico, CA 95928 Mailing address: PO Box 3420, Chico, CA 95927 Scott Armstrong, Code Enforcement Supervisor, 530-879-6330 rschrein@ci.chico.ca.us Animal Control 530-897-4960 Roosters not allowed in the RS, R1 and TND zoning districts. Night quiet time is 9pm to 7am. Found no mention of any permit needed for chickens. Licenses are only required for dogs. ---------------------- Chico Municipal codes ---------------------- TITLE 7 ANIMALS 7.20 Animals--Keeping. 7.20.010 Prohibited - Exceptions. It is unlawful to keep within the city any animal of any species for any purpose except where specifically permitted in a particular zone by provisions of the zoning laws of the city. This provision does not apply to the riding or transporting of animals through the city. Title 19 LAND USE AND DEVELOPMENT REGULATIONS 19.76.020 Accessory uses and structures. C. Agricultural Accessory Uses and Structures. Accessory structures for housing cattle, goats, horses, sheep, swine, or other similar animals shall be located at least 25 feet from all side lot lines and 50 feet from any adjacent street, highway, or residential dwelling unit, in compliance with Section 19.76.040 (Animals and fowl). 19.76.040 Animals and fowl. A. Household Pets. Household pets may be kept as an accessory use of residential property, provided they are kept in a humane and sanitary manner and in compliance with the provisions of this section. B. Requirements. 1. The area proposed for the animal to be kept is in compliance with Subsection F (Other Animals), below; 2. Bulls, cows, goats, hogs, horses, pigs, and sheep shall not be kept within 50 feet of any dwelling or occupied structure on neighboring properties; and 3. Fowl shall not be kept within 20 feet of any dwelling or occupied structure. Roosters shall not be allowed in the RS and R1 zoning districts or in the TND zoning district.... E. Offensive Animals. No persons shall keep, maintain, or have in their possession on any property owned or controlled by them any household pets or any other animals in a manner, number, or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor. F. Other Animals. Exclusive of the area devoted to residential uses, the following areas shall be required for each animal to be raised or kept on any residential parcel. * Chinchillas, poultry, rabbits, and other similar allowed small animals: 250 sq.ft. for each animal G. Calculation of the minimum site area required for animals shall not include any areas within the footprint of a structure used for Attachment C (1)
human habitation, or any areas subject to the setbacks from occupied dwellings which are required by Section 19.76.040B.2. 19.80.070 Allowable land uses. Table 6-1 Allowed Land Uses and Permit Requirements for AGRICULTURAL, RESOURCE & OPEN SPACE Neighborhood Edge (NE): Animal Keeping =Permitted Use Neighborhood General (NG): Animal Keeping =Use Not Allowed Neighborhood Center (NC): Animal Keeping =Use Not Allowed CORE (most urban): Animal Keeping =Use Not Allowed Animal Keeping is Subject to Standard in Section/Chapter: 19.76.040 Title 9 PUBLIC PEACE, SAFETY AND MORALS 9.38.010 Declaration of policy. It is hereby declared to be the policy of the city that the peace, health, safety and welfare of the citizens of Chico require protection from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to regulate and control the adverse effect of such noises on citizens under any conditions of use, especially those conditions of use which have the most severe impact upon the auditory senses of any person. 9.38.015 Application and enforcement of chapter. B. This chapter shall only be enforced after a citizen complaint has been received. This chapter allows for different methods of enforcement. The appropriate method of enforcement shall be determined by the enforcement officer. F. Noise, Unreasonable. Unreasonable noise means noise produced by human voice, machine, animal, or device, or any combination thereof, that is so loud, unnecessary, excessive, or unusual that it unreasonably disturbs the peace and quiet of any neighborhood, unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal sensitivity residing or working in the area. 9.38.030 Residential property noise limits. A. No person shall produce, suffer or allow to be produced by human voice, machine, animal, or device, or any combination of same, on residential property, a noise level at any point outside of the property plane that exceeds, at any point outside of the property plane, seventy (70) dba between the hours of seven a.m. and nine p.m. or sixty (60) dba between the hours of nine p.m. and seven a.m. B. No person shall produce, suffer or allow to be produced by human voice, machine, animal, or devices or any combination of same, on multifamily residential property, a noise level more than sixty (60) dba three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources may be located. 9.44.030 Animals running at large or grazing in streets generally. It shall be unlawful for any person owning or having the control of, or being the keeper of, any horse, mule, cow, goat, sheep, hogs, ass or domestic fowl, to permit the same to run at large upon or graze or feed upon any public street, alley, sidewalk or public place of the city. Link for more Information http://www.chico.ca.us/government/municipal_code.asp 1 1 https://www.backyardchickens.com/articles/chico-california-chicken-ordinance.61768/ Attachment C (2)