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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
Planning and Building Department
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DATE:
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July 12, 2010
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BOARD MEETING DATE:
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July 27, 2010
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SPECIAL NOTICE/HEARING:
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10-Day Notice
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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Jim Eggemeyer, Community Development Director
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SUBJECT:
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Consideration of amendments to the San Mateo County Zoning Regulations to establish regulations for the keeping of domestic poultry in R-1 (Single-Family Residential), R-2 (Two-Family Residential), RE (Residential Estate) and RH (Residential Hillside) zoning districts located in unincorporated San Mateo County.
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County File Number: PLN 2010-00125 (Planning and Building Department)
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RECOMMENDATION:
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Adopt four ordinances amending the San Mateo County Ordinance Code (Zoning Annex), Division VI, Part One, adding Section 6401.1.1 and amending Chapters 1, 22, 5, 6, 7, and 35 to establish regulations authorizing the keeping of domestic poultry in R-1, R-2, RE and RH zoning districts.
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BACKGROUND:
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In September 1992, the County Board of Supervisors amended the County Ordinance Code so as to preclude the keeping of poultry in nearly all residential zoning districts. In 2009, the Planning Department was asked to inquire into whether County regulations should be amended to allow the keeping of domestic poultry in residentially zoned districts. In response, and upon review of other jurisdictions’ similar regulations regarding the keeping of domestic poultry, Planning staff has prepared amendments to the County Ordinance Code to allow the keeping of domestic poultry in the R-1, R-2, RE and RH zoning districts. The R-1/CCP (Single-Family Residential/Country Club Park) district is not addressed by this action because the regulations for this zoning district currently allow the keeping of domestic poultry, as do all rural zoning districts. Further, staff’s review of other local jurisdictions’ regulations revealed that most do allow domestic poultry in residentially zoned districts (see Attachment B). On May 26, 2010, the Planning Commission considered an initial draft ordinance and, after discussion, directed staff to revise the proposed ordinances. Thereafter, after a meeting on June 30, 2010, the Commission directed staff to make further revisions and to present the proposed ordinances to this Board.
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Proposal: The Planning Department proposes amendments to the San Mateo County Zoning Regulations (Section 6401.1.1 of the San Mateo County Ordinance Code) to allow the keeping of domestic poultry in R-1 (Single-Family Residential), R-2 (Two-Family Residential), RE (Residential Estates) and RH (Residential Hillside) zoning districts. The amendments, among other things, (1) define domestic poultry; (2) establish the number of domestic poultry allowed, based on parcel size, and (3) establish the location of enclosures for the keeping of domestic poultry.
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Planning Commission Action: The Planning Commission recommends (5-0) that the Board of Supervisors adopt the proposed amendments to the San Mateo County Zoning Regulations.
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Report Prepared By: Tiare Peņa, Project Planner, Telephone 650/363-1850
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DISCUSSION:
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A.
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KEY ISSUES
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1.
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Definitions of Domestic Poultry
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“Domestic poultry” includes only chickens and ducks. Roosters are excluded, due to concerns about noise, and are not authorized to be kept under the proposed ordinances.
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2.
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Limitations to R-1, R-2, RE and RH Districts Based on Minimum Parcel Size
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The minimum parcel size in an R-1, R-2, RE or RH zoned district for the keeping of domestic poultry is 2,500 square feet.
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3.
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Limitations of the Number of Domestic Poultry Based on Parcel Size
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On parcels that are greater than 2,500 square feet, but less than 7,500 square feet in size, a maximum of six (6) domestic poultry may be kept. On parcels that are at least 7,500 square feet in size, a maximum of ten (10) domestic poultry may be kept.
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4.
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Location and Sanitation of Enclosures
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All domestic poultry kept pursuant to this chapter must at all times be kept within the confines of the yard, and domestic poultry shall be housed in coops no larger than 100 square feet in size. Such coop shall be located on the rear half of the parcel and comply with setbacks, pursuant to the accessory building regulations, Sections 6410 and 6411 of the San Mateo County Zoning Regulations. Such parcel shall be enclosed on the side and rear yards by a good and substantial fence of at least six (6) feet. All yards/coops for domestic poultry must be kept in a sanitary condition and free from offensive odors. Nothing in the proposed regulations shall exempt any property owner(s) from any regulations regarding the height or location of fences.
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Any domestic poultry found to be kept in violation of the proposed regulations would be subject to the regulations of Title 6, Section 6.04.170 of the County Ordinance Code related to impoundment of animals. The Animal Control Officer and the Division of Animal Control Services are responsible for enforcement of this section of the County Ordinance Code.
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5.
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Nuisance and Violations
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The proposed regulations provide that it would be unlawful for any person or persons to possess, maintain or cause to be possessed or maintained within any R-zoned district within unincorporated San Mateo County any live domestic poultry unless each of the requirements in the proposed regulations have been met. The regulations would also provide that a violation of them would be an infraction, and that any violation would be referred to the Planning and Building Department’s Code Compliance Section for review and abatement.
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B.
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ENVIRONMENTAL REVIEW
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The proposed Ordinance Code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code, Section 15061(b)(3). The amendments are covered by the General Rule which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It is certain that the proposed amendments will not lead directly to any physical development which would significantly affect the environment.
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C.
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REVIEWING AGENCIES
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County Counsel
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Agricultural Weights and Measures
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Environmental Health Division
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County Animal Control Services
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County Counsel has reviewed and approved the proposed materials as to form and content.
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The proposed ordinances contribute to the 2025 Shared Vision outcome of a Livable Community by allowing individuals the opportunity to provide a local and sustainable food source for their families.
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FISCAL IMPACT:
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None.
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ATTACHMENTS:
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A.
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Recommended Findings
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B.
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Comparison of Domestic Poultry Regulations for Surrounding Jurisdictions
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Attachment A
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COUNTY OF SAN MATEO
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PLANNING AND BUILDING DEPARTMENT
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RECOMMENDED FINDINGS
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Permit File Number: PLN 2010-00125
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Board Meeting Date: July 27, 2010
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Prepared By: Tiare Peņa, Project Planner
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For Adoption By: Board of Supervisors
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RECOMMENDED FINDINGS:
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Regarding the Environmental Review, Find:
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A.
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That the proposed Ordinance Code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code, Section 15061(b)(3). The amendments are covered by the General Rule, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It is certain that the proposed amendments will not lead directly to any physical development which would significantly affect the environment.
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Regarding the Amendments to the County Zoning Regulations, Find:
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B.
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That the amendments to the San Mateo County Zoning Regulations to establish regulations for the keeping of domestic poultry in specific zoning districts are appropriate to advance the public necessity, convenience, and general welfare, and that the amendments have followed the procedures specified in Chapter 27 (Amendments) of the San Mateo County Zoning Regulations.
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C.
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That the amendments to the San Mateo County Zoning Regulations, attached hereto as Attachments C, D, E, and F, should be approved and adopted.
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Attachment B
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DOMESTIC POULTRY REGULATIONS FOR SURROUNDING JURISDICTIONS
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Jurisdiction
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Number of Poultry
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Setback Requirements – Coops
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Atherton
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40 (2 acres)
0 < 2 acres
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115 feet from adjacent dwellings
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Belmont
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20
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Zoning setbacks met
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Brisbane
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4
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100 feet from adjacent properties
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Burlingame
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12
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35 feet from adjacent properties
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Colma*
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Not Defined (with permit)
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125 feet from adjacent properties (500 feet for roosters)
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Daly City
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2
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Zoning setbacks met
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East Palo Alto
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0
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N/A
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Foster City
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0
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N/A
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Half Moon Bay
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2 (3 or more with permit)
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Zoning setbacks met
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Menlo Park
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50 (per 1/4 acre)
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30 feet from adjacent properties
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Millbrae
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4
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100 feet from adjacent properties
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Pacifica*
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2 (3 or more with permit)
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Zoning setbacks met (roosters require public hearing)
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Portola Valley (Administrative Policy)
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Not Defined
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Zoning setbacks met
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Redwood City
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3
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Zoning setbacks met
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San Carlos
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4
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35 feet from adjacent dwellings
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San Mateo
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10 (with permit)
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20 feet from adjacent dwellings
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Town of Woodside
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25 to 50 per lot
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50 feet from adjacent dwellings
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*Colma and Pacifica are the only jurisdictions that allow for the keeping of roosters in residentially zoned districts.
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