Item No. 4
Town of Atherton
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CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: MONA G. EBRAHIMI, CITY ATTORNEY
DATE: FEBRUAY 19, 2025
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 6.04 RELATED TO THE
REGULATION OF CHICKENS
RECOMMENDATION
Adopt the attached Ordinance amending Chapter 6.04 of the Town of Atherton Municipal Code relating to chickens.
BACKGROUND
In 2016, the City Council of the Town of Atherton amended Chapter 6.04 of the Town of Atherton Municipal Code to enact regulations relating to the keeping of chickens on private property. The ordinance was enacted.
San Mateo County has historically handled animal control responsibilities for the Town of Atherton and other cities within San Mateo County. In 2023, in an effort to better coordinate with San Mateo County, Chapter 6.04 was deleted and reenacted to create a uniform and orderly administration of the County's animal control program. However, as reenacted, there was an inadvertent omission of any regulation relating to the keeping of chickens on private property. This ordinance would reenact the provision of the code enacted in 2016 relating to the keeping of chickens on private property.
At its February 5, 2025 meeting, the City Council adopted an urgency ordinance and introduced and waived the full reading of the regular ordinance. The Council also requested that the ordinance expressly state that unless an animal is permitted as set forth in the municipal code, it is prohibited.
Staff recommends that the City Council now adopt this ordinance.
ANALYSIS
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Currently, Chapter 6.04 of the Town of Atherton Municipal Code does not provide for regulations relating to the keeping of chickens on private property. This ordinance would reenact the previous regulations relating to the keeping of chickens on private property that were enacted in 2016.
POLICY FOCUS
Amendment of the ordinance is a significant issue for the City Council. Having regulations relating to the keeping of chickens on private property is important to maintain the health and safety of people in the Town of Atherton.
FISCAL IMPACT
There is no fiscal impact in approving this ordinance relating to the keeping of chickens on private property.
ENVIRONMENTAL IMPACT
The proposal has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15305, minor alterations in land use limitation.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
1. Protect the health and safety of people in the Town of Atherton by reasonably regulating the keeping of chickens on private property.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,600 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders – to include, but not limited to media outlets, school districts, Menlo Park Fire District, service providers (water, power, and sewer) and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Civic Center Advisory Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
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____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month) ____ Tree Committee (meets each month)
ATTACHMENTS
ATTACHMENT 1 – Ordinance NO. 671
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ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 6.04 OF THE ATHERTON MUNICIPAL CODE
RELATING TO THE KEEPING OF CHICKENS ON PRIVATE PROPERTY WHEREAS, the Town of Atherton desires to regulate the keeping of animals within its jurisdiction such that unless the keeping of an animal is expressly allowed, it is prohibited; and WHEREAS, the Town of Atherton desires to allow its residents to keep chickens on private property pursuant to reasonable regulations; and
WHEREAS, the Town of Atherton has before enacted regulations relating to the keeping of chickens on private property; and
WHEREAS, the Town of Atherton wishes to reenact those same regulations relating to the keeping of chickens on private property.
The City Council of the Town of Atherton does hereby ordain as follows:
SECTION 1: Chapter 6.04 of the Atherton Municipal Code is amended by adding Section 6.04.045 to read as follows:
6.04.045 Chicken Regulations.
A. Lot Size Requirements. No legal lot less than 20,000 square feet in area shall be permitted to maintain chickens.
B. Number of Chickens
1. Up to 3 chickens are permitted on lots between 20,000 square feet and 40,000 square feet in area.
2. Up to 10 chickens are permitted on lots greater than 40,000 square feet and 80,000 square feet or less in area.
3. Up to 20 chickens are permitted on lots greater than 80,000 square feet in area.
4. No more than 40 chickens may be permitted on school properties that are 2.0 acres or greater in area for educational purposes.
C. Roosters are prohibited on any property in Town.
D. Chicken Enclosure Requirements
1. A chicken enclosure is defined as an outdoor area inside a fence where February 19, 2025
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chickens are kept and allowed to walk around. A chicken enclosure shall also contain within its allowable buildable area, a chicken coop. A chicken coop is defined as an enclosed building where female chickens are kept which also provides protection from the elements and predators.
2. All chickens must be maintained and kept at all times within the chicken enclosure to ensure against trespass onto neighboring or public property.
3. Not more than one chicken enclosure is allowed per property.
4. The chicken enclosure shall comply with the following development standards:
a. Setbacks and Location. The chicken enclosure shall be located in the main building area. In addition, the chicken enclosure may encroach into the side and rear yard setbacks by not more than fifty percent of the required main building side and rear yard setbacks, or 20’ from side and rear property lines, whichever is greater. The chicken enclosure shall be located a minimum of 8 feet from the main building on the property. b. Height. The chicken enclosure shall not exceed six feet in height. c. Square Footage. The maximum allowable square footage for chicken enclosures, which shall contain a chicken coop as defined by this section, is 120 square feet.
E. Sanitary and Health Requirements
1. All chicken enclosures shall at all times be kept and maintained in a clean, sanitary and sightly condition; any enclosure found to be in an unclean, unsanitary or unsightly condition is hereby declared to be a public nuisance and subject to summary abatement as authorized by law.
2. Any water runoff from the cleaning and maintenance of the chicken enclosure shall be retained on the same property and shall not run onto adjacent properties or the public right of way.
3. All chicken enclosures shall be maintained to be well-ventilated, free from odor, prevent a breeding place for flies, pests or vermin, and secure from predators.
4. Chicken feed shall be stored in a rodent and predator proof container.
5. All permits shall be subject to conditions of current biosecurity practices as listed by the California Department of Food and Agriculture (CDFA) to reduce the risk of introducing disease.
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F. Permit Requirements
1. Any person wishing to keep chicken(s) on any property within the town shall first obtain a Chicken Permit from the Town Planner or Town Planner’s designee. The Chicken Permit application shall include the property owners of record, legal lot size of the parcel, the number of chickens to be maintained on the property, a site plan with details of the chicken enclosure, including setbacks and height calculations as outlined by this section. The City Manager may revoke a Chicken Permit if the keeping of the chicken(s) constitutes a nuisance. The Chicken Permit is not transferable to successor owners of the property upon which the Chicken Permit is issued.
G. It shall be the duty of the City manager, the Chief of Police and the City Attorney to enforce this chapter. No oversight or dereliction on the part of any official or employee of the town vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any provisions of this chapter.
H. The keeping of any animal not expressly permitted or regulated by this Code shall be deemed prohibited.
SECTION 2: Severability. The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provision in the Ordinance severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 3: Effective Date. This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
Introduced on the 5th day of February, 2025.
Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the 19th day of February, 2025 by the following vote:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS:
ATTEST: CITY CLERK
February 19, 2025
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MAYOR