.jpg)
Description
Rooster and Chicken Coop location both in violation of Animal Keeping Ordinance
These issues are again being raised as a follow up to the previously reported violation with Issue ID 4164860:
https://seeclickfix.com/issues/4164860
In 2018 the same property owner at 1055 W Holly Dr. in Walnut Creek was keeping a rooster on his/her property that was removed at that time. However, again this year (as of May 2020) the property owner is keeping a rooster on the property for a second time. It is understood that chickens are allowed on the property; however, the location of the chicken coop is believed to be in violation of both of the following provisions of Walnut Creek’s Animal Keeping Ordinance.
1. No chicken coop is to be located within 15 feet of any side or rear property line.
2. No chicken coop is to be located within 50 feet of any building that is occupied by humans.
The property owner’s chicken coop is (and was in 2018) located in the rear corner of the property, immediately against the rear and side property lines, and not 15 feet away from either the rear or side property line. This was also reported in Issue ID 4164860 in 2018, and from Matthew W’s reply at that time, “the coop requirements were discussed and the owner stated that the coop was altered to meet the 15 foot requirement”. However, the chicken coop remains in the same location against the rear and side property lines, and it has not been moved back from the property lines. The property owner did remove the rooster in 2018, but did nothing to move the chicken coop away from the rear or side property line at that time.
In addition, the chicken coop is located approximately 25-30 feet from at least two (2) neighboring/adjacent homes behind the rear property line on both Lamour Lane and Van Cleave Lane, and the location of the chicken coop does not (and did not in 2018) meet the requirement to not be within 50 feet of any building that is occupied by humans.
The neighborhood has had a problem with rat infestation in the area that is suspected to be attributable to the presence of chicken feed in and around the chicken coop.
Thank you for your assistance with these repeated issues. Hopefully the property owner will not only remove the rooster again (as he/she did in 2018), but in addition, it is respectfully requested that the property owner be required to comply with the ordinance that mandates that the chicken coop not be located within 15 feet of the rear or side property lines, and not within 50 feet of any building that is occupied by humans.
7 Comments
An anonymous SeeClickFix user (Registered User)
Acknowledged Matthew W (Verified Official)
Thank you for the inquiry.
The City has previously allowed a chicken coop (or dog run) to be classified as an accessory structure and only have to abide by accessory structure requirements to be present at this location. As its shorter than the fence, it is not violating the side yard setback.
An anonymous SeeClickFix user (Registered User)
Matthew,
Thank you for your reply. However, I still do have remaining concerns. While this may not violate the 15 foot rear/side yard setback, there are still 2 remaining issues:
1. While chickens may be allowed on the property, it is my understanding that roosters are not allowed.
2. The chicken coop is approximately 25-30 feet from buildings that are occupied by humans. Therefore, while the location may not violate the 15 foot rear/side yard setback, it is still in violation of the requirement that it not be within 50 feet of other occupied homes.
I would respectfully request that the rooster be removed from the property, and that the chicken coop be moved so that it is not within 50 feet of other homes.
Thank you.
Matthew W (Verified Official)
When the restrictions placed on our office through the Stay in Place Order are lifted, we may inspect the property & issue a correction notice for the presence of the rooster(s) on the property.
Planning has previously determined that a chicken coop for household pets is subject to requirements to an accessory structure (which does not have a 25/30 foot distance from occupied structures) instead of the dedicated coop for larger parcels with larger (non-household pet numbers of animals).
An anonymous SeeClickFix user (Registered User)
Matthew,
Thank you again for your prompt follow-up reply. It is completely understood that your inspection can only occur until after the shelter-in-place order is lifted. However, it would be greatly appreciated if an inspection could be completed at that time and the rooster could be removed from the property, particularly since this property owner was once previously required to remove a rooster only 2 years ago in 2018.
Also, thank you for clarifying that this chicken coop is only required to be in compliance with the accessory structure requirements since this is not a dedicated coop for a larger parcel with larger non-household pet numbers of animals.
As such, it is my understanding that the ordinance for accessory structures in residential districts does also require a "36-inch passage between the accessory structure, including roof overhang, and any adjacent fence, wall or property line."
As you can see from the photo attached to the original submission above, the chicken coop is located up against the fence and there is no 36-inch passage in place. I would respectfully request that the property owner be required to relocate the chicken coop back away from the fence and create the required 36-inch passage.
Also, I am seeking clarification regarding the categorization of chickens as "household pets". My question is that, in accordance with the ordinance for the keeping of animals, it is my understanding that "up to three animals, including poultry (except roosters), domestic, or exotic animals, may be kept as household pets. Livestock and roosters are not considered household pets.". As the property owner also has a dog, am I correct in understanding that in order to comply with the limit of up to three (3) household pets, the property owner may only keep two (2) chickens in addition to the dog? If so, then I would respectfully request that at the time that an inspection is conducted after the shelter-in-place order is lifted, please confirm that the limit of no more than 3 household pets is also complied with.
Thank you for clarifying and for your prompt attention to these concerns.
Matthew W (Verified Official)
Side yard setback is 3 feet either from the fence OR the residential structure.
Rear yard accessory structures under 6 feet have been allowed to be placed directly against the fence.
You have not described a number of chickens, dogs, or other animals on the property other than possibly 2 roosters. How many animals have you observed on the property? Once we have this information, we will check with Planning to see if they care to give any guidance over the number of animals which may be at the property.
An anonymous SeeClickFix user (Registered User)
Matthew, Again, Thank you for your prompt reply.
There is at least 1 dog (possibly more), as well as 1 rooster (possibly more), and several chickens (it is very difficult to get an accurate count). However, if the ordinance requires no more than 3 household pets, then at least the rooster is out of compliance with the ordinance, and no more than 2 chickens should be permitted, if my understanding is correct.
Your assistance with enforcement of the ordinance is greatly appreciated.