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Mark Becker, applicant, noted that they had approached 4-H and asked about the procedure for <br />having chickens, nothing was said about a perm it_ He believed 4-Ii considered up to four <br />chickens on a residential property to be allowable_ He noted that had he known prior to <br />obtaining the chickens, he would have contacted the City and taken care of that. He had been <br />told by 4-H that the area he lived in was zoned for chickens. He noted that they had had the <br />chickens for rive or six months but that Mrs. Shoars-Mosby claimed. that she had been affected <br />for two months. He noted that she was on the other side of the property of a neighbor who rarely <br />heard the chickens. Ne noted that it was his idea to get rid of the dog with respect to the Rojas <br />incident. IIe noted that he had built a permitted 1,000-square-foot addition to his home and <br />believed that would enhance the property values in the neighborhood. He emphasized that he <br />had no intention of turning the neighborhood into Castro Valley. <br />THE PUBLIC HEARING WAS CLOSED. <br />In response to an inquiry by Comiriissioner Blar~ac regarding the allowable nuiriber of animals, <br />Mr_ Ficken confirmed that the Municipal Code allowed up to three domestic animals. He noted <br />that Section 7.36 of the Code provides that "no animal can disturb the peace and quiet of a <br />reasonable person." A discussion of animal enforcement for dogs ensued. <br />Commissioner Fox noted that she had walked the fence at the sports park near the site numerous <br />times and noted that she could not hear the chickens during the day. She would like to limit the <br />number of chickens to four or less. She considered barking dogs and airplanes to be noisier than <br />the chickens, which. she could not hear over the sound of the other birds. She supported staff s <br />recomiriendations _ <br />Mr. Ficken noted the City's interpretation of a kennel as containing four or more dogs or cats, <br />and they era not allowed in residential areas; three animals would be acceptable. Chickens arc <br />considered to be fowl. <br />Ms. Decker noted that the issue was raised some time agog and the use permit process was <br />initiated for chickens. <br />Chairperson Maas noted that animals such as horses must he boarded in an appropriate space and <br />inquired why a special condition was allowed for chickens. <br />Commissioner Fox noted that while chickens were allowed. in a conditional. use in a residential <br />area, horses and pigs were not_ <br />Commissioner Fox moved to make the required use permit findings and to approve <br />PAUP-1, subject to the conditions of approval listed in Exhibit S of the staff report, as <br />recommended by staff, with the modification that no more than four chickens be allowed in <br />the enclosed area in the back yard_ <br />Commissioner Pearce seconded the motion_ <br />Chairperson Maas advised that she could not support this motion until the Commissioners have <br />visited the site. C7ommissioners Arkin and Blank concurred. <br />PLANNING COMMISSION MINUTES June 22, 2005 Page 1 5 of 20 <br />