HomeMy WebLinkAboutORD 1304 - ZOA 16-40-Allow Beekeeping - Modify PDMC Chptr 25CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF A ZONING ORDINANCE AMENDMENT
(ZOA) TO MODIFY PALM DESERT MUNICIPAL CODE CHAPTER
25 TO ALLOW BEEKEEPING IN SINGLE-FAMILY RESIDENTIAL
ZONES WITH CERTAIN REGULATIONS
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
CASE NO(s): ZOA 16-40
DATE: March 24, 2016
CONTENTS: 1. Ordinance No. 1304, Exhibit A — Beekeeping Standards
2. Legal Notice
3. Planning Commission Notice of Action
4. Planning Commission Minutes February 16, 2016
5. Mouck, Jenna "Bees in the City: Administration of Urban Honey
Bees" Plan Canada Vol. 55 No. 4, Print
Recommendation
Waive further reading and pass Ordinance No. 1304 to second reading,
establishing standards that will allow beekeeping in certain single-family
residential zones.
Plannina Commission Recommendation
On February 16, 2016, the Planning Commission recommended approval of ZOA 16-40
with the following amendments: 1) Add a notification process to the adjacent neighbors;
2) Allow a maximum of eight (8) bee colonies on hillside properties that are five (5)
acres or larger; and 3) Remove the requirement to re -queen beehive colonies every two
(2) years.
Executive Summary
Approval of staffs recommendation will approve an ordinance establishing standards
that will allow beekeeping in certain single-family zones as a permitted use. The City
Staff Report
ZOA 16-40 Beekeeping Regulations
March 24, 2014
Page 2 of 4
Council initiated the ZOA, and staff has been working with an ad hoc subcommittee to
establish the draft ordinance. The Planning Commission recommended approval of the
ordinance with modifications identified in the attached ordinance as redline changes.
Background
On August 27, 2015, staff presented a report to the City Council on whether or not the
City should allow backyard beekeeping in single-family zones. Based on the discussion,
the City Council continued the matter, and appointed Council members Jonathan and
Harnik to an ad hoc subcommittee to work with staff.
On November 16, 2015, staff met with the two (2) Council members, and three (3)
residents to discuss backyard beekeeping. The committee discussed the decline of
honey bees in the United States and how this is a threat to our ecosystem and
agriculture production. The committee discussed some of the ordinances that other
California cities have approved that allows residential backyard beekeeping. The
committee also discussed the potential issues related to bees (bee stings and
swarming). However, the committee believed that the issues are more of a perception
issue than a real threat to the community, and that there will be a great need for
education related to any backyard beekeeping ordinance.
Lastly, the committee briefly discussed a national strategy document that was produced
by a Pollinator Health Task Force. President Obama established the Pollinator Health
Task Force to address the serious decline of the honey bees over the past three (3)
decades. The document discusses the importance of pollinators in the United States,
and strategies for promoting beekeeping at the federal level.
Based on the discussion of the subcommittee, the City Council initiated an ordinance
amendment directing staff to developed regulations that would allow beekeeping in
single-family residential zones. Since that meeting, staff has researched other
ordinances and has worked with the committee to prepare the draft ordinance that is
attached to Planning Commission Resolution No. 2663.
Proiect Description
The proposed ZOA will modify several sections in the Palm Desert Municipal Code to
allow beekeeping in certain residential zones. The following zones will allow beekeeping
per the draft ordinance (attached as Exhibit A):
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Staff Report
ZOA 16-40 Beekeeping Regulations
March 24, 2014
Page 3 of 4
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Family Day
Care Use Permit; C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3 R-1 M HPR
Agriculture -Related Uses
Apiary I P I P P N N I P
Special
Use
Provisions
m
P 125.34.170
The single-family residential zones above would allow beekeeping with certain
regulations that are identified in the draft ordinance. As proposed, lots that are less than
20,000 square feet may have a maximum of two (2) beehive colonies, and lots larger
than 20,000 square feet may have four (4) beehive colonies. The Planning Commission
made a change to allow eight (8) beehives on hillside properties that are five (5) acres
or larger.
Beehive colonies will be allowed in the rear or side yard of the home, with a minimum of
a five-foot setback from all property lines. The beehive entrance must face away or
parallel to the closest adjacent neighbor to keep the direct flight path away from the
closest neighbors. The following diagram illustrates some of the standards outlined in
the draft ordinance.
EXAMPLE: 15,000 SQUARE FOOT LOT
r— — — -—— ——— ——— —•-
Z U
l
i
i�
I
i
LOT LINE
l J—<07';—J SEE HIVES
c
WALL. FENCE OR HEDGE
I SINGLE FAMILY DWELLING
PUBLIC RIGHT-OF—WAY,'PRiVATE STREET
ALLOWED AREA
WATER SOURCE
1. Lots less than 20,000 sq. ft. are
allowed 2 hives max. Lots largerthan
20,000 sq. ft. are allowed 4 hives
m :re
Hillside properties 5 acres or
m ore are allowed 8 hives m ax
2. Minim um 6 ft. distance from hives to
Rear and Side Lot Lines
3. 6 ft. wall, fence, or hedge between
hives and the nearest Lot Line.
Hillside properties exempt from this
requirement
4. Water source provided at all times
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Staff Report
ZOA 16-40 Beekeeping Regulations
March 24, 2014
Page 4 of 4
The proposed ordinance will not require a permit through the City of Palm Desert;
however, the Planning Commission has recommended a change that will require
neighbor notification. The intent of the initial ordinance is to allow beekeeping to
promote the environmental benefits, as well as allow a homeowner to have beekeeping
as a hobby or a home based business that is allowed as a "Food Cottage Operation"
that is allowed by state law.
Environmental
The Department of Community Development has determined that the proposed ZOA
would not have a significant impact on the environment, and that the amendments are
exempt from the California Environmental Quality Act (CEQA), as provided by Section
15061(b)(3) of the CEQA Guidelines.
Submitted By:
C�
Tony g Ba ato, Principal Planner
Department Head:
fyanlStWendell, Director of Community Development
Wohlmuth, City Manager
\\srv-fil2k3\groups\Planning\Tony Bagato\Staff Reports\ZOA\16-40 Beekeeping\OOSR_Beekeeping Ordinance.docx
ORDINANCE NO. 1304
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING AN AMENDMENT TO PALM DESERT MUNICIPAL CODE
CHAPTER 25 TO ALLOW BEEKEEPING IN SINGLE-FAMILY
RESIDENTIAL ZONES WITH CERTAIN REGULATIONS
CASE NO: ZOA 16-40
WHEREAS, honey bees, by pollination, are responsible for 15 to 30 percent of
the food eaten by U.S. consumers.
WHEREAS, honey bees have been in decline across the United States for
several years.
WHEREAS, in June 2014, President Obama issued a memorandum establishing
a Pollinator Health Task Force, co-chaired by the Secretary of Agriculture and the
Administrator of Environmental Protection Agency.
WHEREAS, in 2015, the Pollinator Health Task Force adopted a National
Strategy to Promote the Health of Honey Bees and other Pollinators.
WHEREAS, in 2015, the Pollinator Health Task Force adopted a National
Strategy to Promote the Health of Honey Bees and other Pollinators.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, the Director of Community Development has determined that the
project is not considered a project for CEQA purposes; and
WHEREAS, at said public hearing, said City Council heard and considered all
testimony and arguments of all interested persons; and
NOW, THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA THAT THE FOLLOWING SECTION OF THE PALM
DESERT MUNICIPAL CODE IS HERBY AMENDED:
SECTION 1: The Palm Desert Municipal Code Section 25 is herby described in
Exhibit A, attached.
SECTION 2: That the City Clerk of the City of Palm Desert, California, is herby
directed to publish a notice of this ordinance with the Exhibit A
provided at City Hall in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effect thirty (30) days after its
adoption.
ORDINANCE NO. 1304
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the day of , 2016,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGEL, MAYOR
E
ORDINANCE NO. 13o4
EHIBIT A
25.10.030 - Allowed Land Uses and Permit Requirements
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District Special
(P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use
Use Permit; C=Conditional Use Permit; N=Not Permitted) Provisions
RE R-1 R-2 R-3 R-1 M HPR PR
Agriculture -Related Uses
Apiary I P I P I P I N I N I P I P 125.34.170
25.34 Special Use Provisions
25.34.170 — Beekeeping
A. Purpose and Intent:
1. The purpose and intent of beekeeping is to provide for the safe and orderly
keeping of bees in the City of Palm Desert to promote urban beekeeping that is
supported by the Pollinator Health Task Force that was created by 2014
Presidential order to address the decline of honey bees and other pollinators.
2. The purpose and intent of these regulations create certain minimum standards
that allow beekeeping in residential zones in an attempt to mitigate the decline of
honey bees in a manner that will protect the public health, safety, and welfare of
the residents of the City of Palm Desert.
B. Applicability.
Beekeeping is allowed in all residential zoning districts, subject to compliance with
the standards of this section and other relevant requirements of this title.
C. General Requirements:
1. Beekeeping use shall be limited to Apis mellifera (European/western common
honey bees) and must be an ancillary use to a single-family dwelling.
2. Every person that is the owner or is in possession of an apiary shall comply with
the California State requirements for registration of each apiary owned or
operated in the City of Palm Desert.
3. Beekeeping shall be operated and maintained in accordance with recognized
best management practices that provide safe and healthy living conditions for the
bees while actively conducting of the colony(ies) and avoiding nuisance impacts
3
ORDINANCE NO. 1304
on surrounding properties and persons (i.e. managing and controlling colony(ies)
to reduce occurrence of swarms) and protecting the public health, safety and
welfare. Beekeeping training and membership is encouraged to promote
recognized best management practices.
4. A beekeeper shall maintain adequate records and best management practices
and proof of re -queening every two years. These records may be required by the
Director in response to a nuisance complaint as defined by this Section.
5. The maximum number of permanent beehive colonies that may be kept per
single-family dwelling unit shall be limited to two (2) colonies on lots that are
20,000 square feet and less in area, and four (4) colonies on lots greater than
20,000 square feet. Hillside properties five (5) acres or larger may have eight (8)
permanent beehive colonies. Additional bee hive colonies are allowed on a
temporary basis to address swarming or any other issues related to proper
beekeeping management.
6. All bee hive colonies shall be kept in inspectable hives consisting of moveable
frames and combs.
7. Beehive colony(ies) must be kept in good and usable condition at all times.
8. Beehive colony(ies) shall be promptly and properly removed if the beekeeper
discontinues the beekeeping use on the property.
D. Hive Placement Requirements.
1. Beehive colony(ies) shall be located within a private residential yard area that is
generally behind the residential unit.
2. A barrier of at least six feet (6') in height consisting of a solid fence, wall and/or
dense vegetation shall be installed and maintained between the beehive
colony(ies) and all abutting properties. Fencing and walls shall comply with the
Fences and Walls regulations of Section 25.40.080. Hillside homes may be
exempt from fencing requirements.
3. Beehive colony(ies) shall be located at least five (5) feet from all property lines.
4. In order to ensure the appropriate height of the honey bee flight path, beehive
colony(ies) entrances shall face away from or parallel to the nearest property
line(s).
E. Hive Management Requirements.
El
ORDINANCE NO. 1304
1. Beehive colony(ies) shall be continually managed to provide adequate living
space for their resident bees to prevent swarming.
2. Beehive colony(ies) shall be re -queened at least once every two (2) years to
prevent swarming.
3. A water source for bees shall be provided at all times on the property where the
bees are kept to discourage bee visitation at swimming pools, hose bibs and
other water sources on adjacent public or private property.
4. Beehive colony(ies) maintenance materials or equipment must be stored in a
sealed container or placed within a building or other bee -proof enclosure.
Figure 25.34-1 Hive Standards
EXAMPLE: 15,000 SQUARE FOOT LOT
r - - - - -
- - - - -
U"
LOT LINE
7
I
i
BEE HIVES
I
i
WALL. FENCE OR HEDGE
I
SINGLE FAMILY DWELLING
`1
1 ::3
�
I
y. f. r- PUBLIC RIGHT-OF-WAY.+PRIVATE STREET
I
ALLOWED AREA
I
4
WATER SOURCE
I
� I
1. Lots than 20,000 are allowed 2
1
hives max. Lots larger than 20,000
are allowed 4 hives max. All hives
must face away from the nearest
I
Lot Lines
2. Minimum 5 ft. distance from hives
I
�
to the Rear and Side Lot Lines
I
I
;
3. 6 ft. wall, fence, or hedge between
i
8
hives and the nearest Lot Line
I
i
4. water source provided at all times
I
F. Nuisance. Bees or hives shall be considered a public nuisance when any of the
following occurs:
1. Colonies of bees exhibit defensive or objectionable behavior, or interfere with the
normal use of neighboring properties.
2. Colonies of bees swarm.
5
ORDINANCE NO. 1304
3. Bees or hives do not conform to this Code.
4. Hives become abandoned by the bee colony or the beekeeper.
G. Penalties for Violations.
1. Any person violating this Section shall be guilty of an infraction, which shall be
punishable by a fine not exceeding two hundred fifty dollars ($250), or a
misdemeanor, which shall be punishable by a fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail for a period not exceeding
six (6) months or by both such fine and imprisonment.
2. Any person who violates any provision of this Section shall be subject to
administrative fines and administrative penalties which shall be punishable by a
fine not exceeding two hundred fifty dollars ($250) for the first offense, a fine not
exceeding five hundred dollars ($500) for the second offense, a fine not
exceeding one thousand dollars ($1,000) for the third offense, a fine of two
hundred fifty dollars ($250) per day, per violation for failure to comply with third
citation pursuant to Chapter 8.81 of this Code.
3. The remedies provided in this Section are not exclusive, and nothing in this
Section shall preclude the use or application of any other remedies, penalties, or
procedures established by law.
25.99 Definitions
"Bee" means any stage of the common domestic honey bee, Apis Mellifera species.
"Beehive" means any structure being used to house a colony of honey bees.
"Beekeeper" means a person who owns or has charge of one (1) or more bees.
"Movable -frame Hive" Any hive design that allows the beekeeper to readily remove the
combs from the hive during hive inspections, in order to monitor and manage conditions
within the colony.
"Re -queen" means to replace the queen bee in a colony with a younger and more
productive queen, a common practice in beekeeping to prevent bee swarming.
"Swarming" The natural method of honeybee colonies to reproduce, resulting in the
departure of part of the bee population with a queen to create a new honey bee colony.
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 16-40
NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO MODIFIY
SECTIONS OF THE PALM DESERT CODE TO ALLOW BEEKEEPING IN RESIDENTIAL
ZONES.
CEQA: The Department of Community Development has determined that the proposed Zoning
Ordinance Amendment would not have a significant impact on the environment, and that the
amendments are exempt from the California Environmental Quality Act (CEQA), as provided by
Section 15061(b)(3) of the CEQA Guidelines.
Project Description: The proposed amendments will allow backyard beekeeping in certain
single-family zones in Palm Desert.
Project Location: City-wide
Recommendation: Staff is recommending that the City Council adopt an ordinance to
amended the Palm Desert Zoning Ordinance to allow residential beekeeping.
Public Hearing: The public hearing will be held before the City Council on March 24, 2016 at
4:00 PM.
Public Review: The Zoning Ordinance Amendment is available for public review daily at City
Hall. Please submit written comments to the Planning Department. If any group challenges the
action in court, issues raised may be limited to only those issues raised at the public hearing
described in this notice or in written correspondence at, or prior to, the City Council public
hearing. All comments and any questions should be directed to:
Tony Bagato, Principal Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
tbaaato(a citvofoalmdesert.ora
PUBLISH: DESERT SUN RACHELLE KLASSEN, CITY CLERK
MARCH 13, 2016 PALM DESERT, CALIFORNIA
CITY 0[ P 0 1 M OESER
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL:760 346-o6it
FAX: 760 341-4564
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
February 17, 2016
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Subject: Recommendation to the City Council for Consideration to Approve a
Zoning Ordinance Amendment (ZOA) to Palm Desert Municipal Code
Section 25 to Allow Beekeeping in Single -Family Residential Zones
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of February 16, 2016:
The Planning Commission granted approval of Case No. ZOA 16-40 by
adoption of Planning Commission Resolution No. 2663, with the following
amendments: 1) Add a notification process to the adjacent neighbors; 2)
Allow a maximum of eight (8) bee colonies on hillside properties that are
five (5) acres or larger; and 3) Remove the requirement to re -queen
beehive colonies every two (2) years. Motion carried by a 4-0 vote.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
n
5 �
Ryan Stendell, Secretary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
CJ Nw o 00 RECYMo PM
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PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2016
review of the California Green Code. The code requires a ratio of the overall
parking development to be allocated for bike racks. They are also seeing more
mandatory electric car stations on commercial development.
Vice Chair Campbell commented that most of the businesses in the area close at
5:00 p.m. and she does not see a problem with parking in the evening hours.
Chair Greenwood thought it was a valid project for the location. His only concern
would be noise for the residential homes. He stated that if the City receives noise
complaints, the applicant would be sensitive and make the necessary
adjustments to meet those concerns.
Vice Chair Campbell moved to waive further reading and adopt Planning
Commission Resolution No. 2662, approving Case No. CUP 15-382, subject to
conditions. Motion was seconded by Commissioner Pradetto and carried by a 4-0 vote
(AYES: Campbell, DeLuna, Greenwood, and Pradetto; NOES: None).
The Planning Commission congratulated the applicant, and thanked him for
doing business in Palm Desert.
B. REQUEST FOR CONSIDERATION of a recommendation to the City Council
for a Zoning Ordinance Amendment (ZOA) to modify Palm Desert Municipal
Code Chapter 25 to allow beekeeping in single-family residential zones with
certain regulations. Case No. ZOA 16-40 (City of Palm Desert, Palm Desert,
California, Applicant).
Mr. Bagato gave a PowerPoint presentation, reviewing the staff report (staff
report is available at www.citvofpalmdesert.ora.). He offered to answer any
questions.
Commissioner Pradetto asked how far bees travel from the beehive.
Mr. Bagato responded that bees could travel up to three miles, but generally one
to two miles.
Commissioner Pradetto questioned if the flight path could be controlled.
Mr. Bagato said that you cannot control the flight path. He noted that the beehive
entrance must face away from adjacent neighbors.
Commissioner Pradetto asked if a six-foot wall is significant to control the bees.
Mr. Bagato replied probably not. He said other ordinances he researched
required a six-foot wall. He mentioned that a wall does not have to be six feet. If
a wall is four feet, they could add landscaping.
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Commissioner Pradetto inquired if re -queening every two years prevents
swarming.
Mr. Bagato responded that re -queening could help prevent or reduce the
possibility of bees swarming.
Commissioner Pradetto inquired if there were any comments related to the re -
queening provision.
Mr. Bagato said that one of the subcommittee members was in favor of the
provision of re -queening every two years. However, he talked to a planner for the
City of Santa Monica. Santa Monica, originally had the provision in the ordinance,
but they decided to remove it. Experienced beekeepers wanted the flexibility of
re -queening, if the beehive(s) was doing well.
Commissioner Pradetto asked if the subcommittee considered that by targeting
novice beekeepers, they may be penalizing some of the more seasoned and
experienced beekeepers that know when the queen does need to be changed.
Mr. Bagato answered that one of the subcommittee members has been a
beekeeper for 30 years, and he recommended the two-year re -queening. He said
the provision is meant to be an enforcement issue, if there is a nuisance with a
swarm.
Commissioner Pradetto questioned how the changing of a queen is monitored.
Mr. Bagato explained that a beekeeper must maintain adequate records and
show proof of re -queening.
Commissioner Pradetto clarified that a beekeeper would be forced to buy a
queen and present a receipt or records.
Mr. Bagato replied that is correct.
Commissioner Pradetto assumed that swarming could be exacerbated by poor
beekeeping practices. However, good beekeeping practices would limit swarming
regardless of what other provisions are added to the ordinance.
Mr. Bagato believed that to be correct. He noted that bees swarm if a beehive
gets too big. There is a provision that would allow a beekeeper to bring in a
temporary beehive to help eliminate a swarm or catch a swarm. He stated that
the provisions are extreme precautions in the event a beehive(s) become a
nuisance.
Commissioner Pradetto inquired if the ordinance applies to the hillside areas.
Mr. Bagato replied that is correct.
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Commissioner Pradetto asked if a beekeeper had a five -acre property, would
they be limited to four beehives.
Mr. Bagato replied that is correct. He said that currently there is no limit in the
Residential Estates or Hillside zones. Staff developed one standard for two or
four beehives.
Commissioner Pradetto commented that for a property on the hillside and it is
five acres, the ordinance states the beehives should be in the backyard which is
not applicable for the hillside.
Mr. Bagato agreed that the hillside is a little subjective.
Commissioner Pradetto asked if there was any discussion regarding beehives in
the backyard for hillside properties.
Mr. Bagato replied no. He said the terrain dictates the development in general.
Commissioner DeLuna pointed to a picture of a beehive in the PowerPoint
presentation, and asked if that it is a typical beehive.
Mr. Bagato replied that it is a type of beehive.
Commissioner DeLuna inquired if there are an average number of bees in any
particular beehive.
Mr. Bagato replied he did not know. He mentioned that beehive supers could be
added, which could increase the size of the beehive.
Commissioner DeLuna stated that theoretically a beekeeper could have two
beehives on a 20,000-square-foot lot; however, the beehives could be gigantic
and have thousands of bees within two beehives to accomplish the same as four
smaller beehives. She asked if that is correct. Or could you limit the number of
bees kept in the size of the beehive?
Mr. Bagato responded that they are not limiting the number of bees. If a beehive
would get too big, it would probably swarm and create another beehive. He noted
that he does not have that specific information.
Commissioner DeLuna inquired if there are bee farms.
Mr. Bagato replied that there are bee farms. Bee farms are usually associated
with regular farms because they help pollinate the crops. He communicated there
is still a major decline, and most of the commercial beekeeping is done on farms.
He referred to an article included in the staff report, and noted that urban
beekeeping is doing better than agriculture beekeeping. One reason is there is a
lack of pesticides in an urban environment.
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Commissioner DeLuna asked if the City would check on the beehives that they
are in compliance. What are the recourses if a beekeeper violates the ordinance?
Mr. Bagato said that if the City receives a complaint, the beehive would have to
be inspected by a Code Officer or a Planner to make sure the beehive(s) meet
the regulations. If the beehive is considered a nuisance, the City would fine the
beekeeper and could ultimately have the beehive removed. He stated that they
are not going to require the registration of beehives, and they would not go out to
inspect the beehive when they first come in. The only time they would inspect a
beehive is when there is a complaint.
Commissioner DeLuna asked how the two-year re -queening process would be
monitored.
Mr. Bagato communicated that if there is a complaint, the beekeeper would be
asked to provide documentation of the re -queening. He noted that if the queen is
purchased, the beekeeper would need to keep a copy of the receipt.
Commissioner DeLuna inquired if the City could have a beekeeper remove their
operation, if they do not comply.
Mr. Bagato responded that if a beehive is a nuisance and not deemed
appropriate to code, the City could have it removed through an abatement
process.
Commissioner DeLuna understood that staff researched the Administrative Use
Permit and Conditional Use Permit process, and asked if staff decided against
that process.
Mr. Bagato replied that is correct. He said the subcommittee discussed the
permit process, and they felt it was best to introduce the ordinance and allow
backyard beekeeping. If any issues would arise, staff could make modifications
to the ordinance in the future. He mentioned that the subcommittee believes
there would not be a lot of people that would want to do beekeeping.
Commissioner DeLuna affirmed that staff could modify or introduce new
regulations, if there was a need to change the ordinance. For example, adding
the Administrative Use Permit process.
Mr. Bagato replied that is correct.
Vice Chair Campbell asked if the only complaints would come from the
surrounding neighbors.
Mr. Bagato replied that is correct.
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Vice Chair Campbell asked if the bees fly two to three miles, how do they know
which beehive is theirs.
Mr. Bagato responded that the bees are tied to the queen, and they know how to
communicate with each other. Therefore, they know which beehive is theirs.
Chair Greenwood questioned if there was any feedback on time that would need
to be allocated by Code Compliance by having backyard beekeeping as part of
the ordinance.
Mr. Bagato replied no. He said that other cities allowing backyard beekeeping
have not had many issues. He communicated that the biggest issue is
perception. If the City required an Administrative Use Permit, they would need to
notify the neighbors and consequently the neighbors would get scared without
realizing what is really happening with the bees. Other Cities he talked to said it
was a matter of educating the public, which he plans to work on.
Chair Greenwood asked what the City is going to do in terms of educating the
public.
Mr. Bagato explained that once the ordinance is approved by the City Council, it
would be published in the newspaper for 30 days. When the ordinance goes into
effect, there would be a public release (newspaper and media), City's website,
handouts, and the BrightSide.
Chair Greenwood commented that if someone is going to buy a home and they
do their due diligence in terms of purchasing the home, there would be nothing to
let them know that an adjacent homeowner is a beekeeper by right of the zone.
He asked if there was any major conflict when staff did their research.
Mr. Bagato responded that other cities he spoke to did not have any issues. He
stated that people have to take precautions if they are allergic to bees; bees
could be anywhere in the environment.
Chair Greenwood questioned if the ordinance needs to specifically state the size
of a beehive.
Mr. Bagato responded that he could research the size of beehives before it goes
to the City Council.
Commissioner DeLuna interjected that she feels the size of a beehive is a valid
issue.
Vice Chair Campbell asked if there is a requirement in the ordinance that a
beekeeper must notify the neighbors of the beehives.
Mr. Bagato replied no.
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Commissioner Pradetto asked if the City has received complaints about
unpermitted beekeeping now.
Mr. Bagato responded that staff received an inquiry to find out if beekeeping was
allowed on a 10,000-square-foot lot because the beekeeper notified his
neighbors to let them know of the beehives. He noted there was not an issue with
the beehives; the neighbor was worried having a beehive next door.
Commissioner Pradetto clarified that the only way they would find out about a
beehive being a nuisance is through a complaint.
Mr. Bagato replied yes.
Commissioner DeLuna asked if beekeepers would be allowed to have a honey
business out of their home.
Mr. Bagato answered yes. He said it is allowed by the State of California.
However, with a Home Base Business Permit, the City requires that the sale of
honey is done online, at a farmer's market, or street fairs.
Chair Greenwood asked if there would be a benefit for the beekeeper to notify
the adjacent homeowners.
Mr. Bagato responded that the subcommittee did not want to add a regulation to
the ordinance that a beekeeper must notify the adjacent homeowners. In his
personal opinion, it would be good for a neighbor to know. However, it would
create an objection for an issue that is not an issue. He repeated again it has a
lot to do with perception.
Chair Greenwood voiced his concern about not being notified by a neighbor that
is a beekeeper, and inquired if the subcommittee should discuss the matter
further.
Mr. Bagato said that at this point the subcommittee made their recommendation
to not have a requirement to notify the neighbors. The Planning Commission
could support the recommendation, deny the recommendation, or recommend
changes to the ordinance. He explained that he would add it to the staff report to
the City Council, and they could discuss the notification process to neighbors.
Commissioner DeLuna asked what the subcommittee's objection to the
notification or disclosure is.
Mr. Bagato responded that if there is a notification, inherently the neighbor(s)
would be opposed to the beehive(s). If they are not notified, there is a chance
there would not be an issue.
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Vice Chair Campbell inquired if there is an issue, could the beehive be removed
from the property?
Mr. Bagato replied yes, if the beehive is deemed a health or public safety issue.
The City could have the beehive removed through an abatement process.
Chair Greenwood expressed the importance of educating the public, and noted
that he would like to be notified if his neighbor was going to do beekeeping in his
backyard.
Commissioner DeLuna commented that in theory, if there were 10 houses in a
row, she asked if all 10 houses could have beehives.
Mr. Bagato replied that is correct.
Commissioner DeLuna recognized the necessity of bees to the environment and
understands the benefits. She voiced her concern of neighbors not being notified
that beehive(s) are next door to them.
Mr. Bagato reiterated that if the Planning Commission recommended changes to
the ordinance, he would address the changes in his staff report to the City
Council.
Commissioner Pradetto asked how many other cities required notification of
beehive(s) based on staffs research.
Mr. Bagato responded that he studied approximately 12 ordinances, and about
half of them required a permit or notification.
Commissioner Pradetto also asked if staff talked to those cities about the permit
and notification process.
Mr. Bagato replied he only talked to a city in the Los Angeles area. They required
a permit, but he does not recall if they required notification.
Commissioner Pradetto inquired if there is a list of people that want to start
backyard beekeeping once the ordinance goes into effect.
Mr. Bagato replied no.
Vice Chair Campbell commented that she does not feel comfortable having too
many homes with beehives in one area. She said a certain amount of beehives
should be allowed per square miles.
Chair Greenwood declared the public hearing open and asked for any public testimony
IN FAVOR or OPPOSITION.
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With no testimony offered, Vice Chair Greenwood declared the public hearing closed.
Commissioner Pradetto asked staff if anyone could have a garage band in a
residential area.
Mr. Bagato replied technically that is correct.
Commissioner Pradetto noted that technically everyone in his neighborhood
could have a garage band. He pointed out that people have the right to do it;
however, not everyone is going to have a garage band. He feels the same for
beekeeping; not everyone is going to be a beekeeper. Commissioner Pradetto
stated that the only people that are going to do beekeeping are the people who
care enough to do it well. Realistically, he does not see a neighborhood full of
bees. If someone wants to do beekeeping on the property they own by right, he
supports the ordinance.
Chair Greenwood commented that he would support the ordinance if beekeepers
notify adjacent homeowners, and asked staff to further research the size of
beehives.
Following a brief discussion on the size of beehives, Commissioner Pradetto
believed that the subcommittee wanted a hands -off approach. He felt that they
should give people the freedom to do what they know how to do, and punish the
bad actors. He said that they could do that in the ordinance, and focus more on
penalizing the nuisances rather than trying to regulate everything in the hope that
nuisances never occur.
Commissioner DeLuna acknowledges the benefit bees are to the environment,
and the need to increase the bee population in the country and in the City of
Palm Desert. However, she is concerned not knowing what the size a beehive
could be. She stated that she would also like some type of notification. She
supported the ordinance, but is concerned for the public that is allergic to bee
stings.
Commissioner Pradetto interjected and moved to 1) Add a notification process to
adjacent property owners; 2) Make a correction to Exhibit A; Item C; No. 5,
changing 10,000 square feet to 20,000 square feet; 3) Amend the Planning
Commission resolution to allow a maximum of eight (8) beehives on hillside
properties that are five (5) acres or larger.
Commissioner DeLuna asked if all hillside lots are larger than ordinary residential
lots.
Commissioner Pradetto responded that large lots are mandatory five acres
minimum.
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Mr. Bagato noted that not all lots are five acres. There are some lots in
BIGHORN and Stone Eagle that are smaller than five acres, which they both
have Development Plans and are exempt from different regulations.
Commissioner Pradetto continued with his motion to 4) Remove the requirement
to re -queen beehive colonies every two (2) years; and 5) Remove the
requirement to have a six-foot fence/wall.
Vice Chair Campbell stated it is currently mandatory to have a six-foot wall.
Mr. Bagato clarified that a six-foot wall is mandatory for new construction.
Commissioner DeLuna asked why they should remove the provision to re -queen
every two years. She inquired if it is punitive.
Mr. Bagato replied it could be punitive if the beehive is a nuisance.
Commissioner Pradetto stated that if a beekeeper is operating and not bothering
anybody, why require beekeepers to change their practices. If the beehive(s)
become a nuisance, the beekeeper would get penalized.
Commissioner DeLuna asked if it is difficult to re -queen.
Commissioner Pradetto responded that he understood it is not necessary, and
beekeepers would prefer not to change a queen that is doing the job. If the
queen is not doing the job, then they change the queen.
Commissioner DeLuna stated she does not have a problem with a six-foot fence
because she is allergic to bee stings.
Chair Greenwood interjected that the provision also allows for a landscape
barrier.
Commissioner Pradetto moved to waive further reading and adopt Planning
Commission Resolution No. 2663, approving Case No. ZOA 16-40, with the following
amendments: 1) Add a notification process to adjacent property owners; 2) Make a
correction to Exhibit A; Item C; No. 5, changing 10,000 square feet to 20,000 square
feet; 3) Amend the Planning Commission resolution to add a provision to allow a
maximum of eight (8) beehives on hillside properties that are five (5) acres or larger;
and 4) Remove the requirement to re -queen beehive colonies every two (2) years.
Motion was seconded by Vice Chair Campbell and carried by a 4-0 vote (AYES:
Campbell, DeLuna, Greenwood, and Pradetto; NOES: None).
Chair Greenwood thanked the subcommittee and staff for working on the
beekeeping ordinance.
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N THE CITY1
ADMINISTRATION OF
URBAN HONEY BEES
BY JENNA MOUCK, MCIP, RPP
SUMMARY The plight of the honey bee has been making
the news around the world. The decline in honey bee
populations and increased public awareness around food
security issues has resulted in some governments taking
action on this important issue. This article briefly explores
the broader headlines on honey bees and then focuses on
honey bees in urban settings, identifying what some
communities have done to enable the honey bee within
municipal limits and providing guidance for other
municipalities that may be considering this. The
educational opportunities associated with urban
beekeeping may indeed have some impact on the survival
of the larger honey bee population.
RESUME Le sort des abeilles a miel a fait la manchette
partout dons le monde. Le declin des populations
d'abeilles et la sensibilisation accrue du public sur les
questions de security alimentaire ont amene certains
gouvernements a prendre des mesures dans cet important
dossier. Cet article explore brievement les manchettes sur
les abeilles et se concentre ensuite sur les abeilles en
milieu urbain. Il decrit les mesures prises par certaines
communautes pour mieux accueillir les abeilles et donne
des conseils aux autres municipalites qui songent a
emboiter le pas. Les possibilites d'education liees a
1'apiculture urbaine peuvent en effet avoir tin impact
sur la survie de la population d abeilles en general.
...................................
INTRODUCTION
The importance of honey bees is not debated. However, the reason for declining honey bee populations around the world
is. The result of recent honey bee population devastation is an increased awareness about both the importance of honey
bees to the pollination of critical world crops and the reason(s) behind the collapse of colonies worldwide. The scientific
community and commercial beekeepers have presented theories for this newer phenomenon and governments around the
world have begun to take action to prevent further honey bee decline that is threatening a large number of crop species
requiring pollination.
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HONEY BEES 101
Honey bees are insects that eat nectar and pollen and
produce honey. While we won't get into specific details, we will
touch on some key facts relevant to this article. Honey bees
are social insects that live in colonies with a queen bee leading
the hive and worker bees doing the heavy lifting, including
bringing nectar and pollen back to the hive and making honey.
It is the act of feeding on and hauling pollen that results in the
pollination of plants.
A honey bee visits an estimated 50 to roo flowers during
one collection trip and a total of more than 2,000 flowers on
a good day — and that's just ONE bee.' A typical healthy hive
may contain up to 6o,000 honey bees during peak times.'
Honey bees generally forage within 3 kilometres of their hive,
but have been shown to forage as far as 12 kilometres; at some
point, however, the travel distance is no longer efficient.3
Honey bees are critical pollinators — they pollinate
approximately 70 per cent of crop species that feed go per cent
of the world and are responsible for $3o billion a year in crops.^
Examples of honey bee pollinated crops include apples, nuts,
summer fruits (such as blueberries and strawberries), alfalfa,
guar bean (used in all kinds of products),5 coffee, and cotton.'
RECENT MEDIA ATTENTION
Over the past decade, commercial beekeepers started
reporting significant losses in hives.? While it is not known
exactly what is killing honey bees, the term colony collapse
disorder has been used to explain the phenomenon that occurs
when the worker bees disappear, resulting in colony collapse'
There are a number of reasons presented in the media to
explain why honey bees are failing, including loss of habitat
or loss of flower diversity; parasites, pests, and pathogens;
long, harsh winters; and use of pesticides on crops.9 However,
neonicotinoid insecticides (neonics), more specifically, appear
to be emerging as the root cause for honey bee decline.
According to a recent CBC News article, Dutch toxicologist
Henk Tennekes stated, "When neonics are present, bees neglect
to provide food for eggs and larvae, suffer from a breakdown
of navigational abilities because of impaired cognition and
experience lower immunity, making them more susceptible
to infectious diseases and parasitic opportunists such as
Varroa mites.""
A number of governments around the world are starting to
recognize the issue and take action at a macro scale, however
the actions do not appear to be widespread or all inclusive
of the risks to honey bee populations, which will result in
continuing honey bee decline.
..........................................................
BEES IN URBAN SETTINGS
Let's now separate large-scale commercial honey production
and declining honey bee populations from bees in urban
settings. There have been reports of higher honey bee colony
survival rates in urban settings, in addition to higher honey
yields." This could be due to a number of factors, including
the lack of pesticide use on plants, closer attention of hobby
beekeepers than commercial beekeepers, more mild winters in
sheltered urban settings, shorter honey bee hauling distances,
and/or greater varieties of plants.
Many municipalities across the country have taken a
position on whether bees are allowed within municipal limits.
Let's take a look at what some municipalities that allow honey
bees in municipal limits use as conditions; note that each
municipality may use a bylaw, regulation or guideline — each
of these tools has their own advantages and disadvantages but
the content more so than administration and enforcement is
the focus of this article. The following concepts were taken
from a sampling of different Canadian communities, including
Burnaby, Vernon, Maple Ridge, North Vancouver, Vancouver,
New Westminster, Edmonton, and Saskatoon:
Restriction to certain zones within the municipality;
Restricted on lots within a specified distance of multi-
family dwellings or public spaces; Different restrictions in
various areas, such as residential, commercial/industrial,
community gardens, and rooftops.
• Restriction on the number of hives — generally dependent
on the lot size; Restriction on the location of hives —
generally limited to the rear yard.
Specified minimum distances from the lot lines to ensure
adequate space from neighbouring properties; Mandatory
minimum height of the hives to ensure flight paths are at a
height that doesn't interfere with neighbouring properties, -
Mandatory orientation of the hives to ensure flight paths
are not directly through neighbouring properties;
Mandatory fence (could be a natural fence, such as a hedge)
at a specified distance from the hives to ensure bees are
flying up and away versus through neighbouring
properties; Mandatory fence or some other deterrent around
the hives to prevent disturbance by animals, as a
disturbance may aggravate a hive and cause stings to the
animal and/or neighbouring properties, or the hives may
attract animals such as skunks or bears to residential areas.
Beekeeper responsibility for aggressive bees to prevent
swarming, as this ensures that bees are being taken care of
and adverse impacts on neighbouring properties are
avoided; Requirement for adequate sun exposure and
airflow for the health of the bees; Requirement for water
on -site so that the bees aren't travelling to neighbouring
properties for pools or other features as a primary water
supply; Mandatory notification to neighbouring properties
(not necessarily approval), ensuring that there is a dialogue
between neighbours and an awareness in case there are any
negative impacts that require further intervention; Training
course requirement prior to establishing hives to ensure that
beekeepers are following the rules established by the
municipality and/or as a training opportunity to ensure
beekeepers are adequately caring for the new bee
population; Registration requirement, either
provincially or locally.
Community awareness program on the benefits of urban
honey bees and how to minimize any adverse impacts that
may occur, such as attracting bees during the fall once
flowers are no longer available.
The only times urban honey bees seem to be making
the news is with positive news stories, such as educational
opportunities in communities or hotels/restaurants keeping
a few hives for an on -site honey supply, or challenges to
municipal regulations or bylaws with residents advocating
for permitting bees in urban settings, which was recently
the case in a number of municipalities, such as the cities of
Winnipeg and Revelstoke, as examples. The benefits appear to
far outweigh the risks that honey bees pose in urban settings, if
managed correctly.
If a municipality is considering allowing bees for the
first time, there are a few key items to consider, which have
been summarized from the various municipalities noted
previously, including:
Areas — specific zones; proximity to certain zones/areas
Number of hives — allowable density; dependent on
size of lot
Lot -specific restrictions — location on the lot; setbacks;
height; orientation
Lot -specific requirements — fencing; water source; sun
exposure; air flow
Beekeeper management responsibilities — good beekeeping
practices; requeening as required
Notifications — neighbouring property owners
Training requirements
Registration — consideration of density provisions
Educational/awareness efforts for the public — benefits;
mitigation measures
I .............................
CONCLUSION
Can the introduction of urban honey bees help combat the
rural bee population and contribute to critical crop pollination
necessary for global food production? The simple answer is no.
Crops requiring pollination won't generally be served by urban
honey bees. However, the educational opportunities presented
by the introduction of urban honey bees may go a long way
in terms of awareness of insecticides and the effects on
commercial beekeeping. It will take the masses to exert political
pressure on governments and hold chemical companies
accountable for the development of harmful products. ■
JENNA MOUCK, MCIP, RPP, is from rural Manitoba and was part
of the family apiary growing up. She has an undergraduate degree
in Environmental Design and a Master of Urban Planning from
McGill University. Jenna has worked in both the private and public
sectors across western Canada and specializes in infrastructure
development and public policy. Jenna can be reached at
jennamouck@hotmail.com.
REFERENCES
i. Illinois State University (n.d.). The Honey Bee: Amazing Facts and Feats [Fact Sheet].
Retrieved from http://www2.phy.ilstu.edu/-wenning/HIBA/bkcourse/amazing.pdf
2. Ibid,
3. British Columbia Ministry of Agriculture. (2013, February). Bee Behaviour During
Foraging jFact Sheet]. Retrieved from http://www.agf.gov.bc.ca/apiculture/
factsheets/ttt_foraging.htm
4. BBC - Future. (2014, May 4). What would happen if bees went extinct? [Article].
Retrieved from http://www.bbc.com/future/story/2or4o5o2-what-if-bees-went-extinct
5. Holland, Jennifer S. "The Plight of the Honeybee." National Geographic News. (2013,
May to). Retrieved from http://news.nationalgeographic.com/news/2or3/t3/t3o5to-
honeyb e e-bee-s cienc a-eu ropean-union-pesticides-colony-collapse-epa-science/
6. Arnold, Carrie. "Obama Unveils Plan to Reverse Alarming Decline of Honeybees."
National Geographic. (2015, May ig). Retrieved from http://news.nationalgeographic.
com/2ot5/o 5/t5 o5 ig-pollin ators-hea Ith-honeybees-obam a -animals -science/
7. Holland (2013)
8. United States Department of Agriculture - Agricultural Research Service. (2015,
August 26). Honey Bee Health and Colony Collapse Disorder [News Article]. Retrieved
from http://www.ars.usda.gov/News/docs.htm?docid=15572
g. Health Canada. (2014, November 25). Update on Neonicotinoid and Pesticides and
Bee Health [Report]. Retrieved from http://www.hc-sc.gc.calcps-spc/alt formats/pdf/
pub s/pest/_ fact-fiche/neonicoti not d/neonicoti noid-eng. p df
io.Thomson, Janet and Ahluwalia, Manmeet. "Bee crisis: Are mites or neonics the real
culprit?' (2015, August 7). CBC News. Retrieved from http://www.cbc.ca/news/
technology/bee-crisis-are-mites-or-neonics-the-real-culprit-t.3 tt6368
it. Wilson -Rich, Noah. "Every city needs health honey bees" [Transcript). TED Talk.
Retrieved from http://www.ted.com/talks/noah_wilson_rich_every_city_needs_
healthy honey bees/transcript?language=en
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