HomeMy WebLinkAboutOrd 1304 - ZOA 16-40 - Beekeepingi
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ORDINANCE N4 1
AN ORDINANCE OF THE CITY OF PAt1V1 f&C_ ")cn
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 Cit� Council of the City of Palm
Desert, California, at its regular meeting held on the If day of April, 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
r.
ORDINANCE NO. 1304
EHIBIT A
25.10.030 - Allowed Land Uses and Permit Requirements
Table 25.10-1: Use Matrix for Residential Districts
Residentjq �9Atnit;
District Special
(P=Permitted; A=Administrati►l� se L=Large Family Day Care Use
Use Permit; C=Conditional Use Permit; N=Nat Permitted) Provisions
I RE R-1 R-2 R-3 R-1 M HPR PR
Agriculture -Related Uses
Apiary PP P N` N P P 25.34.170
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
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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. 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.
1. Beehive colony(ies) shall be continually managed to provide adequate living
space for their resident bees to prevent swarming.
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ORDINANCE NO. 1304
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
— — —.
- • - LOT LINE
® BEE HIVES
WALL, FENCE OR HEDGE
SINGLE FAMILY DWELLING
PUBLIC RIGHT-oP-WAY'PRIVA7E STREET
ALLOWED AREA
0 WATER SOURCE
1. Lots than 20,000 are allowed 2
hives max. Lots larger than 20,000
are allowed 4 hives max. Ali hives
must face away from the nearest
Lot Lines
2. Minimum 5 ft. distance from hives
to the Rear and Side Lot Lines
3. 6 ft. wall, fence, or hedge between
hives and the nearest Lot Line
4. Water source provided at all times
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.
3. Bees or hives do not conform to this Code.
4. Hives became abandoned by the bee colony or the beekeeper.
ORDINANCE NO. 1304
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.
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