HomeMy WebLinkAboutZoning Ordinance Agreement - Backyard Beekeeping Single Family ResidentialCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
REQUEST
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
STAFF REPORT
INITIATION OF A ZONING ORDINANCE AMENDMENT TO AMEND
PALM DESERT MUNICIPAL CODE SECTION 25.10.030 -
ALLOWED LAND USES AND PERMIT REQUIREMENTS TO
ALLOW BACKYARD BEEKEEPING SINGLE-FAMILY
RESIDENTIAL ZONES.
Tony Bagato, Principal Planner
December 10, 2015
City Council Staff Report, dated August 27, 2015
By Minute Motion, initiate a Zoning Ordinance Amendment that would
establish a Backyard Beekeeping Ordinance in single-family zones based
on staff's research and recommendation.
Discussion
On August 27, 2015, staff presented a staff report to discuss the possibility of allowing
backyard beekeeping in R-1 single-family zones. Based on the discussion, the City
Council continued the matter and appointed Council members Jonathan and Harnick to
a subcommittee to work with staff.
On November 16, 2015, a subcommittee with staff, Council members, and three (3)
residents meet to discuss backyard beekeeping. The committee discussed the decline
of honey bees in the United States and how that decline is a threat to our ecosystem,
agriculture production, and the food we eat. 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)
Staff Report
Backyard Beekeeping Ordinance Initiation
December 10, 2015
Page 2 of 2
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, the beekeeping committee is recommending that the City
Council initiate a Zoning Ordinance Amendment that would allow backyard beekeeping
in R-1 single-family zones.
If the City Council initiates the Zoning Ordinance Amendment, staff will research other
ordinances and will work with the committee to prepare a draft ordinance. The draft
ordinance will be reviewed by the Planning Commission for a recommendation, and the
City Council will consider the draft ordinance for adoption at a later time.
Submitted by:
Tony Bagato, Ac{ng
Pproval:
of Community of Development
n M. Wohlmuth, City Manager
\\SRV-FIL2K3\groups\Planning\Tony Bagato\Staff Reports\ZOA\Beekeeping Ordinance Discussion\CCSR_Beekeeping Ordinance Initiation.docx
CITY OF PALM DE
DEPARTMENT OF COMMUNITY
STAFF REPORT
M .M DATECAE- �9- ,5Z0/S
daL�ai
FO P EA 10 2%W- REA01N G_.
REQUEST: CONSIDERATION OF A BACKYARD BEEKEEPING ORDINANCE
IN R-1 SINGLE-FAMILY RESIDENTIAL ZONES.
SUBMITTED BY: Tony Bagato, Principal Planner
DATE: August 27, 2015
CONTENTS: Proposed Backyard Beekeeping Ordinance by Mr. Dan Olensnicky
City of Santa Monica Beekeeping Ordinance
City of San Diego Beekeeping Ordinance
City of San Diego Beekeeping Fact Sheet
Residential Beekeeping Survey
Recommendation
By Minute Motion, direct staff to:
1) Initiate a Zoning Ordinance Amendment that would establish a
Backyard Beekeeping Ordinance in single-family zones based on
staff's research and recommendation, or
2) Enforce the current prohibition of backyard beekeeping in single-family
zones that do not allow it.
Discussion
On June 1, 2015, the City's Code Compliance Division received an anonymous
complaint about a property owner who has two (2) beehives in the backyard of a single-
family home located in an R-1 single-family zone. Currently, the Zoning Ordinance only
permits beekeeping (apiaries) in the City's Residential Estate (RE) Zone and Hillside
Planned Residential (HPR) Zone. Beekeeping is allowed in these two (2) zones
because the residential lots are rural in nature and much larger (1 acre or larger) than a
typical R-1 single-family zone. R-1 single-family lots range between 8,000 square feet
and 20,000 square feet.
In recent years, cities throughout the Western United States have started considering
backyard beekeeping ordinances due to a mysterious bee population reduction and the
corresponding pollination challenges.
Staff Report
Backyard Beekeeping Ordinance Discussion
August 27, 2015
Page 2 of 2
Although staff believes that beekeeping is a benefit to the environment, a potential
ordinance to allow them in R-1 single-family zones will come with controversy. Staff
believes there will be opposition from property owners concerned about bee stings,
swarming, and the belief that beekeeping should only be allowed in agricultural zones.
The homeowner who currently has two (2) beehives in his backyard has provided a
sample ordinance that the City could adopt. In addition, staff has provided example
backyard beekeeping ordinances from the cities of Santa Monica and San Diego, and a
beekeeping fact sheet from the City of San Diego. Staff contacted several local cities
about residential beekeeping. The City of Palm Springs allows residential beekeeping
as a Conditional Use Permit. The other cities staff contacted did not allow residential
beekeeping.
If the City Council believes backyard beekeeping should be allowed in R-1 zones, the
City Council needs to initiate a Zoning Ordinance Amendment. Based on City Council
direction, staff will present a draft ordinance with regulations based on other ordinances
and potential issues related to backyard beekeeping. The Zoning Ordinance
Amendment will require a public hearing and recommendation at the Planning
Commission before the City Council considers the ordinance.
If the City Council does not want to initiate a Zoning Ordinance Amendment, backyard
beekeeping in the R-1 single-family zone will remain prohibited, and staff will enforce
the prohibition.
Submitted by:
Tony Bagato
Principal Planner
proval:
Department Head:
Lauri Aylaian
Director of Community Development
CITY COUNMAMM
APPROVEDy Ry TT . WAI wi►
RECEIVED oTNER
M. Wohlmuth NOES:J�hhn
Manager A] E m
Minute Motion: 1) Continued the ABSTAINt
isue to a date uncertain; 2) appointed VERIFIED BYS
Councilmembers Harnik and Jonathan OrWad an Fib w t4
to a subcommittee with staff to research the
issue and provide recommendation back to
the Council. 4-0
G:\Planning\Tony Bagato\Staff Reports\Beekeeping Ordinance Discussion\CCSR_Beekeeping Ordinance Discussion.docx
y
Proposed Backyard Beeping Ordinance.
Definitions.
(1) "Bee" shall mean any stage of the common domestic honey bee,
Apis Mellifera species.
(2) "Hive" shall mean a structure for the housing of a bee colony.
(3) "Requeen" means to replace the queen bee in a colony with a
younger queen, a common practice in beekeeping to prevent bee
swarming.
Purpose.
(1) The purpose of backyard beeping is to promote the hobby of
beekeeping in a safe and sustainable manner, not for production of
honey on a commercial basis.
(2) Backyard beekeeping is a way to mitigate the decline in population of
honeybee pollinators in the United States and in the Coachella
Valley.
(3) Improved pollination increases the local flower pollination resulting in
the beautification of our landscape. It also increases the yield of
local fruit trees and gardens in our city, thereby decreasing the
dependence on outside farming and fossil fuels in our area.
Indirectly this will decrease the city's carbon footprint and financial
stress on our residents.
(4) Reintroduction of more docile strains of honey bee can displace some
of the Africanized strains of honey bees in the Palm Desert area.
General Requirements.
(1) The applicant shall be registered as a beekeeper with the County of
Riverside Department of Agricultural Commissioner.
(2) No more than one hive may be maintained on any residential
property per each 2500 square feet of total property occupied by the
residence.
(3) All bee colonies shall be kept in inspectable hives consisting of
moveable frames and combs.
(4) Hives must be kept in sound and usable condition at all times.
Hive Placement Requirements.
(1) Hives shall be located at least five feet from all property lines.
(2) Hive entrances shall face away from or parallel to the nearest
property line(s).
(3) Hives must either be screened so that the bees fly over a five-foot
barrier, which may be vegetative, before leaving the property, or be
placed at least eight -feet above the adjacent ground level.
Hive Management Requirements.
(1) Hives shall be continually managed to provide adequate living -space
for their resident bees to prevent swarming.
(2) Colonies shall be re -queened following any swarming or aggressive
behavior.
(3) A water source for bees shall be provided at all times on the property
where the bees are kept to discourage bee reliance on water
sources of an adjacent property.
(4) Hive maintenance materials or equipment must be stored in a sealed
container or placed within a building or other bee -proof enclosure.
Nuisance. Bees or hives shall be considered a public nuisance when any
of the following occurs:
(1) Colonies of bees exhibit repeatedly aggressive behavior, or interfere
with the normal use of neighboring properties.
(2) Bees or hives do not conform to this code.
(3) Hives become abandoned by resident bees or by the owner.
(4) Improper management will be determined by a qualified beekeeper or
beekeeping society in consultation.
, 4.04.130 Bees.
Page 1 of 2
dip I Previous I text I lain
Article 4 PUBLIC WELFARE, MORALS AND POLICY
Chapter 4.04 ANIMALS
4.04.130 Bees.
(a) Definitions.
(1) "Bee" shall mean any stage of the common domestic honey bee, Apis Mellifera species.
(2) "Hive" shall mean a structure for the housing of a bee colony.
(3) "Requeen" 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.
(b) General Requirements.
(1) Hives may only be maintained on single-family residential property.
(2) No more than two hives may be maintained on any single-family residential property.
(3) All bee colonies shall be kept in inspectable hives consisting of moveable frames and
combs.
(4) Hives must be kept in sound and usable condition at all times.
(5) Any person intending to maintain any bee hive on any single-family residential property
within the City must first register with the City's Animal Control Office.
(c) Hive Placement Requirements.
(1) Hives shall be located at least five feet from all property lines.
(2) Hive entrances shall face away from or parallel to the nearest property line(s).
(3) Hives must either be screened so that the bees must fly over a six-foot barrier, which may
be vegetative, before leaving the property, or be placed at least eight -feet above the adjacent
ground level.
(d) Hive Management Requirements.
(1) Hives shall be continually managed to provide adequate living -space for their resident bees
to prevent swarming.
(2) Hives shall be requeened at least once every two 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) Hive maintenance materials or equipment must be stored in a sealed container or placed
within a building or other bee -proof enclosure.
(e) 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.
htti)://www.gcode.uslcodeslsantamonicalview.php?topic=4-4_04-4_04_130&frames=on 7/2/2015
. 4.04.130 Bees. Page 2 of 2
(4) Hives become abandoned by resident bees or by the owner.
(f) 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, or a misdemeanor, which shall be punishable by a
fine not exceeding one thousand dollars, or by imprisonment in the County Jail for a period not
exceeding six 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 pursuant to Chapter 1:09 and Chapter 1.10 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.
(Prior code § 4112; amended by Ord. No. 2344CCS, adopted 1/11/11)
View the mobile version.
C
San Diego Municipal Code Chapter 4: Health and Sanitation
(3-2012)
Article 4: Disease Control — Nuisances
Division 4: Beekeeping
("Beekeeping" added 6-8-1977 by 0-12084 N.S.)
§44.0401 Purpose and Intent
It is the purpose and intent of this division to provide for the safe and orderly keeping
of bees in the City of San Diego by establishing certain minimum standards for the
keeping of bees to protect the public health, safety and welfare of the residents of the
City of San Diego.
("Purpose and Intent" added 6-8-1977 by 0-12084 N.S.)
§44.0402 Definitions
Any word or phrase used in this division and not herein defined shall be given the
meaning established for such word or phrase by Chapter 1 of Division 13 of the
California Agricultural Code. Whenever in this division the term "Commissioner" is
used, it shall mean the San Diego County Agricultural Commissioner and regularly
appointed employees of the San Diego County Department of Agriculture.
("Definitions" added 6-8-1977 by 0-12084 N.S.)
§44.0403 Provisions Supplement State Laws
This division shall in all respects be construed to supplement and harmonize with the
provisions of law of the State of California pertaining to bees and the beekeeping
industry.
("Provisions Supplement State Laws" added 6-8-1977 by 0-12084 N.S.)
§44.0404 Registration Required
Within 30 days of establishing an apiary the owner of the apiary shall register the
apiary with the San Diego County Agricultural Commissioner and shall reregister in
January of every year thereafter while in possession of the apiary.
("Commissioner May Enter Premises" added 6-8-1977 by 0-12084 N.S.)
(Retitled to "Registration Required" and amended 2-22-2012 by 0-20137 N.S.;
effective 3-23-2012.)
Ch. Art. Div.
4 1 4 1 4
San Diego Municipal Code Chapter 4: Health and Sanitation
(3-2012)
§44.0406 Permitted Bee Species
Only docile Apis mellifera species (honey bees) shall be permitted by this Division.
("Notice of Violation" added 6-8-1977 by 0-12084 N.S.)
(Retitled to "Permitted Bee Species " and amended 2-22-2012 by 0-20137 N.S.;
effective 3-23-2012.)
§44.0408 Beekeeping — Locational Requirements
(a) An apiary consisting of three or more beehives shall be located no closer than
600 feet from a building used as a residence, other than the residence located
on the same premises as the beehives, and a minimum of 100 feet from the
public right-of-way.
(b) An apiary consisting of two or fewer beehives may be maintained in
accordance with the following:
(1) The apiary shall be located outside of all required setbacks as
established by Chapter 13, Article 1 of this Code, or fifteen feet from
the property line and 20 feet from all public rights -of -way, whichever
is greater;
(2) A minimum 6-foot tall barrier shall surround the beehive leaving
sufficient space to properly maintain the beehive except that the
barrier shall not be required when the beehive is elevated at least eight
feet above grade;
(3) The beehive is not visible from the public right-of-way;
(4) The beehive is in a location that is secured from unauthorized access;
(5) The opening of the beehive faces the most distant property line;
(6) The opening of the beehive faces away from entrances and walkways
on the premises to the exent possible while ensuring that the entrance
faces the most distant property line;
(7) The beehive structure is a pale color; and
(8) The beehive is requeened at least once every two years.
("Beekeeping — Distance from Buildings " added 6-8-1977 by 0-12084 N.S.)
(Retitled to "Beekeeping — Locational Requirements ".and amended 2-22-2012 by
0-20137N.S.; effective 3-23-2012.)
�Ch. �Art. Div.
1 4 1 4 1 4
San Diego Municipal Code Chapter 4: Health and Sanitation
(3-2012)
§44.0410 Beekeeping — Permission of Landowners
It shall be unlawful for any person to place or keep an apiary, or cause or allow an
apiary to remain on land not owned or possessed by such person without first
obtaining the permission so to do of the owner or person lawfully in possession of
such land.
("Beekeeping — Permission of Landowners " added 6-8-1977 by 0-12084 N.S.)
§44.0411 Beekeeping — Identification Signs
Every person owning an apiary located on premises other than where he resides shall
identify such apiary by a sign prominently displayed on the entrance side of the
apiary stating, in black letters not less than one inch in height on a background of
contrasting color, the name of the owner or person in possession of the apiary, his
address and telephone number, or, if he has no telephone, a statement to that effect.
("Beekeeping — Identification Signs " added 6-8-1977 by 0-12084 N.S.)
§44.0412 Beekeeping — Transportation
It shall be unlawful for any person to transport hives of bees between sunrise and
sunset, or cause the same to be done, unless such bees are confined to the vehicle by
which such transportation is accomplished by screen or other equally effective means.
("Beekeeping — Transportation " added 6-8-1977 by 0-12084 N.S.)
§44.0413 Beekeeping — Fire Safety
(a) An apiary comprising three or more beehives shall also include a firebreak not
less than 30 feet wide around such apiary, which firebreak shall meet the
following specifications:
(1) Within the 10 foot wide area closest to the apiary, all flammable or
combustible vegetation or material shall be cut or trimmed to a height
not greater than six inches above the ground; and
(2) Within the area 30 feet from the apiary and lying outside of the outside
perimeter of the 10 foot wide area in subparagraph (1), all flammable
or combustible vegetation or material shall be trimmed to a height not
greater than 12 inches above the ground.
(3) Subsections (1) and (2) shall not be construed to require the cutting or
removal of individual live trees, unless such cutting or removal is
required in writing by an officer or agency authorized by section
44.0417 to enforce section 44.0413.
Ch. Art. Div.
4 1 4 1 4
San Diego Municipal Code Chapter 4: Health and Sanitation
(3-2012)
(4) Subsection (a) shall not apply if the apiary is maintained in a
residential zone area unless the Fire Department determines that a
firebreak is necessary to protect the public safety.
(b) Every person owning, possessing or controlling an apiary comprising two or
fewer beehives shall be required to locate the beehives within Brush
management Zone One in accordance with San Diego Municipal Code section
142.0412 (Brush Management).
("Beekeeping — Firebreak" added 6-8-1977 by 0-12084 N.S.)
(Retitled to "Beekeeping —Fire Safety" and amended 2-22-2012 by 0-20137N.S.;
effective 3-23-2012.)
§44.0414 Beekeeping — Fire Fighting Materials
The following fire fighting materials shall be maintained, in good working condition,
at all times when the apiary is attended by the keeper, sufficiently near the apiary so
as immediately to be available in case of fire:
(a) A shovel; and
(b) A fire extinguisher, of either the 2 1/2 gallon water —under —pressure type or
the 5 gallon back —pump type; provided, that a fire extinguisher, equally
effective as those above mentioned, may be used if written authority is first
obtained from an officer or agency authorized by Section 44.0417 to enforce
this section. A garden hose may be substituted for a fire extinguisher,
provided the hose is connected to a source of water.
("Beekeeping — Fire Fighting Materials " added 6-8-1977 by 0-12084 N.S.)
(Amended 2-22-2012 by 0-20137N.S.; effective 3-23-2012.)
§44.0415 Beekeeping — Bee Smokers
A bee smoker, herein defined to mean an appliance utilizing smoke or fire in aid of
the manipulation or transportation of bees, shall be used, if at all, in accordance with
the following regulations:
(a) The bee smoker shall be plugged, while being transported to or from an
apiary, with a metal or hardwood plug;
(b) All burning or smoldering substances within the bee smoker shall be
completely extinguished with water before being transported to or from the
apiary, or the bee smoker containing such substances shall be carried in a
4 Arr. container which is securely fastened to the vehicle used for the transportation
4 4 4 4
thereof,
San Diego Municipal Code Chapter 4: Health and Sanitation
(3-2012)
(c) The container shall be used for the transportation of the bee smoker at any
time that the bee smoker contains any burning or smoldering substance;
(d) The container shall be metal and shall have a top or cover, made of the same
material as the container, which shall be securely fastened in the closed
position whenever a bee smoker is being transported.
("Beekeeping — Bee Smokers " added 6-8-1977 by 0-12084 N.S.)
§44.0416 Beekeeping — Water Supply for Bees
Every person owning, possessing or controlling an apiary shall maintain within ten
(10) feet of each apiary a supply of water which shall be equipped with a float valve
or similar device which assures an adequate accessible and usable supply of water for
the bees.
("Beekeeping — Water Supply for Bees" added 6-8-1977 by 0-12084 N.S.)
§44.0417 Enforcement
Any federal, state, district or city officer or agency that is charged with the duties of
fire prevention or control is authorized, within the geographical limits of his or its
jurisdiction, to enforce Sections 44.0413 through 44.0415 of this division.
("Enforcement" added 6-8-1977 by 0-12084 N.S.)
§44.0419 Beekeeping Regulated — Exceptions
The provisions of this division shall not apply to any apiary which is located and
maintained within a school building or museum for the purpose of study or
observation or which is located and maintained within a physician's office or
laboratory for the purpose of medical research, medical treatment or scientific
purposes.
("Beekeeping Regulated —Exceptions" added 6-8-1977 by 0-12084 N.S)
Ch. Art. Div.
4 1 4 1 4
In January 2012 the City of San Diego amended
its Municipal Code to allow residents of single
family homes, community gardens, and retail
farms to keep and maintain two beehives: The
specific regulations are located in Chapter 4,
Article 4, Division 4 of the Municipal Cade and
can be found by downloading the
following. Chap 04 Art 04 Dior
04, Beekeeping.
Where you locate your
apiary is determined by
the number of hives
1. V
f
and several factors
related to distance
including zone
setbacks. For specific
information regarding
the None setback for
your property go to
the following link and
type in your address: View
your property by address.
You will then receive the zone
name for your property. A link to "More
Info" takes you to another (sage that directs
you to the regulations for your zone. When
viewing the regulations go to the Development
Regulations Table for your zone and look up
"Setback Requirements." You can also call
the Development Services Departments
" information line at (61 ) 44 5000provide
�ycsur address, and. request the name of
your zone and the zoning setback
y information. You will receive a
&� return call with the information.
BENEFITS
t
• Fresh natural honey.
• Reduction in the number of aggressive (Africanized)
bees in the vicinity of the docile honeybee hive.:
• Reduced carbon footprint due to local production,
• Increase in the population of docile honeybees.
• Increased number of pollinators.
• Fresh horsey can be used to alleviate some seasonal
allergies.
The primary risk of beekeeping is bee sting. If you are
going to keep bees you will get stung. A small percentage
of the population is allergic to bee stings (estimates range
form 2 to 5 percent of the population). If you do not
know if you are allergic you should have a physician test
you. If you are allergic you should not keep bees,The
docile honeybees that are permitted by this ordinance are
not aggressive. Beekeeping when done properly poses
very limited risks to surrounding properties or property
owners. The following provide a way to reduce the risks:.
• Discuss beekeeping with your neighbors.
• }pen/manipulate hives only during favorable weather.
• Survey your surroundings for neighbors and pets
before opening/manipulating the hive.
• Face the hive opening away from entrances and
walkways, and toward the most distant property line.
• Even if you are not allergic consider getting an-epi-
pen from your physician, so that one is always on
hand.
SUMMARY OF REGULATIONS
• A beekeeper shall register the apiary with the San
Diego County Agricultural Commissioner within
30 days of establishing the apiary:
• An apiary of three or more hives must be at least
600 Feet from a building used as a residence and
] 00 feet from the public right-of-way.
• An apiary of one or two hives must be located
outside of all setbacks, or fifteen feet from the
property line and 20 feet from the public right-of-
way, whichever is greater
• An apiary of one of two hives must do the
following.
• Locate the beehive in a secured area.
• Requeen the beehive every- two years:
• Locate the beehive so that it is not visible from
the public right -of way.
• Surround the beehive with a six-foot tall barrier
unless it is at least eight Feet above the ground.
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