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HomeMy WebLinkAbout2016-02-16 PC Regular Meeting Agenda Packet CITY OF PALM DESERT ---�7---..� PALM DESERT PLANNING COMMISSION AGENDA - TUESDAY, FEBRUARY 16, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII CONSENT ITEMS HELD OVER OF THE AGENDA. AGENDA PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2016 A. MINUTES of the Regular Planning Commission meeting of January 19, 2016. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to merge four existing parcels at 73-703 Highway 111 (APN 627-212-003). Case No. PMW 15-326 (Ray Rodriquez, Casuelas Cafe, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Parcel Map Waiver 15-326. Action: C. REQUEST FOR CONSIDERATION to merge various lots into one at 45-400 Larkspur Lane (APNs 627-262-008 & 627-262-011). Case No. PMW 15-365 (El Paseo Hotel, LLC., El Dorado Hills, California, Applicant). Rec: By Minute Motion, approve Parcel Map Waiver 15-365. Action: D. REQUEST FOR CONSIDERATION to adjust a lot line between two existing lots at 125 & 119 Netas Court (APNs 771-280-016 & 771-280-015). Case No. PMW 16-012 (Van Skilling, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Parcel Map Waiver 16-012. Action: VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. 2 GAPlanningWonica OReilly\Planning Comm ission\2016\Agenda\2-16-16 agn.docx AGENDA PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2016 A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) to operate a new restaurant, Alps Village, within the Service Industrial zone located at 77-734 Country Club Drive, Suite F. Case No. CUP 15-382 (Robert H. Ricciardi Architects, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2662, approving CUP 15-382, subject to conditions. Action: 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, California 92260, Applicant) Rec: Waive further reading and adopt Planning Commission Resolution No. 2663, recommending to the City Council approval of ZOA 16-40. Action: X. MISCELLANEOUS A. APPOINTMENT of a Planning Commissioner to the Cannabis Ad Hoc Subcommittee. Rec: By Minute Motion, appoint a Planning Commissioner to the Cannabis Ad Hoc Subcommittee. Action: XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION C. GENERAL PLAN UPDATE XII. COMMENTS 3 GAPlanning\Monica OReilly\Planning Commission\2016\Hgenda\2-16-16 agn.docx AGENDA PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2016 XIII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of February, 2016. monica O'Reilly, Recordin ecretary �. Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) `., 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 4 GAPlanning\Monica OReilly\Planning Commission\2016\Agenda\2-16-16 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, JANUARY 19, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM SERT, CA 92260 I. CALL TO ORDER Vice Chair John Greenwood called the me to order at p.m. II. ROLL CALL Present: Commissioner Sonia Camp Commissioner Nancy DeLu Commissioner Joseph Prade Vice Chair John Greenwood Staff Present: ': ' Jill Trembl ity Attorn Ryan Stend 'recto unity elopment Eric 'a Ass o e C ales,. istant Engine ica O' Ad trative Secretary III. a DGE OF AL IAN` Co sioner Na DeLuna led the Pledge of Allegiance. IV. SUMMA F NCIL ACTION Mr. Ryan Ste dell, Director of Community Development, summarized pertinent January 14, 2016, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 19, 2016 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of December 15, 2015. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Pradetto, second by Commissioner DeLuna, and a 4-0 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood, and Pradetto; NOES: None; ABSENT: None; ABSTAIN: None the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. SELECTION of a Chairperson an Chair n Commissioner Campbell d, by Min otion, to nominate Vice Chair Greenwood for Chairperson. Mo second Commissioner DeLuna and carried by a 4-0 vote (AYES: Ca e , na, Gr ood, and Pradetto; NOES: None; ABSENT: None; ABSTAIN: No Commissioner oved, to Mo to nominate Commissioner Campbell for Vice perso otion seconded by Vice Chair Greenwood and carried by a 4-0 (AYES: pbell, una, Greenwood, and Pradetto; NOES: None; ABSENT: ABST ne). B. TH ommisslffilWisons for Art in Public Places and Parks 11 ion issions. mmissioner bel ed, by Minute Motion, to be the Art in Public Places Liaison he year 201 otion as seconded by Commissioner DeLuna and carried by a 4-0 S: Campbe eLuna, Greenwood, and Pradetto; NOES: None; ABSENT: None; ABS None). Commissi eph Pradetto mentioned that he does not mind continuing being the li n for the Parks and Recreation Commission. However, his Riverside County board meetings are on Tuesday mornings, and at times it is difficult to attend the Parks and Recreation Commission meetings. Vice Chair Greenwood noted that a recommendation would be made to the City Council to have only six meetings per year, and offered to take on the role. Commissioner Pradetto moved, by Minute Motion, to nominate Vice Chair Greenwood for the Parks and Recreation Liaison for the year 2016. Motion was 2 &TIanning\Monica OReilly\Planning Commission\2016\Minutes\1-19-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 19, 2016 seconded by Commissioner DeLuna and carried by a 4-0 vote (AYES: Campbell, DeLuna, Greenwood, and Pradetto; NOES: None; ABSENT: None; ABSTAIN: None). Commissioner DeLuna asked if Vice Chair Greenwood is acting as the Chairperson for the Planning Commission. Mr. Stendell responded that for the meeting tonight, Vice Chair Greenwood would operate as the Chairperson. At the next meeting, he would be the Chairperson. IX. CONTINUED BUSINESS A. MINUTES of the Planning Commission in December 1, 2015, (continued from the meeting of Decemb 5, 2015). Rec: By Minute Motion, approve a ented. Upon a motion by Commissioner Ca II, sec y Commissio'. r Pradetto, and a 4-0 vote of the Planning Commission pbell, DeLuna, Greenwood, and Pradetto; NOES: None; AB T: None; IN: None), the minutes were approved as presented. X. PUBLIC HEARINGS A. REQUEST FAAWWA61DERA • adop itigated Negative Declaration of Enviro tal Im t, a De pment Plan, Precise Plan, and Tentative Tract for the c truction a 73,000-square-foot clubhouse facility includin ergrou king an ur (4) condominium units at BIGHORN Golf Club e ve. Case Nos. DP/PP/EA 15-273 and 23 ( N Golf alm Desert, California, Applicant). Eric CeJ sso Planner, presented the staff report (staff report is ailable at ww Vofp sert.or ). At the conclusion of his report, he noted rection in the .. olutio W He said that this item does not require City Council ap I, as menti d in the resolution. He offered to answer any questions. Commi er a clarified that the existing parking would accommodate the increased ootage of the building. Mr. Ceja replied yes. He explained that not only is there parking for cars, there is significant parking for golf carts which are used mostly by residents. Commissioner Sonia Campbell asked if there were any complaints from the residents regarding the additional height. Mr. Ceja responded he received one inquiry pertaining to the applications. He did not receive a call in favor or opposed to the project. 3 G'.\Planning\Monica OReilly\Planning Commission\2016\Minutes\1-19-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 19, 2016 Commissioner Pradetto asked if the increase in square footage is primarily from the addition in height and floor space of the condominiums. Mr. Ceja answered that the increase in footage is from the condominiums and the expansion of the building. Vice Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. CARL CARDINALLI, Palm Desert, California, ap ted the opportunity to be before the Planning Commission to present ect that would make a positive contribution to the City of Palm Desert. ves the project is in the City's and BIGHORN's tradition of quality an elle Mr. Cardinalli took a moment to commend City staff. Staff was th u and p sional in the review of the application, and it was a pleasure g with them. he thanked the Planning Commission for considerati their application a troduced Mr. Fogg. MR. ANDREW FOGG, Los Angeles, also thanked the Planning Commission and City staff. mentione have other people present to answer technical questions Planning mission may have. He noted there would be private subt n rking f condominiums. Each unit would have two dedicated p to s He ined the needs for the clubhouse have ed, and e s would accommodate its growing and di ership. red to er any questions. Vice Chai eenwood uired i re are future plans to add additional condominiu M A resp that they anticipate adding more condominiums at tme. id t could be an opportunity on the other side of Highway 74 other ame With n her testimo ffere ice Chair Greenwood declared the public hearing closed. Commi er a mirrored and thanked the applicant for their high praise of City staff. els staff goes the extra mile to work with applicants, and BIGHORN h always been a good partner in development. Secondly, the project's design looks incredible and architecturally sound, and one that would blend beautifully into the hillside and enhance the community. Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Planning Commission Resolution No. 2661, approving Case Nos. DP/PP/EA 15- 273 and TTM 37023, subject to conditions. Motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: Campbell, DeLuna, Greenwood, and Pradetto; NOES: None; ABSENT: None; ABSTAIN: None). 4 G.\Planning\Monica OReilly\Planning Commission\2016\Minutes\1-19-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 19, 2016 The applicant thanked the Planning Commission for their approval. Commissioner Campbell asked when the building would be ready. MR. CARDINALLI replied November 1, 2017. XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Commissioner Pradetto reported that & Recreation Commission discussed the timing for th rth park as ed with the Millennium Specific Plan. C. GENERAL PLAN UPDATE CH OR GROUP Commissioner rets th eetin a over. She stated there is a lot of excite with Des nd the direction the City could go. She thinks tha e next 20 25 year aim Desert is going to grow in a direction that would t and ent the nging demographics of the population while still takin s a multi-aged population. en agreed with Commissioner DeLuna. He said it is very citing and abl cess and staff did an amazing job. missioner De a ad that the consultants also did an incredible job. She m ed there is document that would be completed, and asked if the City Coun ould nee approve the document. Mr. Stend d yes. He noted that the plan should be ready to go out to the public by the d of the month. He committed to have the plan wrapped up by the end of this fiscal year. Vice Chair Greenwood commented that it would be beneficial to provide the Planning Commission an update on the Specific Plan for the north sphere, as well as the General Plan. 5 G TlanningWonica OReilly0anning Commission\2016\Minutes\1-19-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 19, 2016 Mr. Stendell responded that he would change Item C under Committee Meeting Updates to General Plan & Specific Plan Update. He noted that both plans would need to go through the Planning Commission and be part of the process. Commissioner DeLuna asked if Raimi and Associates would make the presentation to the Planning Commission. Mr. Stendell said he could make that happen. XIII. COMMENTS None XIV. ADJOURNMENT With the Planning Commission concu e, Vice Chair Gre" od adjourned the meeting at 6:31 p.m. GREE OD, VICE CHAIRPERSON u . ATTEST: RYAN STENDELL, E PALM D AN MMI MONICA ILLY, RE C DING SECRETARY 6 GIPlanning\Monica OReilly\Planning Commissiont2016\Minutes\1-19-16.docx c CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: BO CHEN, CITY ENGINEER SUBJECT: PARCEL MAP WAIVER NO. 15-326 DATE: JANUARY 22, 2016 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 15-326: Applicant/ Property Owner: Ray Rodriguez / Casuelas Cafe Delrod LLC 73703 Highway 111 Palm Desert, CA 92260 Representative: McGee Surveying, Inc. 45-100 Golf Center Pkwy., Ste. G Indio, CA 92201 =--i------ `—�— --- ------------ , BO CHEN, P.E. City of Palm Desert /Department of Community Development PARCEL MAP WAIVER 73-510 Fred Waring Drive•Palm Desert•California•92260•(760)346-0611 . Fax(760)776-6417 Applicant: (-ltk it S R� 6t S Telephone: Mailing 7ss: / `� �7 1 A �� Fax number. '76 6" �7&' 'fS-7Y f r City: 01 State-&LZi : j�64maiL cZ S �t if la eA Property Owner: �' �' (/I , Telephone: Mailing Address: 4 "(Ah U Fax number: City: State: Zip: Email: Representative: _ Telephone: Mailing Address: �� {� Fax number: _ City: State: Zip: Email: C V, la-h Please send correspondence to(check one):=Applicant Property Owner Representative Project Address(s): Assessor Parcel Number(s): Existing Zoning: General Plan Designation: Project Request(describe specific nature of approval request): Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein-give authorization for the filing of the application. n f t< Signs ure I Print Name 0 Date Applicant/ Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require condition of approval. Signature Print Name Date Property Owner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regarding any deed rest ions that may be applicable to the prope described herein. Signature trint Name Date OFFICE USE ONLY j PROJECT NO: PMW ! '3� E DATE: 11 ACCEPTED BY: ♦ City of Palm Desert /Department of Community Development PARCEL MAP WAIVER :V 73-510 Fred Waring Drive• Palm Desert• California •92260•(760)346-0611 Fax(760) 776-6417 Applicant: 1G L!4F Z Telephone: (fit,(, 56e -001 Mailing Address: Fax number: City: State: Zip: Email: Property Owner: P&L Ov LL G Telephone: C740:69,' , Mailing Address: Fax number: City: State: Zip: Email: Representative: Telephone: Syz- -ZZy Mailing Address: s Tr C Fax number: 6760 3y2--Su44 City: %A.J o i State: CA Zip:'`12 Zc i Email: 6 -tl e if SL,r ye-41 �,cc,�, Please send correspondence to (check one): Applicant Property Owner Representative Project Address(s): '73 703 ?AAA -C>I✓s erc:�, T>P Assessor Parcel Number(s): (;Z"7- Z i Z — ©63 Existing Zoning: General Plan Designation: Project Request(describe specific nature of approval request): �I L Q' &:-KiS-ri-< Psiz---eis - Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. 45 9- f�'TitZZt(� Signature Print Name Date Applicant/ Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. Signature Print Name Date Property Owner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described herein. Signature Print Name Date OFFICE USE ONLY G PROJECT NO: PMW '� -3L 6 DATE: ACCEPTED BY: �� EXHIBIT "A" P.M.W. 15-326 LEGAL DESCRIPTION PARCEL"I"(MERGED LOTS 4,5,6 AND 7, BLOCK"R"OF PALM DESERT TRACT) BEING LOTS 4,5,6 AND 7, BLOCK"R",OF PALM DESERT TRACT,IN THE CITY OF PALM DESERT,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS SHOWN BY MAP ON FILE IN BOOK 21, PAGES 50 THROUGH 54 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER,OF SAID COUNTY OF RIVERSIDE; EXCEPTING THEREFROM THE NORTHERLY 20 FEET. THE ABOVE DESCRIBED PARCEL"1"CONTAINS 39,101 S.F.(0.898AC.), MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS,CONDITIONS, RESERVATIONS,RESTRICTIONS, RIGHTS OF WAY, EASEMENTS,OR EXCEPTIONS OF RECORD, IF ANY. Lt. � ���fc•y' i�f 3•�i,t OF C � :.�l PAGE 1 OF I PAGE WE yy THIS PLAT WAS PREPARED fROM RECORD DATA < '10 0 25 50 DOES DOES NOT REPRESENT A SURVEY OF THE PROPER EXHIBIT nB ` SHOW HEREON. THIS MAP HAS BEEN APPROVED P.M.W. 15-326 UPON THE EXPRESSED COVD177ON THAT BUILDING PERMITS SHALL NOT BE ISSUED FOR ANY DEVELOPMENT ( IN FEET ) IWTHIN THIS ADXSTMENT PLAT UNTIL NECESSARY DEDICATIONS, IF ANY, HAVE OCCURRED. 1 inch = 50 ft. NOTE. THERE MAY BE EASEMENTS OF RECORD DELINEA TED AND REFERENCED ON THE UNDERL PING MAP, OR THERE MAY BE EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE NOT SHOWN H I G H W A Y 1 1 1 ON THIS DOCUMENT THAT COULD _ ENCUMBER SAID PARCEL HEREIN. (PER M.B. 21150-54) 0 0 PALM DESERT DRIVE SOUTH N 8974 JO" W 200.00' b INST NO. 1960-107180 0.R. N 897430" W N 200 00' 50.00 50.00 50.00 50.00' S 3 vol vol 5 �oj 6 dot 1 col 8 vo A. P. N. 627 - 212 - 003 �� `* 54 .R " gyp. o 0 6� NORTH LINE Of DRIVEWAY PARKING k UTILITY EASEMENT PER M.B. 21150-54 AND RIGHT TO ����PL A. EASEMENT S o CVWD PER DOC. NO 106500, REC. 10/9/63, AND L EASEMENT TO CA. ELEC. POWER CO.(SCE SUCCESSOR) 19-y4 MOB ��F Z o PER DOC. REC. 1017147, BK. 867, PC 109, AND o ESMT TO SCE AND GTE(VERIZON) PER DOC. NO. o Z 144856, REC. 9128176. 5479 G Exp. 9/30/16 QP s9T�OF CAI\F�R�\� 50.00' 50.00' 50.00' _ N 9 45 00' W 200.00' vol 22 vol 2, vol Zp �,oZ �9 �-pS 1a �-0 m ESMT TO CA. ELEC. POWER CO. (SCE SUCCESSOR IN INTEREST) ALONG LOT LINES AS INDICATED. SAID ESMT ALONG THE WEST AND EAST LINE OF LOT 6 AND THE EAST LINE OF LOT 7 TO BE LEGEND: QUITCLAIMED. SAID ESMT ALONG EAST LINE OF LOT 4 QUIT- EX. LOT LINE TO REMAIN CLAIMED PER DOC. NO. 2002-JO6680. EXIST. EASEMENT LINE — — — — ELIMINATED LOT LINE ADJUSTMENT PLAT - CITY OF PALM DESERT PREPARED BY.• APPLICANT.• APPROVED BY.• MR. RAY RODRIGUEZ R. PAGE GARNER CIO McGEE SURVEYING, INC. A g77G /NDIOIOCAGOL���CENTER PKWY, S7-E. G WA YNE A. McGEE DATE CI TY SURVEYOR L.S. 5479 L.S. 6155 EXP. JIJ1116 err+ 'rir CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: BO CHEN, CITY ENGINEER SUBJECT: PARCEL MAP WAIVER NO. 15-365 DATE: January 19, 2016 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 15-365: Applicant/ Property Owner: El Paseo Hotel, LLC c/o Robert Leach 3941 Park Drive, Suite 20-308 El Dorado Hills, CA 95762 Representative: Michael Baker International 74-130 Country Club Drive, Ste. 201 Palm Desert, CA 92260 BO CHEN, P.E. RECEIVED DEC 10 2015 City of Palm Desert /Department of Community Dev „ ~_SERT PUBLIC WORKS DEPT PARCEL MAP WAIVER 73-510 Fred Waring Drive• Palm Desert•California•92260• (760)346-0611 • Fax(760) 776-6417 Applicant: EL PASEO HOTEL,LLC Telephone: 916-798-3649 Mailing Address: 3941 PARK DRIVE, SUITE 20-308 Fax number: City: ELDORADO HILLS State: CA Zip; 95762 Email: robert@westriverinc.net Property Owner: EL PASEO HOTEL, LLC Telephone: 916-798-3649 Mailing Address: 3941 PARK DRIVE, SUITE 20-308 Fax number: City: ELDORADO HILLS State: CA Zip: 95762 Email: robert@westriverinc.net Representative: MICHAEL BAKER INTERNATIONAL Telephone: 760-776-6131 Mailing Address: 74-130 COUNTRY CLUB DRIVE, SUITE 201 Fax number: 760-346-8315 City: PALM DESERT State: CA Zip: 92260 Email: billpope@mbakerintl.com Please send correspondence to(check one): Applicant Property Owner X Representative Project Address(s): 45-400 LARKSPUR LANE Assessor Parcel Number(s): 627-262-008&627-262-011 Existing Zoning: R-3(4) General Plan Designation: Project Request(describe specific nature of approval request): REQUEST FOR A PARCEL MAP WAVER TO MERGE VARIOUS LOTS INTO ONE(1). Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give;authorization for the filing of the application. ROBERT LEACH SignaVul Print Name Date Applicant / Repdesentative Signature: By signing this application I certify that the information provided is accurate. I understand �the City might not approve what I am applying for and/or might require conditions of approval. WILLIAM POPE f Z . (p Signature Print Name Date Property ner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regarding any deed r strictions that may be applicable to the property described herein. ROBERT LEACH T,dr19t re �` Print Name Date OFFICE U,�`E ONLY { PROJECT NO: PMW / � DATE: ACCEPTED BY: Gam'--- EXHIBIT "B" SHEET , 0 1 PREPARED: DEC. 10 215 PLAT - P.M.W.15-365 RBF JOB #: 149713.001 LOT 1 DATA TABLE MB 21/50-54 m 0 r- @0 BEARING/DELTA LENGTH RADIUS a ° O v R [ 1 N89°44'35"E 62. 1 1 ' -- `N6�96�5 �n ® 5 z of 2 N73° 15'23"E 36.83' -- � [3] S13°49'43"E 19.88, -- _ _-_- - _ 14 S12°31 '51"W 30,76' -- (N89°44'35"E L5J I N89°44'33"E 36.01 ' -- (220.00' ) - (6) 0=90°06'50" 31 .46' 20.00' 0 - CO LOT LINE TO o -' ORIGINAL LOT LINE TO BE REMOVED LEGM30 ^ BE REMOVED LOT 7 ORIGINAL OR PRIOR LOT LINE TO REMAIN o MB 21/50-54 (�) DENOTES RECORD DATA PER MB 21/50-54 0 Q�1 -� ~o C14o ARCS Qoa, [ ] DENOTES RECORD DATA PER R.S. 125/36 Ln ALL BEARINGS AND DISTANCES WERE TAKEN FROM, PPN 1-t o OR DERIVED FROM, RECORD OF SURVEY FILED IN J �/ oo 00 in BOOK 125, PAGE 36, RECORDS OF RIVERSIDE Z COUNTY. 3 - - _ _ _ _ (200.00 ) _ _ 3-- (-44- :: 5' PUE PER M.B. 21/50-54, O.R. '"' (N89°44'35"E) o _' ��GO LOT LINE TO I n o EASEMENT TO SOUTHERN CALIFORNIA EDISON Y CD�' o BE REMOVED CD PER DOCUMENT REC. ON 8/15/1977 AS INST. Q z IN o J N 00 NO. 157940, O.R. J 1 Ln 01 mm z Ol GRANT DEED REC. 11/02/2015 AS f3i I LOT 6 00 o I DOC, NO. 2015-0480609 rn 0 00 m MB 21/50-54 I CD N ( � z 0 ,n o v I ~ Q 00 CDICD " 5' ~ \o�a� LA N I I ( 0 1 6 I � 6 (179.96' ) No. 8508 [N89°44'35"E 199.96' 1 o * • — — — ✓ Exp. 12/31/2016 f9rF of c SHADOW MANTA I N DRIVE 627-262-008 DOC. NO. 2015-0480609, REC. 11/02/2015 EL PASEO HOTEL, LLC 627-262-011 ADJUSTMENT PLAT - CITY OF PALM DESERT PREPARED BY: APPLICANT: IEWED IN: 74-MCOMMCLUBUMUM2a EL PASEO HOTEL, LLC PALM=Wr C&MRM IM 3941 PARK DRIVE, SUITE 20-308 INTENN&T AN 7l0 it W7,0 PAXM M136 EL DORADO HILLS, CA. 95762 woo PROPERTY Ate: RONALD MUSSER, PLS 4230 1-1Z/6j 45-400 LARKSPUR LANE EXP. 6/30/2016 DATE: �•/9 �>� ISTOPHER L. TS, PLS 8508 DATE PALM DESERT, CA 92260 FOR C r'rY OF PAL M D E S E RT EXHIBIT "A" PMW 15-365 LEGAL DESCRIPTION FOR A LOT LINE ADJUSTMENT EL PASEO HOTEL, LLC. — PALM DESERT, CA PARCEL 1 Being all of Lots 6 and 7 and portions of Lots 1 and 5 in Block Q of Palm Desert Unit No. 1, in the City of Palm Desert, County of Riverside, State of California, as shown by a map filed in Book 21, Pages 50 through 54, inclusive of Maps, in the office of the County Recorder of said County of Riverside, also as shown on a Record of Survey on file in Book 125, Page 36 of Records of Survey in said County of Riverside, more particularly described as follows: BEGINNING at the northeast corner of said Lot 7 of said Palm Desert Unit No. 1; Thence along the east line of said Lot 7 and its southerly prolongation South 00008'35" East 400.00 feet to the north right-of-way line of Shadow Mountain Drive, having a half-street width of 30.00 feet as shown on said map of Palm Desert Unit No. 1; Thence along said north line South 89°44'35"West 199.96 feet to the beginning of a tangent curve concave northeasterly and having a radius of 20.00 feet; Thence westerly, northwesterly and northerly along said curve through a central angle of 90°06'50"an arc length of 31.46 feet to the east line of Larkspur Lane having a half street width of 30.00 feet as shown on said Palm Desert Unit No. 1; Thence tangent from said curve and along said east line North 00°08'35"West 379.96 feet to the northwest corner of said Lot 7; Thence along the north line of said Lot 7 North 89044'35" East 62.11 feet; Thence leaving said north line North 66°04'55" East 96.85 feet; Thence North 73'15'23" East 36.83 feet; Thence South 13°49'43" East 19.88 feet; Thence South 12°31'51"West 30.76 feet to the north line of said Lot 7; Thence along said north line North 89°44'33" East 36.01 feet to the POINT OF BEGINNING. CONTAINING 2.09 Acres, more or less. AS SHOWN ON EXHIBIT"B" attached hereto and by this reference made a part hereof. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This legal description and accompanying plat were prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors Act. 1/z ChStOpher L. Alberts, PLS 8508 Datei Page 1 of 1 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: BO CHEN, CITY ENGINEER Date: February 9, 2016 Subject: PARCEL MAP WAIVER NO. 16-012 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 16-012: Applicant/ Property Owner: David Van Skilling and Barbara C. Skilling, Co-Trustees 125 Netas Court Palm Desert, CA 92260 Representative: McGee Surveying, Inc. 45-100 Golf Center Pkwy., Ste. G Indio, CA 92201 BO CHEN, P.E. SECEr\JED ♦ Cityof Palm Desert /De artment of Community DeveloW,,,q 0L"BK EDERT �--- ---` p Y PUB ORKS DEFT PARCEL MAP WAIVER 73-510 Fred Waring Drive•Palm Desert•California•92260• (760)346-0611 • Fax(760) 776-6417 Applicant: Mr. & Mrs.Van Skilling Telephone:I-764)-Y(f" 7s3? Mailing Address: 125 N ErA'S CT Fax number: City: fpjh^T>tE5 �c�" State: CA Zip: 9?7140 Email: bf!R)1ar✓�,� co- n1 etc.• c Property Owner: Same as applicant Telephone: Mailing Address: Fax number: City: State: Zip: Email: Representative: McGee Surveying, Inc. ( Brad McGee) Telephone: (760)342-2249 Mailing Address: 45-100 Golf Center Pkwy., Ste. G Fax number: City: Indio State: CA Zip: 92201 Email: brad@mcgeesurveying.com Please send correspondence to (check one): Applicant Property Owner x Representative Project Address(s): 125& 119 Netas Ct. Assessor Parcel Number(s): 771-280-016/ 771-280-015 Existing Zoning: General Plan Designation: Project Request(describe specific nature of approval request): adjust lot line between 2 existing lots Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. is- SIgnature Print Name Date Applicapt I Representative Signature: By signing this application I certify that the information provided is accurate. I un that the City might not approve what I am applying for and/or might require conditions of approval. ILA 4f Signa Print Name ate Property Owner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described herein. A .- C4.4 U — "�>AVI V. S' , II x Signature 7 Print Name Date OFFICE USE ONLY PROJECT NO: PMW l't/a C3/Z DATE: ACCEPTED BY: EXHIBIT "A" P.M.W. 16-012 LEGAL DESCRIPTION PARCEL"A"(ADJUSTED LOT 16,TRACT NO.27520-1) LOT 16 OF TRACT NO.27520-1, IN THE CITY OF PALM DESERT,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 241,PAGES 100 THROUGH 107,INCLUSIVE,OF MAPS IN THE OFFICE OF THE COUNTY RECORDER,OF SAID COUNTY OF RIVERSIDE; TOGETHER WITH THAT PORTION OF LOT 15 OF SAID TRACT NO.27520-1,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 16,N 51040'25"E,A DISTANCE OF 71.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 15, S 69029'08" E,A DISTANCE OF 65.24 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 15; THENCE N 16049'44"W,A DISTANCE OF 69.74 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID LOT 15, THENCE S 42059'31"W,A DISTANCE OF 60.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL"A"CONTAINS 35,883.16 S.F.(0.824 AC.)MORE OR LESS FOR GRAPHICAL PURPOSES SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS,CONDITIONS, RESERVATIONS,RESTRICTIONS, RIGHTS OF WAY, EASEMENTS,OR EXCEPTIONS OF RECORD,IF ANY. S�O�1►RD SUAyfy *VS A. C(i 3 LS 5479 P RE o e PAGE I OF 2 PAGES EXHIBIT "A" P.M.W. 16-012 LEGAL DESCRIPTION PARCEL"B"(ADJUSTED LOT 15,TRACT NO.27520-1) LOT 15 OF TRACT NO.27520-1, IN THE CITY OF PALM DESERT,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS SHOWN BY MAP ON FILE IN BOOK 241,PAGES 100 THROUGH 107,INCLUSIVE,OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE; EXCEPTING THERFROM THAT PORTION,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 16,N 51°40'25"E,A DISTANCE OF 71.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 15, S 69029'08"E,A DISTANCE OF 65.24 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 15; THENCE N 16049'44"W,A DISTANCE OF 69.74 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID LOT 15, THENCE S 42059'31"W,A DISTANCE OF 60.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL`B"CONTAINS 25,859.87 S.F.(0.594 AC.)MORE OR LESS FOR GRAPHICAL PURPOSES SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS,CONDITIONS, RESERVATIONS,RESTRICTIONS,RIGHTS OF WAY, EASEMENTS,OR EXCEPTIONS OF RECORD, IF ANY. SRO�No S�9`Ey �NEA 1f, °9 i S 5479 4 IIRR S. F LAV= PAGE 2 OF 2 PAGES NOTE EXH/BI T �e n 0 30 60 7N1S PLAT WAS PREPARED FROM RECORD DATA A, ; DOES NOT REPRESENT A SURWY OF THE PROPER SHOWN HEREON. THIS MAP HAS BEEN APPROVED P.M.W. 16-012 UPON THE EXPRESSED CON&WN THAT&&DING P£RM17S SHALL NOT BE ISSUED FOR ANY DEKLOPMENT ( IN FEET ) WITHIN THIS ADJUSTMENT PLAT UNTIL NECESSARY DEDICATIONS, IF ANY, HAVE OCCURRED. i inch = 60 ft. NOTE: LINE TABLE CURVE TABLE THERE MAY BE EASEMENTS OF LINE LENGTH BEARING CURVE LENGTH RADIUS DELTA RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAP, OR THERE a 22,64 N 60.20'38' ECR Cl 101,46 268.00 21.41`29' MAYBE EASEMENTS WITHIN THE AREA L2 27,00 N 14.49'08' E C2 53.29 100.00 30.32'01' BEING ADJUSTED THAT ARE NOT SHOWN L3 20.00 N 40.28'14' E C3 67.64 5L00 9*00'10' ON THIS DOCUMENT THAT COULD L4 20.00 N 73'28'14' E C4 50.64 100.00 29.00'S6' L5 29,39 N 07.24'04'E C5 2.65 100.00 MR ENCUMBER SAID PARCEL HEREIN. L6 28.02 N 15.39'27' E N E TA S QESMT TO SCE REC, 1219192, INST ND. 468747 C 0 U R T WIDTH AS NOTED L 0 'C" IK (PRIVATE 5' ESMT TO GTE(VERIZON) REC, 5/14/93, INST. NO. 179761 +� SIT h STREET) N 133324" E R) C 2 — 15 04 2-Q (R) �C4� ClC5 � � � s N IN i 5'P.U.E. I \�p1PL LA S N (� N 15 27 32 W R 3 I g y�E A. MQc GPL� �^ PARCEL 'A' a NO. 5479 A 0.82 AC. +/— j P A R C E L IS II Exp. 9/30/16 �+-- 3' �I 0.59 AC. CF CA0 f /� LOT 16 11 LOT 15 I L4 1 1 TRACT NO. 27520-1 I TRACT NO. 27520-1 1 1 M.B. 241/100-107 I L O T 1 4 I� M.B. 2411100-107 {{ L 5 A.P.N. 771-280-016 �J Z A.P.N. 771-280-015 11 M.B. 241/100-107 T.P.0.B. P.O.C. A S 69?9 8s�' ICE 106.4 6' E N °2' �� TRACT NO.T 27520-4f N 83162 LEGEND: `5���• `' M.B. 270/10J-114 EX. LOT LINE TO REMAIN EXIST. EASEMENT — —— — ELIMINATED LOT LINE NEW LOT LINE ADJUSTMENT PLAT - CITY OF PALM DESERT PREPARED BY.• APPLICANT., APPROVED BY- MR. & MRS. VAN SKILLING R. PAGE GARNER C/0 McGEE SURVEYING, INC. 45-100 GOLF CENTER PKWY, STE. G l q 1 INDIO, CA 92201 WA YNE A. McGEE DA TE Cl TY SURVEYOR L.S. 5479 L.S. 6155 EXP. 3/31/16 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A NEW RESTAURANT ALPS VILLAGE WITHIN THE SERVICE INDUSTRIAL ZONE LOCATED AT 77-734 COUNTRY CLUB DRIVE, SUITE F. SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Robert H. Ricciardi Architects 75-400 Gerald Ford Drive, Suite 115 Palm Desert, CA 92211 CASE NO: CUP 15-382 DATE: February 16, 2016 CONTENTS: 1. Draft Resolution No. 2662 2. Legal Notice 3. Plans and Exhibits Recommendation Waive further reading and adopt Resolution No. 2662, approving Conditional Use Permit (CUP) 15-382 to operate a new 1,700-square-foot restaurant "Alps Village," including outdoor seating within the Service Industrial (S.I.) zone. Executive Summary Approval of the CUP will allow the applicant to operate a new 1,700-square-foot restaurant within the S.I. zone. The surrounding properties are also zoned S.I., but the uses consist of other retail and restaurant tenants. Allowing another restaurant would be consistent with the land use pattern for this area. Public Hearing notices were mailed to parties who own property within 300 feet of the subject parcel and placed in The Desert Sun. No letters or comments were received in favor of or opposition to the proposed use as of the writing of this report. The proposed restaurant will be serving breakfast, lunch, and dinner seven days a week. Staff Report CUP 15-382 Alps Village Page 2 of 3 February 16, 2016 Background A. Property Description: The property is located along Country Club Drive, east of Park Center Drive, west of Washington Street and south of Springfield Lane. The site consists of six (6) separate buildings that were originally unincorporated and built under the County of Riverside's jurisdiction. The City of Palm Desert incorporated this area into the City in 1992. The restaurant would occupy 1,700 square feet of Building 3. The existing site has one (1) access off Park Center Drive and three (3) access points off Springfield Lane. There is a drive alley between the buildings for on-site circulation. The parking was built at three (3) parking spaces per 1,000 square feet and is shared parking throughout the site. B. General Plan Designation and Zoning: The property is designated Industrial-Business Park (I-BP) in the General Plan and is within the Service Industrial (S.I.) zoning district. C. Adjacent Zoning and Land Use: North: S.I. —Various Commercial, Office, and Industrial Tenants South: R-1, 8,000 — Residential Homes /WhiteHawk Community East: S.I. —Various Commercial, Office, and Industrial Tenants West: S.I. —Various Commercial, Office, and Industrial Tenants Project Description The proposed German restaurant would operate seven days a week between the hours of 6:00 a.m. and 2:00 a.m. The restaurant would have 20 employees serving German and American cuisine, desserts, a full bar including wine, beer, liquor, and non-alcoholic drinks. The 1,700-square-foot restaurant will have 49 indoor seats and up to 24 outdoor seats. The applicant anticipates 50 to 60 daily guests by reservations and walk-ins. The restaurant could be rented out for special events for fundraising, social gatherings, and other celebrations. Amplified music will be not used within the restaurant or outdoors. Analysis The Palm Desert Municipal Code (P.D.M.C.) lists permitted, conditionally permitted, and prohibited land uses for each zoning district established in the City. The S.I. zoning district allows restaurants subject to the review of a CUP to ensure there is adequate parking and land use compatibility with surrounding properties. The Findings for Approval have been made and are found in Resolution No. 2662, attached. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 15-382 Alps Village\PC Staff Report.doc Staff Report CUP 15-382 Alps Village Page 3 of 3 February 16, 2016 A. Land Use Compatibility: The site is surrounded by existing offices, industrial uses, restaurants, and retail commercial uses. The site will operate seven days a week between the hours of 6:00 a.m. and 2:00 a.m., and the use of the site as a restaurant is compatible with the adjacent uses since there are other restaurants in the surrounding area. Additionally, the proposed use would complement the adjacent residential homes and the industrial and office uses by providing another dining option in the vicinity, as well as providing an establishment for all other residents and visitors. Municipal Code Section 25.34.100 "Restaurants" requires a CUP when providing more than 12 seats for outdoor dining. The restaurant is proposed with more than 12 outdoor dining seats and use of outdoor dining at the site is compatible with the surrounding businesses and other restaurant uses. B. Parking: Staff is unaware of any ongoing parking issues within the area. Section 25.46.040 Parking Requirements states restaurants need eight (8) parking spaces per 1,000 square feet. The 1,700-square-foot restaurant will require 14 parking spaces. Staff conducted a parking study during the week of January 9 (Saturday) through January 16 (Saturday), and used the adjacent 20 parking spaces for the study. The parking study concluded that at noon (lunch rush), parking demand was less than 90%. Staff did not conduct the parking study during the evening hours since most of the surrounding businesses close, freeing up even more parking availability for the restaurant. Based on the parking study and the adjacent businesses hours of operation, staff believes that there is adequate parking available for the restaurant, and the use will not create a public nuisance in regards to parking. Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has found this project to be categorically exempt, under Class 32: In-fill development, of the CEQA. Because of the categorical exemption no further environmental review is necessary. Submitted By: )�- A�W� Kevin Swartz, Associate Planner Department Head: yan Stendell, Director of Community Development G:\Planning\Kevin Swartz\Word\CUFs\CUP 15-382 Alps Vllage\PC Staff Report.doc PLANNING COMMISSION RESOLUTION NO. 2662 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A NEW 1,700-SQUARE-FOOT RESTAURANT ALPS VILLAGE WITHIN THE SERVICE INDUSTRIAL ZONE LOCATED AT 77-734 COUNTRY CLUB DRIVE, SUITE F CASE NO: CUP 15-382 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 2016, hold a duly noticed public hearing to consider the request by Robert H. Ricciardi Architects, for approval of the above noted project request; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15332 In-Fill Development Projects (Class 32) of the CEQA; therefore, no further environmental review is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify the approval of said request: FINDINGS FOR APPROVAL: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The site is located within the Service Industrial (S.l.) zoning district. The purpose of the S.I. zoning district allows for the manufacture, distribution, and service of products intended for use with the City and uses that are consistent with the residential, resort, and recreational character of the community. This area was previously built under the County of Riverside's jurisdiction and when the City incorporated the area there were already commercial uses in operation. Over the years, staff has allowed commercial uses with the intent of rezoning the properties, as part of updating the City's General Plan. The proposal for a restaurant requires a Conditional Use Permit (CUP) for land use compatibility and parking demand. It can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on-site parking demand. The building also conforms to all development standards contained in the zoning ordinance. The proposed type of business conducted at this site will be compatible with the surrounding businesses and residential homes. i PLANNING COMMISSION RESOLUTION NO. 2662 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses including commercial uses. The site, which was improved with buildings and a parking lot, was originally unincorporated and developed under the County of Riverside's jurisdiction and has operated with various restaurants and commercial retail uses. The proposed interior improvements will comply with all building, life safety and environmental standards during construction and continued operations, including: storm water discharge, health licensing, and fire prevention strategies. All building and site improvements will comply with the Americans with Disabilities Act (ADA).Therefore, the conditional use, will not be detrimental to public health, safety, or welfare, and will enhance surrounding properties rather than detract from them. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed conditional use complies with all applicable development standards for building setbacks and height restrictions, and operational standards contained in the zoning code. Based on the parking study, staff believes that there is adequate parking available for the restaurant, and the use will not create a public nuisance. The proposed use does not require approval of any variances or adjustment. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The General Plan Land Use designation for the site is "Industrial-Business Park (I- B.P.)." The Business Park provides for a flexible mix of office, service commercial, light manufacturing uses ranging from professional and medical offices to limited retail sales including'restaurants. The proposed restaurant will be geared towards the existing businesses and residential homes within the area. A primary objective stated in the Land Use dement of the General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non- industrial land uses. Policy 6B of the General Plan Land Use Element is to review all business parWindustrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. The non-industrial use of a restaurant is a non-polluting use and offers the other businesses and residential homes another dining option, so they would not have to leave the area. The proposed use will be using the same built improvements, rather than constructing new ones that would be used a small percentage of time. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses. 1 PLANNING COMMISSION RESOLUTION NO. 2662 ' NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve the project as proposed, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 16th day of February, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION l PLANNING COMMISSION RESOLUTION NO. 2662 CONDITIONS OF APPROVAL CASE NO: CUP 15-382 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with `counsel chosen by the city at applicant's expense. 5. Any proposed change of this Conditional Use Permit will require an amendment, which will result in'a new public hearing. 6. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals. 7. The hours of operation are from 6:00 a.m. to 2:00 a.m. Monday through Sunday. 8. The restaurant shall have no more than 24 outdoor patio seats. 9. The restaurant shall not have any amplified indoor or outdoor music. BUILDING AND SAFETY DEPARTMENT: 10. This project shall comply with the latest adopted edition of the following codes: A. 2013 California Building Code and its appendices and standards. B. 2013 California Plumbing Code and its appendices and standards. C. 2013 California Mechanical Code and its appendices and standards. D. 2013 California Electrical Code. PLANNING COMMISSION RESOLUTION NO. 2662 E. 2013 California Energy Code. F. 2013 California Green Building Standards Code. G. Title 24 California Code of Regulations. H. 2013 California Fire Code and its appendices and standards. 11. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 12. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11 A & B (as applicable) and Chapter 10. 13. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206) 14. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the.State of California, the ADA requirement shall supersede the State requirement. 15. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 16. Restaurant must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. 17. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 18. All contractors and/or owner-builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 19. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. ' x of4 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346-o6n FAX:760 341-7098 info@paim-descri.org CITY OF PALM DESERT LEGAL NOTICE CUP 15-382 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A CONDITIONAL USE PERMIT FOR A NEW 1,700 SQUARE-FOOT RESTAURANT "ALPS VILLAGE" WITHIN THE SERVICE INDUSTRIAL ZONE LOCATED AT 77-734 COUNTRY CLUB DRIVE,SUITE F The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review under Class 32—15332 Infill Development Project. Project Description: A Conditional Use Permit (CUP) application has been submitted by Alps Village restaurant. A CUP is required to assure land use compatibility and parking demand. The restaurant would operate seven (7)days a week between the hours of 11:00 a.m. and 2:00 a.m. AM ,fir - _ Recommendation: Staff is recommending approval of the restaurant since there is adequate parking and other commercial uses within the area. Public Hearing: The public hearing will be held before the Planning Commission on February 16, 2016, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from February 6, 2016 to February 16, 2016. Public Review: The Conditional Use Permit and related documents are 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 Planning Commission hearing.All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary February 5, 2016 Palm Desert Planning Commission VE d a 4 W z �- w yr �J) m z a J�' r U)U �a W a�t5 a—id $2 H sSF F QWd fn w I_.. raw"awl (� C17 ! rarnn j "Ni i _•yam,.. .7 �f J i15, I - ! W U) t =w 1► Q m Q LLJ r I O Jg`m° o mw� Z u w�fa N r =-1z LL, p s oFy Wz U F�w ft■[ osm p < s O Zr <3 w¢d LLQ msr i k J Z Fm�o w p< zm yo U y w m F- w U r c _ of 191 �sl I At t 1 ` I :I i a sit I 9 ` IL I $. 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Draft Planning Commission Resolution No. 2663, Exhibit A— Draft Beekeeping Regulations 2. Legal Notice 3. City Council Staff Report, dated August 27, 2015 4. Mouck, Jenna "Bees in the City: Administration of Urban Honey Bees" Plan Canada Vol. 55 No. 4, Print Recommendation Waive further reading and adopt Planning Commission Resolution No. 2663, recommending to the City Council approval of ZOA 16-40 adopting standards that will allow beekeeping in certain single-family residential zones. Executive Summary Approval of staffs recommendation will endorse a draft ordinance establishing standards that will allow beekeeping in certain single-family zones as a permitted use. The City Council initiated the ZOA, and staff has been working with an ad hoc committee to establish the draft ordinance that is attached as "Exhibit A" to Planning Commission Resolution No. 2663. Staff Report ZOA 16-40 Beekeeping Regulations February 16, 2016 Page 2 of 4 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 Councilmembers Jonathan and Harnick to an ad hoc subcommittee to work with staff. On November 16, 2015, staff met with the two (2) Councilmembers, 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 committee, the City Council initiated a ZOA 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. Project 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): Residential *Zoning District Special (P=Permitted; A=Administrative Use Permit; L=Large Family Clay Use Care 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 P P P N N P P 1 25.34.170 GAPIanning\Tony Bagato\Staff Reports\ZOA\1640 Beekeeping\PCSR_Beekeeping Ordinance.docx Staff Report ZOA 16-40 Beekeeping Regulations February 16, 2016 Page 3 of 4 The single-family residential zones above will 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. 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 — _ __ __ _ _ _ _ __ e _ _ � LOT iN7 i"2) BE— ✓i WALL,PENCE OR HEDGE 8 tt!!,A- 1`D6�9$]] E a tI'GIE f�MIL'Y s kGaa...L tV..G 3 � F^a!C#LEC Fps H,T-0F_'eE°uAY, RC'ifztTEES w.EE't 1, Lots than 20.000 are a]I ovved 2 hives max. Lets lamer than 20,000 ' ! are allowed 4 hives max.Al I hives must face away from the nearest Lot Lines 2. Minimum 5 ft. distance from hives to the Rear and aide Lot Lines 3, 5 ft.wall, fence,or hedge between hives and the nearest Lot Line 4. Water source provided at all times The proposed ordinance will not require a permit through the City of Palm Desert. 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. GAPlanning\Tony Bagato\Staff Reports\ZOA\16-40 Beekeeping\PCSR_Beekeeping Ordinance.dou Staff Report ZOA 16-40 Beekeeping Regulations February 16, 2016 Page 4 of 4 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: Tony Bagato, Pr-in-6-i—par Planner Department Head: Tl-:�& Ryan S endell, Director of Community Development GAPlanning\Tony Bagato\Staff Reports\ZOA\16-40 Beekeeping\PCSR_Beekeeping Ordinance.docx PLANNING COMMISSION RESOLUTION NO. 2663 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL 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 CASE NO: ZOA 16-40 WHEREAS, honey bees, by pollination, are resp a for 15 to 30 percent of the food eaten by U.S. consumers. WHEREAS, honey bees have been in a across United States for several years. WHEREAS, in June 2014, Presiden ma issu memorand tablishing a Pollinator Health Task Force, co-chaired e ary of Agriculture and the Administrator of Environmental Protection Agenc WHEREAS, in 2015, the Health Force adopted a National Strategy to Promote the Health of H othe ' nators. WHEREAS, in e Polli r It Force adopted a National Strategy to Promote ea Honey and other ollinators. NOW, TH ORE, B RESO' D BY THE PLANNING COMMISSION OF THE CITY OF DE FO , AS FOLLOWS: 1 land ommission v s hereby recommend approval of ZOA 16- 0, as ed hibit A, attached. PLANNING COMMISSION RESOLUTION NO. 2663 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 16 " day of February 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: GREENWOO AIRPERSON ATTEST: RYAN STENDELL, SECRETARY CITY OF PALM DESE ORNI t why 2 PLANNING COMMISSION RESOLUTION NO. 2663 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-Admirtisfra#ive (Jse Permit, L Large Family Day Care Use Use Permit; C=Conditional Use Permit; N=Not Permuted Provisions RE R-1 R-2 R-3 RAM HPR PR Agriculture-Related'Uses Apiary I P P P I N N P P 1 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 PLANNING COMMISSION RESOLUTION NO. 2663 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 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 10,000 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. 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). 4 PLANNING COMMISSION RESOLUTION NO. 2663 E. Hive Management Requirements. 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 FONT LOT LOT LINE E ; BEE HIVES WALL,FENCE OR HEDGE i SINGLE FAMILY DWELLING 3 PUBLIC RIGHT-OF-WAYiFRIVATE STREET ��t-- E ALLOWED AREA y I , WATER SOURCE 1. Lots than 20,000 are allowed 2 ! hives max. Lots larger than 20,000 I are allowed 4 hives max.All hives must face away from the nearest 1 Lot Lines I 2. Minimum 5 ft, distance from hives I to the Rear and Side Lot Lines 'i i 3. f ft.wall,fence,or hedge between hives and the nearest Lot Line 1 4. water source provided at all times i ` wo. s �� 9 xs r a 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. 5 PLANNING COMMISSION RESOLUTION NO. 2663 2. Colonies of bees swarm. 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. 6 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 Planning Commission adopt a resolution supporting the changes to Zoning Ordinance and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on February 16, 2016, at 6:00 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 Planning Commission 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 tbagato(cr-cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary February 6, 2016 Palm Desert Planning Commission mirm om�7 -2615-- U' 4,Ta10 0L,ED j 0 Q "/ &l r CITY OF PALM DES FASM19 10 2%D REQ11 3 DEPARTMENT OF COMMUNITY STAFF REPORT 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: Department Head: Tony Bagato auri Aylaian Principal Planner Director of Community Development CITY COUNCILACTION APPROVED 11)MMM / Approval: RECEIVED OTHER MEET IN G D AYES !71 n M. Wohlmuth NOES: ty Manager ABSEN'Ib r Minute Motion: 1) Continued the ABSTAINS sue to a date uncertain; 2) appointed VERIFIED BY: Councilmembers Harnik and Jonathan Original on File with City erk's Office 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=SR_Beekeeping Ordinance Discussion.dou gy r�.e o/F s/vie,e 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 Santa Monica Municipal Code Up Previous Next Main Search Ff-!rintI No Frames Article 4 PUBLIC WELFARE, MORALS AND POLICY Chanter 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. httn://www.gcode.us/codes/santwnonica/view.i)hL)?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. httn-//www.acode.us/codes/santamonica/view.nhb?tonic=4-4 04-4 04 130&frames=on 7/2/2015 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 2V.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 err* „V 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 0-20137N.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 l 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 0-20137 N.S.; effective 3-23-2012.) Ch. Art. Drv. 4 4 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 0-20137 M.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 Art. Drv. container which is securely fastened to the vehicle used for the transportation 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 0-1208.1 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. Arc Div. 4 1 4 1 4 Y s 1 BFFKFFPINCY 4 d � � f a �a In ' SAN �ffls@ � .. � wry In lanuar-v 2012 the City of San Dig o amended its Municipal Ct.u'e to alicw residents of single s ti w a Family homes, community gardens, and retail � m [arms to keep and maintain two beehives. The Z specific regulations are located in Chapter 4 Article 4, Division Y of the Munic=pal C oce and g � � can I)c found by dc}avnIoading­ the follo 1n,p k"` s,, Fit ...-I:'. \ k3ENEFY FS j. , re you locate your Fresh natural honey, x apiary- is determined by • Reduction in the number of aggressive Africanizedl the number of hives ees in the vicinity of the docile honeybee hive and several factors IN Reduced carbon footprint due to local production. related to distance Increase in the popuiation of docile honeybees. including zone • Increased number of pollinators. setback . Fc�, specific • Fresh honer can be used to alleviate some seasonal aller=ics. inft�lrmation regarding ". the zonesett-)ack for ,.:. y our property go to RISKS w• � the following hnk and t}ape in your address. �9 -�.,- The prin�aryr risk of beekeeping is free stint. If k�>u are ruing to keep bees you will get stung, A si-hall percentage g u °sl1 then receive me zone of the population is allergic to bee stings ;.estinnates range name for your property. A link icy `'�'lore fcariTl 2 to5 percent of the pc�pi.ilatir>a-si_ if you do not Info" takes you to another page that directs know if =�r�ci are allergic °c>c� should have a phvsiciart test you to the regulations for Your zone. When you. If you are allergic:you should not keep bees, �I`hc ��:e>�'iri the regulations go to the Develnptnent dcx.ile }i<iric}17ecs that are pem�itzd hy� this ordinance are: Regulations Table for yrc�ur gone and luck up not aggressive, Feekeepin when done props i 1}�poses You can also call vert� limited asks to surrounding properties or property Setback Requirements, the Development Services Department's owners, The following provide a waytc7 reduce the risks: information line at (619) 446-5000, provide 0Discuss beekeeping with your neighbors. your address, and regciest the name of . Open manipulate hives only during favorable weather, your zone and the zoning set' ack . Survey your surroundings for neighbors and pets �w information_ You will receive a i before opening manipulating the hive. 0 return call with the information- Face the hive opening away from entrances andat walkways, and toward the most distant property line. xa�A F • even if you are not allergic Consider getting an epi- ��� pen from your physician, sty tI 'it one is always on c � �a Hand a a � a �x •yam10 ". sA 8� Sg s _. <�,. ems.,'"„a. .4%.`. Az o�..a'��...- �., .rx. ✓..�<, s �,gne......,.. `. Y .,,K.4`� _au,, �...Aar.,a-.`.`�.S9.z.._�S�k���� keS,.., F r�i.,.. .,r,..,_. � ,' _.ass':,�x.m...,e.-.,.., ,. SL.INIMARY OF REGULATIONS FREQUENTLY ASKED QUESTIONS • A beekeeper shall register the apiary with the San Is:a lter9,rrt eq rimed tc l-eej, glees' Diego County Agricultu=-al C_.ornrnissioner-within Beekeeping, in the City of San iep�o 30 days of establishing the apiar-v, does not rewire a pe"In it • An apiary (A three or more hives must be at least however, as stated in :he 600 iect f OM a buildi.Ig used as a residence and re-ulations beekeepers are 100 feet from the public right-of-�vay. required to register their • An apiary, of one Or tN•vo hives must be located 1.1 v s w'ith the:County Of outside: of all set'nacl s, {,r fifteen feet from the San Diego Departn-rent property line and 20 feet ir4_wm the public right-of- ,f Ai �,7 ights %s,-av, -whichever is greater and Measures. • An a pian of one or ��s� hives must der the � fc�llc ss�ir� Bees sting only to protect • Locate the beehive in a secured area, the hive • Rcqueeri the beehive every two years. • Locates the beehive so that it is not visible horn the public_ right-of cay Their can fly three to -.,our miles to • Surround the beehive s�ith a six-foot tall harrier c011ect nectar and pollen but generally no more unless it is at least eight feet above the ground, than one mile , 7 p �`�t"k• Pt.dt" t3(?i1f�'�'�C�c� t?eCf?,re�,r.}:�it�e:' On average a hive would produce ap proximatcl•4', w 25 pounds of honey a season, p1 t;haLf' t r t4Ng JL1 t'et's iit'e7 \X7(,)rk::r bees live about 40 clays A quceri brc can live up to 5 y ears but for beekeeping purpo>,es a queers is passed her prime at three years_ "l�he regulations require that the I)eekeeperreplace the queen every t,,,vo gears. Are Iviiey t}e:S respoiisible for all f)SLiw p!1!b%et1,)-,I` Not all but most, Honey bees are responsible at least a third of all our food craps and even cotton crops.s. C then animals that pollinate include bats, butterflies, and.birds;. �.. OTHER IIFtIMTICN RESuRCES Additional irtfejrrn rtiOn regarding keeping and main taining chickens can be found ,at the following v-'eb- a sites. � z � xaxa a C • San Diego beekeeping Society v v, ,411 s;xa wk gam � � American Beekeeping Federation L d a � a E V oa's� e.��ar�. 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" " .1 z > u s'1 �i �i x y yfu ' t m&-a 4 • � ti 3 w w w z 0 x z 1 x a w O z o a a E to ADMINISTRATI N OF z G URBAN HONEY BEES w x F BY JENNA MOUCK, MCIP, RPP z N w SUMMARY The plight of the honey bee has been making RESUME Le sort des abeilles a miel a fait la manchette the news around the world.The decline in honey bee partout dons le monde.Le declin des populations Populations and increased public awareness around food d"abeilles et la sensibilisation accrue du public sur les 45 security issues has resulted in some governments taking questions de securite alimentaire ont amene certains action on this important issue. This article briefly explores gouvernements a prendre des mesures dans cet important the broader headlines on honey bees and then focuses on dossier. Cet article explore brievement les manchettes sur o honey bees in urban settings, identifying what some les abeilles et se concentre ensuite sur les abeilles en communities have done to enable the honey bee within milieu urbain.It decrit les mesures prises par certaines municipal limits and providing guidance for other communautes pour mieux accueillir les abeilles et donne m municipalities that may be considering this. The des conseils aux autres municipalites qui songent a a educational opportunities associated with urban emboiter le pas.Les possibilites d'education liees a F z beekeeping may indeed have some impact on the survival 1'apiculture urbaine peevent en effet avoir Lin impact 3 of the larger honey bee population. sur la survie de In population d"abeilles en general. — d G ................................... z INTRODUCTION z The importance of honey bees is not debated.However,the reason for declining honey bee populations around the world a 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. f(f •k . I � 7 • f z a w a ................................... w neonicotinoid insecticides (neonics),more specifically,appear o HONEY BEES 101 to be emerging as the root cause for honey bee decline. z Honey bees are insects that eat nectar and pollen and According to a recent CBC News article,Dutch toxicologist a produce honey.While we won't get into specific details,we will Henk Tennekes stated,"When neonics are present,bees neglect N touch on some key facts relevant to this article.Honey bees to provide food for eggs and larvae,suffer from a breakdown z are social insects that live in colonies with a queen bee leading of navigational abilities because of impaired cognition and I Q the hive and worker bees doing the heavy lifting,including experience lower immunity,making them more susceptible bringing nectar and pollen back to the hive and making honey. to infectious diseases and parasitic opportunists such as F It is the act of feeding on and hauling pollen that results in the Varroa mites."" W pollination of plants. A number of governments around the world are starting to F A honey bee visits an estimated 50 to ioo flowers during recognize the issue and take action at a macro scale,however z one collection trip and a total of more than z,000 flowers on the actions do not appear to be widespread or all inclusive W a good day—and that's just ONE bee.'A typical healthy hive of the risks to honey bee populations,which will result in may contain up to 60,00o honey bees during peak times., continuing honey bee decline. ! Honey bees generally forage within 3 kilometres of their hive, .......................................................... but have been shown to forage as far as lz kilometres;at some 46 BEES IN URBAN SETTINGS point,however,the travel distance is no longer efficient.3 Honey bees are critical pollinators—they pollinate Let's now separate large-scale commercial honey production "o approximately 70 per cent of crop species that feed 90 per cent and declining honey bee populations from bees in urban xof the world and are responsible for$3o billion a year in cropss4 settings.There have been reports of higher honey bee colony Examples of honey bee pollinated crops include apples,nuts, survival rates in urban settings,in addition to higher honey i x summer fruits(such as blueberries and strawberries),alfalfa, yields."This could be due to a number of factors,including guar bean(used in all kinds of products),5 coffee,and cotton.' i the lack of pesticide use on plants,closer attention of hobby F i beekeepers than commercial beekeepers,more mild winters in z ........................................................... 3 sheltered urban settings,shorter honey bee hauling distances, RECENT MEDIA ATTENTION and/or greater varieties of plants. a Q Over the past decade,commercial beekeepers started Many municipalities across the country have taken a a a reporting significant losses in hives. While it is not known position on whether bees are allowed within municipal limits. zexactly what is killing honey bees,the term colony collapse Let's take a look at what some municipalities that allow honey a disorder has been used to explain the phenomenon that occurs bees in municipal limits use as conditions; note that each a a when the worker bees disappear,resulting in colony collapse.' municipality may use a bylaw,regulation or guideline—each There are a number of reasons presented in the media to of these tools has their own advantages and disadvantages but explain why honey bees are failing,including loss of habitat the content more so than administration and enforcement is or loss of flower diversity;parasites,pests,and pathogens; the focus of this article.The following concepts were taken long,harsh winters; and use of pesticides on crops.'However, from a sampling of different Canadian communities,including Burnaby,Vernon,Maple Ridge,North Vancouver,Vancouver, been summarized from the various municipalities noted New Westminster,Edmonton,and Saskatoon: previously,including: Restriction to certain zones within the municipality; Areas—specific zones;proximity to certain zones/areas Restricted on lots within a specified distance of multi- Number of hives—allowable density;dependent on family dwellings or public spaces;Different restrictions in size of lot various areas,such as residential,commercial/industrial, Lot-specific restrictions—location on the lot;setbacks; community gardens,and rooftops. height-orientation Restriction on the number of hives—generally dependent Lot-specific requirements—fencing;water source; sun on the lot size;Restriction on the location of hives— exposure;air flow generally limited to the rear yard. Beekeeper management responsibilities—good beekeeping Specified minimum distances from the lot lines to ensure practices;requeening as required adequate space from neighbouring properties;Mandatory Notifications—neighbouring property owners minimum height of the hives to ensure flight paths are at a Training requirements height that doesn't interfere with neighbouring properties; Registration—consideration of density provisions Mandatory orientation of the hives to ensure flight paths Educational/awareness efforts for the public—benefits; are not directly through neighbouring properties; mitigation measures Mandatory fence(could be a natural fence,such as a hedge) W at a specified distance from the hives to ensure bees are CONCLUSION >• flying up and away versus through neighbouring z properties;Mandatory fence or some other deterrent around Can the introduction of urban honey bees help combat the c x the hives to prevent disturbance by animals,as a rural bee population and contribute to critical crop pollination z disturbance may aggravate a hive and cause stings to the necessary for global food production?The simple answer is no. a animal and/or neighbouring properties,or the hives may Crops requiring pollination won't generally be served by urban ] attract animals such as skunks or bears to residential areas. honey bees. However,the educational opportunities presented 0 Beekeeper responsibility for aggressive bees to prevent by the introduction of urban honey bees may go a long way o swarming,as this ensures that bees are being taken care of in terms of awareness of insecticides and the effects on a and adverse impacts on neighbouring properties are commercial beekeeping.It will take the masses to exert political H avoided;Requirement for adequate sun exposure and pressure on governments and hold chemical companies z airflow for the health of the bees;Requirement for water accountable for the development of harmful products.■ A on-site so that the bees aren't travelling to neighbouring properties for pools or other features as a primary water HENNA MOUCK, MCIP, RPP,is from rural Manitoba and was part F supply; Mandatory notification t0 neighbouring properties of the family apiary growing up.She has an undergraduate degree w (not necessarily approval), ensuring that there is a dialogue in Environmental Design and a Master of Urban Planning from x H between neighbours and an awareness in case there are any McGill University.Jenna has worked in both the private and public z negative impacts that require further intervention;Training sectors across western Canada and specializes in infrastructure N w course requirement prior to establishing hives to ensure that development and public policy.Jenna can be reached at beekeepers are following the rules established by the lennamouck@hotmail.com. municipality and/or as a training opportunity to ensure 47 beekeepers are adequately caring for the new bee REFERENCES population; Registration requirement,either i.Illinois State University.(n.d.).The Honey Bee:Amazing Facts and Feats[Fact Sheet]. provincially or locally. Retrieved from http://wwwz.phy.itstu.edu/-wenning/HIBA/bkcourse/amazing.pdf `o z.Ibid. o • Community awareness program on the benefits of urban 3.British Columbia Ministry of Agriculture.(2013,February).Bee Behaviour During Foraging[Fact Sheet].Retrieved from http://www.agf.gov.bc.ca/apiculture/ a honey bees and how to minimize any adverse impacts that faccsheets/111_foraging.htm > may occur,such as attracting bees during the fall once 4.BBC-Future.(2014,May 4). what would happen if bees went extinct?[Article]. x f10weI5 are ri0 longer available. Retrieved from http://www.bbc.com/future/story/20140502-what-if-bees-went-extinct 5.Holland,Jennifer S."The Plight of the Honeybee."National Geographic News.(2013, a The only times urban honey bees seem to be making May lo).Retrieved from http://news.nationalgeographic.com/news/2013/13/130510- F honeybee-bee-science-european-union-pesticides-colony-collapse-epa-science/ z the news 1S with pOS1t1Ve news StOIleS,such as educational 6.Arnold,Carrie."Obama Unveils Plan to Reverse Alarming Decline of Honeybees." 3 opportunities in communities or hotels/restaurants keeping National Geographic.(2015,May 19).Retrieved from http://news.nationalgeographic. — com/zo15/o5/15o5r9-pollinators-health-honeybees-obama-animals-science/ ¢ a few hives for an on-site honey supply,or challenges to 7.Holland(2013) a municipal regulations or bylaws with residents advocating 8.United States Department of Agriculture-Agricultural Research Service.(2015, z August 26).Honey Bee Health and Colony Collapse Disorder[News Article].Retrieved for permitting bees in urban settings,which was recently P g g y from http://www.ars.usda.gov/News/docs.htm?docid=15572. z the case in a number of municipalities,such as the cities of 9 Health Canada.(2014,November 25).Update on Neonicotinoid and Pesticides and a Bee Health[Report].Retrieved from http://www.hc-sc.gc.ca/cps-spc/alt_formats/pdf/ a Winnipeg and Revelstoke,as examples.The benefits appear to pubs/pest/_fact-fiche/neonicotinoid/neonicotinoid-eng.pdf far outweigh the risks that honey bees pose in urban Settings,if 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/ managed correctly. technology/bee-crisis-are-mites-or-neonics-the-real-culprit-I.3116368 If a municipality is considering allowing bees for the 11.Wilson-Rich,Noah."Every city needs health honey bees"[Transcript].TED Talk. Retrieved from http://www.ted.com/talks/noah_wi lson_rich_every_city_needs_ first time,there are a few key items to consider,which have healthy_honey_bees/transcript?language=en