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Home My WebLink AboutORD 1304ORDINANCE NO. 1304 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25 TO ALLOW BEEKEEPING IN SINGLE-FAMILY RESIDENTIAL ZONES WITH CERTAIN REGULATIONS CASE NO: ZOA 16-40 WHEREAS, honey bees, by pollination, are responsible for 15 to 30 percent of the food eaten by U.S. consumers. WHEREAS, honey bees have been in decline across the United States for several years. WHEREAS, in June 2014, President Obama issued a memorandum establishing a Pollinator Health Task Force, co-chaired by the Secretary of Agriculture and the Administrator of Environmental Protection Agency. WHEREAS, in 2015, the Pollinator Health Task Force adopted a National Strategy to Promote the Health of Honey Bees and other Pollinators. WHEREAS, in 2015, the Pollinator Health Task Force adopted a National Strategy to Promote the Health of Honey Bees and other Pollinators. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project is not considered a project for CEQA purposes; and WHEREAS, at said public hearing, said City Council heard and considered all testimony and arguments of all interested persons; and NOW, THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA THAT THE FOLLOWING SECTION OF THE PALM DESERT MUNICIPAL CODE IS HERBY AMENDED: SECTION 1: The Palm Desert Municipal Code Section 25 is herby described in Exhibit A, attached. SECTION 2: That the City Clerk of the City of Palm Desert, California, is herby directed to publish a notice of this ordinance with the Exhibit A provided at City Hall in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 1304 PASSED, APPROVED, AND ADOPTED by the Cit� Council of the City of Palm ,+ Desert, California, at its regular meeting held on the 14' day of April, 2016, by the following vote, to wit: ... AYES: HARNIK, JONATHAN, TANNER, and WEBER NOES: SPIEGEL ABSENT: NONE ABSTAIN: NONE ATTEST: R ELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA oft 2 ORDINANCE NO. 1304 EHIBIT A 25.10.030 - Allowed Land Uses and Permit Requirements Table 25.10-1: Use Matrix for Residential Districts Residential Zoning District (P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use Permit; C=Conditional Use Permit; N=Not Permitted) Special Use Provisions RE R-1 R-2 R-3 R-1 M HPR PR Agriculture -Related Uses Apiary I P P P N N P I P 125.34.170 25.34 Special Use Provisions 25.34.170 — Beekeeping A. Purpose and Intent: 1. The purpose and intent of beekeeping is to provide for the safe and orderly keeping of bees in the City of Palm Desert to promote urban beekeeping that is supported by the Pollinator Health Task Force that was created by 2014 Presidential order to address the decline of honey bees and other pollinators. 2. The purpose and intent of these regulations create certain minimum standards that allow beekeeping in residential zones in an attempt to mitigate the decline of honey bees in a manner that will protect the public health, safety, and welfare of the residents of the City of Palm Desert. B. Applicability. Beekeeping is allowed in all residential zoning districts, subject to compliance with the standards of this section and other relevant requirements of this title. C. General Requirements: 1. Beekeeping use shall be limited to Apis mellifera (European/western common honey bees) and must be an ancillary use to a single-family dwelling. 2. Every person that is the owner or is in possession of an apiary shall comply with the California State requirements for registration of each apiary owned or operated in the City of Palm Desert. 3. Beekeeping shall be operated and maintained in accordance with recognized best management practices that provide safe and healthy living conditions for the bees while actively conducting of the colony(ies) and avoiding nuisance impacts 3 ORDINANCE NO. 1304 on surrounding properties and persons (i.e. managing and controlling colony(ies) .r to reduce occurrence of swarms) and protecting the public health, safety and welfare. Beekeeping training and membership is encouraged to promote was recognized best management practices. 4. A beekeeper shall maintain adequate records and best management practices and proof of re -queening every two years. These records may be required by the Director in response to a nuisance complaint as defined by this Section. 5. The maximum number of permanent beehive colonies that may be kept per single-family dwelling unit shall be limited to two (2) colonies on lots that are 20,000 square feet and less in area, and four (4) colonies on lots greater than 20,000 square feet. Additional bee hive colonies are allowed on a temporary basis to address swarming or any other issues related to proper beekeeping management. 6. All bee hive colonies shall be kept in inspectable hives consisting of moveable frames and combs. 7. Beehive colony(ies) must be kept in good and usable condition at all times. 8. Beehive colony(ies) shall be promptly and properly removed if the beekeeper discontinues the beekeeping use on the property. one D. Hive Placement Requirements. 1. Beehive colony(ies) shall be located within a private residential yard area that is generally behind the residential unit. 2. A barrier of at least six feet (6') in height consisting of a solid fence, wall and/or dense vegetation shall be installed and maintained between the beehive colony(ies) and all abutting properties. Fencing and walls shall comply with the Fences and Walls regulations of Section 25.40.080. Hillside homes may be exempt from fencing requirements. 3. Beehive colony(ies) shall be located at least five (5) feet from all property lines. 4. In order to ensure the appropriate height of the honey bee flight path, beehive colony(ies) entrances shall face away from or parallel to the nearest property line(s). E. Hive Management Requirements. 1. Beehive colony(ies) shall be continually managed to provide adequate living one space for their resident bees to prevent swarming. 4 ORDINANCE NO. 1304 G. Penalties for Violations. 1. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars ($250), or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a period not exceeding six (6) months or by both such fine and imprisonment. 2. Any person who violates any provision of this Section shall be subject to administrative fines and administrative penalties which shall be punishable by a fine not exceeding two hundred fifty dollars ($250) for the first offense, a fine not exceeding five hundred dollars ($500) for the second offense, a fine not exceeding one thousand dollars ($1,000) for the third offense, a fine of two hundred fifty dollars ($250) per day, per violation for failure to comply with third citation pursuant to Chapter 8.81 of this Code. 3. The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law. 25.99 Definitions "Bee" means any stage of the common domestic honey bee, Apis Mellifera species. "Beehive" means any structure being used to house a colony of honey bees. "Beekeeper" means a person who owns or has charge of one (1) or more bees. "Movable -frame Hive" Any hive design that allows the beekeeper to readily remove the combs from the hive during hive inspections, in order to monitor and manage conditions within the colony. "Re -queen" means to replace the queen bee in a colony with a younger and more productive queen, a common practice in beekeeping to prevent bee swarming. "Swarming" The natural method of honeybee colonies to reproduce, resulting in the departure of part of the bee population with a queen to create a new honey bee colony. 0 ORDINANCE NO. 1304 2. Beehive colony(ies) shall be re -queened at least once every two (2) years to prevent swarming. 3. A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. 4. Beehive colony(ies) maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee -proof enclosure. Figure 25.34-1 Hive Standards EXAMPLE: 16,000 SQUARE FOOT LOT LOT LINE 17i� SEE HIVES WALL, FENCE OR HEDGE SINGLE FAMILY DWELLING PUBLIC RIGHT-OF-WAY%PRIVATE STREET ALLOWED AREA WATER SOURCE 1. Lots than 20,000 are allowed 2 hives max. Lots larger 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 Side Lot Lines 3. 6 ft. wall, fence, or hedge between hives and the nearest Lot Line 4. water source provided at all times F. Nuisance. Bees or hives shall be considered a public nuisance when any of the following occurs: 1. Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties. 2. Colonies of bees swarm. 3. Bees or hives do not conform to this Code. 4. Hives become abandoned by the bee colony or the beekeeper. 5