HomeMy WebLinkAbout75C - PH AMND MUNI CODE SEC 5-1 AND 5-7REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 7, 2017
TITLE:
PUBLIC HEARING - AMEND SANTA ANA
MUNICIPAL CODE SECTIONS 5-1
(DEFINITIONS) AND 5-7 (BEES PROHIBITED)
TO ALLOW RESIDENTIAL BEEKEEPING
(STRATEGIC PLAN NO. 5, 2)
1 +
C MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Santa Ana Municipal Code (SAMC) Sections 5-1 (Definitions) and
5-7 (Bees Prohibited) to allow residential beekeeping.
DISCUSSION
In 1979, the City Council adopted Ordinance No. NS -1466 prohibiting the keeping of any hive or
swarm of honey bees or any other kind of wasp or bee within City limits, with the exception of
apiaries located in the city's General Agricultural (A-1) zoning district with an approved
conditional use permit (CUP). Beekeeping is currently not allowed in any other zoning district.
With a growing interest by the Santa Ana community in supporting the decreasing bee population
and in the by-products of beekeeping, the Planning and Building Agency was directed by the City
Council to research and develop code language to allow beekeeping on residential properties,
similarly to those adopted by the cities of Los Angeles, New York, Seattle, Portland and San
Francisco.
The Changing Context in Urban Beekeeping
Bees have been declining in great numbers for decades and are threatened with Colony Collapse
Disorder (CCD). There are a number of factors contributing to this decline, including changing
weather patterns, loss of forage, bee pests and the use of pesticides. Bees play a crucial role in
our ecosystem and economy as they pollinate more than 1/3 of the world's crops. Indirectly,
bees are also responsible for products like alfalfa pollination that produce alfalfa seeds, which
assist in the production of meat and dairy products. By having bees within city boundaries, plants
of all types will benefit and garden crops will have much higher yields. Allowing for small-scale
beekeeping in urban areas is also thought to be a potential means to mitigate the effects of CCD.
In light of these benefits, many communities have begun to explore drafting new or modifying
existing land use ordinances and/or policies pertaining to beekeeping in urban areas.
75C-1
Ordinance Amending Santa Ana Municipal Code Sections 5-1 and 5-7
November 7, 2017
Page 2
Research and Community Input
Staff researched residential beekeeping regulations and guidelines in other cities in California
and other states. A summary of this research is attached for reference (Exhibit A). In addition,
staff consulted with the Orange County Agricultural Commissioner, the city's Animal Control
Division and local biologist specializing in bee research to discuss proposed regulations and
addressed safety concerns. Research indicates that beekeeping is a use that is compatible with
other urban uses, as domestic bees are typically docile and nonaggressive, and become
defensive only when their hives are directly threatened.
Furthermore, on August 10, 2017, staff hosted a community meeting and introduced the public to
the concepts being explored by staff, as well as to receive public comments on the preliminary
beekeeping regulations. In addition, staff created a survey that was posted on social media and
the city's webpage and was sent via email using the city's email blast platform. A total of 143
surveys were completed by individuals. Community feedback received during the community
meeting and via the online survey was used to draft the proposed beekeeping regulations.
Proposed Ordinance
The proposed ordinance (Exhibit B) will allow beekeeping on single-family residential properties,
subject to the regulations noted on Table 1.
Table 1: Beekeeping Reaulations
[$uki ectI I I
[Standard
General Requirements
No more than two (2) hives may be maintained on a single-family residential
property with 6,000 square feet or less. On lots larger than 6,000 square feet,
the number of hives is limited to one (1) hive for every 3,000 square feet of lot
area.
All bee colonies shall be kept in hives consisting of moveable frames which
shall be kept in sound and usable condition.
Hive Placement Requirements
Hives shall be located within the rear yard of a single-family residential property.
A rear yard is a yard extending across the full width of the lot between the most
rear main building and the rear lot line. The depth of the required rear yard
shall be measured from the nearest point of the rear lot line toward the nearest
main wall of the building.
Hives shall be located a minimum of 20 feet from public rights-of-way or private
streets.
Hives shall be located a minimum of five (5) feet from interior lots lines;
provided, however, that this requirement may be waived in writing subject to the
approval of the adjoining property owner(s).
Hives must either be screened so that bees must fly over a six-foot barrier,
which may be vegetative, before leaving the property, or be placed eight feet
above the adjacent ground floor.
Hives must face away from nearest lot lines.
Hive Management Requirements
Colonies must be maintained so as to not interfere with the quiet enjoyment of
surrounding properties.
A water source for bees shall be provided at all times on the property where the
75C-2
Ordinance Amending
November 7, 2017
Page 3
Santa Ana Municipal Code Sections 5-1 and 5-7
[Susi _,
[Standard
bees are kept to discourage bee visitation at swimming pools, hose bibs and
other water sources on adjacent public or private property
Hive maintenance materials or equipment must be stored in a sealed container
or laced within a building or other bee -proof enclosure.
Nuisance
Bees or hives shall be considered a public nuisance when any of the following
occurs:
(a) Colonies of bees that exhibit defensive or objectionable behavior, or
interfere with the normal use of neighboring properties.
(b) Colonies of bee swarm
(c) Hives that are abandoned by resident bees or by the owner.
d Bees or hives not in conformance with this Section.
Penalties for Violations
Any person violating this Section shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punishable as follows: By a fine of not less
than fifty dollars ($50.00) but not to exceed the maximum punishment for
misdemeanors, except that upon a second conviction within one (1) year of a
prior conviction for violation of said subsections, punishment shall be a fine of
not less than seventy-five dollars ($75.00) but not to exceed the maximum
punishment for misdemeanors, and a third conviction within one (1) year of two
(2) prior convictions shall be punishable by a fine of not less than one hundred
fifty dollars ($150.00) but not to exceed the maximum punishment for
misdemeanors.
STRATEGIC PLAN ALIGNMENT
Approval of this ordinance supports the City's effort to meet Goal #5 - Community Health,
Livability, Engagement & Sustainability, Object No. 2 (Expand opportunities for conservation and
environmental sustainability).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Candida Neal, AICP
Acting Executive Director
Planning & Building Agency
JG:rb
S:RFCA111-07-17TBeekeeping0rdinanw.cc
Exhibit: A. Summary of Beekeeping Regulations in other Cities
B. Diagram of Proposed Regulations
C. Ordinance
75C-3
75C-4
EXHIBIT A
SI IMMARY OF BEEKEEPING REGULATIONS IN OTHER CITIES
75C-5
Distance
City
Number of Hives
Barriers
Hive Position
ROW Lot Lines
Buildin s
6'tall barrier
Face away from or
5' from all property
unless hive is
parallel to nearest
Santa Monica
2hives per lot
--- lines
located 8'
property lines
above rade
T1r. r 1- o -'w r
Faces most distant
outside all
outside all
property line, away
setbacks or 15'
setbacks or
- --from
entrances and
20' from ROW from all property
6'tall harrier
walkways on
lines
unless hive is
premises to the
-Ip 6r o ax ices)
-
San Diego
Per Distance
located 8'
extent possible
600" from
above grade
while ensuring
100'from
residential
entrance faces most
ROW
buildings not
distant property line
on same lot
6'tall wall,
Not allowed in
fence or hedge
l hive per 2,500 SF of
20,
front yard and S'
---
unless hive is
Face away from
Los Angeles
lot area
from all other
located 8'
nearest lot line
property lines
above ground
15' from any
public building
6'tall barrier
Face awayfrom or
if
1Y from all
and any
extending 10'
parallel to nearest
Redondo Beach
a; no ore0SF
of lot area; no more
lot area;
15'
property lines
residential
beyondthe
roe lines
property
than 2colonies per lot
building not on
hives
the same lot
Face away from
Not allowed
doors and/or
Boston
2hives per lot
10'
within front or
---
Optional
windows if barrier is
side street yard
not present
25from any
property line,
No more than 4 hives
unless 8feet
Seattle
on lots less than
---
above grade of
---
Optional
---
10,000SF
adjacent lot or
seperated by 6'
high barrier
San Francisco
Must abide bythe City's nuisance regulations
Only allowed to be kept for education or research for study or observation, or within a physician's laboratory or
Irvine
office for medical research
75C-5
100'
EXHIBIT B
DIAGRAM OF PROPOSED REGULATIONS
Example: 6.000 Square Foot Lot
60'
Sidewalk
Parkway
Street
=Allowed Hive Area ® 6 ft. Fly Barrier ® Water Source
75C-6
LS 11.7.17
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SANTA ANA
MUNICIPAL CODE SECTIONS 5-1 (DEFINITIONS)
AND 5-7 (BEES PROHIBITED) TO ALLOW
RESIDENTIAL BACKYARD BEEKEEPING
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The proposed amendments to Section 5-1 and 5-7 of .the Santa Ana
Municipal Code (SAMC) would allow backyard beekeeping on properties
developed with a single-family residence.
B. Bees have been declining in great numbers for decades and threatened with
Colony Collapse Disorder (CCD).
C. Honeybees benefit mankind by providing agriculture, fruit, and garden
pollination services and by furnishing honey, wax, and other useful products.
D. Bees, via pollination, are responsible for 15 to 30 percent of the food eaten by
U.S. consumers.
E. Domestic strains of honey bees can be maintained within populated areas in
reasonable densities without causing a nuisance if the bees are properly
located and carefully managed.
F. The City Council, prior to taking action on this ordinance held a duly noticed
public hearing on November 7, 2017.
G. The City Council herby finds that the proposed ordinance amendment to
regulate backyard beekeeping shall protect the public health, safety and
welfare of the City residents, and is consistent with the Santa Ana General
Plan.
Section 2. The proposed ordinance has been reviewed with respect to
applicability of the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon
adoption of this ordinance.
Exhibit C
75C-7
Ordinance No. NS-xx
Page 1 of 7
Section 3. Section 5-1 (Definitions) of the SAMC is hereby amended to read
as follows:
Sec. 5-1. — Definitions
Unless the particular provisions or the context otherwise requires the definitions and
provisions contained in this section shall govern the construction meaning and
application of words and phrases used in this chapter.
(a) Animal Includes, but not limited to, birds, cats, dogs, fishes, fowl, rabbits, reptiles
and nonhuman mammals.
(b) Apiary means the Place where bees are kept and maintained usually in a collection
of hives or colonies.
(c) Bee means any stage of the common domestic honey bee Apis Mellifera
(d) Bird includes, but is not limited to, budgies, canaries, cardinals, cockatiels,
cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots,
pigeons, sparrows, toucans and weavers.
(e) Commercial kennels means any lot, building, structure, or premises where more
than three (3) dogs over the age of four (4) months are kept or maintained for any
purpose, including but not limited to boarding, training, or breeding, exclusive of
dental, medical, or surgical care, or for quarantine purposes.
(f) Domesticated animal means any dog, housecat (fells catus), livestock, rabbit, poultry
or bird.
(g) Dog includes any male, female, or neuter domesticated member of the species canis
familiaris, but excludes other members of the family canidae.
(h) Estray means any animal found running at large upon any land within the city.
(i) Fowl means any larger domestic bird generally used for food and includes, but is not
limited to, the chicken, duck, goose and turkey.
(j) Hive means a structure for the housing of a bee colony.
(k) Livestock means animals kept for use on a farm and includes, but is not limited to,
any swine, sheep, goat, horse, cattle, equine or bovine animal.
Ordinance No. NS-xx
Page 2 of 7
75C-8
(1) Owner means any person having title to any animal, or a person who has, harbors,
or keeps, or who causes or permits to be harbored or kept, an animal in his care, or
who permits an animal to remain on or about his premises for thirty (30) consecutive
days.
(m) Premises means a parcel of land.
(n) Quarantine means the isolation of any animal within a substantial enclosure to avoid
its contact with other animals or unauthorized persons.
(o) Running at large means free of restraint beyond the boundaries of the premises of
the owner or custodian.
(p) Vaccination means a protective inoculation against rabies with an anti rabies vaccine
recognized and approved by the Orange County Health Department.
(q) Vicious animal means any animal which has bitten or broken the skin of, or in any
manner attacked or attempted to attack any person or any animal within the City of
Santa Ana.
(r) Wild animal means any animal which is either:
(1) Not a domesticated animal, or
(2) A vicious animal over which the owner has evidenced a failure to maintain
control.
(s) Exotic animal means nonhuman primates and prosimians (such as chimpanzees,
monkeys) felids, except domesticated cats; ursids (bears); elephants; crocodilians
(such as alligators and crocodiles); ungulates (such as hippopotamus, rhinoceros,
giraffes, zebra); and camels. These terms shall apply whether the animal is bred in
the wild or captivity. It is not the intent of this definition to include domesticated
species such as horses, cows, sheep, or llamas among the animals listed above.
(t) Barking dog means a dog that barks, bays, cries, howls, or makes any noise for an
extended period of time to the disturbance of any person at any time of day or night,
regardless of whether the dog is physically situated in or upon private property. Such
extended period of time shall consist of incessant barking for thirty (30) minutes or
more in any 24-hour period, or intermittent barking for sixty (60) minutes or more
during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes
of this Chapter if, at any time the dog is barking, a person is trespassing or
Ordinance No. NS-xx
Page 3 of 7
75C-9
threatening to trespass upon private property in or upon which the dog is situated, or
when a dog is teased or provoked.
(u) Responsible person as defined in section 1-21.1(a)(1)-(5) of this Code.
(v) Enforcement officer as defined in section 1-21.1(b) of this Code.
Section 4. Section 5-7 (Bees Prohibited) of the SAMC is hereby amended to
read as follows:
Sec. 5-7. - Rees prohibited. Backyard Beekeeoin
The purpose of this section is to authorize backyard beekeeping subiect to certain
requirements intended to avoid problems that may otherwise be associated with
beekeeping in populated areas The keeping of wasps hornets Africanized bees (Apis
mellifera scutellata), and any other noxious insects is prohibited
Beekeeping is allowed in the General Agricultural (A-1) zoning district subiect to the
conditions set forth in Section 41-201.5 (k) and on properties developed with a single-
family residence subject to the conditions set forth herein.
(a) General Requirements:
(1) No more than two (2) hives may be maintained on a single-family residential
Property with 6.000 square feet or less On lots larger than 6,000 square feet
the number of hives is limited to one (1) hive for every 3,000 square feet of lot
area, with a maximum of five (5) hives whichever is less
(2) All bee colonies shall be kept in hives consisting of moveable frames which
shall be kept and maintained in sound and usable condition
(b) Hive Placement Requirements:
(1) Hives shall be located within the rear yard of a single-family residential lot A
rear yard is a yard extending across the full width of the lot between the most
rear main building and the rear lot line The depth of the required rear yard
shall be measured from the nearest point of the rear lot line toward the
nearest main wall of the building
Ordinance No. NS-xx
Page 4 of 7
75C-10
(2) Hives shall be located a minimum of twenty (20) feet from public rights-of-way
or private streets.
(3) Hives shall be located a minimum of five (5) feet from interior lots lines;
provided however, that this requirement may be waived in writing subject to
the approval of the adjoining property owner(s).
(4) Hives must either be screened so that bees must fly over a six (6) foot barrier,
which may be vegetative before leaving the property, or be placed eight (8)
feet above the adjacent around floor.
(5) Hives must face away from nearest lot lines.
(c) Hive Management Requirements:
(1) Colonies must be maintained so as to not interfere with the quiet enjovment of
surrounding properties.
(2) A water source for the 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.
(3) Hive maintenance materials or equipment must be stored in a sealed
container or placed within a building or other bee -proof enclosure.
(d) Nuisance:
Bees or hives shall be considered a public nuisance when any of the following
occurs:
(1) Colonies of bees that exhibit defensive or objectionable behavior, or interfere
with the normal use of neighboring properties;
(2) Colonies of bees swarm;
(3) Hives that are abandoned by resident bees or by the owner;
(4) Bees or hives are not kept and/or maintained in conformance with this
Section.
(e) Penalties for Violations:
Violation of this section shall be subject to all remedies and enforcement measures
authorized by this Code. At the discretion of the issuing enforcement officer, violations
may be cited as a misdemeanor or infraction. As an alternative enforcement method,
Ordinance No. NS-xx
Page 5 of 7
75C-11
violations of this section may be addressed through the use of an administrative citation
as set forth in sections 1-21.1 through 1-21.9 of this Code.
Section 5. If any section, subsection, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or portions be declared invalid or
unconstitutional.
Section 6. The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted as required by law.
ADOPTED this day of November, 2017
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:�c—
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
75C-12
Ordinance No. NS-xx
Page 6 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2017, and that said ordinance was published
in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-xx
Page 7 of 7
75C-13
75C-14