Exhibit CC 11-15-2016 Item No. 22 MCA-2016-03 HearingCUPERTINO MUNICIPAL
CODE AMENDMENT
(MCA-2016-03)
CURRENT
CODE 1,000 feet
nearest residence, church, school, public building,
corral or water area in the corral unless the owner
or persons in possession thereof has given written
permission
300 feet
from any public road
OTHER
CITIES 5 feet
From property lines
20 feet
From streets
Mountain View
Los Altos
Redwood City
Palo Alto
Santa Clara
Lafayette
San Francisco
San Rafael
Los Angeles
Santa Monica
Madison
Boston
WHY
BEES?
PROPOSED
CODE Definitions
•Maintained definition regarding bee species (Apis mellifera)
•Consolidated & reworded definitions for clarity
•Added definitions to classify apiaries as principal and
accessory use
•Clarification of Uses:
•Permitted use for A and A-1 zones
•Accessory use in all other zones
Location
•20’ from front property line and public or private streets
•10’ from side and rear property lines and driveway
easements
Number
•Lots less than 5,000 sq. ft. limited to two hives
CH. 8.07
o Definitions
o Location
o Number
o Maintenance
o Registration
o Nuisance &
Enforcement
PROPOSED
CODE Maintenance
•Elaborated on water provision (“constant supply of fresh
water”)
•Dismantle apiaries abandoned and/or unused by owner
Registration
•Annual registration of apiaries to Santa Clara County
Agricultural Commissioner (State-mandated)
Nuisance & Enforcement
•Simplified content of two existing sections
•Made cross-reference to existing chapters (refers to
Nuisance and Administrative Citations, Fines, and
Penalties chapters)
CH. 8.07
o Definitions
o Location
o Number
o Maintenance
o Registration
o Nuisance &
Enforcement
PROPOSED
CODE
TABLE
19.20.020
o Chapter
reference
o Subsection
reference
o Consistent
language
with Chapter
19.100
PUBLIC
COMMENTS
AND
PLANNING
COMMISSION
REVISIONS
Section 8.070.030 (A) (3) –
Comment: Change setback regulation to be from hive not
from apiary
•The Commission did not add language to the setback
regulations.
Section 8.070.030 (C) (1) –
Comment: Strike language regarding abandoned apiaries
since bees may naturally abandon apiaries
•The Commission added language to clarify that apiaries
abandoned by beekeepers shall be dismantled to distinguish
abandonment type.
Section 8.07.040 –
Comment: Strike specific examples of bee-related
nuisances since they may be natural phenomenon and not
nuisance worthy
•The Commission removed suggested language to simplify
content.
Find that the proposed action is exempt from CEQA; and
Conduct the first reading of the draft ordinance 16-2158: “An
Ordinance to amend Chapter 8.07, Beekeeping, and Table
19.20.020 of Chapter 19.20 Permitted, Conditional and Excluded
Uses in Agricultural and Residential Zones, regarding the
regulation, location, and the keeping of bees in the City and to
make other conforming changes in Table 19.20.020 for
consistency”
RECOMMENDATION