CC Ordinance No. 16-2158 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, LocationORDINANCE NO. 16-2158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
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 TO TABLE 19.20.020
FOR CLARIFICATION AND INTERNAL CONSISTENCY
WHEREAS, the Cupertino Municipal Code Chapter 8.07, Beekeeping, renders it
difficult to maintain apiaries within the City and is in conflict with the increased
interest of members of the public; and
WHEREAS, the Cupertino Municipal Code Table 19.20.020, Permitted,
Conditional, and Excluded Uses in Agricultural and Residential Zones, is
amended to make conforming changes and to clarify the intent of beekeeping as
an accessory use in all zoning districts and to eliminate the possible
misconception that apiaries in general are excluded uses in residential zones; and
WHEREAS, the City has analyzed this proposed zoning amendment and
determined that it is not a project within the meaning of section 15378 of the
California Environmental Quality Act ("CEQA") Guidelines because it has no
potential for resulting in physical change in the environment, either directly or
ultimately; and
WHEREAS, in the event that this proposed amendment is found to be a project
under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines
section 15061(b)(3) because it can be seen with certainty to have no possibility of
a significant effect on the environment; and
WHEREAS, in the event that this proposed amendment is found to be a project
under CEQA, it is determined to be categorically exempt under section 15301
(Existing Facilities), section 15302 (Replacement or Reconstruction), section 15303
(Construction or Conversion of Small Structures), and section 15308 (Actions by
Regulatory Agencies for Protection of the Environment) because it can be seen
with certainty to have no possibility of a significant effect on the environment;
and
WHEREAS, the Planning Commission has reviewed the amendments to the
Municipal Code at a duly noticed public hearing held on October 25, 2016 where
Ordinance No. 16-2158
Page 2
the public had an opportunity to comment at which the Commission adopted
Planning Commission Resolution No. 6819 by a 5-0 vote recommending that the
City Council adopt the proposed amendments with minor amendments;
WHEREAS, a duly noticed public hearing was held on November 15, 2016 at
which the public had an opportunity to speak on this matte-r; and
WHEREAS, the City Council before taking action on this Ordinance has
reviewed the exemptions, and using its independent judgment, determines the
Ordinance to be exempt from CEQA as stated above; and
WHEREAS, the City Council is the decision-making body for this Ordinance;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.07 of Title 8 of the Cupertino Municipal Code
entitled "Beekeeping" is hereby amended to be entitled, numbered, and to
read as follows:
Section
8.07.010
8.07.020
8.07.030
8.07.040
8.07.050
Purpose.
Definitions.
Chapter 8.07
BEEKEEPING
Location, Number, Maintenance and Registration of Apiaries.
Nuisance.
Enforcement.
8.07.010 Purpose.
This chapter is enacted to provide for beekeeping, including urban
beekeeping, activities within the City while minimizing impacts to surrounding
properties through the establishment of beekeeping regulations.
8.07.020 Definitions.
For the purposes of this chapter, the following definitions apply, unless it is
apparent from the context that a different meaning is intended:
"Apiary" means a collection of bees, hives, and any accessory appliances.
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A. "Agricultural Apiary" means an apiary kept as a principal use on any
property;
B. "Urban Apiary" means an apiary kept as an accessory use pursuant to
Section 19.100.020, Accessory Uses and Facilities.
"Bees" means any stage of the common domestic honey-producing insects of
the species apis mellifera.
"Hive" means any receptacle, container or structure used to house bees.
"Location" means any premises upon which an apiary is located.
8.07.030
Apiaries.
Location, Number, Maintenance and Registration of
Any person may keep and maintain apiaries in accordance to the following
regulations:
A. Location:
1. Agricultural apiaries as permitted in Chapter 19.20;
2. Urban apiaries in all zoning districts;
3 . Minimum setbacks:
1. Front property line and/or any public or private street: 20 feet;
and
11. Side or rear property lines and/or driveway easements: Eight (8)
feet, unless property owners of adjacent properties or
beneficiaries of driveway easements have given written
permission to locate hives at a closer distance.
B. Number: Only two hives may be kept or maintained on parcels less
than 5,000 square feet in size.
C. Maintenance:
1 . A constant supply of fresh water adequate in quantity for the
apiary should be provided and maintained on the location.
2. Any apiaries abandoned by beekeepers or disused apiaries shall
be promptly dismantled and removed from the location.
D. Registration: All apiaries must be registered with the Santa Clara
County Agricultural Commissioner as required by Division 13: Bee
Management and Honey Production of the California Food and
Agricultural Code commencing at Section 29000, and or as thereafter
may be amended.
8.07.040 Nuisance.
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The maintenance or use of any real property in violation of this Chapter, or
which creates a condition as defined in Section 1.09.030, is hereby declared a
public nuisance, is prohibited and is subject to code enforcement and all other
enforcement remedies as provided for in this Code.
8.07.050 Enforcement.
Any person who violates any provision of this chapter shall be subject to
administrative fines and/or penalties pursuant to Chapter 1.10. In addition, any
person who violates any of the provisions of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as provided
in Chapter 1.12.
SECTION 2. Sub-Sections l(h), (i), (j) and (9) of Table 19.20.020 of Section
19.20.020 of Chapter 19.20 of Title 19 of the Cupertino Municipal Code
entitled "Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones" is hereby amended as follows:
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones
USES ZONING DISTRICTS
A A-1 R-1 RHS RlC R-2 R-3
1. Agriculture, horticulture,
viticulture and forestry,
including the following and p p -----
similar uses:
(no change to subsections 19.20.020 (1) (a)-(g)
h. Poultry raising and p CUP-See #27 hatcheries, PC
1. Apiaries, pursuant to p p See #9 Chapter 8.07,
J · Nurseries, greenhouses p CUP-See #20 and landscaping gardens PC
(no change to subsections 19.20.020 (1) (k) -19.20.020 (8)
9. Accessory facilities and p p p
uses incidental to permitted
p p p p
Ordinance No. 16-2158
Pages
uses and otherwise conforming
with the provisions of Chapter
19 .100 of this title;
SECTION 3. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of
competent jurisdiction to be unlawful, unenforceable or otherwise void,
that determination shall have no effect on any other provision of this
Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 4. Effective Date. This Ordinance shall take effect thirty days
after adoption as provided by Government Code Section 36937.
SECTION 5. CertWcation . The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as
required by law. Pursuant to Government Code Section 36933, a
summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the
15th day of November, 2016 and ENACTED at a regular meeting of the
Cupertino City Council on this 6th day of December, 2016 by the following vote:
Vote Members of the City Council
A YES: Chang, Vaidhyanathan, Paul, Sinks, Wong
NOES: None
ABSENT : None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 16-2158, which was
enacted on December 6, 2016, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 7th day of December, 2016.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California