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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