HomeMy WebLinkAbout11C - 2ND READ ORD BACKYARD BEEKEEPINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2017
TITLE:
ORDINANCE SECOND READING: ADOPT
AN ORDINANCE AMENDING SANTA ANA
MUNICIPAL CODE SECTIONS 5-1 AND 5-7
TO ALLOW RESIDENTIAL BACKYARD
BEEKEEPING
(STRATEGIC PLAN NO. 5, 1)
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�`'JTY MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 181 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On November 7, 2017, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6-0 (Pulido absent):
ORDINANCE NO. NS -2932 — 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
In summary, this ordinance would allow for residential single-family backyard beekeeping subject
to regulations.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar
Clerk of the Council
EXHIBIT: Ordinance No. NS -2932
11C-1
11C-2
LS 11.21.17
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.
Ordinance No. NS-xx
11C-3 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 (felis 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.
Q) 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
11C-4 Page 2 of 7
(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
11C-5 Page 3 of 7
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. - Backyard Beekeeping.
The purpose of this section is to authorize backyard beekeeping subject 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 subject 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.
(2) Hives shall be located a minimum of twenty (20) feet from public rights-of-way
or private streets.
Ordinance No. NS-xx
11C-6 Page 4 of 7
(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 ground 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 enjoyment 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,
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.
Ordinance No. NS-xx
11C-7 Page 5 of 7
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 .&---
Lisa Storck
Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
Ordinance No. NS-xx
11C-8 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
11C-9 Page 7 of 7