Reso 6819CITY OF C P ER' INO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 68 .9
OF THE PLANNING COMMISSION OF THE CITY OF C P E]L2TINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE E AN ORDINANCE TO
AMEND CHAPTER 8007, BEEKEEPING, AND TABLE 190200020 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 190200020 FOR CONSISTENCY.
SECTION fo PROTECT ECT D ESCRIPTION
Application No: MCA -2016-03
Applicant: City of Cupertino
Location: Citywide
WHEREAS, the Cupertino Municipal Code Chapter 8007, Beekeeping, g, 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, pursuant to Government Code sections 65859 and 65855, the Planning
Commission has the authority to review and make recommendations to the City Council
regarding amendments to the City's zoning ordinances; and
WHEREAS, the City provided all necessary legal notices to hold a public hearing at which
the amendment to the City`s zoning ordinances would be considered; and
WHEREAS, on October 25, 2016, the ]Manning Commission held a noticed public hearing
at which interested persons had an opportunity to testify in support of, or in opposition
to, the proposed amendment to the Citys zoning ordinance and at which time the
Planning Commission considered the proposed amendment to the City's zoning
ordinance; 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, attached as Exhibit A is the proposed Ordinance; and,
NOW, THEREFORE, the Planning Commission approves this Resolution recommending
that the City Council adopt the proposed Ordinance which is attached hereto and
incorporated herein by reference as Exhibit A.
PASSED AND ADOPTED this 25th day of October 2016, at a Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Lee, Sun, Paulsen
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Benjamin Fu
Assist. Community Development Director
APPROVED:
Alan Takahashi
Chair, Planning Commission
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V w s� I �3) � . 0 i
DRAFT ORDINANCE NO. 16=XXXX
WHEREAS, the Cupertino Municipal Code Chapter 8007, ]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 Fable 190200020, 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 ("C EQA") 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
C EQA, it is subject to the C EQA exemption contained in C EQA Guidelines section
15061(b)(3) because it can be seenwith 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
C EQA, it is determined to be categorically exempt under section 15301 (Existing
]Facilities), sections 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 seem with certainty to have no possibility
of a significant effect on the environment; and
WHEREAS, the ]Manning Commission has reviewed the amendments to the Municipal "
Code at a duly noticed public hearing held on October 25, 2016 where the public had an
opportunity to comment at which the Commission adopted ]Manning Commission
Resolution No. by a = vote recommending that the City Council adopt the
amendments,
WHEREAS, a duly noticed public hearing was held on November 2016 at which the
public had an opportunity to speak on this matter; 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:
Chapter 8.07
BEEKEEPING
Section
8.07.010
Purpose.
8.07.020
Definitions.
8.07.030
Location, Number, Maintenance and Registration of Apiaries.
8.07.040
Nuisance.
8.07.050
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.
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.
80070030 Location, Number, Maintenance and Registration of Aplarn.eso
Any person may keep and maintain apiaries in accordance to the following
regulations:
A. Location:
1e Agricultural apiaries as permitted in Chapter 19020;
20 Urban apiaries in all zoning districts,
30 Minimum setbacks:
io ]Front property lime ani./or any public or private street: 20 feet; and
iio Side or rear property lines and/or driveway easements: Ten (10) feet,
unless property owners of adjacent properties or beneficiaries of
driveway easements have given written permission to locate hives at a
closer distance.
Bo Number: Only two Dives 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.
20 Any apiaries abandoned by,beekeepers or disused apiaries shall be
promptly dismantled and removed from the location.
Do Registration: All apiaries must be registered with the Santa Clary County
Agricultural Commissioner as required by Division 13: ]dee Management and
Honey ]production of the California ]Food and Agricultural Code commencing
at Sections 29000, and or as thereafter may be amended.
800 .040 Nuisance.
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.
80070050 Enforcement.
Any person who violates any provision of this chapter shall be subject to
administrative fines and/or penalties pursuant to Chapter 11.10. 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.o Sub -Sections 1(h), (i), (j) and (9) of Fable 19°20.020 of Section
190200020 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
R1C
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
L
Apiaries, pursuant to
P
P
See #9
Cha ter 8.07,
j.
Nurseries, greenhouses
P
CUP-
See #20
and landscaping ardens
PC
(no change to subsections 19.20.020 (1) (k) -19.20.020 (8)
9. Accessory facilities and
uses incidental to permitted
uses and otherwise conforming
P
P
P
P
P
P
P
with the provisions of Chapter
19.100 of this title;
SECTION 3. Severabilitu. 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. Cert i 'cation. 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 ®f the Cupertino City Council the day
®f 2016 and ENACTED at a regular meeting of the Cupertino City Council
on this of 2016 by the following vote:
Vote Members ®f the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, idt, City Clerk
Barry Chang, Mayor, City of Cupertino