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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. Ordinance No. 16-2158 Page3 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. Ordinance No. 16-2158 Page 4 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