HomeMy WebLinkAboutOrdinance 347 Amending Beekeeping RegulationsORDINANCE NO. 347
AN ORDINANCE AMENDING ARTICLE 7-20
OF THE SARATOGA CITY CODE, BEEKEEPING
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS
FOLLOWS:
Findings
1. The City of Saratoga wishes to amend the provisions of the City Code concerning
beekeeping to provide a better balance between the beneficial aspects associated
with apiaries and reasonable standards that are necessary to maintain the health,
safety, and general welfare of the public.
2. The City of Saratoga also wishes to encourage responsible beekeeping within the
City in recognition of the City's semi -rural character and its agrarian history.
3. The City Council of the City of Saratoga held a duly noticed public hearing on April
19, 2017 and after considering all testimony and written materials provided in
connection with that hearing introduced this ordinance and waived the reading
thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The existing text of Section 7-20.230 of the Saratoga City Code is hereby replaced with
the text in Attachment 1.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this
ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase
of this ordinance is held invalid, the City Council declares that it would have adopted the
remaining provisions of this ordinance irrespective of the portion held invalid, and further
declares its express intent that the remaining portions of this ordinance should remain in
effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3). CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
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possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance the amendments to the existing
City Code address regulation of animals only and would have a de minimis impact on the
environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of
the City of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the
regular meeting of the City Council of the City of Saratoga held on the 19th day of April
2017, and was adopted by the following vote on May 3,2017.
COUNCIL MEMBERS:
AYES: Mayor Emily Lo, Vice Mayor Mary -Lynne Bernald, Council Members E.
Manny Cappello, Howard A. Miller, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
TTEST:
SIGNED:
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
al : othelio
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
DATE:
DATE:
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Attachment 1— Amendments to Article 7-20 (Animals)
Section 7-20.230 is replaced in its entirety with the following:
Section 7-20.230- BEEKEEPING
a) Purpose. This Section is adopted to establish provisions to regulate and
encourage responsible beekeeping within the City, in order to protect and promote
the public health, safety, welfare, comfort and convenience, while permitting the
reasonable uses of bees in agricultural activities.
b) Definitions. For the purposes of this Section, and other provisions of this Code,
the following words shall have the meaning respectively ascribed to them in this
subsection, unless the context or the provision clearly requires otherwise:
1. Apiary - means bees, hives and appliances wherever the same are kept,
located or found and maintained by any person.
2. Bees - means honey -producing insects of the species Apis Mellifera,
including the adults, eggs, larvae, pupae or other states thereof.
3. Flyway Barrier — means a barrier such as a solid fence, wall or dense
vegetation, six feet in height and located four to five feet away from the apiary.
The barrier shall be placed in front of the entrance of a hive to modify bee
entrance/exit flight paths from a low angle entrance/exit to a more vertical path.
4. Hive - means a structure for the purpose of housing bees.
5. Location - means any premises upon which an apiary is located.
c) Location - Apiaries shall only be located within the side or rear yards and no
closer than 6' from the property lines. If the apiary is located within 20' from a
property line, the entrance shall not face that property line.
d) Height - The maximum height of the hives or other structures associated with the
apiary shall not exceed 6'.
e) Number of Hives - A maximum of three (3) hives per property within the zoning
districts R-1-10,000, R-1-12,500, R-1-15,000, and R-1-20,000. A maximum of
four (4) hives per property within the R-1-40,000 zoning district and one (1)
additional hive permitted for each 1/2 acre over one acre. Apiaries are not
permitted in any zoning district not listed in this subsection (e).
f) Flyway Barrier - If the apiary is located within twenty feet of a property line,
either a flyway barrier shall be required or the entrance of the apiary shall not face
a property line.
g) Water supply - A water supply adequate in quantity for the apiary shall be
provided and maintained.
h) Compliance with laws - Any person maintaining an apiary on his/her property
shall comply with all local, state and federal laws.
i) Penalty - Violation of any of the provisions of this section is a misdemeanor and
public nuisance subject to the penalties set forth in Chapter 3 of this Code in
addition to any other remedies at law.
885894.3
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