Pleasanton City Zoning Code
CHAPTER 18
103 BEEKEEPING
§ 18.103.010 Policy and purpose.
Beekeeping is beneficial for society as bees are essential for pollination, gardening, and food production. The purpose of this chapter is to promote public health, safety and welfare and to establish reasonable and uniform regulations for beekeeping: on land in the A (Agricultural) zoning district; for properties with detached, single-family homes located in the R-1 (One-Family Residential) zoning district and RM (Multi-Family Residential) zoning district; and for properties with detached, single-family homes located in the Downtown Specific Plan Area.
(Ord. 2113 § 1, 2015)
§ 18.103.020 Definitions.
For the purposes of this chapter, certain words and terms used are defined as follows:
means the permanent departure of the majority of the bees within a colony.
means any stage of the common domestic honey bee, Apis Mellifera species.
means a person who keeps bees.
means the maintenance of bee colonies in hives.
means immature bees, in various stages of development, before they emerge from their honeycomb cell.
means the barrier used adjacent to the hive opening that forces bees to fly upwards.
means a structure for the housing of a bee colony. Hives are typically a series of boxes stacked one on top of the other.
means to replace the queen bee in a colony with a younger and more productive queen.
means the taking of honey from a colony by other bees or insects.
means the movement of at least several hundred bees in a group from a colony.
(Ord. 2113 § 1, 2015)
§ 18.103.030 Application-Required information and plans.
An application for a permit to keep bees shall be filed with the zoning administrator on a form prescribed by the city and shall include the following information and maps:
A.
Name and address of the applicant, who must be the proposed beekeeper;
B.
Statement of whether the applicant is the owner or a tenant of the property on which the beekeeping is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the application;
C.
Address or description of the property on which the beekeeping is proposed to be located;
D.
Statement of whether any applicable covenants, conditions or restrictions applicable to the property allow beekeeping;
E.
Statement indicating the precise manner of compliance with each of the applicable provisions in Section 18.103.080, together with any other data pertinent to the granting of a permit;
F.
Description and drawings of the proposed: (1) hive; (2) water source for bees; (3) flyway barrier;
G.
An accurately scaled drawing of the parcel showing existing and proposed locations of streets, property lines, existing structures, landscaped areas, fences, walls, trees on-site and off-site that are located within close proximity of the proposed location of the hive, driveways, pedestrian walks, and the footprint drawing of the proposed location of the hive, water source, and flyway barrier;
H.
The zoning administrator may require additional information, plans and drawings if necessary to determine whether the proposed beekeeping will comply with all of the applicable provisions of this chapter. The zoning administrator may authorize omission of any of the plans and drawings required by this section if he or she determines the information is not necessary.
(Ord. 2113 § 1, 2015)
§ 18.103.040 Application-Fee.
The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application.
(Ord. 2113 § 1, 2015)
§ 18.103.050 Notice.
No less than seven days prior to the date on which the decision will be made on the application, the city shall give notice of the proposed beekeeping by mail to all tenants and owners shown on the last equalized assessment roll as owning real property within 100 feet of the exterior boundaries of the parcel where beekeeping is proposed.
(Ord. 2113 § 1, 2015)
§ 18.103.060 Public hearing.
After the notice period runs, and if no administrative public hearing is requested (as described below), the zoning administrator (or designee) shall review the application and issue a decision to approve, approve with conditions, or deny the application. If, however, an administrative hearing is requested by the applicant or any interested person, the zoning administrator shall hold an administrative hearing. Subsequent to the hearing, the zoning administrator shall render a decision to approve, approve with conditions, or deny the application.
(Ord. 2113 § 1, 2015)
§ 18.103.070 Action of zoning administrator.
Any action of the zoning administrator is subject to the appeal provisions in Chapter 18.144. An application, if approved, is applicable only to the named beekeeper and parcel and does not run with the land.
(Ord. 2113 § 1, 2015)
§ 18.103.080 Standards.
Beekeeping shall only be allowed when the following regulations are met:
A.
Hives shall only be allowed and maintained on land in the A zoning district, on properties with detached, single-family homes located in an R-1 zoning district and RM zoning district, and properties with detached, single-family homes located in the Downtown Specific Plan Area.
B.
In the R-1 zoning district, RM zoning district, or Downtown Specific Plan Area zoning district, the beekeeper shall reside at the property where the hive is located.
C.
In the R-1 zoning district, RM zoning district, or Downtown Specific Plan Area, hives shall be located at least five feet from the side and rear property lines. Hives are not allowed in the area between the front property line and the single-family house. The location of hives on land in the A zoning district shall be subject to review on a case-by-case basis by the zoning administrator.
D.
No more than two hives shall be allowed on detached, single-family properties located in the R-1 zoning district, RM zoning district, and Downtown Specific Plan Area; and no more than 10 hives shall be maintained within the A zoning district.
E.
All bee colonies shall:
1.
Be kept in inspectable hives, as determined by the city's code enforcement officer, animal services officer, and/or designee;
2.
Have a convenient water source for the bees located on the subject site that is within at least 10 feet of the hive. Dripping faucets shall not be allowed; and
3.
Have a flyway barrier at the opening of the hive that forces the bees to cross the property line at a minimum height of six feet. The top of the flyway barrier shall not be greater than seven feet tall and shall extend beyond either side of the beehive. The flyway barrier can be solid or vegetative, or use an alternative composition, as determined by the zoning administrator, with the dimensions and setbacks determined by the zoning administrator.
F.
All hives shall:
1.
Be kept in a usable condition at all times, as determined by the city's code enforcement officer, animal services officer, or designee;
2.
Have removable frames/combs;
3.
Be kept off the ground to prevent wood rot; and
4.
Be inspected by the beekeeper no less than three times between March 1st and October 1st of each year to ensure that the conditions of the hive(s) are maintained and to prevent natural requeening that can lead to swarming.
G.
Hive materials and/or equipment shall be stored in a sealed container or placed within a bee-proof enclosure. Beekeepers shall ensure that no burr comb, honey or related materials are dropped and/or left on the subject site such that it would attract pests.
H.
Hive entrances shall face away from or be parallel to the nearest property line(s).
I.
The maximum height of a hive, including the stand, shall not exceed four feet.
J.
To prevent swarming, the beekeeper shall continuously manage the hive and requeen each hive at least once every two years.
K.
No beekeeping permit shall be granted if the beekeeping will be detrimental to public health, safety, and welfare.
L.
Notwithstanding the standards set forth above, the zoning administrator (or designee) has discretion to approve additional hives and/or hives in excess of four feet in height if the size, topography, or other physical conditions of the lot can accommodate such hives.
M.
Upon securing a beekeeping permit, an inspection of the site and hives by the city's code enforcement officer, animal services officer, or their designee (collectively the inspector), is required at least one week, but no later than three weeks, after bringing the bees on-site. For such inspections, beekeeper shall be at the site to meet inspector.
(Ord. 2113 § 1, 2015)
§ 18.103.090 Nuisance and enforcement.
Bees or hives shall be considered a public nuisance when the beekeeper's bees swarm, the bees abscond, or the beekeeping does not conform to this code, or hives are abandoned by the beekeeper.
Where there is reasonable cause to believe that there exists a violation of this chapter which may cause health or safety hazards to residents and/or visitors, the city's code enforcement officer, or animal services officer, or their designee, is authorized to enter upon the property to inspect or to perform duties authorized by this chapter.
Any person who violates any provision of this chapter shall be subject to administrative fines and/or penalties pursuant to Chapter 18.140.
In addition, when there is reasonable cause to believe that there exists a violation of this chapter, or, if application is approved subject to conditions, upon failure to comply with conditions, an approved application shall be subject to suspension, modification or revocation. The zoning administrator shall hold a public hearing to consider any suspension, modification or revocation of an approved application.
(Ord. 2113 § 1, 2015)
§ 18.103.100 Additional procedures.
The regulations concerning effective date of the beekeeping permit, review or appeal, suspension and revocation, and new applications shall be those contained in this chapter.
Modifications requested by the beekeeper for a previously approved application shall be handled by the zoning administrator pursuant to the procedures set forth in this chapter for new applications.
(Ord. 2113 § 1, 2015)