TITLE:
title
INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING TITLE 3 (ANIMAL REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE BY AMENDING CHAPTER I (IN GENERAL) AND CHAPTER VI (SPECIAL ANIMAL PERMIT) TO PROVIDE FOR BEEKEEPING AND TO CLARIFY APPEAL PROCEDURES FOR SPECIAL ANIMAL PERMITS, AND FINDING OF CATEGORICAL EXEMPTION FROM CEQA
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DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: STEPHANIE A. SELINSKE, LIEUTENANT
CONTACT INFORMATION: STEPHANIE A. SELINSKE, LIEUTENANT 714-754-5293
RECOMMENDATION:
recommendation
Staff recommends the City Council introduce for first reading Ordinance No. 2024-XX amending Title 3 (Animal Regulations) of the Costa Mesa Municipal Code by amending Chapter I (In General) and Chapter VI (Special Animal Permit) to allow for the lawful keeping of bees and/or hives within the city and to clarify appeal procedures for special animal permits, and find the Ordinance Categorically Exempt from CEQA.
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BACKGROUND:
The City of Costa Mesa Municipal Code (CMMC) 3-18, currently states it is unlawful for any person to have, keep, or maintain any hive or swarm of bees within the city. Presently, several cities in Orange County allow for the lawful keeping of bees and hives, including Fullerton, Santa Ana, and Irvine. On January 26, 2022, the Animal Services Committee voted to establish a Beekeeping Ad Hoc Committee to explore beekeeping with the intent to propose changes to CMMC 3-18 to allow for the keeping of bees in the City of Costa Mesa. On March 20, 2023, the Beekeeping Ad Hoc Committee submitted their findings and draft ordinance to the Animal Services Committee and staff. Based upon the Ad Hoc Committee’s recommendation, the Animal Services Committee voted to send their findings and draft ordinance to City Council to receive and file for future review until such time either conflict over backyard beekeeping increased or popular support became evident. Recently, the Police Department and City Council have received public interest in a beekeeping ordinance. Utilizing the information provided by the Beekeeping Ad Hoc Committee and research by staff, the Police Department is recommending amendments to CMMC 3-18 to allow lawful beekeeping in the City of Costa Mesa.
ANALYSIS:
The recommended ordinance is modeled after the City of Fullerton. The Beekeeping Ad Hoc Committee viewed Fullerton’s ordinance as the appropriate balance among ease of administration, flexibility for beekeepers and avenues for enforcement to address complaints from neighbors or property owners.
This ordinance would allow for the keeping of domesticated bees with a permit issued through the Police Department’s Animal Services Unit. Permits would only be issued in R-1 single-family residential zoning districts with lots of 3,000 square feet or greater to ensure proper spacing with other residences. Applicants wishing to obtain a beekeeping permit would be required to complete an application form, a property map indicating where the hive would reside, and provide proof of notification to adjacent property owners. Staff would review the application and issue a permit if it is determined the beehive(s) and bees would be kept and maintained without menacing the safety of any person or property.
Upon issuance of the permit, residents would be required to post appropriate signage on gates accessing the property, register their hives with the Agricultural Commissioner of Orange County, complete a beekeeper training course, and abide by the Costa Mesa Residential Beekeeping Best Practices guide.
Control measures have been established in the ordinance to allow for the revocation of a permit if the bees or hive become a public nuisance. This would include a complaint from a person residing on a neighboring property with proof of a medically certified allergy to the sting of bees. Additionally, permits are only valid for two years, allowing for reoccurring reviews and inspections by staff.
During the creation of this new ordinance, updates were recommended to the appeal procedures. In order to ensure that the beekeeping permit and special animal permit appeal procedures are in congruence, staff recommends that the municipal code be amended as well.
ENVIRONMENTAL ANALYSIS:
This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) A Notice of Exemption should be filed as authorized by CEQA and the State CEQA Guidelines.
ALTERNATIVES:
The City Council could elect not to approve the beekeeping ordinance and the City would continue with not allowing beekeeping within city limits.
FISCAL REVIEW:
There is no fiscal impact related to this ordinance.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and the proposed Ordinance and approved them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
• Strengthen public’s safety and improve the quality of life
CONCLUSION:
Staff recommends the City Council:
Staff recommends that the City Council introduce for first reading the attached Ordinance No. 2024-XX amending Title 3 (Animal Regulations) of the Costa Mesa Municipal Code by amending Chapter I (In General) and Chapter VI (Special Animal Permit) to allow for the lawful keeping of bees and/or hives within the city and to clarify appeal procedures for special animal permits, and find the ordinance categorically exempt from CEQA review.