Irvine Municipal Code Ch. 2-39 Residential Beekeeping Permit

A. It is the intent and purpose of this section to establish procedures whereby the City may grant a Residential Beekeeping Permit.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. A Residential Beekeeping Permit is required for all residential beehives where the Zoning Ordinance identifies "Residential Beekeeping (Accessory Use)" as a permitted use

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. Persons eligible. The property owner or authorized agent of the property owner is eligible to apply for a residential beekeeping permit with the Community Development Department.

B. All of the information below must be submitted by an eligible person at the time a residential beekeeping permit application is submitted:

1. A complete residential beekeeping permit application signed by the property owner or its authorized representative.

2. Site Plan - City Form 41-10 - identifying the following information:

• Proposed beehive location and existing structures;

• Minimum setbacks of the proposed beehive from all property lines and adjacent streets;

• Property lines, exterior walls/fences, and all easements of record;

• Easements on the property, if any; and

• Surrounding land uses.

3. Required beehive information and acknowledgements form, which includes all of the following acknowledgements:

a. Property owner understands that, at any time, an adjoining property resident may submit proof to the City of a medically-certified allergy to the sting of bees, which shall result in the City's initiation of the revocation process of a Residential Beekeeping Permit in accordance with Zoning Ordinance Chapter 2-39.

b. Property owner understands that the ability to maintain bees on residential property may be subject to Section 4-11-111 - Emergency Abatement - of the Municipal Code if a permit violation exists and/or if any related activity affects the public health and safety of the neighborhood.

c. A residential beekeeping permit does not override private property restrictions in Covenants, Conditions and Restrictions (CC&Rs) or Homeowners' Association regulations.

d. Property owner has read and understands the City of Irvine's Best Management Practices (BMPs) Manual.

e. Property owner certifies that they will maintain bees in a manner that conforms with Chapter 3-41 and the City of Irvine's BMPs Manual.

4. Proof of notification to adjacent property owners abutting the subject site regarding the submittal of a residential beekeeping permit. Proof of notification shall include the following information:

• Copies of notification letter;

• Neighbors signature acknowledging receipt of letter;

• Contact information (name, email address, and phone number); and

• Property address.

5. Homeowners' Association acknowledgement and authorization, if applicable.

6. A deposit or fee as set forth by ordinance or resolution of the City Council.

7. Proof of completion of a beekeeping course.

8. Registration with the County of Orange Agricultural Commissioner on the first day of January of ach year or within 30 calendar days of acquiring an apiary consistent with Food and Agricultural Code Sections 29040—29056. The applicant must submit proof of registration to the City prior to final approval and renewal of a residential beekeeping permit.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

The Director of Community Development Department, or his or her designee, shall review applications for residential beekeeping permits.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

The decision of the Director of Community Development, or his or her designee, with respect to the residential beekeeping permit shall be final unless appealed in accordance with Chapter 2-5 - Appeal Procedure - of the Zoning Ordinance.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. A residential beekeeping permit shall expire one year from the date of the final approval of the permit.

B. The recipient of a residential beekeeping permit shall submit a permit application in accordance with Section 2-39-3 of this chapter to renew the permit. All permit renewals shall be secured prior to the expiration of the previous year's permit.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. Subsequent to the approval of an initial residential beekeeping permit, City staff or their designee shall inspect the site to determine that the permit complies with the development standards in Chapter 3-37, Section 3-41 of the Zoning Ordinance.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. The Director of Community Development, or his or her designee, is authorized to revoke a residential beekeeping permit if any of the following occurs:

1. An adjoining property owner (a property touching the subject site) has provided medical proof of a bee sting allergy.

2. The beehive(s) creates an imminent danger and affects the public health and safety of the community and surrounding area.

3. The permittee violates any of the conditions or terms of approval or any law or ordinance in connection with the permit approval on three separate occasions within a 12-month period.

B. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the revocation to the permittee. Such notice shall summarize the principal reasons for the revocation, and shall be delivered by first class mail and certified mail, return receipt requested and postage prepaid, addressed to the permittee as the name and address appears on the permit. Upon receipt of such notice, the permittee shall immediately suspend all beekeeping activities including removing all bees from the subject property.

C. Within 30 calendar days after having served notice of revocation, the Director of Community Development, or his or her designee, shall meet with the permittee, permittee's authorized agent, or permittee's successor. The intent of the meeting shall be to discuss reason(s) for the cited revocation of the permit and ways to remedy the revocation, if possible. If no agreement can be reached, the Director of Community Development, or his or her designee, shall permanently revoke the permit. The decision of the Director shall immediately become effective and final unless an appeal is timely made as provided in Section 2-39-9 of this chapter.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. For purposes of this chapter, the appeal procedure set forth in this section applies to only a revocation of a permit and supersedes that contained in Chapter 2-5.

B. The permittee shall, within 15 calendar days after having been notified of an adverse determination, file a written notice of appeal with the City Clerk.

C. The written notice of appeal shall be addressed to the Planning Commission and shall specify the subject matter of the appeal, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the Planning Commission, and the name and address of the permittee.

D. The appeal shall be accompanied by a deposit or fee as required by City Council resolution.

E. The City Clerk shall place the appeal on the Planning Commission agenda within 60 calendar days after receipt of it. The permittee shall have the burden of proving that the decision rendered by the Director of Community Development, or his or her designee, was unreasonable, erroneous, or a clear abuse of discretion.

F. The decision of the Planning Commission shall be final.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. A residential beehive(s) shall be subject to Division 11, Section 4-11-111 - Emergency Abatement - of the Municipal Code should any of the following conditions occur:

1. Colonies of bees exhibit defensive or objectionable behavior or interfere with normal use of neighboring properties without owner's immediate and successful response to rectify the problem.

2. Colonies of bees swarm because of failure to re-queen without owner's immediate and successful response to rectify the problem.

3. Colonies of aggressive bees swarm without owner's immediate and successful response to contain or relocate the bees.

4. Hives become abandoned by the property owner.

5. Beehives create an imminent public health and safety concern to the neighborhood.

B. In the event that the City has evidence that any of the following has occurred, a residential beekeeping permit shall be subject to the provisions of the enforcement and revocation procedures in Section 2-38-8 and appeal procedures in Section 2-39-9 of this chapter.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)

A. The City Attorney may bring a civil action and civil penalties against any person who continues to violate any provision of this chapter or Chapter 3-41 of the Zoning Ordinance. In any civil action that is brought pursuant to this chapter or Chapter 3-41 of the Zoning Ordinance, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

A violation of this chapter shall constitute a misdemeanor and may be prosecuted in the name of the people of the State of California. The maximum fine or penalty for any violation shall be the same as established by the general laws for a misdemeanor.

(Ord. No. 22-07, § 3(Exh. A), 5-10-22)