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ORDINANCE 1624ORDINANCE NO. 1624 AN ORDINANCE AMENDING TITLES 6, 7 AND 15 OF THE EL SEGUNDO MUNICIPAL CODE TO ALLOW NONCOM MERIAL,BACKYARD BEEKEEPING IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE DISTRICT. The City Council of the City of El Segundo does ordain as follows: SECTION 1. The City Council finds and determines as follows: A. Currently, noncommercial beekeeping is not expressly allowed in the City of El Segundo; B. The City Council desires to amend the City's Code to allow noncommercial, backyard beekeeping on single-family residential zoned properties, subjectto the following requirements: 1- Hive Placement Requirements: (a) Hives may only be maintained on single-family R-1 Zone residential property. (b) No more than three hives may be maintained on any single-family residential property in rear yard areas only.. (c) All bee colonies shall be kept in inspectable hives consisting of moveable frames and combs. (d) Hives must be kept in sound and usable condition at all times. (e) Any person intending to maintain any bee hive on any single-family residential property within the City must first register with County Agricultural Commissioner. (f) Hives shall be located at least five feet from all property lines. (g) Hive entrances shall face away from or parallel to the nearest property line(s). (h) Hives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet above the adjacent ground level. 2- Hive Management Requirements: (a) Hives shall be continually managed to provide adequate living space for their resident bees to prevent swarming. (b) Hives shall be requeened at least once every two years to prevent swarming. (c) A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. (d) Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee -proof enclosure. ORDINANCE NO. 1624 Page 1 of 8 3- Nuisance. Bees or hives shall be considered a public nuisance when any of the following occurs: (a) Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties. (b) Colonies of bees swarm. (c) Bees or hives do not conform to this Code. (d) Hives become abandoned by resident bees or by the owner. SECTION 2: General Plan Findings. As required under Government Code Section 65860, the ESMC amendments proposed by the Ordinance are consistent with the El Segundo General Plan and the Ordinance is not anticipated to adversely impact the General Plan goals, objectives and policies. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26and based on the findings set forth in Section 2, the proposed zone text amendment is consistent with and necessary to carry out the general purpose of ESMC Tile 15 as follows: A. It is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic and socialadvantages resulting from an orderly planned use of land resources; and B. It is necessary to facilitate the development process and ensure the orderlylocation of uses within the City. SECTION 4: Environmental Review. Pursuant to the authority and criteria of the California Environmental Quality Act (CEQA), it has been determined that the proposed ordinance does not have the potential to cause significant effects to the environment and,therefore, the project is exempt from CEQA pursuant to 14 Cal. Code Regs. § 15061(b)(3). This proposed ordinance would not result in any development or changes tothe physical environment. SECTION 5, El Segundo Municipal Code ("ESMC') § 7-1-4 is amended as follows: 7-1-4: NUISANCES; DESIGNATED: It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any propertywithin the city to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following: ORDINANCE NO. 1624 Page 2 of 8 A. A violation of any provision of applicable law including, without limitation, the El Segundo municipal code; B. Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties; C. Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction; D. The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures; E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which thecondition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or term iteinfestation; F. Any premises, building or structure, wall, fence, pavement, or walkwaywhich is painted in a garish manner or is out of harmony or conformity withthe standards of adjacent properties; G. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty four (24) consecutivehours; H. Any wall, fence, gate, or hedge that is damaged, broken, or a hazard oris maintained in violation of this code; ORDINANCE NO. 1624 Page 3 of 8 I. Broken windows; J. Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris, which: 1. May harbor rats, vermin, or other disease carriers; 2. Is maintained so as to cause an obstruction to the vision of motoristsor a hazardous condition to pedestrians or vehicle traffic; 3. Creates a danger or attractive nuisance to the public; 4. Detrimentally affects neighboring properties or property values; or 5. Constitutes a fire hazard; K. Building exteriors, roofs, landscaping, grounds, walls, retaining and cribwalls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable; L. The accumulation of dirt, litter, trash, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, landscaped or other areas; M. Any premises upon which there is or is permitted to be, 1. Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit; 2. Junk, solid waste, vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales; 3. Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same; 4. Inoperative vehicles, except where permitted by the zoning code; 5. Deteriorated driveways and parking lots, including those containing potholes, or cracks; 6. Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboardramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to such abandoned or neglected conditions; 7. Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code; ORDINANCE NO. 1624 Page 4 of 8 8. Any garbage can, solid waste container, solid waste, packing box orjunk placed or maintained so as to be visible from neighboring properties orthe public right of way, except for those times scheduled for collection, in accordance with this code; 9. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property, or which is likely to seep or migrateinto the underground water table; 10. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris; 11. Any condition of vegetation overgrowth which encroaches into, over, or upon any public right of way including, without limitation, streets, alleys, or sidewalks, so as to constitute either a danger to the public safetyor property or any impediment to public travel; 12. Animals, livestock, poultry, OF kept, bred, or maintained for any purpose and in violation of this code; 13. The keeping of bees in violation of State or local rules and regulations « or colonies of bees exhibiting defensive or objectionable behavior or interfering with the normal use of neighboring properly; 14. Any property, or any building or structure thereon, maintainedin such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwisematerially detrimental to adjacent and nearby properties and improvements; a-. 15. Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to Health and Safety Code section 17920.3. SECTION 6. Section 6-2-2 of the ESMC is amended to add the followingdefinitions in proper alphabetical order: "Bee" means any stage of the common domestic honey bee, Apis Mellifera species. "Bee hive" means an enclosure or structure used for the housing of a Bee colony. SECTION 7. Title 6 of the ESMC is amended to add a new chapter as follows: "Chapter 5. Beekeeping. Section 6-5-1. General Requirements. ORDINANCE NO. 1624 Page 5 of 8 A. Beehives may only be maintained in the rear yard on a single-family residential property. For purposes of this Chapter, the term "rear yard" has the same meaning as defined in Section 15-1-6 of this Code. B. A maximum of three bee hives may be maintained on any single-familyzoned property, in the rear yards only, for noncommercial purposes. C. All bee colonies shall be kept in inspectable hives consisting of moveable frames and combs. D. Hives must be kept in sound and usable condition at all times. E. Any person intending to place and maintain any bee hive on a single- family residential zoned property within the City must first register with County Agricultural Commissioner. F. Hives shall be located at least five feet from all property lines. G. Hive entrances shall face away from or parallel to the nearest property line(s). H. Hives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet above the adjacent ground level. Section 6-5-2. Hive Management Requirements. A. Hives shall be continually managed to provide adequate living space for their resident bees to prevent swarming. B. Hives shall be requeened at least once every two years to prevent swarming.. C. A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. D. Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee -proof enclosure. Section 6-5-3. Nuisance. A. Notwithstanding the requirements contained in Section 6-5-1 and Section 6-5-2,bees or hives shall be considered a public nuisance when any of the following occurs: 1. Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties. ORDINANCE NO. 1624 Page 6 of 8 2. Colonies of bees swarm. 3. Bees or hives do not conform to this Code. 4. Hives become abandoned by resident bees or by the owner." SECTION 8. Section 15-4A-3 of the ESMC is amended as follows: 15-4A-3: PERMITTED ACCESSORY USES: A. Any use customarily incidental to a permitted use. B. Accessory dwelling unit, pursuant to article E, "Accessory Dwelling Units," ofthis chapter. C. Detached accessory buildings and structures, including private garages. D. Play structures. E. Beekeepi,ng, provided such accessory use complies with chapter 5 oftitle 5 of this code. €F. Other similar uses approved by the Director, as provided by chapter 22 ofthis title. SECTION g. Validity of Previous Code Sections. If the entire Ordinance or its applicationis deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 10. Enforceability. Repeal or amendment of any previous Code Sections doesnot affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 11. Severability. If any part of this Ordinance or its application is deemed invalidby a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. SECTION 12. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. ORDINANCE NO. 1624 Page 7 of 8 SECTION 13. Effective Date. This Ordinance will become effective on the 31st day following its passage and adoption. PASSED AND ADOPTED ORDINANCE No. 1624, this18th day of May 2021. Drew yles .. ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No1624 was duly introduced by said City Council at a regular meeting held on the 4th day of May, 2021, and was duly passed and adopted by said CityCouncil, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 18th day of May, 2021, and the samewas so passed and adopted by the following vote: Ayes: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None W" t, X 0 �, -A� Tracy Weaver, Ity Clerk APPROVED AS TO FORM: V 4J k�,4 Mark D. Hensley, ity ttorney ORDINANCE NO. 1624 Page 8 of 8