Agenda Item # 11.1 - Sharon Luna | Received 11/21/2022CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening
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From:
To:City Clerk
Subject:EXTERNAL - Public Comment to November 21st Agenda Item number 10
Date:Sunday, November 20, 2022 9:46:40 PM
To: Mayor Blankley and Gilroy Council Members,
Thank you for the opportunity to comment on agenda item #10 regarding the
possibility of changing the Agricultural Zoning Districts and Establishment of
Agricultural, Resource, and Open Spaces Uses Including Beekeeping to be changed
to allow bees exempt and able to prosper in urban areas of the City of Gilroy. I would
like to note that San Jose and Morgan Hill are two of many cities in Santa Clara
County that have already changed their zoning to allow Urban beekeeping, however,
with restrictions. In fact, Gilroy and Milpitas are the only cities that have not exempt
bees from the agricultural zoning. Morgan Hill has already approved operating apiary
in urban
areas. https://library.municode.com/ca/morgan_hill/codes/code_of_ordinances?
nodeId=TIT6AN CH6.36ANLAUS 6.36.275KEBERE. San Jose has also established
an ordinance for operating apiary in their urban areas. In Morgan Hill it states that
a hobbyist beekeeper can keep one hive on a property with a lot size between
five thousand square feet and ten thousand square feet. Up to two hives can be
kept on property with a lot size exceeding ten thousand square feet.
1.
EXCEPTIONS: With written unanimous consent from adjacent property owners,
property with a lot size between five thousand square feet and ten thousand
square feet can keep up to two hives, and property with a lot size exceeding ten
thousand square feet can keep up to three hives.
Changing the zoning in San Jose or Morgan Hill has not led to residents asking for
cows, sheep, or goats in urban areas. The City of Gilroy already allows small animal
zoning, chickens, pigeons, etc. As noted in the agenda it states Council direction not
to proceed with pursuing policies permitting agriculture operations, including
beekeeping, outside of agriculture districts. Staff has suggested that others may ask
for exemptions, however, it must be proven that changes could be accommodated
and reasonable. It also seems conflicting as the defined 4.23.1 and allowing
exception for pigeons as stated in 4.23.3. The City of Gilroy has established that can
make exceptions and if the community can establish a need for change as did for
Homing pigeon. Gilroy should agree to change zoning and reach out to neighboring
cities for guidance and to set regulations.
4.23.1 Definitions.
For purposes of this section 4.23, “small animal” is defined as chickens, pigeons, turkeys, pea
fowl, water fowl, and other “Ratitae” with a mature height less than twenty-four (24) inches, and
rabbits. Small animals, as defined in this section, do not include dogs and cats, which are
regulated in Article IV of this chapter. (Ord. No. 2012-03, § 2, 3-5-2012)
4.23.2 Exemption.
(a) Notwithstanding section 4.20(a), any person may keep and maintain up to six (6) small
animals (in any combination) on any premises in residential zones within the city in accordance
with the terms and conditions set forth in this section 4.23, and it shall be unlawful for any person
to maintain more than six (6) small animals (in any combination) on any premises in residential
zones within the city not zoned. Then an exception takes place for homing pigeons and refers to
small animals without notwithstanding 4.20:
4.23.3 Confinement requirement—Homing pigeon exception.
(a) The owner/guardian and person with a right to control the small animals must keep the
premises where the small animals are maintained fenced to prevent such animals from straying or
running at large upon any public street or other public place, or upon any private place or property
or common area of any planned development, cluster, townhouse, or condominium project without
the consent of the owner or person in control thereof.
(b) If the small animal is a homing pigeon, the homing pigeon must be confined to the enclosure
or structure and may only be released for exercise, training or competition if the homing pigeon is
fitted with a leg band which contains a serial number issued by a pigeon registry and the homing
pigeon does not perch or otherwise linger on the building or property of another without their
consent. (Ord. No. 2012-03, § 2, 3-5-2012)
Reviewing this zoning change request, I took the time to check why the need to have
bees in urban areas. Pollination services provided by bees and other insects are
fundamental to producing and regenerating wild plants and agricultural crops,
including fruits, vegetables, nuts, and spices. I was surprised to learn that between
1961 and 2006, dependence on animal pollination increased by 62% in developed
countries (Aizen and Harder 2009). In the USA alone, bee pollination is responsible
for 14 billion of agricultural production (Morse and Calderone 200; Cane 2005) To
lose pollinators due to development and the use of pesticides will be detrimental to
the world's food security. The honeybee decline is well documented in North America
at colony losses of 49.5%. Again, these declines are due to a range of factors: land-
use changes and intensification, climate change, pesticide applications, lack of food
and nesting resources. Humans are mostly responsible for the decline of the animal
population, which includes bees, and we must take steps to rectify and look for ways
to protect and maintain our animal and food sources.
The Microenterprise Home Kitchen Operations (MEHKO) pilot program the Santa Clara
County Supervisors passed and will take effect in 2023, is a program that Gilroy and
potential beekeepers should review. The proposed 3-year temporary program will
authorize community members to prepare, cook, and sell food from their private home
kitchens. To have the City of Gilroy work with developers to put rooftop gardens in
low-income housing or allow residents to protect the environment and to make food
products from honey or flowers they grow and make a little income will definitely be a
win for the City. The City could sponsor or accrue funding to assist low-income
residents to get started, with set up costs and training. All kinds of income-generating
revenue could come from allowing urban beekeepers. Think of a homeless shelter
with 2 or 3 beehives; perhaps with education and direction, this could start careers for
those that need assistance or just something new and different to work with. We need
to think differently and look at how one solution could benefit other ongoing concerns
in our County. Apply for funding and make workable urban beekeeping prosperous for
all residents.
Please approve amending the zoning for bees to be in urban areas with restrictions
that shall be followed by all residents who would apply. Make it a City project and
collaborate with those that know what needs to be done. Make it successful for our
environment, bees, and residents.
Thank you for your time,
Sharon Luna
San Martin Resident