CITY OF SAN RAMON
POLICY COMMITTEE
AGENDA
WE PROVIDE EFFICIENT DELIVERY OF QUALITY
PUBLIC SERVICES THAT ARE ESSENTIAL TO THOSE
WHO LIVE AND WORK IN SAN RAMON.
Sridhar Verose, Chair • Marisol Rubio, Vice Chair
City Hall - Training Room, First Floor
7000 Bollinger Canyon Road
Regular Meeting
4:00 PM
October 25, 2023
Agenda Questions: Please call the City Manager's Office at (925) 973-2530
1. CALL TO ORDER / ROLL CALL
2. PUBLIC COMMENT
Members of the public are encouraged to address the Policy Committee on any nonagenda item relating to the business of the Committee. Comments should not exceed three (3) minutes. No Committee action can be taken at this meeting on issues raised during Public comment. Written comments submitted prior to the start of the meeting were provided to the Committee for their consideration. Written public comments will not be read aloud during the meeting.
3. APPROVAL OF MINUTES
3.1 Policy Committee - Regular Meeting - Feb 22, 2023 4:00 PM
3.2 Policy Committee - Regular Meeting - May 24, 2023 4:00 PM
4. UNFINISHED BUSINESS
5. NEW BUSINESS
5.1 Priority Access System Policy for City-Funded Housing Projects Recommendation: Provide Direction to Staff Regarding the Priority Access System Policy for City-Funded Housing Projects.
5.2 Beekeeping Policy
Recommendation: Provide Comments and Feedback Regarding the City’s Policy Addressing Beekeeping and Apiary.
5.3 Policy Discussion: Proposed Safe Firearms Storage Ordinance 2 Policy Committee Meeting – October 25, 2023
6. POLICY COMMITTEE COMMENTS
7. ADJOURNMENT
I hereby certify that the agenda was posted 72 hours before the noted meeting. To make a request for disability-related accommodation to participate in the meeting, please contact the City Clerk’s Office 48 hours in advance of the meeting at 925-973-2539 or [email protected].
Dated: October 20, 2023
ATTENDEE CONDUCT
There will be zero tolerance for any person addressing the Committee making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting. Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
a. No profanity or obscenity
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability. d. Respect all people that are present.
At the discretion of the Committee Chair, a speaker may forfeit speaking time for any of the following reasons:
a. A Exceeding the allotted time to speak;
b. Yelling, screaming, or other behavior that renders this Committee unable to continue the meeting;
c. Excessive profanity or slander; Specific threats or “fighting words” that incite violence; or
d. Speech that is outside the subject matter jurisdiction of the Policy Committee or the specific agenda item in which you are speaking.
While the City of San Ramon ensures the First Amendment rights of its citizens, we do not accept nor endorse any offensive or hateful comments made during our meetings. The City of San Ramon celebrates the diversity of our community, and we strive to be a welcoming and open community for all.
MINUTES OF THE
CITY OF SAN RAMON POLICY COMMITTEE
February 22, 2023
ATTENDEE CONDUCT
1. CALL TO ORDER / ROLL CALL
Attendee Name Title Status Arrived
Sridhar Verose Chair Present
Marisol Rubio Vice Chair Present
Also in attendance Debbie Chamberlain Community Development Director, Martin Lysons City Attorney, Steven Spedowfski Interim City Manager, Karen McHenrySmith Executive Assistant, Eric Phillips Burke Williams & Sorensen LLP.
2. PUBLIC COMMENT
Tywon Sacontrie provided public comment.
At this time, members of the public are encouraged to address the Policy Committee on any item not already included in tonight’s agenda. Comments should not exceed three (3) minutes. No Committee action can be taken at this meeting on issues raised during Public comment.
Written comments submitted were provided to the Committee prior to the start of this meeting and made a part of the public record. Written public comment will no longer be read aloud during the meeting.
3. APPROVAL OF MINUTES
3.1 Policy Committee - Regular Meeting - Jan 25, 2023 4:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Marisol Rubio, Vice Chair
SECONDER: Sridhar Verose, Chair
AYES: Verose, Rubio
4. UNFINISHED BUSINESS
None
5. NEW BUSINESS
5.1 Policy Discussion: General Plan/Zoning Consistency Determination Under the Housing Accountability Act (HAA)
3.1 Packet Pg. 3
Minutes Acceptance: Minutes of Feb 22, 2023 4:00 PM (APPROVAL OF MINUTES) 2 Policy Committee Meeting – February 22, 2023
Mr. Lysons introduced the discussion item and provided background information on the General Plan/Zoning consistency determination under the Housing Accountability Act (HAA)
Mr. Phillips of Burke, Williams & Sorensen provided a presentation.
Mr. Lysons clarified members of the public should address question regarding the presentation during public comment. However, it is at the Chairs discretion to allow members of the public to address questions through the chair, not directly to the speaker.
At the Chairs, discretion members of the public were allowed to present questions through the chair.
Members of the public Rick Marks, Tywon Sacontrie, and Eric Wallis, addressed questions to the chair.
Eric Wallis, Tywon Sacontrie, and Jean Kuznik provided public comment.
Chair Verose called for a five-minute recess at 6:00 PM The meeting reconvened, Chair Verose called the meeting to order.
Gary Alpert provided public comment.
Chair Verose closed public comment.
The Committee discussed the item, provided comments.
The Committee received the report and elected not to follow staff’s recommended action.
6. POLICY COMMITTEE COMMENTS
There were no Committee comments.
Tywon Sacontrie provided public comment.
7. ADJOURNMENT
There being no further business, Chair Verose adjourned the meeting at 6:22 PM.
3.1 Packet Pg. 4
Minutes Acceptance: Minutes of Feb 22, 2023 4:00 PM (APPROVAL OF MINUTES)
MINUTES OF THE
CITY OF SAN RAMON POLICY COMMITTEE
May 24, 2023
ATTENDEE CONDUCT
1. CALL TO ORDER / ROLL CALL
Attendee Name Title Status Arrived
Sridhar Verose Chair Present
Marisol Rubio Vice Chair Excused
Scott Perkins Councilmember Present
Also in attendance Maria Fierner Public Works Director, Chris Weeks Transportation Division Manager, Vance Phillips Chief Building Official, Steven Spedowfski Interim City Manager, Karen McHenry-Smith Executive Assistant.
2. PUBLIC COMMENT
Tywon Sacontrie provided public comment.
At this time, members of the public are encouraged to address the Policy Committee on any item not already included in tonight?s agenda. Comments should not exceed three (3) minutes. No Committee action can be taken at this meeting on issues raised during Public comment.
Written comments submitted were provided to the Committee prior to the start of this meeting and made a part of the public record. Written public comment will no longer be read aloud during the meeting.
3. APPROVAL OF MINUTES
3.1 Minutes of February 22, 2023
Approval of the February 22, 2023 meeting minutes were deferred to the next scheduled meeting.
4. UNFINISHED BUSINESS
None
5. NEW BUSINESS
5.1 Dissolution of the Transportation Demand Management Advisory Committee Recommendation: Staff Recommends that the Policy Committee Review Staff’s Recommendation to Dissolve the Transportation Demand Management Advisory Committee and Provide Feedback.
3.2 Packet Pg. 5
Minutes Acceptance: Minutes of May 24, 2023 4:00 PM (APPROVAL OF MINUTES) 2 Policy Committee Meeting – May 24, 2023
Mr. Weeks introduced the item and provided background information on the Transportation Demand Management Advisory Committee (TDM).
Tywon Sycontrie provided public comment.
The committee provided feedback, accepted the report with a recommendation for staff to proceed to Council for consideration to dissolve of the TDM Advisory Committee.
RESULT: ACCEPTED
5.2 Ratification of San Ramon Valley Fire Protection District Ordinance No. 2022-37 Pertaining to Building Standards for Application Within the Jurisdictional Boundaries Of the City of San Ramon
Recommendation: This Report Recommends City Council Policy Committee Hear Staff Report, Consider Information and Direct Staff to Proceed with the Proposed San Ramon Valley Fire Protection District’s 2022 California Fire Code Ratification for City Council Consideration.
Mr. Phillips introduced the item, provided background information on the San Ramon Valley Fire Protection District’s (SRVFPD) Ordinance No. 2022-37, and proposed 2022 California Fire Code ratification.
Tywon Sycontrie provided public comment.
The committee provided feedback, accepted the report with a recommendation for staff to proceed to Council for consideration and ratification of SRVFPD Ordinance No. 2022-37.
RESULT: ACCEPTED
6. POLICY COMMITTEE COMMENTS
There were no Policy Committee comments.
7. ADJOURNMENT
There being no further business, Chair Verose adjourned the meeting at 4:27 PM.
3.2 Packet Pg. 6
Minutes Acceptance: Minutes of May 24, 2023 4:00 PM (APPROVAL OF MINUTES) AGENDA #5.1
POLICY COMMITTEE STAFF REPORT
DATE: October 25, 2023
TO: Policy Committee/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Cindy Yee, Senior Planner
SUBJECT: Priority Access System Policy for City-Funded Housing Projects
RECOMMENDED ACTION
Provide direction to Staff regarding the Priority Access System Policy for City-funded housing projects.
EXECUTIVE SUMMARY
San Ramon is in the process of developing a workforce housing priority access system. The policy would identify groups the City would like to give priority access to when new affordable (workforce) housing is partially or fully funded by the City. Upon determining the groups for priority access, Staff will develop and prepare the policy for consideration by the City Council.
BACKGROUND/DISCUSSION
San Ramon’s recently certified Housing Element directs the City to “develop a workforce housing priority access system that identifies households best served with priority access to City housing programs” (General Plan Implementation Policy 11.5-1-10). The General Plan identifies that the priority access system should consider groups such as public service employees, first responders, veterans of the armed forces, single heads of household, persons with disabilities and seniors. Such a priority access system would allow such groups to have weighted priority access to programs such as new affordable (workforce) housing. The purpose of preferences is to determine the order in which eligible applicants receive priority to rent or purchase available affordable housing units, including units developed with City subsidy. Typically, priority preferences are weighted, meaning that those meeting a preference(s) will give a housing applicant a higher ranking on a housing eligibility list than those that do not meet a preference.
Applicants who do not qualify for any preferences are ranked lower than applicants who qualify for at least one preference.
Staff has determined that there is a need for two priority access system policies in San Ramon:
one for City-funded affordable housing projects and one for non-City-funded affordable housing projects. Due to the anticipated opening of the Aspen Wood Senior Apartment project located at
5.1 Packet Pg. 7
AGENDA #5.1
9000 Alcosta Blvd. in early 2024, Staff is seeking direction on the priority access system for City-funded housing projects at this time and will defer completion of the priority access system for non-City-funded housing projects to a later date.
Priority Access System for City-Funded Housing Projects For affordable housing projects that are partially or in whole funded by the City, the City has expressed a desire to give priority access of such affordable units to applicants who live and/or work within the City limits. Given that the funding source of such projects rely on local funding, Staff is recommending the City consider providing priority based on the attached guidelines. As directed by the Housing Element, the City should also consider providing priority access for veterans, certified first responders, public service employees, and for special needs groups identified in the General Plan that typically have a greater difficulty finding affordable housing.
Special needs groups are identified as seniors (65 and older), persons with disabilities (including development disabilities), single-parent households, large households (5 or more persons), agricultural farmworkers, and homeless.
While an applicant who lives or works within the City limits will have preference over an applicant who does not, residency/employment status is not a requirement for affordable housing eligibility, and all individuals and households regardless of priority status may apply. Staff is asking the Policy Committee to provide comments on the development of the City’s priority access policy for City-funded housing projects.
FISCAL ANALYSIS
None.
STEPS FOLLOWING APPROVAL
Staff to respond to the direction from the Policy Committee and prepare the Priority Access System Policy for City-Funded Housing Projects for consideration by the City Council.
ATTACHMENT
A. San Ramon Priority Access System Policy for: City-Funded Housing Projects
5.1 Packet Pg. 8
1 SAN RAMON PRIORITY ACCESS SYSTEM GUIDELINES:
CITY-FUNDED HOUSING PROJECTS
(draft October 17, 2023)
To the extent permissible under applicable state and federal law, people who live and/or work in the City of San Ramon shall have priority over other persons to rent or purchase affordable and workforce housing units which are supported or sponsored by the City of San Ramon (the “City”). The San Ramon Local Priority Access System Guidelines presented herewith shall apply to all developers, owners and their agents, successors and assigns proposing affordable and/or workforce housing funded by the City in whole or part.
1. PREFERENCES
Based upon the approval by the City Council of San Ramon on ______ the City shall henceforth utilize the following priority order whenever ownership or rental housing units are made available to applicants who are income eligible households:
a. First priority is given to eligible households that reside and work within the City of San Ramon for at least 6-months;
b. Second priority is given to eligible households that reside within the City of San Ramon for at least 6-months;
c. Third priority is given to eligible households that work within the City of San Ramon for at least 6-months;
d. Fourth priority is given to eligible households who are i. Veterans honorably discharged from any branch of the United States Armed Forces; or
ii. Certified First Responders (sworn police officers, firefighter, rescue worker, or any other person who provides emergency response, first aid care, or other medically related assistance) who are employed in such capacity that provides service in the City of San Ramon as defined by Govt. Code Section 8562, as amended; or
iii. Public Service Employees employed by a local government agency that provides services in the City of San Ramon
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Attachment: A. San Ramon Priority Access System Policy for: City-Funded Housing Projects (4154 : Priority Access System Policy for City- 2 e. Fifth priority is given to eligible households who are:
i. Seniors (age 65 or older); or
ii. Persons with Disabilities (Verified through SSA Disability Benefit Award Letter); or
iii. Single-Parent Households; or
iv. Large Households (5 or more members); or
v. Agricultural Farmworker
vi. Qualified Homeless (CFR Section 578.3 of Title 24)
2. RESIDENCY
a. Definition of residency. To qualify as an applicant who is a resident of the City of San Ramon, the applicant responsible for renting or purchasing the affordable or workforce housing unit must have their principal place of residence within the City of San Ramon for a minimum of 6-months as of the date of application.
b. Evidence of residency. The developer/owner shall require the applicant to submit a driver’s license, voter registration, utility bill, or other evidence as proof of residency in San Ramon.
3. EMPLOYMENT
a. Definition of employment. To qualify as an applicant who is employed within the City of San Ramon, the applicant responsible for renting or purchasing the affordable or workforce housing unit must demonstrate that both of the following criteria have been met:
i. Location of Work. At least one of the signatories of the tenant lease or purchase agreement for the applicant's household must be employed within the City of San Ramon for a minimum of 6-months as of the date of application. Work is defined for purposes of this section as owning or operating a business located within the City of San Ramon, employment for wages or salary for an employer located within the City of San Ramon, contract employment where the actual
5.1.a
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Attachment: A. San Ramon Priority Access System Policy for: City-Funded Housing Projects (4154 : Priority Access System Policy for City- 3 work is conducted within the City of San Ramon, or commission work where the applicant's principal location from which he/she worked is located within the City of San Ramon.
ii. Hours of Work. At least one of the signatories of the tenant lease or purchase agreement for the applicant's household must have been employed within the City of San Ramon an average of at least 20 hours per week as of the date of application.
b. Evidence of employment. The developer/owner shall require applicants to submit pay stubs, W- 2 forms, tax returns, employer certification, or other evidence as proof of employment at a business location within the city of San Ramon.
4. SELECTION PLAN
The developer/owner and/or its agent shall affirmatively market the affordable and/or workforce housing units to ensure that all applicants, regardless of eligibility for the preference, are aware of the housing opportunity.
a. Selection Plan. Prior to the developer/owner’s acceptance of the first application for an affordable and/or workforce housing unit and no later than six months before issuance of a certificate of occupancy, the developer/owner shall prepare a Selection Plan for approval by the Community Development Director which shall set forth the process for selection of qualified applicants. The Selection Plan shall contain, but is not limited to, the following information:
i. Unit Description. A brief description of the affordable and/or workforce unit(s) including the unit-mix, location, structure, size and whether the unit(s) is for ownership or rental.
ii. Income Criteria. The eligible income range for rent or purchase affordable and/or workforce units.
iii. Priority System. The priority system to be utilized by the developer/owner based primarily on an applicant’s residence and employment location, with higher priority allocated to persons who live and/or work within the City of San Ramon.
5.1.a
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Attachment: A. San Ramon Priority Access System Policy for: City-Funded Housing Projects (4154 : Priority Access System Policy for City- 4 iv. Application Submission. Description of the application requirements. The conditions by which interested parties must submit a completed application to the developer/owner, including form of application, the stipulated date and time for application, number of applications to be submitted, disqualifications, etc. v. Selection Criteria. Explanation of the developer’s selection criteria and process based on the review of information submitted on the applications. Identification of corrective actions if a review of an application results in a determination that the City preferences assigned to the applicant was inaccurate.
5. DETERMINATION OF ELIGIBILITY
a. Verification of Preference. As part of the review process, applicants will be contacted directly to provide verification of their residence and employment history and evidence supporting any of the preferences identified.
b. Verification of Income. The developer/owner of affordable and/or workforce housing units, which are offered for rent, sale, or lease, shall require the applicant to provide proof that he/she meets the occupancy and income criteria set forth by the applicable City program(s).
6. PRIORITY RANKING; SELECTION OF QUALIFIED APPLICANT
a. Priority System. The priority order for categories are as follows:
i. Applicant where at least one of the signatories of the tenant lease or purchase agreement is a San Ramon resident and employed within the City of San Ramon for a minimum of 6- months at the time of application.
ii. Applicant where at least one of the signatories of the tenant lease or purchase agreement is a San Ramon resident for a minimum of 6-months at the time of application.
iii.Applicant where at least one of the signatories of the tenant lease or purchase agreement is employed within the city of San Ramon for a minimum of 6-months at the time of application. iv.Applicant where at least one of the signatories of the tenant
5.1.a
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Attachment: A. San Ramon Priority Access System Policy for: City-Funded Housing Projects (4154 : Priority Access System Policy for City- 5 lease or purchase agreement is a veteran, certified first responder, or public service employee.
v. Applicant where at least one of the signatories of the tenant lease or purchase agreement is a senior, person with
disabilities, single-parent household, large household, agricultural farmworker, qualified homeless.
vi.All other applicants.
5.1.a
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Attachment: A. San Ramon Priority Access System Policy for: City-Funded Housing Projects (4154 : Priority Access System Policy for City- AGENDA #5.2
POLICY COMMITTEE STAFF REPORT
DATE: October 25, 2023
TO: Policy Committee/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Analisa Garcia, Assistant Planner
SUBJECT: Beekeeping Policy
BACKGROUND/ANALYSIS
The subject of beekeeping was discussed in length in 2013 during the Zoning Ordinance Text Amendment review process. After receiving comments and testimony from local beekeeping experts and concerned residents, the Planning Commission recommended the Text Amendment to the Council with the following findings:
1. Honey bees behave differently from chickens and other small animals and cannot be contained within the rear yard once they leave the hive; and
2. Bee stings can cause allergic reactions in some people and therefore due to the potential for an increased concentration of bees, beekeeping within residential area is not appropriate; and
3. The Zoning Administrator’s interpretation of bees as farm animals and classification of beekeeping as agricultural practice, which is allowed on properties of one acre or greater in lot size, is appropriate.
On May 14, 2013, the City Council adopted the Text Amendment recommended by the Planning Commission and the current definition and standards for “Beekeeping – Apiary” were established.
The Zoning Ordinance defines honeybees as farm animals, and beekeeping in residential zones is considered Farm Animal Keeping—the keeping and raising of animals common to farms, which is allowed on residential properties of one acre or more in RC (Rural Conservation), HR (Hillside Residential) and RE (Residential Estate) zones (Attachment A). The existing standards do not account for non-commercial or hobbyist beekeeping activities on smaller properties.
5.2 Packet Pg. 14
AGENDA #5.2
Request to Reconsider Beekeeping Policy:
On July 30, 2020, resident Mr. Mark Armstrong, appointed to the City Council on January 6, 2021, submitted a proposed beekeeping ordinance to the City of San Ramon for consideration as a member of the Mount Diablo Beekeepers Association (see Attachment B). The proposed ordinance suggested by Mr. Armstrong would allow two hives on residential properties larger than 6,000 sq. ft. for personal hobby and non-commercial purposes with specific performance standards.
On November 11, 2020, the Planning Commission voted to form an Ad Hoc committee to further study the Zoning Ordinance definition and standards for beekeeping in the City.
An Ad Hoc meeting was held on February 3, 2021. Committee members recognized the value in supporting bee populations, while acknowledging that the public may be fearful of beekeeping in residential neighborhoods. The Committee requested more information regarding flyaway barriers and discussed the possibility of developing a pilot program that would require beekeepers to register with the City. A subsequent meeting was anticipated to be held in advance of a recommendation to the Planning Commission, however, due in part to challenges during the pandemic and changes to the members of the Planning Commission, a second meeting has not occurred.
DISCUSSION/ANALYSIS:
Honeybees play an important role in ecosystems as pollinators of plants and fruits. Local beekeeping can help offset the huge losses that commercial bee populations have suffered since 2006 due to colony collapse disorder. As the movement to support and promote local agriculture has gained popularity, many cities have adopted ordinances allowing beekeeping.
The common safety risk from beekeeping is bee stings and swarms of bees. However, according to local beekeepers’ associations, a swarm of bees is not harmful as long as it is managed properly and is not disturbed. Beekeeper’s associations provided the following measures to minimize issues of public safety and health:
1. Hives should be placed in a quiet area and not directly against neighboring property.
2. The property should provide a “flyaway” barrier, such as a solid fence or dense plant barrier of six feet in height.
3. The entrance to the hive should be oriented away from entrances and walkways and toward the most distant property line, especially if there is no fence or flyaway barrier. A clear flight path should be maintained at least ten feet from the hive entrance.
4. Honeybees require an easily available and dependable source of water.
Beekeeping can be an appropriate residential activity if adequately regulated. Cities that have adopted ordinances pertaining to bees have enacted performance standards to regulate beekeeping activities. Many of these cities have a permitting process through which residents can register their beehives. In addition to registering their hives with the City, beekeepers must
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AGENDA #5.2
register their hives with Contra Costa County Department of Agriculture. The City does not currently have a registration process for beekeeping.
Staff recommends that the Policy Committee review the staff report, current Zoning Ordinance on beekeeping (Attachment A), and the proposed changes presented in Mark Armstrong’s letter (Attachment B) and provide direction on how to proceed. The City is currently updating the General Plan with the goal of preparing an update to the Zoning Ordinance in 2024; the ZO update provides an opportunity to modify the current standards for beekeeping. Staff is seeking direction on if/how to proceed with updating local beekeeping policies through the Zoning Ordinance update.
FISCAL ANALYSIS
Potential fiscal impacts would depend on whether the City chooses to implement a registration process and collect a fee for beekeeping.
NEXT STEPS
Staff will provide additional information to the Policy Committee if necessary for further discussion or prepare a necessary staff report to bring the subject to the Planning Commission for consideration as part of the Zoning Ordinance update in 2024.
ATTACHMENT
Attachment A Zoning Ordinance and Land Use Table
Attachment B Letter from Mark Armstrong dated July 30 2020
5.2 Packet Pg. 16
Definitions D8
Division D8 – Glossary – February 28, 2020 8-18
Electric Vehicle (EV) Charging Stations (Accessory) consist of EV charging stations located in existing commercial, mixed use, office or multifamily developments that are available for use by the public. They are typically associated with existing parking spaces where the number of charging stations does not to exceed 5% of the total number of onsite parking spaces. Where the proposed installation of EV charging stations is greater than 5% of the total number of spaces, a Minor Use Permit is required unless the higher EV charging station percentage is required by the State (California Green Building Standards) or local code.
Emergency Shelter. A facility for the temporary shelter and feeding of persons, operated by a public or non-profit agency during emergency operations as defined in Municipal Code Division A8, Chapter I (Emergency Organization and Disaster Council).
Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Equestrian Facility. A commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in the definition of “Animal Husbandry." Equipment Rental. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include "Construction and Heavy Equipment Rental," which is separately defined.
Extended Hour Retail. A business that is open to the public between the hours of 10:00 p.m. and 7:00 a.m. within 100 feet of a residential zone.
F. Definitions, "F."
Farm Animal Keeping. The keeping and raising of animals common to farms (e.g., beekeeping – apiary, cows, goats, horses, etc.) for personal use.
Farm Supply and Feed Store. A retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, and other operations and processes pertaining to farming and ranching. Includes the sale of small animals such as chicks and/or other animals authorized by Use Permit approval. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of "Construction and Heavy Equipment Sales and Rental."
Farmers Market. The temporary use of a site for the outdoor sales of food and farm produce items, in compliance with California Food and Agriculture Code Section 1392 et seq.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fence. A constructed, un-roofed barrier of wood, metal, masonry, or other material as allowed by this Zoning Ordinance, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site. Includes masonry walls.
1. Open Wire Fence. A fence through which fenced areas remain visible because of the wire mesh used for the fence. Includes chain link fencing, deer fencing, etc.
2. Safety Fence. A fence constructed to prevent access to a hazard or hazardous area.
3. Razor or Concertina Wire. Sharp fencing materials that are designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate.
Farm Animal Keeping. The keeping and raising of animals common to farms (e.g., The keeping and raising of animals common to farms (e.g., beekeeping – apiary, cows, goats, horses, etc.) for personal use.
ATTACHMENT A5.2.a
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Attachment: Attachment A Zoning Ordinance and Land Use Table (4153 : Beekeeping) Residential Zones D2
Division D2 – Allowable Land Uses and Zone Standards – Effective February 28, 2020 2-9 TABLE 2-1
Allowed Land Uses and Permit Requirements
for Residential Zones
P Permitted Use, Zoning Clearance may be
required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific Use
Regulations RC HR RE RS RM RMH RH RVH
AGRICULTURAL & OPEN SPACE USES
Agricultural accessory structure P P P — — — — — D4-26
Farm animal keeping - less than 1 acre — — — — — — — —
Farm animal keeping - max. 2 heads on 1 acre or greater P P P — — — — — Farm animal keeping - 3 heads or more on 1 acre or greater MUP MUP MUP — — — — — Crop production, horticulture, orchard, vineyard MUP MUP MUP — — — — —
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Golf course, country club UP UP UP UP — — — —
Equestrian facilities UP UP UP — — — — —
Library, museum, gallery — — — — — — UP UP
Meeting facility, public or private UP UP UP UP UP UP UP UP Park and recreation facilities, noncommercial UP UP UP UP UP UP UP UP Private residential recreation facility (in project) — — MUP MUP MUP MUP MUP MUP Schools, public or private — — UP UP — — — —
Key to Zoning District Symbols
RC Rural Conservation RM Medium Density Residential
HR Hillside Residential RMH Medium-High Density Residential RE Residential Estate RH High Density Residential
RS Single-Family Residential RVH Multi-Family Very High Density Notes:
(1) See Division D8 for land use definitions.
ATTACHMENT A 5.2.a
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Attachment: Attachment A Zoning Ordinance and Land Use Table (4153 : Beekeeping) 1 Shah, Salmana
From: Shah, Salmana
Sent: Monday, January 25, 2021 1:12 PM
To: Shah, Salmana
Subject: FW: Process question
Attachments: 20200729 Proposed San Ramon Beekeeping Ordinance.docx; ATT00001.htm From: MARK ARMSTRONG <[email protected]>
Sent: Wednesday, July 29, 2020 4:33 PM
To: Chamberlain, Debbie <[email protected]>
Subject: Re: Process question
Debbie,
Attached is my proposal for a change to the zoning ordinance regarding beekeeping in some residential areas (detached single family residences > 6000sf).
I am a member of the Mount Diablo Beekeepers Association and have consulted with local club leadership and local members. I have reviewed the minutes of planning commission and city council meetings from the last big push for a change in 2013. I saw that you were involved in all those discussions so I know you are quite familiar with the issue! I missed all the fun back then but heard that bees and chickens always arouse a hearty debate.
I considered the concerns from the previous debate and tried to incorporate reasonable language into the proposal to accommodate those with concerns, some of whom still are serving on the commission and council.
I am admittedly not a local ordinance writer and my experience has been 40+ years of military and federal service. But my approach was to do the background work and propose something to review and comment on in the best format I thought was consistent with San Ramon’s existing Allowable Land Use guidelines, and not just throw another citizen "good idea" at the city for the staff to figure out from scratch.
Basically I took the format used for chickens, a separate chapter, and made a chapter with standards for beekeeping and suggest how to modify the Table of Allowable Land Uses.
I hope you will keep and open mind about this and advise me on the best way to get this before the planning commission or city council. A lot of people would love to see a favorable outcome.
Mark
925-557-9230
ATTACHMENT B 5.2.b
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping) Proposal to Allow Beekeeping in San Ramon Residential Zones Purpose: To obtain approval for limited beekeeping on qualified residential properties less than one acre.
Background:
• San Ramon does not currently allow beekeeping for personal or hobby use on residential properties less than 1 acre
• San Ramon’s last detailed review of residential beekeeping was in 2013 • Opinions for and against residential beekeeping were voiced during open 2013 Planning Commission and City Council meetings by citizens, commissioners and councilmembers • Past objections included: comments that bees are farm animals, should only be allowed on properties greater than 1 acre, concern about aggressive bees and confusion with yellow jackets or wasps, too many hives per neighborhood, swarm removal and access to water.
Discussion:
• In the seven years since the last review, honey bee populations have suffered heavy winter and summer losses (40% U.S. loss 2019-2020)
• It is estimated that more than 1/3 of U.S. food crops are pollinated by bees • Bees are considered by some scientists as the most important living thing on the planet • A large number of residents have vegetable and flower gardens and fruit trees in their private backyards that greatly benefit from honey bee pollination • San Ramon’s beautiful city landscaping benefits from and provides benefits to pollinators such as honey bees, native bees, hummingbirds and butterflies • San Ramon’s diverse residents are increasingly bee-friendly favor ‘green’ local policies • Honey bees fly 2-4 miles when foraging to find nectar and pollen sources • Beekeeping is allowed in Pleasanton, Livermore, Walnut Creek, Fremont, Moraga, Lafayette, Pleasant Hill, San Francisco, San Jose, Oakland and several other Bay Area cities. If not specifically prohibited, beekeeping is allowed in most cities. • Honey bees are naturally docile and only defensive when threatened • Swarming can occur in spring and volunteers from Mount Diablo Beekeeper’s Association are responsive to collect the passive bee swarms. Several members reside in San Ramon • Swarming urge can often be mitigated by responsible beekeepers • Bees are the only living beings who do not carry any type of pathogen (a bacterium, virus, or other microorganism that can cause disease)
Recommendation: Adopt standards for beekeeping in qualified San Ramon residential zoning districts as written in the attached proposed new chapter for the San Ramon Zoning Ordinance summarized below:
• Limits 2 hives per property 6000 sf or greater and an additional hive per 2500 sf increments • Defines allowed locations on properties and requirements or restrictions for flyway barriers, proximity to property lines or public right of ways, max height, and water sources • Requires registration with Contra Costa County Agricultural Commissioner per CA law • Includes a nuisance clause
ATTACHMENT B5.2.b B
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping) Proposed new Chapter to San Ramon Zoning Ordinance
Division D4 - Standards for Specific Land Uses
Chapter ____– Beekeeping Apiary
Sections:
D4-__ – Purpose
D4-__ – Applicability and Standards
D4-__ – Reserved
D4-__ – Reserved
D4-__ – Purpose
This Chapter provides standards for the keeping of honey bees (apis mellifera) for personal, hobby, and non-commercial purposes within applicable residential properties while protecting the health, safety and general welfare of the community. Standards for beekeeping for commercial purposes are not included in this Chapter and are defined as “Animal Husbandry”.
D4-__ – Applicability and Standards
A. Permitted Areas. Beekeeping is permitted within allowed residential zoning districts, as listed in the Land Use Tables in Division D2, Table 2-1, with a lot size of 6,000 square feet or greater with direct access to a private yard.
B. Number of Beehives (Hives).
1. Up to two (2) hives may be allowed on residential properties with gross lot area between 6,000-9,999 square feet.
2. On any lot of 10,000 square feet in size or larger, more than two (2) hives may be kept, provided there is an additional lot area of 2,500 square feet for each hive, not to exceed 10 hives.
3. Up to 10 hives are permitted for non-commercial beekeeping on properties greater than 1 acre.
4. One small nucleus hive may be temporarily kept for each honey bee hive permitted on a parcel.
C. Hive. A hive or a structure for housing honey bees shall meet the following standards:
1. Shall be located in the rear or side yard and shall not be located within the front yard, or the exterior side yard setback.
2. Hives shall be placed in a location such that beekeeping activities do not adversely impact neighboring properties.
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping)
3. When kept within a series of rectangular bee boxes or similar non-permanent containers less than six feet in height, shall be set back a minimum of (5) five feet from property lines.
4. Buildings or structures housing honey bee colonies shall comply with the accessory building and accessory structure setbacks of the applicable zoning district.
5. Flyway Barrier. Wherever a honey bee colony is less than one hundred (100) feet from a neighboring residence or outdoor living area a flyway barrier is required. The flyway barrier shall be a. A minimum six feet high, consisting of a solid wall or fence or dense vegetation, and b. A minimum of twenty (20) feet long, centered on and perpendicular to the shortest line that could be drawn between the honey bee colony and the neighbor's residence or outdoor living area.
6. If the landing platform of a hive faces and is within ten (10) feet of any lot line, there shall be a flyway barrier, consisting of a fence, structure or plantings not less than six (6) feet in height, located in front of the hive.
7. A hive shall not be placed within twenty-five (25) lineal feet of any public street, sidewalk, or other public right of way or private street.
8. The maximum height of a hive shall be no taller than six (6) feet.
D. In all instances:
1. There shall be a minimum one (1) adequate and accessible water source provided on the property and located within fifty (50) feet of the hive(s). Adequate sources of water provide both an amount of fresh water necessary for the amount of honey bee colonies and a method for the honey bees to be able to gain a good footing to obtain the water. Adequate water sources must be in place prior to hives being placed on the property to ensure that the bees primarily use the provided water source and do not seek out water sources on neighboring properties prior to the arrival of their own water source.
2. Each colony shall be maintained in movable-frame hives.
3. Apiaries shall be registered with the Contra Costa County Agricultural Commissioner as required by Article 4 of Chapter 1 of Division 13 of the State of California Food and Agricultural Code (FAC).
E. Public Nuisance. Honev bees or honey bee colonies shall be considered a public nuisance subject to applicable provisions of the San Ramon Municipal Code if any of the following continually occur:
1. Honev bees exhibit unprovoked defensive behavior against humans or animals.
2. Honev bees interfere with the normal use of neighboring properties including detrimental impacts to property values or human health or safety.
3. Hives become abandoned by the property owner.
D4-__ through D4-__– Reserved
Division D4 – Standards for Specific Land Uses – Effective February 28, 2020 4-65 ATTACHMENT B B 5.2.b
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping) Other Recommended Changes:
DIVISION D8
GLOSSARY
NO CHANGE to definitions below:
Animal - Domestic. Any animal customarily kept by humans, including but not limited to dogs, cats, birds, rabbits, hamsters, fish, mice, turtles, and other animals as determined by the Zoning Administrator, incidental to a residential use. Does not include roosters, which are separately defined under “Animal Husbandry”; hens which are separately defined under “Chickens, raising of”; and honey bees which are separately defined under “Beekeeping – Apiary”.
Animal Husbandry. The raising and keeping of farm animals (e.g., cows, goats, sheep, chickens including roosters, honey bees, etc.) for commercial purposes within allowable zoning district as listed in the Land Use Tables in Division D2.
Beekeeping – Apiary. A place in which a colony or colonies of honey bees are kept in beehives. (As a hobby for personal purposes, an apiary shall consist of no more than ten (10) hives, and for commercial purposes, an apiary may consist of over ten (10) hives.)
Chickens, raising of. Raising of hens (roosters prohibited) for personal and non-commercial purposes as a hobby or household pets within applicable residential properties.
ADD the following new definitions to provide clarity to terms in the new proposed Beekeeping-Apiary Chapter:
Hive. A structure for housing a colony of honey bees including non-permanent boxes, moveable frames, bottom boards and top covers, and other items required to responsibly manage honey bee colonies.
Honey bee colony. An aggregate of bees consisting principally of workers, but having, when perfect, one queen and drones, including brood.
Nucleus colony. A small honey bee colony of a few thousand honey bees with a queen, created from larger colonies and typically temporarily kept within a smaller size box.
GLOSSARY: CHANGE recommended for the definition “Farm Animal Keeping” to delete reference to beekeeping – apiary because it disallows beekeeping for personal use on properties smaller than 1 acre in Table 2-1 if left as part of Farm Animal Keeping definition:
Farm Animal Keeping. The keeping and raising of animals common to farms (e.g., beekeeping – apiary, cows, goats, horses, etc.) for personal use.
ATTACHMENT5.2.b B B
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping) Proposed Change to Table 2-1 San Ramon Zoning Ordinance TABLE 2-1
Allowed Land Uses and Permit Requirements for Residential Zones INSERT a Line after “Animal Domestic” and before “Chickens, raising of”:
Land Use Specific Use
Residential Uses RC HR RE RS RM RMH RH RVH Regulations
Beekeeping - Apiary P P P P -- -- -- -- D4 Chapter
TBD
ATTACHMENT B5.2.b
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping) ATTACHMENT B5.2.b
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping) Reference from San Ramon Zoning Ordinance
ATTACHMENT B5.2.b
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Attachment: Attachment B Letter from Mark Armstrong dated July 30 2020 (4153 : Beekeeping) AGENDA #5.3
POLICY COMMITTEE STAFF REPORT
DATE: October 25, 2023
TO: Policy Committee/City Manager
FROM: Martin Lysons, City Attorney
By: Martin Lysons, City Attorney
SUBJECT: Policy Discussion: Proposed Safe Firearms Storage Ordinance
EXECUTIVE SUMMARY
The City has received numerous requests, by email and during Public Comment at recent City Council meetings, for the City to adopt an ordinance to enhance safe storage of firearms within residences in San Ramon. In response, the Council has asked staff to review similar ordinances that have been adopted in other jurisdictions and to present a draft San Ramon ordinance to the Policy Committee for its consideration.
Under California Penal Code § 25100, a person is guilty of “criminal storage of a firearm in the third degree” if the person keeps any firearm within any premises that are under the person's custody or control and negligently stores or leaves a firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian, unless reasonable action is taken by the person to secure the firearm against access by the child. If, as a result, a child or prohibited person takes actual possession of a firearm or takes possession and causes injury, the charge may be “criminal storage of a firearm” in the second or first degree, which carry stiffer penalties.
The proposed ordinance, attached as Exhibit A, eliminates the question of whether a gun owner should have “reasonably known” that a child or prohibited person was likely to access the firearm and requires safe storge of the firearm irrespective of whether a child is likely to be present. Various counties and cities in California, including Contra Costa County and the cities of Antioch, Dublin, Pleasanton, and Walnut Creek, have adopted similar ordinances to the attached proposed ordinance.
If adopted, the proposed ordinance will be added to Chapter XIII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code (SRMC), with enforcement as either an infraction or a misdemeanor under SRMC Section A1-32 (Violation-Penalty). Accordingly, a violation of this new section will be an infraction, punishable by a $100 fine (per firearm) for the first violation and greater fines for repeat violations within a calendar year. If a person violates the ordinance more than three times in any 12 -month period, or if the violation includes elements of reckless endangerment, the City will have the option of charging the violation as a misdemeanor.
RECOMMENDED ACTION
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AGENDA #5.3
Consider an ordinance amending Chapter XIII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code to require the safe storage of firearms in a residence. Provide direction to staff to present the Ordinance to the full City Council with the Committee’s recommendation.
BACKGROUND/DISCUSSION
A 2017 Pew Research Center survey found that 42% of adults live in a gun-owning household.
Roughly a third of homes in the United States with children have guns, and an estimated 4.6 million children live with unlocked, loaded guns in the home. The Centers for Disease Control and Prevention report that in 2020 there were 45,222 firearm-related deaths in the United States, and 54% (22,292) of the firearm-related deaths were suicides. According to a 2008 report published in the New England Journal of Medicine, living in a home where there are guns increases the risk of death by homicide by between 40% and 170% and the risk of suicide by 90% to 460%.
California Penal Code Section 25100 makes it a crime for a person to store a firearm negligently or leave a firearm in any location within premises under the person’s custody or control, and to do so when the owner knows, or should know, that a child is likely to gain access to it without a parent or guardian’s permission, unless reasonable action is taken by the person to secure the firearm against access by the child. The penalties increase if (1) a person keeps any firearm within any premises under the person’s custody or control, (2) if the person knows or should know that a child is likely to gain access to the firearm without the permission of a parent or guardian, or that a person prohibited from possessing a firearm or deadly weapon under state or federal law is likely to gain access to the firearm, and (3) the child, or person prohibited from possessing a firearm, obtains access to the firearm and causes injury to themselves or another person, or carries the firearm to a public place. The penalties further increase if the child, or person prohibited from possessing a firearm, causes death or great bodily injury to themselves or another person.
If the firearm is kept in a locked container or in a location that a reasonable person would believe to be secure, or if the firearm is locked with a locking device rendering the firearm inoperable, then Penal Code Section 25100 does not apply.
Existing state law requires that, except for certain exemptions, any firearm sold or transferred in California by a licensed firearms dealer and any firearm manufactured in California, shall include or be accompanied by a firearm safety device that is listed on the Department of Justice’s roster of approved firearm safety devices and identified as appropriate for that firearm.
Currently, no state law requires safety devices, such as lock boxes or trigger locks, to be used on all firearms stored in a residence. Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission.
Applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of unauthorized users, including children, from accessing and using firearms, thereby reducing the risk of unintentional discharges, firearm theft, gun-related homicides, and suicides. Multiple
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AGENDA #5.3
advocacy groups strongly recommend safe storage measures in homes with children and teenagers where guns are stored.
Several California jurisdictions have adopted “safe firearm storage” ordinances to bolster firearm safety in the home. Safe storage ordinances are in effect in multiple Bay Area municipalities, including Contra Costa County, Antioch, Alameda, Belvedere, Berkeley, Dublin, Moraga, Oakland, Orinda, and San Francisco.
The proposed ordinance would require any person in a residence in San Ramon to store firearms in a locked container or disable them with an appropriate safety device. The requirements of the ordinance would not apply when a firearm is legally carried on the person, or otherwise in his or her immediate possession and control, nor when the firearm is in the immediate possession and control of a peace officer. To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code section 25250, by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen, would not be prosecuted for a violation of the ordinance. A violation of the ordinance would be subject to enforcement through criminal prosecution as an infraction or misdemeanor, and each violation would be deemed a distinct and separate offense.
The ordinance seeks to balance the safety concerns associated with gun ownership and the privacy concerns of the gun owner. While it does go beyond the normal scope of law enforcement, the ordinance would not create an unreasonable burden to persons lawfully carrying and storing firearms in the home. That said, the applicability of the ordinance is somewhat limited. Because the ordinance regulates behavior in the home, the police department would not be able to observe actual violations except under very narrow circumstances. For example, an officer would have no authority to demand entry to a home to investigate a reported violation of the ordinance without consent of the owner. The practical benefit of the ordinance is that it fills a gap in existing law and eliminates the subjective “reasonably known” standard that is currently built into State Law, drawing a clearer line between lawful and unlawful storage.
CEQA
Adoption of the ordinance currently under consideration would not be subject to the California Environmental Quality Act under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the ordinance would have a significant effect on the environment.
FISCAL ANALYSIS
The decision of this Committee will not affect the General Fund.
NEXT STEPS
If the Committee elects to refer this ordinance to the full Council for introduction and adoption, staff will make a presentation at a future regularly scheduled Council meeting, including the committee’s recommendation on whether to adopt the ordinance. If the Committee elects not to present the ordinance to the full Council, no further action is required.
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AGENDA #5.3
EXHIBIT A-Proposed Ordinance
Adding Section B7-250 (Safe Storage of Firearms in a Residence Required) to Chapter XIII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code
Sec. B7-250. - Safe Storage of Firearms in a Residence Required.
A. No person shall keep a firearm (as defined in California Penal Code section 16520, as amended from time to time) in any residence in San Ramon owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code section 16850, as may be amended from time to time) or the firearm is disabled with a safety device listed on the California Department of Justice’s roster of firearm safety devices (as defined in the California Penal Code sections 16540 & 23635, as may be amended from time to time).
B. Exceptions:
1. Subsection (a) does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.
2. Subsection (a) does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of a peace officer (as defined in California Penal Code sections 830 et. seq, as may be amended from time to time).
3. To encourage reporting of lost or stolen firearms (as defined in California Penal Code section 16520, as may be amended from time to time), a person who complies with California Penal Code section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a).
C. It is not the intention of this Section to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.
D. Any person who violates any provision of this Section B7-250 shall be deemed guilty of a misdemeanor or an infraction.
1. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section A1-32.A of this Code.
2. If charged as a misdemeanor, the penalty upon conviction of such person shall be a fine, imprisonment in the county jail, or by both, as set forth in Section A1-32.B of this Code.
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AGENDA #5.3
3. Each violation shall be deemed a distinct and separate offense.
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