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Vice-Mayor Brown asked and Mr. Weinstein confirmed that the Planning Commission made no recommendation regarding minimum lot sizes, which both Fremont and Livermore require. She noted that the Downtown Specific Plan Area contains businesses and restaurants, which is quite different from agricultural settings, and asked why that would be considered an appropriate area for beekeeping. Mr. Weinstein explained that the area contains a good number of detached single-family properties as well. As demonstrated in a number of other cities, beekeeping can be successful even in pretty densely populated mixed-use environments including those with parks, restaurants and schools. While staff feels that the performance measures minimize any potential for nuisance, residents and business owners within the notification area are free to register their objections to an application. Vice-Mayor Brown asked and Mr. Weinstein confirmed that staff would seriously consider all objections, including those not related to a reasonable medical claim. She asked why the R-1 and R-M zones are called out separately within the Downtown Specific Plan Area. Mr. Weinstein explained that some single-family residential properties in the area have different zoning. Vice-Mayor Brown noted that the Commission discussed that the permit fee of $150 does not cover staff costs. She asked what would be sufficient to recover costs any why staff is looking at a fee that is insufficient. Community Development Director Dolan explained that the fee is based on an existing fee that is similar in terms of the level of staff effort required. Staff feels that if there is a movement towards cost recovery when the Council takes up its comprehensive discussion regarding fees, it would be more appropriate to adjust fees collectively rather than to cherry pick this particular fee out. Vice-Mayor Brown asked if either the Fire or Police Departments indicated any concern regarding entering yards with known hives. Mr. Weinstein confirmed that the Police Department was consulted. While no concerns were expressed along that line, staff does intend to purchase protective gear for the code enforcement officer administering monitoring should they desire it. Vice-Mayor Brown asked if there is a concern that small children could disturb a hive and sustain injury. Mr. Weinstein said there is a concern, but it is up to each property owner to decide for themselves how to protect both their hives and their families. Vice-Mayor Brown referred to the Planning Commission minutes and asked how staff interpreted the Commission's direction to allow staff the discretion to approve taller hives under certain circumstances. Mr. Weinstein referred again to topographical characteristics or some other feature such as a large lot or wall which could accommodate a hive taller than 4 feet including the base. The Commission requested clarification on what constitutes a hive. Mr. Weinstein again explained that a stack of boxes, regardless of their number, including the base, and not exceeding 4 feet is considered one hive. Mr. Weinstein also clarified that the flexibility described by the Commission would potentially allow for taller, but not necessarily more, hives. He also explained that the 4 foot height limit is intended to reflect a reasonable relationship between the hive and the height of the flyaway barrier. Taller hives would typically require taller walls, which is not generally desirable. Mayor Thorne opened the public hearing. City Council Minutes Page 9 of 12 February 17,2015