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