At its December 6 meeting, the Martinez City Council are set to talk Chickens, Bees and Trees regulations for the City of Martinez.
The move comes as they are working on an Ordinance after several city residents have expressed interest in ensuring that beekeeping and the keeping of small animals, such as chickens, is orderly and well-regulated within City boundaries.
To preserve local land use authority and provide clarity to the public, the City is proposing Zoning Text Amendments to include standards for these uses. The city also will look to regulate trees and shrubs on public property, while also regulating tree preservation, protection, and tree removal regulations for private property
According to the staff report, on October 19, 2023, the Franchise and Public Infrastructure Subcommittee received a presentation on the proposed changes to Chapters 8.08 and 8.12. The Subcommittee was generally in support of the changes. No public comments were received at the meeting.
On November 14, 2023, the Planning Commission unanimously adopted Resolution No. 23-16, recommending the City Council approve a Municipal Code Amendment and Zoning Text Amendment, subject to the following two modifications:
- Remove Coastal Redwood trees from the list of recommended trees
- Reduce the parcel size for the maximum of four chickens from 5,000 square feet to 4,000 square feet
Bees
The regulations would provide residents of Martinez guidance and best practices for beekeeping, including limits on the number of apiaries allowed as well as standards to follow when considering their location.
Proposed Standards –
- Quantity: Two apiaries per parcel, and one additional apiary for every 5,000 square feet of parcels in agricultural zoning districts
- Size: 2 feet x 2 feet x 6 feet
- Location: Rear Yard or Roof; Minimum of 5 feet from property lines; Minimum of 25 feet from public right-of-way and private street; and closer to primary residence on subject parcel than primary structure on adjacent parcel
Chickens
Under the current regulations: Quantity
- 20,000 square feet < 1 acre: 20 maximum
- Larger than 1 acre: no defined maximum
- R-1.5, R-2.5 and R-3.5 districts: Not permitted
Under the proposed regulations
- Parcel Size / Maximum number of chickens
- 4,000 square feet to 10,000 square feet= 4
- 10,001 square feet to 20,000 square feet = 6
- 20,001 square feet to 40,000 square feet = 8
- > 40,000 square feet = 16
The proposed Zoning Text Amendment maintains the prohibition of roosters to prevent excessive noise and potential nuisance to surrounding residents.
Trees
The City proposes an amendment to the Martinez Municipal Code to clarify existing tree regulations and to align the Code with current best practices
- Amend the definition of “protected tree” by:
- Measuring protected trees by diameter, rather than circumference;
- Removing Coast Red Elderberry;
- Including trees within the public right-of-way or a private access easement; and
- Including trees within the Downtown Specific Plan area.
- Establish a standardized tree replacement ratio of one 15-gallon replacement tree for each street tree removed, one 15-gallon replacement tree for each protected tree removed that is 24 inches in diameter or less, and two 15-gallon replacement trees for each protected tree removed that is greater than 24 inches in diameter. Allow the payment of an in-lieu fee, which is proposed to be codified with the next update to the User Fee Schedule.
- Establish a list of discouraged trees, including trees that may pose a fire hazard, are invasive, or may otherwise pose an impact.
- Establish a list of recommended trees that will be maintained by City staff (Attachment A)
City Council Meeting
December 6, 2023
7:00 pm
525 Henrietta Street, Martinez CA
Full Agenda
Agenda Item: Click here
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