Over-the-counter process for prospective keepers recommended to City Council

Few on the Benicia Planning Commission wanted prospective urban beekeepers to pay for 500-foot notification of their intent to establish a backyard hive, or to have to undergo public hearings and other delays.

But few were satisfied, however, with beekeepers simply filing information with Solano County agriculture officials without any contact with Benicia city staff or neighbors.

While some on the panel wanted assurances that neighbors would be told about prospective apiaries and be given a say in the matter, others worried that it could lead to those neighbors deciding what someone could and couldn’t have in one’s own yard.

The compromise, achieved at Thursday’s meeting, was to recommend the City Council approve an ordinance that would allow beekeeping in all Benicia zoning districts by those keeping to best practices for hive health, while encouraging notification of adjacent neighbors and including an over-the-counter permit process for a minimal fee.

Panelists also called for the matter to be reexamined in a year to determine whether any modifications need to be made.

The panel’s recommendation would extend to other districts the opportunity to keep bees, a practice that had been limited only to open space zones since the Council amended its animal control ordinance in 2007, during which it copied Riverside’s law that excluded beekeeping because of that city’s concerns about more aggressive Africanized bees, sometimes called “killer” bees.

However, if the Council agrees with the commission’s recommendation, those operating hives in open space zones would need to go through the same process as those keeping bees in other districts.

Special counsel Mark Boehme had offered two alternatives to the panel in response to the Council’s Jan. 20 request to draft a simplified ordinance that would set standards for the practice. After contacting the closest beekeeper organization, Napa County Beekeepers’ Association, he responded with one option that expanded the right to keep bees in any zoning district.

That option limited the number of hives depending on a lot’s size; forbid beekeeping in such multi-family housing as apartments, mobile home parks and condominiums; and required beekeepers to register with the county’s agriculture commissioner either by Jan. 31 or within 30 days of the apiary’s arrival, in compliance with state law. California Food and Agriculture Code establishes where hives may be placed and how they are to be identified, Boehme explained.

The other alternative he drafted would have required a permit, including notification of any property owner within 500 feet of the applicant’s property lines.

Approval of the permit would have come from the police chief, and enforcement would be in response to complaints, primarily involving the city animal control officer. The police chief would notify not only the applicant but also neighbors within 500 feet of the site of the beekeeping operation, and city planning staff would determine whether the hives and other associated structures were placed correctly on the lot.

That permit would be issued to the applicant, but would not remain with the property if it were sold, and could be revoked permanently without possibility of appeal after a public hearing of complaints.

Benicia Community Gardens Director Elena Karoulina told the commission she has given the city a petition with 140 signatures endorsing local beekeeping, explaining that “our primary interest is food production. Without bees, it’s not as effective.” In addition, she said, her organization has offered counsel from experienced beekeepers to answer specific questions about the practice.

She said she had hoped the panel would agree with city employees’ suggestion not to require a permit, saying, “If a beekeeper is not responsible, the (permit) fee won’t help.”

Commissioner Steve Young reminded the panel that colony collapse and the decline of bees is “a worldwide crisis,” and recommended doing “anything to develop more bees.

He said he was willing to table the discussion until an expert could attend a meeting. However, Commissioner Susan Cohen Grossman, who said she kept bees during college, provided some of the guidance he and others sought.

Commissioner Suzanne Sprague described how she had been attacked by bees during an outdoor excursion, and admitted she was “terrified” of the insects.

“I’m not against bees. I think they’re important.” But she was among those that favored requiring a permit for the practice. “If someone has hives next to me, I’d like to have a say,” she said, and asked whether the city could be liable for any bee incidents.

But Benicia already has bees, Cohen Grossman said. “There are natural bee hives in the city — in holes in the trees.” In contrast, hives of less-aggressive honeybees are managed, a situation she said is “better than natural hives.” Honeybees are focused on getting food and making honey in their hives, not on swarming.

Her own experience taught her how labor-intensive beekeeping is, and how mindful a keeper must be that there is enough food for the insects to remain happy. She said it is more likely that residents would allow commercial beekeepers to set up apiaries in their yards rather than manage the hives themselves.

The 2007 law sounded like a “glitch,” she said. “I’m embarrassed it’s banned … I support anything allowing the keeping of bees in bee hives.”

One resident, Claudia Claverie, said she wants a hive in her yard soon, less for honey and more for the pollination of plants.

She told the commission she has a garden and multiple citrus trees along with apple, pear, cherry and peach trees that don’t produce because bees aren’t pollinating them. “There are not enough wild bees,” Claverie said.

Sue Kibbe gave the commission copies of St. Helena’s permit requirements, a document for which there is no charge but one that assures the city that applicants are familiar with beekeeping skills.

Lori Cannon, another resident, urged the commission to adopt an ordinance banning pesticides associated with colony collapse.

She asked for statistics on how many children in Benicia are allergic to bee stings. “I’m for bees, but not for a child going into anaphylactic shock.”

She reminded the panel that whether beekeeping is condoned, Benicia will have bees. Whether from a wild or apiary honeybee, “if you get stung, you would be stung,” she said.

Chuck Maddux said he also was concerned about the “interaction between bees and humans,” particularly in the downtown area that attracts tourists. “You have to get some help here about how urban beekeeping works,” he said. Calling the change “a big deal,” he urged the commission to recommend permits for beekeeping.

Vice Chairperson George Oakes said he saw the value of requiring a permit. “We need to know where and when they are,” he said. As for a permitting fee, “nothing is free,” he said.

Newly appointed Commissioner Kari Birdseye said she favored requiring permits. But Commissioner Rod Sherry expressed concern about adding layers of government requirements when keepers already have to register with the county.

“I want us to have bees,” he said, adding he had no objection to keepers telling neighbors about prospective hives. “I hate the idea of a permit,” he said, adding, “The permit process is cumbersome for the applicant and city staff.”

And, permit or no permit, enforcement primarily would be the same, handled by the animal control officer either after receipt of a complaint or when the officer sees something amiss, city employees told the panel.

“It doesn’t have to be all or nothing,” Principal Planner Amy Million said of the panel’s recommendation.

She suggested they could craft a hybrid recommendation that would provide the city with information that a person intends to keep bees, but without the 500-foot formal notification process.

“This is an urban area. Registering hives I would support,” Cohen Grossman said. “A lot of people are terrified of bees. There’s a lot to learn about bees and the expertise to keep them properly. If done right, it’s a benefit.”