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Home My WebLink AboutORD 1374 • ORDINANCE NO. 1374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS FOR COTTAGE FOOD OPERATIONS WHEREAS, the City of Baldwin Park ("City") currently permits and regulates the operation of in-home businesses which are referred to as "home occupation" uses under Baldwin Park Municipal Code ("BPMC") Sections 153.120.250 through 153.120.270; and WHEREAS, the State of California Legislature updated the Health & Safety Code regarding "cottage food operations"with Assembly Bill 1616 ("AB 1616"); and WHEREAS, AB 1616 requires all cities to allow cottage food operations as a permitted use in residential zones; and WHEREAS, "cottage food operations" are generally described as small food businesses that produce non-potentially hazardous foods (such as certain baked goods, candies, jams/jellies, dried pastas, dried fruits, and baking mixes) to operate out of a • private home with limited regulatory oversight, as long as certain criteria are met; and WHEREAS, under AB 1616, if the City requires cottage food operations to obtain a permit to operate, the City may only condition the issuance of that permit on "reasonable standards, restrictions and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes"; and WHEREAS, the City wishes to enact regulations for cottage food operations through its home occupation permit process which comply with the requirements of AB 1616; and WHEREAS, the City Council wishes to ensure the City complies with AB 1616 by exempting cottage food operations from certain regulations that otherwise apply to home occupation uses; and WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies to projects which "have the potential for causing a significant effect on the environment"; where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and zoning regulations do not constitute the approval of any development project, and will therefore not result in any physical change in the environment; and IP WHEREAS, on April 8, 2015, after conducting a properly noticed public hearing, the Planning Commission adopted Resolution No. PC 15-05 recommending that the City Council update the BPMC as it pertains to home occupation and cottage food operations; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 153 ("Zoning Code") Section 153.220.040 entitled "C Definitions" shall be amended to add, in alphabetical order, the following: "COTTAGE FOOD OPERATION. An enterprise with annual gross sales limits set forth under California Health and Safety Code Section 113758(a), operated by a Cottage Food Operator having no more than one full-time equivalent employee, conducted within a private home kitchen where the Cottage Food Operator resides, and where the Cottage Food Products are prepared or packaged for direct, indirect, or direct and indirect sales pursuant to Section 113758 of the California Health and Safety Code. A Cottage Food Operation may engage in the following sales activities subject to approval from the Los Angeles County Department of Public Health: A. Class A Cottage Food Operations may engage only in direct sales of Cottage Food Products including direct sale venues such as temporary events. Door to door sales shall be prohibited. (See definition of"Direct Sales" at section 153.220.050.) B. Class B Cottage Food Operations may engage in both direct and indirect sales of Cottage Food Products such as a permitted third-party retail food facility. (See definition of"Indirect Sales" at section 153.220.100.) COTTAGE FOOD OPERATOR. An individual who owns or operates a Cottage Food Operation in his or her private home kitchen. COTTAGE FOOD PRODUCTS. Foods specifically listed as cottage foods approved by the California Department of Public Health and posted on its Internet Website and that are prepared for sale in the kitchen of the permitted area of a Cottage Food Operation. This lists includes certain non-potentially hazardous foods. Typical food items include baked goods without cream, custard or meat fillings; candies; dried fruits and pastas; fruit pies; cereals; herbs; honey; jams and jellies; nuts; popcorn; roasted coffees and dried teas. SECTION 2. Chapter 153 ("Zoning Code") Section 153.220.050 entitled "D Definitions" shall be amended to add, in alphabetical order, the following: DIRECT SALES. A transaction between a Cottage Food Operator and a consumer, where the consumer purchases the Cottage Food Product directly • from the Cottage Food Operator. Examples include, but are not limited to, holiday • bazaars, temporary events, bake sales, food swaps, certified famers' markets and community-supported agricultural subscriptions. SECTION 3. Chapter 153 ("Zoning Code") Section 153.220.090 entitled "H Definitions" shall be amended to add, in alphabetical order, the following: HOME OCCUPATION. Any commercial activity conducted entirely within a particular dwelling unit by the inhabitants of such dwelling unit. HOME OCCUPATIONS are incidental uses that do not change the character of the dwelling unit nor adversely affect permitted uses in the surrounding area. HOME OCCUPATIONS include Cottage Food Operation uses. SECTION 4. Chapter 153 ("Zoning Code") Section 153.220.100 entitled "I Definitions" shall be amended to add, in alphabetical order, the following: INDIRECT SALES. An interaction between a Cottage Food Operator, a third party retailer, and a consumer; where the consumer purchases Cottage Food Products made by the Cottage Food Operation from a third party retailer. A third party retailer is a permitted retail food facility, such as a restaurant, grocery or food market that holds a valid operating permit from the County of Los Angeles in accordance with California Retail Food Code section 114381. SECTION 5. Zoning Code Sections 153.120.250 through 153.120.270 of the BPMC are • hereby deleted and shall be replaced to read in their entirety as follows: "Part 8. HOME OCCUPATIONS § 153.120.250 INTENT AND PURPOSE. The purpose of regulating home occupations is to recognize the need of some homeowners and cottage food operators to operate small businesses and cottage food operations from their home, and to provide a means of ensuring that adverse impacts, due to the mix of residential and commercial or professional uses, are mitigated to preserve the character of the residential area. The County of Los Angeles shall administer all County regulations and standards related to the health and safety and sanitation of food facilities within the jurisdiction of the City of Baldwin Park. The City shall administer the laws set forth in this Chapter relating to Cottage Food Operations. Nothing in this Chapter shall be construed as waiving or limiting the application of local and state regulatory standard for the health, safety and sanitation of food facilities within the jurisdiction of the City of Baldwin Park. § 153.120.260 PERMIT REQUIREMENTS. A. To establish a home occupation which does not fall within the meaning of • Cottage Food Operation as defined by BPMC § 153.220.040, a "Home • Occupation Permit" shall be obtained from the Business License Department, in addition to all other required licenses and permits. B. To establish a home occupation which falls within the meaning of Cottage Food Operation as defined by BPMC § 153.220.040, a "Cottage Food Operation Permit" shall be obtained from the Business License Department upon payment of a fee as set forth from time to time by resolution of the City Council, in addition to all other required licenses and permits. § 153.120.270 USE REGULATIONS. A. The use of a home occupation which does not fall within the meaning of Cottage Food Operation as defined by BPMC § 153.220.040, shall comply with the following regulations: 1. No Display or Storage. No display or storage of goods, wares, merchandise or stock in trade shall be maintained on the premises. 2. Occupancy Employment. No one other than persons residing on the lot where the home occupation is located may be regularly employed in such occupation. 3. Dust, Fumes, Noise, and Odor. No equipment used in 411 conjunction with such occupation that emits dust, fumes, noise or odor, which could interfere with the peaceful use and enjoyment of adjacent properties is permitted. 4. Floor Space Limit. Not more than 150 square feet of floor space of the dwelling shall be devoted to the home occupation. 5. Traffic. No appreciable increase of traffic, pedestrian or vehicular shall result from such occupation. 6. Signage. No sign not otherwise permitted in the zone in which the occupation is located shall be used. B. The use of a home occupation which falls within the meaning of Cottage Food Operation as defined by BPMC § 153.220.040, shall comply with the following regulations: 1. Spacing. No Cottage Food Operation shall be approved if: (1) the property line of the site of the proposed use is located within 300 feet on the same street or the corner of a cross-street of the property line of any single family home where another Cottage Food Operation is located; or (2) if the proposed use is located within the same building of an apartment complex or other multi-family housing (i.e. condominium or townhomes) where another Cottage Food Operation exists. 2. Employee. Only one (1) employee, paid or unpaid, shall be permitted. This shall not include family members or a household member of the Cottage Food Operator. 3. Parking and Loading Requirements. A) For single family homes, parking spaces in the property's garage or carport (if present) and driveway shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, a parking space for an employee, if an employee is present, and one parking space for customers if direct sales on the property are proposed. B) For apartments and multi-family developments, the Cottage Food Operator's designated space(s) shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, parking spaces for an employee if employee is present, and one parking space for customers if direct sales on the property are proposed. On-site parking in an apartment complex or other multi-family residence requires approval from the property owner, landlord, homeowners association or property manager. C) On-street parking spaces may be used for persons picking-up and/or delivering materials for the Cottage Food Operation and third party retailers coming to the property if proposed. D) If the proposed Cottage Food Operation will involve loading of food products into vehicles, such loading may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from 8:00 a.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturdays and Sundays. Vehicles shall not idle when being loaded. 4. Noise Control. Cottage Food Operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property by Chapter 153 of this Code. 5. Size. Cottage Food Operations shall occupy no more of a residence than the lesser of: (1) thirty percent (30%) of the floor area of the dwelling excluding the garage area; or (2) the area permitted by the Department. 6. No Signage. Cottage Food Operations shall not install or post signage or advertisements identifying the Cottage Food Operation at the site or building where the Cottage Food Operation is located. 7. No Outdoor Sales. No outdoor sales or on-site sales shall be • allowed at the site of the Cottage Food Operation. • 8. No dining. If direct sales are proposed at the site of the Cottage Food Operation, no third parties or customers shall be permitted to dine at the Cottage Food Operation. 9. Code Requirements. While the use of a residence for a Cottage Food Operation shall not constitute a change of occupancy for purposes of building and fire codes, to the extent that building modifications are proposed (e.g. more walls for storage areas, new electrical panel for range) the Cottage Food Operation shall meet all Requirements of Chapter 150 (Building) of this Code. 10. Operational Requirements. Cottage Food Operations shall comply with the operational requirements as set forth in California Health and Safety Code Section 114365 et seq." SECTION 6. The addition to Section 153.220.040 of this Code and the addition of Sections 153.120.250 through 153.120.270 are intended to supplement Chapter 153 of the Baldwin Park Municipal Code. Except as expressly modified pursuant to this Ordinance, all other provisions of Chapter 153 shall remain unmodified and in full force and effect. All ordinances in conflict with the provisions hereof are superseded to the extent of such conflict. SECTION 7. If any section, ' subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. This Ordinance shall be effective thirty (30) days after its enactment. PASSED AND APPROVED ON THE 2nd day of S- • ember, 2015 UEL LOZANO, MAYOR ATTEST • fd API ALEJAN RA AVILA, 411 CITY CLERK \ZA -• • - A • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on August 19, 2015. Thereafter, said Ordinance No. 1374 was duly approved and adopted at a regular meeting of the City Council on September 2, 2015 by the following vote: AYES: COUNCILMEMBER: BACA, GARCIA, LOZANO, PACHECO, RUBIO NOES: COUNCILMEMBER: NONE. ABSENT: COUNCILMEMBER: NONE. ABSTAIN: COUNCILMEMBER: NO • ggit ...d I ALEJAND AVILA, CITY CLERK • ox, s:\ S A s N 4*14\ •