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STAFF REPORT
2 PLANNING COMMISSION
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DATE: October 28, 2014
TO: Planning Commission
SUBJECT: PUBLIC HEARING: PLPA-2014-00031 Amendments to Dublin Zoning
Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and
Permitted Uses of Land), 8.40 (Accessory Structures and Uses
Regulations), 8.64 (Home Occupations Regulations), 8.76 (Off-Street
Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the
creation of Chapter 8.65 (Cottage Food Operations).
Report prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
Assembly Bill (AB) 1616 allows individuals to prepare and/or package certain foods in private-
home kitchens referred to as "cottage food operations." The enactment of AB 1616 provides
cottage food operators with the opportunity to operate a small scale food business from their
private home and requires that cities and counties allow them. However, AB 1616 also permits
the adoption of local ordinances to impose reasonable standards, restrictions and requirements
concerning spacing and concentration, traffic control, parking and noise control. AB 1616 also
requires that cottage food operators be registered or permitted by the local environmental health
agency before commencing business. Staff is proposing that the Zoning Ordinance be amended
to allow cottage food operations to be permitted by-right in residential areas subject to certain
standards appropriate for a home based business and consistent with State law. Minor
amendments to the existing Home Occupations Regulations are also proposed for clarity and
internal consistency.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate;
and 5) Adopt a Resolution recommending City Council approval of amendments to Dublin
Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of
Land), 8.40 (Accessory Structures and Uses Regulations), 8.64 (Home Occupation
Regulations), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance)
and the creation of Chapter 8.65 (Cottage Food Operations).
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Senior Planner Assistant Community Development Director
COPIES TO: File of
ITEM NO.:
Page 1 of 7
minimize parking and traffic impacts, Staff is proposing to limit the number of customers
on-site to one (1) at any given time during the permitted hours of operation for on-site
sales. On-site direct sales would not be permitted within the garage, an accessory
structure or outside of the dwelling.
• Hours of Operation for On-Site Direct Sales. While State law allows for on-site direct
sales, it does not establish the hours that a cottage food operation may be open to the
public. Staff is proposing that on-site direct sales be permitted between the hours of 7am
and 9pm.
• On-Site Dining. Under the existing home occupations regulations, a restaurant is a
prohibited home occupation. Staff is proposing to also prohibit on-site dining associated
with a cottage food operation.
• Parking. While State law allows a cottage food operation to employ individuals who do
not reside in the home and allows for on-site direct sales, it authorizes but does not
specify parking requirements for employees or customers. Staff is proposing that a
cottage food operation be required to provide off-street parking for an employee as well
as a dedicated company vehicle, if applicable. Customers would be expected to utilize
on-street parking or designated guest parking.
• Company Vehicle. State law allows cottage food operations to sell their products off-site
at farmer's markets and fairs, provide door-to-door deliveries or take their products to a
third party retailer. These activities may require the use of a company vehicle. Under the
existing home occupations regulations, a home occupation may park one company
vehicle up to % ton in capacity at the residence. Staff is proposing a similar regulation for
cottage food operations. One, off-street parking space, would need to be provided for a
company vehicle; however, a company vehicle would not be permitted to occupy a
required parking space for the dwelling unless it also served as the occupant's personal
vehicle.
• Minimum Separation. State law expressly allows cities and counties to impose
reasonable spacing and concentration regulations for cottage food operations but does
not set forth the exact parameters. Staff is proposing a minimum 300-foot radius
separation between all cottage food operations, excluding multi-family dwellings
designated High Density Residential in the General Plan. The 300-foot radius separation
is consistent with the required spacing for large family day care homes and would avoid
overconcentration of cottage food operations in a neighborhood thereby ensuring that the
residential character of the neighborhood is maintained.
For multi-family dwellings designated High Density Residential in the General Plan, Staff
is proposing that up to 2% of the total number of units in the development be permitted to
have cottage food operations. For example, a 300 unit apartment complex with a high
density land use designation could have up to six cottage food operations. The 2%
allowance for high density residential dwellings provides a reasonable number of cottage
food operations per development and gives residents living in a higher density community
equal opportunity to establish a cottage food operation than what would otherwise be
allowed under the 300-foot radius separation requirement.
Exceptions to the 300-foot radius separation or the 2% maximum could be considered
through a Minor Use Permit process if it can be demonstrated that the exception is
consistent with the intent of the cottage food operations chapter.
• Fire Safety/Occupancy. The existing home occupations regulations restrict home
occupations from changing the occupancy classification of a residence. Staff is proposing
to include this regulation as part of the cottage food operations.
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• Nuisances. The existing home occupations regulations prohibit home occupations from
creating or causing nuisances (i.e. traffic, noise, etc.) beyond what is normal for a
residential area. Staff is proposing a similar regulation as part of the cottage food
operations.
• Outdoor Storage/Display. The existing home occupations regulations prohibit the
outdoor storage or display of merchandise, equipment, supplies, etc. Staff is proposing
to include this regulation as part of the cottage food operations.
• Signs. The existing home occupations regulations prohibit the display of signs
advertising or otherwise identifying the home occupation. Staff is proposing to include
this regulation as part of the cottage food operations.
• Delivery Trips. The existing home occupations regulations limit the number of
pedestrian, vehicular and delivery trips associated with a home occupation to no more
than five pedestrian or vehicle trips per day and no more than two delivery trips per day.
Additionally, deliveries are prohibited between the hours of 9pm and 8am. Staff is
proposing a similar regulation that would limit delivery trips to two per day, no restriction
on pedestrian or vehicular trips is proposed to be included.
• Business License. All home occupations are required to obtain a Dublin Business
License which must remain current throughout the duration of the business. Staff is
proposing to include this regulation as part of the cottage food operations.
• Rented Property. All home occupations require property owner authorization when the
business is being operated on rental property. Staff is proposing to include this
regulation as part of the cottage food operations.
Staff is also proposing associated Zoning Ordinance amendments (Attachment 4, Exhibit A) to
implement Chapter 8.65 (Cottage Food Operations) and ensure internal consistency.
Amendments are proposed to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted
Uses of Land), 8.40 (Accessory Structures and Uses Regulations), 8.64 (Home Occupations
Regulations), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance).
The following discussion summarizes the proposed amendments to each of these chapters.
Chapter 8.08 (Definitions)
An amendment to Chapter 8.08 (Definitions) is proposed to add a definition for Cottage Food
Operations as a specific use type. The proposed definition would read as follows:
Cottage Food Operations (use type). The term Cottage Food Operations shall
mean a home-based food business, established within a residential dwelling as
an accessory use that is incidental and subordinate to the residential dwelling,
where specific food products are prepared for sale to consumers consistent with
the California Homemade Food Act and as further defined in Health and Safety
Code Section 113758, as may be amended.
Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
An amendment to Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to
add Cottage Food Operations as a permitted residential use type in the Agricultural and all
Residential zoning districts subject to approval of a Zoning Clearance or Minor Use Permit.
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Chapter 8.40 (Accessory Structures and Uses Regulations)
An amendment to Chapter 8.40 (Accessory Structures and Uses Regulations) is proposed to
include cottage food operations which are permitted residential accessory uses. As a clean-up
item, Staff is also proposing that Large Family Day Care Homes be added to this section.
Chapter 8.76 (Off-Street Parking and Loading Regulations)
An amendment to Chapter 8.76 (Off-Street Parking and Loading Regulations) is proposed to
establish an off-street parking requirement for cottage food operations as a residential use type.
The proposed parking requirement would read as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Cottage Food Operations Provide the number of spaces required for the type
of residential dwelling plus 1 space for an employee
not residing in the home (if applicable) plus 1 space
for a company vehicle (if applicable). A company
vehicle that also serves as the day-to-day personal
vehicle of the individual conducting the cottage food
operation shall not require an additional parking
space.
Chapter 8.116 (Zoning Clearance)
An amendment to Chapter 8.116 (Zoning Clearance) is proposed to add cottage food operations
as a use requiring a Zoning Clearance permit. Amendments to this chapter are implementing
measures of the proposed Chapter 8.65 (Cottage Food Operations).
Chapter 8.64 (Home Occupations Regulations)
Staff is proposing that Chapter 8.64 (Home Occupations Regulations) be amended to clarify that
a cottage food operation, while considered a home-based business, would not be subject to the
requirements of Chapter 8.64 but instead would be regulated by the proposed Chapter 8.65
(Cottage Food Operations). As a clean-up item, Staff is also proposing to clarify that Large
Family Day Care Homes be excluded from the Home Occupations Regulations chapter. Large
Family Day Care Homes are regulated by Chapter 8.66 (Large Family Day Care Homes).
Additionally, Staff has taken this opportunity to review the Home Occupation Regulations in its
entirety and is proposing other amendments to clarify the existing regulations. Some of these
clarifications are a result of implementing and enforcing the Home Occupations Regulations and
others are in response to refinements resulting from the cottage food operations. For a redlined
version of the proposed amendments, refer to Attachment 5.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendments, as outlined in this Staff Report and the draft City
Council Ordinance included as Attachment 4, Exhibit A, are consistent with the Dublin General
Plan and all applicable Specific Plans in that the Amendments relating to home occupations
such as cottage food operations are consistent with applicable land use designations and
general development policies. The other amendments propose procedural, clean-up and minor
revisions and raise no inconsistencies with the General Plan or any specific plans. The
amendments include minor revisions for internal consistency within the Zoning Ordinance.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was provided to all persons who have expressed an interest in being
notified of meetings. The Staff Report for this public hearing was also made available on the
City's website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the project be found exempt in accordance with CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal
Code (Zoning Ordinance) will not have a significant effect on the environment. The adoption of
the proposed Ordinance does not, in itself, allow the establishment of any use or the
construction of any building or structure, but sets forth the regulations that shall be followed if
and when a use is proposed to be established, or a building or structure is proposed to be
constructed, or a site is proposed to be developed. This Ordinance of itself, therefore, has no
potential for resulting in significant physical change in the environment, directly or ultimately.
ATTACHMENTS: 1) California Department of Public Health Approved
Cottage Foods (as of May 7, 2014).
2) Proposed Chapter 8.65 (Cottage Food Operations).
3) Existing Chapter 8.64 (Home Occupations
Regulations).
4) Resolution recommending City Council approval of
amendments to Dublin Zoning Ordinance Chapters
8.08 (Definitions), 8.12 (Zoning Districts and Permitted
Uses of Land), 8.40 (Accessory Structures and Uses
Regulations), 8.64 (Home Occupation Regulations),
8.76 (Off-Street Parking and Loading Regulations), and
8.116 (Zoning Clearance) and the creation of Chapter
8.65 (Cottage Food Operations) with the draft City
Council Ordinance attached as Exhibit A.
5) Redlined version of proposed amendments to Chapter
8.64 (Home Occupations Regulations).
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