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HomeMy WebLinkAboutPC Reso 14-53 ZOA Cottage Food Operations RESOLUTION NO. 14-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 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 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) EFFECTIVE CITY-WIDE PLPA-2014-00031 WHEREAS, Assembly Bill (AB) 1616 became effective on January 1, 2013 and allows individuals to prepare and/or package certain non-potentially hazardous foods in private-home kitchens referred to as "cottage food operations"; and WHEREAS, AB 1616 further requires cities and counties to allow cottage food operations in private residences but permits local ordinances that impose reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control; and WHEREAS, Dublin Zoning Ordinance Chapter 8.64 (Home Occupations Regulations) permits home occupations for the gainful employment of the occupant of a residential dwelling in a limited commercial activity subject to certain standards and regulations; and WHEREAS, the establishment of a cottage food operation in a residential dwelling would not be consistent with the current standards and regulations for home occupations and therefore the creation of Chapter 8.65 (Cottage Food Operations) is proposed; and WHEREAS, Staff is also proposing associated Zoning Ordinance Amendments to: 1) define cottage food operations; 2) establish cottage food operations as a permitted use in agricultural and residential zoning districts; 3) establish cottage food operations as a permitted residential accessory use; 4) exclude cottage food operations from the home occupations regulations chapter; 5) establish a parking requirement for cottage food operations; and 6) require a zoning clearance permit for cottage food operations; and WHEREAS, Staff is also proposing amendments to the Home Occupations Regulations Chapter to clarify certain standards and regulations based on enforcement activity and the changing nature of home occupations in general; and WHEREAS, 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; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission recommend that the City Council find this project 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; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on said application on October 28, 2014; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 28th day of October 2014 by the following vote: AYES: Bhuthimethee, Do, O'Keefe, Goel NOES: ABSENT: Kohli ABSTAIN: It � --- Planning Commission Chair ATTEST: Assistar t Co unity Development Director 2 of 2 ORDINANCE NO. xx— 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * APPROVING 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) EFFECTIVE CITY-WIDE PLPA-2014-00031 WHEREAS, Assembly Bill (AB) 1616 became effective on January 1, 2013 and allows individuals to prepare and/or package certain non-potentially hazardous foods in private-home kitchens referred to as "cottage food operations"; and WHEREAS, AB 1616 further requires cities and counties to allow cottage food operations in private residences but permits local ordinances that impose reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control; and WHEREAS, Dublin Zoning Ordinance Chapter 8.64 (Home Occupations Regulations) permits home occupations for the gainful employment of the occupant of a residential dwelling in a limited commercial activity subject to certain standards and regulations; and WHEREAS, the establishment of a cottage food operation in a residential dwelling would not be consistent with the current standards and regulations for home occupations and therefore the creation of Chapter 8.65 (Cottage Food Operations) is proposed; and WHEREAS, Staff is also proposing associated Zoning Ordinance Amendments to: 1) define cottage food operations; 2) establish cottage food operations as a permitted use in agricultural and residential zoning districts; 3) establish cottage food operations as a permitted residential accessory use; 4) exclude cottage food operations from the home occupations regulations chapter; 5) establish a parking requirement for cottage food operations; and 6) require a zoning clearance permit for cottage food operations; and WHEREAS, Staff is also proposing amendments to the Home Occupations Regulations Chapter to clarify certain standards and regulations based on enforcement activity and the changing nature of home occupations in general; and WHEREAS, the Planning Commission held a public hearing on October 28, 2014 and adopted Resolution 14-XX recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, a Staff Report was submitted to the City of Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the project on , 2014, at which time all interested parties had the opportunity to be heard; and EXHIBIT A TO ATTACHMENT 4 WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1: Pursuant to Section 8.120.050.6 of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the Amendments relating to uses 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. SECTION 2: 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, the City Council hereby finds the project 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. SECTION 3: Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is hereby amended to add the following definition: "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." SECTION 4: Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is hereby amended to add Cottage Food Operation as a Residential Use Type to read as follows: 2of10 RESIDENTIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Cottage Food ZC/ ZC/ ZC/ ZC/ - - - - - -Operations MUP MUP MUP MUP SECTION 5: Section 8.40.030.E.5 (Home Occupations) is hereby amended to read as follows: "Home Occupations, Cottage Food Operations, Large Family Day Care Homes. Home Occupations are subject to the provisions of Chapter 8.64 (Home Occupations Regulations), Cottage Food Operations are subject to the provisions of Chapter 8.65 (Cottage Food Operations) and Large Family Day Care Homes are subject to the provisions of Chapter 8.66 (Large Family Day Care Homes)." SECTION 6: Chapter 8.64 (Home Occupations Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: "CHAPTER 8.64 HOME OCCUPATIONS REGULATIONS 8.64.010 Purpose and Intent. The purpose of this Chapter is to allow Home Occupations for the gainful employment of the occupant of a dwelling in a limited commercial activity, with such employment activity being incidental and subordinate to the residential use of the property. The intent of this Chapter is to ensure that Home Occupations are compatible with, and do not change the character of the surrounding residential area by generating more traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a residential zoning district. 8.64.020 Business License Required. Business licenses are required for Home Occupations which are permitted as accessory uses in all residential zoning districts. No Home Occupation may be conducted until a Business License is issued pursuant to Chapter 4.04 (Business Registration) of the Dublin Municipal Code. 8.64.030 Limitations on Use. A Home Occupation shall conform to the following limitations on use: A. Accessory Structure/Temporary Structure. No Home Occupation may be conducted within an Accessory Structure or a temporary structure, except for detached offices, studios, or workshops used to carry on administrative or artistic activities of a commercial nature. B. Appearance of the Residence. The Home Occupation shall not alter the external appearance of the residence. C. Construction Equipment/Work Vehicles. No construction equipment or work vehicles such as plumbing vans, electronic repair vans, or similar equipment or work vehicles (except a 3of10 Company Vehicle permitted by Section 8.64.030.E below), as determined by the Director of Community Development, shall be stored which is used by the occupant of the residence or his/her employees in connection with a Home Occupation. D. Codes/Laws/Regulations. A Home Occupation shall conform to all applicable codes, laws and regulations of the City, County, State and Federal governments. E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no larger than 3/4 ton in capacity, unless otherwise approved by the Community Development Director, may be parked in a residential zoning district and used by the occupant directly or indirectly in connection with a Home Occupation. The company vehicle may have a company name and/or logo adhered to it. The company name and/or logo shall not exceed 9 square feet per side of the vehicle and shall not be used as a sign platform for the sole purpose of advertising, or attracting people to, the Home Occupation. F. Emergency Shelters and Transitional Housing. No Home Occupations of any nature shall be permitted to operate in an established Emergency Shelter or Transitional Housing unit. G. Employees. No Home Occupation shall permit employees who do not reside in the home to gather at, or work from, the home. H. Equipment/Appliances/Storage of Materials of Non-Residential Nature. There shall be no installation of equipment or appliances or storage of materials, of a non-residential nature in a residence or Accessory Structure, as determined by the Director of Community Development. I. Fire Safety/Occupancy. Activities conducted, and equipment or material used, as part of a Home Occupation shall be restricted to residential occupancy classifications as set forth in the Building Code. The Home Occupation shall not reduce the fire safety classification of a residence or an accessory structure, or employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the Alameda County Fire Department. J. Incidental and Subordinate Use. A Home Occupation shall be incidental and subordinate to the residential use of the property. K. Indoors/Limited to one room. The Home Occupation, with the exception of swimming instruction, shall be conducted entirely indoors. The Home Occupation shall be limited completely to one room located within the residence, an accessory structure, or the garage so long as the Home Occupation does not occupy a required parking space of the residence. L. Merchandise For Sale, Lease Or Rent, or Services Provided. No merchandise or goods shall be sold, leased or rented from the premises if the sale, lease or rental requires the customer to visit the premises for delivery. No services shall be provided from the premises if the service requires the customer to visit the premises for the service provided (except Students permitted by Section 8.64.030.S). M. Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances beyond those normal for a residential area or which may be perceptible at or beyond the lot line as determined by the Director of Community Development. 4of10 N. Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise, equipment, appliances, tools, materials, or supplies associated with a Home Occupation. O. Parking. No vehicle used for a Home Occupation shall occupy a required parking space of a residence unless the vehicle also serves as the day-to-day personal vehicle of the individual conducting the Home Occupation. One off-street parking space shall be provided for a vehicle used exclusively for the Home Occupation. P. Rented Property. If the Home Occupation is to be conducted on rental property, written authorization to conduct the home occupation on the premises shall be obtained from the property owner or property manager and submitted to the City when applying for a Business License. Q. Signs. There shall be no advertising sign, window display, or other identification of the Home Occupation on the premises other than a house number and nameplate as permitted by Section 8.84.140.D House Numbers and Name Plates. R. Storage. The storage of equipment, materials, wastes, and other items needed for, or produced by, the construction, landscaping, or service trades is prohibited. S. Students. No more than two students may be given instruction in music, academics, dance, swimming, or other subjects as determined by the Community Development Director in a residence at one time. No students may be given instruction between the hours of 9:00 p.m. and 8:00 a.m. T. Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five additional pedestrian or vehicular trips per day. No Home Occupation shall generate more than two delivery trips per day and no deliveries shall be made between the hours of 9:00 p.m. and 8:00 a.m. 8.64.040 Prohibited Home Occupations. The following Home Occupations are in violation of the Purpose and Intent and/or the Limitations on Use section, and are prohibited: A. Adult Businesses Establishments. B. Personal Services (excluding tutoring). C. Carpentry or cabinet making. D. Dance or night club. E. Fortune telling. F. Grooming, breeding, boarding (day or night), training or raising of dogs, cats, or other animals. G. Medical and dental offices, clinics, and laboratories. 5 of 10 H. Mini-storage. I. Repair (body or mechanical) or reupholstering of vehicle not owned by the resident. (Note: painting of motorized vehicles or the repair and maintenance of any tractor trucks or semi-trucks is prohibited in any residential zoning district by Section 8.40.030.E.8, Accessory Structures and Uses Regulations. J. Repair Shops (of appliances, electronic equipment, furniture, and similar items as determined by the Director of Community Development), Fix-it shops, or plumbing shops. K. Eating and Drinking Establishments. L. Welding and machining. M. Other. Any other Home Occupations, as determined by the Director of Community Development, as being in violation of the Purpose and Intent of this Chapter or the Limitations of Use section. 8.64.050 Exclusions. The following uses are excluded from regulation under this Chapter. A. Cottage Food Operations. Cottage Food Operations are subject to the provisions of Chapter 8.65 (Cottage Food Operations). B. Large Family Day Care Homes. Large Family Day Care Homes are subject to the provisions of Chapter 8.66 (Large Family Day Care Homes). 8.64.060 Violation. Any violation of the regulations of this chapter is subject to enforcement pursuant to Chapter 8.144 (Enforcement) and Chapter 4.04 (Business Registration) of the Dublin Municipal Code." SECTION 7: Section 8.76.080.13 (Residential Use Types) of Title 8 of the Dublin Municipal Code is hereby amended to add Cottage Food Operations 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." 6of10 SECTION 8: Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: "J. Cottage Food Operations. Cottage Food Operations that meet the standards specified in Chapter 8.65 (Cottage Food Operations)." SECTION 9: Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: "J. Cottage Food Operations. If the Zoning Clearance is for a Cottage Food Operation, the Applicant shall submit a "Zoning Clearance for Cottage Food Operations" application form provided by the Community Development Department with such information requested on said form." SECTION 10: Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: "J. Cottage Food Operations. All Cottage Food Operations shall be reviewed for compliance with Chapter 8.65 (Cottage Food Operations). The Zoning Clearance approval for a Cottage Food Operation shall be a completed "Zoning Clearance for Cottage Food Operations" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee." SECTION 11: Section 8.116.050 (Expiration) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: "J. Cottage Food Operations. A Zoning Clearance issued in conjunction with a Cottage Food Operation shall expire when the use is no longer operational." SECTION 12: Title 8 of the Dublin Municipal Code is hereby amended to add the following Chapter: "Chapter 8.65 Cottage Food Operations 8.65.010 Purpose. The purpose of this Chapter is to provide for the establishment of Cottage Food Operations, where specific food products that do not require refrigeration are made or repackaged for sale to consumers, as an incidental and subordinate use within a lawfully established residential dwelling. 8.65.020 Intent. 7of10 The intent of this Chapter is to: A. Establish a ministerial process for the review and approval of Cottage Food Operations. B. Establish development standards and regulations for Cottage Food Operations within the City. C. Ensure that Cottage Food Operations are compatible with surrounding residential uses and do not change the character of the surrounding residential area by generating more traffic, noise or visual impacts than would normally be expected in a residential zoning district. 8.65.030 Permitting Procedure. Any proposed Cottage Food Operation shall conform to the Development Standards and Regulations contained in this Chapter (Section 8.65.040) and shall be subject to a Zoning Clearance to be reviewed by the Community Development Director and processed in accordance with Chapter 8.116 (Zoning Clearance). 8.65.040 Development Standards and Regulations. An application for a Zoning Clearance to establish a Cottage Food Operation shall demonstrate compliance with the following development standards and regulations: A. Permitted within a Residential Dwelling. A Cottage Food Operation may be established within a residential dwelling as an accessory use that is incidental and subordinate to the residential dwelling. All activities associated with the Cottage Food Operation shall be conducted entirely within the dwelling. B. Appearance of the Residence. The Cottage Food Operation may not alter the exterior appearance of the residence so long as the alterations do not change the residential character of the home. C. Codes/Laws/Regulations. The Cottage Food Operation shall conform to all applicable codes, laws and regulations of the City, County, State and Federal governments. D. Employees. The Cottage Food Operation may have one full-time equivalent employee, excluding individuals who reside in the home. A maximum of one employee, full-time or part- time, excluding individuals who reside in the home, may be employed on-site at the residence of the Cottage Food Operation at any given time. E. On-Site Direct Sales to Customers. A Cottage Food Operation may conduct on-site direct sales to customers from within the dwelling. A maximum of one (1) customer may be on- site at any given time during the permitted hours of operation for on-site direct sales (refer to Section 8.65.040.F below). Direct sales shall not take place within an attached garage, detached accessory structure or outside of the dwelling. F. Hours of Operation for On-Site Direct Sales. A Cottage Food Operation may only conduct on-site direct sales between the hours of 7:00am and 9:00pm. 8of10 G. On-Site Dining. No on-site dining shall be permitted in conjunction with a Cottage Food Operation. H. Parking. The Cottage Food Operation shall provide the amount of off-street parking required in Section 8.76.080 (Parking Requirements by Use Type) of the Off-Street Parking and Loading Regulations. I. Company Vehicle. One company vehicle (a truck, van or automobile only) no larger than % ton in capacity, unless otherwise approved by the Community Development Director, and used in conjunction with the Cottage Food Operation, may be parked at the residence. A company vehicle shall not occupy a required parking space for the dwelling unless it also serves as the occupant's personal vehicle. J. Minimum Separation. Except as otherwise stated below, a minimum 300-foot radius separation is required between all Cottage Food Operations. For single family detached dwellings, second units and duplexes, the separation shall be measured from the property lines. For townhomes, apartments and condominiums, where the units are dispersed among multiple buildings, the separation shall be measured from the exterior walls of the building in which the Cottage Food Operation is proposed to be located. For apartments and condominiums with a High Density Residential General Plan Land Use Designation, the total number of Cottage Food Operations shall not exceed 2% of the total number of units within the development. No minimum separation shall be required. A fraction of .5 or greater shall be rounded up to the nearest whole number. Exceptions to the required minimum 300-foot radius separation or the 2% maximum may be granted pursuant to a Minor Use Permit if it can be demonstrated that the exception will not be contrary to Section 8.65.020.0 of this Chapter. K. Fire Safety/Occupancy. Activities conducted and equipment or material used as part of a Cottage Food Operation shall be restricted to residential occupancy classifications as set forth in the Building Code. The Cottage Food Operation shall not reduce the fire safety classification of a residence, or employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the Alameda County Fire Department. L. Nuisances. No Cottage Food Operation shall create or cause traffic, noise, or other nuisances beyond those normal for a residential area or which may be perceptible at or beyond the lot line as determined by the Director of Community Development. M. Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise, equipment, appliances, tools, materials, or supplies associated with the Cottage Food Operation. N. Signs. There shall be no advertising sign, window display, or other identification of the Cottage Food Operation on the premises other than a house number and nameplate as permitted by Section 8.84.140.D (House Numbers and Name Plates). O. Delivery Trips. No Cottage Food Operation shall generate more than two delivery trips per day. No deliveries shall be made between the hours of 9:OOpm and 8:OOam. 9of10 P. Business License. A Business License is required and shall be obtained prior to establishing a Cottage Food Operation. The Business License shall remain current and valid throughout the life of the Cottage Food Operation. Q. Rented Property. If the Cottage Food Operation is to be conducted on rental property, written authorization from the property owner or property manager shall be obtained and submitted to the City when applying for a Business License. 8.65.050 Violation. Any violation of the regulations of this Chapter is subject to enforcement pursuant to Chapter 8.144 (Enforcement) and Chapter 4.04 (Business Registration) of the Dublin Municipal Code. Any violation is cause for revocation of the Zoning Clearance pursuant to Chapter 8.96 (Permit Procedures) of this Code." SECTION 13: Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this _ day of , 2014, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 10 of 10