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HomeMy WebLinkAboutItem 4.4 Cottage Food Regulations or nU,�� 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #450-20 DATE: December 2, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Adoption 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) (PLPA-2014-00031) 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. At the November 18, 2014 City Council Meeting, the City Council waived the reading and introduced an Ordinance adopting the proposed Zoning Ordinance Amendments. The City Council is being asked to waive the second reading and adopt the Ordinance approving the Amendments. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt the Ordinance 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). Page 1 of 3 ITEM NO. 4.4 Submitted By 'Reviewed By Community Development Director Assistant City Manager DESCRIPTION: The California Homemade Food Act (Assembly Bill 1616) took effect on January 1, 2013 and allows individuals to prepare and/or package certain foods (Attachment 1) in private-home kitchens referred to as "cottage food operations." All cottage food operations must be registered or permitted by the local environmental health agency before commencing business and must meet specified requirements pursuant to the California Health and Safety Code related to food preparation, sanitation, product labeling and gross annual sales limits. Foods prepared in a cottage food operation may be sold directly to the public, either from the home or at community events, or indirectly via sale to retail food facilities such as restaurants and markets. AB 1616 permits the adoption of local ordinances to impose reasonable standards, restrictions and requirements on cottage food operations concerning spacing and concentration, traffic control, parking and noise control. As such, Staff is proposing that the Zoning Ordinance be amended to establish standards for cottage food operations that are 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. Please refer to Attachment 2 for a complete discussion of the proposed Zoning Ordinance Amendments. At the November 18, 2014 City Council meeting, Staff presented the draft Zoning Ordinance Amendments (Attachment 3) and the City Council waived the reading and introduced an Ordinance approving the proposed amendments. A second reading of the Ordinance is required prior to adoption. The City Council is being asked to waive the second reading and adopt the Zoning Ordinance amendments (Attachment 4). 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. October 28, 2014 Planning Commission Staff Report, without attachments 3. November 18, 2014 City Council Staff Report, without attachments Page 2 of 3 4. Ordinance 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) Page 3 of 3 t Approved Cottage Foods Cottage food operations are allowed to produce certain non-potentially hazardous foods. These are foods that do not support the rapid growth of bacteria that would make people sick when held outside of refrigeration temperatures. The list of approved cottage food categories and their ethnic variations, which cottage food operations are allowed to produce, are listed below. The list will be maintained and updated by the California Department of Public Health (CDPH) on its Internet website as necessary. CDPH may add to or delete food products from the approved products list. Notice of any change, reason for the change, the authority for the change, and the nature of the change to the approved food products list will be posted on the CDPH website and shall be become effective thirty (30) days after the notice is posted. Approved Food Products List (May 7, 2014): (1) Baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas. (2) Candy, such as brittle and toffee. (3) Chocolate-covered nonperishable foods, such as nuts and dried fruits. (4) Dried fruit. (5) Dried pasta. (6) Dry baking mixes. (7) Fruit pies, fruit empanadas, and fruit tamales. (8) Granola, cereals, and trail mixes. (9) Herb blends and dried mole paste. (10)Honey and sweet sorghum syrup. (11)Jams,jellies, preserves, and fruit butter that comply with the standard described in Part...:�:.5. ...p „Title. ... .1.... „ he Code.. ... r .'.... g�.!.21i rn ,. *see below (12) Nut mixes and nut butters. (13) Popcorn. (14) Vinegar and mustard. (15) Roasted coffee and dried tea. (16) Waffle cones and pizelles. (17) Cotton candy. (18) Candied apples. (19) Confections such as salted caramel, fudge, marshmallow bars, chocolate covered marshmallow, nuts, and hard candy, or any combination thereof. (20) Buttercream frosting, buttercream icing, buttercream fondant, and gum paste that do not contain eggs, cream, or cream cheese. (21) Dried or Dehydrated vegetables. (22) Dried vegetarian-based soup mixes. (23) Vegetable and potato chips. (24) Ground chocolate. t *Jams, jellies, preserves, and fruit butter: Cottage food operations which produce jams,jellies, preserves, and other related products must be sure that their products meet the legal established standards of identity requirements for those products as set forth in 21._CJ.:.:..R_P_ rl.._1.Q. The purpose of the regulation is to maintain the integrity of the food product to ensure consumers consistently get what they expect. The product name and ingredients listed on the label must be factual and comply with the legal definitions and standards of identity or the product may be considered misbranded. Products made with other ingredients that are not defined in 21 CFR 150 cannot be produced by cottage food operations. Addition of other ingredients or alteration of ingredient profiles changes the chemistry of the food, which can allow the growth of various bacteria and toxins under the right conditions. For example, addition of peppers (i.e. jalapeno pepper) to make pepper jelly is not supported by 21 CFR 150 and the addition of this low acid ingredient could cause the formation of botulism toxin in the product if the proper controls are not used. OF Dp�l f� STAFF REPORT PLANNING COMMISSION O�LIFOR��� 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). U�Y1ow►-�� Lam. ad-o � � Submitted By sewed By Senior Planner Assistant Community Development Director COPIES TO: File o� ITEM NO.: Page 1 of 7 DESCRIPTION: The California Homemade Food Act (Assembly Bill 1616) took effect on January 1, 2013 and allows individuals to prepare and/or package certain foods in private-home kitchens referred to as "cottage food operations." All cottage food operations must be registered or permitted by the local environmental health agency before commencing business and must meet specified requirements pursuant to the California Health and Safety Code related to food preparation, sanitation, product labeling and gross annual sales limits. Foods prepared in a cottage food operation may be sold directly to the public, either from the home or at community events, or indirectly via sale to retail food facilities such as restaurants and markets. The California Department of Public Health maintains an approved list of non-potentially hazardous foods that may be prepared in a cottage food operation (Attachment 1). These are foods that do not support the rapid growth of bacteria that would make people sick when held outside of refrigeration temperatures. Examples of approved food products include baked goods, candy, dried fruit, confections, soup mixes and potato chips (refer to Attachment 1 for a complete list of approved foods). The Alameda County Department of Environmental Health is the local environmental health agency responsible for permitting and inspecting cottage food operations in Dublin for compliance with State law. Cottage food operators are limited to preparing only those foods contained on the approved food list and must complete a food processor training course. All cottage food products must be properly labeled and include the name, address and license number of the cottage food operation in addition to the common name and ingredients of the food product, among other things. State law limits the gross annual sales of a cottage food operation to $50,000 or less. Once a cottage food operation exceeds the gross annual sales volume established by law, they must move their operations to a commercial processing facility. 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 on cottage food operations concerning spacing and concentration, traffic control, parking and noise control. As such, Staff is proposing that the Zoning Ordinance be amended to establish standards for cottage food operations that are 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. ANALYSIS: The Dublin Zoning Ordinance allows for the establishment and operation of home-based businesses as an incidental and subordinate use of residential property. Home-based businesses allow residents to be gainfully employed from their homes in a limited commercial capacity. The City's Home Occupations Regulations (Chapter 8.64 of the Dublin Zoning Ordinance) ensure that the home occupation is compatible with the surrounding residential environment. With the passage of the Homemade Food Act (AB 1616), State law now permits certain activities associated with cottage food operations that are inconsistent with City's Home Occupations Regulations. In an effort to maintain the integrity of the Home Occupations Regulations and still comply with State law regarding cottage food operations, Staff is proposing that a new Zoning Ordinance chapter be created to address cottage food operations. 2of7 Cottage Food Operations Staff is proposing the creation of Chapter 8.65 (Cottage Food Operations) to establish development standards and regulations pertaining to cottage food operations (Attachment 2). The City's existing Home Occupations Regulations (Attachment 3) was used as the basis for the proposed cottage food operations chapter. Chapter 8.65 (Cottage Food Operations) As noted above, State law now requires that cities and counties allow the establishment of a cottage food operation in private-home kitchens. The proposed Chapter 8.65 would allow the establishment of a cottage food operation in a residential dwelling as a permitted accessory use. Cottage food operations would be subject to compliance with specified development standards and regulations and approval of a Zoning Clearance permit. The proposed development standards and regulations are intended to 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. The Zoning Clearance permit is a ministerial process that documents compliance with the development standards and regulations. The following discussion summarizes the development standards and regulations for cottage food operations. For the complete zoning ordinance text for Chapter 8.65, refer to Attachment 2. • Permitted within a Residential Dwelling. State law requires that cities and counties allow cottage food operations in private-home kitchens. The City's proposed regulation would allow the establishment of a cottage food operation as an accessory use to a residential dwelling. The proposed regulation further requires that all activities associated with the cottage food operation be conducted entirely within the dwelling. • Appearance of the Residence. The existing home occupations regulations prohibit the alteration of the exterior appearance of the residence in conjunction with a home occupation. Staff is proposing a similar regulation that would allow alterations as part of the cottage food operation so long as the alterations did not change the residential character of the home. • Codes/Laws/Regulations. The existing home occupations regulations require that all home occupations comply with all applicable codes, laws and regulations. Staff is proposing to include this regulation as part of the cottage food operations and clarify that it includes all City, County, State and Federal codes, laws and regulations. • Employees. State law allows a cottage food operation to employ one full-time equivalent employee, not including the operator's family or household members. Under the existing home occupations regulations, a home occupation is not permitted to employ individuals who do not live in the residence. In order to be consistent with State law, a cottage food operation would be permitted to have one, full-time equivalent employee excluding individuals who reside in the home. • On-Site Direct Sales to Customers. State law allows a cottage food operation to conduct on-site direct sales to customers. Under the existing home occupations regulations, no merchandise or goods can be sold from the premises if it requires the customer to visit the premises for delivery. In order to be consistent with State law, a cottage food operation would be permitted to sell goods from the premises. In order to 3 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. 4of7 • 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. 5 of 7 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. 6 of 7 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). 7of7 or nU,�� 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #450-20 DATE: November 18, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: 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) (PLPA-2014-00031) 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. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance 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 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) Page 1 of 3 ITEM NO. 6.2 Submitted By 'Reviewed By Community Development Director Assistant City Manager DESCRIPTION: The California Homemade Food Act (Assembly Bill 1616) took effect on January 1, 2013 and allows individuals to prepare and/or package certain foods (Attachment 1) in private-home kitchens referred to as "cottage food operations." All cottage food operations must be registered or permitted by the local environmental health agency before commencing business and must meet specified requirements pursuant to the California Health and Safety Code related to food preparation, sanitation, product labeling and gross annual sales limits. Foods prepared in a cottage food operation may be sold directly to the public, either from the home or at community events, or indirectly via sale to retail food facilities such as restaurants and markets. AB 1616 permits the adoption of local ordinances to impose reasonable standards, restrictions and requirements on cottage food operations concerning spacing and concentration, traffic control, parking and noise control. As such, Staff is proposing that the Zoning Ordinance be amended to establish standards for cottage food operations that are 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. At the October 28, 2014 Planning Commission meeting, Staff presented the draft Zoning Ordinance Amendments (Attachments 2 and 3) and the Planning Commission adopted Resolution 14-53 recommending City Council adoption of the proposed Amendments (Attachment 4). The proposed Zoning Ordinance Amendments are included in Attachment 5 of this Staff Report. For a complete discussion of the proposed Amendments please refer to Attachment 2. 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. Page 2 of 3 ATTACHMENTS: 1. California Department of Public Health Approved Cottage Foods (as of May 7, 2014) 2. October 28, 2014 Planning Commission Staff Report, without attachments 3. Draft Planning Commission Meeting Minutes dated October 28, 2014. 4. Planning Commission Resolution 14-53 5. Ordinance 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 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) Page 3 of 3 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 14-53 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 November 18, 20147 at which time all interested parties had the opportunity to be heard; and 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 8.120.050.13 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 3 of 10 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. 4 of 10 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.B (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." 6 of 10 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. 7 of 10 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.E 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:OOam and 9:OOpm. 8 of 10 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. 9 of 10 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 , 20147 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 10 of 10