ORD 515ORDINANCE NO. 515
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, ADDING SECTION
9.60.115 TO TITLE 9 OF THE LA QUINTA MUNICIPAL
CODE, ESTABLISHING PROCEDURAL AND
OPERATIONAL PROVISIONS FOR COTTAGE FOOD
OPERATIONS WITHIN RESIDENTIAL DISTRICTS
CASE NO: ZONING ORDINANCE AMENDMENT 2013-113
WHEREAS, the California State Legislature has adopted Assembly Bill 1616
(AB 1616, Gatto), which requires cities to allow Cottage Food Operations (CFO's),
as defined by Health and Safety Code Section 113758, to operate within any
residential dwelling unit; and
WHEREAS, the City may condition the issuance of a CFO on "reasonable
standards, restrictions, and requirements concerning the following factors: spacing
and concentration, traffic control, parking, and noise control relating to those
homes"; and
WHEREAS, the City wishes to regulate CFO's through its Minor Use Permit
process, subject to the provisions under AB 1616; and
WHEREAS, the City has, from time to time, made amendments to the Zoning
Ordinance to address changes in circumstances; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 14" day of May, 2013, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to establish Section 9.60.115 of the La Quinta
Municipal Code, to provide procedural and operational provisions for CFO's within
residential districts; and, after hearing and considering all testimony and arguments,
did adopt Planning Commission Resolution 2013-007, recommending to the City
Council approval of the proposed Zoning Ordinance Amendment; and,
WHEREAS, the City Council of the City of La Quinta, California did, on the
41" day of June, 2013, hold a duly noticed public hearing to consider the Planning
Commission recommendation regarding Zoning Ordinance Amendment 2013-113,
to amend Title 9 (Zoning) of the La Quinta Municipal Code as identified by Title of
this Ordinance, and considered the evidence, written and oral, presented at said
hearing; and
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 2
WHEREAS, a public hearing notice was published in the The Desert Sun
newspaper on May 24, 2013 as prescribed by the Municipal Code; and,
WHEREAS, at the June 4, 2013 City Council public hearing, upon hearing
and considering all testimony and arguments, if any, of all interested persons
wanting to be heard, said City Council did, by adoption of this Ordinance, make the
mandatory findings to grant approval of said Zoning Ordinance Amendment;
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is
amended as identified on Exhibit "A" attached hereto and incorporated herein by
this reference.
SECTION 2. CONSISTENCY WITH THE GENERAL PLAN: The City Council hereby
finds that this Ordinance is consistent with the goals, objectives and policies of the
La Quinta General Plan, particularly Goal LU-1 (Land use compatibility throughout
the City); Goal LU-3 (Safe and identifiable neighborhoods that provide a sense of
place); Policy LU-3.1 (Encourage the preservation of neighborhood character and
assure a consistent and compatible land use pattern); Goal LU-4 (Maintenance and
protection of existing neighborhoods); and Goal LU-6 (A balanced and varied
economic base, which provides a broad range of goods and services to the City's
residents and the region).
SECTION 3. ENVIRONMENTAL: The Community Development Director has
determined said Zoning Ordinance Amendment has complied with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970"
(CEQA) as amended (Resolution 83-63) in that the La Quinta Community
Development Department has reviewed the Amendment under the provisions of
CEQA, and has determined that the Amendment is exempt pursuant to Section
15061(B)(3), Review for Exemptions of the CEQA Guidelines. The City Council
hereby confirms said determination by adoption of this Ordinance.
SECTION 4. SEVERABILITY: The provisions of this Ordinance shall be severable,
and if any clause, sentence, paragraph, subdivision, section, or part of this
Ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, subdivision,
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 3
section, or part thereof directly involved in the controversy in which such judgment
shall have been rendered.
SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 6. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this 18`h day of June, 2013, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES:
ABSENT:
ABSTAIN
WF DON ADOL H, Ma
City of La Quinta California
ATTEST:
C�
SUSAN MAYSELS, CitV Clerk
City of La Quinta, California
(CITY SEAL)
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 4
APPROVED AS TO FORM:
M. KAHERINE 6JJENS ity Attorney
City of La Quinta, Cali ornia
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 5
EXHIBIT A — ORDINANCE NO. 515
ZOA 2013 - 113; adding Section 9.60.115, Cottage Food Operations, to Chapter
9.60 Establishing procedural and operational provisions for cottage food operations
within residential zoning districts. Required under AB 1616.
ADD NEW SECTION 9.60.115:
9.60.115. Cottage food operations.
A. Purpose. The City Council has adopted the following provisions to establish
minimum development standards and requirements for cottage food
operations, as defined in California Health and Safety Code Section
113758. By so doing, it is the City Council's intent to provide appropriate
land use and zoning standards for cottage food operations to be established
in residential neighborhoods, under conditions that these uses shall not alter
or disturb the character of the surrounding residential environment regarding
spacing and concentration, traffic control, parking, and noise control. The
standards and requirements set forth in this Section are therefore
established toward ensuring protection of the public health safety and
general welfare.
B.Definitions.
For the purpose of this Section, a "cottage food operation" means an
enterprise wherein an individual prepares and packages non -potentially
hazardous foods in a primary residential dwelling unit, which serves as
his or her private residence, said foods being for the direct and/or
indirect sale to consumers, and that does not have more than one full-
time equivalent employee, and generates not more than: 1) $35,000 in
gross annual sales in 2013; 2) $45,000 in gross annual sales in 2014;
3) $50,000 in gross annual sales in 2015 and beyond as identified in
California Health and Safetv Code Section 113758.
2. For the purpose of this Section, a primary residential dwelling unit means
a main dwelling or primary residence, as defined in Section 9.280.030.
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 6
3. For the purpose of this Section "not potentially hazardous foods" are
defined as those foods listed in Health and Safety Code Section
1 14365 5 and as adopted and posted on the California Department of
Public Health's Internet website.
4. All other definitions related to cottage food operations as set forth in
California Health and Safety Code Section 113758 are hereby
incorporated by reference as currently enacted and as may hereafter be
amended.
C. Decision -Making Authority. Cottage food operation permits shall be
reviewed administratively through the Minor Use Permit application process
by the Community Development Director, or his/her designee pursuant to
the requirements and standards set forth in this Section.
D. Permit Required and Compliance with Permit. Cottage food operations shall
be permitted in any residential zoning district with approval of a minor use
permit application in accordance with the procedure established in Section
9.210.020 and the requirements and standards set forth in Section
9 60 115E The permit applicant shall be the individual who conducts the
cottage food operation from his or her private residential dwelling unit and
is the owner of the cottage food operation. The permit shall be attached to
the property address and is not transferable to another operator or address.
A minor use permit for a cottage food operation shall be granted if the
application is complete and the cottage food operation complies with the
requirements set forth in this Chapter, the underlying zoning district, and
all other Municipal Code provisions regarding spacing and concentration
traffic control parking, and noise control.
If a minor use permit for a cottage food operation is approved,
conditions may be placed on the permit to mitigate or eliminate adverse
impacts on surrounding properties and/or residents. Any use or activity
authorized under said permit shall be in compliance with any conditions
of approval shown on and/or attached to the approved permit inclusive
of the requirements of Section 9.60.115.E. Failure to comply with the
applicable requirements and conditions of approval may result in
revocation of the permit.
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 7
3. The permit applicant shall be the individual who conducts the cottage
food operation from his or her private residential dwelling unit and is the
owner of the cottage food operation.
a) If the permit applicant is not the owner of the property on or in which
the cottage food operation will be conducted the property/dwelling
owner's written authorization must be provided•
b) If the property on or in which the cottage food operation will be
conducted is part of an active homeowners association the permit
applicant shall provide written authorization by the homeowner
association to conduct the cottage food operation from the property.
E.Required Findings. The findings as set forth in Section 9.210.02O.F for
approval of a minor use permit shall be made if the Community
Development Director determines that the standards set forth in this
Section have been or will be satisfied. These standards consist of the
following:
The cottage food operation shall be registered or permitted as a "Class
A" or "Class B" operation by the Riverside County Department of
Environmental Health, in accordance with Riverside County Ordinance
916 and Section 114365 of the California Health and Safety Code.
Evidence of said registration or permit issuance by the County shall be
provided to the Community Development Department prior to issuance
of a City of La Quinta business license.
2. All cottage food operations shall require a City of La Quinta business
license to be procured subsequent to, and in compliance with approval
of the minor use permit application and associated conditions of
approval.
3. The cottage food operation shall be clearly incidental to the use of the
structure as a dwelling unit, and shall not create dust, noise or odors in
excess of that normally associated with residential use.
4. The cottage food operation shall not generate pedestrian or vehicular
traffic in excess of that normally associated with residential use.
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 8
5. No direct sales or service from the residence or property on which the
residence is located is permitted. The cottage food operation shall not
be the point of customer pickup or delivery of products or services, nor
shall a cottage food operation create greater vehicular or pedestrian
traffic than normal for the district in which it is located.
6. Where a cottage food operation is permitted in a legal non -conforming
residence the cottage food operation shall not cause any such non-
conforming situation(s) to be increased.
7. The cottage food operation shall be conducted solely within a primary
residence.
8. No sign(s) identifying the cottage food operation shall be permitted to be
posted or displayed on the premises nor on or within anything located
on the premises except as may be required by any federal, state, and/or
local permitting agency. Neither the dwelling nor the property shall be
altered to appear other than a residence either by color, materials,
construction lighting sounds vibrations or other characteristics.
9. No more than one (1) cottage food employee as defined by California
Health and Safety Code Section 113758(b)(1) shall be employed by the
cottage food operation not including any residing family or household
member.
10. A minor use permit issued under this Section may be revoked for any
violation of this Section or of Section 114365 et seq. of the California
Health and Safety Code. The city may, for inspection purposes, access
the permitted area of a private home where a cottage food operation is
located if the city has on the basis of any complaint(s), reason to
suspect that the cottage food operation has violated the provisions of
this Section and/or California Health and Safety Code Section 114365 et
seg. Furthermore the City may also conduct routine periodic
inspections to ensure compliance with the provisions and conditions of
the cottage food operation's minor use permit and City business license.
2. AMEND Table 9-1, Section 9.40.040:
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 9
Amend Table 9-1 - Table of permitted uses, Accessory Uses and
Structures, to add CFO's as permitted in all residential districts with a
Minor Use Permit, as follows:
Table 9-1 Permitted Uses in Residential Districts (Cont.)
P = Principal use
A = Accessory use
C = Conditional use permit
M = Minor use permit
H = Home occupation permit
S = Specific plan required
Very Low
Medium
Medium -High
Density
Low Density
Cove
Density
Density
High Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Accessory Uses and Structures
Cottage Food Operations, subject to
M
M
M
M
M
M
Section 9.60.115
Ordinance No. 515
Zoning Ordinance Amendment 2013-113
Adopted: June 18, 2013
Page 10
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA ►
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 515
which was introduced at a regular meeting on the 4th day of June, 2013, and was
adopted at a regular meeting held on the 18th day of June, 2013, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
SUSAN MAYSELS, CitiqClerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on June 19, 2013, pursuant to
Council Resolution.
SUSAN MAYSELS, City Jerk
City of La Quinta, California