Loading...
PC Resolution 2013-007PLANNING COMMISSION RESOLUTION 2013 - 007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2013-113; 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 2013-1 13 APPLICANT: CITY OF LA QUINTA 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 regulate Cottage Food Operations by requiring them to obtain a Minor Use Permit; and WHEREAS, the City may condition the issuance of a Cottage Food Operation Minor Use Permit on "reasonable standards, restrictions, and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes"; and WHEREAS, the City wishes to regulate cottage food operations through its Minor Use Permit process, subject to the provisions under AB 1616; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of May, 2013, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to add Section 9.60.1 15 to Title 9 (Zoning) of the La Quinta Municipal Code as identified by Title of this Resolution; and WHEREAS, 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 Planning 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; and Planning Commission Resolution 2013 - 007 Zoning Ordinance Amendment 2013-1 13 May 14, 2013 WHEREAS, a public hearing notice was published in The Desert Sun newspaper on May 3, 2013, as prescribed by the Municipal Code; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Ordinance Amendment, to the City Council: The proposed Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the 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). 2. Approval of the Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. The amendment provides 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 the amendment are therefore established toward ensuring protection of the public health, safety and general welfare. 3. The Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act in that the proposed changes to the Municipal Code will have no effect on the environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2013-113, as set Planning Commission Resolution 2013 - 007 Zoning Ordinance Amendment 2013-113 May 14, 2013 forth in attached Exhibit A, to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 141" day of May, 2013, by the following vote: AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None mot- � K TIE BAR �SCairwoman City of La Quinta, California ATTEST LE JOH'ON, Community Development Director Aty of ff Quinta, California EXHIBIT A — PLANNING COMMISSION RESOLUTION 2013 — 007 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 State AB 1616. 1. ADDS 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 regardingspacing 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 an 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 em_plo_yee, and generates not more than: 1) $35,000 in gross annual sales in 2013; 2) $45,000 in gross annual sales in 2014; 3) $50,000.00 in gross annual sales in 2015 and beyond. 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. 3. For the purpose of this Section, "not potentially hazardous foods" are defined as those foods listed in Health and Safety Code Section 114365.5, 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, i�rporated 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 9.60.115.E. 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. 1. 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 underlyingzoning oning 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. 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 9.210.020.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: 1. 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. 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. No cottage food operation shall be conducted in any accessory structure, garage, guest house, second unit or other accessory storage or living space, as may be defined in Section 9.280.030. 8. No sign(s) identifying ing 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 permittingagency. agency. Neither the dwelling no 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 residingfamily 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 seg. 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 insure 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: Amend Table 9-1 - Table of permitted uses, 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 Cottage Food Operations, pursuant to Section M M M M M M 9.60.115.