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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