HomeMy WebLinkAbout4. PLN-13-00056 - Cottage Food BusinessesSTAFF REPORT
DATE:
MARCH 20, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-13-00056 (CODE AMENDMENT IN ITIATION REQUEST) – A REQUEST TO
INITIATE A CODE AMENDMENT TO ALLOW FOR COTTAGE FOOD
BUSINESSES.
LOCATION:
CITYWIDE
ZONING:
VARIOUS
REPORT SUMMARY
On January 1, 2013, the State of California mandated that all cities and counties allow the
operation of cottage food businesses from private homes. The proposed code amendment will
allow staff to prepare an ordinance that brings the City’s Zoning Code into compliance with State
law, while providing maximum protection for our residents. As such, staff is recommending the
Planning Commission initiate the Code Amendment, via minute action.
BACKGROUND/DISCUSSION
The California Homemade Food Act (AB 1616) was signed into law in September 2012 and
became effective on January 1, 2013. This act modified State law to require all cities, including
charter cities, to allow for Cottage Food Operations (CFO). A CFO is an enterprise at a private
home where low-risk food products are prepared or packaged for sale to consumers. The
allowable foods include:
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 fruit
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 150 of Title 21 of the Code of Federal Regulations (These should be fruit
products to assure that they are not potentially hazardous).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
12) Nut mixes and nut butters
13) Popcorn
14) Vinegar and mustard
15) Roasted coffee and dried tea
16) Waffle cones and pizzelles
Normally, the City would issue a home-based business permit to anyone wishing to conduct
business from their residence. However, after a review of the City’s code, staff has become
aware that a cottage food business would violate the prohibition on material or stock being
stored at the residence and provision that no person shall be employed by the home-based
business. In order to bring the City of Downey’s Zoning Code into compliance with State law,
the City needs to adopt a Cottage Food Ordinance. As such, staff is requesting the Planning
Commission initiate the Code Amendment, thereby allowing staff to analyze the amendment and
set the matter for public hearing
ENVIRONMENTAL ANALYSIS
Pursuant to Section 15061(b)(3) of the State of California Code of Regulations, staff has found
that this request is not subject to CEQA since initiation of a Code Amendment does not have the
potential to create an environmental impact. Should the Code Amendment be initiated, an
environmental assessment will be conducted to analyze impacts of said Code Amendment.
Code Amendment Initiation (PLN-13-00056)
March 20, 2013 - Page 2