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HomeMy WebLinkAbout2. PLN-13-00056 - Cottage Food Code AmendmentSTAFF REPORT DATE: APRIL 17, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-13-00056 (CODE AMENDMENT) – A REQUEST TO AMEND ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO ALLOW FOR COTTAGE FOOD BUSINESSES. LOCATION: CITYWIDE ZONING: VARIOUS REPORT SUMMARY Cottage food businesses have been permitted to operate in over 32 states as a healthy, environmentally sustainable food source to communities. To make this source of food available to the citizens of California, the State of California has mandated that all cities and counties allow cottage food businesses to operate within residential areas. The proposed amendments to Article IX of the Downey Municipal Code adds new defin itions and modifies the home occupation section of the Code to allow cottage food businesses. In order to comply with the State’s requirements, staff is recommending that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE AN AMENDMENT TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE (PLN-13-00056), THEREBY ALLOWING THE OPERATION OF COTTAGE FOOD BUSINESSES. Inasmuch as the Code Amendment is a legislative action, City Council approval is required. As such, the Planning Commission’s role is to review the request and make a formal recommendation to the City Council. Should the Planning Commission recommend approval of the request, staff will schedule the matter for a public hearing before the City Council. BACKGROUND On September 12, 2012, the Governor signed AB 1616 (Chapter 415 of the Statutes of 2012), which went into affect on January 1, 2013. AB 1616 amended California law to require all cities and counties to allow cottage food businesses in residential properties provided they comply with certain health and safety standards. Reviewing the legislative intent of AB 1616, the State enacted the statute to encourage growth of small businesses, provide healthier food choices in the community, and provide more opportunities for environmentally sustainable food sources. Furthermore, the legislature notes that 32 other states have passed similar laws. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA Inasmuch as the city’s existing regulations for home based businesses would prohibit the establishment of a cottage food business, the Planning Commission initiated a code amendment on March 20, 2013 and directed staff to study potential code changes that would bring the City into compliance with State law. On March 21, 2013, notice of the pending code amendment was published in the Downey Patriot 1 th as a / page ad. Additionally, on March 22, 2013, in compliance with the California 8 Environmental Quality Act, a Notice of Intent to adopt a Negative Declaration was posted at the Los Angeles County Recorder’s office in Norwalk. DISCUSSION/ANALYSIS A cottage food business is a business that prepares, packages, or processes low-risk food products with a private residence for direct and/or indirect sale to consumers. This does not include the installation or use of commercial kitchen or the preparation of food to be consumed at the residence. As defined by the State of California, low risk foods consist of one of the following: 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). 12) Nut mixes and nut butters 13) Popcorn 14) Vinegar and mustard 15) Roasted coffee and dried tea 16) Waffle cones and pizzelles The State classifies Cottage Food Businesses into two categories - Class ‘A’, which sells directly to consumers only and Class ‘B’ which sells directly to consumers and may also sell to restaurants, grocery stores, or food trucks. In any case, the State limits the amount of gross annual sales to $35,000. It should be noted that the gross annual sales allowance will increase to $45,000 in 2014 and $50,000 in 2015 and beyond. In addition to the State regulations, the Los Angeles County Health Department has published several rules and regulations for addressing health concerns with Cottage Food Business. These rules include, among other things, obtaining health permits, no smoking in permitted areas, no animals in permitted areas, food storage requirements, and minimum sanitation requirements. Staff is attaching the County of Los Angeles Cottage Food Operations guide to this report for the Planning Commission’s convenience. Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 2 As previously noted, state law requires all cities and counties to allow cottage food businesses in residential properties. Since the City is unable to prohibit the cottage food operations, staff has written the proposed code language to minimize potential impacts created by the operation of said businesses. The first part of the language is to add the following definitions in the code: Cottage Food Business: A home occupation business, as defined in Section 113758(a) of the Health and Safety Code and as amended from time to time, in which low-risk food products are prepared, packaged, or processed at a private residence for direct and/or indirect sale to consumers for off-site consumption. Cottage Food Employee: An individual, who is either paid or volunteer and works either full or part-time, that is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food business. This shall not mean a member or members of the family residing on the property who assists with the cottage food business. Cottage Food Operator: An individual who operates a cottage food business in his or her private residence and is the owner of the cottage food business. Cottage Food Product: Non-potentially hazardous foods that are prepared for sale in the kitchen of a cottage food business, as defined in Section 114365.5 of the Health and Safety Code, as may be amended from time to time. The proposed definition of the cottage food business includes it as a home occupation; however, the City’s existing regul ations on home occupations would be in conflict with the State’s regulations. Particularly the City’s prohibition on customers, employees, and storage of material are in violation of AB 1616. As such, staff has proposed adding the following language under the home occupations section of the Code. SECTION 9408.10. COTTAGE FOOD BUSINESSES No person shall conduct a cottage food business unless such business is conducted in conformity with all the following criteria: (a) The cottage food business shall only be conducted by a member, or members, of the family residing on the property and a single cottage food employee. The cottage food business shall be an incidental use to the primary residential use. No other person shall be employed. (b) The cottage food operator shall maintain a current valid permit from the Los Angeles County Health Department. (c) Garages or carports, whether attached or detached, shall not be used for a home occupation, other than for the storage of an automobile. (d) No sign associated with such a use shall be allowed. (e) In conducting such cottage food business, no mechanical equipment shall be used if such equipment makes a noise that is perceptible on any abutting property. Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 3 (g) No motor vehicle shall be used or kept on the premises, except a vehicle of the passenger automobile variety, or a commercial vehicle not exceeding eight thousand five hundred (8,500) pounds (gross vehicle weight) in size, and such commercial vehicle shall be parked in an enclosed garage. (h) The cottage food business shall not have utility services other than those required for normal residence use. (i) There shall be no entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the cottage food business thereon. (j) On-site parking for the residential unit in which the cottage food operation is located shall be maintained free and clear and available for parking and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation . (k) The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday. The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time. (l) Cottage food operations engaging in sales to consumers or third party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards: (1) Visitation to the residence containing the cottage food business for the purpose of direct or indirect sales is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. (2) Visitors shall not be allowed to queue outside of the residence containing the cottage food business at any time, either on foot or in vehicles. (3) There shall be no outdoor sales at any time at the residence containing the cottage food business. These rules mirror the existing home occupation rules as much as possible. Notwithstanding this, staff has included provisions for a single employee to work at the business, deliveries may occur Monday through Saturday from 8:00 a.m. to 5:00 p.m., and customers may visit the business Monday through Saturday from 8:00 a.m. to 5:00 p.m. To further mitigate impacts, staff has also prohibited visitors from queuing outside the business, prohibited outdoor sales, and requires the business owner to prevent any deliv ery vehicles from blocking traffic. It is staff’s opinion that these regulations are in compliance with the requirements of AB 1616. Staff is of the further opinion that with the proposed regulations, in conjunction with annual sales limit imposed by the state, will prevent the cottage food businesses from becoming a burden onto the neighborhood in which they are located. Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 4 Irrespective of the mandatory nature of this amendment, it is staff’s opinion that allowing cottage food operations in the city can be a benefit for the community. In the legislative findings of the AB 1616, the state notes that there is an ongoing obesity epidemic in the country, which has created a wave of preventable and curable health problems in our population. While there is no one tool that can combat obesity, a simple solution that can be implemented is to provide healthy fresh foods as an alternative to the over-abundance of fatty processed foods that are currently available in the city. Considering this, staff is of the opinion that approval of this code amendment is consistent with the goals of the Healthy Downey initiative. Another driving force behind the cottage food move ment is the desire to provide environmentally sustainable foods. The production and shipping of most mass produced foods creates environmental impacts through the use of fuels, creation of pollutants from shipping sources, and excessive waste. Food that is created and consumed locally has a reduced impact on the environment thus is considered more sustainable. ENVIRONMENTAL ANALYSIS In accordance with the provisions of the California Environmental Quality Act (CEQA), staff has prepared an Initial Study for a Negative Declaration of Environmental Impacts (attached). During this analysis staff looked at potential impacts from air quality, traffic, noise, and geology among others. It was found that existing codes and the existing mitigation measures found in the General Plan Mitigation Monitoring Program, which apply to all projects within the city, already reduce any potential impact to a level that is below significance. As a result of the analysis contained in the Initial Study, it is staff's opinion that the proposed project will not have a significant effect on the environment resulting in the recommended Negative Declaration. FINDINGS Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted prior to the Planning Commission recommending approval of the Code Amendment to the City Council. A discussion of the findings follows: A. That the requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. It is staff’s opinion that there are two main driving issues behind support the cottage food industry. The first of these is the ongoing obesity and obesity-related health epidemics in the country. The second is a desire to create environmentally sustainable food sources. By allowing cottage food businesses to operate, it is staff’s opinion that the City will be taking a positive step to the furtherance of the public health, safety, and general welfare by allowing businesses that provide healthy fresh foods whilst reducing the environmental impacts of food production. Furthermore, staff believes that the proposed limitations on cottage food businesses will prevent impacts on the neighborhoods that they are locate in. B. The proposed amendment is in general conformance with the General Plan. The City of Downey General Plan has a virtual plethora of policies and programs which strive to encourage growth, protect the env ironment, and provide livable communities, all while protecting existing residential developments. Even though the proposed code Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 5 amendment will allow a new type of home occ upation (Cottage Food), it is staff’s opinion that code amendment is consistent with the various policies and programs. This is realized since cottage foods are environmentally sustainable, provide new small business opportunities, and provide a source of healthy fresh foods in neighborhoods. It is staff’s further opinion that the limitations placed on cottage food businesses will prevent them from becoming a burden onto others. As such, staff feels that approval of the code amendment is in general conformance with the General Plan. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Pursuant to the requirements of AB 1616 (Chapter 415 of the Statutes of 2012), the City is mandated by the State of California to allow cottage food businesses to operate. Notwithstanding this mandate, the proposed code amendment limits the hours of visitation, number of employees, and general operational char acteristic of the businesses. Staff is concluding that these limitations will prov ide the maximum allowed protection to existing residential neighborhoods, while being in compliance with State law. Finally, as noted above, staff believes that both findings that are required to approve the Code Amendment can be made in a positive manner . As such , staff is recommending that the Planning Commission recommend that the City Council approve the Code Amendment (PLN-13-00056). Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 6 RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE AN AMENDMENT TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE (PLN-13-00056), THEREBY ALLOWING THE OPERATION OF COTTAGE FOOD BUSINESSES. THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1 . The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On September 12, 2012, the Governor signed AB 1616 (Chapter 415 of the Statutes of 2012), which went into affect on January 1, 2013. AB 1616 amended California law to require all cities and counties to allow cottage food businesses in residential properties provided they comply with certain health and safety standards; and, B. The City’s current zoning regulations would prohibit the operation of a cottage food business; however, the City of Downey desires to ensure its Zoning Code is in compliance with State Law; and, C. On March 20, 2013, the Planning Commission initiated a Code Amendment and directed to study potential code changes to allow cottage food businesses; and, D. On March 21, 2013, notice of the pending code amendment was published in the 1 th Downey Patriot as a / page ad. Additionally, on March 22, 2013, in compliance 8 with the California Environmental Quality Act, a Notice of Intent to adopt a Negative Declaration was posted at the Los Angeles County Recorder’s office in Norwalk; and, E. The Planning Commission held a duly noticed public hearing on April 17, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, adopted this resolution. SECTION 2 . The Planning Commission further finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that there would be no significant environmental impacts created by the proposed code amendment, a Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the Planning Commission herby finds that the approval of the c ode amendment (PLN-13-00056) will not have any potential negative environmental impacts. SECTION 3 . Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that: 1. That the requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. There are two main driving issues behind support the cottage food industry: the ongoing obesity and obesity-related health epidemics in the country, and a desire to create environmentally sustainable food sources. By allowing cottage food businesses to operate the City will be taking a positive step to the Resolution No. ___________ Downey Planning Commission furtherance of the public health, safety, and general welfare by allowing businesses that provide healthy fresh foods whilst reducing the environmental impacts of food production. Furthermore, the proposed limitations on cottage food businesses will prevent impacts on the neighborhoods that they are locate in. 2. The proposed amendment is in general conformance with the General Plan. The City of Downey General Plan has a virtual plethora of policies and programs which strive to encourage growth, protect the environment, and provide livable communities, all while protecting existi ng residential developments. Even though the proposed code amendment will allow a new type of home occupation (Cottage Food), it is consistent with the various policies and programs. This is realized since cottage foods are environmentally sust ainable, provide new small business opportunities, and provide a source of healthy fresh foods in neighborhoods. Furthermore, the limitations placed on cottage food businesses will prevent them from becoming a burden onto others. SECTION 4 . Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 9126 of Article IX of the Downey Municipal Code to add the following definitions: Cottage Food Business: A home occupation business, as defined in Section 113758(a) of the Health and Safety Code and as amended from time to time, in which low-risk food products are prepared, packaged, or processed at a private residence for direct and/or indirect sale to consumers for off-site consumption. Cottage Food Employee: An individual, who is either paid or volunteer and works either full or part-time, that is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food business. This shall not mean a member or members of the family re siding on the property who assists with the cottage food business. Cottage Food Operator: An individual who operates a cottage food business in his or her private residence and is the owner of the cottage food business. Cottage Food Product: Non-potentially hazardous foods that are prepared for sale in the kitchen of a cottage food business, as defined in Section 114365.5 of the Health and Safety Code, as may be amended from time to time. SECTION 5 . Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 9408.08 of Article IX of the Downey Municipal Code to read as follows (new language is underlined ): SECTION 9408.08. CONDITIONS. No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with all the following criteria , with exception to Cottage Food Businesses governed by Section 9408.10 : (a) Such use shall be conducted solely within the confines of the principal dwelling and shall not exceed ten (10) percent of the floor area. Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 2 Resolution No. ___________ Downey Planning Commission (b) The home occupation shall be conducted by a member or members of the family residing on the property and as an incidental use to the primary residential use. No other person shall be employed. (c) Garages or carports, whether attached or detached, shall not be used for a home occupation, other than for the storage of an automobile. (d) No sign associated with such a use shall be allowed. (e) No storage or display of materials, supplies, or equipment related directly or indirectly to a home occupation shall be permitted. (f) In conducting such home occupation, no mechanical equipment shall be used if such equipment makes a noise that is perceptible on any abutting property. (g) No motor vehicle shall be used or kept on the premises, except a vehicle of the passenger automobile variety, or a commercial vehicle not exceeding eight thousand five hundred (8,500) pounds (gross vehicle weight) in size, and such commercial vehicle shall be parked in an enclosed garage. (h) The home occupation use shall not have utility services other than those required for normal residence use. (i) There shall be no entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation thereon. (j) No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use. (k) No mechanical equipment, material, or other substance or object shall be used which is not customarily used in a residence. SECTION 6 . Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add Section 9408.10 to Article IX of the Downey Municipal Code, which shall read as follows: SECTION 9408.10. COTTAGE FOOD BUSINESSES No person shall conduct a cottage food business unless such business is conducted in conformity with all the following criteria: (a) The cottage food business shall only be conducted by a member, or members, of the family residing on the property and a single cottage food employee. The cottage food business shall be an incidental use to the primary residential use. No other person shall be employed. (b) The cottage food operator shall maintain a current valid permit from the Los Angeles County Health Department. Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 3 Resolution No. ___________ Downey Planning Commission (c) Garages or carports, whether attached or detached, shall not be used for a home occupation, other than for the storage of an automobile. (d) No sign associated with such a use shall be allowed. (e) In conducting such cottage food business, no mechanical equipment shall be used if such equipment makes a noise that is perceptible on any abutting property. (g) No motor vehicle shall be used or kept on the premises, except a vehicle of the passenger automobile variety, or a commercial vehicle not exceeding eight thousand five hundred (8,500) pounds (gross vehicle weight) in size, and such commercial vehicle shall be parked in an enclosed garage. (h) The cottage food business shall not have utility services other than those required for normal residence use. (i) There shall be no entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the cottage food business thereon. (j) On-site parking for the residential unit in which the cottage food operation is located shall be maintained free and clear and available for parking and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation . (k) The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday. The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time. (l) Cottage food operations engaging in sales to consumers or third party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards: (1) Visitation to the residence containing the cottage food business for the purpose of direct or indirect sales is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. (2) Visitors shall not be allowed to queue outside of the residence containing the cottage food business at any time, either on foot or in vehicles. (3) There shall be no outdoor sales at any time at the residence containing the cottage food business. Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 4 Resolution No. ___________ Downey Planning Commission SECTION 7 . The Secretary shall certify the adoption of this Resolution. th PASSED, APPROVED AND ADOPTED this 17 day of April, 2013. Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 17 day of April, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Mary Cavanagh, Secretary City Planning Commission Code Amendment (PLN-13-00056) – Cottage Food April 17, 2013 - Page 5 ×Ò×Ì×ßÔ ÍÌËÜÇ ÚÑÎ ÒÛÙßÌ×ÊÛ ÜÛÝÔßÎßÌ×ÑÒ ÑÚ ÛÒÊ×ÎÑÒÓÛÒÌßÔ ×ÓÐßÝÌ ÐÔÒóïíóðððëê PROJECT NAME: Code Amendment for Cottage Food Businesses PROJECT LOCATION: Citywide PROJECT APPLICANT: City of Downey Community Development Department Planning Division 11111 Brookshire Avenue Downey, CA 90241 LEAD AGENCY: City of Downey Community Development Department Planning Division 11111 Brookshire Avenue Downey, CA 90241 Contact: David Blumenthal, Senior Planner (562) 904-7154 dblumenthal@downeyca.org PUBLIC REVIEW PERIOD: March 21, 2013 to April 17, 2013 This Negative Declaration and Initial Study Checklist have been prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000, et seq.). Written comments regarding this Negative Declaration shall be made to the Lead Agency listed above prior to 5:00 p.m. on the last day of the Public Review Period. CEQA INITIAL STUDY – PLN-13-000 56 SECTION I – INTRODUCTION SECTION I. INTRODUCTION 1. Description of project: PLN-13-00056 (Code Amendment) – This code am endment is to amend Sections 9126 and 9408 of Article IX of the Downey Municipal Code to allow the operation of Cottage Food Businesses in compliance with the California Homemade Food Act (AB 1616). The specific code language changes are listed in Section V of this Initial Study. 2. Description of project site (as it currently exists): The proposed code amendment will affect all residential properties throughout the City. 3. Description of surrounding properties: The proposed code amendment will affect all residential properties throughout the City. 4. City Characteristics: The City of Downey is 12.8 square mile comm unity that is located in the southeastern part of Los Angeles County. The State of California Department of Finance estimated that City’s population is 112,201, as of January 1, 2012. The City of Downey is located about 12 miles southeast of downtown Los Angeles and is bounded by: the Rio Hondo River on the west; Telegraph Road on the north; the San Gabriel River on the east; and Gardendale Street and Foster Road on the south. Cities bordering Downey include: Pico Rivera on the north and Santa Fe Springs on the northeast, Norwalk on the east, Bellflower and Paramount on the south, South Gate on the southwest and west and Commerce on the northwest. Regional access to and from the City of Do wney is provided by the Santa Ana (I-5) Freeway; Glen Anderson Freeway (I-105) Freew ay; the San Gabriel River Freeway (I- 605) Freeways; and the Long Beach Freeway (I-710); MTA Green Line Light Rail passenger train services at the Lakewood Boulevard station, and various Metro Bus Lines that connect throughout the City. The City of Downey is a Charter City wi th most municipal services being provided directly by the City. This includes City Po lice and Fire services, as well as, Planning, Building, Housing, Economic Development, Parks and Recreation, Library, and Public Works. Additionally, the City of Downey oversees operation of the Downey Civic Theater, the DowneyLINK Transit System, and the Farmer’s Market. 5. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement.) None City of Downey Page 2 March 21, 2013 CEQA INITIAL STUDY – PLN-13-000 56 SECTION I – INTRODUCTION 6. Location Map: City of Downey Location in Regional Context City of Downey Page 3 March 21, 2013 CEQA INITIAL STUDY – PLN-13-000 56 SECTION I – INTRODUCTION City of Downey City of Downey Page 4 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SECTION II – ENVIRO NMENTAL FACTORS SECTION II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked belo w would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicat ed by the checklist in section III. Aesthetics Land Use and Planning Agriculture Resources Mineral Resources Air Quality Noise Biological Resources Population and Housing Cultural Resources Public Services Geology and Soils Recreation Greenhouse Gas Emissions Transportation/Traffic Hazards & Hazardous Materials Utilities & Service Systems Hydrology & Water Quality Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could ha ve a significant effect on the environment, there will not be a significant effect in this ca se because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a signifi cant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a “potentially significant impact” or “potentially significant unless mitigated”. An ENVIRONMEN TAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could ha ve a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EI R pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that ear lier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature: îËÔÖÔÏÜÑÊÔÖÏØÙÛÄùÜÇÔÙûÑÈÐØÏÉÕÜÑ Date:March 21, 2013 David Blumenthal, Senior Planner for the City of Downey City of Downey Page 5 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION SECTION III. INITIAL STUDY CHECKLIST AND ENVIRONMENTAL EVALUATION This section analyzes the potential environmental impacts which may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checkl ist are stated and answers are provided according to the analysis undertaken as part of the Initial Study. They outline the following issues: 1. Aesthetics 10. Mineral Resources 2. Agriculture Resources 11. Noise 3. Air Quality 12. Population and Housing 4. Biological Resources 13. Public Services 5. Cultural Resources 14. Recreation 6. Geology and Soils 15. Transportation and Traffic 7. Hazards and Ha zardous Materials 16. Ut ilities and Service Systems 8. Hydrology and Water Quality 17. Mandatory Findings of Significance 9. Land Use and Planning The analysis considers the project’s short-term impact s (construction-related), and its operational or day- to-day impacts. For each question, there ar e four possible responses. They include: . 1. No Impact Future development arising from the project’s implementation will not have any measurable environmental impact on the environm ent and no additional analysis is required. . 2. Less Than Significant Impact The development associated with project implementation will have the potential to impact the environment; thes e impacts, however, will be less than the levels or thresholds that are considered signif icant and no additional analysis is required. . 3. Potentially Significant Impact Unless Mitigated The development will have the potential to generate impacts which will have a significant effect on the environment; however, mitigation measures will be effective in reducing the impac ts to levels that are less than significant. . 4. Potentially Significant Impact Future implementation will hav e impacts that are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels. Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 1. AESTHETICS. Would the project: a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existi ng visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? City of Downey Page 6 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Response: (a through d): The City of Downey is an urban environment wi th no scenic vistas or scenic highways. Allowing residents to operate a Cottage Food Business within there existing home is not expected to create new constructions or need additional light sources. 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural use or a Williamson act contract? c. Involve other changes in the existing environment which, due to their location or nature, c ould result in conversion of Farmland, to non-agricultural use? Response: (a through c): The City of Downey is an urbanized area that is mostly built out with only infill development potential. There are no agricultural lands within the City ’s boundaries. Furthermore, the City’s General Plan (Vision 2025) does not include provisions for agricultural uses in the future. While the City has a variety of zoning districts, in which agricultural uses are only allowed in the Open Space (O-S) zone, which is not being altered by this amendment. 3. AIR QUALITY. Where available, the significance criter ia established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors? City of Downey Page 7 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Response: (a through e): The proposed code amendment will expand home occupation permits to include Cottage Food Businesses. This type of business involves preparin g food for sale within an existing residence, utilizing the residential kitchen. This type of use is not anticipat ed to create additional air pollution and objectionable odors, or conflict with existing air quality plans. 4. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specia l status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, f illing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native w ildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources? (i.e. tree preservation ordinance). f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Co mmunity Conservation Plan, or other approved local, regional or state habitat conservation plan? Response: (a through f): The City of Downey is an urbanized area that is mostly built out with only infill development potential. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159 ), which was certified on January 25, 2005, there are no known species identified as a candidate, sensitive, or special status species; no known wetlands; and no known native resident or migratory fish or wildlife spec ies or established native resi dent or migratory wildlife corridors, or native wildlife nursery sites within the City . Furthermore, the City of Downey does not have any local policies or ordinances protecting biol ogical resources, nor is there any adopted Habitat Conservation, Natural Community Conservation, or other approved local, regional or state habitat conservation plans. City of Downey Page 8 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 5. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defi ned in CEQA Guidelines 5064.85? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines 5064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Response: (a through c): Historical, archaeological, and/or paleontological resources are not typi cally encountered within the City of Downey. The proposed code amendment will not result in new construction or development. Nevertheless, as with all construction in the City, shoul d any be discovered on the site, the applicant is required to comply with the provisions set forth Section 1506 4.5 of Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines). (d): Since burials within the City of Downey have o ccurred in the Downey Cemetery since the late 1880’s, human remains are not typically encount ered during construction. The proposed code amendment will not result in new construction or development. Nevertheless, as wi th all construction in the City, should any be discovered on future construction sites, the applicant is required to comply with the provisions set forth Section 15064.5 of Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines). 6. GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial eviden ce of a known fault? 2) Strong seismic ground shaking? 3) Seismic-related ground failure, including liquefaction? 4) Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? City of Downey Page 9 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact d. Be located on expansive soil, as defined in Table 18-1-B of the California Building Code (2001), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of water? Response: (a1 though a3): The City of Downey is not located with in an Alquist-Priolo Earthquake Fault Zone. Nevertheless, the City, like much of Southern California, is located in an area that is considered seismically active. The nearest known fault to the City is the Whitti er fault, which is approximately 5 miles from the City’s boundaries. According to the Southern California Eart hquake Data Center, the maximum probable earthquake that can be generated by the Whittier Fault is a magnitude 7. 2. No new construction is anticipated as a result of the amendment, so the will not alter existing ex posure to these types of seismic hazards. (a4): The City of Downey is relatively flat with no landslides being anticipated. (b): The proposed code amendment will expand home occupation permits to include Cottage Food Businesses. This type of business involves preparing food for sale within an existing residence, utilizing the residential kitchen. This will not alter existing topsoil. (c and d): The proposed code amendment will expand home occupation permits to include Cottage Food Businesses. This type of business involves preparin g food for sale within an existing residence, utilizing the residential kitchen. No new construction is anticipated as a result of the amendment, so the will not alter existing exposure to these types of seismic hazards. (e): The City of Downey is an urban area that is served by a sanitary sewer system. New septic tanks are prohibited within the City. 7. GREENHOUSE GAS EMISSION. Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Response: (a and b): Atmospheric gases, which allow solar radiation into the atmosphere but prevent heat from escaping, thus warming the Earth’s atmosphere, are often referr ed to as greenhouse gases. Greenhouse gases (GHGs) are released into the atmosphere by both natural and an thropogenic (human) activity. The principal greenhouse gases resulting from anthropogenic acti vity that enter and accumulate in the atmosphere are carbon dioxide (CO2), methane (CH4), nitrous ox ide (N2O), and fluorinated gases su ch as hydrofluorocarbons. The accumulation of these gases in the atmosphere at levels in excess of natural activity levels increases the Earth’s temperature result in changing climatic conditions in different parts of the planet, including California. The proposed code amendment will expand home occupation permits to include Cottage Food Businesses. This type of business involves preparing food for sale within an existing residence, utilizing the residential kitchen. As City of Downey Page 10 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact such, to proposed amendment will not create additional GHG. Nevertheless, review of future projects would continue to be carried out to ensure that the projects are consistent with all General Plan goals, objectives, and policies, including those that help the City contribute to regional GHG reduction efforts. The 2010 California Building Code regulations, adopted by Downey in January 20 11, would further increase energy efficiency in new residential buildings, thus reducing total energy dema nd and thereby reducing the level of greenhouse gas emissions generated from coal, natural gas, and oil-ba sed energy sources. Development of new housing would also be subject to all increasing development and energy efficiency standards, such as the 2010 California Building Code. 8. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the releas e of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? Response: (a through c and g): The proposed code amendment will expand home occupation permits to include Cottage Food Businesses. This type of business involves prepar ing food for sale within an existing residence, utilizing City of Downey Page 11 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact the residential kitchen. Residential businesse s like this do not generate hazardous waste (d): New construction will not occur as a result of this amendment. (e and f): The City of Downey is not located within an airpor t land use plan nor is it within two miles of an airstrip. (h): The City of Downey is within an urbanized area in the southeast portion of Los Angeles County. There are no wild lands within the vicinity. 9. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete ground water supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? City of Downey Page 12 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Response: (a through f): The proposed code amendment will expand hom e occupation permits to include Cottage Food Businesses. This type of business involves preparin g food for sale within an existing residence, utilizing the residential kitchen. This will not require new cons truction and, as such, will not impact water quality. (g through i): Most of the City, is located between the San Gabriel River and the Rio Hondo Channel. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on Ja nuary 25, 2005, both of these flood control channels have been designed to meet or exceed the discharge capacity for a 100-year flood. Furthermore, the FEIR notes that there are no concerns with a potential levee break on either channel. Notwithstanding this, pursuant to the Letter of Map Change (LOMC) issued by FEMA on September 27, 2008, the entire City (except for the aforementioned rivers) is within Flood Zone X in which impacts from a 100-year flood event are not anticipated. (j): The City of Downey is relatively flat and is not loca ted near a dam, lake, or ocean. As such, impacts from a seiche, tsunami, or mudflow are not anticipated. 10. LAND USE AND PLANNING. Would the project: a. Physically divide an established community? b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? Response: (a and b): The proposed code amendment will expand home occupation permits to include Cottage Food Businesses. This type of business involves preparin g food for sale within an existing residence, utilizing the residential kitchen. No new construction or development will occur as a result of adoption of these regulations. As such, there is no capability to divide an establishe d community. Furthermore, expanding home occupations to include cottage food will not violate or alter any polic y adopted for the purpose of avoiding or mitigating an environmental effect. (c): The City of Downey is an urbanized area that is fully developed with only a few sites for infill development available. There are no habitat conservation plans or nat ural community conservation plans that have jurisdiction over the area. 11. MINERAL RESOURCES. Would the project: a. Result in the loss of availa bility of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availab ility of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? City of Downey Page 13 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Response: (a and b): Because the code amendment will not result in any physic al alterations to the site, it will not result in the loss any mineral resources with loca l, regional, or State-wide importance. 12. NOISE. Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Response: (a through d): All residential uses, including home occupations, are required to comply with the noise requirements set forth in the Downey Municipal Code, No additional impacts are expected by allowing the additional uses. (e and f): The City of Downey is not located within an airport land use plan, within two miles of a public airport or public use airport, or within the vicinity of a private airstrip. 13. POPULATION AND HOUSING. Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? City of Downey Page 14 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Response: (a and b): The proposed code amendment will expand home occupation permits to include Cottage Food Businesses. This type of business involves preparin g food for sale within an existing residence, utilizing the residential kitchen. This will not induce growth, require new housing, or result in the displacement of persons. 14. PUBLIC SERVICES. a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? 2) Police protection? 3) Schools? 4) Parks? 5 ) Other p ublic facilities? Response: (a): The City of Downey is a full service city, with most of the municipal services being provided directly through the City. Since the code amendment will not induce growth, it will not result in an increase in demand for public services. 15. RECREATION. a. Would the project increase the use of existing neighborhood and regional parks or other recr eational facilities such that substantial physical deteriorati on of the facility would occur or be accelerated? b. Does the project include recrea tional facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: (a and b): Since the code amendment will not induce growth, it w ill not result in an increase in the use of or the demand for recreational facilities. 16. TRANSPORTATION/TRAFFIC. Would the project: a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capa city of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or City of Downey Page 15 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase haza rds due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequat e emergency access? f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: (a and b): One of the key changes for cottage food businesses is the allowance of one employee, which will bring additional traffic into the residential neighborhoods. Nevertheless, the amount of traffic that is anticipated is insignificant, with all streets and intersections having su fficient capacity to absorb this minimal increase. (c): The code amendment will not alter existing air traffic patterns or create additional air traffic. (d through g): It is not expected that the code amendment w ill create a hazard to pedestrians, emergency access, bicycles, alternative transportat ion, or impede on the existing parking. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could ca use significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has City of Downey Page 16 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SEC TION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g. Comply with federal, st ate, and local statutes and regulations related to solid waste? Response: (a and g): Since the project will not induce gr owth, it will not result in an incr ease in demand for utility services. Nevertheless, the City of Downey is an urban envi ronment with all utility systems in place. 18. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potent ial to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impact s that are individually limited, but cumulatively considerable? “Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have envir onmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Response: (a): The City of Downey is an urbaniz ed area that is mostly built out wi th only infill development potential. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on Ja nuary 25, 2005, there are no known species identified as a candidate, sensitive, or special status species. Additionally, there are no known wetlands, as defined by Section 404 of the Clean Water Act, within the City. Furthermore, the proposed project will not result in the demolition of any existing struct ures. As such, the proposed project will not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. (b and c): Based on the analysis contained within this initial study, the proposed project is not anticipated to create a significant impact. When considered with past, current, and other proposed projects in the City, it is unlikely that the project will contribu te towards any cumulative impact. T herefore, the project will not cause a substantial adverse effects on human bein gs, either directly or indirectly City of Downey Page 17 March 21, 2013 CEQA INITIAL STUDY – PLN-13-000 56 SECTION IV – REFERENCES SECTION IV. REFERENCES The following documents have been referenced in this Environmental Evaluation and are available for review of the City of Downey, Planning Divi sion, 11111 Brookshire Ave, Downey, CA 90241 1. City of Downey General Plan, adopted January 25, 2005 2. City of Downey General Plan FEIR (S CH #2004031159), certified January 25, 2005 3. City of Downey Municipal Code 4. City of Downey Zoning Map 5. California Homemade Food Act (AB 1616) City of Downey Page 18 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SECTION V – EXHIBITS SECTION V. EXHIBITS Proposed Code Language SECTION 9126 “C” DEFINITIONS Cottage Food Business: A home occupation business, as defined in Section 113758(a) of the Health and Safety Code and as amended from time to time, in which low-risk food products are prepared, packaged, or processed at a private residence fo r direct and/or indirect sale to consumers. Cottage Food Employee: An individual, who is either paid or volunteer and works either full or part-time, that is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food bu siness. This shall not mean a me mber or members of the family residing on the property who assi sts with the cottage food business. Cottage Food Operator: An individual who operates a cottage food business in his or her private residence and is the owner of the cottage food business. Cottage Food Product: Non-potentially hazardous foods that ar e prepared for sale in the kitchen of a cottage food business, as defined in Section 114365.5 of the Health and Safety Code, as may be amended from time to time. SECTION 9408. HOME OCCUPATIONS. SECTION 9408.02. INTENT AND PURPOSE. The purpose of these regulations is to provide for the conduct of home occupation in the residential zones, and/or in mobile homes/manufactured home pa rks regardless of the zone, in such a manner as to be compatible with, and not disruptive to, residential neighborhoods. SECTION 9408.04. APPLICABILITY. The restrictions of this section shall not be applicabl e to a property owner selling his personal household goods from a residential property in conformance with garage sale requirements. See Section 9420.22 of this article. SECTION 9408.06. REQUIRED PERMITS. No person shall commence or carry on a home occupation in any residential zone, or mobile home/manufactured home park regardless of the zone, without first having procured a permit from the City Planner. (a) The City Planner may issue a permit in conformance with the requirements of Sections 9408.08, and 9814 of this article and impose such conditions as are deemed necessary to protect the best interests of the community. (b) No permit issued shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued. (c) Any permit issued may be suspended or revoke d by the City Planner when it appears that any condition imposed by the City Planner pursuant to th is article has been or is being violated, or when it appears that the home occupation authorized by the permit has been or is being conducted in violation of any State statute or City law, or in a disorderly manner, or to the detriment of the public, or when the home occupation being carried on is diffe rent from that for which the permit was issued. (d) Permits shall be valid for one (1) calendar year and may be renewed annually. (e) No permit shall be issued or renewed unless the proper fee, as set by Council resolution, is paid. City of Downey Page 19 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SECTION V – EXHIBITS SECTION 9408.08. CONDITIONS. No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with all the following criteria , with exception to Cottage Food Businesses governed by Section 9408.10 : (a) Such use shall be conducted solely within t he confines of the principal dwelling and shall not exceed ten (10) percent of the floor area. (b) The home occupation shall be conducted by a member or members of the family residing on the property and as an incidental use to the pr imary residential use. No other person shall be employed. (c) Garages or carports, whether attached or detached, shall not be used for a home occupation, other than for the storage of an automobile. (d) No sign associated with such a use shall be allowed. (e) No storage or display of materials, supplies, or equipment related directly or indirectly to a home occupation shall be permitted. (f) In conducting such home occupation, no mechanical equipment shall be used if such equipment makes a noise that is perceptible on any abutting property. (g) No motor vehicle shall be used or kept on the premises, except a vehicle of the passenger automobile variety, or a commercial v ehicle not exceeding eight thousand five hundred (8,500) pounds (gross vehicle weight) in size, and such commercial vehicle shall be parked in an enclosed garage. (h) The home occupation use shall not have ut ility services other than those required for normal residence use. (i) There shall be no entrance or exit way s pecifically provided in the dwelling or on the premises for the conduct of the home occupation thereon. (j) No customer shall be served on the premises , and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use. (k) No mechanical equipment, material, or other substance or object shall be used which is not customarily used in a residence. SECTION 9408.10. COTTAGE FOOD BUSINESSES No person shall conduct a cottage food business unless su ch business is conducted in conformity with all the following criteria: (a) The cottage food business shall only be conducted by a member, or members, of the family residing on the property and a single cottage food employee. The cottage food business shall be an incidental use to the primary residential use. No other person shall be employed. (b) The cottage food operator shall maintain a current valid permit from the Los Angeles County Health Department. (c) Garages or carports, whether attached or detached, shall not be used for a home occupation, other than for the storage of an automobile. (d) No sign associated with such a use shall be allowed. City of Downey Page 20 March 21, 2013 CEQA INITIAL STUDY – PLN-13-00056 SECTION V – EXHIBITS (e) In conducting such cottage food business, no mechanical equipment shall be used if such equipment makes a noise that is perceptible on any abutting property. (g) No motor vehicle shall be used or kept on the premises, except a vehicle of the passenger automobile variety, or a commercial v ehicle not exceeding eight thousand five hundred (8,500) pounds (gross vehicle weight) in size, and such commercial vehicle shall be parked in an enclosed garage. (h) The cottage food business shall not have ut ility services other than those required for normal residence use. (i) There shall be no entrance or exit way s pecifically provided in the dwelling or on the premises for the conduct of the cottage food business thereon. (j) On-site parking for the residential unit in wh ich the cottage food operation is located shall be maintained free and clear and available for parkin g and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation . (k) The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of 8: 00 a.m. and 5:00 p.m., Monday through Saturday. The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive ai sle, encroach into any required on-site parking space, or idle at any time. (l) Cottage food operations engaging in sales to consumers or third party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards: (1) Visitation to the residence containing the cottage food business for the purpose of direct or indirect sales is limited to t he hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. (2) Visitors shall not be allowed to queue outside of the residence containing the cottage food business at any time, either on foot or in vehicles. (3) There shall be no outdoor sales at any time at the residence containing the cottage food business. City of Downey Page 21 March 21, 2013 ݱ«²¬§ ±º Ô±­ ß²¹»´»­ Ý ÑÌÌßÙÛ ÚÑÑÜ ÑÐÛÎßÌ×ÑÒÍ ÙË×ÜÛ Û²ª·®±²³»²¬¿´ Ø»¿´¬¸ ëðëð ݱ³³»®½» Ü®·ª»ô Þ¿´¼©·² п®µô Ýß çïéðê Ì»´»°¸±²»æ øêîê÷ ìíð ó ëíîð É»¾­·¬»æ ¸¬¬°æññ©©©ò°«¾´·½¸»¿´¬¸ò´¿½±«²¬§ò¹±ªñ»¸ Cottage Food Operation G uidelines I NTRODUCTION AB 1616, the California Homemade Food Act, was signed into law by Governor Brown on September 21, 2012 and will become effective on January 1, 2013. This new law will allow certain foods, known as Cottage Foods, to be made in private homes and sold to the public. Individuals who own and run these home - based businesses will be known as Cottage Food Operators (CFOs). This g uide provides information to anyone who is interested in starting a Cottage Food Operation. It will provide information about the applic ation process requirements, permitting/registration , and general food safety. SUBMISSION OF REGISTRATION/PERMITTING FORM AND SELF - CERTIFICATION CHECKLIST You may complete and submit the Registration/Permitting Form on our web site at http://www.publichealth.lacounty.gov/eh/ or you may mail your completed Registration/Permitting Los Angeles County Environmental Health, 5050 Commerce Drive, Baldwin Park, CA Form to 91706, attention Zep ur Ohannessian . In order to obtain t he registration or permit number, please include the following items along with your Registration/Permitting Form: Self - Certification Checklist (Class A Only) A copy of all proposed cottage food product label s . If the potable water source is from a private well, a laboratory analysis from within the prior 3 months verifying that the water meets State water quality standards for bacteriological and primary inorganic chemicals. Payment of the applicable fee. Note: For Class B, a permit to operate will only be granted after an initial inspection has been conducted and approval to operate is received. The Department of Public Health (DPH) is in the process of seeking Los Angeles County Board of Supervisors approval fo r final Cottage Food Operator Registration and Permit fees. DPH anticipates this process to be completed and implemented by July 1, 2013. In the meantime, DPH will charge the following based on our hourly service rates: 1. Registration (Class A ONLY)…………………… …………………………………$65 2. Permit (Class B ONLY)……………………………………………………………..$194 Payments in the form of checks and money orders are accepted. Please make checks payable to: Los Angeles County, Department of Public Health, and include the name of your cottage food op eration in the memo line of your check or money order. Note: There will be a $33.00 fee for all returned checks. County of Los Angeles | Cottage Food Operation Guide 1 D EFINITION S: 1. “Class A CFO” is a Cottage Food Operation (CFO) that may engage only in direct sales of cottage food products from the CFO or other direct sales venue. 2. “Class B CFO” is a CFO that may engage in both direct sales and indirect sales of cottage food products. 3. “Cottage food employee” is an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for a CFO. An employee does not include an immediate family member or household member o f the cottage food operator. 4. "Cottage Food Operation (CFO)" means an enterprise, which produces cottage food products only in the home kitchen of that person's primary home. A CFO shall not operate as a food facility or wholesale food manufacturer. 5. “Cott age food operator” is an individual who operates a CFO in his or her private home and is the owner of the CFO. 6. "Cottage food products" means non - potentially hazardous foods that are prepared for sale in the kitchen of a CFO. Foods containing cream, custar d, or meat fillings are potential ly hazardous and are not allowed in food preparation by a CFO. 7. “Direct sales” means a transaction between a CFO and a consumer, where the consumer purchases the cottage food product directly from the CFO. Examples include, but are not limited to, holiday bazaars, temporary events, bake sales, food swaps, certified farmers ’ markets and community - supported agricultural subscriptions. 8. “Indirect sales” means an interaction between a CFO, a third party retailer, and a consumer; where the consumer purchases cottage food products made by the CFO from a third party retailer that holds a valid permit. 9. "Potentially hazardous food” means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. Non - potentially hazardous foods do not require time/temperature control. 10. “Private home” is a dwelling, including an apartment or other leased space, where in dividuals reside. 11. "Registered or Permitted area" means the portion of a private home that contains the private home ’s kitchen used for the preparation, packaging, storage or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home exclusively that are used for storage. 12 . “ Vermin” means cockroaches, mice, rats, flies and similar pests that carry disease. County of Los Angeles | Cottage Food Operation Guide 2 13. “ Sanitizing ” means the use of chem icals such as bleach to remove harmful bacteria from food contact areas such as countertops, cutting boards, pots, pans and other utensils. WHERE DO I START ? In order to be come a C ottage F ood Operation you must decide what type of cottage food product s you want to prepare and sell. Next, y o u must decide if the type of sales conducted will be direct sales (Class A) or indirect sales (C lass B) . Finally, you must contact LA County Department of Public Health, ( LA DPH ) , Environmental Health Division to register as either “ A ” or “ Class B ” . WHAT TYPE OF PERMIT IS REQUIRED? 1. A “Class A” CFO shall not be open for business unless it is registered with LA DPH, Environmental Health Division and has submitted a n approved s elf - certification checklist. a. “Class A” CFOs are subject to inspection on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the CFO, or that the CFO has violated this chapter. b. The fee to register is $65.00 . 2. A “Class B” CFO shall not be open for business unless it obtains a permit from LA DPH, Environmental Health Division . a. A Permit shall be issue d after an initial inspection has been conducted to determine that the proposed “Class B” CFO and its method of operation are in compliance. “Class B” CFOs are subject to one routine inspection per year. b. The fee for obtaining a permit is $194. ADDITIONAL REQUIREMENTS 1. A registration or permit is non - transferable. A registration or permit shall be valid only for the person, location, type of food sales, and distribution activity specified by t hat registration or permit, and unless suspended or revoked for ca use, for the time period indicated. 2. A person who prepares or packages cottage food products shall complete a food processor course by the California Department of Public Health (CDPH) within three months of becoming registered. CDPH will work with the loc al enforcement agency to ensure that CFOs are properly notified of the location, date, and time of the classes offered. Note: For both type s of Cottage Food Operations, the Cottage Food Operator must contact their local city/county planning department fo r approval . W HAT ARE THE REQUIREMENTS FOR COTTAGE FOOD OPERATIONS? Cottage Food Operations (CFOs) are single - family style homes or apartment units with a non - commercial kitchen . 1. CFO Area: Any and all equipment, utensils, food, drinks, ingredients, and items used for the CFO must be stored and used within the home. No cottage food functions including storage, preparation, mixing, assembling, packaging, and/or labeling may occur in any loca tion outside the registered/permitted area. E xamples of areas that may not be used include but are not limited to backyards, sheds, garages, lean - tos, vehicles, out - buildings or any other structure or location that is not inside the living space of the ho me. County of Los Angeles | Cottage Food Operation Guide 3 a. Registered or Permitted Area: The CFO operator is required to specify which areas will be considered the “registered/permitted area” when obtaining their registration/permit from the local enforcement agency. b. Non - CFO Operators: No infants, small chil dren, or pets are allowed in the registered area during CFO food handling or preparation activities. 2. Hand W ashing Facilities: A sink must be available for hand washing during food handling or preparation activities. The sink must be supplied with hand soap and warm water. It is recommended that single - use paper towels be provided in a dispenser for drying of hands. 3. Water Supply: An adequate, protected, pressurized potable supply of warm water and cold water shall be available for cottage food operations . Water used during the preparation of cottage food . products shall meet the potable drinking water standards described in Section 113869 If the CFO is serviced by a private well, the water shall be tested by an approved laboratory analysis to ve rify that it meets State water quality standards for bacteriological and primary inorganic chemicals. Approval to operate will be granted after submitting recent (within 3 Months) laboratory results to Environmental Health. Water used during the preparat ion of cottage food products includes all of the following: Washing and sanitizing of equipment used in the preparation of a cottage food product. Washing and sanitizing of hands and arms. Water used as an ingredient. Note: It is recommended that any CFO that has a private water supply contact their local Environmental Health Agency to find out what requirements they will have to meet regarding the water. 4. Food Sources: All foods or ingredients used in a Cottage Food Operation shall come fro m an approved source and shall be obtained from sources that comply with all applicable laws. Approved sources include an acceptable producer, manufacturer, distributor, or a permitted food facility. 5. Food Storage: All food shall be manufactured, produc ed, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage. All food shall be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or oth er environmental sources of contamination. Adequate and suitable space shall be provided for the storage of food and ingredients. a. It is recommended that all food should be stored at least 6 inches above the floor or under other conditions that are appr oved by the local enforcement agency. Pressurized containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to moisture. b. Potentially hazardous food s (such as eggs and milk) used to make non potentially hazardous products for the cottage food operations are required to be held at 41 F or below . 6. Chemicals and Pe rsonal Item S torage: Chemical and personal items should be stored in an area separate from food. It is recommended to use pesticides and other cleaning chemicals that County of Los Angeles | Cottage Food Operation Guide 4 are safe to use in food areas . Follow the manufacturer’s product label on how to use the product safely. 7. F ood Handlers: Actions by food handlers in a CFO shall not result in the contamination or adulteration of food, food contact surfaces, or utensils. It is recommended that food handlers keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable. 8. Hand W ashing: All food handlers in a CFO shall thoroughly wash their hands and any exposed areas of the arms before starting work, immediately after using the bathroom, and as needed to prevent contamination of food or related equipment. Hand sanitizers are not acceptable substitute for hand washing. 9. Wounds/Illness and B andages: A person with a contagious illness such as tuberculosis or shall not hepatitis A work in the cottage food operation. It is recommended that a person with cuts, blisters, or burns cover their hands, wrist and arms with a dry, durable bandage and wear a glove before doing any food preparation or packaging . 10. Tobacco U se: A person involv ed in the preparation or packaging of cottage food products shall not smoke in the registered/permitted area of the CFO. 11. Washing and sanitizing: Kitchen equipment, utensils, and food contact surfaces used to produce cottage food products shall be clean a nd maintained in a good repair and shall be washed, rinsed, and sanitized prior to conducting food preparation or packaging. Recommended sanitizing solution: 100 p arts per million (ppm) for bleach (commonly used sanitizer). Other approved chemicals that c an be used are: 200 ppm quaternary ammonium or 25 ppm iodine . To make a 100ppm bleach sanitizer solution use unscented household bleach 1 tablespoon per 1 gallon of water. For best results the bleach should be used in warm water (100 °F - 110 °F ). The use of sponges when cleaning and/or sanitizing food - contact surfaces is not recommended. O ther s anitizers may be used if they are safe to use on surfaces that come in See sanitizer products labels. contact with food. 12. General Sanitation: No cottage food preparation, packaging, or handling may occur in the home kitchen/permitted area at the same time with any other domestic activities, such as family meal preparation, dishwashing, clothes washing, or guest entertainment. The sinks used for food preparation must be washed and sanitized before use. It is recommended that dirty mop water not be dumped in the kitchen sink . 13. Animals: Animals/pets are not allowed in the registered/ permitted areas of the cottage food operation at all times while prepar ing , packaging, or handling of cottage food products. 14. Vermin: All food preparation and food storage areas shall be maintained free of vermin. 15. Garbage: The premises of each cottage food operation shall be kept clean and free of litter, garbage, and vermin. County of Los Angeles | Cottage Food Operation Guide 5 16. Sewer : A CFO using an onsite wastewater system may need to have the system reviewed to ensure it is adequate for their proposed operation. FOOD PRODUCT LABELING A CFO shall properly label all cottage food products in compliance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.). Additionally, to the extent permitted by federal law, the label shall include, but is not limited to, all of the following: The words “Made in a Home Kitchen” in 12 - point type on the cottag e food product’s primary display panel. The name commonly used for the food product or an adequately descriptive name. The name of the CFO which produced the cottage food product and the address for its location. The registration or permit number of the Cl ass A or Class B CFO, respectively, which produced the cottage food product and, in the case of a Class B CFO, the name of the county of the local enforcement agency that issued the permit number. The ingredients of the cottage food product, in descending order of predominance by weight, if the product contains two or more ingredients. “ Class A ” Label Requirements “ Class B ” Label Requirements The word “Made in Home Kitchen” (Required to The word “Made in Home Kitchen” (Required be in the main display panel in 12 point size) to be in the main display panel in 12 point size) Common name of food or descriptive name Common name of food or descriptive name Name and address of Cottage Food Operation Name and address of Cottage Food Oper ation which produced the cottage food product which produced the cottage food product Registration Number of the Cottage Food Public Health Permit number of the Cottage Operation Food Operation Ingredients of the cottage food product, in The name of the county of the local descending order of predominance of weight, if enforcement agency that issued the permit the product contains two or more ingredients number Ingredients of the cottage food product, in descending order of predominance of weight, if the product contains two or more ingredients Food Facility Advertising A cottage food product that is served by a food facility, such as restaurant, without packaging or labeling shall be identified to the consumer as homemade on the menu, menu board, or other location that would reasonably inform a consumer of its homemade status. For the purpose of this document, “Homemade” means food made at a CFO. LIMITATIONS 1. A CFO can have only one full - time equivalent cottage food employee, not including a family or household member. 2. The CFO is limited to the following amount of gross annual sales: In 2013 $35,000 County of Los Angeles | Cottage Food Operation Guide 6 In 2014 $45,000 In 2015 and in subsequent years $50,000 3. A cottage food product shall not be potentially hazardous food. CDPH is responsible for maintaining the list of approved cottage food products on their website and may add or delete cottage food products from the list. Any change to the list shall become effective 30 days after it is added or removed from the list. 4. ONLY A “Class B” CFO may conduct indirect sales in the County where they are permitted , unless they receive permission from another County. 5. You may accept orders and payment on - line for the cottage food products, however, the cottage food products must be delivered directly to the buyer by the CFO. If you have additional questions or need further assistance, please call Consultative Services at (626)430 - 5320 or email cottagefoodoperator@ph.lacounty.gov. County of Los Angeles | Cottage Food Operation Guide 7