HomeMy WebLinkAboutPC Resolution 13-2822 RESOLUTION NO. 13 -2822
L 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
L Downey Patriot as a 1 / 8th page ad. Additionally, on March 22, 2013, in compliance
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 code 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
L food businesses to operate 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.
Resolution No. 13 -2822
Downey Planning Commission
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 existing 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 sustainable, 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 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.
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.
(b) The home occupation shall be conducted by a member or members of the
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Resolution No. 13 -2822
Downey Planning Commission
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.
Q) 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.
(c) Garages or carports, whether attached or detached, shall not be used for
a home occupation, other than for the storage of an automobile.
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Resolution No. 13 -2822
Downey Planning Commission
(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.
(q) 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 cottaqe 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.
(1) 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.
(I) 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.
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Resolution No. 13 -2822
Downey Planning Commission
L SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17 da, 4 f April 2013.
, idlijiii i
1 L- Morale., Ch.•man
// 0ity Planni • Commission
1 HEREBY CERTIFY that the foregoing is a true cof a Resolution adopted by the Planning
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: Flores, Rodriguez, and Morales
NOES: COMMISSIONERS: Kiefer
ABSENT: COMMISSIONERS: Lujan
ABSTAIN: COMMISSIONERS: None 1
Mary Cavanagh, Secre
City Planning Commission
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