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HomeMy WebLinkAboutOrdinance No. 14-O4ORDINANCE NO. 14-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAPTER 88 - DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL CODE TO IMPLEMENT THE CALIFORNIA HOMEMADE FOOD ACT PER ASSEMBLY BILL 1616. WHEREAS, California Government Code, Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and WHEREAS, on September 21, 2012, Assembly Bill (AB) 1616, the California Homemade Food Act, commonly referred to as the Cottage Food Bill, was passed into law and became effective on January 1, 2013; and WHEREAS, AB 1616 permits individuals to manufacture, package, and sell certain non - potentially hazardous foods in private -home kitchens and requires cities to enact and/or enforce applicable regulations; and WHEREAS, enforcement of existing municipal code ordinances that are inconsistent with the California Homemade Food Act (AB 1616) is prohibited; and WHEREAS, on May 28, 2014, the Planning Commission of the City of Azusa ("Planning Commission") conducted a noticed public hearing on the proposed amendments to the Development Code at which time all persons wishing to testify in connection with the proposed amendments to the Development Code were heard and the amendment was fully studied, discussed and deliberated; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report presented during the public hearing for the proposed amendments to the Development Code and adopted Resolution No. 2014-04 recommending that the City Council approve the proposed amendments to the Development Code; and WHEREAS, on July 8, 2014, the City Council conducted a duly noticed public hearing on the proposed amendments to the Development Code at which time all persons wishing to testify in connection with the amendments to the Development Code were heard, and the proposed amendments and public testimony were fully studied, discussed, and deliberated; and WHEREAS, the City Council wishes to adopt the proposed amendments to the Development Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Development Code is amended as follows, with underlined text denoting additions. SECTION 2. Tables 2.1, 2.2, 2.3, and 2.4 of Article 2 of Chapter 88 of the Azusa Municipal Code are hereby amended, in part, to read as follows: DEVELOPMENT CODE AMENDMENT 235 Article 2 — Urban Standards Chapter 88.22 NEIGHBORHOODS — 88.22.065 Allowable Uses in Neighborhoods A. Permit Requirements, TABLE 2-1 Allowed Land Uses and Permit Requirements for Neighborhood Zones P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations NC NGI NG2 NG3 DW L MED MOD L MED MOD L MED MOD RESIDENTIAL USES Home occupation P P P P P P 88.42.100 Cottage food home occupation P P P Home Occupation P P P P P P P P P P 88.42.100 Cottage food home occupation P P P P P P P P P P 88.42.105 Chapter 88.24 DISTRICTS - 88.24.005 Allowable Uses in Districts A. Permit Requirements TABLE 2-2 Allowed Land Uses and Permit Requirements for Districts P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations DTC DCC DTV DE DW I DWL RESIDENTIAL USES Home occupation P P P P P P 88.42.100 Cottage food home occupation P P P P P P 88.42.105 Chapter 88.26 CORRIDORS - 88.26.005 Allowable Uses in Corridors A. Permit Requirements -2- TABLE 2-3 Allowed Land Uses and Permit Requirements for Corridors P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations CAZ CSG CSA CAH CFB RESIDENTIAL USES Home occupation — P Home occupation P P P P P 88.42.100 Cottage food home occupation P P P P P 88.42.105 Chapter 88.28 SPECIAL PURPOSE ZONES - 88.28.030 Special Purpose Zone Land Uses and Permit Requirements. B. Permit Requirements TABLE 2-4 Allowed Land Uses and Permit Requirements for University District (DU) P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations INS OS REC RESIDENTIAL USES Home occupation — P 88.42.100 Cottage food home occupation — P — 88.42.105 SECTION 3. Section 88.42.105 is hereby added to Chapter 88.42 of Article 4 of Chapter 88 of the Azusa Municipal Code to read as follows: "88.42.105. — Cottage Food Home Occupations. Where allowed by Article 2 (Urban Standards) of Chapter 88, cottage food home occupation businesses shall comply with the regulations of this section in addition to those regulations set forth and enforced by the County of Los Angeles Department of Public Health. A. PURPOSE. The requirements of this section are intended to: 1. Implement the California Homemade Food Act (AB 1616). 2. Recognize that a residential property owner or resident has a limited right to conduct an un- -3- obtrusive cottage food home occupation business from his or her residence, and recognize that the business should be conducted in such a manner that has little- to no impact on surrounding residents. 3. Preserve the residential character of residential neighborhoods, where cottage food home occupations operate. 4. Prevent the operation of a cottage food home occupation business from transforming a residential neighborhood into a commercial one: and 5. Administer well -articulated operating standards and minimum site standards to implement a predictable permitting process for the establishment of cottage food home occupation businesses. 6. Institute the Zoning Clearance Planning approval process for the approval of all cottage food home occupation businesses in addition to the required business license application. B. Approval Process, 1. A cottage food home occupation business license application and a zoning clearance application shall be submitted on forms provided by the City of Azusa Planning and Business License Divisions. Upon submittal, the Community Development Director or his/her designee will review the applications at the public counter and may require additional information to confirm full compliance with this Chapter. A site plan/floor plan of the residence shall be provided to the Planning Division to demonstrate an adequate parking space is provided and that the rooms dedicated to the cottage food home occupation are limited to the kitchen plus one additional room (including storage). 2 Applicant shall supply written proof that the cottage food home occupation business has been registered with the Los Angeles County Department of Public Health. 3 Applicant shall pay zoning clearance and cottage food home occupation business license fees associated with the City's review and processing of the applications. Said fees shall not exceed the City's cost of administering the review and permitting processes. 4 If the applications do not comply with the provisions set forth in this Chapter, the Community Development Director may deny the applications, or a revision may be required in order to meet the provisions of this chapter prior to approval of the application. 5 Approval granted by the City for the operation of a cottage food home occupation business may be revoked by the City if at any time the use is found to be out of compliance with the provisions of this Chapter or County of Los Angeles Department of Public Health requirements. 6. Cottage food home occupation business licenses are nontransferable. C. Performance Standards. A cottage food home occupation shall be allowed to operate from a legally established residential dwelling unit as an accessory use to the primary residential use of the dwelling_ provided that the use complies with all of the following performance standards: 1. Location Requirements: a A cottage food home occupation business shall be allowed to operate from a legally established single-family or multi -family residential dwelling unit located in the -4- applicable zones identified in Article 2 (Urban Standards) of Chapter 88 b. If the cottage food home occupation business operator is not the owner of the residence where the business will be conducted, the property owner's or apartment manager's written authorization shall be submitted with the application for a cottage food home occupation. c. If the cottage food home occupation business will be conducted in a residential dwelling located within a development subject to Homeowners Association CC&R's, the applicant shall provide written authorization from the HOA. d._ Each cottage food home occupation business license applicant shall demonstrate on a site plan, at least one adequate parking space is available to accommodate customers and deliveries. This required parking space shall not impede vehicular traffic or circulation, and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a desi ang tedug est parking space within a multi -family development may satisfy this requirement 2. Operating Standards: a. Cottage food home operations existing prior to this ordinance must obtain zoning clearance approval and a business license within thirty (30) days of the effective date of the ordinance. b. Cottage food home occupation businesses shall not operate before securing all required permits and approvals from the County of Los Angeles Department of Public Health. c. The cottage food home occupation use shall utilize only the kitchen and one additional room inside the residence (including storage areas), which have been permitted and inspected by the County of Los Angeles Department of Public Health. d A cottage food home occupation business is permitted to produce foods that are defined as "non -potentially hazardous" by the State of California Department of Public health. A current list of approved cottage food products is maintained on the California Department of Public Health's website and may be updated from time to time. e The cottage food operator must be a primary resident of the home where the cottage food home occupation business operates. A maximum of one (1) full-time employee, exclusive of family/household members, may be employed by the cottage food home occupation business at the residence. f. A cottage food home occupation business is permitted to conduct direct sales (as defined by Health & Safety Code Section 11375 8) from the home between the hours of 9:00 a.m. and 6:00 p.m. daily. g Direct sales from the home shall not be conducted from an attached garage, accessory residential structure, or anyplace outside of the residential dwelling. h. On-site dining and customer loitering is prohibited. No more than one customer may be allowed at the site at any given time. i At least one (1) parking space is required to accommodate customers and deliveries. This required parking space shall not impede vehicular traffic or circulation, and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a designated guest parking space within a multi -family development may satisfy this requirement. j Operation of the cottage food home occupation business shall not occupy any required - 5 - parking for the residential dwelling i.e., required garage parking. k. Delivery and loading vehicles shall not illegally park or sit idling, and shall not impede vehicular traffic or circulation at any time. 1. The cottage food home occupation business shall not generate obnoxious odors, fumes or emissions that are perceptible without instruments by a reasonable person at or beyond the property line of the site. in. The cottage food home occupation business shall comply with the noise standards for residential zones as identified in Chapter 88.31.020 of the Azusa Development Code." SECTION 4. The following definition is hereby added to Section 88.70.020.0 to read as follows: "Section 88.70.020.C: Cottage Food Home Occupation. An occupation or business enterprise which produces approved cottage food products (as defined by the California Department of Public Health per AB 1616) produced entirely within the kitchen of a residential dwelling unit by the resident(s) thereof, which is clearly incidental and secondary to the residential use of the dwelling unit Cottage food home occupations are operated by a cottage food operator, who may employ one full-time cottage food employee, who is not a household member. See Section 88.42.105 (Cottage Food Home Occupations)." SECTION 5. The following definition contained in Section 88.70.020.H is hereby amended to read as follows: "Section 88.70.020.H: Home Occupation. The conduct of a business within a dwelling unit or residential site, employing only the occupant(s) of the dwelling, with the business activity being subordinate to the residential use of the property. See Section 88.42. 100 (Home Occupations). For cottage food home occupations see Section 88 42.105 (Cottage Food Home Occupations)." SECTION 6. CE A. The City Council finds that this amendment to the Development Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15301 Class 1 (Existing Facilities) because the proposed ordinance establishes Cottage Food Operations as a type of home occupation to be conducted within an existing dwelling unit, which would involve negligible or no expansion of the existing residential use. Additionally, the proposed Development Code Amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) because the activity, which involves amending Sections of Chapter 88 of the City of Azusa Municipal Code, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of regulations, Title 14, Chapter 3, because the nature of the code amendment being considered ',has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. WE SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Azusa hereby declares that they would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be declared invalid, unconstitutional, or unenforceable. SECTION S. Findings of Fact. The City Council finds that: 1. That the proposed Development Code Amendment is consistent with the goals, policies and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement. The proposed amendment to the Development Code is consistent with the land use designations contained in the General Plan and maintains the existing zoning classifications for all areas of Azusa. The proposed addition of new land use regulations for Cottage Food Home Occupation Businesses will bring the City into compliance with State Law (AB 1616) and will further the goals and policies of the General Plan related to supporting local entrepreneurship, helping Azusa's Businesses, and building a strong, diverse economy in Azusa. General Plan Chapter 4: Economy and Community — Land Use Goal No. 1 calls for building and maintaining a strong, diverse economy in Azusa. Policy 1.2 directs the City to "Maintain a "business climate" in Azusa that communicates the city's support for business." Goal 5 calls for helping Azusa's residents to more fully participate in the economy. Goal 6 calls for the City to support local entrepreneurship and Goal 7 calls for the City to help Azusa's businesses. Economic Development Implementation Program (EC -4) Business Permitting states that the City should "Ensure that the permitting process is transparent, streamlined, and efficient. Delays and uncertainty regarding how to obtain the necessary permits for establishing a business or developing property can deter potential investors." The proposed Development Code Amendment will define Cottage Food Home Occupation businesses, assign a new land use designation for such uses, identify applicable zoning designations, as well as provide specific operating standards and a permitting process for the City to apply when receiving an application for this type of use. These amendments to the Development Code will enable the City to enforce land use regulations pertaining to Cottage Food Home Based businesses while achieving the General Plan goals and objectives identified above. Based on the facts presented above, the proposed Development Code Amendment is consistent with the applicable goals, policies and objectives of the General Plan. -7- 2. That the proposed zone change will not adversely affect surrounding properties. A zone change is not proposed as a component of this Development Code Amendment. The existing zoning classifications will remain the same throughout the City. The addition of land use standards for the operation of Cottage Food Home Occupation businesses will provide a regulation mechanism for the City to ensure the current zoning classifications remain intact. Therefore, the proposed Development Code Amendment would not adversely affect surrounding properties because current land use and zoning designations will remain as they are. SECTION 9. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 10. Publication. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED and ADOPTED this 21" day of July, 2014. Joseph Romero Rocha Mayor ATTEST: OF, K City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 14-04, was duly introduced and placed upon its first reading at a regular meeting of the Azusa City Council on the 81h day of July, 2014 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Azusa City Council on the 21" day of July, 2014 by the following vote to wit: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE eff e L nce Cornejo r. City Clerk APPROVED AS TO FORM: 4,a Marc4 A. Martinez Best Blest & Kriegei LLP City Attorney -9-