HomeMy WebLinkAboutPlanning Commission Resolution 2015-09 08/11/2015RESOLUTION NO. 2015-09
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING
ORDINANCE CHAPTER 7, SECTION 7.050 - HOME OCCUPATION PERMIT TO ADDRESS
CONSISTENCY WITH CALIFORNIA ASSEMBLY BILL 1616 REGARDING THE COTTAGE FOOD ACT
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
provides in pertinent part that no amendment that regulates matters listed in Government Code
Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the
amendment to be in conformity with the General Plan; and
WHEREAS, California Assembly Bill 1616, known as the Cottage Food Act, was signed into
law on September 21, 2012 and became effective on January 1, 2013; and
WHEREAS, The Cottage Food Act allows preparation and/or packaging of certain foods in
private kitchens for the purpose of selling either directly or indirectly to the public (restaurants,
markets, stores); and
WHEREAS, The Cottage Food Act limits production to non -potentially hazardous foods that
do not support the rapid growth of bacteria and outlines an approved food product list that
includes baked goods (without custard, cream, or meat filling), candy, dried fruit, dried pasta, fruit
pies, granola, trail mixes, herb blends, honey, and jams; and
WHEREAS, In order to bring local regulations into compliance with the Cottage Food Act,
staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 7
Section 7.050 - Home Occupation Permit to amend the prohibition on food handling by adding an
exception for those types of food handling, processing, or packing activities permitted by the
Cottage Food Act and to adhere to all applicable requirements of the state bill and a requirement
to obtain a separate clearance from the County Health Department as mandated by the Cottage
Food Act; and
WHEREAS, on July 30, 2015, public notice of the August 11, 2015 Planning Commission
meeting to consider the amendments was published in the Argus -Courier and sent to all members
of the public on the interested parties list for this item; and
WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public hearing
in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the
amendments.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
Planning Commission Resolution No. 2015-09 Page 1
The proposed amendments to the City's Implementing Zoning Ordinance Chapter 7:
Standards for Specific Land Uses contained in Exhibit A are in general conformity with
the Petaluma General Plan 2025 in that these changes may implement the goals,
policies, and programs of the Economic Health & Sustainability Element that seek to
retain and attract "basic" economic activities that bring dollars into the local economy
by exporting products and services to the outside and helps to provide an array of
employment opportunities to existing and future residents by assuring diversity in
Petaluma's industry and enterprise mix.
2. The proposed amendments are consistent with the public necessity, convenience and
welfare in that they ensure Petaluma's land use and zoning regulations are in
compliance with the Cottage Food Act.
3. The proposed amendments, attached hereto as Exhibit A, are hereby referred to the
Petaluma City Council for consideration and findings in accordance with Sections
25.010 and 25.050 of the Implementing Zoning Ordinance.
4. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor
Alterations in Land Use Limitations) in that the amendments involve minor modifications
to the Implementing Zoning Ordinance and SmartCode that do not result in significant
changes in allowable land use or density.
ADOPTED this 11th day of August, 2015, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Barrett
X
Vice Chair Benedetti-Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
,
Jo
elyn Lin, Chair
ATTEST: r - APPROVED AS TO FORM:
e
He ther Hines, ComPsion Secretary Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2015-09 Page 2
Exhibit A
DRAFT
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 7, SECTION
7.050 - HOME OCCUPATION PERMIT TO IMPLEMENT CALIFORNIA ASSEMBLY BILL 1616
REGARDING THE COTTAGE FOOD ACT
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
provides in pertinent part that no amendment that regulates matters listed in Government Code
Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the
amendment to be in conformity with the General Plan; and
WHEREAS, in order to bring local regulations into compliance with the Cottage Food Act,
staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 7
Section 7.050 - Home Occupation Permit to amend the prohibition on food handling by adding an
exception for those types of food handling, processing, or packing activities permitted by the
Cottage Food Act and to adhere to all applicable requirements of the state bill and a requirement
to obtain a separate clearance from the County Health Department as mandated by the Cottage
Food Act; and
WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning
Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and,
WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing
in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and,
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its
Resolution No. 2015 -XX, recommending that the City Council adopt the amendments; and
WHEREAS, the amendments are categorically exempt pursuant to CEQA Section 15305
(Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to
the Implementing Zoning Ordinance that do not result in significant changes in allowable land use
or density; and,
WHEREAS, on XXXX XX, XXXX, a public notice of the XXXX XX, XXXX public hearing before the
City Council to consider the amendments was published in the Argus -Courier; and,
WHEREAS, on XXXX XX, XXXX, the City Council of the City of Petaluma held a duly noticed
public hearing to consider the amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds:
The provisions amending the IZO, Chapter 7, Section 7.050, Home Occupation Permit, as
hereinafter set forth, (collectively, "the amendments"), are in general conformity with
the Petaluma General Plan 2025 because the amendments implement the goals,
policies and programs of the Economic Health & Sustainability Element that seek to
retain and attract "basic" economic activities that bring dollars into the local economy
by exporting products and services to the outside and help to provide an array of
Planning Commission Resolution No. 2015-09 Page 3
employment opportunities to existing and future residents by assuring diversity in
Petaluma's industry and enterprise mix.
2. The proposed amendments are consistent with the public necessity, convenience and
welfare in that they ensure Petaluma's land use and zoning regulations are in
compliance with the Cottage Food Act.
3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor
Alterations in Land Use Limitations) in that the amendments involve minor modifications
to the Implementing Zoning Ordinance that do not result in significant changes in
allowable land use or density.
Section 2. Section 7.050.F of the City of Petaluma Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
Examples of uses which will not be considered as home occupations. The uses specified below
shall not be permitted as home occupations because by their nature they have one or more of
the following characteristics: equipment or machinery of a type or quantity not typically found
in the home; need for outside storage; parking needs greater than what can be provided on-
site; need for special permits (e.g., health, ABC, Federal Firearm, etc.); need for extensive
alteration to the residence or lot. The uses specified below shall not be permitted as home
occupations:
1. Auto or vehicle repair, or tune-up.
2. Barber shop/beauty salon.
3. Card -reading astrological services.
4. Class instruction on premise with more than two students at any time.
5. On-site painting services (auto, boat, appliances, etc.).
6. Care, treatment, or boarding of animals for a fee.
7. Gun repair, sale of guns or ammunition (sale of five or fewer guns a year is exempt from
this section).
8. Activities involving substantial amounts of dangerous or hazardous materials, including
but not limited to pesticides, herbicides, poisons, and highly flammable materials.
9. Any food handling, processing, or packing, except for cottage food operations as
defined in California Government Code section 113758 that must be permitted pursuant
to the Cottage Food Act, California Government Code section 51035.
Section 3. Except as amended herein, the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each and
all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 5. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or
post this ordinance or a synopsis for the period and in the manner provided by the City Charter and
other applicable law.
Planning Commission Resolution No. 2015-09 Page 4