Ord 2248 - Allow Cottage Food Industry Businesses as Home Occupation BusinessesORDINANCE 2248
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.10.09025 OF THE LOS GATOS TOWN CODE
TO ALLOW COTTAGE FOOD INDUSTRY BUSINESSES AS HOME OCCUPATION
BUSINESSES AS REQUIRED BY ASSEMBLY BILL 1616 AND TO INCLUDE
ADDITIONAL PROHIBITED HOME OCCUPATION USES
WHEREAS, the Town Council of Los Gatos seeks to implement AB 1616 to allow
cottage food industry businesses as home occupation businesses; and
WHEREAS, the Town Council wishes to include additional prohibited home occupation
uses; and
NOW, THEREFORE,
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Los Gatos Town Code 29.10.09025 is hereby amended to read as follows:
Sec. 29.10.09025. — Home occupations.
(a) Scope. Home occupations are allowed in any dwelling in any zone, even if the dwelling
is nonconforming, subject to the following regulations:
(1) No premises shall be used for a home occupation unless the user has a home occupation
permit.
(2) There shall be no employees other than members of the resident family.
(3) There shall be no materials or mechanical equipment used which are not such as would
be employed in normal household or hobby activities.
(4) The home occupation shall not involve the presence of more than (1) customer on the
premises at any time.
(5) The home occupation shall not cause pedestrian or vehicular traffic or the parking of
vehicles either on the premises or on public or private streets or sidewalks adjacent to
the premises in numbers or volumes which exceed that which is usual in the Town at
comparable places of residence where there is no home occupation.
(6) There shall be no use of commercial vehicles for delivery of materials to or from the
premises.
(7) There shall be no storage of materials or supplies indoors or outdoors in a manner
which is visible from adjacent premises or public ways.
(8) There shall be no advertising sings or structures.
(9) The home occupation shall not be conducted in such a way as to decrease the total
number of required or available off- street parking spaces for the premises.
(10) Cottage food operations are allowed as home occupations so long as the cottage food
operations are in compliance with the requirements for those operations contained in
the California Government Code and with the California Health and Safety Code, as
amended. Cottage food operations are limited to the registered or permitted area by the
County of Santa Clara Department of Environmental Health.
(11) The home occupation shall not alter the single - family residential character of any
portion of the premises.
(12) The home occupation shall not result in the emission of noise, dust, smoke, odor or
radiation which results in interference with radio or television reception.
(1 The foregoing subsections (2) through (14) expressly prohibit acts and conditions, are
not an exclusive listing of the limitations on the conduct of home occupations, and no
home occupations shall be conducted in a manner inconsistent with the definition of
"home occupation" set out in section 29.10.020 of this Code to the effect that the use
shall not be discernible from the exterior of the dwelling unit.
(b) Statement. The Planning Director may, before issuing a permit, require that each
applicant sign a statement certifying that the home occupation will comply with the provisions of
the definition of "home occupation" in section 29.10.020 and subsection (1) of this section, but is
not required to rely on such statement, and may make such investigation as the Planning Director
deems necessary to determine whether the home occupation will be conducted in compliance
with this section.
(c) Denial. The Planning Director shall not issue a home occupation permit where the
Planning Director finds that the home occupation will not comply with the provisions of the
definition of "home occupation" in section 29.10.020 and subsection (1) of this section.
(d) Investigation. The Planning Director shall revoke any home occupation permit when
this chapter or a condition of the permit is violated.
(e) Revocation. Before revoking a home occupation permit, the Planning Director shall
give the pennittee ten (10) days' notice in writing that revocation is under consideration, shall
consider whatever evidence the pennittee wishes to present to contest the revocation, and shall
give pennittee written notice of the decision. Both notices shall be mailed to the address given
by the pennittee in the application for the home occupation permit or such other address as the
pennittee has provided the Planning Director.
(f) Prohibited Uses. The following uses are prohibited:
(1) Retail sales of firearms, ammunition and/or destructive devices .
(2) Medical offices /uses.
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(3) Contractor /contracting services which have crews that meet on site prior to
traveling to another job site, or which require the storage of building materials or
equipment on site, or which will park or store vehicles or construction equipment
on site.
(4) On -site dining for cottage food operations.
(5) Food catering, excluding cottage food operations that are allowed under and fully
comply with the requirements therefore contained within the California
Government Code and the California Health and Safety Code, together with
applicable regulations promulgated thereunder, as amended.
SECTION II
The Town Council finds and determines that the adoption of this ordinance is exempt
from the requirements of the California Environmental Quality Act (CEQA) per CEQA
Guidelines under the General Rule [Section 15061(b)(3)], which sets forth that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. It can be seen with certainty that the proposed Town Code text amendments will
have no significant negative effect on the environment.
SECTION III
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are severable. This Town Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends
that the invalid portions should be severed and the balance of the ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos
Town Code shall remain unchanged and shall be in full force and effect.
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SECTION V
This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the
full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance
may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town
Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC
36933(c)(1).
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS:
ABSTAIN
MAAYO"F THE TOWN OF LOS GATOS
ATOS, CALIFORNIA
ATTEST: DATE: e ��
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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