Staff Report°wN °� MEETING DATE: 12/01/15
ITEM NO:
COs sit°g COUNCIL AGENDA REPORT
DATE: NOVEMBER 9, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER �..
SUBJECT: TOWN CODE AMENDMENT A-13-002. HOME OCCUPATIONS AMENDMENTS.
INTRODUCE ORDINANCE ADOPTING AMENDMENTS TO SECTION 29.10.09025
OF CHAPTER 29 (ZONING REGULATIONS — HOME OCCUPATIONS) OF THE
TOWN CODE TO INCLUDE COTTAGE FOOD INDUSTRY BUSINESSES AND
ADDITIONAL PROHIBITED HOME OCCUPATION USES.
RECOMMENDATION:
After opening and closing the public hearing, and asking the Clerk Administrator to read the title
of the proposed ordinance, it is recommended that the Town Council:
Move to introduce the Ordinance of the Town of Los Gatos effecting the amendments of Town
Code Amendment A-13-002 (Attachment 1) and make the required findings that the
amendments are consistent with the General Plan and its Elements and that the amendments
are exempt from the California Environmental Quality Act [Section 15061 (b)(3)]; and
2. Move to waive the reading of the Ordinance.
BACKGROUND:
Town Code Home Occupation Amendments were posted on the November 3, 2015 Town Council
meeting agenda (Item 14). Due to a full agenda, the item was not heard and was continued to December
1, 2015.
Attachments:
1. November 3, 2015 Staff Report and Addendum
PREPARED BY: KIMBERLY CASTRO
Special Projects Manager
bbl4p
Reviewed by: Assistant Town Manager
"TAwn Attorney Finance
N:\DEV\TC REPORTS\2d15\Home Occupation - Intro[A-13-002] - Dec. Ldoc
MEETING DATE: 11/03/15
ITEM NO:
a s ' COUNCIL AGENDA REPORT
DATE: NOVEMBER 3, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT A-13-002. HOME OCCUPATIONS
AMENDMENTS.
INTRODUCE ORDINANCE ADOPTING AMENDMENTS TO SECTION
29.10.09025 OF CHAPTER 29 (ZONING REGULATIONS — HOME
OCCUPATIONS) OF THE TOWN CODE TO INCLUDE COTTAGE FOOD
INDUSTRY BUSINESSES AND ADDITIONAL PROHIBITED HOME
OCCUPATION USES.
RECOMMENDATION:
After opening and closing the public hearing, and asking the Clerk Administrator to read the
title of the proposed ordinance, it is recommended that the Town Council:
1. Move to introduce the Ordinance of the Town of Los Gatos effecting the amendments of
Town Code Amendment A-13-002 (Attachment 1) and make the required findings that
the amendments are consistent with the General Plan and its Elements and that the
amendments are exempt from the California Environmental Quality Act [Section 15061
(b)(3)]; and
2. Move to waive the reading of the Ordinance.
BACKGROUND:
The Town Council's Strategic Goals for 2014-2016 includes an amendment to the Town's
Ordinance for Home Occupation Permits (Chapter 29). In August, the Council identified its 2015-
2017 Strategic Goals, which included the Code amendment for Home Occupation Permits. State
Assembly Bill AB 1616 was signed into law in 2012 and includes cottage food production as a
permitted home occupation use (home based businesses) for residential property. Cottage food
PREPARED BY:
Reviewed by:
KIMBERLY GASTRO ����"`�
Special Projects Manage
Town
Town Attorney
N:1DEVITC REPORTs\20151Home Occupation - lntro[A-13-002].doc ATTACHMENT 1
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HOME OCCUPATION AMENDMENTS( A-13-002
DATE: NOVEMBER 3, 2015
production is identified as food that is home made. Other names are "artisanal food " "slow food,"
or `locally based food." The cottage food industry seeks to connect food to local communities,
promote small business operations, and foster environmental sustainability. In all cases, cottage
food production should maintain the integrity of the neighborhood.
On October 14, 2015 the Planning Commission held a Public Hearing to consider its
recommendation of amendments to Chapter 29 (Zoning Regulations -Home Occupation) of the
Town Code (Attachment 2). At the Public Hearing, the Commissioners received a presentation
from Staff on the proposed amendments. There were no public comments received on this item.
After full consideration of the proposed amendments, it was determined that there were no CEQA
impacts to this amendment, and it is consistent with the General Plan. Therefore, the Commission
recommended that the Town Council approve the proposed amendments to the Town Code (Chapter
29) (Attachment 3).
DISCUSSION:
The Home Occupation provisions regulate the conditions, uses, and types of home businesses
residents can have with a permit. In the California Health and Safety Code, cottage food operations
may operate on a residential property zoned for those purposes and must have a permit from the
County of Santa Clara Department of Environmental Health and a Town business license. Home
Occupation compliance requires a Home Occupation permit. The Code restricts several
occupations and strives to maintain neighborhood integrity by regulating the number of vehicles,
machinery, parking, and by prohibiting uses that could generate loud noise or are better suited in
other zones.
The proposed Town Code amendment is structured to implement AB 1616 for cottage food
operations. Under the Town's current Code, the cottage food industry is not addressed. The
proposed revisions are modeled after the cities of Morgan Hill, Mountain View, and San Jose and
the County of Santa Clara. In preparation of this proposed amendment, staff also identified
clarifications for the prohibited uses for home occupations. The Town's current Home Occupation
provisions were originally adopted by the Council in 1976, modified in 1977, and subsequently
amended in 2013.
The Code amendment includes the following additional language which is detailed in Attachment 1.
Sec. 29.10.09025. — Home occupations.
(a) Scope
(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.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: HOME OCCUPATION AMENDMENTS/ A-13-002
DATE: NOVEMBER 3, 2015
(f) Prohibited Uses
(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 win the California Government
Code and the California Health and Safety Code, together with applicable regulations
is promulgated thereunder, as amended.
These amendments update the Town's Ordinance and are consistent with AB 1616.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends that the Town Council adopt the attached
amendments to Town Code Section 29.10.09025 of Chapter 29. The amendments would
also meet a 2014-2016 Town Council Strategic Goal.
ALTERNATIVES:
1. Reject the Planning Commission recommendation and do not modify the Code
2. Accept the Planning Commission recommendation with modifications
3. Continue this item to a date certain with specific direction to staff
4. Refer the item back to the Planning Commission with specific direction
Staff does not recommend any of the above alternatives because the draft Ordinance
amendments were carefully evaluated and modified based on State Assembly Bill 1616.
COORDINATION:
This report has been coordinated by the Town Manager's Office with the assistance of the
Community Development Department and the Town Attorney's Office.
FISCAL IMPACT:
There is no anticipated Fiscal Impact from the proposed Town Code amendments.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Ordinance
2. October 14, 2014 Planning Commission Staff Report (includes Exhibits 1-2)
3. October 14, 2015 Planning Commission Verbatim Minutes
THIS PAGE
INTENTIONALLY
LEFT BLANK
Draft Ordinance
ORDINANCE NO.
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.
ATTACH1V11 NT I
(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.
(19) 11 The home occupation shall not alter the single-family residential character of any
portion of the premises.
(44) 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.
0-2) 13The 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 permittee, 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 pen -nit is violated.
(e) Revocation. Before revoking a home occupation permit, the Planning Director shall
give the permittee ten (10) days' notice in writing that revocation is under consideration, shall
consider whatever evidence the permittee wishes to present to contest the revocation, and shall
give permittee written notice of the decision. Both notices shall be mailed to the address given
by the permittee in the application of the home occupation permit or such other address as the
permittee has provided the Planning Director.
(f) Prohibited Uses. The following uses are prohibited:
(1) Retail sales of firearms, ammunition and/or destructive devices and services.
(2) Medical offices/uses.
N
(3) Contractor/contracting services which have crews that meet on site prior to
traveling to another job site, or which requires 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 win the California Government
Code and the California Health and Safety Code together with applicable
regulations is 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
circumstances 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.
3
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:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/:ri1 *lI
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
W.D[V,.ORDS`QU4 5'`.!lomeOccupation.doex
4
TOWN OF LOS GATOS
°•� PLANNING COMMISSION STAFF REPORT
Meeting gate: October 14, 2015
PREPARED BY: Kimberly D. Castro, Special Projects Manager
kcastro(losgatosca.gov
APPLICATION NO: Town Code Amendment A-13-002
LOCATION: Town -wide
APPLICANT: Town of Los Gatos
CONTACT": Kimberly Castro, Special Projects Manager
APPLICATION
ITEM NO: 6
SUMMARY: Public Hearing to consider adoption of amendments to Section
29.10.09025 of Chapter 29 (Zoning Regulations -- Home Occupations)
of the Town Code to include cottage food industry businesses and
additional prohibited Home Occupation uses.
RECOMMENDATION: Forward to Town Council with a recommendation for adoption.
CEQA: It has been determined that there is no possibility that this project will
have a significant impact on the environment; therefore, the project is
not subject to the California Environmental Quality Act [,Section
15061 (b) (3)]
FINDINGS: ■ Find that there is no possibility that this project will have a
significant impact on the environment; therefore, the project is not
subject to the California Environmental Quality Act [Section
15061 (b) (3)].
■ The Planning Commission must make a finding that the Town
Code amendments are consistent with the General Plan if the
recommendation is for adoption.
ACTION. Recommendation to Town Council.
EXHIBITS: I . State Assembly Bill — AB 1616 (20 pages)
2. Draft Town Code Amendments - Chapter 29 Home Occupations
A,'T'TACHMENT 2
Planning Commission Staff Report - Page 2
Ordinance for Home Occupations/A-13-002
October 14, 2015
BACKGROUND:
The Town Council's Strategic Goals for 2014-20.16 includes an amendment to the Zoning
Ordinance for Home Occupation Permits (Chapter 29). in August, the Council completed its
2015-2017 Strategic Goals, including the completion of items in progress such as this. State
Assembly Bill AB 1616 (Exhibit 1) was signed into law in 2012 and includes cottage food
production as a pennitted home occupation use (home based businesses) for residential property.
Cottage food production is identified as food that is home made. Other names are "artisanal
food," "slow food," "locally based food," or "urban agriculture." The cottage food industry seeks
to connect food to local communities, promote small business operations, and foster
environmental sustainability. In all cases, cottage food production should maintain the integrity
of the neighborhood.
The Home Occupation provisions regulate the conditions, uses, and types of home occupations
residents can have in their homes with a permit. In the California Health and Safety Code,
cottage food operations may operate on a residential property zoned for those purposes and must
have a permit from the County of Santa Clara Department of Environmental Health and a Town
business license. Home Occupation compliance requires a Horne Occupation permit; it restricts
several occupations and strives to maintain neighborhood integrity by regulating the number of
vehicles, machinery, parking, and prohibiting uses that could generate loud noise or are better
suited in other zones.
The proposed Town Code amendment is structured to implement AB 1616 for cottage food
operations. Under the Town's current Code, the cottage food industry is not addressed. The
proposed revisions are modeled after the cities of Morgan Hill, Mountain View, and San Jose
and the County of Santa Clara. In preparation of this proposed amendment, staff also identified
clarifications for the prohibited uses for home occupations. The Town's current Home
Occupation provisions were originally adopted by the Council in 1976, modified in 1977, and
subsequently amended in 2013. The proposed Town Code amendment would implement the
requirements of AB 1616.
DISCUSSION:
To implement recent State law, three cities (Morgan Hill, Mountain View and San Jose) and the
County of Santa Clara have updated their local codes to include the cottage food industry. The
proposed Ordinance (Exhibit 2) is based on the work of these other jurisdictions. The major
features and amendments of the ordinance are: inclusion of cottage food operations as a home
occupation and additions to the prohibited uses to add food catering. Exhibit 2 provides the full
text of Chapter 29 with the proposed revisions and proposed language underlined. There are no
proposed deletions.
The Community Development Director is given discretion to approve, deny and revoke any
Home Occupation Permits under the provisions of the current and proposed ordinance. Any
appeals would be heard by the Planning Commission and follow the public noticing
requirements as set forth in the Town Code and require the payment of appeal fees as established
Planning Commission Staff Report - Page 3
Ordinance for Home Occupations/A-13-002
October 14, 2015
by resolution of the Town Council. The Planning Commission's decision can also be appealed
to the Town Council.
CEOA DETERMINATION:
It has been determined that there is no possibility that this project will have a significant. impact
on the environment; therefore, the project is not subject to the California Environmental Quality
Act [Section 15061 (b) (3)J.
PUBLIC COMMENTS:
No public comments have been received at the time of this report preparation.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The proposed amendments to Chapter. 29 of the Town Code are recommended to align the Town
Code with State law and to update provisions of the Town Code to include clarity for prohibited
Home Occupation uses.
B. Recommendation
For the reasons discussed in this report, staff recommends that the Planning Commission forward
the draft Ordinance to the Town Council with a recommendation for adoption. The Commission
should also include any comments or recommended changes to the draft Ordinance in taking the
following actions:
I. Find that there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental Quality
Act [Section 15061 (b) (3)); and
2. The Planning Commission must make a finding that the Town. Code amendments are
consistent with the General Plan if the recommendation is for adoption.
3. Forward a recommendation to Town Council for adoption of the Town Code
amendments to Section 29.10.09025.
Planning Commission Staff Report - Page 4
Ordinance for Flotne Occupations/A-13-002
October 14, 2015
ALTERNATIVE:
Due to the state mandate, there are no alternatives for Planning Commission consideration.
Prepared by:
Kimberly D. Castro
Special Projects Manager
N:%DEV\PC REPORTS`W0151,A-13-OO2HomcOccupalion.docx
.ti
Approved by:
Laurel R. Prevetti
Town Manager/Community Development Director
BILL NUMBER: AB 1616 CHAPTERED
BILL TEXT
CHAPTER 415
FILED WITH SECRETARY OF STATE SEPTEMBER 21., 2012
APPROVED BY GOVERNOR SEPTEMBER 21, 2012
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 30, 2012
AMENDED IN SENATE AUGUST 30, "2012
AMENDED 1N SENATE AUGUST 24, 2012
AMENDED 1N SENATE AUGUST 21, 201.2
AMENDED IN SENATE JULY 3, 2012
AMENDED IN ASSEMBLY MAY 3, 2012
AMENDED 1N ASSEMBLY APRIL 25, 2012
AMENDED 1N ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Gatto
(Coauthors: Assembly Members Fletcher, Huffman, Nestande, V.
Manuel Perez, and Wieckowski)
(Coauthors: Senators Correa and DeSau)nier)
FEBRUARY 8, 2012
An act to add Chapter 6.1 (commencing with Section 51035) to Part 1 of Division 1 of
Title 5 of the Government Code, and to amend Sections 109947, 110050, 110460, 11.1955,
I XHIBff 1.
10/14/15 PC Staff Rpt
113789, 113851, 114021, 114023, 114390,114405, and 114409 of, to add Sections
113758 and 114088 to, and to add Chapter 11.5 (commencing with Section 114365) to
Part 7 of Division 104 of, the Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1616, Gatto. Food safety: cottage food operations.
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law), requires the
State Department of Public Health to regulate the manufacture, sale, labeling, and
advertising activities related to food, drugs, devices, and cosmetics in conformity with the
Federal Food, Drug, and Cosmetic Act. The Sherman Law makes it unlawful to manufacture,
sell, deliver, hold, or offer for sale any food that is misbranded. Food is misbranded if its
labeling does not conform to specified federal labeling requirements regarding nutrition,
nutrient content or health claims, and food allergens. Violation of this law is a
misdemeanor.
The existing California Retail Food Code provides for the regulation of health and sanitation
standards for retail food facilities, as defined, by the State Department of Public Health.
Under existing law, local health agencies are primarily responsible for enforcing the
California Retail Food Code. That law exempts private homes from the definition of a food
facility, and prohibits food stored or prepared in a private home from being used or offered
for sale in a food facility. That law also requires food that is offered for human consumption
to be honestly presented, as specified.
A violation of these provisions is a misdemeanor.
This bill would include a cottage food operation, as defined, that is registered or has a
permit within the private home exemption of the California Retail Food Code. The bill
would also exclude a cottage food operation from specified food processing establishment
and Sherman Law requirements. This bill would require a cottage food operation to meet
specified requirements relating to training, sanitation, preparation, labeling, and
permissible types of sales and would subject a cottage food operation to inspections under
specified circumstances. The bill would require a food facility that serves a cottage food
product without packaging or labeling to identify it as homemade. The bill would establish
various zoning and permit requirements relating to cottage food operations.
This bill would incorporate additional changes in Section 113789 of the Health and Safety
Code, proposed by AB 2297, to be operative only if AB 2297 and this bill are both chaptered
and become effective January 1, 2013, and this bill is chaptered last.
By imposing duties on local officials and adding new crimes, this bill would create a state -
mandated local program. The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is
required by this act for a specified reason. With regard to any other mandates, this bill
would provide that, if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be made pursuant to
the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following:
(a) Small businesses have played an important role in helping slow economies recover
and prosper as an engine of job creation. During the 1990s, small businesses created the
majority of new jobs and now account for 65 percent of United States employment.
(b) California, and the United States as a whole, are facing growing obesity and obesity -
related disease epidemics.
(1) Two-thirds of American adults and nearly one-third of children and teens are obese or
overweight, placing them at risk for developing chronic diseases such as diabetes, heart
disease, and cancer.
(2) One in every nine California children, one in three teens, and over half of adults are
already overweight or obese. This epidemic affects virtually all Californians.
(3) These health conditions are preventable and curable through lifestyle choices that
include consumption of healthy fresh foods.
(c) For decades, low-income and rural communities have faced limited opportunities to
purchase healthy foods. Often, without cars or convenient public transportation options,
low-income residents in these areas must rely for much of their shopping on expensive,
fatty, processed foods sold at convenience and corner stores.
(d) There is a growing movement in California to support community-based food
production, sometimes referred to as "cottage food," "artisanal food," "slow food," "locally
based food," or "urban agriculture" movements. These movements seek to connect food to
local communities, small businesses, and environmental sustainability.
(e) Increased opportunities for entrepreneur development through microenterprises can
help to supplement household incomes, prevent poverty and hunger, and strengthen local
economies.
(f) At least 32 other states have passed laws that allow small business entrepreneurs to
use their home kitchens to prepare, for sale, foods that are not potentially hazardous.
(g) Even some bake sales are currently illegal in California.
(h) It is the intent of the Legislature to enact a homemade food act specifically designed to
help address these challenges and opportunities.
SEC. 2. Chapter 6.1 (commencing with Section 51035) is added to Part 1 of Division 1 of
Title 5 of the Government Code, to read:
CHAPTER 6.1. COTTAGE FOOD OPERATIONS
51035. (a) A city, county, or city and county shall not prohibit a cottage food operation, as
defined in Section 113758 of the Health and Safety Code, in any residential dwellings, but
shall do one of the following:
(1) Classify a cottage food operation as a permitted use of residential property for zoning
purposes.
(2) Grant a nondiscretionary permit to use a residence as any cottage food operation that
complies with local ordinances prescribing reasonable standards, restrictions, and
requirements concerning spacing and concentration, traffic control, parking, and noise
control relating to those homes. Any noise standards shall be consistent with local noise
ordinances implementing the noise element of the general plan. The permit issued
pursuant to this paragraph shall be granted by the zoning administrator, or if there is no
zoning administrator, by the person or persons designated by the planning agency to grant
these permits, upon the certification without a hearing.
(3) Require any cottage food operation to apply for a permit to use a residence for its
operation. The zoning administrator, or if there is no zoning administrator, the person or
persons designated by the planning agency to handle the use permits, shall review and
decide the applications. The use permit shall be granted if the cottage food operation
complies with local ordinances, if any, prescribing reasonable standards, restrictions, and
requirements concerning the following factors: spacing and concentration, traffic control,
parking, and noise control relating to those homes. Any noise standards shall be consistent
with local noise ordinances implementing the noise element of the general plan. The local
government shall process any required permit as economically as possible. Fees charged
for review shall not exceed the costs of the review and permit process. An applicant may
request a verification of fees, and the city, county, or city and county shall provide the
applicant with a written breakdown within 45 days of the request. The application form for
cottage food operation permits shall include a statement of the applicant's right to request
the written fee verification.
(b) In connection with any action taken pursuant to paragraph (2) or (3) of subdivision (a),
a city, county, or city and county shall do all of the following:
(1) Upon the request of an applicant, provide a list of the permits and fees that are
required by the city, county, or city and county, including information about other permits
that may be required by other departments in the city, county, or city and county, or by
other public agencies. The city, county, or city and county shall, upon request of any
applicant, also provide information about the anticipated length of time for reviewing and
processing the permit application.
(2) Upon the request of an applicant, provide information on the breakdown of any
individual fees charged in connection with the issuance of the permit.
(3) If a deposit is required to cover the cost of the permit, provide information to the
applicant about the estimated final cost to the applicant of the permit, and procedures for
receiving a refund from the portion of the deposit not used.
(c) Use of a residence for the purposes of a cottage food operation shall not constitute a
change of occupancy for purposes of the State Housing Law (Part 1.5 (commencing with
Section 17910) of Division 13 of the Health and Safety Code), or for purposes of local
building and fire codes.
(d) Cottage food operations shall be considered residences for the purposes of the State
Uniform Building Standards Code and local building and fire codes.
SCC. 3. Section 109947 of the Health and Safety Code is amended to read:
109997. "Food processing facility" means any facility operated for the purposes of
manufacturing, packing, or holding processed food. Food processing facility does not
include a food facility as defined in Section 113785, a cottage food operation that is
registered or has a permit pursuant to Section 114365, or any facility exclusively storing,
handling, or processing dried beans.
SGC. 4. Section 110050 of the Health and Safety Code is amended to read:
110050. The Food Safety Fund is hereby created as a special fund in the State "Treasury.
All moneys collected by the department under subdivision (c) of Section 110466 and
Sections 110470, 110471, 110485, 114365, 114365.6, 111130, and 113717, and under
Article 7 (commencing with Section 110810) of Chapter 5 shall be deposited in the fund,
for use by the department, upon appropriation by the Legislature, for the purposes of
providing funds necessary to carry out and implement the inspection provisions of this
part relating to food, licensing, inspection, enforcement, and other provisions of Article 12
(commencing with Section 111070) relating to water, the provisions relating to education
and training in the prevention of microbial contamination pursuant to Section 110485, and
the registration provisions of Article 7 (commencing with Section 110810) of Chapter 5,
and to carry out and implement the provisions of the California Retail Food Code (Part 7
(commencing with Section 113700) of Division 104).
SEC. 5. Section 110460 of the Health and Safety Code is amended to read:
110460. No person shall engage in the manufacture, packing, or holding of any processed
food in this state unless the person has a valid registration from the department, except
those engaged exclusively in the storing, handling, or processing of dried beans. The
registration shall be valid for one calendar year from the date of issue, unless it is revoked.
The registration shall not be transferable. This section shall not apply to a cottage food
operation that is registered or has a permit pursuant to Section
114365.
SEC. 6. Section 111955 of the Health and Safety Code is amended to read:
111955. "Food processing establishment," as used in this chapter, shall mean any room,
building, or place or portion thereof, maintained, used, or operated for the purpose of
commercially storing, packaging, making, cooking, mixing, processing, bottling, canning,
packing, slaughtering, or otherwise preparing or handling food except restaurants. "Food
processing establishment" shall not include a cottage food operation that is registered or
has a permit pursuant to Section 114365.
SEC. 7. Section 113758 is added to the Health and Safety Code, to read:
113758. (a) "Cottage food operation" means an enterprise that has not more than the
amount in gross annual sales that is specified in this subdivision, is operated by a cottage
food operator, and has not more than one full-time equivalent cottage food employee, not
including a family member or household member of the cottage food operator, within the
registered or permitted area of a private home where the cottage food operator resides and
where cottage food products are prepared or packaged for direct, indirect, or direct and
indirect sale to consumers pursuant to this part. In 2013, the enterprise shall not have
more than thirty-five thousand dollar ($35,000) in gross annual sales in the calendar year.
In 2014, the enterprise shall not have more than forty-five thousand dollars ($45,000) in
gross annual sales in the calendar year. Commencing in 2015, and each subsequent year
thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000) in gross
annual sales in the calendar year. A cottage food operation includes both of the following:
(1) A "Class A" cottage food operation, which is a cottage food operation that may engage
only in direct sales of cottage food products from the cottage food operation or other direct
sales venues described in paragraph (4) of subdivision (b).
(2) A "Class B" cottage food operation, which is a cottage food operation that may engage
in both direct sales and indirect sales of cottage food products from the cottage food
operation, from direct sales venues described in paragraph (4) of subdivision (b), from
offsite events, or from a third -party retail food facility described in paragraph (5) of
subdivision (b).
(b) For purposes of this section, the following definitions shall apply:
(l.) "Cottage food employee" means an individual, paid or volunteer, who is involved in
the preparation, packaging, handling, and storage of cottage food product, or otherwise
works for the cottage food operation. An employee does not include an immediate family
member or household member of the cottage food operator.
(2) "Cottage food operator" means an individual who operates a cottage food operation in
his orher private home and is the owner of the cottage food operation.
(3) "Cottage food products" means non -potentially hazardous foods, including foods that
are described in Section 114365.5 and that are prepared for sale in the kitchen of a cottage
food operation.
(4) "Direct sale" means a transaction between a cottage food operation operator and a
consumer, where the consumer purchases the cottage food product directly from the
cottage food operation. Direct sales include, but are not limited to, transactions at holiday
bazaars or other temporary events, such as bake sales or food swaps, transactions at farm
stands, certified farmers' markets, or through community -supported agriculture
subscriptions, and transactions occurring in person in the cottage food operation.
(5) "Indirect sale" means an interaction between a cottage food operation, a third -party
retailer, and a consumer, where the consumer purchases cottage food products made by
the cottage food operation from a third -party retailer that holds a valid permit issued
pursuant to Section 114381.. Indirect sales include, but are not limited to, sales made to
retail shops or to retail food facilities where food may be immediately consumed on the
premises.
(6) "Private home" means a dwelling, including an apartment or other leased space,
where individuals reside.
(7) "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 that are used exclusively for storage.
SEC. B. Section 113789 of the Health and Safety Code is amended to read:
113789. (a) "Food facility" means an operation that stores, prepares, packages, serves,
vends, or otherwise provides food for human consumption at the retail level, including, but
not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether
there is a charge for the food.
(2) Any place used in conjunction with the operations described in this subdivision,
including, but not limited to, storage facilities for food -related utensils, equipment, and
materials.
(b) "Food facility" includes permanent and nonpermanent food facilities, including, but
not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities.
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and enforcement pursuant to
Section 11.4370.
(10) Farm stands, for purposes of permitting and enforcement pursuant to Section
114375.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or
handling food.
(2) A private home, including a cottage food operation that is registered or has a permit
pursuant to Section 114365.
(3) A church, private club, or other nonprofit association that gives or sells food to its
members and guests, and not to the general public, at an event that occurs not more than
three days in any
90 -day period.
(4) A far -profit entity that gives or sells food at an event that occurs not more than three
days in a 90 -day period for the benefit of a nonprofit association, if the for-profit entity
receives no monetary benefit, other than that resulting from recognition from participating
in an event.
(5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the
Business and Professions Code and in the regulations adopted pursuant to that section, that
comply with Section 118375, regardless of whether there is a charge for the wine tasting, if
no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous
beverages, is offered for sale for onsite consumption and no food, except for crackers, is
served.
(6) Premises operated by a producer, selling or offering for sale only whole produce
grown by the producer, or shell eggs, or both, provided the sales are conducted on
premises controlled by the producer.
(7) A commercial food processing plant as defined in Section 1.11955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which has the same meaning as a
residential care facility, as defined in Section 1568.01.
(12) Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, that comply with Section 11837S, for the purposes of beer
tasting, regardless of whether there is a charge for the beer tasting, if no other beverage,
except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for
onsite consumption, and no food, except for crackers or pretzels, is served.
SEC. 8.5. Section 113789 of the Health and Safety Code is amended to read:
1.13789. (a) "Food facility" means an operation that stores, prepares, packages, serves,
vends, or otherwise provides food for human consumption at the retail level, including, but
not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether
there is a charge for the food.
(2) Any place used in conjunction with the operations described in this subdivision,
including, but not limited to, storage facilities for food -related utensils, equipment, and
materials.
(b) "Food facility" includes permanent and nonpermanent food facilities, including, but
not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision
(c).
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and enforcement pursuant to
Section 114370.
(10) Farm stands, for purposes of permitting and enforcement pursuant to Section
114375.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or
handling food.
(2) A private home, including a cottage food operation that is registered or has a permit
pursuant to Section 1.14365.
(3) A church, private club, or other nonprofit association that gives or sells food to its
members and guests, and not to the general public, at an event that occurs not more than
three days in any
90 -day period.
(4) A for-profit entity that gives or sells food at an event that occurs not more than three
days in a 90 -day period for- the benefit of a nonprofit association, if the for-profit entity
receives no monetary benefit, other than that resulting from recognition from participating
in an event.
(5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the
Business and Professions Code and in the regulations adopted pursuant to that section, that
comply with Section 118375, regardless of whether there is a charge for the wine tasting, if
no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous
beverages, is offered for sale for onsite consumption and no food, except for crackers, is
served.
(6) Premises operated by a producer, selling or offering for sale only whole produce
grown by the producer, or shell eggs, or both, provided the sales are conducted on
premises controlled by the producer.
(7) A commercial food processing plant as defined in Section 111.955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in Section 1569.2.
(11) A residential care facility for the chronically ill, which has the same meaning as a
residential care facility, as defined in Section 1568.01.
(1.2) Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, that comply with Section 118375, for the purposes of beer
tasting, regardless of whether there is a charge for the beer tasting, if no other beverage,
except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for
onsite consumption, and no food, except for crackers or pretzels, is served.
(13) (A) An intermediate care facility for the developmentally disabled, as defined in
subdivisions (e), (h), and (in) of Section 1250, with a capacity of six beds or fewer.
(B) A facility described in subparagraph (A) shall report any foodborne illness or
outbreak to the local health department and to the State Department of Public Health
within 24 hours of the illness or outbreak.
SEC. 9. Section 113851 of the Health and Safety Code is amended to read:
113851. (a) "Permit" means the document issued by the enforcement agency that
authorizes a person to operate a food facility or cottage food operation.
(b) "Registration" shall have the same meaning as permit for purposes of implementation
and enforcement of this part.
SEC. 10. Section 114021 of the Health and Safety Code is amended to read:
114021. (a) Food shall be obtained from sources that comply with all applicable laws.
(b) Food stored or prepared in a private home shall not be used or offered for sale in a
food facility, unless that food is prepared by a cottage food operation that is registered or
has a permit pursuant to Section 114365.
SEC. 11. Section 114023 of the Health and Safety Code is amended to read:
114023. Food in a hermetically sealed container shall be obtained from a food processing
plant that is regulated by the food regulatory agency that has jurisdiction over the plant, or
from a cottage food operation that produces jams, jellies, and preserves and that is
registered or has a permit pursuant to Section 114365.
SEC. 12. Section 114088 is added to the Health and Safety Code, to read:
114088. A cottage food product, as defined in Section 113758, that is served by a food
facility without packaging or labeling, as described in Section 114365, 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.
SEC. 13. Chapter 11.5 (commencing with Section 114365) is added to
Part 7 of Division 104 of the Health and Safety Code, to read:
CHAPTER 11.5. COTTAGE FOOD OPERATIONS
114365. (a) (1) (A) A "Class A" cottage food operation shall not be open for business
unless it is registered with the local enforcement agency and has submitted a completed,
self -certification checklist approved by the local enforcement agency. The self -certification
checklist shall verify that the cottage food operation conforms to this chapter, including the
following requirements:
(i) No cottage food preparation, packaging, or handling may occur in the home kitchen
concurrent with any other domestic activities, such as family meal preparation,
dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment.
(ii) No infants, small children, or pets may be in the home kitchen during the preparation,
packaging, or handling of any cottage food products.
(iii) Kitchen equipment and utensils used to produce cottage food products shall be clean
and maintained in a good state of repair.
(iv) All food contact surfaces, equipment, and utensils used for the preparation,
packaging, or handling of any cottage food products shall be washed, rinsed, and sanitized
before each use.
(v) All food preparation and food and equipment storage areas shall be maintained free of
rodents and insects.
(vi) Smoking shall be prohibited in the portion of a private home used for the preparation,
packaging, storage, or handling of cottage food products and related ingredients or
equipment, or both, while cottage food products are being prepared, packaged, stored, or
handled.
(B) (i) The department shall post the requirements described in subparagraph (A) on its
Internet Web site.
(ii) The local enforcement agency shall issue a registration number to a "Class A" cottage
food operation that meets the requirements of subparagraph (A).
(C) (i) Except as provided in
(ii), a "Class A" cottage food operation shall not be subject to initial or routine inspections.
(ii) For purposes of determining compliance with this chapter, a representative of a local
enforcement agency may access, for inspection purposes, the registered area of a private
home where a cottage food operation is located only if the representative has, on the basis
of a consumer complaint, reason to suspect that adultered or otherwise unsafe food has
been produced by the cottage food operation or that the cottage food operation has
violated this chapter.
(iii) Access under this subparagraph is limited to the registered area and solely for the
purpose of enforcing or administering this chapter.
(iv) A local enforcement agency may seek recovery from a "Class A" cottage food
operation of an amount that does not exceed the local enforcement agency's reasonable
costs of inspecting the "Class A" cottage food operation for compliance with this chapter, if
the "Class A" cottage food operation is found to be in violation of this chapter.
(2) (A) A "Class B" cottage food operation shall not be open for business unless it obtains
a permit from the local enforcement agency in a manner approved by the local enforcement
agency to engage in the direct and indirect sale of cottage food products.
(B) (i) A "Class B" cottage food operation shall comply with the requirements described in
clauses (i) to (vi), inclusive, of subparagraph (A) of paragraph (1) in addition to the other
requirements of this chapter.
(ii) The local enforcement agency shall issue a permit number after an initial inspection
has determined that the proposed "Class B" cottage food operation and its method of
operation conform to this chapter.
(C) Except as provided in this subparagraph, a "Class B" cottage food operation shall not
be subject to more than one inspection per year by the local enforcement agency.
(i) For purposes of determining compliance with this chapter, a representative of a local
enforcement agency, for inspection purposes, may access the permitted area of a private
home where a cottage food operation is located only if the representative has, on the basis
of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has
been produced by the cottage food operation, or that the cottage food operation has
violated this chapter.
(ii) Access under this subparagraph is limited to the permitted area and solely for the
purpose of enforcing or administering this chapter.
(D) (i) A "Class B" cottage food operation shall be authorized to engage in the indirect
sales of cottage food products within the county in which the "Class B" cottage food
operation is permitted.
(ii) A county may agree to allow a "Class B" cottage food operation permitted in another
county to engage in the indirect sales of cottage food products in the county.
(b) A registration or permit, once issued, is nontransferable. A registration or permit shall
be valid only for the person, location, type of food sales, and distribution activity specified
by that registration or permit, and, unless suspended or revoked for cause, for the time
period indicated.
114365.2. A cottage food operation that is registered or has a permit issued pursuant to
Section 114365 shall be considered a restricted food service facility for purposes of, and
subject to, Sections 113953.3, 1.14259.5, 114285, and 114286. A cottage food operation
that is registered or has a permit also shall be subject to Sections 113967, 113973, 113980,
1142S9.5,114405,114407,114-409, 114411, and 114413, and to all of the following
requirements:
(a) A person with a contagious illness shall refrain from work in the registered or
permitted area of the cottage food operation.
(b) A person involved in the preparation or packaging of cottage food products shall keep
his or her hands and exposed portions of his or her arms clean and shall wash his or tier
hands before any food preparation or packaging activity in a cottage food operation.
(c) Water used during the preparation of cottage food products shall meet the potable
drinking water standards described in Section 113869, except that a cottage food operation
shall not be required to have an indirect sewer connection. Water used during the
preparation of cottage food products includes all of the following:
(1.) The washing, sanitizing, and drying of any equipment used in the preparation of a
cottage food product.
(2) The washing, sanitizing, and drying of hands and arms.
(3) Water used as an ingredient.
(d) A person who prepares or packages cottage food products shall complete a food
processor course instructed by the department to protect the public health within three
months of becoming registered. The course shall not exceed four hours in length. The
department shall work with the local enforcement agency to ensure that cottage food
operators are properly notified of the location, date, and time of the classes offered.
(e) A cottage food operation 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:
(1) The words "Made in a Home Kitchen" in 12 -point type on the cottage food product's
primary display panel.
(2) The name commonly used for the food product or an adequately descriptive name.
(3) The name of the cottage food operation which produced the cottage food product.
(4) The registration or permit number of the "Class A" or "Class B" cottage food operation,
respectively, which produced the cottage food product and, in the case of a "Class B"
cottage food operation, the name of the county of the local enforcement agency that issued
the permit number.
(5) The ingredients of the cottage food product, in descending order of predominance by
weight, if the product contains two or more ingredients.
114365.5. (a) The department shall adopt and post on its Internet Web site a list of not
potentially hazardous foods and their ethnic variations that are approved for sale by a
cottage food operation. A cottage food product shall not be potentially hazardous food, as
defined in Section 113871.
(b) This list of nonpotentially hazardous foods shall include, but not be limited to, all 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.
(12) Nut mixes and nut butters.
(13) Popcorn.
(14) Vinegar and mustard.
(15) Roasted coffee and dried tea.
(16) Waffle cones and pizelies.
(c) (1) The State Public Health Officer may add or delete food products to or from the list
described in subdivision (b), which shall be known as the approved food products list.
Notice of any change to the approved food products list shall be posted on the department's
cottage food program Internet Web site, to also be known as the program Internet Web site
for purposes of this chapter. Any change to the approved food products list shall becorne
effective 30 days after the notice is posted. The notice shall state the reason for the change,
the authority for the change, and the nature of the change. The notice will provide an
opportunity for written comment by indicating the address to which to submit the
comment and the deadline by which the comment is required to be received by the
department. The address to which the comment is to be submitted may be an electronic
site. The notice shall allow at least 20 calendar days for comments to be submitted. The
department shall consider al] comments submitted before the due date. The department
may withdraw the proposed change at any time by notification on the program Internet
Web site or through notification by other electronic means. The approved food products
list described in subdivision (b), and any updates to the list, shall not be subject to the
administrative rulemaking requirements of Chapter 3.5 (commencing with Section 11.340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(2) The State Public Health Officer shall not remove any items from the approved food
products list unless the State Public Health Officer also posts information on the program
Internet Web site explaining the basis upon which the removed food item has been
determined to be potentially hazardous.
1.14365.6. (a) The State Public Health Officer shall provide technical assistance, and
develop, maintain, and deliver commodity -specific training related to the safe processing
and packaging of cottage food products to local enforcement agencies.
(b) Local enforcement agencies may collect a surcharge fee in addition to any permit fees
collected for "Class B" cottage food operations. The surcharge fee shall not exceed the
reasonable costs that the department incurs through the administration of the training
described in subdivision (a) to protect the public health. The surcharge fees collected shall
be transmitted to the department in a manner established by the department to be
deposited in the Food Safety Fund. The department shall use the surcharge fees only to
develop and deliver the training described in subdivision (a) to local enforcement agency
personnel on an ongoing basis.
SEC. 14. Section 114390 of the Health and Safety Code is amended to read:
114390. (a) Enforcement officers shall enforce this part and all regulations adopted
pursuant to this part.
(b) (1) For purposes of enforcement, any authorized enforcement officer may, during the
facility's hours of operation and other reasonable times, enter, inspect, issue citations to,
and secure any sample, photographs, or other evidence from a food facility, cottage food
operation, or any facility suspected of being a food facility or cottage food operation, or a
vehicle transporting food to or from a retail food facility, when the vehicle is stationary at
an agricultural inspection station, a border crossing, or at any food facility under the
jurisdiction of the enforcement agency, or upon the request of an incident commander.
(2) If a food facility is operating under an HACCP plan, the enforcement officer may, for
the purpose of determining compliance with the plan, secure as evidence any documents,
or copies of documents, relating to the facility's adherence to the HACCP plan. Inspection
may, for the purpose of determining compliance with this part, include any record, file,
paper, process, HACCP plan, invoice, or receipt bearing on whether food, equipment, or
utensils are in violation of this part.
(c) Notwithstanding subdivision (a), an employee may refuse entry to an enforcement
officer who is unable to present official identification showing the enforcement officer's
picture and enforcement agency name. In the absence of the identification card, a business
card showing the enforcement agency's name plus a picture identification card such as a
driver's license shall meet this requirement.
(d) It is a violation of this part for any person to refuse to permit entry or inspection, the
taking of samples or other evidence, access to copy any record as authorized by this part, to
conceal any samples or evidence, withhold evidence concerning them, or interfere with the
performance of the duties of an enforcement officer, including making verbal or physical
threats or sexual or discriminatory harassment.
(e) A written report of the inspection shall be made and a copy shall be supplied or mailed
to the owner, manager, or operator of the food facility.
SEC. 15. Section 114405 of the Health and Safety Code is amended to read:
114405. (a) A permit may be suspended or revoked by a local enforcement officer for a
violation of this part. Any food facility or cottage food operation for which the permit has
been suspended shall close and remain closed until the permit has been reinstated. Any
food facility or cottage food operation for which the permit has been revolted shall close
and remain closed until a new permit has been issued.
(b) Whenever a local enforcement officer finds that a food facility or cottage food
operation is not in compliance with the requirements of this part, a written notice to
comply shall be issued to the permitholder. If'the permitholder fails to comply, the local
enforcement officer shall issue to the permitholder a notice setting forth the acts or
omissions with which the permitholder is charged, and informing him or her of a right to a
hearing, if requested, to show cause why the permit should not be suspended or revoked. A
written request for a hearing shall be made by the permitholder within 15 calendar days
after receipt of the notice. A failure to request a hearing within 15 calendar days after -
receipt of the notice shall be deemed a waiver of the right to a hearing. When
circumstances warrant, the hearing officer may order a hearing at any reasonable time
within this 15 -day period to expedite the permit suspension or revocation process.
(c) The hearing shall be held within 15 calendar days of the receipt of a request for a
hearing. Upon written request of the permitholder, the hearing officer may postpone any
hearing date, if circumstances warrant the action.
SEC. 16. Section 114409 of the Health and Safety Code is amended to read:
114409. (a) if any imminent health hazard is found, unless the hazard is immediately
corrected, an enforcement officer may temporarily suspend the permit and order the food
facility or cottage food operation immediately closed.
(b) Whenever a permit is suspended as the result of an imminent health hazard, the
enforcement officer shall issue to the permitholder a notice setting forth the acts or
omissions with which the permitholder is charged, specifying the pertinent code section,
and informing the permitholder of the right to a hearing.
(c) At any time within 15 calendar days after service of a notice pursuant to subdivision
(b), the permitholder may request in writing a hearing before a hearing officer to show
cause why the permit suspension is not warranted. The hearing shall be held within 15
calendar days of the receipt of a request for a hearing. A failure to request a hearing within
15 calendar days shall be deemed a waiver of the right to a hearing.
SGC. 17. Section 8.5 of this bill incorporates amendments to Section 113789 of the Health
and Safety Code proposed by both this bill and Assembly Bill 2297. It shall only become
operative if (1) both bills are enacted and become effective on or before January 1, 2013,
(2) each bill amends Section 113789 of the Health and Safety Code, and (3) this bill is
enacted after Assembly Bill 2297, in which case Section 8 of this bill shall not become
operative.
SEC. 18. No reimbursement is required by this act pursuant to Section 6 of Article X111 B of
the California Constitution for certain costs that may be incurred by a local agency or
school district because, in that regard, this act creates a new crime or infraction, eliminates
a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article X111 B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other
costs mandated by the state, reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
Draft Ordinance subieci
modification by Planning
Commission based on
deliberations and direction
ORDINANCE NO.
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 ibllows:
See. 29.1.0.09025. — 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) Tile 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.
TWIT 2
10/14/15 PC Staff Rpt
(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 aerations 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.
(10) (11) The home occupation shall not alter the single-family residential character of any
portion of the premises.
(11) (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.
(12) (13) 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 permittee, 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 (I) 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 ol, "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 permittee ten (10) days' notice in writing that revocation is under consideration, shall
consider whatever evidence the permittee wishes to present to contest the revocation, and shall
give permittee written notice of the decision. Both notices shall be mailed to the address given
by the permittee in the application of 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 and services.
(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 requires 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 win the California Govemme_nt
Code' and the California Health and Safetv Code together with applicable
Mulations is promulgated thereunder, as amended
SECTION lI
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 fi
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:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Los Gatos Planning
Commissioners:
Planning Manager:
Town Attorney:
Transcribed by:
A P P E A R A N C E S:
Kendra Burch, Chair
Mary Badame, Vice Chair
Charles Erekson
Melanie Hanssen
D. Michael Kane
Tom O'Donnell
Joanne Talesfore
Joel Paulson
Robert Schultz
Vicki L. Blandin
(510) 337-1558
ATTACRMEN T 3
LOS GATOS PLANNING COMMISSION 10/14/2015
Item ##6, Town Code Amendment A-13-002
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P R O C E E D I N G S:
CHAIR BURCH: We now move onto Item 6,
considering adoption of amendments to Section 29.10.09025
of Chapter 29, Zoning Regulations, Home Occupations, of the
Town Code to include cottage food industry businesses and
additional prohibited home occupation uses.
Who's giving the report tonight?
JOEL PAULSON: Ms. Castro is unavailable this
evening. Staff doesn't have anything to add to the Staff
Report.
The Assembly bill as adopted in 2012 that
requires jurisdictions to modify their codes to allow
cottage food production as a permitted use via Home
Occupation Permit. This proposed code amendment would make
the Town's Zoning Ordinance in compliance with state law,
and Staff recommends that the Planning Commission recommend
adoption to the Town Council.
COMMISSIONER KANE: Madam Chair?
CHAIR BURCH: Actually, Commissioner Badame, then
Commissioner Kane.
VICE CHAIR BADAME: It seemed like a formality to
me, so I was going to make a motion, but if you wanted to
make a comment, Commissioner Kane.
LOS GATOS PLANNING COMMISSION 10/14/2015
Item #6, Town Code Amendment A-13-002
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1 COMMISSIONER KANE: No, I was going to say is
2 this analogous to the solar thing we had last week where I
3 said to the Town Attorney, "Is this already a law?" He
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said, "Yes." I said, "I want to make a motion." So go
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VICE CHAIR BADAME: All right, I will make a
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motion. I move to forward recommendation of Ordinance for
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Home Occupations A-13-002. I have made the determinations
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to by CEQA, and I can make the finding that the Town Code
11 Amendments are consistent with the General Plan.
12 CHAIR BURCH: Do we have a second? Commissioner
13 1 Kane.
14 COMMISSIONER KANE: I'll second that motion.
15 CHAIR BURCH: Wonderful. All in favor? Passes
16 unanimously.
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LOS GATOS PLANNING COMMISSION 10/14/2015
Item #6, Town Code Amendment A-13-002
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DATE:
TO:
FROM:
SUBJECT:
REMARKS:
COUNCIL AGENDA REPORT
NOVEMBER 2, 2015
MAYOR AND TOWN COUNCIL
LAUREL PREVETTI, TOWN MANAGER
MEETING DATE: 11/03/15
ITEM NO: 14
ADDENDUM
TOWN CODE AMENDMENT A-13-002. HOME OCCUPATIONS
AMENDMENTS.
INTRODUCE ORDINANCE ADOPTING AMENDMENTS TO SECTION
29.10.09025 OF CHAPTER 29 (ZONING REGULATIONS — HOME
OCCUPATIONS) OF THE TOWN CODE TO INCLUDE COTTAGE FOOD
INDUSTRY BUSINESSES AND ADDITIONAL PROHIBITED HOME
OCCUPATION USES.
After the distribution of the Town Council packet, staff received two questions from a
Council Member.
What will be allowed in neighborhoods (as opposed to within home) that is not allowed
now?
This Ordinance only applies to home businesses that are within a home and will not change
the character of the neighborhood or allow any additional uses in the neighborhoods. The
Ordinance only allows and recognizes the Cottage Food industry as a home occupation
within a home.
What, if anything, prohibits "cottage cooking" now?
The current Ordinance does not expressly prohibit Cottage Food operators; however, AB
1616 requires local jurisdictions to establish appropriate zoning and permitting requirements
for Cottage Food production. This Ordinance implements the requirements of AB 1616.
PREPARED BY: KIMBERLY CASTRO
Special Projects Manager
Reviewed by: (VZAssistant Town Manager mown Attorney _Finance
N:'DEV TC REPORTS'2015\Home Occupation - lntm[A-13-002] - Addendum.doc