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ATTACHMENT 2 <br /> THE CITY OF <br /> x Planning Commission <br /> ---- '�— — ,° Staff Report <br /> iii LEASANTON© November 28, 2012 <br /> Item 6.a. <br /> SUBJECT: P12-1753 <br /> APPLICANT: City of Pleasanton <br /> PROPOSAL: Application to amend Title 18 (Zoning) of the Pleasanton Municipal <br /> Code to modify Chapter 18.08 (Definitions) and to add Chapter <br /> 18.105 (Cottage Food Operations) establishing a permit process <br /> and performance standards for home-based food production and <br /> sales in residences. <br /> ZONING: Various <br /> GENERAL PLAN: Various <br /> EXHIBITS: A. Draft Amendments to the Pleasanton Municipal Code CNJT ilTrIA015th <br /> B. Assembly Bill 1616 <br /> C. Assembly Bill 2297 <br /> D. Health and Safety Code Excerpts <br /> BACKGROUND <br /> The State legislature has enacted two new laws that require cities and counties to allow <br /> persons to prepare and package certain types of non-perishable foods from their <br /> homes, and then sell such food either from their homes or from other locations. These <br /> new laws, Assembly Bill (AB) 1616 (Gatto; Food safety: cottage food operations) and <br /> AB 2297 (Hayashi; California retail food code), go into effect January 1 , 2013. AB 1616 <br /> is attached to this report as Exhibit B and AB 2297 is attached as Exhibit C. <br /> The new State law mandates that cities and counties "shall not prohibit a cottage food <br /> operation ... in any residential dwellings ...".' and that in allowing cottage food <br /> operations in homes and apartments, a city or county "shall do one of the following:"2 <br /> (1) Classify cottage food operations as a permitted use in a residence; <br /> Government Code §51035 (by AB 1616 Section 2). <br /> 'Government Code§51035(a) (by AB 1616 Section 2). <br /> P12-1753, Cottage Food Operations Planning Commission <br /> Page 1 of 8 <br />