07 - Laserfiche WebLink

(2) Provide for a non-discretionary administrative permit when "reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control" are met for a residence. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan. The permit shall be granted by the zoning administrator, or by a person designated by the planning agency to grant these permits, upon the certification without a hearing; or (3) Provide for a zoning administrator process to review applications, and require that the "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 following are some of AB 1616 standards for a cottage food operation: • Shall be operated by the registered cottage food operator. • The operation is limited to gross annual sales of $35,000 for 2013, $45,000 for 2014, and $50,000 for 2015 and thereafter. • No more than one full-time employee — not including a family member or household member of the cottage food operator. • The operation must be located in a registered or permitted area of a private home where the cottage food operator resides and where the cottage food products are prepared or packaged. • Customers may purchase products at the cottage food operation. Option two would allow staff to assess whether a cottage food operation would comply with the City's ordinances, standards, and restrictions should an application be filed for a cottage food operation. This process would be similar to an exempt home occupation application. Therefore, staff has drafted a new Pleasanton Municipal Code (PMC) section that establishes a permit process and performance standards for cottage food operations. Code amendments require review and recommendation from the Planning Commission to the City Council. Accordingly, the requested amendments are before the Planning Commission for consideration and recommendation. PROPOSED CODE AMENDMENTS With this State mandate that cities and counties must allow cottage food operations in residences beginning in 2013, the City is best served by selecting the second regulatory option made available by the State. This option would allow the City to preserve the quality of residential areas by adopting the allowed "reasonable standards, restrictions, and requirements concerning ... spacing and concentration, traffic control, parking, and P12-1753, Cottage Food Operations Planning Commission Page 2 of 8