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BACKGROUND
<br /> The two new laws, Assembly Bill (AB) 1616 (Gatto; Food safety: cottage food
<br /> operations) and AB 2297 (Hayashi; California retail food code), went into effect January
<br /> 1, 2013. AB 1616 can be found in Attachment 2, Exhibit B and AB 2297 in Attachment
<br /> 2, Exhibit C. The new State law (AB 1616) mandates that cities and counties "shall not
<br /> prohibit a cottage food operation ... in any residential dwellings ...".t and that in allowing
<br /> cottage food operations in homes and apartments, a city or county shall either: (1)
<br /> classify cottage food operations as a permitted use, (2) provide a non-discretionary
<br /> administrative permit when "reasonable standards, restrictions and requirements
<br /> concerning spacing and concentration, traffic control, parking and noise control" are
<br /> met, or (3) provide for a non-discretionary zoning administrator process to review
<br /> applications, and require that the "permit shall be granted if the cottage food operation
<br /> complies with local ordinances, if any, prescribing reasonable standards, restrictions,
<br /> and requirements concerning the following factors: spacing and concentration, traffic
<br /> control, parking, and noise control relating to those homes."
<br /> Option two would allow staff to assess whether a cottage food operation would comply
<br /> with the City's ordinances, standards, and restrictions should an application be filed for
<br /> a cottage food operation. Therefore, staff has drafted a new Pleasanton Municipal
<br /> Code (PMC) section that establishes a permit process and performance standards for
<br /> cottage food operations.
<br /> PROPOSED CODE AMENDMENTS
<br /> The proposed Code amendments would allow the City to preserve the quality of life in
<br /> residential areas by adopting the allowed "reasonable standards, restrictions, and
<br /> requirements concerning ... spacing and concentration, traffic control, parking, and
<br /> noise control." In addition to amending Chapter 18.08 (Definitions), Attachment 1,
<br /> Exhibit A, to define cottage food operations, the addition of Chapter 18.105 (Cottage
<br /> food operations), also found in Attachment 1, Exhibit A, would codify a permit process
<br /> and performance standards for cottage food operations year2. The standards address
<br /> spacing, traffic, parking and loading, noise, size, signage and outdoor sales, and
<br /> dinning. Please refer to the Planning Commission staff report in Attachment 2 for
<br /> additional information/details on the proposed standards.
<br /> With the information submitted with each application for a cottage food operation, staff
<br /> can determine if the standards (i.e., spacing, traffic, parking and loading, etc.) in Section
<br /> 18.105.070 (Exhibit A) are met.
<br /> DISCUSSION
<br /> Of the three regulatory options allowed by the State, staff is recommending the second
<br /> option, the non-discretionary permit. This process will allow the City to set clear
<br /> requirements for information to be submitted with each application for a proposed
<br /> cottage food operation and apply the following recommended performance standards
<br /> for cottage food operations:
<br /> Government Code§51035 (by AB 1616 Section 2).
<br /> 2 At least two persons came to City Hall in 2012 inquiring about establishing such cottage food operations.
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