HomeMy WebLinkAbout6.2 Cottage Food Operation Zoning or nU,��
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #450-20
DATE: November 18, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.12
(Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures and
Uses Regulations), 8.64 (Home Occupations Regulations), 8.76 (Off-Street
Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the
creation of Chapter 8.65 (Cottage Food Operations) (PLPA-2014-00031)
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
Assembly Bill (AB) 1616 allows individuals to prepare and/or package certain foods in private-
home kitchens referred to as "cottage food operations." The enactment of AB 1616 provides
cottage food operators with the opportunity to operate a small scale food business from their
private home and requires that cities and counties allow them. However, AB 1616 also permits
the adoption of local ordinances to impose reasonable standards, restrictions and requirements
concerning spacing and concentration, traffic control, parking and noise control. AB 1616 also
requires that cottage food operators be registered or permitted by the local environmental health
agency before commencing business. Staff is proposing that the Zoning Ordinance be amended
to allow cottage food operations to be permitted by-right in residential areas subject to certain
standards appropriate for a home based business and consistent with State law. Minor
amendments to the existing Home Occupations Regulations are also proposed for clarity and
internal consistency.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, waive the
reading and INTRODUCE an Ordinance Approving Amendments to Dublin Zoning Ordinance
Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40
(Accessory Structures and Uses Regulations), 8.64 (Home Occupation Regulations), 8.76 (Off-
Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the creation of
Chapter 8.65 (Cottage Food Operations)
Page 1 of 3 ITEM NO. 6.2
Submitted By 'Reviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
The California Homemade Food Act (Assembly Bill 1616) took effect on January 1, 2013 and
allows individuals to prepare and/or package certain foods (Attachment 1) in private-home
kitchens referred to as "cottage food operations." All cottage food operations must be registered
or permitted by the local environmental health agency before commencing business and must
meet specified requirements pursuant to the California Health and Safety Code related to food
preparation, sanitation, product labeling and gross annual sales limits. Foods prepared in a
cottage food operation may be sold directly to the public, either from the home or at community
events, or indirectly via sale to retail food facilities such as restaurants and markets.
AB 1616 permits the adoption of local ordinances to impose reasonable standards, restrictions
and requirements on cottage food operations concerning spacing and concentration, traffic
control, parking and noise control. As such, Staff is proposing that the Zoning Ordinance be
amended to establish standards for cottage food operations that are appropriate for a home
based business and consistent with State law. Minor amendments to the existing Home
Occupations Regulations are also proposed for clarity and internal consistency.
At the October 28, 2014 Planning Commission meeting, Staff presented the draft Zoning
Ordinance Amendments (Attachments 2 and 3) and the Planning Commission adopted
Resolution 14-53 recommending City Council adoption of the proposed Amendments
(Attachment 4). The proposed Zoning Ordinance Amendments are included in Attachment 5 of
this Staff Report. For a complete discussion of the proposed Amendments please refer to
Attachment 2.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was provided to all persons who have expressed an interest in being
notified of meetings. The Staff Report for this public hearing was also made available on the
City's website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the project be found exempt in accordance with CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal
Code (Zoning Ordinance) will not have a significant effect on the environment. The adoption of
the proposed Ordinance does not, in itself, allow the establishment of any use or the
construction of any building or structure, but sets forth the regulations that shall be followed if
and when a use is proposed to be established, or a building or structure is proposed to be
constructed, or a site is proposed to be developed. This Ordinance of itself, therefore, has no
potential for resulting in significant physical change in the environment, directly or ultimately.
Page 2 of 3
ATTACHMENTS: 1. California Department of Public Health Approved Cottage Foods (as of
May 7, 2014)
2. October 28, 2014 Planning Commission Staff Report, without
attachments
3. Draft Planning Commission Meeting Minutes dated October 28, 2014.
4. Planning Commission Resolution 14-53
5. Ordinance approving amendments to Dublin Zoning Ordinance
Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses
of Land), 8.40 (Accessory Structures and Uses Regulations), 8.64
(Home Occupation Regulations), 8.76 (Off-Street Parking and Loading
Regulations), and 8.116 (Zoning Clearance) and the creation of
Chapter 8.65 (Cottage Food Operations)
Page 3 of 3
t
Approved Cottage Foods
Cottage food operations are allowed to produce certain non-potentially hazardous foods.
These are foods that do not support the rapid growth of bacteria that would make people
sick when held outside of refrigeration temperatures. The list of approved cottage food
categories and their ethnic variations, which cottage food operations are allowed to
produce, are listed below. The list will be maintained and updated by the California
Department of Public Health (CDPH) on its Internet website as necessary.
CDPH may add to or delete food products from the approved products list. Notice of any
change, reason for the change, the authority for the change, and the nature of the change
to the approved food products list will be posted on the CDPH website and shall be become
effective thirty (30) days after the notice is posted.
Approved Food Products List (May 7, 2014):
(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 fruits.
(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...:�:.5. ...p „Title. ... .1.... „ he Code.. ... r .'.... g�.!.21i rn ,. *see below
(12) Nut mixes and nut butters.
(13) Popcorn.
(14) Vinegar and mustard.
(15) Roasted coffee and dried tea.
(16) Waffle cones and pizelles.
(17) Cotton candy.
(18) Candied apples.
(19) Confections such as salted caramel, fudge, marshmallow bars, chocolate covered
marshmallow, nuts, and hard candy, or any combination thereof.
(20) Buttercream frosting, buttercream icing, buttercream fondant, and gum paste that
do not contain eggs, cream, or cream cheese.
(21) Dried or Dehydrated vegetables.
(22) Dried vegetarian-based soup mixes.
(23) Vegetable and potato chips.
(24) Ground chocolate.
t
*Jams, jellies, preserves, and fruit butter: Cottage food operations which produce jams,jellies, preserves, and
other related products must be sure that their products meet the legal established standards of identity
requirements for those products as set forth in 21._CJ.:.:..R_P_ rl.._1.Q. The purpose of the regulation is to maintain
the integrity of the food product to ensure consumers consistently get what they expect. The product name
and ingredients listed on the label must be factual and comply with the legal definitions and standards of
identity or the product may be considered misbranded. Products made with other ingredients that are not
defined in 21 CFR 150 cannot be produced by cottage food operations. Addition of other ingredients or
alteration of ingredient profiles changes the chemistry of the food, which can allow the growth of various
bacteria and toxins under the right conditions. For example, addition of peppers (i.e. jalapeno pepper) to
make pepper jelly is not supported by 21 CFR 150 and the addition of this low acid ingredient could cause the
formation of botulism toxin in the product if the proper controls are not used.
OF Dp�l f�
STAFF REPORT
2 PLANNING COMMISSION
O�LIFOR���
DATE: October 28, 2014
TO: Planning Commission
SUBJECT: PUBLIC HEARING: PLPA-2014-00031 Amendments to Dublin Zoning
Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and
Permitted Uses of Land), 8.40 (Accessory Structures and Uses
Regulations), 8.64 (Home Occupations Regulations), 8.76 (Off-Street
Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the
creation of Chapter 8.65 (Cottage Food Operations).
Report prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
Assembly Bill (AB) 1616 allows individuals to prepare and/or package certain foods in private-
home kitchens referred to as "cottage food operations." The enactment of AB 1616 provides
cottage food operators with the opportunity to operate a small scale food business from their
private home and requires that cities and counties allow them. However, AB 1616 also permits
the adoption of local ordinances to impose reasonable standards, restrictions and requirements
concerning spacing and concentration, traffic control, parking and noise control. AB 1616 also
requires that cottage food operators be registered or permitted by the local environmental health
agency before commencing business. Staff is proposing that the Zoning Ordinance be amended
to allow cottage food operations to be permitted by-right in residential areas subject to certain
standards appropriate for a home based business and consistent with State law. Minor
amendments to the existing Home Occupations Regulations are also proposed for clarity and
internal consistency.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate;
and 5) Adopt a Resolution recommending City Council approval of amendments to Dublin
Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of
Land), 8.40 (Accessory Structures and Uses Regulations), 8.64 (Home Occupation
Regulations), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance)
and the creation of Chapter 8.65 (Cottage Food Operations).
r,
U�Y1ow►-�� Lam. ad-o � �
Submitted By sewed By
Senior Planner Assistant Community Development Director
COPIES TO: File of
ITEM NO.:
Page 1 of 7
DESCRIPTION:
The California Homemade Food Act (Assembly Bill 1616) took effect on January 1, 2013 and
allows individuals to prepare and/or package certain foods in private-home kitchens referred to
as "cottage food operations." All cottage food operations must be registered or permitted by the
local environmental health agency before commencing business and must meet specified
requirements pursuant to the California Health and Safety Code related to food preparation,
sanitation, product labeling and gross annual sales limits. Foods prepared in a cottage food
operation may be sold directly to the public, either from the home or at community events, or
indirectly via sale to retail food facilities such as restaurants and markets.
The California Department of Public Health maintains an approved list of non-potentially
hazardous foods that may be prepared in a cottage food operation (Attachment 1). These are
foods that do not support the rapid growth of bacteria that would make people sick when held
outside of refrigeration temperatures. Examples of approved food products include baked
goods, candy, dried fruit, confections, soup mixes and potato chips (refer to Attachment 1 for a
complete list of approved foods).
The Alameda County Department of Environmental Health is the local environmental health
agency responsible for permitting and inspecting cottage food operations in Dublin for
compliance with State law. Cottage food operators are limited to preparing only those foods
contained on the approved food list and must complete a food processor training course. All
cottage food products must be properly labeled and include the name, address and license
number of the cottage food operation in addition to the common name and ingredients of the
food product, among other things. State law limits the gross annual sales of a cottage food
operation to $50,000 or less. Once a cottage food operation exceeds the gross annual sales
volume established by law, they must move their operations to a commercial processing facility.
The enactment of AB 1616 provides cottage food operators with the opportunity to operate a
small scale food business from their private home and requires that cities and counties allow
them. However, AB 1616 also permits the adoption of local ordinances to impose reasonable
standards, restrictions and requirements on cottage food operations concerning spacing and
concentration, traffic control, parking and noise control. As such, Staff is proposing that the
Zoning Ordinance be amended to establish standards for cottage food operations that are
appropriate for a home based business and consistent with State law. Minor amendments to the
existing Home Occupations Regulations are also proposed for clarity and internal consistency.
ANALYSIS:
The Dublin Zoning Ordinance allows for the establishment and operation of home-based
businesses as an incidental and subordinate use of residential property. Home-based
businesses allow residents to be gainfully employed from their homes in a limited commercial
capacity. The City's Home Occupations Regulations (Chapter 8.64 of the Dublin Zoning
Ordinance) ensure that the home occupation is compatible with the surrounding residential
environment.
With the passage of the Homemade Food Act (AB 1616), State law now permits certain
activities associated with cottage food operations that are inconsistent with City's Home
Occupations Regulations. In an effort to maintain the integrity of the Home Occupations
Regulations and still comply with State law regarding cottage food operations, Staff is proposing
that a new Zoning Ordinance chapter be created to address cottage food operations.
2of7
Cottage Food Operations
Staff is proposing the creation of Chapter 8.65 (Cottage Food Operations) to establish
development standards and regulations pertaining to cottage food operations (Attachment 2).
The City's existing Home Occupations Regulations (Attachment 3) was used as the basis for the
proposed cottage food operations chapter.
Chapter 8.65 (Cottage Food Operations)
As noted above, State law now requires that cities and counties allow the establishment of a
cottage food operation in private-home kitchens. The proposed Chapter 8.65 would allow the
establishment of a cottage food operation in a residential dwelling as a permitted accessory use.
Cottage food operations would be subject to compliance with specified development standards
and regulations and approval of a Zoning Clearance permit.
The proposed development standards and regulations are intended to ensure that cottage food
operations are compatible with surrounding residential uses and do not change the character of
the surrounding residential area by generating more traffic, noise or visual impacts than would
normally be expected in a residential zoning district. The Zoning Clearance permit is a
ministerial process that documents compliance with the development standards and regulations.
The following discussion summarizes the development standards and regulations for cottage
food operations. For the complete zoning ordinance text for Chapter 8.65, refer to Attachment 2.
• Permitted within a Residential Dwelling. State law requires that cities and counties
allow cottage food operations in private-home kitchens. The City's proposed regulation
would allow the establishment of a cottage food operation as an accessory use to a
residential dwelling. The proposed regulation further requires that all activities associated
with the cottage food operation be conducted entirely within the dwelling.
• Appearance of the Residence. The existing home occupations regulations prohibit the
alteration of the exterior appearance of the residence in conjunction with a home
occupation. Staff is proposing a similar regulation that would allow alterations as part of
the cottage food operation so long as the alterations did not change the residential
character of the home.
• Codes/Laws/Regulations. The existing home occupations regulations require that all
home occupations comply with all applicable codes, laws and regulations. Staff is
proposing to include this regulation as part of the cottage food operations and clarify that
it includes all City, County, State and Federal codes, laws and regulations.
• Employees. State law allows a cottage food operation to employ one full-time equivalent
employee, not including the operator's family or household members. Under the existing
home occupations regulations, a home occupation is not permitted to employ individuals
who do not live in the residence. In order to be consistent with State law, a cottage food
operation would be permitted to have one, full-time equivalent employee excluding
individuals who reside in the home.
• On-Site Direct Sales to Customers. State law allows a cottage food operation to
conduct on-site direct sales to customers. Under the existing home occupations
regulations, no merchandise or goods can be sold from the premises if it requires the
customer to visit the premises for delivery. In order to be consistent with State law, a
cottage food operation would be permitted to sell goods from the premises. In order to
3 of 7
minimize parking and traffic impacts, Staff is proposing to limit the number of customers
on-site to one (1) at any given time during the permitted hours of operation for on-site
sales. On-site direct sales would not be permitted within the garage, an accessory
structure or outside of the dwelling.
• Hours of Operation for On-Site Direct Sales. While State law allows for on-site direct
sales, it does not establish the hours that a cottage food operation may be open to the
public. Staff is proposing that on-site direct sales be permitted between the hours of 7am
and 9pm.
• On-Site Dining. Under the existing home occupations regulations, a restaurant is a
prohibited home occupation. Staff is proposing to also prohibit on-site dining associated
with a cottage food operation.
• Parking. While State law allows a cottage food operation to employ individuals who do
not reside in the home and allows for on-site direct sales, it authorizes but does not
specify parking requirements for employees or customers. Staff is proposing that a
cottage food operation be required to provide off-street parking for an employee as well
as a dedicated company vehicle, if applicable. Customers would be expected to utilize
on-street parking or designated guest parking.
• Company Vehicle. State law allows cottage food operations to sell their products off-site
at farmer's markets and fairs, provide door-to-door deliveries or take their products to a
third party retailer. These activities may require the use of a company vehicle. Under the
existing home occupations regulations, a home occupation may park one company
vehicle up to % ton in capacity at the residence. Staff is proposing a similar regulation for
cottage food operations. One, off-street parking space, would need to be provided for a
company vehicle; however, a company vehicle would not be permitted to occupy a
required parking space for the dwelling unless it also served as the occupant's personal
vehicle.
• Minimum Separation. State law expressly allows cities and counties to impose
reasonable spacing and concentration regulations for cottage food operations but does
not set forth the exact parameters. Staff is proposing a minimum 300-foot radius
separation between all cottage food operations, excluding multi-family dwellings
designated High Density Residential in the General Plan. The 300-foot radius separation
is consistent with the required spacing for large family day care homes and would avoid
overconcentration of cottage food operations in a neighborhood thereby ensuring that the
residential character of the neighborhood is maintained.
For multi-family dwellings designated High Density Residential in the General Plan, Staff
is proposing that up to 2% of the total number of units in the development be permitted to
have cottage food operations. For example, a 300 unit apartment complex with a high
density land use designation could have up to six cottage food operations. The 2%
allowance for high density residential dwellings provides a reasonable number of cottage
food operations per development and gives residents living in a higher density community
equal opportunity to establish a cottage food operation than what would otherwise be
allowed under the 300-foot radius separation requirement.
Exceptions to the 300-foot radius separation or the 2% maximum could be considered
through a Minor Use Permit process if it can be demonstrated that the exception is
consistent with the intent of the cottage food operations chapter.
• Fire Safety/Occupancy. The existing home occupations regulations restrict home
occupations from changing the occupancy classification of a residence. Staff is proposing
to include this regulation as part of the cottage food operations.
4of7
• Nuisances. The existing home occupations regulations prohibit home occupations from
creating or causing nuisances (i.e. traffic, noise, etc.) beyond what is normal for a
residential area. Staff is proposing a similar regulation as part of the cottage food
operations.
• Outdoor Storage/Display. The existing home occupations regulations prohibit the
outdoor storage or display of merchandise, equipment, supplies, etc. Staff is proposing
to include this regulation as part of the cottage food operations.
• Signs. The existing home occupations regulations prohibit the display of signs
advertising or otherwise identifying the home occupation. Staff is proposing to include
this regulation as part of the cottage food operations.
• Delivery Trips. The existing home occupations regulations limit the number of
pedestrian, vehicular and delivery trips associated with a home occupation to no more
than five pedestrian or vehicle trips per day and no more than two delivery trips per day.
Additionally, deliveries are prohibited between the hours of 9pm and 8am. Staff is
proposing a similar regulation that would limit delivery trips to two per day, no restriction
on pedestrian or vehicular trips is proposed to be included.
• Business License. All home occupations are required to obtain a Dublin Business
License which must remain current throughout the duration of the business. Staff is
proposing to include this regulation as part of the cottage food operations.
• Rented Property. All home occupations require property owner authorization when the
business is being operated on rental property. Staff is proposing to include this
regulation as part of the cottage food operations.
Staff is also proposing associated Zoning Ordinance amendments (Attachment 4, Exhibit A) to
implement Chapter 8.65 (Cottage Food Operations) and ensure internal consistency.
Amendments are proposed to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted
Uses of Land), 8.40 (Accessory Structures and Uses Regulations), 8.64 (Home Occupations
Regulations), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance).
The following discussion summarizes the proposed amendments to each of these chapters.
Chapter 8.08 (Definitions)
An amendment to Chapter 8.08 (Definitions) is proposed to add a definition for Cottage Food
Operations as a specific use type. The proposed definition would read as follows:
Cottage Food Operations (use type). The term Cottage Food Operations shall
mean a home-based food business, established within a residential dwelling as
an accessory use that is incidental and subordinate to the residential dwelling,
where specific food products are prepared for sale to consumers consistent with
the California Homemade Food Act and as further defined in Health and Safety
Code Section 113758, as may be amended.
Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
An amendment to Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to
add Cottage Food Operations as a permitted residential use type in the Agricultural and all
Residential zoning districts subject to approval of a Zoning Clearance or Minor Use Permit.
5 of 7
Chapter 8.40 (Accessory Structures and Uses Regulations)
An amendment to Chapter 8.40 (Accessory Structures and Uses Regulations) is proposed to
include cottage food operations which are permitted residential accessory uses. As a clean-up
item, Staff is also proposing that Large Family Day Care Homes be added to this section.
Chapter 8.76 (Off-Street Parking and Loading Regulations)
An amendment to Chapter 8.76 (Off-Street Parking and Loading Regulations) is proposed to
establish an off-street parking requirement for cottage food operations as a residential use type.
The proposed parking requirement would read as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Cottage Food Operations Provide the number of spaces required for the type
of residential dwelling plus 1 space for an employee
not residing in the home (if applicable) plus 1 space
for a company vehicle (if applicable). A company
vehicle that also serves as the day-to-day personal
vehicle of the individual conducting the cottage food
operation shall not require an additional parking
space.
Chapter 8.116 (Zoning Clearance)
An amendment to Chapter 8.116 (Zoning Clearance) is proposed to add cottage food operations
as a use requiring a Zoning Clearance permit. Amendments to this chapter are implementing
measures of the proposed Chapter 8.65 (Cottage Food Operations).
Chapter 8.64 (Home Occupations Regulations)
Staff is proposing that Chapter 8.64 (Home Occupations Regulations) be amended to clarify that
a cottage food operation, while considered a home-based business, would not be subject to the
requirements of Chapter 8.64 but instead would be regulated by the proposed Chapter 8.65
(Cottage Food Operations). As a clean-up item, Staff is also proposing to clarify that Large
Family Day Care Homes be excluded from the Home Occupations Regulations chapter. Large
Family Day Care Homes are regulated by Chapter 8.66 (Large Family Day Care Homes).
Additionally, Staff has taken this opportunity to review the Home Occupation Regulations in its
entirety and is proposing other amendments to clarify the existing regulations. Some of these
clarifications are a result of implementing and enforcing the Home Occupations Regulations and
others are in response to refinements resulting from the cottage food operations. For a redlined
version of the proposed amendments, refer to Attachment 5.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendments, as outlined in this Staff Report and the draft City
Council Ordinance included as Attachment 4, Exhibit A, are consistent with the Dublin General
Plan and all applicable Specific Plans in that the Amendments relating to home occupations
such as cottage food operations are consistent with applicable land use designations and
general development policies. The other amendments propose procedural, clean-up and minor
revisions and raise no inconsistencies with the General Plan or any specific plans. The
amendments include minor revisions for internal consistency within the Zoning Ordinance.
6 of 7
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was provided to all persons who have expressed an interest in being
notified of meetings. The Staff Report for this public hearing was also made available on the
City's website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the project be found exempt in accordance with CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal
Code (Zoning Ordinance) will not have a significant effect on the environment. The adoption of
the proposed Ordinance does not, in itself, allow the establishment of any use or the
construction of any building or structure, but sets forth the regulations that shall be followed if
and when a use is proposed to be established, or a building or structure is proposed to be
constructed, or a site is proposed to be developed. This Ordinance of itself, therefore, has no
potential for resulting in significant physical change in the environment, directly or ultimately.
ATTACHMENTS: 1) California Department of Public Health Approved
Cottage Foods (as of May 7, 2014).
2) Proposed Chapter 8.65 (Cottage Food Operations).
3) Existing Chapter 8.64 (Home Occupations
Regulations).
4) Resolution recommending City Council approval of
amendments to Dublin Zoning Ordinance Chapters
8.08 (Definitions), 8.12 (Zoning Districts and Permitted
Uses of Land), 8.40 (Accessory Structures and Uses
Regulations), 8.64 (Home Occupation Regulations),
8.76 (Off-Street Parking and Loading Regulations), and
8.116 (Zoning Clearance) and the creation of Chapter
8.65 (Cottage Food Operations) with the draft City
Council Ordinance attached as Exhibit A.
5) Redlined version of proposed amendments to Chapter
8.64 (Home Occupations Regulations).
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DRAFT DRAFT
Planning Min
a g u tes
Tuesday, October 28, 2014
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, October
28, 2014, in the City Council Chambers located at 100 Civic Plaza. Chair Bhuthimethee called
the meeting to order at ;7......................;,0,5,, ,1 „
Present: Chair Bhuthimethee; Vice Chair Goel; Commissioners Do and O'Keefe; Jeff Baker,
Assistant Community Development Director; Kit Faubion, City Attorney; Kristi Bascom, Principal
Planner; Marnie Delgado, Senior Planner, and Debra LeClair, Recording Secretary.
Absent: Cm. Kohli
ADDITIONS OR REVISIONS TO THE AGENDA— NONE
MINUTES OF PREVIOUS MEETINGS — On a motion by Cm. Do and seconded by Cm.
O'Keefe, on a vote of 4-0-1, with Cm. Kohli being absent, the Planning Commission approved
the minutes of the August 26, 2014 meeting.
ORAL COMMUNICATIONS — NONE
CONSENT CALENDAR.— NONE
WRITTEN COMMUNICATIONS — NONE
PUBLIC HEARINGS —
8.1 PLPA-2014-00051 Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking
and Loading) related to the Village Parkway Pilot Parking Program.
Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report.
Chair Bhuthimethee asked if the parking standard for new construction is 1 space for every 300
sf and if that is part of the pilot program.
Ms. Bascom answered yes.
Chair Bhuthimethee asked if the 1 space per 300 sf standard is regardless of use type.
Ms. Bascom answered yes.
Cm. Do asked if Staff had received any negative comments regarding the pilot program.
Ms. Bascom answered no; Staff received feedback from three property owners/managers but it
was all positive.
, � .w a g '. "
DRAFT DRAFT
Cm. O'Keefe asked if there had been any anecdotal feedback over the two year program that
was negative.
Ms. Bascom answered no.
Cm. O'Keefe asked if there had been any interest in new restaurants in the area.
Ms. Bascom answered that there are a few and asked Mr. Baker to respond.
Jeff Baker, Assistant Community Development Director, answered that China Village closed and
Rhama Market had purchased the building and will have a market/restaurant there. He stated
that there is also a brewery opening that will benefit from this program.
Cm. Goel asked Ms. Bascom to point out where the two businesses mentioned are located.
Ms. Bascom pointed out their locations.
Cm. Goel asked if the current business owners were concerned that there could be an increase
in the parking usage with these two restaurants coming.
Ms. Bascom stated that Staff conducted outreach asking for feedback from business/property
owners and only received positive feedback. She added that all business/property owners were
notified of the community meeting to discuss the program.
Cm. Goel asked, if there was an issue with parking, would the business/property owners be able
to revisit the program and change it.
Ms. Bascom responded that the City Council could amend the Zoning Ordinance to rescind the
program. She stated that the property owners and/or tenants could reach out to the City to let
Staff know that there is an issue and then the City Council could decide to re-examine the
zoning ordinance.
Cm. Goel asked if she was indicating that the program can be re-evaluated if there was an
issue.
Ms. Bascom answered yes.
Chair Bhuthimethee asked if there has been any apprehension from potential businesses that
the parking program is temporary.
Ms. Bascom answered no; however, the parking standards would be permanent for the
business once they are established.
Cm. Goel asked if the parking program is considered an entitlement to the business.
Ms. Bascom answered that their use is considered an entitlement, once they have established
the use at the location; the business can stay at that location.
Cm. Goel asked, if there was an issue with parking, how that would be handled.
DRAFT DRAFT
Ms. Bascom answered that the City Council could re-evaluate the program from that point
forward, to amend the ordinance and close the program, but any use that was already
established could continue to exist.
Cm. Goel was concerned that the pilot program could create circumstances where a new
business could impact an existing business and they are losing revenue, but there is no ability to
mitigate the situation.
Mr. Baker felt that the situation would be similar to the existing standards for a typical shopping
center where a successful business moves in and the parking is not adequate but meets the
standard for the entire shopping center. He stated that the City Council could amend the
ordinance and rescind the program so that there would not be any additional impacts, but the
existing businesses would be allowed to remain.
Cm. Goel if the standard in other areas is 1 space per 300 sf or is that the lower standard.
Ms. Bascom answered that 1 space per 300 sf is the retail parking standard, but restaurants
have a higher parking standard.
Cm. Goel asked what the standard is being reduced to.
Ms. Bascom answered that the parking standard is being waived entirely in this area. She
stated that, when a business owner is looking for a space, they would contact the City regarding
their use and the parking standards associated with that use. She stated that there could be a
use allowed but there would not be adequate parking to meet the standards. She stated that
the tenant space that the new brewery is occupying would not have been leasable to a
restaurant because the parking on that site is not adequate for that use, but because of the pilot
program it will be allowed.
Cm. Goel felt that this program could be viewed as an economic incentive to bring new business
to the area.
Ms. Bascom answered yes. She stated that the program was created by looking at ways to
incentivize the re-tenanting of spaces and the re-use of existing buildings on Village Parkway in
a more intense way.
Cm. O'Keefe asked why Staff recommended a five year extension instead of another two years.
Ms. Bascom answered that Staff felt that they needed more time to evaluate the program.
Cm. Do asked if there was a way for new businesses to be directed to the Village Parkway area
first instead of towards all the new development, i.e. Persimmon Place or Fallon Gateway.
Ms. Bascom answered that many potential businesses contact economic development and
discuss their business with Staff who would steer them to the location that would have the most
potential for their business. She stated that the downtown is a big focus for the City so Staff
may point them in that direction, but the business owner may be looking for something specific.
Cm. Do felt that the pilot program helps to attract new business to the Village Parkway area.
DRAFT DRAFT
Ms. Bascom agreed that the program helps make the area more attractive for uses that might
not be able to go there if not for the program.
Chair Bhuthimethee opened the public hearing and, having no speakers, closed the public
hearing.
On a motion by Cm. Goel and seconded by Cm. Do, on a vote of 4-0-1, with Cm. Kohli absent,
the Planning Commission adopted:
RESOLUTION NO. 14 - 52
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A
ZONING ORDINANCE AMENDMENT TO CHAPTER 8.76 (OFF-STREET PARKING AND
LOADING) RELATED TO THE VILLAGE PARKWAY PILOT PARKING PROGRAM
a a
8.2 PLPA-2014-00031 Amendments to Dublin Zoning Ordinance Chapters 8.08
(Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory
Structures and Uses Regulations), 8.64 (Home Occupations Regulations), 8.76 (Off-
Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the creation
of Chapter 8.65 (Cottage Food Operations)
Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report.
Cm. Do asked how many cottage food operations are located within the City of Dublin.
Ms. Delgado answered that there are currently 5 or 6.
Chair Bhuthimethee asked how Staff decided on 2% within high density residential areas.
Ms. Delgado answered that Staff looked at different ways to allow them without being overly
restrictive. She stated that Staff felt that, within high density residential areas, the 300 foot
radius was overly restrictive and that 2% was a reasonable amount. She stated that, within a
300 unit apartment complex at the Dublin Transit Center, there could be 5-6 cottage food
operations. Staff built in a Minor Use Permit (MUP) process so that additional cottage food
operations could be evaluated if they reached the 2% maximum.
Chair Bhuthimethee asked if the business owner could operate "by right" in a high density
development.
Ms. Delgado answered that the first 5-6 operations would be by right, but the next one that
would bring the number over 2%; they would be required to apply for an MUP.
DRAFT DRAFT
Cm. O'Keefe asked if the current cottage food operation businesses have ever generated
enough traffic to cause a nuisance.
Ms. Delgado answered no.
Kit Faubion, City Attorney, stated that the legislation was specifically intended for small
operations, and if the business needed more employees or would generate more income, they
must move to a commercial operation.
Chair Bhuthimethee felt that if 2% is too limiting, the City could change it to 3%. She also felt
that if there are only 5-6 current cottage food operations throughout the City, that 2% would be
adequate.
Mr. Baker responded that the 2% only applies to high density residential that have multiple
floors where the 300 foot radius would not make sense.
Chair Bhuthimethee opened the public hearing and having no speakers, closed the public
hearing.
On a motion by Cm. Do and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Kohli
absent, the Planning Commission adopted:
RESOLUTION NO. 14-53
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING
ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED
USES OF LAND), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), 8.64
(HOME OCCUPATIONS REGULATIONS), 8.76 (OFF-STREET PARKING AND LOADING
REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND THE CREATION OF
CHAPTER 8.65 (COTTAGE FOOD OPERATIONS)
a a
8.3 PLPA-2013-00031 Housing Element Update (2015-2023) General Plan Amendment
Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report.
Chair Bhuthimethee opened the public hearing, and having no speakers, closed the public
hearing.
On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 4-0-1, with Cm. Kohli
absent, the Planning Commission adopted:
RESOLUTION NO. 14- 54
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DRAFT DRAFT
RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR THE
2015-2023 HOUSING ELEMENT UPDATE
RESOLUTION NO. 14-55
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF A GENERAL PLAN AMENDMENT
FOR THE 2015-2023 HOUSING ELEMENT UPDATE
o
NEW OR UNFINISHED BUSINESS — NONE
OTHER BUSINESS - NONE
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
10.2 Jeff Baker presented Cm. O'Keefe with a Certificate of Appreciation for his service to the
City of Dublin. Chair Bhuthimethee thanked Cm. O'Keefe for his service and
commended him for his dedication to the City of Dublin.
10.3 Mr. Baker advised the Planning Commission that the next meeting, scheduled on
November 11th, Veterans Day, will be canceled, as well as the meeting scheduled for
November 25th. He stated that the next meeting will be Dec 9th
10.4 Mr. Baker advised the Planning Commission that the City Clerk is currently accepting
applications, for consideration by the Mayor, to serve on the Planning Commission. He
reminded Chair Bhuthimethee that her first term ends in December and to submit an
application if she would like for the Mayor to consider her for a second term.
ADJOURNMENT— The meeting was adjourned at 7:41:13 PM
Respectfully submitted,
Planning Commission Chair
ATTEST:
Jeff Baker
Assistant Community Development Director
GWINUTE&20141PLANNING COMMISSIOW0.28.14 DRAFT PC MINUTES(CF).doc
RESOLUTION NO. 14-53
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING
ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED
USES OF LAND), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), 8.64
(HOME OCCUPATIONS REGULATIONS), 8.76 (OFF-STREET PARKING AND LOADING
REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND THE CREATION OF
CHAPTER 8.65 (COTTAGE FOOD OPERATIONS)
EFFECTIVE CITY-WIDE
PLPA-2014-00031
WHEREAS, Assembly Bill (AB) 1616 became effective on January 1, 2013 and allows
individuals to prepare and/or package certain non-potentially hazardous foods in private-home
kitchens referred to as "cottage food operations"; and
WHEREAS, AB 1616 further requires cities and counties to allow cottage food operations
in private residences but permits local ordinances that impose reasonable standards,
restrictions and requirements concerning spacing and concentration, traffic control, parking and
noise control; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.64 (Home Occupations Regulations)
permits home occupations for the gainful employment of the occupant of a residential dwelling in
a limited commercial activity subject to certain standards and regulations; and
WHEREAS, the establishment of a cottage food operation in a residential dwelling would
not be consistent with the current standards and regulations for home occupations and therefore
the creation of Chapter 8.65 (Cottage Food Operations) is proposed; and
WHEREAS, Staff is also proposing associated Zoning Ordinance Amendments to: 1)
define cottage food operations; 2) establish cottage food operations as a permitted use in
agricultural and residential zoning districts; 3) establish cottage food operations as a permitted
residential accessory use; 4) exclude cottage food operations from the home occupations
regulations chapter; 5) establish a parking requirement for cottage food operations; and 6)
require a zoning clearance permit for cottage food operations; and
WHEREAS, Staff is also proposing amendments to the Home Occupations Regulations
Chapter to clarify certain standards and regulations based on enforcement activity and the
changing nature of home occupations in general; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission
recommend that the City Council find this project exempt in accordance with CEQA Guidelines
Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the
Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment;
and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission held a public hearing on said application on
October 28, 2014; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 28th day of October 2014 by the following
vote:
AYES: Bhuthimethee, Do, O'Keefe, Goel
NOES:
ABSENT: Kohli
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
2of2
ORDINANCE NO. xx — 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08
(DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.40
(ACCESSORY STRUCTURES AND USES REGULATIONS), 8.64 (HOME OCCUPATIONS
REGULATIONS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND
8.116 (ZONING CLEARANCE) AND THE CREATION OF
CHAPTER 8.65 (COTTAGE FOOD OPERATIONS)
EFFECTIVE CITY-WIDE
PLPA-2014-00031
WHEREAS, Assembly Bill (AB) 1616 became effective on January 1, 2013 and allows
individuals to prepare and/or package certain non-potentially hazardous foods in private-home
kitchens referred to as "cottage food operations"; and
WHEREAS, AB 1616 further requires cities and counties to allow cottage food operations
in private residences but permits local ordinances that impose reasonable standards,
restrictions and requirements concerning spacing and concentration, traffic control, parking and
noise control; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.64 (Home Occupations Regulations)
permits home occupations for the gainful employment of the occupant of a residential dwelling in
a limited commercial activity subject to certain standards and regulations; and
WHEREAS, the establishment of a cottage food operation in a residential dwelling would
not be consistent with the current standards and regulations for home occupations and therefore
the creation of Chapter 8.65 (Cottage Food Operations) is proposed; and
WHEREAS, Staff is also proposing associated Zoning Ordinance Amendments to: 1)
define cottage food operations; 2) establish cottage food operations as a permitted use in
agricultural and residential zoning districts; 3) establish cottage food operations as a permitted
residential accessory use; 4) exclude cottage food operations from the home occupations
regulations chapter; 5) establish a parking requirement for cottage food operations; and 6)
require a zoning clearance permit for cottage food operations; and
WHEREAS, Staff is also proposing amendments to the Home Occupations Regulations
Chapter to clarify certain standards and regulations based on enforcement activity and the
changing nature of home occupations in general; and
WHEREAS, the Planning Commission held a public hearing on October 28, 2014 and
adopted Resolution 14-53 recommending City Council adoption of the proposed Zoning
Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the City of Dublin City Council
recommending approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the project on November 18, 20147
at which time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.13 of the Dublin Municipal Code, the City Council hereby finds
that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all
applicable Specific Plans in that the Amendments relating to uses such as cottage food
operations are consistent with applicable land use designations and general development
policies. The other amendments propose procedural, clean-up and minor revisions and raise no
inconsistencies with the General Plan or any specific plans.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, the City Council hereby
finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it
can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) will not have a significant effect on the environment. The adoption of the proposed
Ordinance does not, in itself, allow the establishment of any use or the construction of any
building or structure, but sets forth the regulations that shall be followed if and when a use is
proposed to be established, or a building or structure is proposed to be constructed, or a site is
proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
SECTION 3:
Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is hereby amended
to add the following definition:
"Cottage Food Operations (use type). The term Cottage Food Operations shall mean a
home-based food business, established within a residential dwelling as an accessory use that is
incidental and subordinate to the residential dwelling, where specific food products are prepared
for sale to consumers consistent with the California Homemade Food Act and as further defined
in Health and Safety Code Section 113758, as may be amended."
SECTION 4:
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is hereby amended to add Cottage Food Operation as a Residential Use Type
to read as follows:
2of10
RESIDENTIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Cottage Food ZC/ ZC/ ZC/ ZC/ - - - - - - -
Operations MUP MUP MUP MUP
SECTION 5:
Section 8.40.030.E.5 (Home Occupations) is hereby amended to read as follows:
"Home Occupations, Cottage Food Operations, Large Family Day Care Homes. Home
Occupations are subject to the provisions of Chapter 8.64 (Home Occupations Regulations),
Cottage Food Operations are subject to the provisions of Chapter 8.65 (Cottage Food
Operations) and Large Family Day Care Homes are subject to the provisions of Chapter 8.66
(Large Family Day Care Homes)."
SECTION 6:
Chapter 8.64 (Home Occupations Regulations) of Title 8 of the Dublin Municipal Code is hereby
amended to read as follows:
"CHAPTER 8.64 HOME OCCUPATIONS REGULATIONS
8.64.010 Purpose and Intent. The purpose of this Chapter is to allow Home Occupations
for the gainful employment of the occupant of a dwelling in a limited commercial activity, with
such employment activity being incidental and subordinate to the residential use of the property.
The intent of this Chapter is to ensure that Home Occupations are compatible with, and do not
change the character of the surrounding residential area by generating more traffic, noise,
odors, visual impacts, or storage of materials than would normally be expected in a residential
zoning district.
8.64.020 Business License Required.
Business licenses are required for Home Occupations which are permitted as accessory uses in
all residential zoning districts. No Home Occupation may be conducted until a Business License
is issued pursuant to Chapter 4.04 (Business Registration) of the Dublin Municipal Code.
8.64.030 Limitations on Use.
A Home Occupation shall conform to the following limitations on use:
A. Accessory Structure/Temporary Structure. No Home Occupation may be conducted
within an Accessory Structure or a temporary structure, except for detached offices, studios, or
workshops used to carry on administrative or artistic activities of a commercial nature.
B. Appearance of the Residence. The Home Occupation shall not alter the external
appearance of the residence.
C. Construction Equipment/Work Vehicles. No construction equipment or work vehicles
such as plumbing vans, electronic repair vans, or similar equipment or work vehicles (except a
3 of 10
Company Vehicle permitted by Section 8.64.030.E below), as determined by the Director of
Community Development, shall be stored which is used by the occupant of the residence or
his/her employees in connection with a Home Occupation.
D. Codes/Laws/Regulations. A Home Occupation shall conform to all applicable codes,
laws and regulations of the City, County, State and Federal governments.
E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no larger
than 3/4 ton in capacity, unless otherwise approved by the Community Development Director,
may be parked in a residential zoning district and used by the occupant directly or indirectly in
connection with a Home Occupation. The company vehicle may have a company name and/or
logo adhered to it. The company name and/or logo shall not exceed 9 square feet per side of
the vehicle and shall not be used as a sign platform for the sole purpose of advertising, or
attracting people to, the Home Occupation.
F. Emergency Shelters and Transitional Housing. No Home Occupations of any nature
shall be permitted to operate in an established Emergency Shelter or Transitional Housing unit.
G. Employees. No Home Occupation shall permit employees who do not reside in the home
to gather at, or work from, the home.
H. Equipment/Appliances/Storage of Materials of Non-Residential Nature. There shall
be no installation of equipment or appliances or storage of materials, of a non-residential nature
in a residence or Accessory Structure, as determined by the Director of Community
Development.
I. Fire Safety/Occupancy. Activities conducted, and equipment or material used, as part of
a Home Occupation shall be restricted to residential occupancy classifications as set forth in the
Building Code. The Home Occupation shall not reduce the fire safety classification of a
residence or an accessory structure, or employ the storage of flammable, explosive, or
hazardous materials unless specifically approved by the Alameda County Fire Department.
J. Incidental and Subordinate Use. A Home Occupation shall be incidental and
subordinate to the residential use of the property.
K. Indoors/Limited to one room. The Home Occupation, with the exception of swimming
instruction, shall be conducted entirely indoors. The Home Occupation shall be limited
completely to one room located within the residence, an accessory structure, or the garage so
long as the Home Occupation does not occupy a required parking space of the residence.
L. Merchandise For Sale, Lease Or Rent, or Services Provided. No merchandise or
goods shall be sold, leased or rented from the premises if the sale, lease or rental requires the
customer to visit the premises for delivery. No services shall be provided from the premises if
the service requires the customer to visit the premises for the service provided (except Students
permitted by Section 8.64.030.S).
M. Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light,
vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or
other hazards or nuisances beyond those normal for a residential area or which may be
perceptible at or beyond the lot line as determined by the Director of Community Development.
4 of 10
N. Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise,
equipment, appliances, tools, materials, or supplies associated with a Home Occupation.
O. Parking. No vehicle used for a Home Occupation shall occupy a required parking space
of a residence unless the vehicle also serves as the day-to-day personal vehicle of the individual
conducting the Home Occupation. One off-street parking space shall be provided for a vehicle
used exclusively for the Home Occupation.
P. Rented Property. If the Home Occupation is to be conducted on rental property, written
authorization to conduct the home occupation on the premises shall be obtained from the
property owner or property manager and submitted to the City when applying for a Business
License.
Q. Signs. There shall be no advertising sign, window display, or other identification of the
Home Occupation on the premises other than a house number and nameplate as permitted by
Section 8.84.140.D House Numbers and Name Plates.
R. Storage. The storage of equipment, materials, wastes, and other items needed for, or
produced by, the construction, landscaping, or service trades is prohibited.
S. Students. No more than two students may be given instruction in music, academics,
dance, swimming, or other subjects as determined by the Community Development Director in a
residence at one time. No students may be given instruction between the hours of 9:00 p.m. and
8:00 a.m.
T. Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five
additional pedestrian or vehicular trips per day. No Home Occupation shall generate more than
two delivery trips per day and no deliveries shall be made between the hours of 9:00 p.m. and
8:00 a.m.
8.64.040 Prohibited Home Occupations.
The following Home Occupations are in violation of the Purpose and Intent and/or the
Limitations on Use section, and are prohibited:
A. Adult Businesses Establishments.
B. Personal Services (excluding tutoring).
C. Carpentry or cabinet making.
D. Dance or night club.
E. Fortune telling.
F. Grooming, breeding, boarding (day or night), training or raising of dogs, cats, or
other animals.
G. Medical and dental offices, clinics, and laboratories.
5 of 10
H. Mini-storage.
I. Repair (body or mechanical) or reupholstering of vehicle not owned by the
resident. (Note: painting of motorized vehicles or the repair and maintenance of any tractor
trucks or semi-trucks is prohibited in any residential zoning district by Section 8.40.030.E.8,
Accessory Structures and Uses Regulations.
J. Repair Shops (of appliances, electronic equipment, furniture, and similar items as
determined by the Director of Community Development), Fix-it shops, or plumbing
shops.
K. Eating and Drinking Establishments.
L. Welding and machining.
M. Other. Any other Home Occupations, as determined by the Director of Community
Development, as being in violation of the Purpose and Intent of this Chapter or the Limitations of
Use section.
8.64.050 Exclusions. The following uses are excluded from regulation under this Chapter.
A. Cottage Food Operations. Cottage Food Operations are subject to the provisions of
Chapter 8.65 (Cottage Food Operations).
B. Large Family Day Care Homes. Large Family Day Care Homes are subject to the
provisions of Chapter 8.66 (Large Family Day Care Homes).
8.64.060 Violation.
Any violation of the regulations of this chapter is subject to enforcement pursuant to Chapter
8.144 (Enforcement) and Chapter 4.04 (Business Registration) of the Dublin Municipal Code."
SECTION 7:
Section 8.76.080.B (Residential Use Types) of Title 8 of the Dublin Municipal Code is hereby
amended to add Cottage Food Operations as follows:
"RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Cottage Food Operations Provide the number of spaces required for the type
of residential dwelling plus 1 space for an employee
not residing in the home (if applicable) plus 1 space
for a company vehicle (if applicable). A company
vehicle that also serves as the day-to-day personal
vehicle of the individual conducting the cottage food
operation shall not require an additional parking
space."
6 of 10
SECTION 8:
Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal
Code is hereby amended to add the following subsection:
"J. Cottage Food Operations. Cottage Food Operations that meet the standards specified
in Chapter 8.65 (Cottage Food Operations)."
SECTION 9:
Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is hereby amended to
add the following subsection:
"J. Cottage Food Operations. If the Zoning Clearance is for a Cottage Food Operation, the
Applicant shall submit a "Zoning Clearance for Cottage Food Operations" application form
provided by the Community Development Department with such information requested on said
form."
SECTION 10:
Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is hereby amended to add
the following subsection:
"J. Cottage Food Operations. All Cottage Food Operations shall be reviewed for
compliance with Chapter 8.65 (Cottage Food Operations). The Zoning Clearance approval for a
Cottage Food Operation shall be a completed "Zoning Clearance for Cottage Food Operations"
application form and any pertinent attachments as required on the form with the date and
signature of the Community Development Director or his/her designee."
SECTION 11:
Section 8.116.050 (Expiration) of Title 8 of the Dublin Municipal Code is hereby amended to add
the following subsection:
"J. Cottage Food Operations. A Zoning Clearance issued in conjunction with a Cottage
Food Operation shall expire when the use is no longer operational."
SECTION 12:
Title 8 of the Dublin Municipal Code is hereby amended to add the following Chapter:
"Chapter 8.65 Cottage Food Operations
8.65.010 Purpose.
The purpose of this Chapter is to provide for the establishment of Cottage Food Operations,
where specific food products that do not require refrigeration are made or repackaged for sale to
consumers, as an incidental and subordinate use within a lawfully established residential
dwelling.
8.65.020 Intent.
7 of 10
The intent of this Chapter is to:
A. Establish a ministerial process for the review and approval of Cottage Food Operations.
B. Establish development standards and regulations for Cottage Food Operations within the
City.
C. Ensure that Cottage Food Operations are compatible with surrounding residential uses
and do not change the character of the surrounding residential area by generating more traffic,
noise or visual impacts than would normally be expected in a residential zoning district.
8.65.030 Permitting Procedure.
Any proposed Cottage Food Operation shall conform to the Development Standards and
Regulations contained in this Chapter (Section 8.65.040) and shall be subject to a Zoning
Clearance to be reviewed by the Community Development Director and processed in
accordance with Chapter 8.116 (Zoning Clearance).
8.65.040 Development Standards and Regulations.
An application for a Zoning Clearance to establish a Cottage Food Operation shall demonstrate
compliance with the following development standards and regulations:
A. Permitted within a Residential Dwelling. A Cottage Food Operation may be
established within a residential dwelling as an accessory use that is incidental and subordinate
to the residential dwelling. All activities associated with the Cottage Food Operation shall be
conducted entirely within the dwelling.
B. Appearance of the Residence. The Cottage Food Operation may not alter the exterior
appearance of the residence so long as the alterations do not change the residential character
of the home.
C. Codes/Laws/Regulations. The Cottage Food Operation shall conform to all applicable
codes, laws and regulations of the City, County, State and Federal governments.
D. Employees. The Cottage Food Operation may have one full-time equivalent employee,
excluding individuals who reside in the home. A maximum of one employee, full-time or part-
time, excluding individuals who reside in the home, may be employed on-site at the residence of
the Cottage Food Operation at any given time.
E. On-Site Direct Sales to Customers. A Cottage Food Operation may conduct on-site
direct sales to customers from within the dwelling. A maximum of one (1) customer may be on-
site at any given time during the permitted hours of operation for on-site direct sales (refer to
Section 8.65.040.E below). Direct sales shall not take place within an attached garage,
detached accessory structure or outside of the dwelling.
F. Hours of Operation for On-Site Direct Sales. A Cottage Food Operation may only
conduct on-site direct sales between the hours of 7:OOam and 9:OOpm.
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G. On-Site Dining. No on-site dining shall be permitted in conjunction with a Cottage Food
Operation.
H. Parking. The Cottage Food Operation shall provide the amount of off-street parking
required in Section 8.76.080 (Parking Requirements by Use Type) of the Off-Street Parking and
Loading Regulations.
I. Company Vehicle. One company vehicle (a truck, van or automobile only) no larger than
% ton in capacity, unless otherwise approved by the Community Development Director, and
used in conjunction with the Cottage Food Operation, may be parked at the residence. A
company vehicle shall not occupy a required parking space for the dwelling unless it also serves
as the occupant's personal vehicle.
J. Minimum Separation. Except as otherwise stated below, a minimum 300-foot radius
separation is required between all Cottage Food Operations. For single family detached
dwellings, second units and duplexes, the separation shall be measured from the property lines.
For townhomes, apartments and condominiums, where the units are dispersed among multiple
buildings, the separation shall be measured from the exterior walls of the building in which the
Cottage Food Operation is proposed to be located.
For apartments and condominiums with a High Density Residential General Plan Land
Use Designation, the total number of Cottage Food Operations shall not exceed 2% of the total
number of units within the development. No minimum separation shall be required. A fraction of
.5 or greater shall be rounded up to the nearest whole number.
Exceptions to the required minimum 300-foot radius separation or the 2% maximum may
be granted pursuant to a Minor Use Permit if it can be demonstrated that the exception will not
be contrary to Section 8.65.020.0 of this Chapter.
K. Fire Safety/Occupancy. Activities conducted and equipment or material used as part of
a Cottage Food Operation shall be restricted to residential occupancy classifications as set forth
in the Building Code. The Cottage Food Operation shall not reduce the fire safety classification
of a residence, or employ the storage of flammable, explosive, or hazardous materials unless
specifically approved by the Alameda County Fire Department.
L. Nuisances. No Cottage Food Operation shall create or cause traffic, noise, or other
nuisances beyond those normal for a residential area or which may be perceptible at or beyond
the lot line as determined by the Director of Community Development.
M. Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise,
equipment, appliances, tools, materials, or supplies associated with the Cottage Food
Operation.
N. Signs. There shall be no advertising sign, window display, or other identification of the
Cottage Food Operation on the premises other than a house number and nameplate as
permitted by Section 8.84.140.D (House Numbers and Name Plates).
O. Delivery Trips. No Cottage Food Operation shall generate more than two delivery trips
per day. No deliveries shall be made between the hours of 9:OOpm and 8:OOam.
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P. Business License. A Business License is required and shall be obtained prior to
establishing a Cottage Food Operation. The Business License shall remain current and valid
throughout the life of the Cottage Food Operation.
Q. Rented Property. If the Cottage Food Operation is to be conducted on rental property,
written authorization from the property owner or property manager shall be obtained and
submitted to the City when applying for a Business License.
8.65.050 Violation.
Any violation of the regulations of this Chapter is subject to enforcement pursuant to Chapter
8.144 (Enforcement) and Chapter 4.04 (Business Registration) of the Dublin Municipal Code.
Any violation is cause for revocation of the Zoning Clearance pursuant to Chapter 8.96 (Permit
Procedures) of this Code."
SECTION 13: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this_
day of , 20147 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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