AGENDA
ITEM
9 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: December 6, 2023
TO: City Council
isperanza Colio Warren, City Manager WY alin cove
APPROVED BY:
PREPARED BY: Francisco Barba, Development Services Director SUBJECT: Introduction and First Reading by Title Only of an Ordinance Adopting a Zone Text Amendment Amending Sections 17.01.900 and 17.11.200 and Adding Chapter 17.21 to Title 17 of the Calexico Code of Ordinances Related to Cottage Food Operations
Recommendation:
Conduct a public hearing to introduce the proposed text amendment, conduct a first reading, by title only, and provide directive to city staff to present the item during the next regularly scheduled City Council meeting for a second reading, by title only, and consideration for adoption by City Council.
Background:
On September 21, 2012, the State of California passed Assembly Bill ("AB") 1616- Cottage Food Operations which requires cities to allow cottage food operations as defined by Health and Safety Code Section 113758 to operate within any residential dwelling within the city. While residents are allowed to sell food products from residential dwelling units via AB 1616, the types of foods that a cottage food operation can sell are limited to "non-potentially hazardous foods," which are foods that are unlikely to grow harmful bacteria or other toxic microorganisms at room temperature.
Residents have increasingly expressed the desire to implement cottage food operations within residential dwelling units, but the lack of regulations in the City of Calexico Code of Ordinances restricts their use. In compliance with AB 1616, the City of Calexico wishes to reasonably regulate cottage food operations as home occupations by proposing the text amendment included as Attachment A of this staff report. The proposed text amendment will amend Sections 17.01.900 and 17.11.200 and add Chapter 17.21 to Title 17 of the City of Calexico Code of Ordinances.
The proposed text amendment was presented to the City of Calexico Planning Commission during a public hearing held on November 13, 2023. Upon reviewing all relevant documentation and opening the floor for public comments, the Planning Commission unanimously voted to recommend approval of the proposed text amendment without a mandated delivery/pick-up schedule for cottage food operations to the City Council.
The purpose of this item is to present the proposed text amendment to the City Council so that they may conduct a first reading by title only.
Discussion and Analysis:
Existing Requirements. As previously mentioned, the Current implementation of the City of Calexico Code of Ordinances does not have an established procedure to ensure the safe implementation and operation of cottage food operations within the city. To comply with the requirements of AB 1616, the City of Calexico must establish a procedure in its Code of Ordinances for the reasonable regulation of cottage food operations.
Proposed Amendment. To comply with AB 1616, which requires cities to allow cottage food operations as defined by Health and Safety Code Section 113758 to operate within any residential dwelling in the city, the text amendment attached as Attachment A is being proposed. As previously mentioned, the proposed text amendment will amend Sections 17.01.900 and
17.11.200 and add Chapter 17.21 to Title 17 of the City of Calexico Code of Ordinances.
The amendment to Section 17.01.900, Definitions, will add a new line item defining "Cottage Food Operation" while the amendment to Section 17.11.200, Home Occupations, will add a new subsection listing cottage food operations as a permitted use via a home occupation permit.
The addition of Chapter 17.21 will implement a procedural process for the review and issuance of cottage food operation permits. The chapter consists of ten subsections detailing application requirements, fees, noticing process, review, and other items relating to the processing of cottage food operation permits.
Types of Permitted Food. As previously mentioned, the types of foods that a cottage food operation can sell are limited to "non-potentially hazardous foods," which are foods that are unlikely to grow harmful bacteria or other toxic microorganisms at room temperature. These foods include but are not limited to baked goods, candy, dried fruit, nut mixes/butters, and dried pasta among others. It should be noted that all applicants must acquire and maintain an active permit from the Imperial County Department of Health as well as other relevant county departments. A cottage food regulatory permit will not be issued by the City unless a copy of all approved County of Imperial permits has been received.
Planning Commission Findings:
As previously mentioned, the proposed text amendment was presented to the Planning Commission during a public hearing held on November 13, 2023. During the meeting, city staff highlighted two main items of the proposed text amendment to the Planning Commission for their review and consideration. The two highlighted items are as follows:
1. Public Hearing Requirement. Subsection 17.21.140 of the proposed Chapter 17.21 requires a public notice to be sent to property owners within a 300-foot radius of the proposed cottage food operation. The notice will notify residents of a proposed cottage food operation and provide the option for any of the notified residents to request a public hearing for the application. Should a notified resident request a public hearing, the application review may be lengthened, and additional fees/deposits may be required to cover the time and material costs, public hearing notice costs, and the scheduling costs for a Planning Commission meeting.
Upon carefully reviewing the public hearing requirements in subsection 17.21.140 of the proposed text amendment, the Planning Commission voted to retain the Public Hearing requirement as listed in Attachment A - Draft Text Amendment.
2. Delivery & Pick-up Hours of Operation. Subsection 17.21.150(B) of the proposed Chapter 17.21 requires applicants of cottage food operations to prepare and submit a delivery and pick-up schedule for review as well as set a designated schedule and time frame for the delivery and pick-up of cottage foods located on major arterial roads. This subsection is specifically designed to diminish potential traffic and pedestrian safety issues in the subject area.
Upon carefully reviewing the delivery and pick-up hours of operation requirements in subsection 17.21.150(B) of the proposed text amendment, the Planning Commission voted to allow cottage food operations without a required delivery and pick-up timeframe and schedule.
Environmental:
CEQA (California Environmental Quality Act) is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. A public agency must comply with CEQA when a project "receives some discretionary approval from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment." Compliance can be met by determining whether a project is exempt from CEQA or preparing an environmental analysis, typically a negative declaration (ND), mitigated negative declaration (MND) or environmental impact report (EIR).
The proposed text amendment is exempt from CEQA review via Section 15061(b)(3) of the CEQA Guidelines for Implementation which states the following:
"The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." (California Code of Regulations).
As a Municipal Code text amendment, it can be seen with certainty that there is no possibility that the proposed text amendment may result in a significant effect on the environment.
Public Hearing:
A Public Hearing Notice for the proposed project was sent to the local newspaper for posting on November 20, 2023, and subsequently posted at City Hall.
Fiscal Impact:
If the proposed text amendment were approved, the City will potentially see an increase in home occupancy applications for cottage food operations. All permit application and review fees will be acquired by the City.
Coordinated With:
City Manager's Office
Attachments):
Attachment A - Text Amendment as Modified by Planning Commission Attachment B - Public Hearing Notice
Attachment C - Draft City Council Ordinance
Attachment A - Text Amendment as Modified by
Planning Commission
ZONING TEXT AMENDMENT
CITY OF CALEXICO ZONING TEXT AMENDMENT - COTTAGE FOOD OPERATIONS • Underline is proposed new language
• Strike through is existing language to be deleted
• Standard type is existing language to be retained
1. Section 17.01.900 - Definitions
55. "Cottage Food Operation" means an enterprise that is operated by a cottage food operator and may have a maximum of 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 or indirect sale to consumers, as defined in California Health and Safety Code § 113758, and is subject to all applicable regulations, standards, definitions, and requirements of the California Health and Safety Code. No more than one employee may work at the cottage food operation at any one time."
2. Section 17.11.200 - Home Occupations
B. "Cottage Food Operations. Cottage food operations are a type of permitted home occupation, subject to the provisions of Chapter 17.21."
3. Chapter 17.21 COTTAGE FOOD OPERATION
17.21.110 - Purpose.
The City Council adopts this chapter pursuant to California Government Code Section 51035. Its purpose is to prescribe reasonable land-use standards, restrictions, and requirements concerning space and concentration, traffic control, parking, and noise control relating to cottage food operations. Its purpose is also to establish an economical process consistent with state law for obtaining a use permit to operate a cottage food operation in conformance with such standards, restrictions, and requirements. Its purpose is not to license, certify, or otherwise regulate the quality and safety of food products provided by cottage food operations and those who operate them, which is governed exclusively at the county level by the department of environmental health.
17.21.120 - Application Process.
A. A cottage food operation, as defined in California Health and Safety Code Section 113758, must obtain a use permit prior to operation within the City.
B. Applications for use permits to operate a cottage food operation shall be made to the City's community development director or his or her designee, who shall specify the form of said applications consistent with this section. At a minimum, application forms shall indicate all of the following:
1. Type(s) of food to be produced at the cottage food operation;
2. Number of employees;
3. Completed and approved County registration/permitting form;
4. Completed County self-certification checklist (for Class "A" only):
5. County registration or permit number;
6. Proof that the applicant is in lawful possession and control of the real property to be used as a cottage food operation; and
7. Proof that the applicant has a valid business license.
C. In addition to submission of a completed application form and application fee as provided by this chapter, the applicant shall submit the following documentation:
1. One copy of the assessor's parcel map;
2. One copy of a site plan (eight and one-half by eleven inches) showing:
location and dimension of existing residence and other structures; distance to property line; parking areas and number of spaces both on-site and off-site; access to and exits from the home; floor(s) on which food products will be prepared; traffic circulation; location of fire extinguishers and smoke
3. An accurate traffic circulation plan showing parking, delivery, and pick-up areas.
17.21.130 - Application fee.
There is established an application fee for the review and processing of applications for use permits pursuant to this chapter in an amount to be set by resolution of the City Council.
Said fee shall not exceed the City's cost of administering the review and permit process.
17.21.140 - Notice to Property Owners.
Not less than ten days prior to the date on which the decision will be made on the application, the community development director or his or her designee shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a three-hundred-foot radius of the exterior boundaries of the proposed cottage food operation. A copy of the notice shall also be sent to the applicant. The notice shall inform its recipient that no hearing shall be held before a decision on the application unless requested by the recipient.
17.21.150 - Decision by the Community Development Director.
After proper notice has been given to affected property owners pursuant to Section
17.15.140, the community development director or his or her designee shall render a decision on the application. Unless requested by the applicant or other affected person, no hearing shall be held on the application before a decision is made. The application shall be approved if all of the following standards and requirements are met:
A. Space and Concentration. Properties proposed for use as cottage food operations shall be located no closer than six hundred feet in all directions from another cottage food operation, subject to an application for an exception to said six-hundred-foot distance which may, after a public hearing and notice to the adjacent property owners in accordance with Section 17.15.140 of this chapter, cause a reduction of no more than one-hundred feet from another cottage food operation.
B. Traffic Control. The traffic circulation plan shall be designed to diminish traffic satety problems. Residences located on major arterial streets (as shown on the general plan circulation map) must provide a delivery and pick-up area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a delivery and pick-up schedule to reduce congestion in neighborhoods already identified as having traffic congestion problems.
C. Parking. One off-street parking space shall be provided for a cottage food employee, as defined in California Health and Safety Code Section 113758, if the cottage food operator chooses to have a cottage food employee.
D. Noise Control. Operation of the facility shall comply with all provisions of Chapter
8.46 of this code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist.
E. Signage. No signs or other exterior markings identifying a cottage food operation shall be allowed on the applicant's home unless approved pursuant to the procedures set forth in Section 17.11.200(A)(8) of this code.
F. Residency. The applicant must be a primary resident of the home that is proposed as a cottage food operation.
G. Contact Person. The current name and telephone number of the applicant of the cottage food operation shall be on file with the community development department at all times.
H. County registration/permit. All appropriate registration/permits from the Imperial County Public Health Department shall be obtained prior to commencing operation of any cottage food operation in the City.
I. Building and Fire Code Compliance. Consistent with Section 51035 of the Government Code, the proposed cottage food operation must comply with all building and fire code provisions applicable to single-family residences. No application shall be approved unless and until the City's building inspector and fire marshal, or their designees, have first inspected the premises and determined that the home does comply with the foregoing building and fire code provisions. However, a copy of the approved county registration/permitting form and/or the county self- certification checklist may be found by the city staff to be sufficient.
J. Single-Family Zoning. No use permit shall be issued unless the dwelling unit proposed to be used as a cottage food operation is located on a lot zoned or used for single-family dwellings under this Title.
K. Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used as a cottage food operation.
L. Home Occupation. No use permit shall be issued unless the applicant complies with Municipal Code section 17.11.200(A), paragraphs (1). (2). (3). (4), (6), (7), (8), (9), (10), (11), and (12).
17.21.160 - Appeal of Decision.
The applicant or other affected person may appeal the decision to grant or deny an application for a use permit pursuant to this chapter to the planning commission. The planning commission's decision shall be final unless the matter is called up for review by the City Council. The appellant shall pay the City's costs, if any, of processing and conducting the appeal. The amount of such costs shall be estimated in advance by the community development director or his or her designee and the appellant shall deposit said amount with the City before the City will process the request for an appeal. If at the end of the appeal, the City's actual costs were less than the estimate, then the City shall refund the unused portion of the deposit to the appellant. In the event that the City's costs exceeded the amount of the deposit, then the appellant shall pay the amount of the difference to the City.
17.21.170 - Expiration of Permit.
If a cottage food operation possessing a use permit ceases to operate for a period greater than three hundred and sixty consecutive days or its county registration or permit expires. whichever occurs first, then its use permit shall be considered null and void. Permits are nontransferable.
17.21.180 - Review of Permit.
A. Upon determination by the department of community development that the holder of a cottage food operation use permit has not complied with all of the standards and requirements of this chapter, expressly including but not limited to Section 17.15.150, the community development director may require the use permit to be reviewed by the planning commission at public hearing. A noticed public hearing to review the use permit is mandatory when the City receives six substantiated complaints alleging violations of this chapter.
B. If the planning commission determines that the permit holder has failed in a material way to comply with all of the standards and requirements of this chapter, then the planning commission may suspend or revoke the permit or may, in its discretion. impose additional reasonable standards and requirements consistent with state law, based on findings derived from testimony and evidence presented at the public hearing.
17.21.190 - Pre-Existing Cottage Food Operations.
Any cottage food operation operating in the City on the effective date of the ordinance codified in this chapter shall apply to the City for a use permit pursuant to this chapter within thirty days after the effective date of the ordinance codified in this chapter, by filing with the City a copy of their existing registration or permit provided by the County of Imperial. Such permits shall be issued by the City without further notice or hearing. Such homes may continue to operate during the City's processing and receipt of these applications. Any such home not applying to the City within thirty days after the effective date of the ordinance codified in this chapter shall be considered a nuisance subject to abatement.
17.21.200 - Violation-Public Nuisance and Misdemeanor.
Operation of a cottage food operation pursuant to this chapter is a privilege, not a right. Any cottage food operation operating in the City without a valid use permit as required by this chapter is prohibited and such operation constitutes both a misdemeanor and a public nuisance. The nuisance may be enjoined or otherwise abated by the City in the manner prescribed by Title 8 of this code and any other applicable provision of state or local law." Attachment B - Public Hearing Notice
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF CALEXICO
NOTICE IS HEREBY GIVEN that the City Council of the City of Calexico will hold a Public Hearing on Wednesday, December 6, 2023, at 6:30 PM (or as soon thereafter as the agenda permits), in the Fernando "Nene" Torres Council Chambers, 608 Heber Avenue, Calexico, CA 92231, to consider approval of the following project (s):
PROJECT TITLE: CITY OF CALEXICO ORDINANCE AMENDING SECTIONS 17.01.900 AND 17.11,200 AND ADDING CHAPTER 17.21 TO TITLE 17 OF THE
CALEXICO CODE OF ORDINANCES RELATED TO COTTAGE
FOOD OPERATIONS
compliance with AB 1616, the City of Calexico wishes to reasonably regulate cottage food operations as home occupations, subject to the requirements of AB 1616.
PROJECT TITLE: CITY OF CALEXICO ORDINANCE AMENDING ARTICLE I AND REMOVING ARTICLE III UNDER CHAPTER 17.03 OF THE
CALEXICO CODE OF ORDINANCES RELATED TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
DESCRIPTION/LOCATION: On September 28, 2022, the State of California passed Senate Bill ("SB") 897 - Accessory Dwelling Units: junior accessory dwelling units, which sets new requirements cities must follow for the approval of Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). In compliance with SB 897, the City of Calexico wishes to reasonably regulate both ADU and JADU developments, subject to the requirements of SB 897.
CITY COUNCILACTION: The City Council will conduct a first reading, by title only, where they will open the floor for public comments for and against the proposed amendment.
ALL INTERESTED PERSONS are invited to attend this hearing. Members of the public can make com- ments in the following ways:
a) In person
Via email by 5:00 p.m. on Wednesday, December 6, 2023, to [email protected]. sending an email request to [email protected].
Legal Publish: Nov. 23, 2023
Attachment C- Draft City Council Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CALEXICO, CALIFORNIA, AMENDING SECTIONS
17.01.900 AND 17.11.200 AND ADDING CHAPTER 17.21 TO
TITLE 17 OF THE CALEXICO CODE OF ORDINANCES
RELATED TO COTTAGE FOOD OPERATIONS
WHEREAS, the City of Calexico, California ("City") is a general law city organized and existing under the Constitution and laws of the State of California; and WHEREAS, the Legislature adopted Assembly Bill ("AB") 1616, which requires cities to allow cottage food operations as defined by Health and Safety Code Section 113758 to operate within any residential dwelling within the city; and
WHEREAS, the Planning Commission of the City of Calexico conducted a duly noticed public hearing on November 13, 2023, and adopted Resolution No. 23-16, a resolution recommending that the City Council adopt Ordinance No.
WHEREAS, the City Council of the City of Calexico conducted a duly noticed public hearing on December 6, 2023; and
WHEREAS, the City wishes to reasonably regulate cottage food operations as home occupations, subject to the requirements of AB 1616; and WHEREAS, the City Council has determined that, pursuant to the California Environmental Quality Act, ("CEQA") Guideline 15061(b)(3), it can be seen with certainty that there is no possibility that these amendments to Title 17 of the Calexico Municipal Code may have a significant effect on the environment, and therefore, is not subject to CEQA; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, the City Council of the City of Calexico, California, does hereby ordain as follows:
SECTION 1. Incorporation of Recitals. The Recitals herein are true and correct and an incorporated herein by this reference.
SECTION 2. Amendment to Municipal Code. Section 17.01.900, Definitions, subsection (A), of Title 17 (Zoning) of the Calexico Code of Ordinances is hereby amended to add the following definition for "Cottage Food Operation." All numbered paragraphs within Section
17.01.900(A) are renumbered accordingly to allow all definitions to remain properly numbered in sequential and alphabetical order.
"17.01.900 - Definitions.
• • •
55. "Cottage Food Operation" means an enterprise that is operated by a cottage food operator and may have a maximum of 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 or indirect sale to consumers, as defined in California Health and Safety Code § 113758, and is subject to all applicable regulations, standards, definitions, and requirements of the California Health and Safety Code. No more than one employee may work at the cottage food operation at any one time." SECTION 3. Amendment to Municipal Code. Section 17.11.200, Home Occupations, subsection (B), of Title 17 (Zoning) of the Calexico Code of Ordinances is hereby added as follows:
"17.11.200 - Home Occupations.
•••
B. Cottage Food Operations. Cottage food operations are a type of permitted home occupation, subject to the provisions of Chapter 17.21." SECTION 4. Amendment to Municipal Code. Chapter 17.21, Cottage Food Operation Permits, is hereby added to Title 17 (Zoning) of the Calexico Code of Ordinances to read in its entirety as follows:
"Chapter 17.21 COTTAGE FOOD OPERATION PERMITS
17.21.110 - Purpose.
The City Council adopts this chapter pursuant to California Government Code Section 51035. Its purpose is to prescribe reasonable land-use standards, restrictions, and requirements concerning space and concentration, traffic control, parking, and noise control relating to cottage food operations. Its purpose is also to establish an economical process consistent with state law for obtaining a use permit to operate a cottage food operation in conformance with such standards, restrictions, and requirements. Its purpose is not to license, certify, or otherwise regulate the quality and safety of food products provided by cottage food operations and those who operate them, which is governed exclusively at the county level by the department of environmental health.
17.21.120 - Application Process.
A. A cottage food operation, as defined in California Health and Safety Code Section 113758, must obtain a use permit prior to operation within the City.
B. Applications for use permits to operate a cottage food operation shall be made to the City's community development director or his or her designee, who shall specify the form of said applications consistent with this section. At a minimum, application forms shall indicate all of the following:
1. Type(s) of food to be produced at the cottage food operation;
2. Number of employees;
3. Completed and approved County registration/permitting form;
4. Completed County self-certification checklist (for Class "A" only);
5. County registration or permit number;
6. Proof that the applicant is in lawful possession and control of the real property to be used as a cottage food operation; and
7. Proof that the applicant has a valid business license.
C. In addition to submission of a completed application form and application fee as provided by this chapter, the applicant shall submit the following documentation:
1. One copy of the assessor's parcel map;
2. One copy of a site plan (eight and one-half by eleven inches) showing:
location and dimension of existing residence and other structures; distance to property line; parking areas and number of spaces both on-site and off- site; access to and exits from the home; floor(s) on which food products will be prepared; traffic circulation; location of fire extinguishers and smoke
3. An accurate traffic circulation plan showing parking, delivery, and pick-up areas.
17.21.130 - Application fee.
There is established an application fee for the review and processing of applications for use permits pursuant to this chapter in an amount to be set by resolution of the City Council.
Said fee shall not exceed the City's cost of administering the review and permit process.
17.21.140 - Notice to Property Owners.
Not less than ten days prior to the date on which the decision will be made on the application, the community development director or his or her designee shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a three-hundred-foot radius of the exterior boundaries of the proposed cottage food operation. A copy of the notice shall also be sent to the applicant. The notice shall inform its recipient that no hearing shall be held before a decision on the application unless requested by the recipient.
17.21.150 - Decision by the Community Development Director.
After proper notice has been given to affected property owners pursuant to Section
17.21.140, the community development director or his or her designee shall render a decision on the application. Unless requested by the applicant or other affected person, no hearing shall be held on the application before a decision is made. The application shall be approved if all of the following standards and requirements are met:
A. Space and Concentration. Properties proposed for use as cottage food operations shall be located no closer than six hundred feet in all directions from another cottage food operation, subject to an application for an exception to said six-hundred-foot distance which may, after a public hearing and notice to the adjacent property owners in accordance with Section 17.21.140 of this chapter, cause a reduction of B. Traffic Control. The traffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial streets (as shown on the general plan circulation map) must provide a delivery and pick-up area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a delivery and pick-up schedule to reduce congestion in neighborhoods already identified as having traffic congestion problems.
C. Parking. One off-street parking space shall be provided for a cottage food employee, as defined in California Health and Safety Code Section 113758, if the cottage food operator chooses to have a cottage food employee.
D. Noise Control. Operation of the facility shall comply with all provisions of Chapter
8.46 of this code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist.
E. Signage. No signs or other exterior markings identifying a cottage food operation shall be allowed on the applicant's home unless approved pursuant to the procedures set forth in Section 17.11.200(A)(8) of this code.
F. Residency. The applicant must be a primary resident of the home that is proposed as a cottage food operation.
G. Contact Person. The current name and telephone number of the applicant of the cottage food operation shall be on file with the community development department at all times.
H. County registration/permit. All appropriate registration/permits from the Imperial County Public Health Department shall be obtained prior to commencing operation of any cottage food operation in the City.
I. Building and Fire Code Compliance. Consistent with Section 51035 of the Government Code, the proposed cottage food operation must comply with all building and fire code provisions applicable to single-family residences. No application shall be approved unless and until the City's building inspector and fire marshal, or their designees, have first inspected the premises and determined that the home does comply with the foregoing building and fire code provisions.
However, a copy of the approved county registration/permitting form and/or the county self-certification checklist may be found by the city staff to be sufficient.
J. Single-Family Zoning. No use permit shall be issued unless the dwelling unit proposed to be used as a cottage food operation is located on a lot zoned or used for single-family dwellings under this Title.
K. Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used as a cottage food operation.
L. Home Occupation. No use permit shall be issued unless the applicant complies with Municipal Code section 17.11.200(A), paragraphs (1), (2), (3), (4), (6), (7), (8), (9), (10), (11), and (12).
17.21.160 - Appeal of Decision.
The applicant or other affected person may appeal the decision to grant or deny an application for a use permit pursuant to this chapter to the planning commission. The planning commission's decision shall be final unless the matter is called up for review by the City Council. The appellant shall pay the City's costs, if any, of processing and conducting the appeal. The amount of such costs shall be estimated in advance by the community development director or his or her designee and the appellant shall deposit said amount with the City before the City will process the request for an appeal. If at the end of the appeal, the City's actual costs were less than the estimate, then the City shall refund the unused portion of the deposit to the appellant. In the event that the City's costs exceeded the amount of the deposit, then the appellant shall pay the amount of the difference to the City.
17.21.170 - Expiration of Permit.
If a cottage food operation possessing a use permit ceases to operate for a period greater than three hundred and sixty consecutive days or its county registration or permit expires, whichever occurs first, then its use permit shall be considered null and void. Permits are nontransferable.
17.21.180 - Review of Permit.
A. Upon determination by the department of community development that the holder of a cottage food operation use permit has not complied with all of the standards and requirements of this chapter, expressly including but not limited to Section
17.21.150, the community development director may require the use permit to be reviewed by the planning commission at public hearing. A noticed public hearing to review the use permit is mandatory when the City receives six substantiated complaints alleging violations of this chapter.
B. If the planning commission determines that the permit holder has failed in a material way to comply with all of the standards and requirements of this chapter, then the planning commission may suspend or revoke the permit or may, in its discretion, impose additional reasonable standards and requirements consistent with state law, based on findings derived from testimony and evidence presented at the public hearing.
17.21.190 - Pre-Existing Cottage Food Operations.
Any cottage food operation operating in the City on the effective date of the ordinance codified in this chapter shall apply to the City for a use permit pursuant to this chapter within thirty days after the effective date of the ordinance codified in this chapter, by filing with the City a copy of their existing registration or permit provided by the County of Imperial. Such permits shall be issued by the City without further notice or hearing. Such homes may continue to operate during the City's processing and receipt of these applications. Any such home not applying to the City within thirty days after the effective date of the ordinance codified in this chapter shall be considered a nuisance subject to abatement.
17.21.200 - Violation-Public Nuisance and Misdemeanor.
Operation of a cottage food operation pursuant to this chapter is a privilege, not a right.
Any cottage food operation operating in the City without a valid use permit as required by this chapter is prohibited and such operation constitutes both a misdemeanor and a public nuisance. The nuisance may be enjoined or otherwise abated by the City in the manner prescribed by Title 8 of this code and any other applicable provision of state or local law." SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
SECTION 7. Certification and Publication. The City Clerk of the City of Calexico shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.
SECTION 8. CEQA. The City Council finds that adoption of this Ordinance is not a "project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Calexico, California on the _ day of _ 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Raul Ureña, Mayor
ATTEST:
Veronica L. Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) S.S.
CITY OF CALEXICO )
I, Veronica L. Alvarado, City Clerk, hereby certify that the foregoing is a true copy of Ordinance , introduced at a regular meeting held on the _day of - 2023, and duly adopted by the City Council of the City of Calexico, California at a regular meeting thereof held AYES:
NOES:
ABSTAIN:
ABSENT:
Veronica L. Alvarado, City Clerk