8B
Date: September 23, 2025
To: Honorable Mayor and Members of the City Council
From: Rebecca Poirier, City Clerk
By: Robert Williams, Deputy City Clerk I | [email protected] Subject: SECOND AND FINAL READING OF ORDINANCE NO. 3952 and Determination that the Ordinance is Exempt from the California Environmental Quality Act (CEQA). Expenditure: None.
RECOMMENDATION
Second and Final Reading of ORDINANCE NO. 3952 amending Section 415.1.040(b) “Operating Standards” and repealing Section 415.1.050 “Pilot Program” of Division 4 “Public Health and Welfare”, Chapter 15 “Cottage Food” of the Torrance Municipal Code and approval of the Ordinance Summary for publication. Additionally, the City Council finds and determines that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15378 and 15061(b)(3) of Title 14 of the California Code of Regulations as described in Section 6 of the Ordinance. This item is for consideration of adoption of the ordinance only. The item was previously discussed, and action was taken at a prior council meeting.
FUNDING
None required.
DISCUSSION
At the regular meeting of the City Council held on July 8, 2025, this Ordinance was discussed, introduced, and approved for its first reading by the following roll call vote:
AYES: COUNCILMEMBERS Gerson, Kaji, Lewis, Mattucci, and Mayor Chen.
NOES: COUNCILMEMBERS Kalani.
ABSTAIN: COUNCILMEMBERS None.
RECUSED: COUNCILMEMBERS None.
ABSENT: COUNCILMEMBERS Sheikh.
ATTACHMENTS
1. Ordinance No. 3952
2. Ordinance Summary
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ORDINANCE NO. 3952
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING SECTION
415.1.040(B) “OPERATING STANDARDS” AND
REPEALING SECTION 415.1.050 “PILOT PROGRAM” OF
DIVISION 4 “PUBLIC HEALTH AND WELFARE”,
CHAPTER 15 “COTTAGE FOOD” OF THE TORRANCE
MUNICIPAL CODE
RECITALS
WHEREAS, the City of Torrance is a charter city under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents.
WHEREAS, on September 21, 2012, Assembly Bill (AB) 1616, the California Homemade Food Act, commonly referred to as the Cottage Food Bill, was passed into law and became effective on January 1, 2013.
WHEREAS, AB 1616 permits individuals to manufacture, package, and sell certain non - potentially hazardous foods in private-home kitchens and requires cities to enact and/or enforce applicable regulations.
WHEREAS, enforcement of existing municipal code ordinances that are inconsistent with the California Homemade Food Act (AB 1616) is prohibited.
WHEREAS, on October 22, 2019, the City Council of the City of Torrance adopt a Cottage Food Ordinance to protect the health, safety, and welfare of its residents, businesses, and visitors.
WHEREAS, the City Council of the City of Torrance has determined it necessary to amend its Cottage Food Ordinance to clarify operating standards within Torrance.
WHEREAS, the adoption of the Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environm ent or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Ordinance is also exempt from CEQA Guidelines under Section 15061(b)(3) because it can be seen wi th certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of Torrance does hereby ordain as follows:
SECTION 1
The City Council of the City of Torrance hereby finds and determines that all the above Recitals are true and correct and incorporates such Recitals into this Ordinance.
SECTION 2
Section 415.1.040(b), entitled "Operating Standards”, of Chapter 15 of Division 4 of the Torrance Municipal Code is amended in its entirety to read as follows:
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2 “b) Operating Standards.
1) Cottage food home operations existing prior to the ordinance codified in this chapter must obtain zoning clearance approval and a business license within thirty (30) days of the effective date of the ordinance.
2) Cottage food home occupation businesses shall not operate before securing all required permits and approvals from the State of California, County of Los Angeles Department of Public Health, and City of Torrance.
3) The cottage food home occupation use shall utilize only the kitchen and one (1) additional room inside the primary residence (including storage areas), which have been permitted and inspected by the County of Los Angeles Department of Public Health. 4) A cottage food home occupation business is permitted to produce foods that are defined as "non -potentially hazardous" by the State of California Department of Public health. A current list of approved cottage food products is maintained on the California Department of Public Health’s website and may be updated from time to time. 5) The cottage food operator must be a primary resident of the home where the cottage food home occupation business operates. A maximum of one (1) full -time employee, exclusive of family/household members, may be employed by the cottage food home occupation business at the primary residence. Neither a property owner nor a tenant, in the case of a rental unit, may sublet or grant the use of any part of their property to anyone not living at the resident (whether for profit or nonprofit) for the purpose of a cottage food operation.
6) A cottage food home occupation business, as defined by Health and Safety Code Section 113758, is permitted to conduct operations including but not limited to direct sales, fundraising, food distribution, or any other related food operation from the home only between the hours of 9:00 a.m. and 5:00 p.m. daily, except for the period December 1 st through December 31st when the hours would be extended to 8:00 p.m. daily. 7) Cottage food operations including but not limited to direct sales, fundraising, food distribution, or any other related food operation are allowed from the primary residence only and shall not be conducted from an attached /detached garage, accessory residential structure, or any place outside of the primary residential dwelling. 8) On -site dining and customer loitering are prohibited. No more than one (1) customer may be allowed at the site at any given time.
9) At least one (1) off -street parking space, as dimensioned in Chapter 3 of Division 9, is required to accommodate customers and deliveries. This required parking space shall not impede vehicular traffic or circulation and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a designated guest parking space within a multifamily development may satisfy this requirement.
10) Operation of the cottage food home occupation business shall not occupy any required parking for the residential dwelling, i.e., required garage parking. 11) Delivery and loading vehicles shall not illegally park or sit idling and shall not impede vehicular traffic or circulation at any time.
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12) The cottage food home occupation business shall not generate obnoxious odors, fumes or emissions that are perceptible without instruments by a reasonable person at or beyond the property line of the site.
13) The cottage food home occupation business shall comply with the noise standards for residential zones as identified in Article 7 of Chapter 6 of this Division and any other noise standards found in Chapter 6 of this Division.”
14) The cottage food home occupation business must comply with all requirements listed in the California Health and Safety Code, including but not limited to the following requirements. • Preparing and packing foods from the Approved Foods List. • Completing a Cottage Food Operator Training within three months of registration/permitting.
• Implementing sanitary operations.
• Labels comply with local, state and federal requirements. • Operating within the established gross annual sales limits. • Registering or obtaining a permit from your local Public Health Department.
15) The cottage food home occupation business must comply with all requirements of the County of Los Angeles Public Health Department.
16). The cottage food home occupation business must comply with all requirements of the Torrance Municipal Code.”
SECTION 3
Section 415.1.050, entitled "Pilot Program”, of Chapter 15 of Division 4 of the Torrance Municipal Code is repleaded in its entirety.
SECTION 4
Any provisions of the Municipal Code or its appendices, or any other ordinances of the City of Torrance inconsistent with this ordinance to the extent of the inconsistencies and no further, are repealed.
SECTION 5
If any Section, Subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the r emaining portions of this ordinance.
The City Council of the City of Torrance hereby declares that it would have adopted this ordinance and each Section, Subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more Sections, Subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 6
This ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). This ordin ance is exempt pursuant to CEQA Guidelines 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environme nt and does not meet the definition of a "Project" under CEQA. The proposed Ordinance is also exempt from CEQA Guidelines under Section 15061(b)(3) because it can be seen with certainty that there is no 4 4
possibility that the Ordinance may have a significant effect on the environment. The ordinance consists only of bolstering public nuisance regulations. Adoption of this ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings.
SECTION 7
This ordinance will take effect thirty days after the date of its adoption. Within fifteen days following adoption, this ordinance or a summary of this ordinance, if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this 8th day of July 2025.
ADOPTED and PASSED this 23rd day of September 2025.
Mayor George K. Chen
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney
Tatia Y . Strader, Assistant City Attorney
ATTEST:
Rebecca Poirier, MMC, City Clerk
5 ORDINANCE NO. 3952 SUMMARY
On July 8, 2025, the City Council of the City of Torrance introduced by title only, at first reading, Ordinance No. 3952 “An Ordinance of the City Council of the City of Torrance, California, Amending Section 415.1.040(B) “Operating Standards” and Repealing Section 415.1.050 “Pilot Program” of Division 4 “Public Health And Welfare”, Chapter 15 “Cottage Food” of the Torrance Municipal Code ” On September 9 , 2025 , the City Council of the City of Torrance adopted Ordinance No. 3952. Ordinance No. 3952 will take effect 30 days after the adoption date of September 9, 2025. The following is a summary of Ordinance No. 3952.
Addition to the Torrance Municipal Code:
Ordinance No. 3952 would amend Division 4 “Public Health and Welfare”, Chapter 15 “Cottage Food” to allow a cottage food home occupation business to extend their hours of direct sales (as defined by Health and Safety Code Section 113758) to 8:00 pm within the month of December (December 1st to December 31st) only.
Also, Ordinance No. 3952 would prohibit the primary resident from subletting or granting the use of any part of their property to anyone not living at the resident (whether for profit or nonprofit) for the purpose of a cottage food operation, at any time.
Additionally, Ordinance No. 3952 expands the definition of cottage food operation to include but not limited to direct sales, fundraising, food distribution, or any other related food operation.
Further, Ordinance No. 3952 clarifies that all cottage food home occupation business must comply with all local, state and federal requirements.
Lastly, Ordinance No. 3952 would repeal Section 415.1.050 “Pilot Program”, as it is no longer applicable. This section expired in January 2021 and related to a holiday season Cottage Food Pilot Program designated for residents of the Seaside Ranchos area located within the boundaries of Sepulveda Boulevard, Anza Ave nue, Calle Mayor, Pacific Coast H ighway, and the west boundary of South Redondo Beach and Palos Verdes Boulevard. 6 ATTACHMENT 2