8B
Date: October 20, 2026
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. 3970
RECOMMENDATION
Second and Final Reading of ORDINANCE NO. 3970 amending Section 415.1.040(b) “Operating Standards” and adding Section 415.1.050 “Violations - Penalties” of Division 4 “Public Health and Welfare”, Chapter 15 “Cottage Food” of the Torrance Municipal Code and approval of the Ordinance Summary for publication. 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 October 6, 2026, this Ordinance was discussed, introduced, and approved for its first reading by the following roll call vote:
AYES: COUNCILMEMBERS Barnett, Gerson, Kartsonis, Lewis, Lieu, and Sheikh.
NOES: COUNCILMEMBERS Mayor Kalani.
ABSTAIN: COUNCILMEMBERS None.
RECUSED: COUNCILMEMBERS None.
ABSENT: COUNCILMEMBERS None.
ATTACHMENTS
1. Ordinance No. 3970
2. Ordinance Summary
1 1
ORDINANCE NO. 3970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING SECTION 415.1.040(B)
“OPERATING STANDARDS” AND ADDING SECTION 415.1.050
“VIOLATIONS - PENALTIES” 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 nonpotentially 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, on September 23, 2025, the City Council of the City of Torrance amended Section 415.1.040(B) “Operating Standards” and repealed Section 415.1.050 “Pilot Program” of Division 4 “Public Health And Welfare”, Chapter 15 “Cottage Food” of the Torrance Municipal Code.
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, based on the limited scope of the amendment and the operational standards and restrictions imposed upon participating cottage food home occupations, adoption and implementation of the Ordinance would not result in a direct or reasonably foreseeable indirect physical change in the environment. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Therefore, the Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 and, in the alternative, is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
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. 2 ATTACHMENT 1
2 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:
“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, collection of donations, 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. An exception applies during the period from December 1 through December 31, during which the hours of operation may be extended to 8:00 p.m. daily.
7) Cottage food operations including but not limited to direct sales, fundraising, collection of donations, 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. An exception applies during the period from December 1 through December 31, when direct sales, fundraising, collection of donations, food distribution, and other related cottage food activities may be conducted outside the primary residence, provided that all activities take place within the property lines of the parcel where the primary residence is located. 3 3
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. An exception applies during the period from December 1 through December 31, when more than one (1) customer may be permitted on the site at any given time, provided that there is no on-site dining or customer loitering, customers do not block any public right-of-way, including, but not limited to, streets, sidewalks, parkways, alleys; and customers do not impede access to or otherwise interfere with adjacent properties.
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. An exception applies during the period of December 1 through December 31, between the hours of 5:01 p.m. and 8:00 p.m., during which no off-street parking space is required as part of the cottage food operation. 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.
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.”
17) The cottage food home occupation business shall provide a designated trash receptacle for customers on the approved premises and shall ensure the proper disposal of all customergenerated trash. At the conclusion of each day’s cottage food operations, the business shall collect, remove, and properly dispose of all trash and refuse generated by the cottage food operation or its customers that is located on the premises or within fifteen (15) feet of the parcel boundaries.”
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SECTION 3
Section 415.1.050, entitled "Violations - Penalties”, is added to Chapter 15 of Division 4 of the Torrance Municipal Code to read in its entirety as follows:
“Section 415.1.050 VIOLATIONS – PENALTIES.
Any person violating any of the provisions of this Chapter may be issued an administrative citation by an Enforcement Officer as prescribed in Section 12.8.050 of the Torrance Municipal Code. Any Cottage Food Operator who receives three (3) citations within any calendar year shall have their business license revoked and shall be ineligible to obtain a business license for the following calendar year.”
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 remaining 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”). The Ordinance does not constitute a “project” subject to CEQA pursuant to CEQA Guidelines Section 15378 because it consists of general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
In addition, the Ordinance is exempt from CEQA pursuant to the common-sense exemption set forth in CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance would allow cottage food products associated with an approved cottage food home occupation to be sold from a residential property’s front yard during the month of December only.
The amendment would not establish or authorize a new land use or a change in the underlying residential use of the property. While the amendment could result in additional residents obtaining cottage food permits or participating in front-yard sales, any such activity would be limited to the month of December and would remain subject to the operational standards and restrictions established by the Ordinance and applicable regulations. The amendment would not authorize on-site dining or customer loitering and would limit customer activity in a manner that prevents obstruction of public rights-of-way and interference with access to adjacent properties. 5 5
The Ordinance would permit more than one (1) customer to be present on the premises at any given time, provided that there is no on-site dining or customer loitering. Customers would be prohibited from blocking or impeding any public right-of-way, including, but not limited to, streets, sidewalks, parkways, and alleys, and from impeding access to or otherwise interfering with adjacent properties.
The amendment would not establish a new commercial district, event venue, or destination use, and would not authorize a change in the underlying residential character or use of the property.
The sale of cottage food products would remain an accessory activity to an approved cottage food home occupation and would be subject to the limitations and standards established by the Ordinance.
While the amendment could result in some additional customer activity at participating residences, any incremental vehicle or pedestrian trips associated with the sale of cottage food products would be limited to the month of December and would be incidental to the permitted residential home occupation. The amendment would not be expected to result in a significant increase in traffic or parking demand. In addition, the requirements prohibiting customers from blocking or impeding public rights-of-way or interfering with access to adjacent properties would further limit potential traffic and circulation impacts.
The Ordinance would not authorize or require construction, grading, expansion of structures, additional permanent lighting, or other physical improvements. Each cottage food home occupation business operating under these provisions would also be required to provide a designated trash receptacle for customers on the approved premises and ensure the proper disposal of all customer-generated trash.
Although the amendment may result in additional residents obtaining cottage food permits, any resulting increase in participation would be limited in duration and scope and would remain subject to the same operational standards and restrictions. The amendment is not expected to result in significant additional traffic, parking, noise, lighting, waste, or other physical impacts because the permitted activity is limited to the sale of cottage food products, does not authorize on-site dining or customer loitering, does not involve physical development, and includes requirements governing customer access, public rights-of-way, adjacent properties, and waste disposal.
Accordingly, based on the limited scope of the amendment and the operational standards and restrictions imposed upon participating cottage food home occupations, adoption and implementation of the Ordinance would not result in a direct or reasonably foreseeable indirect physical change in the environment. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Therefore, the Ordinance is not subject to CEQA pursuant to CEQA Guidelines Section 15378 and, in the alternative, is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
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.
6 6
INTRODUCED and APPROVED this 6
th day of October 2026.
ADOPTED and PASSED this 20th day of October 2026.
Mayor Sharon Kalani
Patrick Q. Sullivan, City Attorney
ATTEST:
Rebecca Poirier, MMC, City Clerk
7 ORDINANCE NO. 3970 SUMMARY
On October 6, 2026, the City Council of the City of Torrance introduced by title only, at first reading, Ordinance No. 3970 “An Ordinance of the City Council of the City of Torrance, California, Amending Section 415.1.040(B) “Operating Standards” and Adding Section 415.1.050 “Violations – Penalties” of Division 4 “Public Health And Welfare”, Chapter 15 “Cottage Food” of the Torrance Municipal Code” On October 20, 2026, the City Council of the City of Torrance adopted Ordinance No. 3970. Ordinance No. 3970 will take effect 30 days after the adoption date of October 20, 2026. The following is a summary of Ordinance No. 3970.
Addition to the Torrance Municipal Code:
Ordinance No. 3970 would expand the definition of “cottage food operation” to include the collection of donations, in addition to the existing activities of direct sales, fundraising, food distribution, and other related food operations.
Additionally, Ordinance No. 3970 would allow direct sales, fundraising, the collection of donations, food distribution, and other related cottage food activities to be conducted outside the primary residence only during the period of December 1 through December 31, provided that all such activities take place within the property lines of the parcel on which the primary residence is located.
Further, Ordinance No. 3970 would allow more than one (1) customer to be on the site at any given time during the period of December 1 through December 31, provided that there is no onsite dining or customer loitering; customers do not block or obstruct any public right-of-way, including, but not limited to, streets, sidewalks, parkways, or alleys; and customers do not impede access to or otherwise interfere with adjacent properties.
In addition, Ordinance No. 3970 would not require any off-street parking be provided during the period of December 1 through December 31, between the hours of 5:01 p.m. and 8:00 p.m., as part of the cottage food operation.
Also, Ordinance No. 3970 would require the cottage food operator to provide a trash receptacle for customers on the approved premises and ensure the proper disposal of all customergenerated trash. The ordinance would also require the cottage food operator to collect, remove, and properly dispose of all trash and refuse generated by the cottage food operation or its customers that is located on the premises or within fifteen (15) feet of the parcel boundaries at the conclusion of each day’s operations.
Lastly, Ordinance No. 3970 would add a violations and penalties section to the Cottage Food Ordinance.
8 ATTACHMENT 2