TITLE
WITHDRAWN
Recommendation to declare ordinance amending the Long Beach Municipal Code Section 21.51.235 relating to the regulation of cottage food operations read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
DISCUSSION
Assembly Bill (AB) 1616 was recently adopted to regulate home food preparation businesses known as “Cottage Food” operations. AB 1616 requires the City to allow cottage food operation uses as a permitted use in residential zones. A cottage food operation is essentially a business enterprise at a private home where low risk food products are prepared or packed for sale to consumers. A private home is considered a dwelling, including an apartment or other leased space, where individuals reside. The state law was intended to promote small businesses, and healthier, local, homegrown foods.
The City does have the ability to impose reasonable standards, restrictions and requirements related to a cottage food operation. The intent of the attached ordinance is to bring the City’s Municipal Code into conformance with the new state law, while at the same time imposing the type of reasonable restrictions that the City typically applies to other home occupation businesses.
The proposed Ordinance would classify a “Cottage Food Operation” as a “Home Occupation” in the City’s Zoning Regulations. As a “Home Occupation,” restrictions would also be imposed based upon the number of people able to engage in this type of activity at a particular location (two), commercial signage (none permitted), noise, types of mechanical equipment that can be used in the operation, public safety (i.e., no toxic, explosive or combustible materials to be stored on site), no outside or garage storage of materials, limitations on the number of business visitors per hour and day, and reasonable parking restrictions. In addition, the residential appearance of the premises could not be altered and the property owner would not be allowed to create a separate entrance to the dwelling for the purpose of accommodating the cottage food operation use.
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING SUBSECTION 21.51.235.C.10; AND BY ADDING SUBSECTION 21.51.235.A.4, RELATING TO COTTAGE FOOD OPERATIONS
Respectfully Submitted,
CHARLES PARKIN
City Attorney
By
MICHAEL J. MAIS
Assistant City Attorney