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Attachment B: Excerpt of the Draft Minutes from the April 4, 2013 Board of Zoning <br />Adjustments Meeting, <br /> <br />Item 7A: Miscellaneous <br />Information on proposed Zoning Code amendments to allow for Cottage Food Operations (CFO) <br />in a Residential Dwelling in all Zoning Districts <br />Secretary Barros pointed out that the California Homemade Food Act, AB1616 took effect on <br />January 1, 2013; however, staff became aware of it as late as December 2012 through Alameda <br />County training. She explained that the law permits residents of private dwellings, which <br />includes apartments, to prepare and sell certain foods and requires all jurisdictions to allow <br />these Cottage Food Operations (CFOs), regulating them only in terms of: <br /> Spacing and concentration; <br /> Traffic control and parking; and <br /> Noise control. <br />Local jurisdictions may require CFOs to obtain business licenses and zoning approval. Permits <br />would be issued by Alameda County. The self-certifying County permitting process would <br />regulate the operation of the home kitchen, including the prohibition of food preparation with <br />children and pets in the kitchen. CFO permits also limit the types products allowed, no meats, <br />for example, and employee policy. The law allows one additional employee, and does not <br />consider family members employees. <br />Planner Barros explained that the proposed amendment to the Zoning Code included with her <br />staff report incorporates existing elements from various other sections of the Zoning Code, <br />including regulations relating to Home Occupation and Large Family Daycare. The spacing and <br />concentration provision would require at least 300 feet between CFOs, and one off-street <br />employee parking space would be required for each CFO. She said that CFOs would not be <br />allowed to use garages to meet this requirement, or to convert garages to kitchen use. <br />In response to member questions about signage, Planner Barros said that unless the CFO were <br />to engage in sales of products from the home, signs probably would not be an issue. In any <br />cases where signs are posted, she said, they would have to comply with provisions already in <br />the Zoning Code. <br />Member Daly asked whether the spacing requirement would expose the City to any legal <br />liability if one homeowner obtained a CFO permit that precluded someone else from doing the <br />same thing. Ms. Faught said no, because the City has the right to regulate CFOs on spacing <br />and concentration. <br />Member Daly stated that he actually would favor more space between CFOs rather than less – <br />perhaps 500 feet instead of 300 feet, because he doesn’t want to see neighborhoods <br />transforming into mixed-use commercial districts. <br />Chair Houston stated that she didn’t think the concentration requirement should be so <br />restrictive as to prevent several neighboring homes from producing jams, cakes or cookies, <br />particularly around the holidays. <br />Planner Barros clarified that holiday baking or jam making might not be affected by the CFO