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<br />Attachment A: Excerpt of the Draft Minutes from the April 18, 2013 Planning <br />Commission Meeting <br /> <br />Item 7A: Public Hearings <br />Matter of Proposed Amendments to the City of San Leandro Zoning Code related to Cottage <br />Food Operations (CFO) in Article 3, Section 1-304 ; Article 5, Section 2-574; Article 16, <br />Section 4-1688; Article 17, Section 4-1704; to Create a definition of Cottage Food <br />Operations; Create regulations for Cottage Food Operations to allow for such use in all zoning <br />districts within a residential unit; Add Cottage Food Operation parameters to the Administrative <br />Exception process; and Create a parking standard whereby one off-street employee parking space <br />is required for a Cottage Food Operation (Barros) <br />Planner Barros explained that the proposed amendments had been reviewed by the Board of <br />Zoning Adjustments at its April 4, 2013 meeting. AB 1616, introduced by Assemblyman Mike <br />Gatto (D-Los Angeles) last fall, was signed into law in the Fall 2012, and went into effect on <br />January 1, 2013, but cities weren’t aware of it until December 2012. Only one person so far has <br />sought permission to establish a Cottage Food Operation. <br />Planner Barros explained that the bill was intended to come to terms with trends that favor locally <br />grown foods and healthier food preparation with fewer additives, and it allows preparation of <br />certain foods, prohibiting others (such as meat- and cream-based fillings). She referred to lists of <br />currently allowed foods in the Commissioners’ agenda packets. <br />She said that San Leandro has basically taken material from the state law and Health and Safety <br />Code (HSC) to spell out the City’s definition of CFOs to ensure alignment with state law, but <br />incorporates the list of foods by reference to the state code. <br />In contrast to San Leandro’s home occupation permits, which do not allow client visits, she said <br />that state law grants CFOs the right to have customers come to their homes to buy their products. <br />They also have the right to employ one non-family member (in addition to family members who <br />may work for the CFO). <br />Under the new law, local jurisdictions have regulatory authority over very few areas – spacing <br />and concentration, parking, traffic and noise. San Leandro’s regulations governing Large Family <br />Day Care generally address those areas, and because those regulations have been vetted by the <br />community, she said they’ve been used to guide development of parameters to apply to CFOs. <br />The proposed amendments include: <br />Spacing: No CFO could be located within 300 feet of any other CFO (as measured from the <br />exterior lot lines). Planner Barros said the BZA favored using the Administrative Exceptions <br />process in some cases, thereby giving neighbors an opportunity to weigh in if applicants request <br />exceptions. <br />On-Street Parking: No CFO could be located on a lot with less than 32 feet of legally permitted <br />parking along the front of the home. Planner Barros said this regulation stemmed from the BZA, <br />which discussed parking requirements at length. Some BZA members were quite concerned about <br />changing the character of residential districts. She explained that the BZA also agreed to provide <br />for an Administrative Exception to waive this requirement in locations where lots may be too <br />narrow.