HomeMy WebLinkAboutOrd 1897ORDINANCE NO. 897
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER
25.68 OF THE BURLINGAME MUNICIPAL CODE TO EXPAND THE
DEFINITION OF "HOME OCCUPATION" TO INCLUDE COTTAGE FOOD
OPERATIONS.
WHEREAS The California Legislature enacted Assembly Bill 1616 which revised portions of the
California Health and Safety Code
to regulate cottage food operations;
and
WHEREAS the revised California
Business and Professions Code now
mandates
that local government
streamline the permitting of cottage food operations;'and
WHEREAS current Chapter 25.68 does not provide a procedure for permitting and regulating cottage' ; � _
food operations; and
WHEREAS current regulations should be updated to reflect governing state law and account for local
conditions;
NOW, THEREFORE, the CiTy Council does hereby ordain as follows:
DNISION 1:
Section 1: Burlingame Municipal Code Chapter 25.68 is hereby amended as follows:
1. Current
Chapter 25.68, Home Occupations is hereby amended as follows:
25.68.010 Home occupation requirements.
"Home occupation" means an
y use customarily carried on within a dwelling which use is incidental to
the residential use of the dwelling, and one of the followine applies --'-��'- ���«� ,,, , a.n,.--,:..,.
requiferaents:
{aL—{aj—All of the follow ne requirements are met:
(1) Except for such outdoor uses as teaching swimming or tennis, the use is confined within the
primary dwelling unit, does not occupy required parking, open space or, yard and, unless a
conditional use permit has been obtained, does not occupy any accessory structures, including
attached or detached garage;
(42)
Any merchandise is
either produced on the premises or directly related to and incidental
to the
service
offered and is not sold
directly from the
premises on a regular basis, either at wholesale or
retail;
(3s) Equ pment or materials are displayed, stored or maintained indoors;
`d) The appearance of the building is unaltered and the occupation conducted in a manner which
does not cause the premises to differ from its residential character in colors, materials, construction or
lighting, or by the emission of sounds, noises, smoke, odors, vibrations, liquid or solid waste, television or
radio interference, or create other nuisance;
(5e) A maximum of two (2) persons are on the premises in the conduct of the home occupation, one
of whom must be a resident;
(6f) Traffic and parking meet standards normally associated with the subject dwelling, as defined by
the city code allowing for any existing nonconformity;
(7g) Signs are limited to those specified for the district in which the dwelling is located; -
(8(h) Only mechanical or electrical equipment incidental to a. dwelling is maintained or installed; (9i)
V -Vehicles used for home occupation purposes are three-quarter ton carrying capacity or less.
( ] Q@ No instruction shall occur which involves more than three (3) people, including the resident, at
one time.
bl The use qualifies as a "cottage food operation' by meeting all of the foll
owing requirements
(1) The use is consistent the definitions set forth in Section 113758 of the Cali
fornia Health and
Safety Code as it maybe amended from time m time;.
(2) The owner of the cottage food operation has registered with the County of San Mateo
Environmental Health Services Division:
(3) The owner of the cottage food operation has obtained a permit from the director of community
development by meeting all requirements set forth in Section 25.68.015(b);
(4) The owner of the cottage food operation complies with Section 25.68.015(c) of this chapter;
(5) The use complies with all other sections of this code, except where otherwise indicated.
(Ord. 1301 § 1 (part
), (1985); Ord. 1521 § 28, (1995); Ord. 1603 § 43, (1998))
25.65.015 Cottage food operations.
(al his the City Council's intent that al] sections in this chapter applving to cottage food operat ons
incorporate all applicable definitions set forth in California Health and Safety Code $113758.
(b) A permit shall be issued to cottage food operations if the cottage food operator submits an
application containing all of the following:
(1) A completed home occupancv/cottage food operations form;
(2) A copy of the operation's registration from the County of San Mateo Environmental Health
Services Division
(3) A copy of the cott
age food operator's business license; and
(4) A valid form of government identification.
(c) A cottage food operation shall:
(1) Maintain a valid and current registration from the Countv of San Mateo for as long as operations
continue
(2) Produce and sell only foods on the approved food products list as promulgated by the State Public
Health Officer pursuant to California Health and Safety Code § 114365.5.
(3) Submit to inspections by local enforcement a ency representatives after receipt of a consumer
complaint givmpg rise to a suspicion that unsafe food has been produced by the cottage food operation, or
that the cottage food operation has violated tfi s chapter.
f4) Operate in compliance w th all applicable federal, state, and local laws, including but not limited to
California Health and Safety Code §§113758, 113789, 114021, 114023, 114088, 114365, 114390,
114405, and 114409.
25.68.020 Excluded occupations.
Except as provided in Section 25.68.025 below, the following occupations and those considered to be
of similar character by the director of community development shall be specifically prohibited as home-
occupations: contractor's office where employees report or assemble as a part of the j ob for other than':
administrative or bookkeeping purposes; barbershop; beauty salon; massage studio; automobilerepairing
or painting; landscape contractor; clinic; hospital; kennel or other boarding of pets; legal, medical, or. '
dental offices. (Ord. 1301 § 1 (part), (1985); Ord. 1369 § 1, (1988); Ord. 1586 § 47, (1998); Ord. 1806 §
31, (2007))
25.68.025 Limited occupations:
The follow ng occupations and those considered to be of similar character by the director of
community development may be carried on as home occupation subject to the requirements of Section
25.68,010 and the additional limitations set forth hereinafter: accountants, attorneys, investment advisor's
or brokers, psychic services, insurance and real estate agents. The additional limitations are:
(a) The applicant shall be the sole person engaged in the business;
(b) There shall be no other employees on-site or off-site; and
(c) No clients shall come to the site. (Ord. 1369 § 2, (1988); Ord. 1586 § 48, (1998); Ord. 1588 § 5,
(1998); Ord. 1806 § 32,(2007))
25.68.030 Home occupation permits.
No person shall commence or carry on any home occupation, as set forth above, within the city
without first having procured a permit from the director of community development. The director of
community development shall issue a permit when the applicant shows that the home occupation meets
all requirements of Section 25.68.010. Every home occupation shall fully comply with all city, county and
state codes, ordinances, rules and regulations. (Ord. 1301 § 1 (part), (1985); Ord. 1806 § 33, (2007))
25.68.040 permit applications—Form and content.
Applications for home occupation permits shall be filed, in writing, with the director of community
development by the person who intends commencing or carrying on a home occupation. The application
shall be upon forms furnished by and in the same manner prescribed by the director of community
development. Where the applicant is not the owner of the lot on which the home occupation is proposed
to be conducted, the application shall be accompanied by the written consent of the owner or his or her
agent. (Ord. 1301 § 1 (part), (1985); Ord. 1806 § 34, (2007))
25. 68.050 Permit not transferable.
No home occupation permit shall be transferred or assigned, nor shall the permit authorize any person,
other than the person named therein, to commence or carry on the home occupation for which the permit
was issued. (Ord. 1301 § 1 (part), (1985))
25.68.060 Notices and appeals.
Within ten (10) working days after the filing of an application for a home occupation permit, the
director of community development shall either issue or deny the permit and shall serve notice of such
action upon the, applicant by mailing a copy of such notice to the applicant, at the address appearing on.the -.
application. Appeals from the decision of the director of community development may be made to the
planning commission within seven (7) days. after the action of the director of community development.
Upon receipt of an appeal, the director of community development shall forward the same, together with
the records on the matter, to the planning commission. The commission shall set the matter for hearing
before the planning commission at the earliest available date. (Ord. 1301 § I (part), (1985); Ord_1806 §. .
35, (2007))
25.68.070 Suspension, revocation and appeals. -
(a) Any home occupation permit issued pursuant to the provisions of this chapter may be suspended
or revoked by the director of community development when it appears that the home occupation
authorized by the permit has been or is being conducted:
(1) In violation of any conditions of approval or of any city, county and/or state code, ordinance, rule
or regulation, including the provisions of this section;
(2) In a disorderly manner;
(3) To the detriment of the general public;
(4) When home occupation being carried on is different from that for which the permit was issued;
or
(5) The home occupation has not been carried on for more than ninety (90) days.
(b) Any home occupation permit which has been issued shall be revoked or suspended by written
notice from the director of community development to the holder of the permit. The notice shall contain a
brief statement of the grounds for revoking or suspending the permit; such notice shall be sent to the
person to be notified at the address appearing on the permit. Appeals to the planning commission shall be
processed as set forth in Section 25.16.060. (Ord. 1301 § 1 (part), (1985); Ord. 1806 § 36, (2007))
25.68.080 Business license required.
Every home occupation permittee shall obtain a business license. (Ord. 1301 § 1 (part), (1985))
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISIONS:
This Ordinance shall be published in a newspaper of general circulation in accordance'
with California Government Code Section 36933, published, and circulated in the City of
Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
I, MARY ELLEN KEARNEI''; City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the
day of f h 14 4C ( 2014 and adopted thereafter at a regular meeting of the City Council
held on the I & day of 1° � t i 2014, by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, DEAL, KEIGHRAN, NAGEL, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
T&4AI 71 fe
MARY ELLEN KEARNEY, City Clerk