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Home My WebLink AboutPC AG 2014-01-15 #2TO: FROM: MEETING DATE: SUBJECT: LOCATION: APPLICANT: RECOMMENDATION: PLANNING COMMISSION STAFF REPORT ENVIRONMENTAL ASSESSMENT: Planning Commission Director of Community Development January 15, 2014 CONSENT CALENDAR ITEM NUMBER A REQUEST FORA MINOR USE PERMIT (MUP 13- 12) TO PERMIT A HOME OCCUPATON FOR A HOME BAKERY BUSINESS IN THE RESIDENTIAL LOW DENSITY — 9 (RLD -9) ZONE. 4200 Banyan Avenue Kimberly and Alan Otani After consideration by the Planning Commission, staff recommends that the Planning Commission adopt Resolution No. 13 -17, approving Minor Use Permit 13 -12. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15301, Existing Facilities(Existing Facilities), because the application is for the minor alteration of an existing structure involving a negligible expansion of use. Minor Use Permit 13 -12 4200 Banyan Avenue January 15, 2014 ZONE: RLD — 9 (RESIDENTIAL LOW DENSITY — 9) GENERAL PLAN DESIGNATION: RESIDENTIAL LOW DENSITY SITE DESCRIPTION: Assessor's Parcel Number: 217 - 212 -02 Lot Area: 5,151 sq. ft. (.12 ac) Gross Floor Area: 2,542 sq. ft. Surrounding Properties: North: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. South: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. s � East: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. West: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. LEGAL NOTIFICATION: On January 2, 2014, the legal notice of this project was printed in the Sun Newspaper and mailed to 75 property owners and occupants within a 300' radius of the subject parcel, with affidavits of posting on file. CITY STREET MAP City of Seal each s � ter' L ' t � 1 1. JL LOCAT' ^"' nn n o. Minor Use Permit 13-12 4200 Banyan Avenue January 15, 2014 State Assembly Bill 1616 ("AB 1616"), which went into effect January 1, 2013, generally requires cities to permit cottage food operations in residential dwellings. "Cottage foods" are generally foods that are shelf stable and do not require refrigeration, such as muffins, cookies, nuts candies, roasted coffee, popcorn and certain cakes and pies. The new law establishes two categories of cottage food operations: Class A includes direct sales of cottage food product from the cottage food operation in direct sales venues. Under this license the sale of the product is between the cottage food operation operator and a consumer, where the consumer purchases the food directly from the food operator such as from temporary events like holiday bazaars, bake sales and farmers markets. • Class B includes both direct and indirect sales of cottage food products. For example, the cottage food operator may sell to markets or coffee shops who then resell to their consumers. Under AB 1616, any local discretionary permit for cottage food operations must be issued, if it complies with local requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes. The Seal Beach Municipal Code {SSMC §11.4.05.060) permits Home Occupations entailing food handling, processing, or packaging subject to the discretionary approval of a Minor Use Permit and compliance with basic operating standards. Home Occupations are not permitted to alter the residence in any manner that would be incompatible with residential use. Home Occupations are not permitted to install mechanical or electrical equipment that is not compatible with domestic residential use. Home Occupations are not permitted to generate additional pedestrian or vehicular traffic to the residence. Home Occupations are required to comply with all City Noise Ordinances and are prohibited from hiring employees from outside the home. In addition, all food operators are required to comply with specified requirements pursuant to the California Health and Safety Code and Orange County Health Agency licensing requirements, F-11 I, Applicants and property owners, Kim and Alan Otani, are requesting approval of a home bakery business at 4200 Banyan Avenue. The subject property is a single family residence located on the south side of Banyan Avenue between Camelia Street and Columbine Street in the RLD - 9 (Residential Low Density - 9) zone. The subject property is surrounded by residential uses to the north, south, east and west. The applicants applied for a Class B food cottage operator license at the Orange County Health Care Agency and, after passing a home inspection by the County Health Inspector, obtained a Health Permit to operate a cottage food operation. The applicants are now requesting approval of a Minor Use Permit to operate a home bakery from their residence. The applicant's request entails utilizing the existing kitchen in the residence to prepare baked goods such as cookies, cakes and cupcakes. Orders for the business will be taken over the phone, word of mouth and email. All orders will be delivered by the applicant in a personal vehicle. Customers will not visit the subject property at any time in the process, Minor Use Permit 13 -12 4200 Banyan Avenue January 15, 2014 which ensures additional traffic will not be generated. The applicant is not proposing any alterations to the existing residence or use of any specialized appliances or mechanical equipment. The applicant has confirmed that signage is not proposed and employees are not part of the home bakery business. The applicant's request is consistent with the operating standards set by the Seal Beach Municipal Code for Home Occupations. The attached Resolution includes operating standards that will preserve the residential character or the subject property and the surrounding area. In the case that the City receives complaints regarding this home business in the future, the Planning Commission reserves the right to re- evaluate the application and the home business' operating standards. CONCLUSION: After consideration by the Planning Commission, staff recommends that the Planning Commission adopt the attached Resolution recommending approval of MUP 13 -12, to establish a home occupation which entails food handling, preparation or packaging (home bakery business) in the RLD — 9 (Residential Low Density — 9) zone. Prepared by: stal La avaz 5' Basham Assistant Pla er— Community Development Di ctor of Community Development Attachments: 1. Resolution No. 13 -17 —A Resolution of the Planning Commission of the City of Seal Beach, approving Minor Use Permit 13 -12, to permit a Home Occupation for a Home Bakery Business in the Residential Low Density — 9 (RLD — 9) zone. 2. Applicant Business Description and Menu 3. OCHCA Health Permit Attachment 1: A A A I THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On November 27, 2013, Kim and Alan Otani, filed an application with the Community Development Department for Minor Use Permit 13-12, to permit a Home Occupation for a home bakery business at 4200 Banyan Avenue, located in Residential Low Density — 9 (RLD-9) zone. Section 2. Pursuant to Title 14 Calif. Code of Regs. § 15025(a) and § ILA of the City's Local CEQA Guidelines, this project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for operation or permitting involving negligible or no expansion of use beyond the existing use. Section 3. A duly noticed Planning Commission meeting was held on January 15, 2014 to consider Minor Use Permit 13-12, At the meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. Section 4. Based on the record of that meeting, the Planning Commission hereby finds the following fact to be true: (a) On November 27, 2013, the applicant submitted an application to the Community Development Department for Minor Use Permit 13-12. (b) The applicant is requesting to establish a Home Occupation for a home bakery business at 4200 Banyan Avenue in the Residential Low Density — 9 (RLD — 9) zone. (c) The subject parcel is rectangular in shape with a lot area of approximately 5,151 square-feet (.12 ac.). (d) The residence on the subject site is approximately 2,542 sq. ft. in size. (e) The surrounding land uses and zoning are as follows: NORTH: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. SOUTH: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. EAST: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. WEST: Residential properties in the RLD - 9 (Residential Low Density — 9) zone. (f) The Zoning Code allows the requested land use through the approval of a Minor Use Permit by the Planning Commission. (g) As of January 8, 2014, Planning staff has received no correspondence in response to the hearing notices that were mailed to residents within a 300' radius of the subject parcel for the proposed MUP 13-12. Section 5. Based upon the evidence in the record, including the facts stated in Section 4 of this resolution and pursuant to Section 11.5.20.020 of the City's Zoning Code, 'the Planning Commission hereby finds as follows: (a) Minor Use Permit 13-12, as conditioned, is consistent with the General Plan in that the primary use of the subject property will be a single family residence. The subject site is located in a Residential Low Density designated area. The proposed home bakery business will operate as an accessory to the single family residence. The subject site will not be altered as part of MUP 13-12 and the residence will continue to be subject to regulations set for the Residential Low Density — 9 (RLD-9) zone. (b) The proposed use is allowed within the Residential Low Density — 9 (RLD- 9) zone with Minor Use Permit approval and, as conditioned, complies with all other applicable provisions of the Municipal Code, The Seal Beach Municipal Code (SSMC §11.4.05.060) permits Home Occupations which entail food handling, processing, or packaging subject to approval of a Minor Use Permit and compliance with basic operating standards. The proposed home bakery business will operate as an accessory use to the single family residence. The conditions of approval included in this resolution will ensure the home bakery business is compliant with all operating standards set for Home Occupations and the residential neighborhood surrounding the subject site will not be disturbed. (c) The proposed subject site is physically adequate for the type, density and intensity of use proposed and complies with all other applicable provisions of the Municipal Code. The subject site consists of a single family residence with a two-car garage. The home bakery business will utilize the existing kitchen within the residence to produce baked goods such as cookies, cakes and cupcakes. The home business does not involve alterations to the existing residence or use of any specialized appliances or mechanical equipment that would be inconsistent with a single family residence. Customer orders will be placed over the phone or by email and delivered by the applicant resulting in no additional traffic to the subject site. (d) The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site consists of a single family residence with a two-car garage. The home bakery business is proposed as an accessory to the existing single family residential use. The subject site will continue to serve as the applicants' primary residence; the home bakery business will only operate within the existing kitchen when orders are placed by phone or email. All customers' orders will be delivered by the applicant in a personal vehicle. The home business will not involve alterations to the subject site or use of specialized equipment or appliances. The character of the single family residence will remain and will not result in adverse effects to properties in the surrounding neighborhood. (e) The establishment, maintenance, or operation of the home bakery business at the subject site will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the home bakery business. The proposed home bakery business will operate as an accessory use within the existing kitchen of the residence. The subject site will continue to serve as the primary residence for the applicants and will not be altered as part of the home bakery business. The business operations will not generate additional traffic to the subject site. The home bakery business will consist of preparing baked goods in a residential kitchen. All customer orders will be delivered by the applicant in a personal vehicle. The establishment, maintenance and operation of a home bakery business will not change the use of the single family residence and will not be detrimental to the health, safety, or welfare or persons within the vicinity. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 13 -12, subject to the following conditions: 1. Minor Use Permit 13 -12 is approved for the operation of a Home Occupation for a home bakery business. 2. The subject site must be the applicants' main residence and the business must be clearly incidental and secondary to the use of the property for residential purposes. 3. Storage is prohibited out -of- doors, within a carport, or within an accessory structure. 4. Any required garage parking area must not be converted into a work area or storage area for the home occupation. 5. The exterior appearance of the single family residence must not be altered. Exterior indication of the home occupation activity from adjoining public rights -of -way or from surrounding properties is prohibited. 6. The home occupation must not display window or advertising sign(s), merchandise, products, or stock in trade, or other identification of the home occupation on the premises. 7. Mechanical or electrical equipment, other than that which is compatible with domestic residential use, is prohibited. 8. Articles offered for sale must be limited to those produced on the premises. 9. Only one personal vehicle may be kept on the premises in connection with the home occupation. The vehicle is prohibited from displaying any signage related to the home occupation. 10.Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. 11.The home occupation must not cause or create offensive or objectionable levels of hazards or nuisances (e.g. cold, dirt, dust, electrical interference, fumes, heat, humidity, gas, glare, light, noise, odor, smoke solid waste, toxic /hazardous materials, vibration, etc.) in excess of that customarily associated with similar residential uses. 12.The home occupation must not generate additional pedestrian or vehicular traffic substantially greater than that normally associated with residential uses in the surrounding area. each day. 13.The home occupation may receive up to and no more than two deliveries 14. The home occupation must not be conducted between the hours of 10:00 p.m. and 7:00 a.m. 15.Only family members or persons living full -time on the property shall be permitted to work at the home -based business. 16. The home occupation must not allow any customers to visit the subject site for the purposes of placing an order or picking up merchandise. 17.Applicant shall obtain a City of Seal Beach business license before commencing business operations. 18.Applicant must maintain an Orange County Health Care Agency Permit for a Cottage Food Operation before commencing business operations. 19.All Cottage Food Product and ingredients must be stored separately From household food items. 20. Cottage Food Products must be properly labeled in compliance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et. seq.). 21.Applicant must complete a food processor course approved by the Orange County Health Care Agency. 22. Should complaints be received regarding the home occupation, the Planning Commission reserves the right to schedule this Minor Use Permit for reconsideration, modification, or revocation. 23. The home occupation must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code, as the regulations of that chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the home occupation, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant to mitigate the noise level to comply with the provisions of Chapter 7.15 24.This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. 25.The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 2014 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners A" , kJ Sandra Massa-Lavitt, Chair Planning Commission Jim Basham, Secretary Planning Commission Attachment 2: Applicant Business Description and Menu About Us Home Decorated Kookles Kookies Kupkakes Kustont Kakes Other Sweet Treats Pricing About/Contact Us 0�� Hi, I am Kim owner of KK's Sweet Kreations. I started baking kookies, kupkakes and kakes for my kid's birthday parties. Family and friends always encouraged me to start my own baking business, but I was working full time in Corporate America and raising my kids. A life changing event occurred earlier this year... It was just the thing I needed to start my own business. As they say, "When one door closes, another one opens", Today, I am pursuing my dream of kreating sweet kreations! For all your sweet kreation inquires. Email us at: kksweetkreationsCd)yahoo.com Call us at: (562) 221-3685 http://kksweetkreations.com/aboutus.php 1/7/2014 KK's Sweet Kreations �i -SWE' ETKKEA1 i )vs Home Decorated Kookies Kookies Kupkakes Kustom Kakes Other Sweet Treats Pricing About/Contact Us Page 1 of 1 Sweet I�reatims Welcome to KK's Sweet Kreations! We kreate homemade kupcakes, kustom decorated sugar kookies, kakes, dessert tables and other sweet kreations! Let us kreate something sweet to make your next event extra special! Ar, http: //kksweetkreations.com /home.php 1/7/2014 Attachment 3: County of Orange, Health Care Agency, Environmental Health Permit PR0086653 INSPECTION REPORT DA4141348 County of Orange, Health Care Agency, Environmental Health Page 1 of 1 1241 EAST DYER ROAD, SUITE 120 SANTAANA, CA 92705 -5611 (714) 433 -6000 ochealthinfo.com /eh PR0086653 KKS SWEET KREATIONS Record ID: FA0061340 4200 BANYAN AVE Inspection Date: 03/21/2013 SEAL BEACH, CA 90740 Reinspection Date: Type of Facility: 0052 - COTTAGE FOOD CLASS B Service: P05- AUTHORITY TO CONSTRUCT /PLAN APPROVED Mailing Address: Shelley Wallevand, REHS COTTAGE FOOD PARENT OWNER RECORD SUPV ENVIRONMENTAL HEALTH 4200 BANYAN AVE SPECIALIST II SEAL BEACH, CA 90740 (714) 433 -6108 6:30am- 4:00pm swallevand@ochca.com PC01 -PLAN APPROVAL Your application packet has been reviewed and you are now approved as a Class B Cottage Food Operation. You will now be moving on to the next phase and be contacted by a representative of this department to set up an inspection time. If you have any questions, please feel free to contact me at 714 - 433 -6108. Additionally: 1) Ensure that you store your Cottage Food Product and ingredients separated from the food for your home. 2) You will need to ensure that your cottage food products are properly labeled in compliance with the Federal Food , Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.). 3) You will have 90 days from the date of this letter to obtain the proper training. This training can be found at http: / /www.cdph.ca.gov /programs /Documents /fdbCFOtrain.pdf. 4) This approval is good for the food items included in your application ONLY. If you would like to add product, please contact this office. Your permit number is PR0086653. 1 declare that 1 have examined and received a copy of this inspection report. Print Name and Title Signature Date 7552 (0.01) 312112013