Ordinance 3077CITY OF ALAMEDA ORDINANCE NO. 3077
New Series
AMENDING SECTION 30-2 OF THE ALAMEDA MUNICIPAL CODE
TO ALLOW COTTAGE FOOD OPERATIONS AS REQUIRED BY AB
1616, ALLOW ALL HOME OCCUPATIONS TO INCLUDE UP TO
ONE EMPLOYEE AND DELETE REFERENCE TO EXCESSIVE
PEDESTRIAN TRAFFIC
WHEREAS, the State Legislature has adopted a new law, AB 1616, that
requires all cities and counties in California to allow cottage food operations to
produce and sell certain foods from residences, including homes and
apartments, as a permitted use in residential areas, subject only to reasonable
regulations; and
WHEREAS, the Alameda Municipal Code (AMC) Section 30 -2 regulates
Cottage Food Operations and other home-based business in the Home
Occupation section of the AMC; and
WHEREAS, AB 1616 requires that cities allow Cottage Food Operations to
include up to one employee; and
WHEREAS, the AMC Section 30-2 prohibits non-household member
employees in home occupations; and
WHEREAS, the City of Alameda wishes to support cottage food operations
and other small home-based businesses to support the local economy, increase
employment opportunities, and allow Alameda residents to build and grow new
businesses; and
WHEREAS, the project is Categorically Exempt from additional environmental
review pursuant to California Environmental Quality Act (CEQA) Guidelines,
Section 15305, Minor Alterations in Land Use Limitations, as the change in the
home occupation regulations is a minor alteration of a land use limitation.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that by four affirmative votes that:
Section 1. SECTION 30-2 of the Alameda Municipal Code is hereby amended
to read as follows:
Home occupation shall mean any use customarily carried on within a dwelling,
rear or side yard areas, or accessory buildings, by the inhabitants thereof, and
which use is incidental to the residential use of the dwelling and complies with
the following standards:
1. Is confined within the dwelling, and occupies not more than fifty (50 %)
percent of the floor space on one (1) floor; or, upon obtaining a Use
Permit, as provided in subsection 30-21.3 hereof, in the rear or side yard,
or accessory buildings thereof.
2. Involves no sales or storage of merchandise other than that produced on
the premises, and/or directly related to and incidental to the services
offered.
3. Is carried on by the members of the household occupying the dwelling
with no more than one other person employed.
4. Produces no evidence of its existence beyond the premises, such as
noise, smoke, odors, vibrations, etc., except for one (1) nonilluminated
sign pertaining directly to the particular home occupation.
5. That the conduct of the home occupation shall not create excessive
pedestrian automobile or truck traffic in the vicinity, and that the parking of
commercial vehicles incidental to the home occupation shall be permi tted
upon the premises only in enclosed structures.
Section 2. This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Section 3. Severability Clause: It is the declared intent of the City Council that if
any section, subsection, sentence, clause, phrase, or provision of this ordinance
is held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not be so construed a s to render invalid or
unconstitutional the remaining provisions of this ordinance.
______________________________
Presiding Officer of the City Council
Attest:
________________________
Lara Weisiger, City Clerk
City of Alameda
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 23rd day of July, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam
and Mayor Gilmore – 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 24th day of July, 2013.
______________________
Lara Weisiger, City Clerk
City of Alameda