(A) The use of a home occupation which does not fall within the meaning of cottage food operation as defined by § 153.220.040, shall comply with the following regulations:
(1) No display or storage. No display or storage of goods, wares, merchandise or stock in trade shall be maintained on the premises.
(2) Occupancy employment. No one other than persons residing on the lot where the home occupation is located may be regularly employed in such occupation.
(3) Dust, fumes, noise, and odor. No equipment used in conjunction with such occupation that emits dust, fumes, noise or odor, which could interfere with the peaceful use and enjoyment of adjacent properties is permitted.
(4) Floor space limit. Not more than 150 square feet of floor space of the dwelling shall be devoted to the home occupation.
(5) Traffic. No appreciable increase of traffic, pedestrian or vehicular shall result from such occupation.
(6) Signage. No sign not otherwise permitted in the zone in which the occupation is located shall be used.
(B) The use of a home occupation which falls within the meaning of cottage food operation as defined by § 153.220.040 shall comply with the following regulations:
(1) Spacing. No cottage food operation shall be approved if:
(a) The property line of the site of the proposed use is located within 300 feet on the same street or the corner of a cross-street of the property line of any single family home where another cottage food operation is located; or
(b) If the proposed use is located within the same building of an apartment complex or other multi-family housing (i.e. condominium or townhomes) where another cottage food operation exists.
(2) Employee. Only one employee, paid or unpaid, shall be permitted. This shall not include family members or a household member of the cottage food operator.
(3) Parking and loading requirements.
(a) For single family homes, parking spaces in the property's garage or carport (if present) and driveway shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, a parking space for an employee, if an employee is present, and one parking space for customers if direct sales on the property are proposed.
(b) For apartments and multi-family developments, the cottage food operator's designated space(s) shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, parking spaces for an employee if employee is present, and one parking space for customers if direct sales on the property are proposed. On-site parking in an apartment complex or other multi-family residence requires approval from the property owner, landlord, homeowners association or property manager.
(c) On-street parking spaces may be used for persons picking-up and/or delivering materials for the cottage food operation and third party retailers coming to the property if proposed.
(d) If the proposed cottage food operation will involve loading of food products into vehicles, such loading may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from 8:00 a.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturdays and Sundays. Vehicles shall not idle when being loaded.
(4) Noise control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property by Chapter 153 of this Code.
(5) Size. Cottage food operations shall occupy no more of a residence than the lesser of:
(a) Thirty percent (30%) of the floor area of the dwelling excluding the garage area; or
(b) The area permitted by the Department.
(6) No signage. Cottage food operations shall not install or post signage or advertisements identifying the cottage food operation at the site or building where the cottage food operation is located.
(7) No outdoor sales. No outdoor sales or on-site sales shall be allowed at the site of the cottage food operation.
(8) No dining. If direct sales are proposed at the site of the cottage food operation, no third parties or customers shall be permitted to dine at the cottage food operation.
(9) Code requirements. While the use of a residence for a cottage food operation shall not constitute a change of occupancy for purposes of building and fire codes, to the extent that building modifications are proposed (e.g. more walls for storage areas, new electrical panel for range) the cottage food operation shall meet all requirements of Chapter 150 (Building) of this Code.
(10) Operational requirements. Cottage food operations shall comply with the operational requirements as set forth in Cal. Health & Safety Code §§114365 et seq.
(Ord. 1346, passed 5-2-12; Am. Ord. 1374, passed 9-2-15) Penalty, see § 10.99