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(A) An application to operate a cottage food operation shall be submitted on forms provided by the city's Planning Division. Upon submittal, the City Manager may require additional information to show full compliance with this chapter and other regulations of the city. The application shall include the following information:
(1) Name and address of the applicant, who must be the proposed cottage food operator in his or her private residence and is the owner of the cottage food operation. (See Cal. Health and Safety Code § 113758(b)(2));
(2) Statement of whether the applicant is the owner or a tenant of the property on which the use is proposed; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord, or management company consenting to the application;
(3) Copy of the permit issued by, or application submitted to, the Fresno County Department of Environmental Health Food Safety Division for the proposed cottage food operation;
(4) Description of whether the proposed use will include the involvement of: (i) a family member or household member of the cottage food operator; (ii) a paid or volunteer individual involved with the cottage food projects who works for the cottage food operation (see Cal. Gov’t Code § 113758);
(5) Statement of whether the proposed use will involve: (i) direct sales to customers of cottage food products at the property; (ii) direct sales to customers off-site; (iii) direct sales at temporary off-site events such as holiday bazaars, bake sales, food swaps, farm stands, etc.; (iv) indirect sales to third party retailers at the property; (v) indirect sales to third party retailers off-site; and (vi) any other mode(s) or location(s) of sales;
(6) Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a permit;
(7) An accurate scale drawing of the residence showing: (i) areas registered and permitted by, or areas shown on the application submitted to the Fresno County Department of Environmental Health Food Safety Division for cottage food preparation, packaging and related exclusive storage; (ii) all doors and exits; and (iii) all vehicle parking spaces;
(8) An accurate scale drawing of the site showing property lines, existing streets, structures, driveways, pedestrian walks, and on- and off-site parking and loading areas; and
(9) The City Manager or his or her designee may require additional information necessary to determine whether the proposed use will comply with the applicable provisions of this chapter. He or she may also authorize omission of any of the plans and drawings required for this section if they are not necessary.
(10) Applicant has the right to request a fee verification for any fee paid pursuant to this chapter. (See Cal. Gov’t Code § 51035.)
(B) When the cottage food operator is not the owner of the residence where the business will be conducted, the property owner's written authorization shall be submitted with the application for a cottage food operation.
(C) After submittal of a completed application, the City Manager or his or her designee may approve the application, subject to the provisions of this chapter. If the application does not comply with the minimum provisions, the City Manager or his or her designee may approve the application in modified form to comply with the provisions of this chapter, or deny the application.
(D) Approvals granted to operate a cottage food operation may be revoked by the city at any time if such use is found to be in non-compliance with provisions of this chapter. A notice shall be provided to the cottage food operator which will include a reasonable opportunity to be heard.
(Ord. 2016-101, passed 4-12-2016)