(A) The term COTTAGE FOOD OPERATIONS, as defined in § 155.003, applies only to such uses in residential zones which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence. Such uses shall require approval of a cottage food operations permit by the Director of Planning or his/her designee. Before granting approval, the Director of Planning or his/her designee shall be satisfied that all the requirements set forth below are met.
(1) All cottage food operations must comply with the requirements of the Los Angeles County Environmental Health Division and the California Department of Public Health. Applicants must first obtain a Cottage Food Operations Class A or Class B Permit from the County prior to submitting an application for a cottage food operations permit under this chapter. A copy of the valid county Class A or Class B permit must be furnished to the city along with the application for a cottage food operations permit.
(2) The cottage food operation shall at all times be conducted in compliance with all conditions and limitations set forth within this chapter, Cal. Health and Safety Code §§ 113758 and 114365, and all other applicable state and county laws, regulations, and requirements.
(3) Cottage food operations must at all times comply with the restrictions on gross annual sales as set forth in Cal. Health and Safety Code § 113758. Cottage food operator must at all times maintain applicable tax returns or other proof of gross annual sales for the cottage food operation, and must promptly provide such documentation to city officials upon request.
(4) Cottage food operations shall not be:
(a) Located within 300 feet of the property line of any single-family home where another approved cottage food operation is located; or
(b) Located within the same building of an apartment complex or other multi-family housing development (i.e. condominiums or townhomes) where another approved cottage food operation exists.
(5) Cottage food operations shall occupy no more of a residence than the lesser of:
(a) Thirty percent of the floor area of the dwelling, including the garage area; or
(b) The area permitted by county permit.
(6) The cottage food operation shall be conducted by the cottage food operator within the dwelling where the cottage food operator resides as their primary residence. Said dwelling shall be a legally established dwelling.
(7) Only foods defined as “non-potentially hazardous” are approved for preparation by cottage food operations. A list of approved cottage food categories is maintained by the California Department of Public Health and is provide on their website, which will be subject to change. Products containing alcohol or marijuana is prohibited.
(8) Cottage food operations shall not have more than one full-time equivalent employee, paid or unpaid, in addition to any family or household members that reside within the dwelling.
(9) Any direct sales of cottage food products to customers from a dwelling unit, if applicable, shall be by prior appointment only and limited to one customer per hour per day. All sales activities shall occur inside the residence and must be between the hours of 8:00 a.m. and 6:00 p.m. On-site consumption of cottage food products by customers is prohibited.
(10) All commercial deliveries related to the cottage food operation shall be limited to no more than one per day, between the hours of 9:00 a.m. and 5:00 p.m. Additionally, delivery vehicles shall not be heavier than 6,000 lbs. in gross vehicle weight.
(11) All cottage food operations shall provide a site plan which confirms that the following parking and loading requirements are met:
(a) For single-family homes, parking spaces in the property garage or carport and driveway shall be available for the actual parking demand created by the use, including parking for the applicant's own vehicles, and a parking space for one non-resident employee (if applicable).
(b) For apartments or other 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 for the applicant’s own vehicles, and a parking space for one non-resident employee (if applicable). On-site parking, in an apartment complex or other multi-family residence, requires prior approval in writing from the property owner, landlord, homeowners association, or property manager.
(c) On-street parking, except on street days where street sweeping occurs, may be temporarily used for persons picking-up and/or delivering materials for the cottage food operation.
(d) Deliveries and customer visitations to the cottage food operation may not unreasonably interfere with the free flow of traffic in the residential zone. Additionally, the cottage food operator is responsible for ensuring that delivery and/or customer vehicles do not remain idle during visitations.
(e) Commercial vehicles may not be kept permanently on the site or in the near vicinity to the cottage food operation.
(12) Cottage food operations may not create noise levels in excess of the permitted noise levels established for the applicable zone in which the cottage food operation is located.
(13) No exterior alterations may be made to the dwelling unit for the purposes of use by the cottage food operation that would alter the residential character of the dwelling.
(14) No signage or advertisement identifying the cottage food operation shall be permitted at the premises.
(15) In addition to a cottage food operations permit, cottage food operations must obtain all applicable permits, licenses, and certificates required for the operation of a business under the city's municipal code.
(16) Additional conditions relating to concentration, traffic control, parking and noise control may be imposed as deemed necessary by the Director of Planning.
(B) The Director of Planning or his/her designee may administratively revoke a cottage food operation permit if any of the following applies:
(1) The cottage food operation has become detrimental to public health, safety, welfare, or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;
(2) The cottage food operation has been issued a notice of violation by the Los Angeles County Environmental Health Division and the violation is not corrected within the period noted within the notice;
(3) The cottage food operation is in violation of this chapter, a condition of the cottage food operations permit, or any other applicable state or county law, regulation, or requirement; or
(4) An expansion or relocation of a cottage food operation without an amendment of the cottage food operations permit.
(C) A cottage food operations permit issued in accordance with the provisions set forth within this section shall not be transferred, assigned, or used by any person other than the permittee, nor shall said use be used at any location other than the one for which the permit is granted.
(Ord. 1081, passed 1-26-17)