Prior ordinance history: Ords. 37, 59 and 1085.
The general purpose of this chapter is to set forth provisions
by which home based businesses, that are an accessory use to the primary
residence, may be allowed in all residential zones and specific plans
that allow residential as a primary use, provided that they comply
with the prescribed standards to minimize impacts to residential neighborhoods.
(Ord. 1224 § 1, 2013)
Home occupations for profit may be engaged in any residential
zone and specific plans that allow residential as a primary use, subject
to the following conditions:
A.
There
shall be no employment of help, other than members of the household
that reside at the subject property.
B.
There
shall be no sale of goods associated with the home occupation on the
premises.
C.
The
use shall not generate pedestrian or vehicular traffic above that
which is typical of a residential neighborhood.
D.
There
shall be no unsightly storage of materials or supplies.
E.
Not
more than two rooms in the dwelling shall be occupied for "home occupation."
However, an outbuilding of not more than two hundred square feet located
in the rear yard, or an addition of not more than two hundred square
feet to an existing or a permissible structure may be used for a home
occupation in lieu of rooms in the main house. No outdoor space shall
be so used.
F.
In
no way shall the appearance of any structure or the conduct of the
business within the structure be such that any portion of the premises
may be reasonably recognized as serving a nonresidential use, either
by color, form, materials of construction, lighting, sounds, noises,
odors, vibrations or other means.
G.
Signage
shall be limited to one nameplate per unit displaying the name of
the home occupation engaged in on the premises subject to the following
conditions:
H.
If
the home occupation applicant is not the homeowner of where the home
occupation will be conducted from, the property owner's written authorization
shall be provided with the home occupation permit application.
I.
Cottage
food operations shall be exempt from these provisions and shall be
governed by Article II of this chapter.
(Ord. 1224 § 1, 2013)
Home occupation permits shall not be granted for the following
uses:
A.
Massage
practices and massage technicians.
(Ord. 1224 § 1, 2013)
The general purpose of this chapter is to comply with California
State Law Assembly Bill 1616 (AB 1616) which allows individuals to
prepare and/or package certain nonpotentially hazardous foods in private
home kitchens, referred to as cottage food operations, and sell directly
to the public on- and off-site. The intent of this chapter is to provide
a permitting process to allow cottage food operations to comply with
AB 1616, while protecting the integrity and character of existing
residential neighborhoods.
(Ord. 1224 § 1, 2013)
For purposes of this chapter, the following items are defined
as follows:
means a cottage food operation that may engage only in "direct
sales" of cottage food products from the cottage food operation or
other direct sale venues.
means a cottage food operation that may engage in both "direct
sales" and "indirect sales" of cottage food products from the cottage
food operation, from direct sales venues, from off-site events, or
from a third-party retail food facility.
means an individual, paid or volunteer, who is involved in
the preparation, packaging, handling, and storage of a cottage food
product, or otherwise works for the cottage food operation. An employee
does not include an immediate family member or household member of
the cottage food operator.
means an enterprise that is operated by a cottage food operator
in a private home, classified as a Class "A" or "B," and has not more
than one full-time employee, not including a family member or household
member(s) of the cottage food operator, where cottage food products
are prepared or packaged for direct or indirect sale to consumers.
means an individual who operates a cottage food operation
in his or her private home and is the owner of the cottage food operation.
means non-potentially hazardous foods that are prepared for
sale in the kitchen of an approved cottage food operation. Foods containing
cream, custard or meat fillings are potentially hazardous and are
not allowed.
means a transaction between a cottage food operation operator
and a consumer, where the consumer purchases cottage food products
made by the cottage food operation. Direct sales include, but are
not limited to, transactions at holiday bazaars or other temporary
events, such as bake sales or food swaps, certified farmer's markets,
and transactions occurring in person at the private home where the
cottage food operation conducts business.
means an interaction between a cottage food operation, a
third-party retailer, and a consumer, where the consumer purchases
cottage food products made by the cottage food operation from a third-party
retailer. Indirect sales include, but are not limited to, sales made
to retail shops or to retail food facilities where food may be consumed
on the premises.
means a dwelling, including an apartment or other leased
space, where individuals primarily reside.
means the portion of a private home that contains the private
home's kitchen used for the preparation, packaging, storage, or handling
of cottage food products and related ingredients or equipment, or
both, and one additional room within the home that is used exclusively
for storage.
(Ord. 1224 § 1, 2013)
A.
An
application to operate a cottage food operation shall be submitted
on forms provided by the planning division. Upon submittal, the director
of development services may require additional information to show
full compliance with this chapter and other regulations of the city.
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 director of development
services may approve the application, subject to the provisions of
this chapter. If the application does not comply with the minimum
provisions, the director of development services may approve in modified
form to comply with 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.
(Ord. 1224 § 1, 2013)
Cottage food operations shall be permitted in all single or
multi-family residential zones and specific plans that allow residential
as a primary use, and shall be subject to the following conditions:
A.
No
cottage food operation shall be allowed to operate without first securing
all required permits and approvals from the Los Angeles County department
of public health and the city.
B.
Not
more than one full-time employee, paid or voluntary, not including
an immediate family member or household member(s) of the cottage food
operator, shall be employed by the cottage food operation.
C.
Hours
of operation shall be limited to Monday through Sunday between the
hours of seven a.m. to eight p.m.
D.
Delivery
and loading shall be subject to the following conditions:
1.
Deliveries and loading shall be limited to Monday through Friday
between the hours of seven a.m. to eight p.m. No deliveries or loading
shall be permitted on Saturday or Sunday.
2.
Delivery and loading vehicles shall not impede vehicular or pedestrian
traffic, block a driveway or sidewalk, or sit idling at any time.
3.
Class B CFOs participating in indirect sales to third-party retailers
shall not use third-party delivery services to deliver food products
to the retailer.
E.
Operation
of the cottage food operation shall not occupy any required parking
for the private home.
F.
Only
the kitchen and one additional room inside the private home that have
been registered or permitted with the Los Angeles County department
of public health shall be used for the operation, including storage,
of the business. The garage or accessory structures shall not be used
for the cottage food operation, including storage.
G.
In
no way shall the appearance of any structure or the conduct of the
cottage food operation within the structure be such that any portion
of the premises may be reasonably recognized as serving a nonresidential
use.
H.
Signage
shall be limited to one nameplate per unit displaying the name of
the cottage food operation engaged in on the premises subject to the
following conditions:
I.
Cottage food operations shall not negatively impact surrounding properties by means of noise, odor or any other characteristic deemed inappropriate for residential uses. Noise levels shall not exceed those allowed by Chapter 8.36 of the city municipal code.
J.
Sales
performed from the private home shall be allowed subject to the following
conditions:
(Ord. 1224 § 1, 2013)
