The purpose of this chapter is to support community-based food production by establishing minimum standards to ensure that cottage food operations within residences do not create unreasonable impacts or endanger public health, safety, or welfare and in accordance with California Government Code Section 15035.
A.
This chapter shall apply to all cottage food operations, cottage food operators, and cottage food products as defined in Part 7 (Definitions). For this chapter, a cottage food operation is defined as the in-home preparation of low-risk food for sale on a small scale, usually by one or two persons, that occurs as a home occupation in local communities.
B.
All cottage food operations must be registered or permitted by their local environmental health agency before commencing business. There are two classes of cottage food operations:
1.
"Class A" engage only in direct sales of cottage food products from the cottage food operations or other direct sales venues such as temporary events.
2.
"Class B" engage in direct and/or indirect sales of cottage food products such as a permitted third-party retail food facility such as a restaurant or market.
C.
In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.
The request for approval of a cottage food operation shall be submitted to the Development Services Department and the County of San Bernardino Division of Environmental Health Services. An administrative use permit is required for cottage food operations within residential and mixed-use zones pursuant to Part 5 (Land Use and Development Approval Procedures).
All cottage food operations are permitted within residential and residential mixed-use zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards), pursuant to the operational provisions contained in this chapter and in accordance with Chapter 17.27 (Home Occupations) and California Health and Safety Code Section 113758.
A cottage food operation is considered a home occupation and therefore shall comply with the standards and provisions of Chapter 17.27 (Home Occupations) unless otherwise noted in this chapter.
A.
Cottage Food Operator. The applicant for the cottage food operation permit shall be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site.
B.
Employees. No more than one cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.
C.
Other Permit Requirements. The cottage food operation shall be registered or permitted by the County Health Officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements.
D.
Location of Uses.
1.
The use shall be conducted and contained within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. Detached accessory structures, including garages or guest quarters, enclosed patios, or secondary units, may not be used for operations or storage.
2.
No outdoor storage of cottage food products is allowed.
E.
Floor Area. No greater than 25 percent of the dwelling may be used for the cottage food operations, and it shall not be conducted within an accessory building.
F.
Signs. No signage or advertisement identifying the cottage food operation shall be permitted at the premises. There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.
G.
Vehicles.
1.
Except for vehicle parking, no outdoor portions of the premises shall be utilized for cottage food operation including outdoor sales and visitation.
2.
No greater than one visitor's vehicle and one non-resident employee's vehicle shall be parked on site at any time. All on-site vehicle parking shall be conducted in a manner consistent with City code.
H.
On-Premises Sales.
1.
Direct sales of products from the site of the cottage food operation shall be conducted by prior appointment only and shall not exceed more than 10 visitors in any single day. No customers of the cottage food operation shall be permitted to dine at the premises.
I.
Sales and Deliveries. Cottage food operation related sales or deliveries shall not occur between the hours of 8:00 p.m. and 7:00 a.m.
The Zoning Administrator may suspend the approval of a cottage food operation if any of the following applies:
A.
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;
B.
The cottage food operation does not commence within 1 year of approval;
C.
The cottage food operation ceases for a period greater than 1 year;
D.
The cottage food operation has been issued a notice of violation citation by the County Department of Environmental Health Services and the violation is not corrected within the period noted within the issued violation; or
E.
The business is in violation of this article or a condition of the permit, or of any statute, ordinance, law, or regulation.