Chapter 19.36 — COTTAGE FOOD OPERATIONS

The purpose of this chapter is to implement requirements of Assembly Bill 1616 (Chapter 415, effective January 1, 2013), which amended state law, including, but not limited to, California Governments Code 6.1 Part 1 of Division of Title 5, Sections 109947, 110050, 110460, 11955, 113789, 114021, 114023, 114390, 114405, and 114409 and California Health and Safety Code Part 7 of Division 104 to allow for cottage food operations, establish standards for cottage food businesses as an accessory use to dwelling units, and to ensure compatibility with the residential character of the neighborhoods in which such businesses are located.

(Ord. 2013-07 § 4, 2013.)

"Cottage food operations (CFO)" means an enterprise as defined by California Health and Safety Code Section 113758 , holding a permit or registration issued by the county of Napa and the city of American Canyon in accordance with this chapter, and is generally an accessory business located within a residence where non-potentially hazardous food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.

(Ord. 2013-07 § 4, 2013.)

A cottage food operation is an accessory use permitted in any legally established dwelling, subject to standards in Section 19.36.040(D) and (E), and is a distinct use different than a home occupation. Cottage food operations are not required to comply with the requirements of home occupations as defined in Chapter 19.29.

(Ord. 2013-07 § 4, 2013.)

Cottage food operations are permitted accessory uses to residences provided that all of the following standards are met:

(A) Size. The use is confined to the registered or permitted area, as defined by Section 113758 of the California Health and Safety Code and shall not exceed two hundred square feet or twenty-five percent of the principal dwelling, attached or detached garage, or any other accessory structure. A garage may be used for storage only when sufficient parking spaces remain available to meet current residential parking standards.

(B) Indoors. The use, including any storage, is conducted entirely indoors within the principal dwelling, garages, or accessory structures.

(C) Employees. The use is carried on only by an immediate family member or household member occupying the dwelling, with no more than one nonresident, non-family member person employed.

(D) Traffic. The operation shall not invite customers to the residence and the operation shall not transact business with customers at the residence.

(E) Traffic. No pedestrian or vehicular traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(F) Signage. No on-site signage or advertisement identifying the CFO is permitted.

(G) Vehicle. No vehicle over one ton carrying capacity may be used in conduct of a CFO.

(H) Parking. One parking space that may be covered or uncovered shall be available for each employee of the cottage food operator that is a nonresident family member or nonfamily member employee.

(I) Deliveries. Merchandise produced on the premises may be delivered to customers or clients. The subsection does not prohibit the operation from the delivery of merchandise from the residence to customers or the pick-up or delivery by

commercial parcel service companies.

(J) Noise. No equipment or process shall be used in such CFO that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot to the normal senses. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference upon any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises. A CFO shall not cause any adverse impacts such as offensive odors or excessive noise that are incompatible with the residential area or in violation with the provisions of any applicable laws or regulations.

(K) No On-Site Dining. On-site dining or tasting events for customers are prohibited.

(L) County Authorization Required. The applicant shall furnish to the city evidence of the application for, or issuance of, the necessary permits and/or registration for operation from the county of Napa.

(Ord. 2013-07 § 4, 2013.)

Cross References Section 19.36.030

(A) Applicability. No person shall commence or carry on any cottage food operation within the city without first having obtained a cottage food operation permit.

(B) Application.

(1) An application for a cottage food operation permit shall be filed in writing with the community development department by the person who intends commencing or carrying on a home occupation. Where the applicant is not the owner of the property on which the cottage food operation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent.

(2) The application shall be upon forms furnished by and in a manner prescribed by the community development director and shall be accompanied by any applicable filing fee established by resolution of the city council.

(C) Review and Approval.

(1) Within ten working days after the filing of an application for a cottage food operation permit, the community development director shall review the application and approve, conditionally-approve or deny the permit. The director may approve or conditionally-approve an application for a cottage food operation permit if he or she finds it consistent with the purpose and standards of this chapter.

(2) The director shall serve a notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application.

(3) Any person aggrieved by the action of the director upon an application for a cottage food operation permit may appeal such an action by filing a written notice of appeal with the director within the ten days after the date of the mailing of such action. The director shall refer all appeals to the planning commission. The commission shall set the matter for hearing at the earliest available date. The applicant shall be given notice of the time and date set for such consideration.

(4) An appeal of a commission decision may be made by filing a notice of appeal with the city clerk. The notice shall comply with the requirements of Section 2.04.110 of the municipal code except that the notice of appeal shall be filed within ten days after the decision of the commission and appeal shall be subject to the procedures set forth in Chapter 2.04 of the municipal code.

(D) Suspension and Revocation.

(1) Any cottage food operation permit may be suspended or revoked when it is determined that the cottage food operation authorized by the permit has been or is being conducted:

(a) In violation of any city, county and/or state code, ordinance, rule or regulation;

• (b) In a disorderly manner;

• (c) To the detriment of the general public; or

• (d) In a different form than which the permit was issued.

(2) Any cottage food operation permit that has been issued shall not be revoked or suspended unless a hearing shall first have been held by the community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least ten days prior to the date set forth for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit. The notice shall be served by mailing, by registered mail, a copy of such notice to the permittee at the address appearing on the permit.

(3) Any person aggrieved by the action of the director upon an application for a cottage food operation permit may appeal an action by filing a written notice of appeal to the director within ten days after the date of mailing of the director's action on the suspension or revocation of the permit. Appeals shall be processed as set forth in subsection C of this section.

(E) Transferability. No cottage food operation permit shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.

(Ord. 2013-07 § 4, 2013.)

Every cottage food operation shall obtain a business license. If the business license is not renewed annually, the cottage food operation permit shall automatically expire.

(Ord. 2013-07 § 4, 2013.)