Camarillo Municipal Code Ch. 19.74 Cottage Food Operations

For the purposes of this chapter, the following definitions apply:

"Cottage food employee" has the meaning set forth in California Health and Safety Code Section 113758(b).

"Cottage food operation" has the meaning set forth in California Health and Safety Code Section 113758(a).

"Cottage food products" has the meaning set forth in California Health and Safety Code Section 113758(b).

"Permitted area" has the same meaning as "registered or permitted area" as set forth in California Health and Safety Code Section 113758(b).

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A cottage food operation is a permitted use in a residential dwelling subject to compliance with the provisions of this chapter and the issuance of a cottage food operation permit under this chapter.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A. A cottage food operation permit is required prior to commencing any cottage food operation in a private residential dwelling, including an apartment or other leased space.

B. The application process for a cottage food operation permit is as follows:

1. The application must be made by the individual who proposes to conduct the cottage food operation from his or her private residential dwelling and is the owner of the cottage food operation.

2. The application must be filed on the application form provided by the department and accompanied by the applicable processing fee established by city council resolution.

3. If the applicant does not own the property in which he or she proposes to establish a cottage food operation, the property owner's written authorization must be provided.

4. If the property on or in which the cottage food operation will be conducted is part of an active homeowners association, the applicant must provide written authorization from the homeowners association to conduct the cottage food operation from the property.

C. Upon filing a complete application form with the department, the director will cause to be conducted an inspection of the premise for which the application was filed and will provide written notice either denying or issuing the permit. A cottage food operation permit may be issued if the director finds that such use complies with all applicable requirements set forth in Sections 19.74.040 and 19.74.050.

D. A cottage food operation does not require a home occupation permit under Chapter 19.65 of this code. However, if any business activity other than a cottage food operation occurs within a private residential dwelling, a home occupation permit is required prior to the commencement of such business activity.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

The following operational requirements apply to cottage food operations:

A. All cottage food operations must comply with the requirements of the Ventura County Environmental Health Division and the California Department of Public Health. Applicants must first obtain a Cottage Food Operation Class A or Class B Permit from the county prior to submitting an application for a cottage food operation permit under this chapter. A copy of a valid county Class A or Class B permit must be furnished with the application to the department.

B. Permitted cottage food products that may be produced at the residential dwelling as part of the cottage food operation are limited to those cottage food products listed by the California Department of Public Health.

C. Cottage food functions including storage, preparation, mixing, assembling, packaging, labeling, or direct sales must occur only within the permitted area.

D. Residents of the dwelling unit and a maximum of one cottage food employee, not including a family or household member, are permitted in a cottage food operation at any one time.

E. Only cottage food products produced at the cottage food operation may be sold or sampled at the dwelling unit.

F. No sit down dining or meal service other than the brief sampling of the cottage food products produced on the premise is permitted.

G. The establishment of the cottage food operation may not change the principal residential character or use of the dwelling unit involved.

H. No exterior alterations may be made to the dwelling unit for the purposes of use by the cottage food operation that would change the residential character of the dwelling.

I. No signs identifying or advertising the cottage food operation are permitted on the premises, except those required by government agencies.

J. Cottage food operations may not be:

1. Located within three hundred feet of the property line of any single-family home where another cottage food operation is located; or

2. Located within the same building of an apartment complex or other multifamily housing development (i.e. condominiums or townhomes) where another cottage food operation exists.

K. Visitation and deliveries incidental to the cottage food operation are limited to the hours of seven a.m. to seven p.m., Monday through Saturday, and are not permitted on Sundays or holidays. This subsection applies to deliveries made by commercial vehicles, as defined in Chapter 11.44 of this code, as well as deliveries made by non-commercial vehicles.

L. The cottage food operation must comply with all applicable inspection requirements.

M. Cottage food operations may not create noise levels in excess of those allowed by this code in the applicable zone in which the dwelling unit is located.

N. Cottage food operations are subject to all residential zoning requirements set forth in this code, so long as such zoning requirements are not in conflict with the provisions of this chapter. Cottage food operations may not engage in any activity that would result in a violation of this code or any local, state or federal law or regulation.

O. In addition to a cottage food operation permit, cottage food operations must obtain all applicable permits, licenses, and certificates required for the operation of a business under this code.

P. Cottage food operations must at all times comply with the restrictions on gross annual sales as set forth in California Health and Safety Code Section 113758. Cottage food operators 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.

Q. Additional conditions relating to concentration, traffic control, parking, and noise control may be imposed as deemed necessary by the director.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A. No vehicles, trailers (including pick-up trucks and vans) or other equipment, except those normally incident to the residential use, may be kept on the site or in the near vicinity in a manner that obstructs the free flow of traffic, or violates the provisions of this code applicable to parking in residential zones, including but not limited to the provisions of Chapter 11.20 and Chapter 19.44 of this code.

B. Commercial vehicles, as defined in Chapter 11.44, may not be kept permanently on the site or in the near vicinity to the cottage food operation unless engaged in the delivery of goods or services to the cottage food operation.

C. For single family homes, parking spaces in the property's garage or carport (if present) and driveway must be available for the actual parking demand created by the use, including parking spaces for the applicant's and applicant's family members' vehicles, and a parking space for an employee if an employee is present. Parking spaces must comply with the size requirements listed in Chapter 19.44 of this code.

D. For multifamily developments, the cottage food operator's designated space(s) must be available for the actual parking demand created by the use, including parking spaces for the applicant's and applicant's family members' vehicles, and a parking space for an employee if an employee is present. On-site parking in an apartment complex or other multifamily residence requires written consent from the property owner, landlord, homeowners association or property manager.

E. All applicants must demonstrate reasonable on-street parking within a three hundred foot radius of the residential dwelling. On-street parking spaces may be used for persons picking-up and/or delivering materials for the operation, third party retailers, and customers if direct sales on the property are proposed. On-street parking must comply with the applicable provisions of Chapter 11.20 of this code.

F. Deliveries and customer visitations to the cottage food operation may not unreasonably interfere with the free flow of traffic in the residential zone.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A cottage food operation permit issued in accordance with the provisions of this chapter may be revoked if the director finds that any of the following conditions exist:

A. That any condition of the cottage food operation permit or provision of this chapter has been violated.

B. That the cottage food operation has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter 9.12 of this code.

C. That the permit was obtained in a fraudulent manner.

D. That the cottage food operation no longer maintains a valid Class A or Class B Permit from the Ventura County Environmental Health Division.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A cottage food operation permit issued in accordance with the provisions of this chapter may not be transferred, assigned or used by any person other than the permittee, used at any location other than the one for which the permit is granted, or used for any other type of food sales or distribution activity than the type for which the permit is granted.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)