5.03.354 Home Office Use – Zoning Clearance Process.

(a) The Zoning Administrator shall issue a Zoning Clearance for a Cottage Food Operation Use upon making a finding, based on substantial evidence, that:

• (1) the building is a legal dwelling unit in a location zone for residential use;

• (2) a resident of the dwelling unit will be the Cottage Food Operator;

(3) the Cottage Food Operation Use has met the registration requirements for a “Class A” operation or the permitting requirements for a “Class B” operation from San Mateo County Environmental Health Department and complies with the California Health and Safety Code by providing the appropriate documentation from the San Mateo County Environmental Health Department;

(4) the Cottage Food Operation Use will not include any use or activity that is prohibited by subsection (c) of this section;

(5) the Cottage Food Operation will use only the existing, legally permitted, kitchen in the unit for production; and

(6) the Cottage Food Operation Use will not include any use or activity that is not incidental to or incompatible with residential activities.

• (b) The Zoning Clearance shall be conditioned on:

(1) The Cottage Food Operator maintaining his or her “Class A” Cottage Food Operations registration or “Class B” Cottage Food Operations permit in good standing;

(2) The Cottage Food Operation being in full and complete compliance with each of the requirements in Health and Safety Code section 114365; and

(3) The Cottage Food Operations be in full and complete compliance with each of the requirements in this section.

(c) The following uses are restricted or prohibited in, on or about a dwelling unit for which

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a Zoning Clearance has been issued for a Cottage Food Operation Use:

(1) Direct Sales. To minimize the traffic and parking impacts to Colma’s residential neighborhoods, which have narrow lots normally only 33.33’ wide and limited street parking, not more than two customers are allowed on the site at any given time. Direct sales may only occur between the hours of 8:00 am and 6:00 pm, Monday through Friday, and between the hours of 9:00 am and 5:00 pm, Saturday and Sunday.

(2) Gross Annual Sales. No Cottage Food Operation may exceed the following in gross annual sales: $35,000 or less in gross sales in 2013; $45,000 or less in gross sales in 2014; and $50,000 or less in gross sales in 2015.

(3) Employment. No Operation may have more than one full-time equivalent cottage food employee, not including an immediate family member or household member of the cottage food operator. Within three months of registering with the County, the cottage food operator shall supply the Town with proof that all persons who prepare or package cottage food products at the permitted CFO have completed a food processor course instructed by the California Department of Public Health.

(4) Concentration of Operations. No Cottage Food Operation shall be located closer than five hundred (500) feet to any other Cottage Food Operation due to the potential to significantly impact parking in Colma’s residential neighborhoods.

(5) Signage. No Cottage Food Operation shall be allowed signage.

(6) Delivery Vehicles. Only the operator’s vehicle normally used for domestic purposes shall be used for deliveries. The delivery vehicle shall not be heavier that 10,000 pounds in gross weight. The delivery vehicle shall only be loaded or unloaded between 7:00 a.m. and 7:00 p.m. Monday through Friday.

(7) No On-site Consumption. No food items produced on-site and sold to customers shall be consumed on the property where the sale was made, or on the sidewalk or street adjacent to the property.

(8) Enclosure. All activities related to the Cottage Food Operation, including sales, use must be conducted within the enclosed, livable area of the premises.

(9) Garage. The use of the garage or carport of a dwelling unit to store merchandise or equipment or to conduct any business activity is prohibited.

(10) Traffic. The Cottage Food Operator shall not conduct or permit operations in a manner that would generate traffic in greater volumes than would normally be expected in a residential neighborhood or increase parking demands on the street on which the residential unit is located.

(d) The issuance of a Zoning Clearance shall be conditioned on the applicant obtaining a Town Business Registration within ten days and maintaining the registration in effect at all times.

(e) The Zoning Administrator may, after a hearing, revoke a Zoning Clearance for a Home Office for failure to comply with any of the provisions in this ordinance. Written notice of the

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revocation proceeding shall be posted on the three (3) official bulletin boards of the Town of Colma and mailed to the owner of the affected property at the address for which the Zoning Clearance was issued and, if different, at the address shown on the last tax roll of San Mateo County, at least ten (10) days before the hearing. In lieu of revocation, the Zoning Administrator may attach conditions to the Zoning Clearance.

(f) A decision by the Zoning Administrator to deny an application for a Zoning Clearance for Home Office Use or to revoke a Zoning Clearance for a Home Office Use shall be in writing, explaining the reasons therefore. The applicant may appeal the decision to the City Council in accordance with the procedures set forth in section 1.02.270 of this Code.

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12; ORD. 724, 6/12/13]

[Authorities: Gov’t Code §§ 51035, 65850; Health and Safety Code §§ 114365, 114365.2]