Fontana Municipal Code Div. 19 Home Occupation Permit and Cottage Food Operation

The purpose and intent of the home occupation permit is to establish a lawful home occupation within an existing residential structure.

The Director of Community Development or designee is authorized to approve or deny home occupation permit applications.

Applications for a home occupation permit shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts.

In approving a home occupation in an existing residential structure, the Planning Division must find that the use can be conducted safely, will not have an adverse effect on the neighborhood or other adjacent uses, and can reasonably be expected to conform to the following restrictions:

(1) No use shall create or cause noise, dust, vibration, smell, glare or electrical interference or other hazards or nuisances.

(2) No employees other than residents of the dwelling shall be allowed in connection with a home occupation. (Babysitters or domestic servants are not considered employees of a home occupation.)

(3) There shall be no clients or customers on the premises at any time, except where the Planning Division determines that limited customer traffic may be warranted due to the nature of the business.

(4) If a home occupation is to be conducted on rental property, the property owner's authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit.

(5) Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location.

(6) There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use.

(7) No vehicle larger than a one-ton, four-wheel truck may be used in connection with a home occupation.

(8) Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use.

(9) There shall be no sale of products or services on the premises.

(10) There shall be no advertising which identifies the home occupation by street address.

(11) The use shall not involve the special use of commercial vehicles for delivery to or from the premises.

(12) There shall be no storage of material and/or supplies, indoor or outdoor for purposes other than those permitted in the residential zone.

(13) The home occupation shall not be identified by a sign.

(14) A structure or space outside of the main building or an accessory structure, including the garage, may be used for home occupation purposes. Whenever a garage is used, the home occupation shall not reduce the required parking area as established by this Code.

(15) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which causes the premises to differ from its residential character either by use of colors, materials or construction, lighting, signs, sounds or noises, vibrations, or similar distinctive workings.

(16) The Director of Community Development may impose such conditions on the issuance of the permit as are necessary to ensure that the use will have no adverse effect on the neighborhood, and it shall be unlawful for a home occupation to be carried on in violation of such conditions or so as not to conform with the requirements of this section.

The following uses, either by operation or nature, are not incidental to or compatible with residential activities and shall therefore not be permitted as home occupations:

(1) Automotive repair (body or mechanical), upholstery and painting.

(2) Barber and beauty services.

(3) Medical offices, clinics and laboratories.

(4) Cannabis dispensaries and sales.

(5) Household appliance repairing.

(6) Welding.

(7) Any business dealing with firearms, ammunition, explosives, or ancillary products.

(8) Similar uses as determined by the Director of Community Development.

(Ord. No. 1899, § 5, 7-26-22)

Upon receipt of a complete application for a Director's determination, the project will be reviewed by planning staff for the Director's approval.

A home occupation permit may be revoked if the Director of Community Development finds that any of the following conditions exist:

(1) That any condition of the permit has been violated or the activity is not carried on so as to conform to Division 19 of this article herein for cottage food operations or to the findings.

(2) That the use has become detrimental to the public health or safety or constitutes a nuisance.

(3) That the permit was obtained by fraud.

(4) That the use of which the permit was granted has ceased or was suspended for six or more successive calendar months.

(5) That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

(6) That a valid business license has not been obtained from the City within 30 days of approval in accordance with City requirements.

(7) If the business license and permit renewal application are not renewed within 30 days after expiration, the home occupation permit shall become null and void.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

The purpose and intent of the home occupation permit is to establish a lawful home occupation within an existing residential structure.

The Director of Community Development or designee is authorized to approve or deny home occupation permit.

Applications for a home occupation permit shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts.

(a) A cottage food operation ("CFO"), as defined in California Health and Safety Code § 113758, must obtain administrative approval of a home occupation permit prior to operation within the City.

(b) A CFO permit shall be granted if:

(1) The application is complete; and

(2) The Director of Community Development finds that the CFO complies with Fontana City Code sections concerning spacing and concentration, traffic control, parking, and noise control and can reasonably be expected to conform to the restrictions set forth in Division 19 herein, with the exception of subsections (b), (c), (e), and (h); and

(3) The cottage food operator shall obtain and provide the following to the Planning Division:

a. A copy of either the CFO's "Class A" registration number or "Class B" permit number issued by the San Bernardino County Environmental Health Services Department; and,

b. The CFO's self-certification checklist approved by the San Bernardino County Environmental Health Services Department; and,

c. A copy of the City of Fontana business license.

(c) The permit shall not be transferable to another cottage food operator, nor transferable to another CFO site.

(d) A CFO shall have no more than one cottage food employee, as defined in Health and Safety Code § 113758(b)(1).

(e) All sales shall be conducted entirely within the residential structure/building.

(f) Gross annual sales shall not exceed the amount specified in California Health and Safety Code § 113758.

(g) For the purpose of avoiding nuisances caused by traffic and parking issues, a CFO shall be located no closer than 1,000 feet as measured from property line to property line in all directions, from another CFO. Upon written request by the applicant, a reduction in this separation requirement may be granted provided that the Director of Community Development can make the following written findings:

(1) That the proposed CFO is consistent with the applicable general plan map and text, the zoning district, and all other provisions of the specific plan.

(2) That the proposed CFO will not create reasonably foreseeable parking, circulation or other traffic issues as a result of its proximity to another existing CFO.

(3) The proposed CFO is of a type, character, size, scale and/or nature which is compatible, conforming and otherwise harmonious with other like and similar home occupation uses, especially as related to operational characteristics such as hours of operation, traffic and noise generation, indoor/outdoor configuration, and any other characteristic which by its existence provides factual information pertinent to the Director's determination.

(4) That in no circumstance shall a CFO be closer than 600 feet from property line to property line in all directions from another CFO.

(h) No traffic shall be generated by any CFO in greater volumes than would normally be expected in a residential neighborhood, and the CFO shall not increase parking demands on the street on which the residential unit is located.

(i) Hours of operation shall be limited between the hours of 8:00 a.m. to 6:00 p.m., Monday—Friday.

(j) The City may suspend the CFO permit if the CFO's operation violates any traffic or noise provision of this chapter, becomes an immediate threat to the public health or safety, and/or if the cottage food operator's "Class A" registration or "Class B" permit is suspended by the County of San Bernardino Environmental Health Services Department or is otherwise invalidated.

(k) The City may revoke a CFO permit if a condition in Section 30-272 is found to exist and/or if the cottage food operator's "Class A" registration or "Class B" permit is revoked or invalid.

(l) One off-street parking space shall be provided for one employee of the CFO.

Upon receipt of a complete application for a Director's determination, the project will be reviewed by Planning staff for the Director's approval.

A home occupation permit may be revoked if the Director of Community Development finds that any of the following conditions exist:

(1) That any condition of the permit has been violated or the activity is not carried on so as to conform to Section 30-272 for cottage food operations or to the findings in Section 30-270.

(2) That the use has become detrimental to the public health or safety or constitutes a nuisance.

(3) That the permit was obtained by fraud.

(4) That the use of which the permit was granted has ceased or was suspended for six or more successive calendar months.

(5) That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

(6) That a valid business license has not been obtained from the City within 30 days of approval in accordance with City requirements.

(7) If the business license and permit renewal application are not renewed within 30 days after expiration, the home occupation permit shall become null and void.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.