Article II — Cottage Food Operations

A "cottage food operation," as that term is defined in California Health and Safety Code Section 113758(a) , as may be amended from time to time, is permitted in the zones enumerated in Section 18.40.040(C)(1) subject to the procedures and requirements of this article.

• A. An application shall be filed on a form prescribed by the city and shall include, but not be limited to, the following:

  1. The applicant name, household member names and address. Name, address and contact information for the property owner, landlord, homeowners' association or management company, as well as the signature to consenting to the use;

  2. A copy of the "Self Certification Checklist" registration for a Class A operation or a Class B permit issued by the Los Angeles County department of public health environmental health division;

  3. Name of each individual involved and/or employed, whether they are a family member of the operator and the number of vehicles registered to the address and license plate number;

  4. Statement of whether the proposed use will involve "direct sales" known as a Class A Permit or "indirect sales" known as a Class B Permit as those terms are defined in the California Health and Safety Code Section 113758(b) as may be amended;

  5. Frequency of loading and deliveries and anticipated consumer or third party retailer visits to the subject residence;

  6. A scaled site plan showing: (a) location of all the structures on-site, (b) all vehicle parking spaces for the home or complex, (c) all delivery and/or loading areas, (d) the location of streets and property lines, driveway, pedestrian walkways, etc.;

  7. A scaled floor plan showing: (a) all rooms for structures on-site, (b) areas registered and/or permitted by Los Angeles County department of public health environmental health division for cottage food preparation, packaging and related exclusive storage, (c) all doors and exits, (d) location of fire extinguishers, etc.;

  8. Applicant shall pay a processing fee as established by resolution of the city council.

• B. Action of Zoning Administrator. Within sixty days after submittal of a complete application and fee as required by this section the zoning administrator shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California Government Code Section 51035 , as may be amended from time to time. The zoning administrator shall grant the cottage food operations permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth in this article. Notwithstanding the foregoing, the zoning administrator, in his or her discretion may condition approval of the use upon the cottage food operation's compliance with any additional reasonable standards related to spacing and concentration, traffic control, parking or noise which the zoning administrator, in his or her sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. The decision of the zoning administrator shall be in writing and supported by reasonable findings. Any action of the zoning administrator may be appealed to the planning commission pursuant to Chapter 18.64 of this code.

• (Ord. 1085 § 4, 2014)

• A. Cottage food operations must meet the following requirements:

  1. The applicant must be the "cottage food operator," as that term is defined in California Health and Safety Code Section 113758(b) as may be amended from time to time.

  2. Cottage food operations shall not be located within one thousand feet of the property line of another cottage food operation or located within the same building, apartment complex or other multifamily housing development.

  3. Only one cottage food operation occupancy permit is permitted by address.

  4. The cottage food operation permit 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.

  5. Traffic Control.

     • a. Parking.

       • i. For single-family homes, parking spaces in the property's garage or carport and driveway must be available for the actual parking demand created by the use, including parking spaces for the household member's vehicles and a parking space for an employee if an employee is present.

       • ii. 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 household member's 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 all of the following that apply: the property owner, landlord, homeowners association or property manager.

       • iii. The cottage food operation shall not result in any appreciable increase in traffic, pedestrian or vehicular.

  • b. The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of eight a.m. and seven p.m. and indicate where on-site loading and deliveries will be made. For multifamily developments, the cottage food operator must obtain written consent from all of the following that apply: the property owner, landlord, homeowners association or property manager.

  • c. The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle or idle at any time.

  • d. Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of eight a.m. to five p.m., Monday through Saturday.

  • e. Visitors shall not be allowed to queue or wait outside of the residence containing the cottage food operation at any time, either on foot or in vehicles.

6. Outdoor sales at the residence containing the cottage food operation are prohibited.

7. Cottage food operations shall not create noise levels in excess of those allowed in Chapter 8.40 of the Pico Rivera Municipal Code and the Pico Rivera general plan.

8. The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located.

9. The cottage food operator shall not employ more than one full- or part-time employee other than a family household member.

10. External use of material or equipment not recognized as being part of the normal practices in the residential zone are prohibited.

11. Equipment which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses are prohibited.

12. On-site advertising is prohibited.

13. Operations shall not exceed the use of more than fifteen percent of the ground floor building area in which it is located or that area as permitted by the Los Angeles County department of public health environmental health division, whichever is greater.

14. The area outside the dwelling shall not be used for the operation in any manner whatsoever, except for one six thousand pound vehicle used in connection with the operation of the home occupation required to be completely stored in the garage.

15. On-site dining or tasting events for customers are prohibited.

16. Cottage food operations must comply with the restrictions on gross annual sales as set forth in California Health and Safety Code Section 113758 . In year 2014 sales cannot exceed forty-five thousand dollars and for 2015 and beyond, sales cannot exceed fifty thousand dollars. Should at any time sales exceed the maximum, the permit shall be void and sales may no longer be conducted at the property.

17. Cottage food operators must at all times maintain applicable tax returns or other proof of gross annual income.

18. A cottage food operation shall obtain and renew as required, an operating permit with the Los Angeles department of public health environmental health division.

19. Trash production shall not exceed that which otherwise is produced by normal residential activities.

20. Cottage food operators shall not conduct sales in an attached garage, detached accessory structure or outside of the dwelling.

• (Ord. 1085 § 4, 2014)

Per the California Health and Safety Code Section 114365 , an initial and no more than one annual inspection may be conducted for a Class B operator that conducts indirect sales. A Class A operator shall not be subject to initial or routine inspections. An inspection may be conducted for any cottage food operation on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation is in violation.

(Ord. 1085 § 4, 2014)

A permit to operate a cottage food operation obtained under this section is revocable at any time by the zoning administrator if any of the following conditions exist:

• A. That the condition of the cottage food operation permit or provision for 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 8.16 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.

The zoning administrator shall provide the permit holder with at least ten days' prior written notice of the grounds for the proposed revocation. Within ten days of receipt of the notice of revocation the permit holder may request a hearing before the zoning administrator to contest the revocation of the permit. Upon the receipt of a request for hearing, the zoning administrator shall schedule a hearing with the permit holder within a reasonable time. Within fifteen days after the hearing the zoning administrator shall issue a written decision to the permit holder. The decision shall be supported by findings.

(Ord. 1085 § 4, 2014)

Appeals. Any final action of the zoning administrator made under this article may be appealed pursuant to Chapter 18.64 of the Pico Rivera Municipal Code. (Ord. 1085 § 4, 2014)