Pleasanton Zoning Code Ch. 18.105 Cottage Food Operations

The city is required by 2012 state laws AB 1616 (cottage food operations) and AB 2297 (California Retail Food Code) to allow cottage food operations in residential areas under specific circumstances. This chapter is intended to comply with state law, and adopt the reasonable standards allowed by state law to provide that cottage food operations in residential areas do not create unreasonable impacts.

(Ord. 2056 § 1, 2013)

Applications for cottage food operations shall be processed in accordance with the provisions of this chapter. (Ord. 2056 § 1, 2013)

An application for a permit to engage in a cottage food operation shall be filed with the zoning administrator on a form prescribed by the city and shall include the following information and maps:

A.

Name and address of the applicant, who must be the proposed cottage food operator (the individual who proposes to operate the cottage food operation in his or her private residence and is the owner of the cottage food operation) (see California Health and Safety Code Section 113758(b)(2));

B.

Statement of whether the applicant is the owner or a tenant of the property on which the use is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the application;

C.

Address or description of the property on which the use is proposed to be located;

D.

Copy of the permit issued by, or application submitted to, the Alameda County department of environmental health food safety division for the proposed cottage food operation;

E.

Description of whether the proposed use will include the involvement of: (1) a family member or household member of the cottage food operator, (2) a paid or volunteer individual involved with the cottage food products who works for the cottage food operation (see California Government Code Section 113758);

F.

Statement of whether the proposed use will involve: (1) direct sales to customers of cottage food products at the property, (2) direct sales to customers off-site, (3) direct sales at temporary off-site events such as holiday bazaars, bake sales, food swaps, farm stands, etc., (4) indirect sales to third party retailers at the property, (5) indirect sales to third party retailers off-site, and (6) any other mode(s) or location(s) of sales;

G.

Statement of whether any applicable covenants, conditions or restriction applicable to the property allow cottage food operations or similar home occupations;

H.

Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a permit, prescribed in Section 18.105.050 of this chapter;

An accurate scale building drawing of the residence showing: (1) areas registered and permitted by, or areas shown on application submitted to, the Alameda County department of environmental health food safety division for cottage food preparation, packaging and related exclusive storage, (2) all doors and exits, (3) all vehicle parking spaces;

J.

An accurate scale drawing of the site showing property lines, existing streets, structures, driveways, pedestrian walks, and on-and off-site parking and loading areas; K.

The zoning administrator may require additional information, plans and drawings if they are necessary to determine whether the proposed use will comply with all of the applicable provisions of this chapter. The zoning administrator may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.

Applicant has the right to request a fee verification for any fee paid pursuant to this chapter. (See California Government Code Section 51035.)