Chapter 12 — 29B. COTTAGE FOOD OPERATIONS

Section 12-29B.01. Intent.

This chapter is intended to implement State law permitting cottage food operations when located in a private home, and authorizing cities to impose specified, additional zoning regulations on these uses.

(Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.02. Permitted.

Cottage food operations, in accordance with the regulations contained herein, are permitted in private homes. These regulations are in addition to the standards applicable to other uses permitted in the zoning district where such private homes are located and non-zoning requirements of the Municipal Code, including but not limited to those in Titles 4 and 5. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.03. Definitions.

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

"Cottage food employee" means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

"Cottage food operation" means an enterprise as set forth in Subdivision (a) of Section 113758 of the Health and Safety Code.

"Cottage food operator" means an individual who operates a cottage food business in his or her private home and is the owner of the cottage food operation.

"Cottage food products" means nonpotentially hazardous foods, including foods that are described in Section 114365.5 of the Health and Safety Code and that are prepared for sale in the kitchen of a cottage food operation.

"Direct sales" means a transaction between a cottage food operator and a consumer, where the consumer purchases cottage food products made by the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, certified farmer's markets, and transactions occurring in person at the private home where the cottage food operation conducts business.

"Private home" means a dwelling, including an apartment or other leased space, where individuals reside. A private home may be located in a residential or nonresidential zone if it is legally established or legally nonconforming. A "private home" does not include any dwelling that is illegal to use for residential living purposes.

"Registered or permitted area" means the portion of a private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.04. County Environmental Health Services approval.

As required by State law, no cottage food operation shall be allowed to operate without first registering and/or obtaining approval from the Environmental Health Services Division of the Santa Barbara County Public Health Department as a Class A or Class B cottage food operation. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.05. Employees.

As required by State law, no more than one full-time equivalent cottage food employee, not including an immediate family member or household member(s) of the cottage food operator, shall be

employed by the cottage food operation. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.06. Traffic Control, Parking and Noise Control Measures.

In order to prevent the operation from creating situations or impacts related to traffic, parking and noise, beyond that which is normal, expected, and consistent with the general welfare in a residential area, a cottage food operation shall comply with the following criteria:

• (a) Direct sales occurring from the private home, and deliveries or loading/unloading activities, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily.

• (b) No more than 20 employee, consumer or delivery vehicle trips in the neighborhood that are related to the operation may be generated in a 24-hour period.

• (c) Any vehicles associated with the operation, including but not limited to deliveries and customer vehicles, shall park in legal parking spaces and shall not impede vehicular or pedestrian traffic or block a driveway or sidewalk.

• (d) There shall be no on-site consumption of products other than small samples.

(e) There shall be no outdoor storage or display in conjunction with any cottage food operation. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.07. Space used.

As required by State law, only the kitchen and attached room(s) inside the private home that have been registered or permitted with the Environmental Health Services Division of the Santa Barbara County Public Health Department shall be used for the operation, including storage, of the business. An unattached garage or accessory structures shall not be used for the cottage food operation, including storage.

(Ord. 2014-04, eff. 8/14/2014)