Los Banos City Zoning Code
ARTICLE 39
COTTAGE FOOD OPERATION
§ 9-3.3901 Definition and purpose.
The definition and purpose of cottage food operation shall be as described in Section 9-3.201 of this chapter.
(§§ 2, 3, Ord. 1108, eff. July 5, 2013)
§ 9-3.3902 Permit required.
No person may operate within the City without first having in his or her possession a cottage food operation permit issued by the City in accordance with this chapter. No permit granted herein shall confer any vested right to any person or business for more than the permit period. All cottage food operations shall comply with the provisions of this chapter as they may be amended hereafter.
The operation of a cottage food operation shall be permitted in all private homes subject to the criteria and conditions as established.
(§§ 2, 4, Ord. 1108, eff. July 5, 2013)
§ 9-3.3903 Permit period.
All cottage food operation permits issued by the City to operate in private homes pursuant to Section 9-3.3902 shall be limited to a permit period of one calendar year.
(§§ 2, 5, Ord. 1108, eff. July 5, 2013)
§ 9-3.3904 Application for permit to operate.
A person desiring to run a cottage food operation shall submit a written application for a permit to operate in a form acceptable to and with all supporting information required by the Community Development Department. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid yearly for such renewal applications. The permit is to be on the premises at all times. Permits to operate are nontransferable.
(a)
Every cottage food operation shall obtain a City of Los Banos business license.
(b)
As part of the permit to operate application, the applicant shall provide the following:
(1)
All items as required on the Los Banos Uniform Application.
(2)
Two pictures of the front exterior of the home, showing the driveway and off street parking locations.
(3)
Two pictures of the home kitchen, preparation and storage area for the cottage food operation.
(4)
A site plan, including sufficient parking for the employee and customers.
(c)
The following may constitute grounds for denial of a permit to operate or a renewal application:
(1)
The proposed cottage food operation does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety and health regulations;
(2)
The applicant has knowingly made a material misstatement in the application for a permit to operate;
(3)
Failure to obtain registration from Merced County Environmental Health;
(4)
Failure to complete California Department of Public Health (CDPH) approved food processing course;
(5)
Failure to submit copy of Merced County Environmental Health permit registration to the Community Development Department;
(6)
Violation of criteria or conditions from previous cottage food operation permit.
(d)
The Planning Commission shall be the decision making authority for any initial application of a permit to operate. The Community Development Director or designee shall be the decision making authority for any renewal application of a permit to operate.
(§§ 2, 6, Ord. 1108, eff. July 5, 2013)
§ 9-3.3905 Criteria.
The following criteria shall apply to cottage food operations in addition to other conditions of approval as may be added through the permit process:
(a)
Each cottage food operation shall conform to all State and County laws, regulations and requirements.
(b)
Foods allowed for the cottage food operation must be in accordance with those listed as "approved" foods by the California Department of Public Health (CDPH).
(c)
The operator of a cottage food operation shall reside within the residential unit used for such activity as their primary residence.
(d)
No more than 25% of the private dwelling may be utilized for the cottage food operation.
(e)
Only the home kitchen, meaning that which is primarily intended for use by the residents of a home may be utilized for preparation of cottage food operations.
(f)
No physical conversions or alterations to the residential nature and character of the residential unit where a cottage food operation is being conducted shall be allowed in conjunction with the cottage food operation.
(g)
No portion of any building other than the primary residence may be utilized for any aspect of the cottage food operation.
(h)
No cottage food operation shall be located within three hundred (300′) feet of another such operation.
(i)
All cottage food operations shall conform to the requirements and restrictions of the Los Banos Municipal Code Noise Control.
(j)
Only those individuals residing within the residential unit, as their primary residence, shall participate in a cottage food operation, except for a full-time equivalent employee.
(k)
Customers of any cottage food operation shall be prohibited from consuming any products purchased from the cottage food operation on the property where such product was produced.
(l)
Where a cottage food operation is conducted from a residential unit within a multi-family residential complex, the operator of the cottage food operation shall police, clean and maintain the property with regard to discarded items that may result from the cottage food operation.
(m)
Violations of criteria and conditions of a cottage food operation shall result in the revocation of the business license and permit issued by the City of Los Banos.
(n)
No signage or advertising on the site is allowed.
(o)
Gross sales cannot exceed those limits as established by the State of California.
(p)
All persons who prepare or package cottage food products shall complete a food processor course instructed by the California Department of Public Health within the next three months.
Copies of each certificate issued are to be submitted to the Community Development Department within three months of permit issuance.
(§§ 2, 7, Ord. 1108, eff. July 5, 2013)
§ 9-3.3906 Conditions.
In addition to the criteria established in Section 9-3.3905, the Planning Commission may add conditions of approval related to spacing/concentration, parking, traffic control and noise control with the initial permit to operate. The conditions of approval established by the Planning Commission will be a requirement on all subsequent renewals and can only be modified by the Planning Commission after a public hearing.
(§§ 2, 8, Ord. 1108, eff. July 5, 2013)
§ 9-3.3907 Suspension/revocation of permit to operate.
(a)
Violation and noncompliance. The Community Development Director or designee may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section.
(b)
Revocation and suspension of permit to operate. When the City concludes that grounds for denial, suspension, revocation or refusal to renew a permit to operate exist, he or she shall serve the applicant or permit holder, personally or by certified mail, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit.
This notice shall state:
(c)
Appeals. The decision of the Community and Economic Development Director or designee or the Planning Commission may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§§ 2, 9, Ord. 1108, eff. July 5, 2013, as amended by §§ 14, 15, Ord. 1137, eff. October 2, 2015)