San Dimas City Zoning Code
CHAPTER 18
184 HOME BASED BUSINESSES
§ 18.184.010 General purpose.
The general purpose of this chapter is to set forth provisions by which home based businesses, that are an accessory use to the primary residence, may be allowed in all residential zones and specific plans that allow residential as a primary use, provided that they comply with the prescribed standards to minimize impacts to residential neighborhoods.
(Ord. 1224 § 1, 2013)
§ 18.184.020 Conditions designated.
Home occupations for profit may be engaged in any residential zone and specific plans that allow residential as a primary use, subject to the following conditions:
A.
There shall be no employment of help, other than members of the household that reside at the subject property.
B.
There shall be no sale of goods associated with the home occupation on the premises.
C.
The use shall not generate pedestrian or vehicular traffic above that which is typical of a residential neighborhood.
D.
There shall be no unsightly storage of materials or supplies.
E.
Not more than two rooms in the dwelling shall be occupied for "home occupation." However, an outbuilding of not more than two hundred square feet located in the rear yard, or an addition of not more than two hundred square feet to an existing or a permissible structure may be used for a home occupation in lieu of rooms in the main house. No outdoor space shall be so used.
F.
In no way shall the appearance of any structure or the conduct of the business within the structure be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, materials of construction, lighting, sounds, noises, odors, vibrations or other means.
G.
Signage shall be limited to one nameplate per unit displaying the name of the home occupation engaged in on the premises subject to the following conditions:
H.
If the home occupation applicant is not the homeowner of where the home occupation will be conducted from, the property owner's written authorization shall be provided with the home occupation permit application.
I.
Cottage food operations shall be exempt from these provisions and shall be governed by Article II of this chapter.
(Ord. 1224 § 1, 2013)
§ 18.184.030 Prohibited uses.
Home occupation permits shall not be granted for the following uses:
A.
Massage practices and massage technicians.
(Ord. 1224 § 1, 2013)
§ 18.184.040 Purpose.
The general purpose of this chapter is to comply with California State Law Assembly Bill 1616 (AB 1616) which allows individuals to prepare and/or package certain nonpotentially hazardous foods in private home kitchens, referred to as cottage food operations, and sell directly to the public on- and off-site. The intent of this chapter is to provide a permitting process to allow cottage food operations to comply with AB 1616, while protecting the integrity and character of existing residential neighborhoods.
(Ord. 1224 § 1, 2013)
§ 18.184.050 Definitions.
For purposes of this chapter, the following items are defined as follows:
means a cottage food operation that may engage only in "direct sales" of cottage food products from the cottage food operation or other direct sale venues.
means a cottage food operation that may engage in both "direct sales" and "indirect sales" of cottage food products from the cottage food operation, from direct sales venues, from off-site events, or from a third-party retail food facility.
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.
means an enterprise that is operated by a cottage food operator in a private home, classified as a Class "A" or "B," and has not more than one full-time employee, not including a family member or household member(s) of the cottage food operator, where cottage food products are prepared or packaged for direct or indirect sale to consumers.
means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.
means non-potentially hazardous foods that are prepared for sale in the kitchen of an approved cottage food operation. Foods containing cream, custard or meat fillings are potentially hazardous and are not allowed.
means a transaction between a cottage food operation 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.
means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be consumed on the premises.
means a dwelling, including an apartment or other leased space, where individuals primarily reside.
means the portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and one additional room within the home that is used exclusively for storage.
(Ord. 1224 § 1, 2013)
§ 18.184.060 Procedure.
A.
An application to operate a cottage food operation shall be submitted on forms provided by the planning division. Upon submittal, the director of development services may require additional information to show full compliance with this chapter and other regulations of the city.
B.
When the cottage food operator is not the owner of the residence where the business will be conducted, the property owner's written authorization shall be submitted with the application for a cottage food operation.
C.
After submittal of a completed application, the director of development services may approve the application, subject to the provisions of this chapter. If the application does not comply with the minimum provisions, the director of development services may approve in modified form to comply with provisions of this chapter, or deny the application.
D.
Approvals granted to operate a cottage food operation may be revoked by the city at any time if such use is found to be in non-compliance with provisions of this chapter.
(Ord. 1224 § 1, 2013)
§ 18.184.070 Standards of operation.
Cottage food operations shall be permitted in all single or multi-family residential zones and specific plans that allow residential as a primary use, and shall be subject to the following conditions:
A.
No cottage food operation shall be allowed to operate without first securing all required permits and approvals from the Los Angeles County department of public health and the city.
B.
Not more than one full-time employee, paid or voluntary, not including an immediate family member or household member(s) of the cottage food operator, shall be employed by the cottage food operation.
C.
Hours of operation shall be limited to Monday through Sunday between the hours of seven a.m. to eight p.m.
D.
Delivery and loading shall be subject to the following conditions:
1.
Deliveries and loading shall be limited to Monday through Friday between the hours of seven a.m. to eight p.m. No deliveries or loading shall be permitted on Saturday or Sunday.
2.
Delivery and loading vehicles shall not impede vehicular or pedestrian traffic, block a driveway or sidewalk, or sit idling at any time.
3.
Class B CFOs participating in indirect sales to third-party retailers shall not use third-party delivery services to deliver food products to the retailer.
E.
Operation of the cottage food operation shall not occupy any required parking for the private home.
F.
Only the kitchen and one additional room inside the private home that have been registered or permitted with the Los Angeles County department of public health shall be used for the operation, including storage, of the business. The garage or accessory structures shall not be used for the cottage food operation, including storage.
G.
In no way shall the appearance of any structure or the conduct of the cottage food operation within the structure be such that any portion of the premises may be reasonably recognized as serving a nonresidential use.
H.
Signage shall be limited to one nameplate per unit displaying the name of the cottage food operation engaged in on the premises subject to the following conditions:
I.
Cottage food operations shall not negatively impact surrounding properties by means of noise, odor or any other characteristic deemed inappropriate for residential uses. Noise levels shall not exceed those allowed by Chapter 8.36 of the city municipal code.
J.
Sales performed from the private home shall be allowed subject to the following conditions:
(Ord. 1224 § 1, 2013)