Chapter 17.89 — COTTAGE FOOD OPERATION PERMITS

The city council adopts this chapter pursuant to California Health and Safety Code Section 51035. Its purpose is to prescribe reasonable land-use standards, restrictions and requirements concerning space and concentration, traffic control, parking and noise control relating to cottage food operations. Its purpose is also to establish an economical process consistent with state law for obtaining a use permit to operate a cottage food operation in conformance with such standards, restrictions and requirements. Its purpose is not to license, certify or otherwise regulate the quality and safety of food products provided by cottage food operations and those who operate them, which is governed exclusively at the county level by the department of environmental health.

(Ord. No. 1058, § 2, 12-11-13)

A.

A cottage food operation, as defined in California Health and Safety Code Section 113758, must obtain a use permit prior to operation within the city.

B.

Applications for use permits to operate a cottage food operation shall be made to the city's community development director or his or her designee, who shall specify the form of said applications consistent with this section. At a minimum, application forms shall indicate all of the following:

1.

Type(s) of food to be produced at the cottage food operation;

2.

Number of employees;

3.

Completed and approved County registration/permitting form;

4.

Completed County self-certification checklist (for Class "A" only);

5.

County registration number or county permit number;

6.

Proof that the applicant is in lawful possession and control of the real property proposed to be used as a cottage food operation; and

7.

Proof that the applicant has a valid business license.

(Ord. No. 1058, § 2, 12-11-13)

There is established an application fee of two hundred ten dollars ($210.00) for the review and processing of applications for use permits pursuant to this chapter.

That fee shall be revised when the city deems it necessary. Said fee shall not exceed the city's cost of administering the review and permit process.

(Ord. No. 1058, § 2, 12-11-13; Ord. No. 1117, § 1, 2-14-18)

Not less than ten (10) days prior to the date on which the decision will be made on the application, the planning director or his or her designee shall give notice of the proposed use by mail or delivery to all abutting property owners to the north, south, east, and west of the subject site, including those lots located across the street from the proposed cottage food operation. A copy of the notice shall also be sent to the applicant. The notice shall inform its recipient that no hearing shall be held before a decision on the application unless requested by the recipient.

(Ord. No. 1058, § 2, 12-11-13; Ord. No. 1117, § 1, 2-14-18)

After proper notice has been given to affected property owners pursuant to Section 17.89.040, the planning director or his or her designee shall render a decision on the application. Unless requested by the applicant or other affected person, no hearing shall be held on the application before a decision is made. The application shall be approved if all of the following standards and requirements are met:

A.

Space and Concentration. Properties proposed for use as cottage food operations shall be located no closer than six hundred (600) feet in all directions from another cottage food operation, subject to an application for an exception to said six hundred-foot distance which may, after a public hearing and notice to the adjacent property owners in accordance with Section 17.89.040 of this chapter, cause a reduction of no more than two hundred (200) feet from another cottage food operation.

B.

Traffic Control. A maximum of one cottage food operation per dwelling unit may be permitted.

C.

Parking. One off-street parking space shall be provided for the dwelling unit proposed for a cottage food operation. A nine-foot by nineteen-foot parking space on a residential driveway will satisfy the parking requirement.

D.

Noise Control. Operation of the facility shall comply with all provisions of Title 7 of this code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist.

E.

Signage. No signs or other exterior markings identifying a cottage food operation shall be allowed on the applicant's home.

F.

Residency. The applicant must be a primary resident of the home that is proposed as a cottage food operation.

G.

Contact Person. The current name and telephone number of the applicant of the cottage food operation shall be on file with the community development department at all times.

H.

County registration/permit. All appropriate registration/permits from the county department of environmental health shall be obtained prior to commencing operation of any cottage food operation in the city.

I.

Building and Fire Code Compliance. Consistent with Section 51035 of the Health and Safety Code, the proposed cottage food operation must comply with all building and fire code provisions applicable to single-family residences.

J.

Residential Zoning. No use permit shall be issued unless the dwelling unit proposed to be used as a cottage food operation is located on a lot zoned RS (residential single family) or RM (multiple-family residential) under this title.

K.

Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used as a cottage food operation.

L.

Employee. Notwithstanding the city of Coachella home occupation regulations of the Municipal Code Chapter 17.58, a maximum of one employee, not including a family member or household member of the cottage food operator, may be allowed within the registered or permitted area of a private home where the cottage food operator resides.

M.

Home Occupation Standards. No use permit shall be issued unless the applicant complies with Municipal Code Section 17.58.010(B) subsections (2), (4), (5), (6), (7), and (8).

(Ord. No. 1058, § 2, 12-11-13; Ord. No. 1117, § 1, 2-14-18)

The applicant or other affected person may appeal the decision to grant or deny an application for a use permit pursuant to this chapter to the planning commission. The planning commission's decision shall be final unless the matter is called up for review by the city council. The appellant shall pay the city's costs, if any, of processing and conducting the appeal. The amount of such costs shall be estimated in advance by the planning director or his or her designee and the appellant shall deposit said amount with the city before the city will process the request for an appeal. If at the end of the appeal, the city's actual costs were less than the estimate, then the city shall refund the unused portion of the deposit to the appellant. In the event that the city's costs exceeded the amount of the deposit, then the appellant shall pay the amount of the difference to the city.

(Ord. No. 1058, § 2, 12-11-13)

If a cottage food operation possessing a use permit ceases to operate for a period greater than three hundred and sixty consecutive days or its county registration or permit expires, whichever occurs first, then its use permit shall be considered null and void. Permits are nontransferable.

(Ord. No. 1058, § 2, 12-11-13)

A.

Upon determination by the Planning director that the holder of a cottage food operation use permit has not complied with all of the standards and requirements of this chapter, especially Section 17.89.050, the planning director may require the use permit to be reviewed by the planning commission at a public hearing. A noticed public hearing to review the use permit is mandatory when the city receives six substantiated complaints alleging violations of this chapter.

B.

If the planning commission determines that the holder has failed in a material way to comply with all of the standards and requirements of this chapter, then the planning commission may suspend or revoke the permit or may, in its discretion, impose additional reasonable standards and requirements consistent with state law, based on findings derived from testimony and evidence presented at the public hearing.

(Ord. No. 1058, § 2, 12-11-13)

Any cottage food operation operating in the city on the effective date of the ordinance codified in this chapter shall apply to the city for a use permit pursuant to this chapter within thirty days after the effective date of the ordinance codified in this chapter, by filing with the city a copy of their existing registration or permit provided by the county of Riverside. Such permits shall be issued by the city without further notice or hearing. Such homes may continue to operate during the city's processing and receipt of these applications. Any such home not applying to the city within thirty days after the effective date of the ordinance codified in this chapter shall be considered a nuisance and be abated.

(Ord. No. 1058, § 2, 12-11-13)

Operation of a cottage food operation pursuant to this chapter is a privilege, not a right. Any cottage food operation operating in the city without a valid use permit as required by this chapter is prohibited and is both a misdemeanor and a public nuisance. The nuisance may be enjoined or otherwise abated by the city in the manner prescribed by Title 3 of this code and any other applicable provision of state or local law.

(Ord. No. 1058, § 2, 12-11-13)