Chapter 5.12
HOME BASED BUSINESSES
Sections:
5.12.020 Intent and regulations.
5.12.040 Notice to surrounding property owners.
5.12.050 Denial of application.
5.12.070 Fees set by resolution.
5.12.010 Definitions.
As used in this chapter:
“Commercial vehicle” means a vehicle customarily used as part of a business for the transportation of goods or people.
“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 that is operated by a cottage food operator in a private residence and has not more than one 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.
“Cottage food operator” means an individual who operates a cottage food operation in his or her private residence and is the owner of the cottage food operation.
“Cottage food products” means non-potentially hazardous foods as published by the county of San Bernardino and as may be modified from time to time, including, but not limited to, baked goods, candy, granola, jams and jellies, dried fruit, pasta and baking mixes, 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.
“Direct sales” 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 residence where the cottage food operation conducts business.
“Home occupations” means any occupation customarily conducted entirely within a dwelling by its inhabitants, the purpose being incidental to the use of the dwelling for dwelling purposes; and provided, that no article is sold or offered for sale except that produced by said inhabitants.
“Indirect sales” 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.
“Private residence” means a dwelling, including an apartment or other leased space, where individuals primarily reside.
“Reviewing authority” means the city manager or his designee who oversees the issuance of home occupation and cottage food operation permits. (Ord. 394 § 2, 2014; Ord. 56 § 1, 1989)
5.12.020 Intent and regulations.
A. Home Occupations.
1. Intent. The general purpose of this section is to set forth provisions by which home based businesses that are an accessory use to the primary residence may be established in private residences under conditions that will ensure their compatibility with the residential environment.
2. Applicability. The provisions of this section shall apply to all home occupations as defined in HMC 5.12.010.
3. Performance and Development Standards. Home occupation businesses shall be permitted within any private residence subject to compliance with 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 direct 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. The home occupation shall not involve the use of commercial vehicles for the transport of materials to or from the premises beyond those commercial vehicles typically associated with residential uses.
e. A maximum of 250 square feet or 25 percent of the residence, whichever is greater, shall be utilized for storage of materials, supplies or equipment related to the home occupation.
f. There shall be no outdoor storage or visible storage of materials, supplies or equipment from outside of the home.
g. Not more than two rooms within the dwelling shall be utilized for the home occupation business, inclusive of an attached or detached enclosed garage. No outdoor space shall be used for home occupation purposes.
h. 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, signs, sounds, noises, odors, vibrations or other means.
i. If the home occupation applicant is not the homeowner of the premises in which the home occupation will be conducted, written authorization from the property owner shall be provided.
j. Cottage food operations shall be exempt from these provisions and shall be governed by subsection B of this section.
B. Cottage Food Operations.
1. Intent. The general purpose of this section is to comply with California State Law Assembly Bill 1616 (AB 1616, approved September 21, 2012) which allows individuals to prepare and/or package certain non-potentially 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.
2. Applicability. The provisions of this section shall apply to all cottage food operations as defined in HMC 5.12.010.
3. Performance and Development Standards. Cottage food operations shall be permitted in any private residence subject to compliance with the following conditions:
a. No cottage food operation shall be allowed to operate without first securing all required permits and approvals from the San Bernardino County department of public health and the city.
b. Not more than one employee, paid or voluntary, not including an immediate family member or resident of the household of the cottage food operator, shall be employed by the cottage food operation.
c. Sales performed from the private residence shall be allowed subject to the following conditions:
i. No outdoor sales shall be permitted on the premises.
ii. Customer vehicles shall not impede vehicular or pedestrian traffic, block a driveway or sidewalk, or sit idling at any time.
iii. No on-site dining or loitering shall be permitted.
iv. On-site sales shall be limited to Monday through Sunday between the hours of 8:00 a.m. and 8:00 p.m.
d. Delivery and loading shall be subject to the following conditions:
i. Deliveries and loading shall be limited to Monday through Friday between the hours of 7:00 a.m. to 8:00 p.m. No deliveries or loading shall be permitted on Saturday or Sunday.
ii. Delivery and loading vehicles shall not impede vehicular or pedestrian traffic, block a driveway or sidewalk, block or occupy areas designated for emergency apparatus or sit idling at any time.
iii. Cottage food operations participating in indirect sales to third-party retailers shall not use third-party delivery services to deliver food products to the retailer.
iv. Delivery and loading vehicles shall not occupy or block access to required parking for the private residence.
e. Not more than two rooms within the private residence, one of which shall be the kitchen, that have been registered or permitted with the San Bernardino County department of public health shall be utilized for the food cottage operation, inclusive of an attached or detached enclosed garage. No outdoor space shall be used for cottage food operation purposes.
f. A maximum of 250 square feet or 25 percent of the private residence, whichever is greater, shall be utilized for storage of materials, supplies or equipment related to the cottage food operation.
g. There shall be no outdoor storage or visible storage of materials, supplies or equipment.
h. In no way shall the appearance of any private residence or the conduct of the cottage food operation within the private residence 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, signs, sounds, noises, odors, vibrations or other means.
i. The cottage food operation shall comply with the health and safety requirements set forth in the California Health and Safety Code Section 114365, et seq. If any imminent health hazard is found, the permit for operation of the cottage food business shall be suspended or revoked.
j. If the cottage food operator is not the homeowner of the private residence in which the cottage food operation will be conducted, written authorization from the property owner shall be provided.
k. Home occupations shall be exempt from these provisions and shall be governed by subsection A of this section. (Ord. 394 § 3, 2014; Ord. 56 § 2, 1989)
5.12.030 Voiding of permit.
The reviewing authority may void any home occupation permits for noncompliance with the conditions set forth in approving the permit and shall give notice of such action to the permittee. (Ord. 56 § 3, 1989)
5.12.040 Notice to surrounding property owners.
If the reviewing authority finds that the proposed use cannot meet the above guidelines he shall deny the permit request. If the proposed use can meet the criteria set forth in this chapter, he may give notice to all owners of contiguous property, making them aware of the character and scope of the proposed use and request their comments. (Ord. 56 § 4, 1989)
5.12.050 Denial of application.
A. The reviewing authority may deny an application if any conditions set forth are not met or if there are a sufficient number of valid protests.
B. Any person aggrieved by any decision of the reviewing authority with respect to the issuance or denial of a home occupation permit shall have the right to appeal to the city council through appropriate procedures. (Ord. 56 § 5, 1989)
5.12.060 Misrepresentation.
It shall be unlawful for any person to violate any provision of this chapter, or knowingly or intentionally misrepresent to any officer or employee of this city any material fact in procuring a home occupation permit. (Ord. 370 § 19, 2012; Ord. 56 § 6, 1989)
5.12.070 Fees set by resolution.
Every person required to obtain a home occupation permit from the city of Highland shall pay a permit fee as prescribed by resolution. (Ord. 285 § 9, 2003)