CHAPTER 15
COTTAGE FOOD
(Added by O-3852)
415.1.010 COTTAGE FOOD HOME OCCUPATIONS.
Where allowed by Article 18 of Chapter 2 of Division 9, cottage food home occupation businesses shall comply with the regulations of this Section in addition to those regulations set forth and enforced by the County of Los Angeles Department of Public Health.
415.1.020 PURPOSE.
The requirements of this Section are intended to:
a) Implement the California Homemade Food Act (AB 1616).
b) Recognize that a residential property owner or resident has a limited right to conduct an unobtrusive cottage food home occupation business from his or her residence, and recognize that the business should be conducted in such a manner that has little to no impact on surrounding residents.
c) Preserve the residential character of residential neighborhoods where cottage food home occupations operate.
d) Prevent the operation of a cottage food home occupation business from transforming a residential neighborhood into a commercial one.
e) Administer well-articulated operating standards and minimum site standards to implement a predictable permitting process for the establishment of cottage food home occupation businesses.
f) Institute the zoning clearance planning approval process for the approval of all cottage food home occupation businesses in addition to the required business license application.
415.1.030 APPROVAL PROCESS.
a) A cottage food home occupation business license application and a zoning clearance application shall be submitted on forms provided by the City of Torrance Community Development Department Planning Division and Finance Department Business License Division. Upon submittal, the Community Development Director or his/her designee will review the home occupation permit zoning application at the public counter and may require additional information to confirm full compliance with this Chapter. A site plan/floor plan of the residence shall be provided to the Planning Division to demonstrate an adequate parking space for the one (1) full-time equivalent employee allowed pursuant to Health and Safety Code Section 113758(a) is provided and that the rooms dedicated to the cottage food home occupation are limited to the kitchen plus one additional room (including storage).
b) Prior to the issuance of the city business license, the Finance Director or his/her designee will verify that the applicant supplied written proof that the cottage food home occupation business has been registered with the Los Angeles County Department of Public Health and has received either a "Class A" registration or a "Class B" permit.
c) Applicant shall pay zoning clearance and cottage food home occupation business license fees associated with the City’s review and processing of the applications. Said fees shall not exceed the City’s cost of administering the review and permitting processes.
d) If the applications do not comply with the provisions set forth in this Chapter, the Community Development and/or Finance Directors may deny the applications, or a revision may be required in order to meet the provisions of this Chapter prior to approval of the application.
e) Approval granted by the City for the operation of a cottage food home occupation business may be revoked by the City if at any time the use is found to be out of compliance with the provisions of this Chapter or County of Los Angeles Department of Public Health requirements.
f) Cottage food home occupation zoning clearances are nontransferable.
415.1.040 PERFORMANCE STANDARDS.
A cottage food home occupation shall be allowed to operate from a legally established residential dwelling unit as an accessory use to the primary residential use of the dwelling; provided, that the use complies with all of the following performance standards:
a) Location Requirements.
1) A cottage food home occupation business shall be allowed to operate from a legally established single-family or multifamily residential dwelling unit located in the applicable zones identified in Article 18 of Chapter 2 of Division 9.
2) If the cottage food home occupation business operator is not the owner of the residence where the business will be conducted, the property owner’s or apartment manager’s written authorization shall be submitted with the application for a cottage food home occupation.
3) If the cottage food home occupation business will be conducted in a residential dwelling located within a development subject to homeowners association CC&Rs, the applicant shall provide written authorization from the HOA.
4) Each cottage food home occupation business license applicant shall demonstrate on a site plan at least one (1) adequate parking space is available to accommodate an adequate parking space for the one (1) full-time equivalent employee allowed pursuant to Health and Safety Code Section 113758(a). This required parking space shall not impede vehicular traffic or circulation, and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a designated guest parking space within a multifamily development may satisfy this requirement.
b) Operating Standards.
1) Cottage food home operations existing prior to the ordinance codified in this chapter must obtain zoning clearance approval and a business license within thirty (30) days of the effective date of the ordinance.
2) Cottage food home occupation businesses shall not operate before securing all required permits and approvals from the County of Los Angeles Department of Public Health.
3) The cottage food home occupation use shall utilize only the kitchen and one (1) additional room inside the residence (including storage areas), which have been permitted and inspected by the County of Los Angeles Department of Public Health.
4) A cottage food home occupation business is permitted to produce foods that are defined as "non-potentially hazardous" by the State of California Department of Public health. A current list of approved cottage food products is maintained on the California Department of Public Health’s website and may be updated from time to time.
5) The cottage food operator must be a primary resident of the home where the cottage food home occupation business operates. A maximum of one (1) full-time employee, exclusive of family/household members, may be employed by the cottage food home occupation business at the residence.
6) A cottage food home occupation business is permitted to conduct direct sales (as defined by Health and Safety Code Section 113758) from the home between the hours of 9:00 a.m. and 5:00 p.m. daily.
7) Direct sales from the home shall not be conducted from an attached garage, accessory residential structure, or any place outside of the residential dwelling.
8) On-site dining and customer loitering is prohibited. No more than one (1) customer may be allowed at the site at any given time.
9) At least one (1) off-street parking space, as dimensioned in Chapter 3 of Division 9, is required to accommodate customers and deliveries. This required parking space shall not impede vehicular traffic or circulation, and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a designated guest parking space within a multifamily development may satisfy this requirement.
10) Operation of the cottage food home occupation business shall not occupy any required parking for the residential dwelling, i.e., required garage parking.
11) Delivery and loading vehicles shall not illegally park or sit idling, and shall not impede vehicular traffic or circulation at any time.
12) The cottage food home occupation business shall not generate obnoxious odors, fumes or emissions that are perceptible without instruments by a reasonable person at or beyond the property line of the site.
13) The cottage food home occupation business shall comply with the noise standards for residential zones as identified in Article 7 of Chapter 6 of this Division and any other noise standards found in Chapter 6 of this Division.
415.1.050 PILOT PROGRAM.
a) The City Council establishes a two (2) year pilot program for the Seaside Ranchos holiday light display area. The area is bounded by Sepulveda Boulevard, Anza Avenue, Calle Mayor, Pacific Coast Highway, the west boundary of South Redondo Beach, and Palos Verdes Boulevard.
b) The pilot program will run during the holiday season which is defined as from Thanksgiving Day 2019 through January 1, 2020, and Thanksgiving Day 2020 through January 1, 2021.
c) The pilot program will apply to residents in the Seaside Ranchos holiday light display area that possess:
1) Business license; and
2) Home occupation permit and either of the following:
A) A Class A cottage food operation registration from the Los Angeles County Department of Public Health; or
B) A Class B cottage food operation permit from the Los Angeles County Department of Public Health.
d) The residents that participate in the pilot program can sell only those food items on the approved list of cottage foods on the California Department of Public Health’s website as it may be amended from time to time.
e) The residents that participate in the pilot program may sell food items from their driveway.
f) The residents that participate in the pilot program may sell food items on the approved list of cottage foods from 9:00 a.m. to 9:00 p.m.
g) The residents that participate in the pilot program must display the following while selling food items from the approved list of cottage foods:
1) City of Torrance business license;
2) Home occupation permit;
3) One (1) of the following:
A) A Class A cottage food operation registration from the Los Angeles County Department of Public Health; or
B) A Class B cottage food operation permit from the Los Angeles County Department of Public Health.