Daly City's zoning excludes general 'food preparation' as a home occupation, but state law overrides: residents can run a county-permitted Microenterprise Home Kitchen Operation (MEHKO) or a state cottage food operation. DCMC Sec. 17.36.020 expressly removes MEHKOs from the home occupation rules, deferring to state and San Mateo County permitting.
DCMC Sec. 17.36.040 lists 'food preparation' among occupations that cannot be a Daly City home occupation. However, Sec. 17.36.020 (amended by Ord. No. 1453, 11-22-2021) states that any Microenterprise Home Kitchen Operation as defined by California Health and Safety Code Sec. 113825 is not a home occupation and 'shall instead be permitted to operate subject to state and county laws and guidelines.' Under HSC Sec. 113825, a MEHKO is a home food facility limited to no more than 30 individual meals per day and 90 per week, with no more than $100,000 in verifiable gross annual sales, selling directly to consumers. The city's MEHKO page directs residents to obtain an operating permit from San Mateo County Environmental Health Services and to register as a local business with Daly City. Separately, California Government Code Sec. 51035 bars cities from prohibiting cottage food operations (HSC Sec. 113758) in residential dwellings; CFOs register with San Mateo County Environmental Health and sell only approved non-potentially-hazardous foods.
Preparing and selling food from a home without a San Mateo County MEHKO permit or cottage food registration falls back into the 'food preparation' exclusion of DCMC Sec. 17.36.040 and is an unlawful home occupation, subject to permit denial or revocation and code enforcement. County health permits can also be suspended or revoked for violating the California Retail Food Code.
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