Fresno Citywide Development Code Section 15-2735(E)(14) permits Cottage Food Preparation as a home occupation, subject to California Government Code 51035 and Health and Safety Code 113758, with preparation and storage inside the primary residence and no outdoor storage. Section 15-2735(H) lists 27 specific businesses that are prohibited as home occupations, including auto repair, restaurants, retail sales, and commercial food handling other than cottage food.
Under Fresno Municipal Code (Citywide Development Code) Section 15-2735(E)(14), Cottage Food Preparation is permitted subject to compliance with California Government Code 51035 and Health and Safety Code 113758; food preparation and storage must be done within the primary residence, with no outdoor storage of material, and all activities must occur within the primary residence (not including the garage and/or accessory buildings). California Government Code 51035 (part of the California Homemade Food Act) requires cities and counties to allow cottage food operations in residences either as a permitted use, by nondiscretionary permit, or by use permit, and limits permit-review fees to the cost of review. California Health and Safety Code 113758 defines cottage food operations and the foods they may sell. Section 15-2735(H) separately lists 27 specific businesses that are not permitted as home occupations, including: adult-oriented business; ambulance services; automotive/vehicle repair, painting, body work, detailing or washing; vehicle sales with on-site storage; barber/beauty/nail salons, tattoo and body piercing (one-station shops by appointment excepted); animal boarding, grooming, breeding, or veterinary services; carpentry and cabinet-making; commercial food preparation other than cottage food; firearms manufacture or sales; massage parlors; medical, dental and physical therapy offices; mini-storage; mortuaries; instructional services for more than three students at one time; print/copy shops; restaurants; retail sales; tanning and towing services; and welding or machining businesses.
Operating a prohibited home occupation listed in FMC 15-2735(H), or running a cottage food operation that does not comply with Government Code 51035 and Health and Safety Code 113758, is a Development Code violation. Under FMC 15-6305 it is chargeable as a misdemeanor or infraction, with each day a separate offense, and state cottage food requirements remain independently enforceable by the county environmental health agency.
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