California Government Code §51035 requires Lincoln to allow Cottage Food Operations (CFOs) in residential dwellings. Lincoln treats CFOs as home occupations under LMC §18.62, requiring a Home Based Occupation permit plus a Class A or Class B registration with Placer County Environmental Health.
Gov. Code §51035 mandates that California cities allow cottage food operations in residential zones and choose one of three regulatory paths: permitted use, nondiscretionary permit based on reasonable standards (spacing/traffic/parking/noise), or discretionary use permit. Lincoln channels CFOs through the standard Home Based Occupation permit under LMC §18.62. Operators must also meet Health & Safety Code §113758 / §114365 cottage food rules: Class A CFOs sell directly to consumers and are capped at $75,000 in gross annual sales; Class B CFOs (also indirect sales to retailers) are capped at $150,000 (HSC §113758). Only foods on the CDPH-approved list (non-potentially hazardous baked goods, jams, dried foods, candies, etc.) qualify. Placer County Environmental Health handles state-required registration (Class A) or permit and inspection (Class B). CFOs may employ one full-time-equivalent non-family employee per HSC §113758.
Operating a CFO without a valid Placer County Environmental Health registration violates HSC §114365. Without a city Home Based Occupation permit, LMC §18.62 enforcement applies (citation/fines). Selling non-approved food products outside the CDPH cottage food list is a separate Health Code violation handled by Placer County.
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