Whittier expressly permits a 'cottage food operation' as defined in California Health & Safety Code 113758(a), but WMC 18.10.020 requires a City permit filed with the zoning administrator. The operation must conform to residential setbacks, signage and noise rules (Ch. 8.32), allow no outdoor sales, and not let customers queue outside.
California's Homemade Food Act (AB 1616), codified at Health & Safety Code 113758, requires cities to treat a registered or permitted cottage food operation as a permitted home occupation in residential zones and limits the conditions a city may impose. Whittier implements this within Whittier Municipal Code Section 18.10.020. The City code states that a 'cottage food operation,' as defined in California Health & Safety Code 113758(a), is permitted, provided that an application for a permit to engage in a cottage food operation is filed with the zoning administrator on a form prescribed by the City. The published conditions include: the operation must conform to all applicable federal, state and municipal laws and regulations applicable to the residential area, including setbacks and signage; it must not create noise in excess of what is allowed in the applicable residential areas under the General Plan noise element or Chapter 8.32 (Noise Control) of the Whittier Municipal Code; there shall be no outdoor sales at any time at the residence; and visitors shall not be allowed to queue outside the residence at any time, on foot or in vehicles. The permit is revocable at any time by the final approving authority if the business is found in non-compliance with any condition of approval or any applicable local or state law. A cottage food operator must still obtain the state-required registration (Class A) or permit (Class B) from the Los Angeles County Department of Public Health and a City business license. The City's noise and queuing conditions track what HSC 113758 allows a local jurisdiction to regulate.
Running a cottage food operation in Whittier without the required City zoning-administrator permit, or violating its conditions - outdoor sales, customers queuing outside, excess noise under Chapter 8.32, or non-conforming signage - can lead to revocation of the permit and zoning code enforcement, in addition to any LA County Public Health enforcement of the state CFO registration or permit.
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