California Government Code

§ 51035

GOV § 51035 Effective Jan 1, 2013Div. 1 · Title 5 · Part 1 · Ch. 6.1

Statute text

(a)A city, county, or city and county shall not prohibit a cottage food operation, as defined in Section 113758 of the Health and Safety Code, in any residential dwellings, but shall do one of the following:

(1)Classify a cottage food operation as a permitted use of residential property for zoning purposes.

(2)Grant a nondiscretionary permit to use a residence as any cottage food operation that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to those homes. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan. The permit issued pursuant to this paragraph shall be granted by the zoning administrator, or if there is no zoning administrator, by the person or persons designated by the planning agency to grant these permits, upon the certification without a hearing.

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Legislative history

Added by Stats. 2012, Ch. 415, Sec. 2. (AB 1616) Effective January 1, 2013.