Home Based Businesses: Cottage Food Operations

Home based businesses like a cottage food operation are a popular means to generate income. A large advantage being not having a commute to and from a workplace eliminating wasted time and reducing expenses.

Home Based Businesses: Cottage Food Operations

While this sounds ideal, it is not without limitations. In California, cottage food operations are authorized by Government Code §51035 and must comply with Land Development Code §141.0308.

Limitations imposed

Cities and Counties often impose limitations on what locations and types of businesses that one may operate.

In San Diego, a home business is only permitted as an accessory use to a residence. This means a home cannot be used as a business alone, one must live in the residence and operate the home business secondary to it being their residence.

Signs are not permitted and advertising for the home based business cannot include the address. Off-street parking can also not be reduced from the home based business operation.

If products are sold as part of the home based business, they must be produced by hand, grown at the residence, or prepared within a kitchen that meets standards for cottage food operations in a dwelling unit under Health and Safety Code §114365.

Requirements for materials or products

Materials or products associated with the home based business must also be stored within the structure of the residence.

The home business can not interfere with normal residential usage, cause a public nuisance or be detrimental to the residential area through noise, traffic, lighting, odor, or violation of any applicable law or ordinance. 

A home business must be run by the occupant of the premises and may have a maximum of one employee or partner on the premises between 7:00 AM and 7:00 PM Monday through Saturday.

Parking restrictions

A maximum of one vehicle for business purposes may be parked on the street in the residentially zoned area and may not exceed a carrying capacity of one ton.

A maximum of one customer at a time may also be on the premises only between 7:00 AM and 7:00 PM Monday through Saturday and there may not be more than one customer within a two hour period. 

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