Cotati City Council
January 14, 2025

City Council
Update on Regulations Related
to Small-Scale Food and
Retail Businesses
Community Development
Department
January 14, 2025
Small-Scale Food and Retail Businesses
 Microenterprise Home Kitchen Operations
(MEHKOs)
 Sidewalk vendors
 Cottage food operations
 Parklets
 Urban agriculture
 Food trucks
 Overview of current laws and policies at
state and local level
 Opportunities for Cotati
MEHKOs
 Restaurants operated in a home by the
resident
 Limited to 30 meals/day or 90 meals/week
 Allowed by state law, little opportunity for
local regulation
 Goals: Create opportunities for those with
limited access to capital; healthy food
access; food safety among existing MEHKOs
 County of Sonoma has “opted in” and as
of Jan 1 all cities must comply
MEHKOs
 By-right in residential occupancies; no local zoning or building regulation allowed
 City may require business license and enforce noise
and nuisance standards:
 Solid waste disposal, polysterene ban, loud/unruly
gatherings, blocking streets/sidewalks, parking in
unpermitted areas, operating hours, outdoor
lighting
 All MEHKOs require annual health permit from
Sonoma County Environmental Health
 County will convene working group with cities in early 2025 to determine regulation and enforcement details
Sidewalk Vendors
 State law (2022) allows mobile vending on
sidewalks and in public parks
 Includes “Compact Mobile Food Operations”
with limited food preparation
 Pushcarts, wagons, stands, etc—must be
non-motorized
 May be roaming or stationary
 Health permit required for food preparation/sales
 Limited local regulation allowed:
 No blocking sidewalks, building access, etc;
no stationary vendors in RR or RVL; adjacent
property owner permission not needed
Sidewalk Vendors
 State law allows City to adopt an ordinance
to further regulate sidewalk vendors:
Further limit operation in public right of way,
parks, and designated areas or neighborhoods
Limit operating hours
Require maintenance of sanitary conditions
Cap number of vendors
Require sidewalk vending permit or
business license
Allow City to cite, fine, or prosecute
for violation of regulations
Cottage Food Operations
 California Homemade Food Act (2013) allows use of
home kitchen for processing food for public sale
 “Non-potentially” hazardous foods: Baked goods,
candies, dried foods, jams/preserves, etc.
 Sales from the home, at events, to
shops/restaurants
 Requires permit from Sonoma County
Environmental Health
 Minor code update needed to add CFO to
“Home Occupation” uses in CMC
 Home Occupation standards are adequate to
prevent CFO impact on neighbors
Cotati-Specific Support for Small-Scale Food
Businesses
 Parklets: Restaurants allowed to use
adjacent private or public parking for
outdoor dining
 Garden Stands: Small temporary stands
allowing residents to sell produce, eggs,
and cottage foods from their gardens
(3 days/week)
 Produce Stands: Larger stands, require a
use permit, OSR/RR/RVL districts only, up
to 7 days/week
Food Trucks
 Not specifically mentioned in CMC
Staff interpretation that food trucks
are “outdoor dining”
This allows food trucks only on
properties with an affiliated
restaurant
 Food trucks have grown in popularity
over past decade
 Concern of competition with
restaurants
Food Trucks
 “Food Truck Truth” study
 Food trucks primarily compete with fast
food outlets & may actually support
restaurants by:
• Functioning as incubator businesses
• Allowing restaurants to test new markets
and products
• Increasing foot traffic to an area
• Stoking the fire of innovation and healthy
competition
Food Trucks—Time for New Policies?
 California’s and Cotati’s small-scale food
and retail business landscape has changed
 Food trucks may be an economic
development opportunity
 A food truck ordinance could:
Allow food trucks on any commercial
property
Allow food trucks in public parking areas
Adopt standards to minimize impacts
Potential Future Actions
 Adopt an ordinance to further
regulate sidewalk vendors
 Update Home Occupation
standards to include cottage food
operations
 Adopt an ordinance allowing food
trucks in greater range of
locations and setting operational
standards
Questions?