Small-scale Onsite Agricultural Sales
What types of retail sales may be conducted from farms under the County Zoning Code?
Many farmers are interested in retailing directly to consumers from their farm to increase their economic profitably and help maintain the economic viability of their agricultural operation. Farmers have always been able to wholesale their production on or off site. It they want to retail their unprocessed commodities or processed products manufactured from them, directly to consumers from the farm, the County Zoning Code allows several different types of onsite sales operations to be conducted from farms as described below:
Community Supported Agriculture
A system by which people purchase, typically through monthly subscription, a share from a local farm and periodically receive fresh produce or other agricultural products produced or processed on site.
- No Permit required by Zoning Code
Zones: LIA, LEA, DA, RRD, AR
Farmstands
A temporary or seasonal sales facility, generally not more than 180 calendar days, for the sale and promotion of agricultural products that are grown or raised on the site and shelf-stable, pre-packaged, goods processed from them.
- No Permit required by Zoning Code
- Permit required from the Health Service Dept.
Zones: LIA, LEA, DA, RRD, and AR
Cottage Foods
A food preparation enterprise operating from the kitchen of a primary residence where specified low- risk food products are prepared, packaged or sold to consumers pursuant to the California Homemade Food Act.
- No Permit required by Zoning Code
- Permit required from the Health Service Dept.
- Septic Requirements
Zones: All zones with onsite residence
Small Farm Retail Sales Facility
A small retail facility, up to 500 square feet, for year- round sales of agricultural products grown or raised on the site or other properties owned or leased by the farm operator, and pre-packaged goods processed from the agricultural production.
- Zoning Permit in LIA, LEA, DA, RRD zone;
- Use Permit in AR zone
- Permit required from the Health Service Dept.
Zones: LIA, LEA, DA, RRD, and AR
Tasting Room
A retail food facility in which one or more agricultural products grown or processed in the county, including alcoholic beverages, may be tasted and sold which does not qualify for one of the preceding categories.
- Use permit required
- Permit required from the Health Service Department
Zones: LIA, LEA, DA, RRD
Even if a retail activity does not require a permit under the Zoning Code, permits could still be required under the building, well, septic or health codes. Thus the requirements for each proposed retail facility should be reviewed on a case by case basis with the Permit and Resource Management Department and other applicable regulatory agencies. The County Zoning Code does not set forth a full list of standards for tasting rooms as these vary from site to site and are determined on a case by case basis through a discretionary review and hearing process for use permits. The following table compares some of the requirements for Farmstands and Farm Retail Sales Facilities.
Characteristics | Farmstand | Farm Retail Sales |
---|---|---|
Permits | Allowed use in the LIA, LEA, DA, RRD and AR zones | Zoning permit in LIA, LEA, DA, RRD zones; Use permit required in AR zone |
Maximum size | Unlimited | 500 square feet |
Duration | Temporary and seasonal (typically less than 180 days per year) | May operate year-round |
Source of ag product | Only processed or unprocessed products grown on site | Only processed or unprocessed products grown on site or other lands owned or leased by the farmer |
Type of product sales | Unprocessed produce, eggs, honey, Cottage Foods, Low-risk, prepackaged processed products
Sale of alcoholic, cannabis, meat dairy products not allowed | Unprocessed produce, eggs, and honey, Cottage Foods, prepackaged foods, including higher risk prepackaged foods requiring refrigeration such as meat and dairy products
Sale of alcoholic or cannabis products not allowed |
Incidental sales | Up to 10% of floor area not to exceed 50 sq. ft. | Up to 10% of floor area not to exceed 50 sq. ft. |
Minimum parcel size | Not regulated | 2 acres |
Signage | One attached or detached sign up to 32 square feet. | One sign up to 16 square feet and one sandwich-board sign up to 9 sq ft |
Hours of operation | Not regulated | 10:00 am to 6:00 pm, 7 days per week |
Allowed promotional activities | Not allowed without a permit | Educational tours, community supported agriculture and farm trails |
Requires Health Dept. permit under Retail Food Code | Required if low-risk processed pre-packaged foods are sold or sampling is conducted | Required if processed pre-packaged foods are sold or sampling is conducted |
Accessibility standards | Required | Required |
Restrooms | Only as required by Building Code or Retail Food Code | Only as required by Building Code or Retail Food Code |
Food service | Limited to food sampling | Limited to food sampling |
Weights and measures | Must be approved by Agricultural Commissioner’s Office | Must be approved by Agricultural Commissioner’s Office |
Building permit required | Yes, if over 120 sq. ft. or if new electrical or plumbing provided | Yes, if over 120 sq. ft. or if new electrical or plumbing provided |
Compliance with food safety and labeling laws | Yes | Yes |