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-3— Ch.415 (1) At least 32 other states have passed laws that allow small business entrepreneurs to use their home kitchens to prepare,for sale,foods that are not potentially hazardous. (g) Even some bake sales are currently illegal in California. (h) It is the intent of the Legislature to enact a homemade food act specifically designed to help address these challenges and opportunities. SEC.2. Chapter 6.1 (commencing with Section 51035)is added to Part 1 of Division 1 of Title 5 of the Government Code,to read: CHAPTER 6.1. COTTAGE FOOD OPERATIONS 51035. (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. (3) Require any cottage food operation to apply for a permit to use a residence for its operation.The zoning administrator,or if there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits, shall review and decide the applications. The use permit shall be granted if the cottage food operation complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning the following factors: 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 local government shall process any required permit as economically as possible.Fees charged for review shall not exceed the costs of the review and permit process. An applicant may request a verification of fees, and the city,county,or city and county shall provide the applicant with a written breakdown within 45 days of the request. The application form for cottage food operation permits shall include a statement of the applicant's right to request the written fee verification. (b) In connection with any action taken pursuant to paragraph(2)or(3) of subdivision (a), a city, county, or city and county shall do all of the following: 90