AMENDING BERKELEY MUNICIPAL CODE SECTIONS 23C.16.030 AND 23F.04.010 TO ESTABLISH
SALE OF NON-PROCESSED EDIBLES HOME OCCUPATION USE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 23C.16.030 is amended to read as follows:
23C.16.030 Moderate Impact Home Occupations Subject to Use Permit
A. [Teaching Related Home Occupations - Existing Code Section]
B. Home occupations involving the sale of fruits, vegetables and other Non-Processed Edibles, as defined in Section 23F.04.010, grown or raised as allowed by the Berkeley Municipal Code, which meet all of the following conditions, shall be allowed subject to issuance of an Administrative Use Permit .
1. Activity relating to the Sale of Non-Processed Edibles, grown or raised as allowed by the Berkeley Municipal Code, may occupy no more than 400 square feet or 20% of the dwelling unit or group living accommodation room, whichever is smaller. Sales of Non-Processed Edibles must take place either indoors or in a location not visible from public or private property.
2. Applicants must present results of a soils test with a lead level no greater than 300ppm, and shall attest that:
a. Testing was performed in accordance with City of Berkeley Specifications
b. Soils tested are those to be used for growing or raising
c. The applicant shall use reasonable care, including additional soils testing if warranted, to assure that any future imported soils used for growing or raising do not exceed 300ppm lead content
3. Sales of Non-Processed Edibles shall take place within the hours of 8 am to 8 pm.
4. Sales of Non-Processed Edibles may not:
a. Involve more than 4 customer visits per hour
b. Involve storage, service, repair, handling or transport of any goods or products on or at the subject premises, except that fruits, vegetables and other Non-Processed Edibles, grown or raised as allowed by the Berkeley Municipal Code, may be stored, handled and transported on or at the subject premises incidental to such sales
c. Involve hazardous materials or processes; or
d. Create offensive or objectionable noise, vibration, odors, heat, or electrical disturbance perceptible by the average person beyond that lot line or party walls of multi unit buildings, or the subject premises.
Section 2. That Berkeley Municipal Code Section 23F.04.010 is amended to read as follows:
Non-Processed Edibles: Any foods, other than marijuana/cannabis, grown or raised, in their raw or natural state, that have undergone little or no processing. Washing, trimming, bundling, and other handling of otherwise raw or natural foods shall not be considered processing. Individuals engaged in the growing or raising of Non-Processed Edibles are encouraged to employ organic methods.