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Placerville council objects to county's proposed microenterprise home-kitchen ordinance, cites safety and enforcement concerns
Summary
Council members voted unanimously to authorize a letter of objection to the El Dorado County Board of Supervisors over a proposed ordinance to permit microenterprise home kitchen operations (MEHKOs), citing fire, sanitation, parking and enforcement concerns and recommending a pilot or delay until more data is available.
The Placerville City Council on Jan. 28 authorized sending a letter of objection to the El Dorado County Board of Supervisors over a proposed ordinance to allow microenterprise home kitchen operations (MEHKOs) in residential dwellings. The motion carried unanimously.
City attorney (presenter) Mr. Cahill told the council the state law authorizing MEHKOs was adopted in 2019 and that the law preempts local zoning authority in several respects; it allows county health departments to regulate food-safety aspects but limits entitlement and zoning restrictions. Cahill said the state statute (referred to in the meeting as "AD 626") allows MEHKOs to operate with annual-sales caps (the presenter cited an annual limit of about $103,900 and a weekly cap of 90 meals) and noted the law does not apply in a county until the county board adopts implementing regulations.
Councilmembers and several public commenters raised concerns about fire safety, grease and sewer impacts, parking in small residential streets, and enforcement. Council members pointed out that health inspections must be announced in advance and that local government would lack some enforcement and fee-collection powers under the state scheme. Several councilmembers described scenarios in which restaurants operating from residential streets could create parking and nuisance problems.
Public commenters, including Sue Rodman and Ruth Carter, urged the council to oppose the ordinance, saying they did not want restaurants operating in residential neighborhoods.
The council voted to authorize the mayor or city manager to send the attached letter of objection to the county. The letter asks the board of supervisors not to adopt the ordinance at this time and suggests, if the county proceeds, that it consider a one-year pilot or sunset provision and gather additional data to evaluate impacts.
Ending: The council’s letter requests that the county delay adoption or adopt a limited pilot to give local governments time to evaluate public-safety, parking and infrastructure impacts before allowing restaurant-style operations in residential homes.
