Burbank Municipal Code 10-1-672 expressly recognizes a cottage food operation as a permitted home occupation, allowing one non-resident employee and use of the home kitchen area permitted by the Health Department, with accessory structures limited to storage. Cottage food operations are governed at the state level by California Health & Safety Code Section 113758, which the City code cross-references.
Burbank Municipal Code Title 10, Chapter 1, Article 6, Division 11 treats a cottage food operation as a recognized home occupation distinct from the office/artistic/music-lesson uses. While only residents may engage in most home occupations, a cottage food operation is exempted from that residents-only rule (BMC 10-1-672.B) and is entitled to one (1) non-resident employee (BMC 10-1-672.C). The maximum-area standard allows the cottage food operation to use the area of the home kitchen as permitted by the Health Department (BMC 10-1-672.D.3). The City code further provides that cottage food operations may only use accessory structures for storage, citing California Health & Safety Code Section 113758(b)(7) (BMC 10-1-672.F). California Health & Safety Code Section 113758 (the California Homemade Food Act) defines cottage food operations and limits them to enumerated non-potentially-hazardous foods; the state statute distinguishes Class A operations (direct sales) from Class B operations (direct and indirect sales) and is enforced through the local environmental health agency. Food handling that is not a permitted cottage food operation remains prohibited as a home occupation in Burbank under BMC 10-1-673.D.
Conducting food handling, processing, warehousing, or packaging that is not a permitted cottage food operation with a valid Health Department permit is prohibited as a home occupation under BMC 10-1-673.D. Non-compliant operations may have their home occupation business permit revoked or suspended after 15 days' notice under BMC 10-1-673.5.D, and state cottage food requirements under HSC 113758 remain independently enforceable by the county environmental health agency.
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