Can I run a business from home in Malibu, California?
Yes. In Malibu, a home office, studio, or teaching use like tutoring or music lessons is allowed without a permit if no more than 6 non-resident people (clients, students or employees) are there at once. Other home businesses need a home occupation permit from the Planning Manager, with notice to neighbors within 500 ft. All home businesses must keep to 8 a.m.-9 p.m., use no more than 20% of floor area (2,000 sq ft max), and can't be apparent from outside.
| No permit needed | Home offices, studios, teaching uses [2] |
| Max non-resident persons at once (no-permit uses) | 6 [2] |
| Other home occupations | Home occupation permit from the Planning Manager [3] |
| Neighbor notice for permit | Owners and residents within 500 ft (at least 10 nearest) [4] |
| Hours | 8:00 a.m. to 9:00 p.m.; outdoor activity ends at sunset [5] |
| Signs and advertising | Not apparent; flyers/signs prohibited except as LIP 3.15 allows [6] |
| Non-resident employees | Generally not allowed, except as the listed uses permit (wording unclear; ask Planning) [7] |
| Deliveries | 8 a.m.-5 p.m., Mon-Fri [8] |
| Prohibited | Motor vehicle repair and day care facilities [9] |
| Max floor area | 20% of total floor area or 2,000 sq ft, whichever is less [10] |
What a home occupation is
These rules come from Malibu's Local Implementation Plan as of September 2020; the Municipal Code version wasn't available to us and may differ. Malibu's Local Implementation Plan (LIP) defines a home occupation as any activity carried out for gain by a resident as an accessory use in their home [1]. The rules aim to allow business uses that don't cause impacts substantially different from a normal home.
Allowed without a permit
Two kinds of uses need no permit if they follow the general rules below [2]:
- Teaching: music lessons, tutoring, religious instruction, swimming or riding lessons.
- Home office or studio: business or consulting office, computer/internet work, recording or artist studio.
For both, no more than 6 non-resident people (students, clients or employees) may be present at one time.
Uses that need a permit
The Planning Manager can approve other reasonable uses with a home occupation permit [3]. You submit a written description (hours, storage, traffic, location in the house), plans and a fee. The city notifies owners and residents within 500 ft (at least the 10 nearest homes) and holds a meeting [4]. The decision takes effect 10 days later unless appealed to the Planning Commission.
Rules for every home business
- Hours 8 a.m. to 9 p.m.; outdoor activity stops at sunset [5].
- The business can't be apparent from outside. Flyers and signs are banned except as the sign rules allow, and signed business vehicles can't be parked to advertise [6].
- Apart from the uses listed above, only residents can work on site [7]. The wording is unclear about permit uses, so ask Planning whether you can have a non-resident employee.
- No outside storage, and the required garage parking must stay usable.
- Deliveries only 8 a.m.-5 p.m., Monday-Friday, in trucks up to 28 ft long [8].
- Motor vehicle repair and day care facilities are prohibited [9].
- The business can use no more than 20% of the floor area or 2,000 sq ft, whichever is less [10].
State law note
The LIP's use table separately lists small family day care as an accessory use and large family day care with a permit. State law makes licensed family child care homes a residential use by right, and also protects cottage food operations. State law may override the day-care prohibition, and the large family day care permit requirement, as applied to licensed family child care homes.
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Next steps
- Check whether your business is a home office, studio or teaching use with 6 or fewer non-residents at a time; if so, no permit is needed.
- For any other business, apply for a home occupation permit with the Planning Department (23825 Stuart Ranch Road, 310-456-2489), including a written description, a floor plan showing the business area, and the filing fee.
- Expect the city to mail notice to neighbors within 500 ft and hold a meeting within 30 days of a complete application.
- Ask City Hall whether you also need a city business license.
Common questions
- Do I need a home occupation permit in Malibu, California?
- It depends on the business. A home office, studio, or teaching use like tutoring or music lessons needs no permit if no more than 6 non-resident people are there at once. Other home businesses need a home occupation permit from the Planning Manager, with notice to neighbors within 500 ft.
- Can I run a business from home in Malibu, California?
- Yes. Home businesses are allowed if they keep to 8 a.m. to 9 p.m., use no more than 20% of floor area or 2,000 sq ft, whichever is less, and aren't apparent from outside. Motor vehicle repair and day care facilities are prohibited. These rules come from the Local Implementation Plan as of September 2020.
- Can I have employees at my home business in Malibu, California?
- Apart from the no-permit office, studio and teaching uses, only residents can work on site. The wording is unclear for permitted uses, so ask Planning whether you can have a non-resident employee.
- How do I get a home occupation permit in Malibu, California?
- Submit a written description of hours, storage, traffic and location in the house, plus plans and a fee, to the Planning Department. The city notifies owners and residents within 500 ft (at least the 10 nearest homes) and holds a meeting; the decision takes effect 10 days later unless appealed.
California state protections for home-based businesses
California has no general statewide home-occupation law. Cities and counties set the rules on employees, signs, customer visits and parking. State law protects a few specific home businesses:
Family child care homes (Health & Safety Code §1597.45):
- A licensed small (up to 8 children) or large (7 to 14 children) family daycare home is a residential use by right under all local ordinances, including zoning. A city can't require a use permit.
- Cities can't charge a business license, fee or tax for operating one, and it isn't a change of occupancy under building codes.
- Local rules may apply only if they are identical to those for other homes in the same zone, whether the home is rented or owned.
Cottage food operations (Gov. Code §51035; AB 1616, effective 2013):
- Cities and counties can't prohibit home cottage food operations. They must allow them as a permitted use or through a permit limited to reasonable spacing, traffic, parking and noise standards.
- A cottage food operation has no more than one full-time-equivalent employee besides family or household members. Class A (direct sales only) is capped at $75,000 a year and Class B at $150,000, adjusted for inflation (H&S Code §113758).
- You must register (Class A) or get a permit (Class B) from the county environmental health agency.
Home kitchens selling meals (microenterprise home kitchen operations): allowed only where the city or county has authorized them, with a permit and a limit of 30 meals a day and 90 a week (§113825).
What the ordinance says
- LIP Sec. 2.1 (Definitions), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 26
HOME OCCUPATION - any activity carried out for gain by a resident conducted as an accessory use in the resident’s dwelling unit.
- LIP Sec. 3.6(O)(2)(b), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 116
Home-Based Office or Home-Based Studio. An office used for business, consultation, com- puter/internet related use or a recording studio, artist studio, or other reasonably similar use determined by the Planning Manager, provided that there be no more than six (6) non- resident persons whether employees or clients, present at any one time.
- LIP Sec. 3.6(O)(3), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 116
Uses That Require a Permit. The Planning Manager (Manager) may allow any reasonable use as determined by the Manager pursuant to a home occupation permit.
- LIP Sec. 3.6(O)(3)(c), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 116
When the Manager determines that the application is complete, the Manager shall give writ- ten notice of the application to all owners and residents of all properties within 500 feet of the proposed home occupation, but in no event shall less than ten (10) nearest developed properties be notified.
- LIP Sec. 3.6(O)(4)(b), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 117
The hours of operation for a home occupation shall begin no earlier than 8:00 a.m. and end no later than 9:00 p.m. daily. Any activity relating to the home occupation held outdoors will be required to cease at sunset.
- LIP Sec. 3.6(O)(4)(c), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 117
With the exception of newspaper, magazine or other similar advertising, the home occupa- tion shall not be apparent. The posting of flyers, or signs to advertise a home occupation, is prohibited except as permitted in Section 3.15 of the Malibu LIP.
- LIP Sec. 3.6(O)(4)(g), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 117
Except for those uses identified as requiring or not requiring permits, above, no one other than residents of the dwelling shall be onsite employees of the home occupation or report to work at the site in the conduct of a home occupation.
- LIP Sec. 3.6(O)(4)(l), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 118
With the exception of newspaper deliveries, delivery or pick-up of materials, goods, or products to and from the home occupation shall only occur from 8:00 a.m. to 5:00 p.m., Monday through Friday.
- LIP Sec. 3.6(O)(4)(m), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 118
Motor vehicle repair businesses, and day care facilities are prohibited.
- LIP Sec. 3.6(O)(4)(n), Malibu LCP Local Implementation Plan (current through Supp. 13, Sept. 2020; Ord. 461, 4-13-2020), p. 118
The home occupation shall not occupy more than twenty (20) percent of the total floor area of all structures on the property, or two thousand (2,000) square feet, whichever is less.