Home Daycare: Lincoln vs Rocklin
How do home daycare rules compare between Lincoln, CA and Rocklin, CA?
Lincoln and Rocklin have similar restriction levels.
Lincoln, CA
Placer County
California Health & Safety Code §1597.45 classifies small (≤8 children) and large (9-14 children) family daycare homes as a residential use 'by right' in any residential zone. Lincoln cannot require a use permit, business license, or business tax to operate a licensed family child care home.
View full Lincoln rules →Rocklin, CA
Placer County
Rocklin cannot restrict the operation of small or large family daycare homes through zoning. California Health & Safety Code §1597.45 (small family daycare) and §1597.46 (large family daycare) — as amended by SB 234 (2019), the Keeping Kids Close to Home Act — declare family daycare homes a residential use of property and a use by right in all residential zones, occupying the field and preempting local zoning, business license fees, and conditional use permits. The City may not impose a business license fee or tax for the privilege of operating a small or large family daycare home. Operators license through the California Department of Social Services, Community Care Licensing Division.
View full Rocklin rules →Key Facts Comparison
| Fact | Lincoln | Rocklin |
|---|---|---|
| Local permit required | No — state preempted by HSC §1597.45 | - |
| Local business license/tax | Prohibited by HSC §1597.45(a) | - |
| Small family daycare | Up to 8 children | - |
| Large family daycare | 9-14 children | - |
| State license | Required from CA Dept. of Social Services CCLD | - |
| Provider must reside | Yes, in the licensed home | - |
| Statutory preemption | - | Cal. Health & Safety Code §1597.45 (small), §1597.46 (large) |
| Use type | - | Residential use by right — no CUP or rezone allowed |
| Local business license fee | - | Prohibited (§1597.45(b)) |
| Licensing agency | - | California Department of Social Services, Community Care Licensing |
| Capacity | - | Small: up to 8 children; Large: up to 14 children (Cal. H&S Code §1596.78) |
Highlighted rows indicate differences between cities.
Lincoln FAQ
Do I need a Lincoln permit for a family child care home?
No. California Health & Safety Code §1597.45 treats small and large family daycare homes as a residential use by right and prohibits cities from requiring a local use permit, business license, or business tax. You only need a state license from the CDSS Community Care Licensing Division.
Can my HOA in Lincoln ban family daycare?
No. HSC §1597.40 and §1597.45 together preempt HOA CC&Rs that prohibit licensed family daycare homes, although the HOA may impose reasonable rules regarding common areas.
How many children can a family daycare home serve?
Up to 8 children in a small family daycare home, and 9-14 in a large family daycare home (including children under age 10 residing in the home).
Rocklin FAQ
Can Rocklin block a family daycare in my neighborhood?
No. California Health & Safety Code §1597.45 declares small and large family daycare homes a residential use by right and preempts local zoning. The City cannot require a conditional use permit, rezone, or charge a business license fee for the daycare itself.
Can my HOA prohibit me from running a family daycare?
No. Health & Safety Code §1597.40 voids HOA CC&Rs and rules that restrict licensed family daycare homes, with limited exceptions for reasonable rules on entry, common areas, and parking that do not effectively prohibit the use.
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