Home Daycare: Sutter vs Yuba City

Does my city have any say over my family daycare?

Cities cannot prohibit family daycares. For large family daycares they may apply only narrow standards on parking, spacing, and noise. Small family daycares are permitted by right with no local approval.

Are HOA bans on home daycare enforceable?

No. Health and Safety Code 1597.465 voids any deed restriction, covenant, or HOA rule that prohibits family daycare in homes used for that purpose.

Does Yuba City require a use permit to operate a licensed family daycare in my home?

No. Cal. H&S Code §1597.45 makes small and large family daycare homes a use by right in all residential zones. Yuba City cannot require a use permit, conditional use permit, or other discretionary zoning approval.

Can Yuba City charge me a business license fee for my licensed family daycare?

No. §1597.45(a)(3) expressly prohibits local jurisdictions from imposing a business license, fee, or tax for the privilege of operating a small or large family daycare home.

Do I still need a state license?

Yes. You must be licensed by the California Department of Social Services, Community Care Licensing Division under the Child Day Care Facilities Act (H&S Code §§1596.70 et seq.). Unlicensed operation is a misdemeanor under §1596.890.