Family daycare homes are protected by California Health & Safety Code 1597.40, which treats small and large family daycare as residential uses and preempts restrictive local zoning.
California Health and Safety Code Section 1597.40 classifies family daycare homes as residential uses of property for purposes of all local ordinances. Small family daycare (up to 8 children including the provider's own) and large family daycare (up to 14 children) must be permitted in any single-family residential zone without a use permit, conditional use permit, or special permit. Alameda County and its cities may not impose business license, sign, fee, or inspection requirements that treat daycare homes differently from other residences, though reasonable standards for parking, concentration (minimum spacing between homes), and non-conflicting building and fire code provisions are allowed. Licensure is handled by the California Department of Social Services, Community Care Licensing Division, which inspects homes, conducts background checks on all adults present, and enforces child-to-provider ratios and health and safety rules. Providers must still comply with home occupation standards unrelated to the daycare use itself.
Contact your local code enforcement office for specific penalty information.
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See how Alameda County's home daycare rules stack up against other locations.
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