Bakersfield treats licensed family daycare homes as residential uses under California Health & Safety Code 1597.40, meaning they are allowed in every residential zone without special city approval. Small homes serve up to 8 children and large homes serve up to 14, following state ratios. The city cannot require a conditional use permit, business license tax surcharge, or impose parking or spacing standards beyond what applies to any single-family dwelling. State licensing through Community Care Licensing (CCL) is mandatory, and operators must carry liability insurance and comply with state fire clearance for large homes.
California Health & Safety Code section 1597.40 preempts local regulation of family childcare homes, and Bakersfield Municipal Code zoning provisions recognize state-licensed daycare homes as a residential use by right. A small family daycare home (up to 8 children including the operator's own) is permitted in any zone allowing single-family residences with no city permit required beyond the standard business certificate. Large family daycare homes (9-14 children) are similarly protected under SB 234 (2019), which eliminated the prior ability of cities to require use permits for large homes. Operators must obtain a state license from the California Department of Social Services Community Care Licensing Division, pass a background check, complete 15 hours of health and safety training including pediatric CPR and first aid, and maintain the required child-to-adult ratios (1:4 for infants, 1:6 for toddlers in mixed-age homes). Fire clearance from the Kern County Fire Department is required for large homes. HOAs in newer Bakersfield developments like Seven Oaks, Brighton Parks, and Silver Creek cannot prohibit licensed daycare homes under Civil Code 1597.40(c), though they may impose reasonable parking and noise standards consistent with residential use. A city business tax certificate is required (around $30-$100 annually based on gross receipts).
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Bakersfield code enforcement directly for current fines, enforcement procedures, and hearing options.
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