California Health & Safety Code §1597.40 preempts Carlsbad from restricting family daycare homes. Small (up to 8 children) and large (up to 14 children) family daycares are allowed by right in all residential zones with state licensing.
California's Family Daycare Homes Act (Health & Safety Code §§1597.40-1597.465) preempts local zoning: cities must treat family daycare homes as a residential use of property. Carlsbad cannot require a conditional use permit, public hearing, or special zoning approval. Operators must hold a Community Care Licensing Division (CCLD) license, maintain liability insurance, and comply with fire and building safety rules. A Carlsbad business license (CMC Title 5) is required, and the operator must notify neighbors per state law. Small family daycares (up to 8 children) and large family daycares (up to 14 children, with an assistant) are both permitted by right.
Operating without a state license: misdemeanor, up to $200/day civil penalty under H&SC §1596.890. Business license noncompliance: standard Carlsbad administrative citation (~$100-$500).
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