Family daycare homes in Carson are protected by California Health & Safety Code §1597.45, which classifies them as a residential use by right in all zones that allow residential use. Carson cannot require a use permit, charge a business license fee for operating the daycare, or impose zoning, building, or fire code standards more restrictive than those applying to other residences in the same district.
Cal. HSC §1597.45 declares that operating a family daycare home — small (up to 8 children) or large (up to 14 children) under separate provisions of the Day Care Facilities Act — is 'a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.' Key state-law protections: (1) Carson cannot charge a business license fee or tax specifically for the daycare operation; (2) the home is exempt from change-of-occupancy requirements under state housing law and most local building code provisions; (3) Carson may apply height, setback, and lot-dimension rules, but only if applied equally to all residences in the same zoning district; (4) health, safety, and building standards must apply uniformly to comparable residential properties. State licensing is through the California Department of Social Services (CDSS) Child Care Licensing Program — Carson falls under a CDSS Regional Office covering LA County. Carson's Article IX zoning home-occupation chapter must yield to HSC §1597.45 for family daycare. (Larger child care centers serving more than 14 children are NOT family daycare homes and are subject to standard commercial-use zoning.)
Carson code-enforcement actions to ban a properly licensed family daycare home, or impose a use permit/business license fee, would be unlawful under HSC §1597.45. State licensing violations (operating without a CDSS license, exceeding capacity) are enforced by CDSS Community Care Licensing.
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