California Health & Safety Code §1597.40 preempts local zoning of family daycare homes. Small family daycare homes (up to 8 children) are treated as residential use in every zone allowing single-family homes. Large family daycare homes (up to 14 children) cannot be prohibited on lots zoned for single-family dwellings. Chico cannot require a Home Occupation Permit, conditional use permit, or business license that would directly or indirectly restrict a licensed family daycare home. Licensing is handled by California Department of Social Services Community Care Licensing (CCLD).
HSC §1597.40(a) declares family daycare service for children as essential and preempts local laws, regulations, and rules governing the use and occupancy of family daycare homes. HSC §1597.45 (small homes) and §1597.46 (large homes) require cities and counties to treat these uses identically to single-family residential use. Per HSC §1597.46, large family daycare homes must be permitted by-right on single-family lots — Chico cannot require a conditional use permit. Cities may apply only neutral standards identical to other single-family residences (setbacks, height, lot dimension) and may not impose business-license fees beyond those charged to comparable residential uses. SB 234 (2019) further expanded the small-home capacity to 8 children. Operators must obtain a state license from CCLD, comply with fire safety standards (Title 19 CCR fire code for daycare), have a smoke detector in each child sleeping area, and meet PRC §4291 defensible space if in the WUI. Chico still applies neutral building code, fire code, and zoning lot dimensions.
If Chico were to enforce a local restriction prohibiting or unduly burdening a licensed family daycare home, the operator could invoke HSC §1597.40 preemption. Operating an unlicensed daycare beyond statutory exemptions (e.g., caring for unrelated children for compensation without a CCLD license) violates HSC §1596.80.
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