Under California Health & Safety Code sections 1597.30 - 1597.622 (Family Day Care Home Act / California Child Day Care Facilities Act), Small Family Child Care Homes (up to 8 children) and Large Family Child Care Homes (up to 14 children) are a residential use by right in any zone permitting single-family dwellings. Chino cannot require a use permit, conditional use permit, variance, or special zoning approval and cannot impose business-license fees beyond those charged to other residences. The state Department of Social Services Community Care Licensing Division licenses providers.
Cal. HSC section 1597.45 (Small Family Day Care Home) and section 1597.46 (Large Family Day Care Home) establish that family day care homes are a residential use for purposes of all local laws. SB 234 (Skinner, 2019; codified at HSC sections 1596.78, 1597.40 et seq.) further strengthened these protections, classifying both Small and Large family day care homes as residential uses and prohibiting cities from requiring conditional use permits, business licenses, or zoning clearances different from those required of single-family residences. Small Family Day Care Homes (up to 8 children including the provider's own) require state licensing through CDSS Community Care Licensing but no local zoning approval. Large Family Day Care Homes (9 - 14 children) also require state licensing, and SB 234 limits cities to imposing only specific objective standards (fire clearance, parking - one off-street space beyond residential requirement) and prohibits public hearings. Health & Safety Code section 1597.46(a)(3) preempts spacing/concentration rules unless they meet narrow criteria. Chino's Title 20 must conform to these state preemptions.
City attempts to deny or condition family day care home use beyond what HSC sections 1597.45/1597.46 allow are themselves unlawful under SB 234. Failure to obtain CDSS licensing or operating outside the licensed capacity is enforceable by Community Care Licensing (license revocation, civil penalties). Operating an unlicensed daycare may also be a misdemeanor under HSC section 1596.890.
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