California H&S Code §1597.40-.45 preempts local restrictions on family daycare homes. Small (up to 8 children) and Large (up to 14) family daycares allowed BY RIGHT in all residential zones in unincorporated San Mateo County. State license required through CDSS.
California Health & Safety Code §1597.40-1597.465 (Family Daycare Home Preemption) strongly preempts local zoning restrictions on family childcare homes. Small family daycares (up to 8 children including the provider's own under age 10) and large family daycares (up to 14 children with assistant) must be treated as residential use in all residential zones — no conditional use permit or discretionary review allowed. San Mateo County cannot require a business license, home occupation permit, or special zoning approval for state-licensed family daycares. State licensing through California Department of Social Services, Community Care Licensing Division required: background checks via LiveScan, CPR/first aid certification, TB test, home safety inspection, fire clearance, minimum 35 sq ft indoor/75 sq ft outdoor per child, and liability insurance or bond. CCLD conducts periodic inspections. Local HOA restrictions on family daycare are void under §1597.45. Drop-off/pickup traffic cannot be used as pretext for prohibition.
Operating without CDSS license: misdemeanor, $200-$1,000 fines, closure order. Safety violations: CDSS citation, possible license suspension. Exceeding capacity: immediate correction. Local ordinance enforcement attempts against licensed daycares: void and unenforceable.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Daly City, CA
Daly City prohibits nuisance barking under Title 6 (Animals) and Chapter 9.22 (Disturbing the Peace). Owners must prevent dogs from habitually barking or how...
Daly City, CA
Construction with a valid city permit is allowed weekdays 8 AM to 8 PM in Daly City. Weekend and holiday construction hours are more restricted. Unpermitted ...
Daly City, CA
Daly City regulates noise under Chapter 9.22 (Disturbing the Peace). Residential sound limits are 60 dBA daytime and 50 dBA nighttime. The general quiet peri...
Daly City, CA
Daly City restricts overnight and extended parking of large commercial vehicles in residential zones. California Vehicle Code provisions on commercial vehicl...
Daly City, CA
Daly City prohibits parking RVs, boats, trailers, and camper shells in the front yard of residential lots. They may only be parked on the driveway within app...
Daly City, CA
Daly City enforces California Vehicle Code §22651 for abandoned vehicles (72 hours on public street). Street sweeping parking restrictions are posted by bloc...
Side-by-side rule comparisons with other cities in San Mateo County.
See how Daly City's home daycare rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.