Running a small (up to 8 children) or large (up to 14 children) family daycare home in Dublin is a use by right. Under California's SB-234 (Health & Safety Code Sections 1597.40-1597.45) it is a residential use, so Dublin cannot require a zoning permit or charge a business license. The home is state-licensed.
Family daycare homes are governed by California state law that overrides local zoning. The California Child Day Care Facilities Act and SB-234 (the Keeping Kids Close to Home Act, effective January 1, 2020) provide that use of a home as a small or large family daycare home is a residential use of property and a use by right for purposes of all local ordinances, including zoning. As a result, Dublin cannot require a conditional use permit, a zoning clearance, or a business license/fee/tax for a family daycare home, and the use does not constitute a change of occupancy for building-code purposes. A small family daycare home may care for up to 8 children and a large family daycare home for up to 14 children (including the provider's own children, within state ratios). Licensing, capacity, staffing, and health-and-safety standards are administered by the California Department of Social Services, Community Care Licensing Division, under Title 22 of the California Code of Regulations - not by the City. Providers must still meet building, fire, and safety standards that apply to the licensed family daycare category under state law.
Because the use is protected by state law, Dublin generally cannot cite a licensed family daycare home for operating without a zoning permit or business license. Operating a daycare home without the required state license from Community Care Licensing, however, is a violation of state law and can result in state enforcement; genuine nuisance conditions can still be addressed under generally applicable local rules.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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DMC Chapter 5.70 (Weeds and Refuse) lets the City Council declare overgrown weeds and accumulated refuse a public nuisance and order abatement after notice a...
Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle home daycare.
See how Dublin's home daycare rules stack up against other locations.
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