California Health & Safety Code §1597.40 preempts El Monte from prohibiting or restricting small (up to 8 kids) or large (up to 14 kids) family daycare homes. They are treated as a residential use and do not need a special use permit.
Cal. Health & Safety Code §1597.40(a) declares the operation of family daycare homes a matter of statewide concern and states: 'It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development.' Section 1597.40(b) provides that local laws, regulations, or rules 'shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home,' including precluding its operation. A 'small' family daycare home cares for up to 8 children and a 'large' family daycare home cares for up to 14 children (HSC §1596.78). Both are licensed by the California Department of Social Services, Community Care Licensing Division (CCLD), not by El Monte. SB 234 (2019) further amended §1597.40 to require cities to treat large family daycare homes the same as single-family residences - no conditional use permit, no public hearing, and no spacing/distance requirements. El Monte may apply identical building height, setback, lot-dimension, health, safety, building, and environmental impact standards as it applies to other single-family residences, but nothing more (HSC §1597.45). A separate Business Occupancy Permit/business license is not required to override the state license, though the operator may need a general El Monte business tax certificate.
Because state law preempts local zoning, El Monte cannot cite a properly state-licensed family daycare home for operating in a residential zone. Enforcement of childcare standards (staffing ratios, safety, capacity) is handled by CDSS Community Care Licensing (1-844-538-8766); violations there can result in license suspension or revocation. El Monte may still enforce neutral building, fire, and health codes that apply equally to all single-family homes.
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