Elk Grove allows small family daycare (up to 8 children) by right in all residential zones per California Health & Safety Code §1597.45 state preemption. Large family daycare (9-14 children) also permitted without use permit. State licensing through CDSS Community Care Licensing Division is required. No local business license needed for licensed family daycares operating in the home.
California Health & Safety Code §1597.45 preempts local zoning restrictions on small family daycare homes, classifying them as residential uses by right. Elk Grove Municipal Code Title 23 (Zoning) conforms to this state mandate. Small family daycare serves up to 8 children (including provider's own under age 10). Large family daycare (9-14 children) is also permitted by right statewide under AB 1179 (2019), which removed the conditional use permit requirement. Providers must obtain state licensing through the California Department of Social Services Community Care Licensing Division, complete orientation, background checks via LiveScan fingerprinting, TrustLine registration for any assistants, CPR/First Aid certification, and 16 hours of preventive health training. Homes must pass a fire marshal inspection (exits, smoke detectors, fire extinguishers). Elk Grove does not require a separate business license for state-licensed family daycares. Drop-off/pickup parking must not create neighborhood traffic hazards. HOAs in Laguna, Sheldon, and Franklin subdivisions cannot ban family daycare per state law but may impose reasonable operational rules.
Operating unlicensed daycare: state misdemeanor, up to $200/day civil penalty per HSC §1596.890. Zoning complaints referred to state licensing agency, not handled locally.
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Elk Grove, CA
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