Health and Safety Code sections 1597.40 through 1597.465 require all California cities and counties to treat licensed family daycare homes as permitted residential uses, preempting any local prohibition or restrictive zoning.
Health and Safety Code 1597.40 declares family daycare homes a matter of statewide concern and requires their treatment as residential uses. Section 1597.45 governs small family daycare (up to 8 children) as a permitted use by right with no local business license or zoning clearance. Section 1597.46 governs large family daycare (up to 14 children) requiring only ministerial approval limited to spacing, parking, and noise standards. Section 1597.465 voids restrictive deeds and HOA covenants. Licensing is handled exclusively by the Department of Social Services under the California Child Day Care Facilities Act.
Operating without a state license is a misdemeanor under Health and Safety Code 1596.890 punishable by up to $200 per day. Local agencies that deny permitted family daycares face mandamus, attorney fees, and Attorney General enforcement.
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