By California state law (SB 234, Health & Safety Code 1597.45), unincorporated Solano County cannot require a zoning permit or business license for a small or large family daycare home - both are a residential use by right. The home is licensed by the California Department of Social Services, and large homes need a local fire clearance.
Family daycare homes are governed by California's Child Day Care Facilities Act, not by a county-specific zoning permit. Since SB 234 took effect January 1, 2020, Health & Safety Code Section 1597.45 provides that the use of a home as a small OR large family daycare home is a residential use of property and a use by right for all local ordinances, including zoning. A local jurisdiction, such as Solano County, may not require a family daycare provider to obtain a zoning permit, a business license, or pay a fee or tax for the privilege of operating one. Licensing is handled by the California Department of Social Services, Community Care Licensing Division, which sets the health and safety standards a provider must meet. Under Health & Safety Code Section 1597.46, a large family daycare home must obtain a fire-safety clearance from the local fire authority (city/county fire department, the fire-protection district, or the State Fire Marshal), but the fire department may only require compliance with the fire standards adopted by the State Fire Marshal in Title 24. Solano County therefore defers to state law: the county does not issue a discretionary land-use permit for these homes.
Because family daycare homes are a use by right, the issue is usually the reverse - a county cannot lawfully impose zoning permits, business-license requirements, or extra fees on a properly state-licensed provider under Health & Safety Code 1597.45. A provider operating without the required state license from the Department of Social Services, or a large family home lacking the required fire clearance under Section 1597.46, is in violation of state law and subject to state licensing enforcement.
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