Family daycare homes in unincorporated Inyo County are protected by California state law (Health and Safety Code §1597 et seq. / SB 234). Small and large family daycare homes are a residential use by right, so County zoning cannot prohibit them or charge a special business license, and the state licenses the provider.
Childcare offered in a provider's own home in unincorporated Inyo County is governed mainly by California state law, not a separate County ordinance. Under the California Child Day Care Facilities Act (Health and Safety Code §1597 et seq.), as amended by SB 234 (2019), the use of a home as a small family daycare home (up to 8 children) or a large family daycare home (up to 14 children) is considered a residential use of property and a use by right for all local ordinances, including zoning. As a result, Inyo County cannot require a conditional use permit or special zoning approval to operate one in a residential district, and the County may not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. The state - through the California Department of Social Services, Community Care Licensing Division - licenses the provider and sets the health, safety, staffing, and capacity standards. Local rules are limited: the County may apply building, fire, health, and safety standards only to the extent they are identical to those applied to all other residences with the same zoning designation. State law, the state building code, and the fire code preempt local rules on the use and occupancy of family daycare homes. Larger childcare centers (not in a home) are a different category and may require County land-use review.
Because family daycare homes are protected by state law, the main compliance obligation is holding a valid state license from Community Care Licensing. Operating an unlicensed daycare, or a County attempting to impose a special permit or business tax on a licensed family daycare home, would each run contrary to Health and Safety Code §1597.
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