Sacramento County allows small (up to 8 children) and large (up to 14) family daycare homes by right in residential zones under CA HSC 1597.30 state preemption.
Unincorporated Sacramento County follows California Health and Safety Code Sections 1597.30 through 1597.621 which preempt local zoning for family daycare homes. Small family daycare (up to 8 children) and large family daycare (up to 14 children) are considered residential uses by right and cannot be prohibited or subjected to conditional use permits. Providers must hold a California Community Care Licensing Division (CCLD) license. Sacramento County Code Title 5 requires a business operations tax certificate. Large family daycare homes must meet fire marshal inspection requirements under Title 22 CCR.
Operating without state license: misdemeanor under HSC 1596.890. Failure to obtain business tax certificate: civil penalties and back taxes owed.
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