Cal. Health & Safety Code §1597.45 (as amended by SB 234, 2019) preempts Jurupa Valley zoning. Small and large family daycare homes are a residential use 'by right' in any residential zone — no Home Occupation Permit, no conditional use permit, and no local business license, fee, or tax may be required.
California Health & Safety Code §1597.45, as amended by SB 234 (the Keeping Kids Close to Home Act, effective January 1, 2020), provides that 'the use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.' This is a hard state preemption: the City of Jurupa Valley cannot require a Home Occupation Permit under JVMC §9.240.570, cannot require a Conditional Use Permit, cannot require a public hearing, and cannot impose special parking or zoning clearance requirements for either a small (up to 8 children) or large (up to 14 children) family daycare home. §1597.45(a)(3) also prohibits a local jurisdiction from imposing 'a business license, fee, or tax for the privilege of operating a small or large family daycare home,' so Jurupa Valley may not require its standard Business Registration Certificate for a family daycare home. The state Child Day Care Act (H&S Code §§1596.70–1596.895) and the California Department of Social Services Community Care Licensing Division (CCLD) license and regulate the operation — including caregiver-to-child ratios, fire/building safety, background checks, and inspections. SB 234 also requires the City to treat a family daycare home identically to a single-family home for setback, lot dimension, and building-height rules. SB 234 also expanded protections so a landlord, HOA, or CC&Rs cannot prohibit a tenant from operating a family daycare home. This makes home daycare the most permissive home-business category in Jurupa Valley.
There are no local Jurupa Valley enforcement actions available against a properly licensed family daycare home operating within state ratios — any attempt to require a city HOP or impose a city fee would be void as preempted under §1597.45. Operating without a state license from CCLD is a state-law violation (criminal misdemeanor under H&S Code §1596.890 with potential civil penalties up to $200/day per child), enforced by CCLD, not the City. If a daycare operator exceeds large-daycare ratios (14 children), the use loses its 'family daycare home' protected status and the City could then enforce normal zoning rules under JVMC §9.240.570 and Title 9. Discrimination by a landlord, HOA, or CC&Rs against a family daycare home is actionable under SB 234 and Cal. Civil Code §1597.40 et seq.
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