California Health & Safety Code §1597.45 classifies small (≤8 children) and large (9-14 children) family daycare homes as a residential use 'by right' in any residential zone. Lincoln cannot require a use permit, business license, or business tax to operate a licensed family child care home.
Per HSC §1597.45(a), operating a small or large family daycare home is 'considered a residential use of property and a use by right' under local zoning. The statute also prohibits cities from imposing 'a business license, fee, or tax' on family daycare homes and forbids treating the use as an occupancy change under building/housing codes. Lincoln may still apply generally-applicable residential standards (building height, setbacks, lot dimensions) but cannot single out daycares. State licensing is administered by the California Department of Social Services Community Care Licensing Division: small homes serve up to 8 children, large homes serve 9-14. AB 2517 (2019) eliminated local conditional use permit requirements for large family daycares. The provider must reside in the home. Smoke alarms, CO alarms, and fire extinguisher rules per Title 22 CCR apply.
Lincoln cannot enforce zoning, business license, or use permit requirements against a state-licensed family daycare home; doing so would violate HSC §1597.45. State licensing violations (operating without a CDSS license, exceeding child capacity, lack of required safety equipment) are enforced by the Department of Social Services and may result in license suspension, civil penalties up to $200/day under HSC §1596.890, or criminal misdemeanor charges under HSC §1596.890.
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