Under Cal. Health & Safety Code §1597.40 (SB 234, 2019), small (up to 8 children) and large (up to 14 children) family daycare homes are a residential use by right in Lodi. The City cannot require a zoning permit, business license, or business tax to operate one.
Cal. Health & Safety Code §1597.40 (added/replaced effective January 1, 2020 by SB 234, the Keeping Kids Close to Home Act) declares family daycare homes for children to be 'a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.' Subdivision (a) states that '[t]his act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes.' Local agencies may not require a zoning clearance, business license, or business tax for licensed family child care homes. Licensing is handled by the California Department of Social Services (CDSS), Community Care Licensing Division. The Lodi Home Occupation Permit provisions of LMC §17.36.060 are therefore preempted as applied to a state-licensed family daycare home — although the operator must still meet state building and fire-code standards.
Local zoning enforcement against a licensed family daycare home is preempted by §1597.40. Unlicensed daycare operations are enforced by CDSS Community Care Licensing under Cal. H&S Code §§1596.70 et seq. (Child Day Care Act), with civil penalties and cease-and-desist authority. Fire- and building-code deficiencies are enforced by the Lodi Fire Department and the city's Building Division through the state building and fire codes referenced in §1597.40.
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