Lodi treats licensed Family Daycare Homes as a residential use, consistent with California Health & Safety Code §1597.40-§1597.62. Small (up to 8 children) and Large (up to 14) family daycare homes are permitted in all residential zones without local discretionary review.
California's Child Day Care Facilities Act preempts local zoning restrictions on Family Daycare Homes. Under H&S §1597.45, a Small Family Daycare Home (up to 8 children) and Large Family Daycare Home (up to 14 children, AB 2960, 2019) are treated as a residential use of property. Lodi cannot require a use permit, business license fee beyond what other home occupations pay, or impose spacing requirements between daycare homes, but providers must hold a current Community Care Licensing license from the California Department of Social Services. Standard fire and life-safety inspections by Lodi Fire still apply for Large Family Daycare Homes, and standard building setbacks and parking apply to any structural changes.
Operating an unlicensed family daycare is a state Health & Safety Code violation enforced by California Department of Social Services. Building or fire code violations at a daycare home are enforced by Lodi Building and Fire.
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