Under Santa Barbara County Land Use & Development Code Section 35.42.090, small and large family day care homes are treated as residential uses, consistent with California state law. Providers need a state license (or exemption) from the Department of Social Services, and large homes must keep 300 feet from another large facility.
Family day care homes in unincorporated Santa Barbara County are regulated under Land Use & Development Code Section 35.42.090 (Community Care Facilities), which mirrors California's preemptive treatment of family day care as a residential use. Small family day care homes are considered a residential use and are allowed in compliance with the zoning code if the provider has obtained a license, or a statement of exemption from licensing, from the California Department of Social Services. Large family day care homes are also considered a residential use, allowed subject to standards: the provider must have a state license or statement of exemption; the property must be located more than 300 feet from another large family day care facility, and approval must not result in over-concentration; review is a ministerial action generally exempt from CEQA (except certain Coastal Zone appeal areas); and notice of the permit approval is mailed to property owners within a 300-foot radius. Because state law (Health & Safety Code 1597.40 et seq.) classifies family day care homes as residential occupancies, the County cannot impose nonresidential business-license or use-permit barriers that treat these homes differently from other dwellings, beyond the limited standards in Section 35.42.090. The state Department of Social Services licenses small homes (up to 8 children) and large homes (up to 14 children).
Operating a family day care home without the required state license or exemption, or a large home that fails the spacing or notice standards, is subject to enforcement under the zoning code and to state licensing action by the Department of Social Services.
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