Under Sacramento County Zoning Code Section 3.5.1.F, the use of a legally permitted, lawfully occupied dwelling as a family day care home is a permitted use in all zoning districts and requires no County zoning permit. This mirrors California's preemption of local zoning over family day care homes (Health & Safety Code 1597.40 et seq.).
Sacramento County Zoning Code Section 3.5.1.F (amended July 11, 2024) states that the use of a legally permitted and lawfully occupied dwelling as a family day care home is a permitted use in all zoning districts and does not require any permit pursuant to the zoning ordinance. This tracks California state law, which strongly preempts local zoning over family day care homes: under Health & Safety Code Sections 1597.40-1597.465, both small family day care homes and large family day care homes are treated as residential uses, and a city or county generally may not require a use permit, conditional use permit, or business license process that treats them differently from other single-family residences (a large family day care home cannot be subjected to discretionary review beyond limited standards). Licensing of family child care homes is handled by the California Department of Social Services, Community Care Licensing Division, not the County zoning office. Operators should still verify any non-zoning requirements (such as the state license, fire clearance for larger homes, and a County business license where applicable) directly with the relevant agencies, but the County does not impose a separate home occupation or zoning permit for a family day care home.
Because family day care homes are a permitted use by-right, zoning enforcement is limited; however, operating without the required state license from the California Department of Social Services is a separate state violation.
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See how Sacramento County's home daycare rules stack up against other locations.
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