Family daycare homes in unincorporated Mono County are protected by California state law. Health & Safety Code 1597.45 makes small and large family daycare homes a residential use 'by right' for all local zoning, and bars local business-license fees for them. Operators license through the state, not through County zoning approval.
Mono County's zoning chapter (Chapter 04) does not contain its own family-daycare provisions, and that is by design: California Health & Safety Code Chapter 3.6 preempts local zoning in this area. Section 1597.45 provides that the use of a home as a small OR large family daycare home 'shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances,' and that a local jurisdiction 'shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.' The statute also provides that such use does not constitute a change of occupancy under the State Housing Law or local building codes. Section 1597.46 adds that for large family daycare homes a city or county cannot adopt or enforce fire-and-life-safety building rules inconsistent with the State Fire Marshal's standards (Title 24), except where a rule applies to all residences with the same zoning designation; large homes must meet the State Fire Marshal's family-daycare fire/life-safety standards in addition to the building code. Because of this preemption, an operator in the unincorporated county obtains a license through the California Department of Social Services (Community Care Licensing) rather than a County zoning permit, and the County must treat the home as an ordinary residence.
Local attempts to require a conditional-use permit, zoning clearance, or business-license fee specifically for a family daycare home conflict with HSC 1597.45. Operators, however, must hold a valid state daycare license and meet State Fire Marshal standards for large homes; operating unlicensed is a state violation.
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See how Mono County's home daycare rules stack up against other locations.
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