Under California SB 234, small (up to 8 children) and large (up to 14 children) family daycare homes are a residential use by right in unincorporated Monterey County. The County cannot require a zoning permit, business license, or fee, and cannot apply parking, noise, spacing or sign rules that do not apply to all homes in the same zone. Operators must hold a state license.
California's Keeping Kids Close to Home Act (SB 234, effective January 1, 2020) governs family daycare homes statewide and preempts local zoning. Health & Safety Code 1597.45 provides that the use of a home as a small or large family daycare home is a residential use of property and a use by right for purposes of all local ordinances, including zoning. Health & Safety Code 1597.40 establishes that state law, the state building code and fire code preempt local laws governing the use and occupancy of family daycare homes, and local agencies shall not directly or indirectly prohibit or restrict their use. Section 1597.45 also bars a local jurisdiction from imposing a business license, fee, or tax for the privilege of operating a small or large family daycare home, and standards such as parking, noise, spacing and signs may not be applied to a family daycare home unless they apply to all residences in the same zoning district. A small family daycare home serves up to 8 children and a large family daycare home serves 7 to 14 children, inclusive. As a result, unincorporated Monterey County cannot require a discretionary planning permit, conditional use permit, variance or business license for a family daycare home. The operator must instead obtain a license from the California Department of Social Services, Community Care Licensing Division.
Because state law makes a family daycare home a residential use by right, a County attempt to require a zoning permit, business license or special fee would be preempted. Operating a family daycare home without the required state Community Care Licensing license, or exceeding the licensed capacity, is enforced by the state, not the County zoning office, and can result in state penalties and loss of the license.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Monterey, CA
The City of Monterey regulates noise through its municipal code, prohibiting loud and disturbing noise with stricter nighttime limits (generally 10 p.m.–7 a....
Monterey, CA
Persistent dog barking in the City of Monterey is enforced under the noise ordinance and animal provisions as a disturbance; chronic barking that disturbs ne...
Monterey, CA
Construction noise in the City of Monterey is limited to daytime hours under the noise ordinance — typically 7 a.m.–7 p.m. weekdays with reduced weekend hour...
Monterey, CA
Driveway approaches in the City of Monterey require an encroachment permit and must meet city standards; vehicles generally must be parked on an approved pav...
Monterey, CA
On-street parking in the City of Monterey is governed by the vehicle code, with extensive metered and time-limited zones downtown and near the wharf, plus 72...
Monterey, CA
RV, trailer and boat storage on residential lots in the City of Monterey is regulated by zoning, which restricts placement and prohibits living in a parked RV.
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