Family daycare homes in Murrieta are protected by California Health and Safety Code section 1597.30 et seq., which preempts local zoning restrictions on small and large family daycares. Small (up to 8 children) and large (up to 14 children) family daycares must be allowed in any residential zone, subject only to state licensing and limited local standards.
The California Child Day Care Facilities Act (H&S sections 1597.30-1597.63) and SB 234 (2019) establish that family daycare homes are a residential use by right in all residential zones, including single-family zones. Murrieta cannot require a conditional use permit, charge business-license fees exceeding a general residential business license, or mandate spacing from other daycares. Small family daycares (up to 8 children including the provider's own children under 10) and large family daycares (up to 14) must be licensed by the California Department of Social Services, Community Care Licensing Division. Fire clearance by Murrieta Fire & Rescue is required for large family daycares. The only local standards cities may impose are reasonable noise, spacing of play areas, and parking provisions to allow safe passenger drop-off. Provider must carry liability insurance of at least 100,000 dollars per occurrence or 300,000 aggregate, or post a bond. HOAs cannot ban licensed family daycares per Civil Code section 1597.40. Murrieta residents seeking to open a family daycare apply through CDSS regional office serving Riverside County and then file for a city business license.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Murrieta code enforcement directly for current fines, enforcement procedures, and hearing options.
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