Lake County, CA Home Business: Home Daycare (2026)

Family day care homes are licensed by the State of California (Community Care Licensing) and are protected from local zoning barriers by state law. Under the California Child Day Care Facilities Act (Health and Safety Code Section 1597.30 et seq.), as strengthened by SB 234 (the Keeping Kids Close to Home Act, effective January 1, 2020, codified at HSC 1597.40-1597.465), both small family day care homes (up to 8 children) and large family day care homes (up to 14 children) must be treated as a residential use of property and a use by right for all local ordinances, including zoning. A city or county cannot require a licensed family day care provider to obtain a zoning permit or business license solely because they operate a family day care home, and SB 234 deleted the prior authority counties had to impose 'reasonable' standards on large family day care homes regarding spacing, concentration, traffic, parking, and noise. Lake County's Zoning Ordinance still contains an older provision (Section 27.13(r), Table B) that lists 'Large Family Day Care' as requiring a minor use permit with conditions such as a four-foot play-area fence (six-foot solid where abutting a neighboring residence), hours of 7 a.m. to 9 p.m., paved access, and parking. That local standard predates SB 234 and is preempted to the extent it conflicts with state law - a licensed large family day care home in a residentially zoned area can no longer be required to obtain that local use permit. Providers should still meet state licensing requirements and any applicable building, fire, and health rules. Confirm current practice with the Community Development Department.