California Health and Safety Code 1597.40 to 1597.46 preempts local zoning and treats licensed Family Child Care Homes as a residential use, so Oakland cannot require a conditional use permit, and state-licensed small (up to 8) and large (up to 14) home daycares are allowed by right in any residential zone.
The California Child Day Care Facilities Act (H and S 1596.70 et seq.) and specifically H and S 1597.40 declare that family daycare for children is a residential use, preempting local zoning. Oakland must treat a licensed Family Child Care Home the same as a residence under OMC 17.102 and cannot impose conditional use permits, business license differentials, or special setbacks. Small Family Child Care Homes serve up to 8 children, and Large Family Child Care Homes serve up to 14 children, both licensed by the California Department of Social Services, Community Care Licensing Division. Cities may enforce reasonable spacing and health/safety rules that apply generally to residences and must allow both sizes by right following SB 234 (2019). Oakland still requires a Business Tax Certificate. State licensing addresses staff ratios, safety, fire clearance (often including an annual fire inspection for Large FCCH), and background checks. Home-occupation signage rules under OMC 17.102 still limit any exterior identification.
Operating an unlicensed daycare is a misdemeanor under H and S 1596.890 and can bring state fines and closure. City-level enforcement is limited; Oakland cannot cite a properly licensed home daycare for zoning noncompliance related to the daycare use itself. Violations of fire or building code applicable to residences (egress, smoke alarms) are enforced normally.
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