Small (up to 8 children) and large (up to 14 children) family daycare homes are treated as a residential use 'by right' under California Health and Safety Code Sections 1597.45-1597.46. Placer County cannot require a zoning permit or business license to operate one, and since SB 234 (2020) cannot impose special spacing, parking, traffic or noise rules.
Family daycare in unincorporated Placer County is governed primarily by California state law, which preempts local zoning. Under Health and Safety Code Sections 1597.45 and 1597.46, 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.' A small family daycare home cares for up to 8 children and a large family daycare home cares for up to 14 children. A local jurisdiction may not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home, and may not require a use permit, conditional use permit, or zoning clearance solely because the home is a family daycare. Senate Bill 234 (the Keeping Kids Close to Home Act), effective January 1, 2020, removed cities' and counties' former ability to impose 'reasonable' special standards on large family daycare homes regarding spacing and concentration, traffic control, parking, and noise. Providers are licensed by the California Department of Social Services, Community Care Licensing Division; the home must still meet state licensing requirements (e.g., building, fire and safety standards) and ordinary residential building codes.
Because state law makes family daycare a residential use by right, Placer County generally cannot cite an operator for lack of a local zoning permit or business license. Operating without the required state license from the California Department of Social Services, however, is a violation enforced at the state level. General residential building, fire and health standards still apply.
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See how Placer County's home daycare rules stack up against other locations.
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