California law (Health & Safety Code 1597.40 et seq. / SB 234) protects family day care homes as a residential use by right, so they need no local zoning permit. Shasta County Zoning Code 17.88.215 lists standards for large family day care homes (up to 14 children), but state law now treats even large homes as by-right.
Child day care in a home is governed by state law that limits what counties may require. Under the California Child Day Care Facilities Act (Health and Safety Code 1597.40 et seq.) and SB 234, both small and large family day care homes are a residential use by right for purposes of all local ordinances, including zoning. A small family day care home (generally up to eight children) cannot be required to obtain a local zoning permit. As amended by SB 234, large family day care homes (up to 14 children, depending on ages) are likewise a by-right residential use, and a county may not require a use permit or apply requirements not applied to other residences in the same zone; a fire-safety clearance approved by the State Fire Marshal (or the local fire authority using state-adopted standards) may still be required. Shasta County's Zoning Code Section 17.88.215, 'Large family day care home,' lists the County's standards: the maximum number of children or adults at any time is 14 (including the licensee's and assistant's children under 10 and all other children under 18); it may be located in a one-family residence; it must not be within 500 feet driving distance of another large family day care home; no signs are permitted; and a State Fire Marshal fire clearance and a gravel-or-better parking/loading area are required. Because SB 234 controls, providers should treat the home as a by-right residential use where state law conflicts with older local permit language; licensing is handled by the California Department of Social Services.
Operating a family day care home is protected by state law and cannot be penalized as a prohibited use, but failing to obtain the required state Community Care Licensing license, or the State Fire Marshal fire-safety clearance, can result in state enforcement. Health, safety, and nuisance conditions remain subject to County Code Chapters 1.08, 1.12 and 8.28 to the same extent as any residence.
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