Family day care homes are protected by California state law. In unincorporated Sutter County, Small Family Day Care is permitted by right in all residential districts, while Large Family Day Care requires a Zoning Clearance in lower-density residential zones and is permitted by right in higher-density (R-3, R-4) zones, with additional parking, fire, building, and Environmental Health sign-offs.
California treats family day care homes as a residential use. State law (Health & Safety Code Chapter 3.6, including sections 1597.40 and 1597.465) makes a Small Family Day Care home (up to 8 children) a residential use for all local ordinances and bars local rules that distinguish it from other single-family dwellings; a Large Family Day Care home (up to 14 children) may be classified as residential or made subject to a local permit process. Sutter County's Zoning Code implements this in Table 1500-06-1: Small Family Day Care is Permitted (P) in all residential districts (RAN, ER, R-1, R-2, R-3, R-4) with no permit. Large Family Day Care requires a Zoning Clearance (ZC) in RAN, ER, R-1, and R-2, and is Permitted (P) in R-3 and R-4. Section 1500-06-030(K) sets the standards for Large Family Day Care: one additional off-street parking space located outside the front and street-side yard setback; evidence of a valid license issued by the (California) Department of Social Services; and written approval from the Sutter County Environmental Health Division, the Sutter County Building Division, and the appropriate fire service agency. Written consent of the property owner is required where the property is leased or rented.
Operating a Large Family Day Care without the required Zoning Clearance, state license, or the County's Environmental Health, Building, and fire approvals can result in zoning enforcement by the Development Services Department. Because state law protects family day care homes, the County may not impose conditions that treat them differently from other dwellings except as the statute allows.
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