Rocklin cannot restrict the operation of small or large family daycare homes through zoning. California Health & Safety Code §1597.45 (small family daycare) and §1597.46 (large family daycare) — as amended by SB 234 (2019), the Keeping Kids Close to Home Act — declare family daycare homes a residential use of property and a use by right in all residential zones, occupying the field and preempting local zoning, business license fees, and conditional use permits. The City may not impose a business license fee or tax for the privilege of operating a small or large family daycare home. Operators license through the California Department of Social Services, Community Care Licensing Division.
Small family daycare homes serve up to 8 children (or up to 10 with specific age mixes) and large family daycare homes serve up to 14 children, per Cal. Health & Safety Code §1596.78. Use of a home as either size of family daycare 'shall not constitute a change of occupancy' for purposes of the State Housing Law or local building codes (§1597.45(c)). Large family daycare fire-safety standards are set by the State Fire Marshal under Title 24 CCR; Rocklin may not adopt inconsistent local fire-safety rules except those applied uniformly to all residences in the same zone. Operators must still obtain a Rocklin Home Business Permit for tracking purposes, but the City may not impose a fee for operating the daycare itself and may not condition the permit on additional zoning review (SB 234, 2019).
If Rocklin or an HOA attempts to prohibit a licensed family daycare home, the operator may bring a civil action — Cal. Health & Safety Code §1597.40 voids HOA CC&Rs that restrict family daycare, and §1597.45 preempts conflicting local ordinances. Operating an unlicensed family daycare exceeding the in-home child-care exemption is a violation of the California Child Day Care Facilities Act, enforced by CDSS.
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