California H&S Code §1597.40-.45 preempts local restrictions on family daycare homes. Small (up to 8 children) and Large (up to 14) family daycares allowed BY RIGHT in all residential zones in unincorporated San Mateo County. State license required through CDSS.
California Health & Safety Code §1597.40-1597.465 (Family Daycare Home Preemption) strongly preempts local zoning restrictions on family childcare homes. Small family daycares (up to 8 children including the provider's own under age 10) and large family daycares (up to 14 children with assistant) must be treated as residential use in all residential zones — no conditional use permit or discretionary review allowed. San Mateo County cannot require a business license, home occupation permit, or special zoning approval for state-licensed family daycares. State licensing through California Department of Social Services, Community Care Licensing Division required: background checks via LiveScan, CPR/first aid certification, TB test, home safety inspection, fire clearance, minimum 35 sq ft indoor/75 sq ft outdoor per child, and liability insurance or bond. CCLD conducts periodic inspections. Local HOA restrictions on family daycare are void under §1597.45. Drop-off/pickup traffic cannot be used as pretext for prohibition.
Operating without CDSS license: misdemeanor, $200-$1,000 fines, closure order. Safety violations: CDSS citation, possible license suspension. Exceeding capacity: immediate correction. Local ordinance enforcement attempts against licensed daycares: void and unenforceable.
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