Santa Clara must treat small and large family daycare homes as permitted residential uses under California Health and Safety Code 1597.40, which preempts local zoning restrictions on licensed family daycares.
California Health and Safety Code 1597.40 establishes statewide preemption of local regulations for family daycare homes. Santa Clara cannot require a conditional use permit or business license that treats a licensed family daycare differently from a single-family residence. Small family daycares (up to 8 children) and large family daycares (up to 14 children) are permitted by right in all residential zones. Operators must hold a current license from California Department of Social Services Community Care Licensing Division. Santa Clara may enforce reasonable spacing, fire code compliance under the Santa Clara Fire Department, and building safety standards, but cannot impose conditions that do not apply to comparable residences. Operators must carry liability insurance or a bond as required by state law and notify neighbors within 300 feet before opening a large family daycare.
Contact your local code enforcement office for specific penalty information.
See how other cities in Santa Clara County handle home daycare.
See how Santa Clara's home daycare rules stack up against other locations.
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