California H and S Code 1597.40 preempts local zoning for family daycare homes, requiring Santa Clara County to treat licensed family childcare as residential use. State licenses the operators.
Under California Health and Safety Code section 1597.40, family daycare homes serving up to 14 children (small up to 8, large up to 14) must be treated as a residential use by local governments. Santa Clara County cannot require a special use permit, conditional use permit, or business license specifically because a residence is used for family daycare. Operators must obtain a state license from the California Department of Social Services Community Care Licensing Division and comply with Title 22 regulations including background checks, safety inspections, trustline checks, and ratios. Fire clearances are required for large family daycares. The county can enforce generally applicable rules (building code, fire code, noise, nuisance) but cannot single out daycare for stricter treatment. Parents should verify a provider is licensed through the state licensing search before enrolling.
Operating an unlicensed family daycare is a state violation enforceable by the California Department of Social Services, with fines and potential referral for criminal prosecution. Local code enforcement addresses nuisance or building code issues.
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