Family daycare homes in unincorporated Ventura County are treated as a residential use by right under California law (Health and Safety Code Sec. 1597.45). The Non-Coastal Zoning Ordinance defines a family daycare home as a state-licensed home caring for 14 or fewer children and lists the use as exempt in residential zones, so no conditional use permit is required.
California strongly preempts local zoning over family daycare homes, and Ventura County follows that framework. Under Health and Safety Code Sec. 1597.45, the use of a home as a small or large family daycare home is considered a residential use of property and a use by right for purposes of all local ordinances, including zoning ordinances, and a local jurisdiction may not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. The Non-Coastal Zoning Ordinance reflects this: it defines a Family Day Care Home as a home licensed by the State of California to provide care, protection, and supervision for periods of less than 24 hours per day for fourteen (14) or fewer children, including resident children under age ten. In the County's land-use matrices, a Family Day Care Home is listed as exempt (E) in residential zones, meaning no discretionary zoning permit such as a conditional use permit is required. The provider must obtain a state license from the California Department of Social Services, Community Care Licensing, and large family daycare homes must meet state fire and life-safety standards (HSC 1597.46) administered through the State Fire Marshal. Because the use is a residential use by right, the County's general home-occupation restrictions on employees and clients do not override the state's protection for family daycare homes. Confirm current licensing requirements with the state and any building-safety questions with the County.
Because the use is exempt, the main compliance risk is operating without the required state Community Care license; the County cannot require a conditional use permit or charge a business tax for the daycare use, but unlicensed care can be enforced by the state.
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