Sonoma, CA Home Business: Home Daycare (2026)

Cal. Health & Safety Code §1597.45 (amended by SB 234, 2019) declares that the use of a home as a small or large family daycare home is 'a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.' Subsection (a)(3) prohibits any local jurisdiction — including the City of Sonoma — from imposing a 'business license, fee, or tax for the privilege of operating' a small or large family daycare home. Subsection (a)(4) provides that operating the home does not constitute a change of occupancy under state housing law or local building codes, so no commercial occupancy upgrade can be required. Under HSC §1597.465, small family daycare homes serve up to 8 children and large family daycare homes serve up to 14 children, including the provider's own children under age 10. Licensing is by the California Department of Social Services, Community Care Licensing Division — Title 22 CCR §§102352–102423. Sonoma's home-occupation rules under SMC §19.50.040 are largely inapplicable: the City cannot require its Administrative or Conditional Use Permit, business license, or signage approval for a state-licensed family daycare home, beyond ordinances that apply equally to all residences (e.g., generic noise, parking, fire safety). HSC §1597.46 does allow large family daycare homes to be subject to specific local non-discretionary standards (parking, fire clearance, traffic) but not a discretionary use permit unless certain limited conditions are met.