California law (Health and Safety Code 1597.40 and SB 234) protects family child care homes in all residential zones. Stockton cannot require a zoning permit or business license for licensed family daycare homes serving up to 14 children.
Under California Health and Safety Code 1597.40 and 1597.45, small family child care homes (up to 8 children) and large family child care homes (up to 14 children) are considered a residential use of property. Cities and counties cannot impose zoning restrictions, conditional use permits, or business license requirements on state-licensed family daycare homes in any residential zone. SB 234 (effective January 2020) removed the ability of local governments to impose special requirements on large family child care homes for spacing, concentration, traffic, parking, or noise. Licensing is handled exclusively by the California Department of Social Services Community Care Licensing Division. Operators must pass a facility inspection covering child-proofing, smoke detectors, fire extinguishers, age-appropriate equipment, and outdoor play space. A criminal background check is required for all adults in the household. Stockton cannot add requirements beyond state law for licensed family daycare operations.
Contact your local code enforcement office for specific penalty information.
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