Home daycares are protected under California state law and cannot be prohibited by local zoning. Small family daycare homes (up to 8 children) operate by right in residential zones. Large family daycare homes (9-14 children) require a use permit from the city.
California Health and Safety Code Section 1597.45 preempts local zoning restrictions on small family daycare homes. In Thousand Oaks, small family daycare homes serving up to 8 children (including the provider's own) operate by right in any residential zone with a state license from Community Care Licensing. Large family daycare homes serving 9-14 children require both a state license and a city use permit under TOMC Chapter 9. Use permit conditions may address parking, pickup/drop-off logistics, outdoor play areas, and hours of operation. All home daycare facilities must comply with state licensing standards for safety, staffing ratios, and background checks.
Operating without a state license is a violation of California law. Large family daycares without a city use permit face code enforcement action. Unlicensed facilities may be shut down by Community Care Licensing.
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Thousand Oaks, CA
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