California Statewide Rule
California Home Occupation Zoning Limits Local Bans
Key Facts
- ADU mandate
- Gov Code 66310 et seq.
- Family daycare
- H&S Code 1597.45
- Cottage food
- Gov Code 51035
- HCD enforcement
- Gov Code 65585
- Approval type
- Ministerial review
Summary
While most home occupation rules are local, state law guarantees certain residential uses statewide, including accessory dwelling units under Government Code 66310 et seq., family daycare homes, and cottage food operations.
Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination of the following units: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
Full Breakdown
Government Code 66310 et seq. (formerly 65852.2) requires every local jurisdiction to ministerially approve accessory dwelling units that meet state standards, which can be used for home-based work. Health and Safety Code 1597.45 makes small (up to 8 children) and large (up to 14 children) family daycare homes residential uses by right that cities cannot prohibit or tax. Government Code 51035 bars local bans on registered cottage food operations in residential dwellings. Local agencies must permit these enumerated home uses; broader home occupation rules such as signage, customer traffic, and nuisance standards remain a matter of local control.
Violations & Penalties
Local agencies that deny ministerial ADU permits or ban statutorily protected home uses face mandamus, attorney fees under Government Code 65589.5, and HCD enforcement referrals to the Attorney General.
Frequently Asked Questions
Can a city ban all home businesses?
Who enforces the state preemption?
Sources
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