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.
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.
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.
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