While most home occupation rules are local, California Government Code section 65852.2 and Business and Professions Code provisions universally guarantee certain residential uses such as accessory dwelling units and licensed professional offices statewide.
Government Code 65852.2 requires every local jurisdiction to ministerially approve accessory dwelling units that meet state standards, which can be used for home-based work. Business and Professions Code 5555 (architects), 6735 (engineers), and similar provisions confirm licensed professionals' right to office uses subject only to general zoning. Health and Safety Code 1597.40 (large family daycare) and 1597.45 (small family daycare) prohibit local bans on family child care homes. Local agencies must permit these enumerated home uses; broader home occupation rules remain local.
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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