California Statewide Rule

California Family Daycare Homes Preempt Local Zoning

Few RestrictionsApplies statewide across California (2026)

Key Facts

Statewide concern: H&S Code 1597.40
Small daycare cap: 8 children
Large daycare cap: 14 children
License agency: CDSS Community Care
Unlicensed penalty: $200 per day

Last verified: September 5, 2026Source: California Health and Safety Code 1597.40

Summary

Health and Safety Code sections 1597.40 through 1597.465 require all California cities and counties to treat licensed family daycare homes as permitted residential uses, preempting any local prohibition or restrictive zoning.

The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.

Source: California Health and Safety Code 1597.40View official code

Full Breakdown

Health and Safety Code 1597.40 declares family daycare homes a matter of statewide concern. Under SB 234 (2019), Section 1597.45 treats both small (up to 8 children) and large (up to 14 children) family daycare homes as a residential use of property by right for purposes of all local ordinances, including zoning; cities cannot require conditional use permits and cannot impose a business license, fee, or tax for operating one. Section 1597.465 voids restrictive deeds and HOA covenants. Licensing is handled exclusively by the Department of Social Services under the California Child Day Care Facilities Act.

Violations & Penalties

Operating without a state license is a misdemeanor under Health and Safety Code 1596.890 punishable by up to $200 per day. Local agencies that deny permitted family daycares face mandamus, attorney fees, and Attorney General enforcement.

Frequently Asked Questions

Does my city have any say over my family daycare?

Very little. Since SB 234 (2019), both small and large family daycare homes are residential uses by right; cities cannot require zoning permits and cannot impose business licenses, fees, or taxes for operating one.

Are HOA bans on home daycare enforceable?

No. Health and Safety Code 1597.465 voids any deed restriction, covenant, or HOA rule that prohibits family daycare in homes used for that purpose.

Sources

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