California Law SB 234 Prohibits Local Zoning Restrictions on Home Daycares for Up to 14 Children

California's state legislature has enacted a significant measure, Senate Bill (SB) 234, to streamline the operation of home-based childcare facilities, classifying them as a residential use of property. This law, passed in 2019, explicitly prohibits local jurisdictions from imposing zoning requirements on family daycare homes caring for 14 or fewer children, aiming to boost the availability of much-needed childcare services across the state. The legislation underscores California's broader "abundance agenda" to address critical housing and service shortages.

SB 234 mandates that both small (up to 8 children) and large (up to 14 children) family daycare homes be considered a "by-right residential use" for all local ordinances, including zoning. This means cities cannot require special permits or impose unique land-use restrictions that differentiate these home-based businesses from other residences. Furthermore, the law forbids local governments from levying business licenses, fees, or taxes specifically for the operation of these family daycare homes.

The intent behind this legislative move is to reduce regulatory burdens that have historically limited childcare options. "If the city code prohibits this the city code needs to be edited!!!" stated Kelsey Piper on social media, highlighting the imperative for local municipalities to update their ordinances to align with state law. The state declared the home care of 14 or fewer children a "residential" use of space, thereby overriding conflicting local zoning rules.

This state preemption is part of a larger effort to increase the supply of essential services and housing by limiting local discretion. Similar legislative efforts, such as Assembly Bill (AB) 752, are also working to extend comparable protections and streamlining processes to larger childcare centers co-located with multi-family housing or community amenities. The consistent state policy aims to integrate childcare more seamlessly into neighborhoods, making it more accessible for families. While the law simplifies the regulatory landscape for providers, it necessitates ongoing vigilance from local governments to ensure their codes reflect these statewide mandates, ultimately fostering a more supportive environment for childcare expansion.