Antioch, CA Home Business: Home Daycare (2026)
Key Facts
- Measurement
- HSC 1597.45 preempts local zoning; day care allowed by right in residential
- Authority
- Small Family Day Care: up to 8 children; Large: up to 14
- Permit/License
- State license from CA Department of Social Services required
- Fees
- Liability insurance of $100K/$300K or signed parent affidavits required
- Authority
- HOAs cannot prohibit licensed family day care under state law
Summary
California Health and Safety Code Section 1597.45 preempts local regulation of small and large family day-care homes, treating them as residential use by right. Antioch must permit licensed family child care in all residential zones. Operators need state licensing through the California Department of Social Services but cannot be required to obtain a conditional use permit.
(a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.
(b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.
(c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.
(d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.
(e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter.
Full Breakdown
465 (the California Child Day Care Facilities Act), family day-care homes are classified as a residential use and are a permitted use by right in any residential zone. Antioch cannot require a conditional use permit, business license restrictions unique to day care, or impose spacing requirements between homes. Small Family Day Care Homes (up to 8 children) and Large Family Day Care Homes (up to 14 children) must be licensed by the California Department of Social Services, Community Care Licensing Division. Licensing requires fingerprint clearance, home inspection, CPR/first aid certification, tuberculosis testing, and completion of required orientation courses.
Operators must carry liability insurance of at least $100,000 per occurrence and $300,000 aggregate, or obtain a signed affidavit from each parent acknowledging lack of coverage. Fire clearance is required for Large Family Day Care Homes through the Contra Costa County Fire Protection District. Antioch may apply reasonable standards that apply to all residential uses, such as noise limits and parking standards, but cannot single out day care for stricter treatment. 40(c).
Frequently Asked Questions
Does Antioch require a special permit to run a day care at home?
How many children can I care for in my Antioch home?
Can my HOA stop me from operating a licensed day care?
Sources & Official References
Other rules in Antioch
California rules heatmap·Compare Antioch to another location·View the California home business overview
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How other cities in Contra Costa County handle home daycare.