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.
Under California Health and Safety Code Sections 1597.40 through 1597.465 (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. State law also protects day-care operators from HOA restrictions under Health and Safety Code Section 1597.40(c).
Contact your local code enforcement office for specific penalty information.
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