California Health & Safety Code 1597.40-1597.465 preempts local regulation of licensed family day care homes. Concord must treat small (up to 8 children) and large (up to 14 children) family day care homes as a residential use by right, subject only to state-mandated standards. Operators need a Community Care Licensing (CCL) license and a Concord Business License, but no conditional use permit, special zoning approval, or extra local fees.
California Health and Safety Code sections 1597.40 through 1597.465 establish strong statewide preemption of local regulation of family day care homes operated in the provider's own residence. Under HSC 1597.45, a small family day care home (up to 8 children including the provider's own) must be treated as a residential use of property and cannot be subjected to any local business license, zoning clearance, conditional use permit, or fee that is not imposed on other residential uses. Under HSC 1597.46, large family day care homes (9 to 14 children) must also be permitted in all residential zones but cities may adopt limited standards addressing spacing, concentration, traffic control, parking, and noise, provided those standards are not more restrictive than necessary. Concord's Development Code incorporates these state rules and permits small family day care homes by right in all residential zones with no discretionary review. Large family day care homes require a ministerial permit under the city's large family day care regulations, limited to the state-authorized standards. All operators must be licensed by the California Department of Social Services - Community Care Licensing Division, carry liability insurance or a bond as required by HSC 1597.531, install smoke alarms and carbon monoxide alarms, maintain safe outdoor play areas, and comply with fire safety inspections arranged through CCL. Pools and spas must be fenced or covered. Concord requires the provider to obtain a Business License (business tax certificate) through the Finance Department; this is the citywide tax license applied to all home businesses, consistent with preemption because it is not a zoning approval.
Contact your local code enforcement office for specific penalty information.
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Side-by-side rule comparisons with other cities in Contra Costa County.
See how other cities in Contra Costa County handle home daycare.
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