Contra Costa County, CA Home Business: Home Daycare (2026)
Key Facts
- Small family day care
- Up to 8 children, residential use
- Large family day care
- 9-14 children, permit allowed
- State law
- HSC 1597.30-1597.622
- License agency
- CA Dept. of Social Services CCLD
- Local ban
- Prohibited by state preemption
Summary
Small family day care homes (up to 8 children) and large family day care homes (up to 14 children) are protected by California Health & Safety Code sections 1597.30-1597.622. Contra Costa County cannot prohibit them in residential zones and must treat them as residential uses for zoning purposes.
(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.
Full Breakdown
) preempts local regulation of family day care homes. 45, a small family day care home (caring for up to 8 children) must be treated as a residential use of property and cannot be subject to a conditional use permit, zoning clearance, or business license requirement beyond what applies to any other residence. 46; Contra Costa County may require a permit but cannot prohibit them in single-family residential zones, and the permit standard is limited to spacing, traffic, noise, and concentration concerns. All family day care homes must be licensed by the California Department of Social Services, Community Care Licensing Division.
Operators must carry liability insurance or a bond, install smoke and CO detectors, maintain fire extinguishers, and pass home inspections. Providers must also comply with state ratios (typically no more than 2 infants in a small home plus school-age supplemental). Contra Costa County cannot impose breed-specific dog restrictions, fence requirements, or parking mandates beyond what state law authorizes for large family homes.
Frequently Asked Questions
Can Contra Costa County ban a day care in my home?
Do I need a county permit for a small family day care?
Sources & Official References
Other rules in Contra Costa County
California rules heatmap·Compare Contra Costa County to another location·View the California home business overview
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