Martinez, CA Home Business: Home Daycare (2026)

California's Child Day Care Facilities Act (Health & Safety Code 1596.70 et seq.) preempts local regulation of family day care homes. Under HSC 1597.45, 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. Large family day care homes (9-14 children) are similarly protected under HSC 1597.46; 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.