Both small (up to 8 children) and large (up to 14 children) in-home family child care are permitted by right in residential and agricultural zones under Section 7-9-95.5 of the Orange County Zoning Code, consistent with California SB 234 (HSC 1597.45/1597.46). No County use permit is required; a use permit applies only to centers serving more than 14.
In-home family child care in unincorporated Orange County is governed by Section 7-9-95.5 (Child Day Care Facilities) of the County Comprehensive Zoning Code. Subsection (a) provides that an in-home family child care, small (licensed care for up to 8 children under 18, including resident children) shall be permitted in any district, planned community, or specific plan area zoned for residential or agricultural uses. Subsection (b) provides that an in-home family child care, large (licensed care for up to 14 children under 18) shall likewise be permitted in any residential or agricultural district. The code defines an in-home family child care as a home where the resident provides regular nonmedical care, protection, and supervision of children for periods of less than 24 hours per day, and the provider must be licensed under the State Health and Safety Code unless specifically exempted. This by-right treatment is consistent with California SB 234 (2019), which amended Health and Safety Code Sections 1597.45 and 1597.46 so that using a home as a small or large family day-care home is a residential use and a use by right for all local ordinances, including zoning; local governments may no longer require a conditional use or zoning permit for a large family day-care home. Only child care centers / early education facilities serving more than 14 persons require approval of a Use Permit by the Planning Commission under Section 7-9-95.5(c). Large family day-care homes must still obtain a State license and a fire safety clearance under State Fire Marshal standards in Title 24.
Operating a family child care home without the required State license, or operating a child care center serving more than 14 persons without the required County Use Permit, is a violation. The County may not, however, require a zoning/use permit for a small or large family day-care home itself, given the SB 234 preemption.
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