California Health & Safety Code §1597.45 classifies licensed family day care homes as residential uses and preempts local zoning that would treat them differently from single-family dwellings. Richmond must permit Small (up to 8 children) and Large (up to 14 children) Family Child Care Homes by right in residential zones, subject only to state licensing and minimal local standards.
Under California Health & Safety Code §§1597.40–1597.465 (the California Child Day Care Facilities Act), family child care homes are considered a residential use of property for purposes of all local ordinances. Richmond cannot require a conditional use permit, special zoning, or business tax license treatment that differs from other residences for licensed family child care homes. Small Family Child Care Homes serve up to 8 children, and Large Family Child Care Homes serve up to 14 children (including the provider's own children under 10). Both require a license from the California Department of Social Services, Community Care Licensing Division. Providers must meet state health, safety, and staff-to-child ratio requirements, pass background checks, complete CPR/first aid and 15 hours of health and safety training, and install smoke alarms, carbon monoxide detectors, and fire extinguishers. Local fire and building code compliance (egress, pool fencing) still applies. Richmond may require notification of neighbors within 100 feet for Large Family Child Care Homes but cannot deny the use on zoning grounds. Business license fees, if charged, cannot exceed the cost of administering the license.
Contact your local code enforcement office for specific penalty information.
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