Richmond, CA Home Business: Home Daycare (2026)
Key Facts
- Child Capacity
- California HSC §1597.45 treats family child care as residential use
- Child Capacity
- Small homes serve up to 8 children; Large homes up to 14
- Permit
- State license from DSS Community Care Licensing required
- Requirement
- Richmond cannot require CUP or special zoning approval
- Requirement
- Smoke alarms, CO detectors, and pool fencing still required
Summary
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.
(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. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter.
Full Breakdown
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.
Frequently Asked Questions
Can my HOA or my neighbors stop me from opening a family day care?
Do I need a Richmond business license?
Sources & Official References
Other rules in Richmond
California rules heatmap·Compare Richmond to another location·View the California home business overview
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Home Daycare in Nearby Cities
How other cities in Contra Costa County handle home daycare.