Small family daycare homes serving up to 8 children are permitted by right in all residential zones in Santa Ana under California Health and Safety Code Section 1597.45. Large family daycare homes serving 9-14 children require a use permit from the city.
California state law (HSC §1597.45) mandates that small family daycare homes (up to 8 children including the provider's own) be treated as a residential use permitted in all zones allowing residences, and Santa Ana may not prohibit or require a use permit for them. Large family daycare homes serving 9 to 14 children require a use permit from the city under SAMC Chapter 41 zoning provisions. All home daycare operations require licensing from the California Department of Social Services Community Care Licensing Division. Providers must meet state requirements for staff-to-child ratios, health and safety standards, background checks, and facility standards. Santa Ana also requires a business license for home daycare operations.
Operating an unlicensed daycare is a violation of state law subject to civil penalties. Operating a large family daycare without a city use permit is a zoning violation subject to code enforcement action.
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