Home Daycare: Anaheim vs Midway City
How do home daycare rules compare between Anaheim, CA and Midway City, CA?
Midway City has fewer restrictions than Anaheim.
Anaheim, CA
Orange County
Small family daycare (up to 8 children) is permitted in residential zones under California Health and Safety Code 1597.44. Large family daycare (9-14 children) may require a conditional use permit. State licensing required for all.
View full Anaheim rules →Midway City, CA
Orange County
Health and Safety Code sections 1597.40 through 1597.465 require all California cities and counties to treat licensed family daycare homes as permitted residential uses, preempting any local prohibition or restrictive zoning.
View full Midway City rules →Key Facts Comparison
| Fact | Anaheim | Midway City |
|---|---|---|
| Small (≤8) | Permitted by right | - |
| Large (9-14) | May need CUP | - |
| License | State CDSS required | - |
| State Law | H&S Code 1597.44 | - |
| Statewide concern | - | H&S Code 1597.40 |
| Small daycare cap | - | 8 children |
| Large daycare cap | - | 14 children |
| License agency | - | CDSS Community Care |
| Unlicensed penalty | - | $200 per day |
Highlighted rows indicate differences between cities.
Anaheim FAQ
Can I run a daycare from my home in Anaheim?
Yes. Small family daycare (up to 8 children) is permitted by right in residential zones under state law. Large daycare (9-14) may need a CUP.
What licensing do I need?
California Department of Social Services Community Care Licensing is required for all family daycare. An Anaheim business license is also needed.
Midway City FAQ
Does my city have any say over my family daycare?
Cities cannot prohibit family daycares. For large family daycares they may apply only narrow standards on parking, spacing, and noise. Small family daycares are permitted by right with no local approval.
Are HOA bans on home daycare enforceable?
No. Health and Safety Code 1597.465 voids any deed restriction, covenant, or HOA rule that prohibits family daycare in homes used for that purpose.
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