Home Daycare: Burbank vs South Gate
How do home daycare rules compare between Burbank, CA and South Gate, CA?
Burbank and South Gate have similar restriction levels.
Burbank, CA
Los Angeles County
Family child care homes are protected by CA SB 234 (effective 2020). Cities cannot require zoning permits, special spacing, or concentration limits for family daycare. Small family daycare (up to 8 children) and large family daycare (up to 14 children) are permitted in residential zones by right.
View full Burbank rules →South Gate, CA
Los Angeles County
California law treats both small (up to 8 children) and large (up to 14 children) family daycare homes as a residential use 'by right' in any zone permitting single-family or multifamily dwellings (Cal. Health & Safety Code §§1597.40, 1597.45). South Gate may not require a conditional use permit, zoning variance, or business-license-only restriction that prohibits the use. Operators must be licensed by the California Department of Social Services Community Care Licensing Division.
View full South Gate rules →Key Facts Comparison
| Fact | Burbank | South Gate |
|---|---|---|
| State Law | CA SB 234 (2020) | - |
| Small Daycare | Up to 8 children | - |
| Large Daycare | Up to 14 children | - |
| Zoning Permit | Cannot be required by city | - |
| Business License | Cannot be required for daycare | - |
| Small family daycare | - | Up to 8 children — residential use by right (HSC §1597.45) |
| Large family daycare | - | Up to 14 children — residential use by right (HSC §1597.45) |
| State license | - | Required from CDSS Community Care Licensing |
| Local zoning permit | - | Cannot be required — state preempts |
| City business license | - | Required (South Gate Title 5) |
Highlighted rows indicate differences between cities.
Burbank FAQ
How many children can I care for in my home?
Small family daycares in Burbank typically allow 6-8 children with a state license. Larger operations need additional permits.
Do I need a zoning permit for a home daycare?
Small daycares are often allowed by right in residential zones. Larger operations in Burbank may need a conditional use permit.
South Gate FAQ
Does South Gate require a conditional use permit for a family daycare?
No. Cal. HSC §1597.45 makes both small and large family daycare homes a residential use by right. South Gate cannot require a discretionary permit, hearing, or CUP for a state-licensed family daycare.
Do I need a state license?
Yes. The California Department of Social Services Community Care Licensing Division licenses family child care homes. Required regardless of South Gate's zoning treatment.
Can neighbors block my daycare through zoning?
No. State preemption under HSC §§1597.40 and 1597.45 prohibits direct or indirect zoning restrictions on family daycare homes, and a properly licensed operation is a residential use as a matter of state law.
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