Home Daycare: El Monte vs Los Angeles
How do home daycare rules compare between El Monte, CA and Los Angeles, CA?
El Monte has fewer restrictions than Los Angeles.
El Monte, CA
Los Angeles County
California Health & Safety Code §1597.40 preempts El Monte from prohibiting or restricting small (up to 8 kids) or large (up to 14 kids) family daycare homes. They are treated as a residential use and do not need a special use permit.
View full El Monte rules →Los Angeles, CA
Los Angeles County
Small family day care homes (up to 8 children) and large family day care homes (up to 14 children) are permitted in any dwelling unit without a zoning change per LAMC 12.22 A.3. State licensing through CA Community Care Licensing is required. Day care centers (15+ children) require a change of use permit from LADBS. Large family homes must have two exits and three detached sides.
View full Los Angeles rules →Key Facts Comparison
| Fact | El Monte | Los Angeles |
|---|---|---|
| State preemption | Cal. HSC §1597.40 - cities cannot restrict | - |
| Small family daycare | Up to 8 children | - |
| Large family daycare | Up to 14 children | - |
| Licensed by | CDSS Community Care Licensing | - |
| Local CUP required | No (banned by HSC §1597.45) | - |
| Small Home | - | Up to 8 children, no zoning change |
| Large Home | - | Up to 14 children, state license |
| Day Care Center | - | 15+ requires change of use permit |
| Code Section | - | LAMC 12.22 A.3 |
| Licensing | - | CA Community Care Licensing Dept |
Highlighted rows indicate differences between cities.
El Monte FAQ
Does El Monte require a special permit to run a family daycare at home?
No. Under HSC §§1597.40 and 1597.45, the city must treat small and large family daycare homes the same as any single-family residence. No conditional use permit, public hearing, or special zoning approval may be required.
How many children can I care for?
Up to 8 in a small family daycare home, or up to 14 in a large family daycare home, per CDSS license. State license is mandatory; apply through CCLD.
Can my neighbors complain to the city to shut me down?
Complaints about licensing/safety go to CDSS Community Care Licensing (1-844-538-8766). El Monte can only enforce generally applicable building, fire, and nuisance codes - it cannot ban or 'restrict' a licensed family daycare home.
Los Angeles FAQ
How many children can I care for in my home?
Small family daycares in Los Angeles 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 Los Angeles may need a conditional use permit.
Compare other topics
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