Home Daycare: Fullerton vs Midway City
How do home daycare rules compare between Fullerton, CA and Midway City, CA?
Fullerton and Midway City have similar restriction levels.
Fullerton, CA
Orange County
Home daycare operations in Fullerton are regulated primarily by the California Department of Social Services (CDSS) Community Care Licensing Division. Small family daycare homes (up to 8 children) are permitted as a matter of right in all residential zones under California Health and Safety Code Section 1597.45. Large family daycare homes (9-14 children) require a large family daycare permit. Cities may not prohibit small family daycares in residential zones.
View full Fullerton 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 | Fullerton | Midway City |
|---|---|---|
| Small Daycare | Up to 8 children — permitted in all residential zones | - |
| Large Daycare | 9-14 children — may require city use permit | - |
| State License | Required from CDSS Community Care Licensing | - |
| HOA Protection | HOAs cannot prohibit small family daycares | - |
| Licensing | CDSS Community Care Licensing (657) 258-4700 | - |
| 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.
Fullerton FAQ
Can I run a daycare from my home in Fullerton?
Yes. Small family daycare homes (up to 8 children) are permitted as a matter of right in all residential zones under California law. You need a license from the CDSS Community Care Licensing Division and a Fullerton business license. No city zoning permit is required for small family daycares.
Can my HOA prevent me from running a home daycare?
No. California law prohibits HOAs from banning small family daycare homes. HOAs may impose reasonable rules (such as requiring notification) but may not effectively prevent the use.
What's the difference between small and large family daycare?
Small family daycare homes serve up to 8 children and are permitted by right in residential zones. Large family daycare homes serve 9-14 children and may require a conditional use permit or administrative review from the city to evaluate neighborhood compatibility.
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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