Fullerton vs Mission Viejo
How do home daycare rules compare between Fullerton, CA and Mission Viejo, CA?
Fullerton and Mission Viejo 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 →Mission Viejo, CA
Orange County
California law preempts local zoning to allow small family daycare homes (up to 8 children) as a matter of right in all residential zones, including Mission Viejo. Large family daycare homes (9-14 children) require a use permit from the city. Both types require a license from the California Department of Social Services Community Care Licensing Division. HOAs may not prohibit small family daycare homes.
View full Mission Viejo rules →Key Facts Comparison
| Fact | Fullerton | Mission Viejo |
|---|---|---|
| Small Daycare | Up to 8 children — permitted in all residential zones | Up to 8 children, no city permit needed |
| Large Daycare | 9-14 children — may require city use permit | 9–14 children, city use permit required |
| State License | Required from CDSS Community Care Licensing | Required from CCL for both types |
| HOA Protection | HOAs cannot prohibit small family daycares | - |
| Licensing | CDSS Community Care Licensing (657) 258-4700 | - |
| HOA Restriction | - | Cannot ban small family daycare homes |
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.
Mission Viejo FAQ
Can I run a daycare from my home in Mission Viejo?
Yes. Small family daycare homes serving up to 8 children are allowed by right in all residential zones under California law. You need a license from Community Care Licensing Division and a city business license. Large daycare (9-14 children) also requires a city use permit.
Can my HOA stop me from running a home daycare?
No, for small family daycare homes (up to 8 children). California Civil Code Section 4515 prohibits HOAs from banning small family daycare. Your HOA may enforce reasonable rules about parking and noise but cannot effectively prohibit the use.
What do I need to get licensed for a home daycare in Mission Viejo?
Contact the Community Care Licensing Division at (714) 703-2800. You need criminal background checks, health screenings, CPR certification, OCFA fire clearance, and must meet indoor and outdoor space requirements. The licensing process typically takes 60 to 90 days.
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