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.
Small family daycare homes caring for up to 8 children are considered a residential use under California Health and Safety Code Section 1597.44 and cannot be prohibited by local zoning. Large family daycare homes caring for 9-14 children may require a conditional use permit from the Anaheim Planning Commission depending on the zoning district. All family daycare providers must be licensed by the California Department of Social Services Community Care Licensing Division. State law preempts local restrictions on small family daycare. Anaheim has removed distance requirements between large family daycares and other adult care facilities, maintaining distance requirements only between large family daycares. Home daycare operators must also obtain a city business license. Outdoor play areas must be fenced and supervised.
Operating without state license: CDSS enforcement. Large daycare without CUP: code enforcement. Exceeding capacity: license suspension and citation.
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