Anaheim, CA Home Business: Home Daycare (2026)
Key Facts
- Small (≤8)
- Permitted by right
- Large (9-14)
- May need CUP
- License
- State CDSS required
- State Law
- H&S Code 1597.44
Summary
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.
1597.44. A small family day care home may provide care for more than six and up to eight children, without an additional adult attendant, if all of the following conditions are met: (a) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age. (b) No more than two infants are cared for during any time when more than six children are cared for. (c) The licensee notifies each parent that the facility is caring for two additional schoolage children and that there may be up to seven or eight children in the home at one time. (d) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
Full Breakdown
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.
Violations & Fines
Operating without state license: CDSS enforcement. Large daycare without CUP: code enforcement. Exceeding capacity: license suspension and citation.
Frequently Asked Questions
Can I run a daycare from my home in Anaheim?
What licensing do I need?
Sources & Official References
Other rules in Anaheim
California rules heatmap·Compare Anaheim to another location·View the California home business overview
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