Apple Valley, CA Home Business: Home Daycare (2026)
Key Facts
- Small day care
- 8 or fewer children, residential use by right
- Large day care
- 9 to 14 children, permitted, P, in every district
- Governing section
- Development Code § 9.29.110(B)-(C)
- No extra permit
- State license is the only requirement
- 15+ children
- Becomes a day care center, needs Special Use Permit
Summary
Apple Valley treats a licensed small family day care home, eight or fewer children, as an outright residential use under Development Code § 9.29.110, needing no separate zoning permit. Table 9.28.030-A also lists large family day care homes, nine to fourteen children, as a permitted, P, use in every residential zoning district in town, including R-VLD, R-A, R-LD, R-E, R-SF and R-M.
1.Family Day Care Home. A home which provides family day care to children for periods of less than twenty-four (24) hours per day while the parents or guardians are away. Family Day Care Homes are divided into two categories.a.Small family day care homes. Serves eight (8) or fewer children, excluding those children over the age of ten (10) who reside at the home.b.Large family day care homes. Serves nine to fourteen (9-14) children, excluding those children over the age of ten (10) who reside at the home. ... C.Permitted Uses 1.Small Family Day Care Homes. The use of any home licensed for such use by the State of California as a small family day care home shall be considered a residential use of property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 19 Update 1).
Full Breakdown
Section 9.29.110 implements state day care and residential-care law and defines a Family Day Care Home as a home providing care to children for less than twenty-four hours a day while parents or guardians are away, split into a small category, eight or fewer children, and a large category, nine to fourteen children, each excluding children over ten who live at the home. Subsection C.1 states that the use of any home licensed for such use by the State of California as a small family day care home shall be considered a residential use of property, meaning it needs no Conditional Use Permit, Special Use Permit or Development Permit beyond the State license itself.
Table 9.28.030-A in the Residential Districts chapter separately lists large family day care homes, nine to fourteen children, as a permitted, P, use in the R-VLD, R-A, R-LD, R-E, R-E¾, R-EQ, R-SF, R-M and PRD districts, the same by-right treatment given to small homes. Only child day care centers serving fifteen or more children require extra review: Section 9.36.130 routes those larger, non-residential-scale operations through a Special Use Permit process in Commercial and Office districts, with a 75-square-foot-per-child outdoor play area and an 8 a.m. to 8 p.m. limit on outdoor activity, standards that do not apply to a small or large home-based day care.
Violations & Fines
Because state-licensed small and large family day care homes are treated as an outright residential use under Section 9.29.110(C), the Town cannot require a Home Occupation Permit, Conditional Use Permit or Special Use Permit for one; the operator's obligation is to keep the State day care license current. Running an unlicensed day care, or a facility serving fifteen or more children, as a residential home occupation is what triggers enforcement, since Table 9.28.030-A's permitted-use status only covers the licensed small and large categories.
Frequently Asked Questions
Do I need a zoning permit to run a home day care in Apple Valley?
How many children can a licensed home day care serve in Apple Valley?
What if my day care serves more than fourteen children?
Sources & Official References
Other rules in Apple Valley
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