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Bakersfield, CA Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Capacity Limits
Small homes 8 kids, large homes 14
Permit Exemption
No CUP required in residential zones
State License
Mandatory before operating
HOA Override
HOAs cannot prohibit licensed daycare
Business Tax
$30-$100 per year

Summary

Bakersfield treats licensed family daycare homes as residential uses under California Health & Safety Code 1597.40, meaning they are allowed in every residential zone without special city approval. Small homes serve up to 8 children and large homes serve up to 14, following state ratios. The city cannot require a conditional use permit, business license tax surcharge, or impose parking or spacing standards beyond what applies to any single-family dwelling. State licensing through Community Care Licensing (CCL) is mandatory, and operators must carry liability insurance and comply with state fire clearance for large homes.

It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. The Legislature declares this policy to be of statewide concern with the purpose of occupying the field... Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home.

Source: CA Health & Safety Code 1597.40View official code

Full Breakdown

40 preempts local regulation of family childcare homes, and Bakersfield Municipal Code zoning provisions recognize state-licensed daycare homes as a residential use by right. A small family daycare home (up to 8 children including the operator's own) is permitted in any zone allowing single-family residences with no city permit required beyond the standard business certificate. Large family daycare homes (9-14 children) are similarly protected under SB 234 (2019), which eliminated the prior ability of cities to require use permits for large homes. Operators must obtain a state license from the California Department of Social Services Community Care Licensing Division, pass a background check, complete 15 hours of health and safety training including pediatric CPR and first aid, and maintain the required child-to-adult ratios (1:4 for infants, 1:6 for toddlers in mixed-age homes).

Fire clearance from the Kern County Fire Department is required for large homes. 40(c), though they may impose reasonable parking and noise standards consistent with residential use. A city business tax certificate is required (around $30-$100 annually based on gross receipts).

Frequently Asked Questions

Can my HOA ban me from running a daycare in Bakersfield?
No. California Health & Safety Code 1597.40 preempts HOA restrictions on licensed family daycare homes. The HOA may enforce general noise and parking rules that apply to all residents, but cannot prohibit the use itself.
Do I need a conditional use permit for a large family daycare?
No. SB 234 (2019) eliminated the ability of California cities to require use permits for large family daycare homes serving 9-14 children. You need only the state license and fire clearance.

Sources & Official References

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