Buena Park, CA Home Business: Home Daycare (2026)

Family daycare homes in Buena Park are controlled by California state law, which broadly preempts local regulation. Under the Child Day Care Act (Health & Safety Code Chapter 3.6, including Sections 1597.40 and 1597.45, as amended by SB 234), the use of a home as a small or large family daycare home is a residential use of property and a use by right for all local ordinances, including zoning. The Legislature declared this a matter of statewide concern with intent to occupy the field, so the Act, the state building code, and the fire code preempt conflicting local rules. A local jurisdiction cannot impose a business license, fee, or tax for the privilege of operating a small or large family daycare home, and the use does not constitute a change of occupancy under the State Housing Law or local building codes. Buena Park's remaining authority is narrow: it may place restrictions on building height, setbacks, and lot dimensions only if those are identical to restrictions applied to other single-family residences in the same zone. State licensing (capacity up to 14 children for a large family daycare home) is handled by the California Department of Social Services Community Care Licensing Division, not the City. Because of this preemption, Buena Park does not require its own daycare-home zoning permit - this is an honest deferral to California state law. The City's standard home occupation conditions (which bar non-resident employees and traffic) do not override the daycare preemption.