Fillmore, CA Home Business: Home Daycare (2026)
Key Facts
- Small (≤8 children)
- Permitted in all residential zones
- Large (9-14 children)
- May need conditional use permit
- Licensing
- CA Dept of Social Services
- State Law
- HSC §1597.40-1597.46
- CUP Required
- No for small family daycare
Summary
California state law requires cities to allow small family daycare homes (up to 8 children) in residential zones without a conditional use permit. Large family daycare homes (up to 14 children) may need a permit. Licensing is through the California Department of Social Services.
(a) 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.
(b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.
Full Breakdown
Under California Health & Safety Code §1597.40-1597.46, small family daycare homes serving up to 8 children (including the provider's own children under 10) are a permitted use in all residential zones in Fillmore without requiring a conditional use permit or additional city approval. Large family daycare homes serving 9-14 children may require a conditional use permit. All daycare homes must be licensed by the California Department of Social Services, Community Care Licensing Division. Providers must pass background checks, complete health and safety training, and meet facility standards for indoor/outdoor space. Fillmore cannot impose additional restrictions on small family daycare homes beyond what state law requires.
Violations & Fines
Operating an unlicensed daycare is a state law violation enforced by Community Care Licensing. Violations of licensing standards can result in citation, probation, or license revocation. Operating a large daycare without a CUP is a local zoning violation.
Frequently Asked Questions
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Sources & Official References
Other rules in Fillmore
California rules heatmap·Compare Fillmore to another location·View the California home business overview
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Home Daycare in Nearby Cities
How other cities in Ventura County handle home daycare.