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Fullerton, CA Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Small Daycare
Up to 8 children: permitted in all residential zones
Large Daycare
9-14 children: may require city use permit
State License
Required from CDSS Community Care Licensing
HOA Protection
HOAs cannot prohibit small family daycares
Licensing
CDSS Community Care Licensing (657) 258-4700

Summary

Home daycare operations in Fullerton are regulated primarily by the California Department of Social Services (CDSS) Community Care Licensing Division. Small family daycare homes (up to 8 children) are permitted as a matter of right in all residential zones under California Health and Safety Code Section 1597.45. Large family daycare homes (9-14 children) require a large family daycare permit. Cities may not prohibit small family daycares in residential zones.

(a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.

(b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.

(c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.

(d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.

(e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home.

Source: California Health & Safety Code §1597.45 — Family Daycare HomesView official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

California state law preempts local zoning restrictions on small family daycare homes, establishing them as a permitted residential use statewide. In Fullerton, a small family daycare home, serving up to 8 children including the provider's own children under age 10, operates as a matter of right in any residential zone (R-1, R-2, R-3) with a valid license from the CDSS Community Care Licensing Division. The city may not require a conditional use permit, special use permit, or any additional zoning approval for small family daycare homes.

Licensing requirements include background checks (including LiveScan fingerprinting), CPR and first aid certification, a minimum number of training hours, compliance with adult-to-child ratios, health and safety standards for the home environment, and fire clearance from the local fire authority. Large family daycare homes (9 to 14 children) are also permitted in residential zones but may be subject to a local use permit process. Fullerton may require a minor conditional use permit or administrative review for large family daycares, which typically evaluates traffic, parking, noise, and neighborhood compatibility.

Both small and large family daycare homes must comply with outdoor play space requirements, fencing standards, and fire safety standards. A Fullerton business license is required for all daycare operations. 40, though they may impose reasonable restrictions that do not effectively prohibit the use.

Violations & Fines

Operating a daycare without a CDSS license is a misdemeanor under California Health and Safety Code. Operating a large family daycare without any required city permit is a zoning violation subject to administrative citations starting at $100. CDSS conducts announced and unannounced inspections and may issue deficiency notices, impose conditions, or revoke licenses for health and safety violations. Complaints are investigated by the regional Community Care Licensing office.

Frequently Asked Questions

Can I run a daycare from my home in Fullerton?
Yes. Small family daycare homes (up to 8 children) are permitted as a matter of right in all residential zones under California law. You need a license from the CDSS Community Care Licensing Division and a Fullerton business license. No city zoning permit is required for small family daycares.
Can my HOA prevent me from running a home daycare?
No. California law prohibits HOAs from banning small family daycare homes. HOAs may impose reasonable rules (such as requiring notification) but may not effectively prevent the use.
What's the difference between small and large family daycare?
Small family daycare homes serve up to 8 children and are permitted by right in residential zones. Large family daycare homes serve 9-14 children and may require a conditional use permit or administrative review from the city to evaluate neighborhood compatibility.

Sources & Official References

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