Fullerton, CA Home Business: Home Daycare (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.
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?
Can my HOA prevent me from running a home daycare?
What's the difference between small and large family daycare?
Sources & Official References
Other rules in Fullerton
California rules heatmap·Compare Fullerton to another location·View the California home business overview
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