Fullerton, CA Home Business: Home Daycare (2026)

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. Homeowners' associations may not prohibit small family daycare homes under California Civil Code Section 1597.40, though they may impose reasonable restrictions that do not effectively prohibit the use.