California Health & Safety Code §1597.30 et seq. (the California Child Day Care Facilities Act) deems Small Family Day Care Homes (up to 8 children) and Large Family Day Care Homes (up to 14 children) a residential use. Hesperia cannot require a Conditional Use Permit and cannot impose stricter standards than state law for licensed family child care homes.
Under California H&S Code §1597.45 (Small FCCH, 6–8 children) and §1597.46 (Large FCCH, 7–14 children), family child care homes are deemed a residential use of property. Cal. H&S Code §1597.45(a) bars cities from requiring a CUP, zoning clearance, or business license for Small FCCHs beyond what is required of single-family residences. Large FCCHs must be allowed by-right or with at most a non-discretionary permit process under H&S Code §1597.46. Licensing is by the California Department of Social Services, Community Care Licensing Division (CCLD). Requirements include: (1) CDSS license (Form LIC 279); (2) TrustLine clearance and fingerprinting for all adult household members; (3) CPR/first-aid certification; (4) home safety inspection (pool fencing per SB 442, smoke/CO detectors, fire extinguisher, two exits); (5) operator-to-child ratios per §1597.44; (6) vehicle insurance if transporting children. Hesperia's Home Occupation Permit standards may not be applied to deny or restrict a state-licensed FCCH.
Operating a daycare for compensation without a CDSS license is a misdemeanor under H&S §1596.890, with penalties up to $200/day per child and possible jail. CCLD enforces licensing standards through inspections, corrective action plans, citations, and license revocation. Hesperia code enforcement may address non-daycare standards (noise, parking) but cannot bar a licensed FCCH from operating.
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