Huntington Beach, CA Home Business: Home Daycare (2026)
Key Facts
- Small (1-8)
- Permitted by right
- Large (9-14)
- Use permit required
- State License
- CDSS required
- State Law
- HSC §1597.45
- Business License
- Required
Summary
Small family daycare homes (up to 8 children) are permitted by right in all residential zones under California HSC Section 1597.45. Large family daycares (9-14 children) require a city use permit. State licensing from CDSS is required.
(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.
Full Breakdown
California state law mandates that small family daycare homes be treated as residential uses in all zones allowing residences. Huntington Beach cannot prohibit or require a use permit for small daycares up to 8 children. Large family daycare homes (9-14 children) require a use permit. All operations require CDSS Community Care Licensing. A city business license is also required. Providers must meet state standards for ratios, safety, background checks, and facility standards.
Violations & Fines
Unlicensed daycare violates state law. Operating a large daycare without a city permit is a zoning violation.
Frequently Asked Questions
Can I run a home daycare in Huntington Beach?
What licenses do I need?
Sources & Official References
Other rules in Huntington Beach
California rules heatmap·Compare Huntington Beach to another location·View the California home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Home Daycare in Nearby Cities
How other cities in Orange County handle home daycare.