Irvine, CA Home Business: Home Daycare (2026)
Key Facts
- Small Daycare (1-8)
- Permitted by right
- Large Daycare (9-14)
- Use permit required
- State License
- CDSS required
- State Law
- HSC §1597.45
- Business License
- Required
Summary
Small family daycare homes serving up to 8 children are permitted by right in all residential zones in Irvine under California HSC Section 1597.45. Large family daycare homes serving 9-14 children require a use permit.
Health and Safety Code - HSC DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.622]
( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) 1597.45.
(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. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter.
(f) For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. (Amended by Stats. 2019, Ch. 244, Sec. 9. (SB 234)
Full Breakdown
California state law (HSC §1597.45) mandates that small family daycare homes (up to 8 children) be treated as residential uses permitted in all zones allowing residences. Irvine cannot prohibit or require a use permit for small family daycares. Large family daycare homes (9-14 children) require a city use permit under the Irvine Zoning Ordinance. All home daycare operations require licensing from the California Department of Social Services Community Care Licensing Division with staff-to-child ratios, safety standards, and background checks. A city business license is also required.
Violations & Fines
Operating an unlicensed daycare violates state law. Operating a large family daycare without a city use permit is a zoning violation subject to code enforcement.
Frequently Asked Questions
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Sources & Official References
Other rules in Irvine
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