Stockton, CA Home Business: Home Daycare (2026)

California Health and Safety Code §1597.40 declares that family daycare homes operate 'in normal residential surroundings' and provides that the use of a residence as a family daycare home shall be considered a residential use of property and a permitted use in residential zones; local governments are barred from prohibiting or restricting family daycare homes through zoning, occupancy permits, or special use permits. HSC §1597.44 allows a small family daycare home to care for up to 8 children without an additional adult attendant under specified conditions, while large family daycare homes (up to 14 children) require an additional attendant. Operators must be licensed by the California Department of Social Services, Community Care Licensing Division, not by the City of Stockton. Building and fire code standards still apply (Title 24 California Building Standards Code, California Fire Code), as do smoke and carbon-monoxide alarm requirements. A Stockton Business License under SMC Title 5 is required because licensed family daycare is a business activity, but the city cannot require a conditional use permit, neighborhood notification, or zoning clearance beyond what HSC §1597.40 permits.