Tustin, CA Home Business: Home Daycare (2026)

Family daycare homes in California are governed by the Child Day Care Facilities Act (Health & Safety Code Section 1597.30 et seq.). The Legislature declared this a matter of statewide concern and occupied the field to the exclusion of municipal zoning, building, and fire codes governing the use or occupancy of family daycare homes, except as specifically provided. A small family daycare home cares for up to eight children and a large family daycare home cares for up to 14 children. Following Senate Bill 234 (the Keeping Kids Close to Home Act, effective January 1, 2020), both small and large family daycare homes must be treated as a residential use of property for purposes of all local ordinances and may not be required to obtain a conditional use permit, zoning clearance, or other zoning permit beyond what is required of other dwellings in the same zone. This state preemption supersedes any earlier Tustin requirement that conditioned a large family daycare home on a discretionary permit. Providers must hold a license from the California Department of Social Services, Community Care Licensing Division, and meet that agency's health and safety requirements. Note Tustin's swimming-pool angle: state social-services-licensed facilities are exempt from the Swimming Pool Safety Act under HSC 115926, and pool safety in those facilities is regulated by Social Services. A family daycare provider should still confirm fire-clearance and any business-tax requirements with the city.