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Victorville, CA Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Small home capacity
Up to 8 children
Large home capacity
Up to 14 children
State license
Required from CDSS
Local zoning
Residential use by right
Fire clearance
Required for large homes

Summary

Victorville follows California state law treating family daycare homes as residential uses. State statutes preempt most local zoning, but fire clearance and home occupation registration still apply.

(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting.

(b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.

Source: California Health and Safety Code 1597.40View official code

Full Breakdown

California Health and Safety Code sections 1597.40 through 1597.465 classify small family daycare homes (up to 8 children) and large family daycare homes (up to 14 children) as residential uses of property. The City of Victorville cannot require a conditional use permit, zoning variance, or discriminatory business license for these homes that treats them differently from any other single-family residence. Large family daycare homes are subject to a non-discretionary ministerial permit focused on fire and life safety plus basic zoning compliance. Operators must first obtain a Community Care Licensing Division license from the California Department of Social Services before opening. San Bernardino County Fire handles fire clearance inspections for large homes in Victorville, verifying smoke alarms, carbon monoxide detectors, two means of egress from rooms used for napping, and current fire extinguishers. A city business license and basic home occupation registration with Victorville Planning still apply. Call Victorville City Hall at (760) 955-5000 before opening.

Frequently Asked Questions

Can Victorville ban family daycare in my neighborhood?
No. California state law preempts local bans and treats family daycare homes as residential uses by right in all residential zones.
Do I still need a Victorville business license?
A basic home occupation registration and city business license apply, but the city cannot impose daycare-specific restrictions beyond what state law allows.

Sources & Official References

Other rules in Victorville

All Victorville rules

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