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.
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.
Contact your local code enforcement office for specific penalty information.
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