Whittier, CA Home Business: Home Daycare (2026)

Family daycare in a home is controlled primarily by California state law, which preempts most local zoning. Under Health & Safety Code 1597.45 - amended by SB 234 (2019) - the use of a home as a small or large family daycare home is a residential use of property and a use by right for purposes of all local ordinances, including zoning ordinances. A small family daycare home cares for up to 8 children and a large family daycare home for up to 14 children under the state limits. Local jurisdictions may not require a conditional use permit, zoning clearance, or variance that they would not require of other residential dwellings, and HSC 1597.45 prohibits a city from imposing a business license, fee, or tax for the privilege of operating a small or large family daycare home. Operators are licensed by the California Department of Social Services, Community Care Licensing, not by the City. Whittier Municipal Code Section 18.10.020 still contains older conditions for large family day care homes - for example, a fenced play area, a 300-linear-foot separation from another large family daycare home (with a discretionary exception by the director of community development), and a building-division inspection to confirm there is no unpermitted construction before operation. Because SB 234 reclassified large family daycare homes as a by-right residential use, the more restrictive of these local conditions (such as the separation requirement and any discretionary review) are limited or preempted by current state law; the City may still enforce generally applicable building, fire, and safety standards. Operators should rely on the state license and confirm any remaining local steps with the Planning Division at (562) 567-9320.