Home Daycare: Chino vs Fontana
How do home daycare rules compare between Chino, CA and Fontana, CA?
Chino and Fontana have similar restriction levels.
Chino, CA
San Bernardino County
Under California Health & Safety Code sections 1597.30 - 1597.622 (Family Day Care Home Act / California Child Day Care Facilities Act), Small Family Child Care Homes (up to 8 children) and Large Family Child Care Homes (up to 14 children) are a residential use by right in any zone permitting single-family dwellings. Chino cannot require a use permit, conditional use permit, variance, or special zoning approval and cannot impose business-license fees beyond those charged to other residences. The state Department of Social Services Community Care Licensing Division licenses providers.
View full Chino rules →Fontana, CA
San Bernardino County
Fontana follows California law treating small and large family daycare homes as residential uses. State statutes preempt most local restrictions, but fire clearance and home occupation filings still apply.
View full Fontana rules →Key Facts Comparison
| Fact | Chino | Fontana |
|---|---|---|
| State authority | HSC sections 1597.30 - 1597.622; SB 234 (2019) | - |
| Small Family Day Care | Up to 8 children; residential use by right | - |
| Large Family Day Care | 9-14 children; residential use by right (SB 234) | - |
| Local permit | Conditional use permit prohibited; business license = same as residence | - |
| Licensing agency | CDSS Community Care Licensing Division | - |
| Small home capacity | - | Up to 8 children |
| Large home capacity | - | Up to 14 children |
| State license | - | Required from DSS |
| Local zoning | - | Residential use by right |
| Fire clearance | - | Required for large homes |
Highlighted rows indicate differences between cities.
Chino FAQ
Do I need a Chino zoning approval to run a daycare for 6 kids in my home?
No. A Small Family Day Care Home (up to 8 children) is a residential use by right under Cal. HSC section 1597.45 and SB 234. You need a Family Child Care Home license from the CDSS Community Care Licensing Division, but no City conditional use permit or special zoning approval.
Can Chino require me to get a Conditional Use Permit for a 12-child daycare?
No. SB 234 (Cal. HSC section 1597.46) makes Large Family Day Care Homes (9 - 14 children) a residential use by right. The city can apply only specific objective standards (e.g., one additional off-street parking space, fire clearance from the Chino Valley Fire District) but cannot require a CUP or hold a discretionary hearing.
Can my HOA prohibit me from operating a family day care home?
No. Cal. HSC section 1597.40 (and SB 234) preempts CC&Rs and HOA rules that prohibit family day care homes in residences. HOA restrictions in conflict with this statute are void.
Fontana FAQ
Can Fontana ban family daycare in my neighborhood?
No. State law preempts local bans and treats family daycare homes as residential uses in all residential zones.
Do I need a Fontana business license?
A home occupation permit and basic business registration may apply, but cannot impose daycare-specific restrictions beyond state law.
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