Home Daycare: Chino vs Hesperia
How do home daycare rules compare between Chino, CA and Hesperia, CA?
Chino and Hesperia 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 →Hesperia, CA
San Bernardino County
California Health & Safety Code §1597.30 et seq. (the California Child Day Care Facilities Act) deems Small Family Day Care Homes (up to 8 children) and Large Family Day Care Homes (up to 14 children) a residential use. Hesperia cannot require a Conditional Use Permit and cannot impose stricter standards than state law for licensed family child care homes.
View full Hesperia rules →Key Facts Comparison
| Fact | Chino | Hesperia |
|---|---|---|
| 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 FCCH | - | Up to 8 children — residential use by state law |
| Large FCCH | - | Up to 14 children — by-right under H&S §1597.46 |
| License | - | CDSS Community Care Licensing Division |
| Local CUP | - | Prohibited by Cal. H&S §1597.45/46 |
| Pool Safety | - | SB 442 compliance required if pool on premises |
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.
Hesperia FAQ
Can Hesperia ban a home daycare?
No. California Health & Safety Code §1597.45 and §1597.46 deem family child care homes a residential use and prohibit cities from requiring a Conditional Use Permit or imposing stricter standards than for any single-family residence.
How many kids can a Hesperia in-home daycare have?
A Small Family Child Care Home licensed by CDSS can serve up to 8 children; a Large FCCH can serve up to 14, including a qualified assistant. Ratios and ages per Cal. H&S §1597.44 apply.
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