Home Daycare: Chino vs Rialto
How do home daycare rules compare between Chino, CA and Rialto, CA?
Chino and Rialto 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 →Rialto, CA
San Bernardino County
California Health & Safety Code §§1597.30–1597.621 (California Child Day Care Facilities Act) classifies family day care homes (small: up to 8 children; large: up to 14 children) as residential uses by right. HSC §1597.40 prohibits any city or county from treating a family day care home differently than a single-family residence — no conditional use permit, business license tax targeted at daycare, or zoning ban is allowed. Rialto must permit family day care homes in all residential zones; licensing is by the California Department of Social Services Community Care Licensing Division.
View full Rialto rules →Key Facts Comparison
| Fact | Chino | Rialto |
|---|---|---|
| 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 | CDSS Community Care Licensing Division |
| State statute | - | Cal. HSC §§1597.30–1597.621 |
| Small family day care | - | Up to 8 children — residential use by right |
| Large family day care | - | 9–14 children — residential use by right |
| Local preemption | - | HSC §1597.40(b) — local bans / CUPs void |
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.
Rialto FAQ
Can Rialto require a conditional use permit for a family day care home?
No. Under Cal. HSC §1597.45 (small) and §1597.46 (large), family day care homes are permitted by right in all residential zones. A conditional-use permit cannot be required.
Does the state daycare license replace my Rialto business license?
No. The CDSS Community Care Licensing license covers child-care operations under Title 22 CCR. A Rialto business license under RMC Ch. 5.04 is still required as a general business-tax measure.
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