Home Daycare: Chino vs San Bernardino
How do home daycare rules compare between Chino, CA and San Bernardino, CA?
Chino and San Bernardino 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 →San Bernardino, CA
San Bernardino County
San Bernardino family child care homes are protected by CA Health and Safety Code 1597.40. Licensed small homes up to 8 children and large homes up to 14 are a residential use by right citywide.
View full San Bernardino rules →Key Facts Comparison
| Fact | Chino | San Bernardino |
|---|---|---|
| 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 | - |
| State Preemption | - | CA H and S Code 1597.40 |
| Small Home Capacity | - | Up to 8 children |
| Large Home Capacity | - | Up to 14 children |
| Licensing Agency | - | CA Community Care Licensing |
| City Contact | - | (909) 384-5122 |
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.
San Bernardino FAQ
Do I need a San Bernardino use permit to run a home daycare?
No. California Health and Safety Code 1597.45 treats licensed family child care as a residential use by right. The city cannot require a conditional use permit. You still need a state license and a fire clearance.
Can my neighbors stop me from opening a family child care?
Neighbors can file complaints about noise or parking, but objections solely about the daycare use are preempted by state law. Keep children under the licensed cap and observe quiet hours to avoid valid nuisance claims.
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