Home Daycare: Hesperia vs Rialto
How do home daycare rules compare between Hesperia, CA and Rialto, CA?
Hesperia and Rialto have similar restriction levels.
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 →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 | Hesperia | Rialto |
|---|---|---|
| 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 | - |
| 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 |
| Licensing agency | - | CDSS Community Care Licensing Division |
| Local preemption | - | HSC §1597.40(b) — local bans / CUPs void |
Highlighted rows indicate differences between cities.
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.
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.
Compare other topics
See how Hesperia and Rialto compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool