Home Daycare: Hesperia vs San Bernardino
How do home daycare rules compare between Hesperia, CA and San Bernardino, CA?
Hesperia and San Bernardino 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 →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 | Hesperia | San Bernardino |
|---|---|---|
| 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 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.
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.
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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