Home Daycare: Menifee vs Riverside

Does Menifee require a special permit to run a family daycare from my home?

No. Cal. Health & Safety Code §1597.45 and §1597.46 make small (up to 8 kids) and large (up to 14 kids) family daycare homes a residential use by right. Menifee cannot require a conditional use permit. You DO need a state license from the California Department of Social Services.

Can Menifee ban a daycare in my single-family neighborhood?

No — state law preempts that. SB 234 (codified in HSC §1597.45-1597.46) classifies family daycare homes as a residential use, and local ordinances cannot prohibit or restrict them as long as the home meets state licensing standards.

Do I need a permit from the City of Riverside to run a daycare from my home?

No. Cal. Health & Safety Code §1597.45 makes a small (up to 8 children) or large (up to 14 children) family daycare home a residential use by right in any residential zone. The City of Riverside cannot require a Home Occupation Permit, conditional use permit, or zoning clearance — and cannot charge a business license or fee. You DO need a state license from the Community Care Licensing Division.

Can my Riverside HOA stop me from operating a home daycare?

No. SB 234 (2020) amended state housing law to prohibit HOAs, CC&Rs, and landlords from restricting the use of a residence as a small or large family daycare home. Any HOA rule, lease provision, or deed restriction to the contrary is void and unenforceable under Cal. Civil Code §1597.40.

What is the difference between a small and large family daycare home in California?

Per §1596.78, a small family daycare home provides care for up to 8 children (including 2 children under age 2); a large family daycare home provides care for up to 14 children, but at least 2 of them must be school-age (kindergarten or older) and a qualifying assistant provider is required. Both are licensed by the Community Care Licensing Division and both are protected from local zoning regulation by §1597.45.