Home Daycare: Rialto vs San Bernardino
How do home daycare rules compare between Rialto, CA and San Bernardino, CA?
Rialto and San Bernardino have similar restriction levels.
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 →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 | Rialto | San Bernardino |
|---|---|---|
| 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 | - |
| 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.
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.
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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