Hesperia, CA Home Business: Home Daycare (2026)
Key Facts
- Small day care (≤12 kids)
- Accessory use, by right
- Large day care (13+ kids)
- Site Plan Review required
- Zones covered
- R1, R3, RR, A1, A2
- State law backstop
- Health & Safety Code § 1597.40 et seq.
Summary
Hesperia treats small family day care homes (12 or fewer children) as a by-right accessory use, while large family day care homes need only a Site Plan Review, not a conditional use permit.
"Family day care home" means a day care facility located in a residence which regularly provides care, protection and supervision of twelve (12) or fewer children from more than one other family, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away ... Q. Small family day care to 12 or fewer children: A A A A A. R. Large family day care to 13 or more children: S S S S S.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 24 Update 2).
Full Breakdown
Hesperia's residential land use table (HMC § 16.16.085) lists a "small family day care", 12 or fewer children, defined at § 16.08.170 as a day care located in a residence caring for children from more than one family, as an Accessory Use allowed by right in every residential land use designation: R1, R3, RR, A1, and A2. A "large family day care" serving 13 or more children needs only a Site Plan Review in those same zones, not a discretionary Conditional Use Permit. That approach lines up with California's Family Day Care Home Act (Health & Safety Code § 1597.40 et seq.), which bars cities from subjecting these homes to zoning treatment stricter than other single-family residences.
Violations & Fines
Operating a large family day care without the required Site Plan Review, or exceeding a category's child-count threshold without reclassifying, is a zoning violation subject to code enforcement action.
Frequently Asked Questions
Can I run a large family day care home in a Hesperia R1 zone?
How many children can a small family day care serve without extra review?
Sources & Official References
Other rules in Hesperia
California rules heatmap·Compare Hesperia to another location·View the California home business overview
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How other cities in San Bernardino County handle home daycare.