Indio, CA Home Business: Home Daycare (2026)

Family daycare homes operating in Indio are governed primarily by California state law rather than city zoning. Health and Safety Code section 1597.40 declares the regulation of family daycare homes a matter of statewide concern and provides that the state act, building code, and fire code preempt local laws governing the use and occupancy of family daycare homes; local rules may not directly or indirectly prohibit or restrict their use. Since SB 234 (the Keeping Kids Close to Home Act, effective January 1, 2020), a large family daycare home serving up to 14 children must be treated the same as a small family daycare home (up to 8 children): both are a residential use of property and a use by right for purposes of all local ordinances, including zoning. That means Indio cannot require a conditional use permit, special zoning permit, or business license as a precondition for operating a licensed family daycare home, and restrictions in the underlying residential zoning that would bar the use are void. The provider must still hold the appropriate license from the California Department of Social Services, Community Care Licensing Division, and must meet state building and fire code requirements (such as smoke alarms and exits). Indio's role is effectively limited to applying generally applicable health, safety, and building standards in a non-discriminatory way; it cannot single out daycare homes for stricter treatment than other residences.