California law makes small and large family daycare homes a residential use by right, so Jurupa Valley cannot require a special zoning permit or impose a business license, fee, or tax on them. The City's home occupation code expressly carves out family daycare, allowing the state-permitted assistants in addition to the resident provider.
California Health and Safety Code Section 1597.45(a) provides that the use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for purposes of all local ordinances, including zoning ordinances, and subdivision (b) prohibits a local jurisdiction from imposing a business license, fee, or tax for the privilege of operating a small or large family daycare home. Providers are licensed by the California Department of Social Services rather than the City. Jurupa Valley's home occupation rules reflect this preemption: city staff reports on Section 9.10.630 note that no employees other than the resident are permitted in a home occupation except in family daycare businesses, and the code text allows large family daycare homes up to two assistants and small family daycare homes one assistant in addition to the licensee or provider. The City's pending home occupation ordinance (ZCA 24004) likewise excludes small and large family daycare homes from the definition of home occupations, leaving them regulated by state law.
Because state law preempts local restrictions, the primary compliance obligation is holding a valid family child care home license from the California Department of Social Services. Operating an unlicensed family daycare, or exceeding licensed capacity, is enforced by the state licensing agency rather than through Jurupa Valley's home occupation code.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Jurupa Valley, CA
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