Family day care homes are protected by California state preemption and need no County zoning permit in unincorporated Riverside County. Under Ordinance 348, Section 18.29a, small (up to 7-8 children) and large (8-14 children) family day care homes are a permitted use by right in all zones allowing the dwelling type. A state license is required.
Section 18.29a of Ordinance 348 expressly recognizes California's preemption of local control over family day care homes. Citing the California Child Day Care Facilities Act (HSC 1597.30-1597.622), HSC 1597.40(b) (statewide concern preempting local use/occupancy laws), and HSC 1597.45(a) (use as a small or large family day care home is a residential use by right), the County provides that both small and large family day care homes are permitted uses requiring no County permit. Specifically, a small family day care home for up to seven children (including resident children under ten) is a permitted use in all zones where the dwelling type is permitted and requires no permit; a large family day care home for eight to fourteen children (including resident children under ten) is likewise a permitted use in those zones and requires no permit. Operational standards in Section 18.29a(E) defer largely to state law: the operator must obtain a valid state license under HSC 1597.54 and provide a certified copy to the Planning Director; provide off-street parking per Section 18.12; manage loading/unloading without impeding traffic; comply with applicable Fire and Building Code regulations under HSC 1597.46; meet the development standards of the underlying zone; comply with State Fire Marshal regulations; and an on-site identification sign may be installed. No second unit or guest quarter may be used as a family day care home.
Operating a family day care home without the required state license (HSC 1597.54), or failing the operational standards in Section 18.29a, can require suspension of operations until corrective action is taken under HSC 1597.58. Because the use is preempted and by-right, the County cannot impose a zoning permit, but Building/Fire Code and parking standards still apply and are enforceable.
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