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Moreno Valley, CA Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Child Capacity
Small home daycare: up to 8 children
Child Capacity
Large home daycare: up to 14 children with assistant
Permit
State license from CDSS required
Requirement
Cities cannot impose CUP or extra fees
Permit
HOAs cannot ban licensed family daycare

Summary

Home-based child daycare is protected in Moreno Valley under the California Child Day Care Facilities Act. Cities cannot treat small (up to 8) or large (up to 14) family childcare homes as commercial uses. State licensing is required through the Department of Social Services, and fire and zoning compliance is mandatory.

(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.

Source: CA Health and Safety Code 1597.40View official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

622 establish strong state preemption protecting family childcare homes. Small family daycare homes (up to 8 children) and large family daycare homes (up to 14 children with an assistant) must be treated as residential uses in residential zones. Moreno Valley cannot require a conditional use permit, business license fee beyond standard residential rates, or parking requirements beyond single-family home standards. Operators must be licensed by the California Department of Social Services (CDSS) Community Care Licensing Division, which conducts home visits, fingerprint-based background checks on all adults in the household, TB clearances, and ongoing inspections.

A large family daycare home requires compliance with specific fire safety standards including smoke alarms, fire extinguishers, posted evacuation plans, and two means of egress. Swimming pools must have approved barriers. Moreno Valley issues a business license at residential rates and requires no separate zoning approval. HOAs cannot prohibit licensed family daycare under California law. Commercial-scale daycare centers (15+ children, not within a residence) require separate CUPs, building code compliance for child care occupancy (E occupancy), and are not permitted in standard residential zones.

Frequently Asked Questions

Does my HOA have to allow my home daycare?
Yes. California Health and Safety Code preempts HOA rules banning licensed family childcare homes. The license from CDSS is protective.
How do I get licensed?
Apply with the California Department of Social Services Community Care Licensing. Complete orientation, background checks, CPR and first aid training.
Do I need a Moreno Valley business license?
Yes, but only at standard residential rates. The city cannot impose daycare-specific licensing beyond what state law authorizes.

Sources & Official References

Other rules in Moreno Valley

All Moreno Valley rules

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