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.
California Health and Safety Code sections 1597.40 through 1597.622 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.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Moreno Valley code enforcement directly for current fines, enforcement procedures, and hearing options.
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