Rialto, CA Home Business: Home Daycare (2026)
Key Facts
- Small family daycare
- 8 or fewer children - residential use by right (HSC 1596.78, 1597.45)
- Large family daycare
- 7 to 14 children - residential use by right
- Local fees
- Rialto may not impose a business license, fee, or tax (HSC 1597.45)
- Rialto exemption
- Licensed child care exempt from home occupation permit (RMC 5.68.040(D))
Summary
State law makes small (up to 8 children) and large (7 to 14 children) family daycare homes a residential use by right, and Rialto cannot impose a business license, fee, or tax on them. RMC 5.68.040(D) expressly exempts state-licensed child care from the city's home occupation permit requirement.
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 the purposes of all local ordinances, including, but not limited to, zoning ordinances. ... A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.
Full Breakdown
45 (as amended by SB 234) provides that the use of a home as a small or large family daycare home is a residential use of property and a use by right for purposes of all local ordinances, including zoning, and prohibits any local jurisdiction from imposing a business license, fee, or tax for the privilege of operating one. 78 defines a family daycare home as a facility regularly providing care for 14 or fewer children in the provider's own home for periods of less than 24 hours per day, with small family daycare homes serving eight or fewer children and large family daycare homes serving 7 to 14 children, counts that include resident children under 10.
040(D) states that the home occupation chapter does not apply to any child care institution, day care center, group home, or day care home duly licensed by the appropriate federal, state, or local agency. Providers must still obtain a state child care license from the California Department of Social Services.
Violations & Fines
Operating an unlicensed family daycare violates state licensing law (HSC 1596.70 et seq.), enforced by the California Department of Social Services. The city cannot penalize a duly licensed family daycare home through business license or home occupation requirements.
Frequently Asked Questions
Do I need a Rialto home occupation permit to run a daycare from my house?
How many children can a home daycare in Rialto care for?
Sources & Official References
Other rules in Rialto
California rules heatmap·Compare Rialto to another location·View the California home business overview
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Home Daycare in Nearby Cities
How other cities in San Bernardino County handle home daycare.