California Health & Safety Code §§1597.30–1597.621 (California Child Day Care Facilities Act) classifies family day care homes (small: up to 8 children; large: up to 14 children) as residential uses by right. HSC §1597.40 prohibits any city or county from treating a family day care home differently than a single-family residence — no conditional use permit, business license tax targeted at daycare, or zoning ban is allowed. Rialto must permit family day care homes in all residential zones; licensing is by the California Department of Social Services Community Care Licensing Division.
Cal. Health & Safety Code §1597.40(a) states: 'It is the intent of the Legislature that family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development.' Subsection (b) provides: 'Every restriction or prohibition entered into… which directly or indirectly limits the acquisition, use, or occupancy of a family day care home for children is void.' HSC §1597.45 requires small family day care (≤8 children) to be treated as a residential use by right. HSC §1597.46 governs large family day care (9–14 children), which must also be permitted in residential zones, though a city may impose limited standards on spacing, traffic, parking, and noise but cannot require a conditional-use permit. The CDSS Community Care Licensing Division licenses both classes; Rialto Planning cannot deny the use. Rialto's business license under RMC Ch. 5.04 still applies as a general revenue measure.
A city ordinance attempting to require CUPs or to prohibit family day care homes in residential zones is preempted and void under HSC §1597.40(b). CDSS handles licensing-rule violations (capacity, staffing, fire / safety inspections per Title 22 CCR).
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