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.
California Health and Safety Code Section 1597.45 (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. HSC Section 1596.78 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. Rialto's code is consistent: RMC 5.68.040(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.
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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Rialto, CA
Rialto requires permits for walls taller than 42 inches and building permits for all masonry and retaining walls. Block walls get three city inspections, and...
Rialto, CA
Barbed wire and razor wire are prohibited in all Rialto residential zones, and no sharp points may top any fence under six feet. City design standards also r...
Rialto, CA
Rialto caps household pets at four weaned dogs and cats combined, and no more than three of them may be dogs. The limit appears in Rialto Municipal Code Sect...
Rialto, CA
Backyard fires in Rialto are legal only as contained cooking or warming fires burning clean fuels such as propane, natural gas, charcoal, or untreated wood. ...
Rialto, CA
Removing a street or parkway tree requires prior written permission from the public services director, and the city's published criteria allow removal only o...
Rialto, CA
The Rialto Municipal Code's Title 9 (Public Peace, Safety and Morals) is the primary framework for nighttime curfew and related public-order rules; the publi...
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