Riverside, CA Home Business: Home Daycare (2026)

California Health & Safety Code §1597.45, amended by SB 234 (the Keeping Kids Close to Home Act, effective January 1, 2020), provides that '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.' This is a hard state preemption: the City of Riverside cannot require a Home Occupation Permit, a Conditional Use Permit, a public hearing, special parking, or any zoning clearance for either a small (up to 8 children) or large (up to 14 children) family daycare home. §1597.45(a)(3) also prohibits a local jurisdiction from imposing 'a business license, fee, or tax for the privilege of operating a small or large family daycare home,' so the City may not require its standard Business Tax Certificate for a family daycare home. The state Child Day Care Act (H&S Code §§1596.70–1596.895) and the California Department of Social Services Community Care Licensing Division (CCLD) license and regulate the operation — including caregiver-to-child ratios, fire/building safety, background checks, and inspections. SB 234 also requires the City to treat a family daycare home identically to a single-family home for setback, lot dimension, and building-height rules. SB 234 also expanded protections under the Fair Employment and Housing Act so a landlord, HOA, or CC&Rs cannot prohibit a tenant from operating a family daycare home. This makes home daycare the most permissive home-business category in Riverside.