Riverside, CA Home Business: Home Daycare (2026)
Key Facts
- Governing statute
- Cal. Health & Safety Code §1597.45 (SB 234, 2020)
- Local zoning permit
- Not required: use by right in residential zones
- City business license/tax
- Prohibited by state law
- Small family daycare cap
- 8 children
- Large family daycare cap
- 14 children
- State licensing agency
- California Dept. of Social Services. Community Care Licensing Division (CCLD)
- Setback/height rules
- Identical to other single-family residences
Summary
California Health & Safety Code §1597.45 (as amended by SB 234, 2019) preempts Riverside zoning. Small and large family daycare homes are a residential use 'by right' in any residential zone: no Home Occupation Permit, no conditional use permit, and no local business license, fee, or tax may be required.
(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
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. 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.
Violations & Fines
There are no local Riverside enforcement actions available against a properly licensed family daycare home operating within state ratios: any attempt to require a city permit or impose a city fee would be void as preempted under §1597.45. Operating without a state license from CCLD is a state-law violation (criminal misdemeanor under H&S Code §1596.890 with potential civil penalties up to $200/day per child), enforced by CCLD, not the City. If a daycare operator exceeds large-daycare ratios (14 children), the use loses its 'family daycare home' protected status and the City could then enforce normal zoning rules. Discrimination by a landlord, HOA, or CC&Rs against a family daycare home is actionable under SB 234 and Cal. Civil Code §1597.40.
Frequently Asked Questions
Do I need a permit from the City of Riverside to run a daycare from my home?
Can my Riverside HOA stop me from operating a home daycare?
What is the difference between a small and large family daycare home in California?
Sources & Official References
- [1]Cal. Health & Safety Code §1597.45 — Family Daycare Homes (use by right)
- [2]SB 234 (2019) — Keeping Kids Close to Home Act (chaptered text)
- [3]California Dept. of Social Services — Community Care Licensing (Family Child Care Homes)
- [4]California Office of Land Use & Climate Innovation — SB 234 Factsheet
Other rules in Riverside
California rules heatmap·Compare Riverside to another location·View the California home business overview
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Home Daycare in Nearby Cities
How other cities in Riverside County handle home daycare.