Upland, CA Home Business: Home Daycare (2026)

Family child care homes in Upland are governed largely by state preemption, not local zoning discretion. Under the California Child Day Care Facilities Act (Health and Safety Code Sections 1597.30 and following, as amended by SB 234, the Keeping Kids Close to Home Act), the use of a home as a small or large family daycare home is deemed a residential use of property and a use by right for all local ordinances, including zoning. As a result, Upland may not require a use permit, conditional use permit, or zoning clearance solely for operating a family daycare home, and a city, county, or district may not impose a business license, fee, or tax for the privilege of operating one. Both small (up to 8 children, or as state-defined) and large family daycare homes are treated this way. The principal local hook the state allows is fire and life safety: a large family child care home must obtain a fire safety clearance approved by the city or county fire department (or the State Fire Marshal), and that clearance is mandatory and non-discretionary - the city cannot use it as a back-door discretionary denial, and cannot adopt fire/building rules for large homes inconsistent with the State Fire Marshal's standards except as they apply to all residences in the same zone. Providers must hold the appropriate license from the California Department of Social Services. Spacing/concentration and similar local conditions are sharply limited by statute.