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Upland, CA Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Small day care (8 or fewer)
CUP required in all 10 residential zones
Large day care (9-14 children)
CUP required except RS-MH (not allowed)
Governing table
Table 17.04-1, § 17.04.020
Definitions
Upland Municipal Code § 17.51.010
State law cross-reference
Health & Safety Code § 1597.30 et seq.
Violation penalty
Up to $1,000 fine, 6 months jail

Summary

Upland's residential land-use table requires a discretionary Conditional Use Permit for a small family day care home (eight or fewer children) in every one of its ten residential zones, and for a large family day care home (nine to fourteen children) in every zone except RS-MH, where it is barred outright.

TABLE 17.04-1 PERMITTED LAND USES IN THE RESIDENTIAL ZONES. Key: P Permitted Use, CUP Conditional Use Permit Req., AUP Admin. Use Permit Req., — Use Not Allowed. Columns: RS-20 | RS-15 | RS-10 | RS-7.5 | RS-4 | RS-MH | RM-10 | RM-20 | RM-30 | RM-40. Family Day Care: Small (8 or fewer) CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP. Large (9 to 14) CUP CUP CUP CUP CUP — CUP CUP CUP CUP.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4480959; v4 updated 2025-09-22).

Full Breakdown

020, lists "Family Day Care" with two rows. 5, RS-4, RS-MH, RM-10, RM-20, RM-30, and RM-40. "Large (9 to 14)" is likewise marked "CUP" in nine of those zones but marked "Use Not Allowed" in RS-MH, the single-family mobile home zone. 04-1 may actually be applied to a small home. Anyone seeking to open one should confirm current treatment with Upland's Development Services Department before assuming the table's CUP listing controls.

Violations & Fines

Operating a family day care home, small or large, without the Conditional Use Permit that Table 17.04-1 lists for the applicable zone, or operating a large family day care home in the RS-MH zone where it is listed "Use Not Allowed," is a Zoning Ordinance violation under Upland Municipal Code § 17.43.040: a misdemeanor punishable by a fine of up to $1,000, imprisonment of up to six months, or both, with each day of continued operation a separate offense.

Frequently Asked Questions

Do I need a permit to run a home day care in Upland?
Table 17.04-1, under Upland Municipal Code § 17.04.020, lists a Conditional Use Permit requirement for "Family Day Care, Small" (8 or fewer children) in all ten residential zones and for "Family Day Care, Large" (9 to 14 children) in every zone except RS-MH, where large day care homes are not allowed at all.
How many children can I care for in a small family day care home?
Upland Municipal Code § 17.51.010 defines "Family Day Care, Small" as a home that serves eight or fewer children, including children who live at the home. Nine to fourteen children puts the operation in the "Large" category, which the residential table treats differently.
Does California state law override Upland's CUP requirement for small day care homes?
Upland's own State Law References appendix cites Health and Safety Code § 1597.30 et seq. as governing family day care homes statewide, and that state law is widely understood to require small homes be treated as a residential use rather than conditioned on a discretionary permit; confirm current application with Development Services before applying.
Can I run a large family day care home in a mobile home zone?
No. Table 17.04-1 marks "Family Day Care, Large" (9 to 14 children) as "Use Not Allowed" in the RS-MH single-family mobile home zone, while small family day care homes remain listed as requiring a CUP in that same zone.

Sources & Official References

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