San Bernardino County, CA Home Business: Home Daycare (2026)
Key Facts
- Governing table
- Development Code § 82.04.040, Table 82-7
- Family day care home (up to 14 kids)
- Allowed use, no permit, in RL/RS/RM
- Day care center (15+ kids)
- Minor Use Permit or CUP required
- State license required
- California Dept. of Social Services license mandatory
- First infraction fine
- Up to $100 base fine
- Misdemeanor fine range
- $500 to $1,000, or jail up to 6 months
Summary
San Bernardino County treats a family day care home caring for up to 14 children as an allowed use needing no planning permit in the RL, RS and RM residential zoning districts, per Development Code Table 82-7. A commercial day care center, by contrast, needs a Minor Use Permit or Conditional Use Permit in every residential district.
§ 82.04.040 Residential Land Use Zoning District Allowed Uses and Permit Requirements.
(a) General Permit Requirements. Table 82-7 identifies the uses of land allowed by this Development Code in each residential land use zoning district established by Chapter 82.01 (Land Use Plan, and Land Use Zoning Districts, and Overlays), in compliance with § 82.02.030 (Allowed Land Uses and Planning Permit Requirements). ... Child care - Family day care home (up to 14 children) A A A Child care - Day care center M/C M/C M/C
Full Breakdown
Table 82-7 in County Development Code § 82.04.040 sets the permit requirement for every land use allowed in the RL (Rural Living), RS (Single Residential) and RM (Multiple Residential) zoning districts. The row for 'Child care - Family day care home (up to 14 children)' is marked 'A' in all three columns, meaning the County classifies it as an allowed use that needs no discretionary planning permit at all. The Development Code's own definitions, at § 810.01.060(e), track Health and Safety Code § 1596.78: a family day care home is a facility in the provider's own home caring for 14 or fewer children for less than 24 hours a day while parents or guardians are away, and it must be licensed by the California Department of Social Services before it can operate.
A separate use, 'Child care - Day care center,' covers commercial or non-profit facilities designed and approved for 15 or more children, including infant centers, preschools, sick-child centers and school-age programs, run independently or alongside a school or church. That row is marked 'M/C' in RL, RS and RM, meaning it needs a Minor Use Permit reviewed by the Planning Director at a public hearing, or a Conditional Use Permit before the Planning Commission if the project fails any of the findings in Development Code § 85.06.050 (for example, a phased project or one likely to draw controversy). Running a day care center in a residential zone without that permit, or exceeding the 14-child threshold that keeps a home in the allowed-use row, is enforced as a Development Code violation under § 86.09.090.
Violations & Fines
Operating a day care center without the required Minor Use or Conditional Use Permit, or exceeding the 14-child cap that keeps a home in the 'allowed use' row, is a Development Code violation under § 86.09.090. A first infraction carries a base fine up to $100, a second within a year on the same property up to $200, and a third or later up to $500; the County may instead charge the violation as a misdemeanor punishable by a $500-$1,000 fine, up to six months in county jail, or both.
Frequently Asked Questions
Does San Bernardino County require a permit to run a home daycare?
What is the difference between a family day care home and a day care center under county zoning?
What happens if a day care center opens without the required permit?
Sources & Official References
Other rules in San Bernardino County
California rules heatmap·Compare San Bernardino County to another location·View the California home business overview
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