State-licensed family child care homes are a residential use by right in Redlands. Under California SB 234, the City cannot require a land-use permit or business license for small or large family daycare homes; the state Department of Social Services handles licensing.
Family child care homes in Redlands are governed primarily by California law, not a restrictive local ordinance. Under SB 234 (the Keeping Kids Close to Home Act), codified in Health and Safety Code Sections 1597.40-1597.465, the use of a home as a small or large family daycare home is a residential use of property and a use by right for all local ordinances, including zoning. A local jurisdiction may not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home, and the state building, fire, and related codes preempt local rules on the use and occupancy of these homes. The City of Redlands acknowledges this: its guidance points to RMC Section 18.156.610 for child care homes but states that SB 234 prohibits the City from requiring state-licensed Family Child Care Homes to obtain land-use permits or business licenses, treating them as residential uses. Licensing is handled by the California Department of Social Services, Community Care Licensing Division. A small family daycare home serves up to 8 children and a large family daycare home up to 14 children (with the operator/assistant counts and age mixes defined by state law). Because the City defers to the state framework, providers should pursue state licensure and confirm any limited local notice or fire-clearance requirements that remain permissible under SB 234.
Operating without the required state Community Care Licensing license is the principal enforcement risk and is handled by the state; the City cannot deny a land-use permit or impose a business license on a licensed family daycare home, so local zoning-based denials are preempted.
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