San Bernardino County, CA Home Business: Home Daycare (2026)

Under the California Child Day Care Facilities Act, a Family Child Care Home providing care in a licensee's own residence is treated by state law as a residential use of property for the purposes of all local ordinances. California Health and Safety Code 1597.45 and 1597.465 prohibit cities and counties from imposing zoning restrictions, use permits, or business license taxes that do not apply to other residences. Small Family Child Care Homes (up to 8 children) and Large Family Child Care Homes (up to 14 children) must instead be licensed through the California Department of Social Services, Community Care Licensing Division, which conducts background checks, home inspections, and annual monitoring. San Bernardino County Land Use Services therefore cannot require a conditional use permit for a family child care home, but the operator must still comply with generally applicable rules on fire safety, pool fencing under Health and Safety Code 115920, smoke and carbon monoxide alarms, and playground area setbacks. Operators should notify their homeowners insurance carrier and, in HOA communities, check covenants for any state-preempted restrictions that cannot legally be enforced.