Home Daycare: Costa Mesa vs Midway City
How do home daycare rules compare between Costa Mesa, CA and Midway City, CA?
Costa Mesa and Midway City have similar restriction levels.
Costa Mesa, CA
Orange County
Both small (up to 8 children) and large (up to 14 children) in-home family child care are permitted by right in residential and agricultural zones under Section 7-9-95.5 of the Orange County Zoning Code, consistent with California SB 234 (HSC 1597.45/1597.46). No County use permit is required; a use permit applies only to centers serving more than 14.
View full Costa Mesa rules →Midway City, CA
Orange County
Both small (up to 8 children) and large (up to 14 children) in-home family child care are permitted by right in residential and agricultural zones under Section 7-9-95.5 of the Orange County Zoning Code, consistent with California SB 234 (HSC 1597.45/1597.46). No County use permit is required; a use permit applies only to centers serving more than 14.
View full Midway City rules →Key Facts Comparison
| Fact | Costa Mesa | Midway City |
|---|---|---|
| Governing section | OC Zoning Code Sec. 7-9-95.5 (Child Day Care Facilities) | OC Zoning Code Sec. 7-9-95.5 (Child Day Care Facilities) |
| Small home | Up to 8 children - permitted by right in residential/ag zones | Up to 8 children - permitted by right in residential/ag zones |
| Large home | Up to 14 children - permitted by right in residential/ag zones | Up to 14 children - permitted by right in residential/ag zones |
| State preemption | SB 234 / HSC 1597.45-1597.46 (residential use by right) | SB 234 / HSC 1597.45-1597.46 (residential use by right) |
| Use permit | Required only for centers serving more than 14 persons | Required only for centers serving more than 14 persons |
| License | State license required; fire clearance per Title 24 (State Fire Marshal) | State license required; fire clearance per Title 24 (State Fire Marshal) |
Highlighted rows indicate differences between cities.
Costa Mesa FAQ
Do I need a county permit to run a daycare in my home in unincorporated Orange County?
No county zoning or use permit is required for an in-home family child care. Section 7-9-95.5 permits both small (up to 8 children) and large (up to 14 children) homes by right in residential and agricultural zones, consistent with California SB 234, which treats them as a residential use. You do still need a State license.
How many children can I care for, and when does a use permit kick in?
A small family child care home covers up to 8 children and a large home up to 14 children, including resident children, both by right. A Use Permit from the Planning Commission is required only for a child care center or early education facility serving more than 14 persons (Sec. 7-9-95.5(c)).
Midway City FAQ
Do I need a county permit to run a daycare in my home in unincorporated Orange County?
No county zoning or use permit is required for an in-home family child care. Section 7-9-95.5 permits both small (up to 8 children) and large (up to 14 children) homes by right in residential and agricultural zones, consistent with California SB 234, which treats them as a residential use. You do still need a State license.
How many children can I care for, and when does a use permit kick in?
A small family child care home covers up to 8 children and a large home up to 14 children, including resident children, both by right. A Use Permit from the Planning Commission is required only for a child care center or early education facility serving more than 14 persons (Sec. 7-9-95.5(c)).
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