Home Daycare: San Diego vs San Marcos
How do home daycare rules compare between San Diego, CA and San Marcos, CA?
San Marcos has fewer restrictions than San Diego.
San Diego, CA
San Diego County
Small family day care homes (up to 8 children) are permitted as an accessory use in residential zones in San Diego. Large family day care homes (9-14 children) require an Administrative Permit per the Land Development Code. The Director may grant the permit upon finding the daycare will not adversely affect neighborhood character. California state licensing through Community Care Licensing Division is also required.
View full San Diego rules →San Marcos, CA
San Diego County
California law guarantees the right to operate small family child care homes (up to 8 children) in any residential zone, and San Marcos may not prohibit them through zoning. Small family daycare homes serving up to 8 children require a license from the California Department of Social Services. Large family child care homes serving up to 14 children require both a state license and may require a city use permit.
View full San Marcos rules →Key Facts Comparison
| Fact | San Diego | San Marcos |
|---|---|---|
| Small Daycare | Up to 8 children; permitted as accessory use | - |
| Large Daycare | 9-14 children; Administrative Permit required | - |
| State License | CA Community Care Licensing Division required | - |
| Finding Required | No material detriment to neighborhood character | - |
| Zoning | Permitted in residential zones | City cannot prohibit small family daycare homes |
| Small Daycare (1-8 kids) | - | Allowed by right in all residential zones |
| Large Daycare (9-14 kids) | - | May require city use permit |
| Licensing | - | California Dept. of Social Services required |
Highlighted rows indicate differences between cities.
San Diego FAQ
Can I run a daycare from my home?
Small family daycares (up to 8 children) are allowed as accessory uses in residential zones. Larger operations (9-14 children) need an Administrative Permit from the City.
What licenses do I need?
Both a California Community Care License from the state and compliance with San Diego's zoning requirements. Large daycares also need a City Administrative Permit.
San Marcos FAQ
Can I run a daycare from my home in San Marcos?
Yes. California law guarantees the right to operate a small family child care home serving up to 8 children in any residential zone. You need a license from the California Department of Social Services.
Can San Marcos restrict home daycare through zoning?
No. State law prohibits cities from using zoning to ban or restrict small family child care homes serving up to 8 children. Large family homes serving 9-14 may require additional city approval.
What do I need to get licensed for home daycare?
Contact the California Department of Social Services Community Care Licensing Division. Requirements include background checks, facility health and safety inspections, and training in child development and first aid.
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