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Aliso Viejo, CA Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Aliso Viejo Municipal Code § 15.14.160
Small home
Six or fewer children, no discretionary permit, RL and RM districts
Large home
Seven to 12 children, administrative use permit from planning director
Large home separation
1,500 feet from another large home, unless need is shown
Outdoor play hours
7:30 a.m. to 7:00 p.m. for large homes
Play area fence
Fully enclosed, minimum five feet high
Signs
None permitted on or off the site for large homes

Summary

In the City of Aliso Viejo, California, small child day care homes (six or fewer children) are permitted in the RL and RM districts without a discretionary permit. Large homes (seven to 12 children) need an administrative use permit from the planning director, a 1,500 foot separation from other large homes, and a fenced play area.

C. Small Child Day Care Homes. ... Small child day care homes are permitted in the RL and RM districts without approval of a discretionary permit. Small child day care homes may provide care for six or fewer children. ... D. Large Child Day Care Homes. 1. Where Permitted. Large child day care homes are permitted in the RL and RM districts provided an administrative use permit is approved by the planning director. Such a permit shall be approved if the director finds that the requirements of this section are met. 2. Number of Children. Large child day care homes may provide care for seven to 12 children. ... 7. Outdoor Play Hours. Outdoor activities shall be limited to between the hours of 7:30 a.m. and 7:00 p.m.

Full Breakdown

AVMC 15.14.160 governs child day care homes, also called family day care homes, in the residential districts of the City of Aliso Viejo, Orange County, California. Its purpose clause ties the rules to California Health and Safety Code Division 2, Chapters 3.4 and 3.6, and subsection (B) requires that all state and other required licenses be maintained in good standing and that every home comply with applicable state and local health and safety regulations.

Small homes come first. Subsection (C) permits them in the RL and RM districts without approval of a discretionary permit and allows care for six or fewer children. The city also repeats the state allowance of up to eight children without an additional adult attendant when four conditions are met: one child is enrolled in and attending kindergarten or elementary school and a second is at least six years of age, no more than two infants are cared for when more than six children are present, the licensee notifies each parent, and the licensee holds written owner consent if the property is leased or rented.

Large homes face a real permit step. Under subsection (D), an administrative use permit is approved by the planning director, who must approve it if the section's requirements are met. Care for seven to 12 children is allowed, rising to 14 under the same style of conditions. No large home is approved on a parcel within 1,500 feet of another parcel with an existing or permitted large home, unless the applicant shows the director a need for a particular service not provided by that nearby home. Required features include one off-street parking space for each nonresident employee, a drop-off and pick-up area, a fire extinguisher and smoke detector, a fully enclosed outdoor play area with a fence of minimum five feet, outdoor activity between 7:30 a.m. and 7:00 p.m., noise within the single-family standard of AVMC 15.46.010, and no signs on or off the site.

Violations & Fines

A violation of AVMC 15.14.160 is enforced through Chapter 1.06 AVMC: a misdemeanor carrying a fine of not more than $1,000, up to six months in jail, or both, or an infraction with fines not exceeding $100, $200 and $500 for the first, second and later violations within one year. Administrative citations follow the same fine tiers, and each day of violation is a separate offense under AVMC 1.06.020.

Frequently Asked Questions

Do I need a city permit for a small day care in my Aliso Viejo home?
Not a discretionary one. AVMC 15.14.160(C) permits small child day care homes in the RL and RM districts without approval of a discretionary permit, for six or fewer children. State and other required licenses must still be maintained in good standing under subsection (B).
What is required to run a large family day care in the City of Aliso Viejo?
An administrative use permit approved by the planning director, who must approve it if the section's requirements are met. The home also needs a fire extinguisher and smoke detector, an enclosed play area with a fence of at least five feet, a drop-off area, and one space per nonresident employee.
How close can two large day care homes be?
AVMC 15.14.160(D)(3) bars approval of a large home on a parcel within 1,500 feet of another parcel that already has, or has a valid permit for, such a home. The exception is where the applicant demonstrates to the director a need for a service the nearby home does not provide.
When can children play outside at a large day care home?
Subsection (D)(7) limits outdoor activities to between 7:30 a.m. and 7:00 p.m. Noise cannot exceed the ambient standards for a single-family residence in AVMC 15.46.010, and the play area must be fully enclosed by a fence of at least five feet.

Sources & Official References

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