Marin County, CA Home Business: Home Daycare (2026)
Key Facts
- Small family day-care
- 6 or fewer children, by right
- Large family day-care
- 8 to 14 children, by right
- Day-care centers
- Use Permit required, Ch. 22.48
- License required
- CA Dept. of Social Services
- Governing section
- Development Code § 22.32.050
Summary
Unincorporated Marin allows small family day-care homes (six or fewer children) and large family day-care homes (eight to fourteen children) by right in any single-family residence in an agricultural or residential zoning district, per Development Code Section 22.32.050. No zoning permit is required beyond the state-mandated California Department of Social Services license; a stand-alone day-care center instead needs a Use Permit.
As provided by State law (Health and Safety Code Sections 1596.78, et seq.), small and large family day-care homes are allowed within any single-family residence located in an agricultural or residential zoning district. Child day-care centers are allowed in the zoning districts determined by Article II (Zoning Districts and Allowable Land Uses), subject to Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits)... Large Family Day-Care Home (land use). This land use consists of a day-care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight to 14 children... Small Family Day-Care Home (land use). This land use consists of a day-care facility located in a single-family residence where an occupant of the residence provides care and supervision for either six or fewer children, or eight or fewer children provided that no more than two of the children are under the age of two and at least two of the children are over the age of six.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).
Full Breakdown
78 and following) allows. 030 as facilities where an occupant cares for six or fewer children, or up to eight children if no more than two are under age two and at least two are over age six, are allowed by right in a single-family residence in any agricultural or residential zoning district. Large family day-care homes, caring for eight to fourteen children in a single-family residence, are likewise allowed by right in the same districts; children under ten who live in the home count toward the total served.
48 (Conditional Use Permits). Every child day-care facility, regardless of size, must first obtain a license from the California Department of Social Services and present proof of that license to the Community Development Agency before opening. Applicants for a day-care center should expect the Agency to weigh site plan, parking, and neighborhood-compatibility factors typical of a discretionary Use Permit review, on top of the licensing step every category of child day care in the county must clear.
Violations & Fines
Operating a child day-care center in unincorporated Marin without the required Use Permit, or without a current California Department of Social Services license on file with the Community Development Agency, is a zoning violation the Agency can pursue through code enforcement, including permit revocation or citation. Small and large family day-care homes that exceed the state-defined child counts for their category lose by-right status and must instead qualify, and permit, as a day-care center.
Frequently Asked Questions
Do I need a county permit to run a small family day-care home in unincorporated Marin?
How many children can a large family day-care home serve in Marin County?
What's different about a child day-care center?
Who enforces day-care licensing in Marin?
Sources & Official References
Other rules in Marin County
California rules heatmap·Compare Marin County to another location·View the California home business overview
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