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

Under San Diego County Zoning Ordinance Section 6156, a 'Family Day Care Home For Children, Small (8 or fewer children) is a permitted residential use when located in a single-family residence' (Sec. 6156.cc) — no special permit. For 'Family Day Care Home For Children, Large (9 to 14 children),' Section 6156.y on the books treats it as an accessory use upon issuance of an Administrative Permit, with conditions including a 500-foot separation from other permitted large homes, an on-site parking space for any non-resident assistant, noise-mitigation (such as six-foot solid fencing) around outside activity areas, a loading/unloading area for at least two cars, compliance with State Fire Marshal standards via the local fire authority, no outdoor sound-amplification, and septic-system certification where applicable. However, California state law preempts the discretionary-permit portion of this ordinance: Health & Safety Code Section 1597.45 (as amended by SB 234, effective January 1, 2020) declares that the use of a home as a small OR large family day care home is a residential use and a use by right for all local ordinances, and prohibits a local jurisdiction from requiring a conditional use permit or imposing a business license, fee, or tax to operate one. Local rules may apply only where identical to those for all other residences in the same zone. Family day care homes are state-licensed by the California Department of Social Services, and local fire/life-safety standards must follow the State Fire Marshal (HSC 1597.46).