Bostonia, CA Home Business: Home Daycare (2026)
Key Facts
- Legal status
- Treated as residential use
- Small home
- Up to 8 children
- Large home
- Up to 14 children
- Licensing
- CA Dept. of Social Services
- Local ban
- Not allowed by state law
Summary
California law protects small and large family day care homes as a residential use, so San Diego County must allow them in Bostonia. Providers must be licensed by the state Department of Social Services (Community Care Licensing); local zoning cannot ban them.
The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Under California law (Health & Safety Code sections 1596.70 et seq. and 1597.40 et seq.), a family day care home for children is treated as a residential use of property. A small family day care home (up to 8 children) is a permitted residential use, and a large family day care home (up to 14) is allowed subject only to limited standards. In unincorporated San Diego County the use is permitted accordingly, and licensing is handled by the California Department of Social Services, Community Care Licensing Division. The County cannot require a business zoning permit that treats a licensed day care home as a commercial use.
Violations & Fines
Operating an unlicensed day care home violates state licensing law and can bring Department of Social Services enforcement and penalties.
Frequently Asked Questions
Can San Diego County ban a home daycare in Bostonia?
Do I need a license for a home daycare?
Sources & Official References
Other rules in Bostonia
California rules heatmap·Compare Bostonia to another location·View the California home business overview
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Home Daycare in Nearby Cities
How other cities in San Diego County handle home daycare.