Santa Clara County, CA Home Business: Home Daycare (2026)
Key Facts
- Small family (≤ 6)
- Classified as Residence, by right (Sec. 2.10.030)
- Large family (7-14)
- Administrative permit per Division B24
- State definition
- HSC 1502; Child Day Care Facilities Act (HSC 1597+)
- Over 6, not licensed
- Expanded Community Care (Sec. 4.10.090)
- State license
- CA Dept. of Social Services (CCLD)
Summary
State law treats a small family day-care home (six or fewer) as a residential use, and the County classifies it as a Residence allowed by right. A large-family day-care home (7 to 14 children) is allowed under an administrative permit per Division B24 of the County Ordinance Code.
(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Family day-care homes in unincorporated Santa Clara County are governed by the interaction of California state law and the County Zoning Ordinance. 030), facilities providing care to children or adults are defined by reference to California Health and Safety Code Section 1502, and facilities serving six or fewer persons are classified as Residences - meaning a small family day-care home is treated as an ordinary residential use allowed by right, consistent with the state Child Day Care Facilities Act (Health and Safety Code Section 1597 and following), which requires cities and counties to treat small family day-care homes as residential uses.
A large-family day-care home serving between seven and 14 children, licensed under the requirements of Division B24 of the County Ordinance Code, is also included within the Community Care: Limited subcategory but is subject to an administrative permit (zoning clearance) per Division B24, as noted in the County's district use tables. 090. State licensing through the California Department of Social Services, Community Care Licensing Division, is separately required for all family day-care homes.
Violations & Fines
Operating a large-family day-care home without the required administrative permit under Division B24, or running an unlicensed family day-care home, can lead to County zoning enforcement and state licensing action.
Frequently Asked Questions
Can I run a daycare out of my home in unincorporated Santa Clara County?
Is a state license required too?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California home business overview
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