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Chula Vista, CA Home Business: Home Daycare (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Small family day care
8 or fewer children
Large family day care
9 to 14 children
Zoning status
Principal permitted use, no CUP
Governing sections
CVMC 19.24.020(D); 19.04.002
Landlord notice
Written notice required if renting
2023 change
CVMC 19.58.147 repealed by Ord. 3544

Summary

Chula Vista treats licensed family day care homes as a right, not a special use: CVMC 19.24.020(D) lists 'small and large family day care homes' as a principal permitted use in the R-1 zone, matched in the R-E, R-2, and R-3 zones, with no conditional use permit required since the City repealed its separate large-family-day-care standards in 2023.

19.24.020 Permitted uses. Principal permitted uses in the R-1 zone include: ... D. Small and large family day care homes. (Ord. 3544 § 6, 2023...). / 19.04.002: 'Family day care' means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. 'Family day care home, large' means...nine to 14 children, inclusive... 'Family day care home, small' means...eight or fewer children...

Source: California HSC §1597.45 — Family Daycare HomesView official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3623, passed May 19, 2026).

Full Breakdown

002 as regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, splitting the category into a 'small' home (eight or fewer children, including any who live there) and a 'large' home (nine to 14 children, inclusive). The definition also carries a distinctive local disclosure duty: a provider who rents or leases the home used for day care must notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property.

020(J)). This reflects a 2023 ordinance (Ord. 147, folding both size tiers directly into each zone's permitted-use list instead of subjecting large homes to separate site standards or a conditional use permit. A day care home still needs its state child care license from the California Department of Social Services, but Chula Vista's own zoning code no longer imposes an added local approval layer beyond the underlying residential use.

Violations & Fines

Operating a day care home for more children than the small (eight) or large (14) caps allow, or without the required state license, falls outside the permitted use and is enforceable as a zoning violation under CVMC 1.20.010 -- an infraction (up to $100 for a first offense) or misdemeanor (up to $1,000 and/or six months in jail), with each day of continued noncompliance a separate offense. A landlord notified of unlicensed day care use in a leased home can also pursue standard lease remedies.

Frequently Asked Questions

Does a Chula Vista home day care need a conditional use permit?
No. CVMC 19.24.020(D) and the matching provisions in the R-E, R-2, and R-3 zones list both small and large family day care homes as principal permitted uses, so a licensed provider does not need a conditional use permit to operate in a qualifying residential zone.
How many kids can a large family day care home in Chula Vista have?
Up to 14, including any children who live at the home. CVMC 19.04.002 defines a large family day care home as one serving nine to 14 children, inclusive, while a small home is capped at eight.
Do I have to tell my landlord if I run a day care in my rental?
Yes. CVMC 19.04.002 requires a family day care licensee who rents or leases the home to notify the property owner or landlord in writing that a family day care home is being operated on the property.

Sources & Official References

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