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Costa Mesa, CA Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Costa Mesa Municipal Code Sec. 13-37
Large day care size
7-14 children
Spacing requirement
700 feet from another large home
Zone allowed
Single-family dwelling only
Waiver path
Minor conditional use permit
CEQA status
Exempt under Health & Safety Code Sec. 1597.46

Summary

A Costa Mesa home caring for 7 to 14 children is a large family day care home under Sec. 13-37, permitted only in a single-family dwelling and required to sit at least 700 feet from another large family day care home on the same street or block. Closer spacing needs a minor conditional use permit.

Applications for large family day care homes shall be submitted to the planning division for development review per Chapter III, Planning Applications, prior to the commencement of the use. A large family day care home may only be permitted in a single-family dwelling and shall not be located within 700 feet of an existing large family day care home on the same street or block, unless the applicant applies for and obtains approval of a minor conditional use permit. Pursuant to section 1597.46 of the State Health and Safety Code, a large family day care home shall not be subject to provisions of the California Environmental Quality Act.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4894290; v9 updated 2025-11-18).

Full Breakdown

Sec. 13-37 requires operators to submit applications for large family day care homes to the planning division for development review under Chapter III, Planning Applications, before starting the use. State law defines a large family day care home as one serving 7 to 14 children (Sec. 1-6/Article 2 definitions, citing Health & Safety Code Sec. 78); a small family day care home serving 8 or fewer children is treated differently under the city's land use tables. The code restricts large homes to single-family dwellings and imposes a 700-foot separation from any other existing large family day care home on the same street or block, a distancing standard meant to prevent clustering of high-occupancy home businesses in one residential pocket.

An applicant who cannot meet that 700-foot spacing is not automatically denied: the code allows approval through a minor conditional use permit, reviewed against the standards in Sec. 13-31 for maintaining neighborhood stability and cohesiveness. The city council may adopt general standards applied case-by-case to these applications, and the final review authority (planning staff or the planning commission on appeal) can impose conditions to further those neighborhood-compatibility purposes. Sec. 13-37 also cross-references Health & Safety Code Sec. 46, exempting large family day care homes from California Environmental Quality Act review, so the city cannot require a CEQA study before approval.

The land use matrix at Table 13-30, item 17, confirms large family day care for 7-14 children is 'subject to the requirements of section 13-37,' distinguishing it from small family day care (up to 8 children), which is permitted with fewer restrictions, and from day care facilities of 15 or more children, which fall under a separate commercial land use category.

Violations & Fines

Operating a large family day care home without the required planning division review, or in violation of the 700-foot spacing rule without an approved minor conditional use permit, is a violation of the zoning code enforceable under Sec. 1-33 as an infraction (fines of $100 to $500 for repeat violations) or as a misdemeanor carrying up to a $1,000 fine and six months in jail.

Frequently Asked Questions

Can I run a large family day care home anywhere in Costa Mesa?
No. Sec. 13-37 limits large family day care homes, serving 7 to 14 children, to single-family dwellings and requires the application to go through planning division development review before you start operating.
What if another large day care home already operates near me?
Sec. 13-37 bars a large family day care home within 700 feet of an existing one on the same street or block unless you obtain a minor conditional use permit, which the city reviews against neighborhood stability standards in Sec. 13-31.
Does my large family day care home need environmental review?
No. Sec. 13-37 states that, per Health & Safety Code Sec. 1597.46, a large family day care home is not subject to the California Environmental Quality Act, so the city cannot condition approval on a CEQA study.

Sources & Official References

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