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

Family day care homes operated in a residence in unincorporated San Mateo County are governed primarily by California state law, which preempts local zoning. Under Health & Safety Code sections 1597.40 through 1597.46 - significantly strengthened by SB 234 (the 'Keeping Kids Close to Home Act,' effective January 1, 2020) - the use of a home as a small family day care home (up to 8 children) or a large family day care home (up to 14 children) is considered a residential use of property and a use by right for purposes of all local ordinances, including zoning. This means the County may not require a conditional use permit and must allow these homes in any residentially zoned area, including single-family neighborhoods, townhouses, condominiums and apartments. HSC 1597.40 also bars local agencies from directly or indirectly prohibiting or restricting the use, and a local jurisdiction may not impose a business license, fee, or tax for the privilege of operating a small or large family day care home. The State Building Code, Fire Code and State Fire Marshal standards preempt inconsistent local fire/life-safety rules for these homes. Licensing is handled by the California Department of Social Services, Community Care Licensing Division - not the County - so providers obtain their state family child care license and meet state health, safety and capacity standards. The County's role is largely limited to ensuring the residence otherwise complies with applicable building safety requirements that apply to all homes of the same zoning designation.