Monterey County, CA Home Business: Home Daycare (2026)
Key Facts
- Small family day care
- 1-6 children, permitted use, no permit needed
- Large family day care
- 7-12 children, Use Permit required (Ch. 21.74)
- Use permit authority
- Zoning Administrator or Planning Commission, public hearing
- Permit validity
- 2 years from grant unless use has begun
- Unlawful operation
- misdemeanor or infraction under § 21.84.040(A)
- Scope
- unincorporated, non-coastal county only (§ 21.02.010)
Summary
In unincorporated Monterey County, a small family day care home for up to six children is a permitted use in every residential zoning district under Title 21, no discretionary review needed. A large family day care home, state-licensed for seven to twelve children, requires a Use Permit under Chapter 21.74, meaning a public hearing before the Zoning Administrator or Planning Commission before it can legally operate.
21.06.270 - Day care home, large family. "Large family day care home" means a home licensed as such by the State of California to provide day care for seven to twelve (12) children, inclusive of the children who reside at the home.
21.06.280 - Day care home, small family. "Small family day care home" means a home licensed as such by the State of California to provide day care for one to six children, inclusive of the children who reside at the home.
21.10.050 - Uses allowed—Use permit required in each case (Chapter 21.74)....P.Large family day care home;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
" Incorporated cities such as Salinas, Monterey, Seaside, Marina, Carmel-by-the-Sea, Pacific Grove and King City set their own daycare zoning. 030(H) in the Rural Density Residential district. 050(V) does the same for RDR, calling out "Large family day care facilities (ZA)" for Zoning Administrator review. 050(B) that the use will not be detrimental to the health, safety, peace, morals, comfort and general welfare of the neighborhood and that the property already complies with zoning rules. 100, non-refundable once the application is deemed complete.
Violations & Fines
Operating a large family day care home without the required Use Permit is an unlawful use of land under Section 21.84.040(A): any person who violates Title 21, including a condition of a discretionary permit, "is guilty of a misdemeanor, unless, in the discretion of the prosecutor, it is charged as an infraction." The Director of Planning may issue a stop-use order, and Section 21.84.140 doubles the application fee for any permit later sought to legalize an already-established use.
Frequently Asked Questions
Do I need a permit to run a small home daycare in Monterey County?
What counts as a 'large family day care home' under county code?
What happens if I operate a large family day care home without a Use Permit?
Sources & Official References
Other rules in Monterey County
California rules heatmap·Compare Monterey County to another location·View the California home business overview
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