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Santa Clara County, CA Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Palo Alto, Santa Clara, San Jose, Mountain View, and Sunnyvale have their own home daycare rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(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.

Source: California Health and Safety Code 1597.40View official code

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?
Yes. A small family day-care home for six or fewer is classified as a Residence and allowed by right (Zoning Ordinance Section 2.10.030), consistent with state law. A large-family day-care home for 7 to 14 children needs an administrative permit under Division B24 of the County Ordinance Code.
Is a state license required too?
Yes. All family day-care homes must be licensed by the California Department of Social Services, Community Care Licensing Division, under the Child Day Care Facilities Act (Health and Safety Code Section 1597 and following), separate from the County's zoning approval.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

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