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

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

Key Facts

Zoning permit for small day care
None required (exempt), Note 4
Zoning permit for large day care
None required (exempt), Note 4
Small home size (children)
8 or fewer, per Health & Safety Code 1597.44
Large home size (children)
7 to 14, per Health & Safety Code 1597.465
New construction
Same standards as a residential structure

Summary

A small or large family day care home serving children is exempt from county zoning permits under Development Code Table 2-1, Note (4), matching the state law that bars local governments from treating licensed family day care as a business use. A new structure built to house one still meets standard residential building rules.

City-specific rules exist: Santa Maria has its own home daycare rules that differ from Santa Barbara County's county-level regulations. If you live in Santa Maria, check the city-specific page instead.

(4) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone. ... Large Family Day Care Home, serving children. A day care facility that provides care, protection, and supervision for seven to 14 children, inclusive... as set forth in Health and Safety Code Section 1597.465... Small Family Day Care Home, serving children. A day care facility provides care, protection, and supervision for eight or fewer children... as set forth in Health and Safety Code Section 1597.44...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 44 Update 1).

Full Breakdown

030, lists 'Small family day care home, serving children' and 'Large family day care home, serving children' with an 'E(4)' designation, meaning the use is exempt from zoning permits, subject to footnote 4. That footnote states plainly that 'a change of use to a large or small family day care home, serving children, is exempt from zoning permits,' while an application to construct a new structure for that purpose 'is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone,' so no special day-care permit layer applies even to new construction.

465, tracking the state Family Day Care Home Act's own size classifications rather than setting an independent county cap. By contrast, family day care serving adults is treated differently: 'Small family day care home, serving adults' is exempt outright with no footnote qualifier, while 'Large family day care home, serving adults,' covering seven to 14 adults, requires a standard Land Use Permit ('P') rather than an exemption. A day care center, as opposed to a family day care home, is a different classified use: centers accessory to a dwelling need a Minor Conditional Use Permit, and centers serving up to 50 children can get a Land Use Permit under footnote 5.

Violations & Fines

Because small and large family day care homes serving children are zoning-exempt under Table 2-1 Note (4), the county does not cite a home for lacking a zoning permit as long as it stays within the state-law size caps (eight or fewer children for a small home, seven to 14 for a large home) that define the use in the first place; a facility serving more children than the state definition allows no longer qualifies as an exempt family day care home under this table and would instead be evaluated as a day care center, which does require a Minor Conditional Use Permit or Land Use Permit depending on scale.

Frequently Asked Questions

Do I need a county permit to run a licensed family day care home for children out of my house?
No. Table 2-1 Note 4 exempts both small (up to 8 children) and large (7 to 14 children) family day care homes serving children from zoning permits, mirroring the state Family Day Care Home Act's protections for licensed in-home care.
Does building a new house specifically to run a day care require extra permits?
No day-care-specific permit, but Note 4 requires new construction for that purpose to meet the same standards and permit requirements as any residential structure built in that zone, so ordinary building and zoning standards still apply.
Is home day care for adults treated the same as day care for children?
Not entirely. A small family day care home serving six or fewer adults is exempt outright, but a large home serving seven to 14 adults needs a standard Land Use Permit, unlike the children's version which stays exempt at both sizes under Note 4.

Sources & Official References

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