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Monterey Park, CA Home Business: Home Daycare (2026)

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

Key Facts

Up to 7 children
Permitted accessory use (P) in R-1/R-2/R-3
8 to 14 children
Limited use (L); needs home occupation license
Spacing rule
300 ft minimum from another day care facility
Exceptions
Nearby facility at capacity or unique service
Governing sections
Table 21.08(B); § 21.08.040(B)
Penalty
Infraction: $100/$200/$500 escalating fines

Summary

In the City of Monterey Park, a family day care for up to seven children is a permitted accessory use by right in every residential zone, but licensing for eight to 14 children downgrades to a limited use requiring a home occupation business license and at least 300 feet of separation from another day care.

Table 21.08(B) Permitted Accessory Uses in Residential Zones Accessory Uses R-1 R-2 R-3 ... Child day care, licensed for up to 7 children P P P Child day care, licensed for 8 to 14 children L L L ... ... § 21.08.040. Limitations and Special Standards. ... Child Day Care, Licensed for Eight to Fourteen Children. In all residential zones, child day care for eight to 14 children is subject to State and City regulations, including a home occupation business license and the following requirements: ... The residence must comply with all property development standards. ... The child day care facility cannot be located within 300 feet of another child day care facility, except when: ... The applicant can demonstrate that an existing child day care located within 300 feet is at capacity; or ... The need exists for a particular or unique service not provided by an existing child day care location within 300 feet.

Full Breakdown

Table 21.08(B), the city's list of permitted accessory uses in residential zones, draws a hard line at seven children: Child day care, licensed for up to 7 children is marked P, permitted, in the R-1, R-2, and R-3 zones, while Child day care, licensed for 8 to 14 children is marked L, meaning it is allowed only subject to the limitations spelled out in Section 21.08.040(B). That section states that child day care for eight to 14 children is subject to State and City regulations, including a home occupation business license, on top of whatever California license the operator holds.

The biggest siting rule is distance: the child day care facility cannot be located within 300 feet of another child day care facility, with two narrow exceptions the applicant must demonstrate, that an existing day care within 300 feet is already at capacity, or that the new location fills a particular or unique service the nearby facility does not provide. The residence must also comply with all of the property's normal development standards, meaning the setback, height, and lot-coverage rules for whichever residential zone it sits in still apply on top of the day care conditions.

Because a home occupation permit under Section 21.08.040(C) is a separate, general-purpose zoning approval for running any business from a residence, a large family day care home effectively layers two approvals, the accessory-use limitation for the day care itself and the home occupation business license, before the City will let it operate for eight or more children.

Violations & Fines

Operating a licensed home day care for eight or more children without the required home occupation business license, or within 300 feet of another day care facility absent one of the code's two exceptions, is enforced under Title 21's residential zoning infraction schedule at Sections 4.10.030(a)(7) and 4.10.040: up to $100 for a first violation, up to $200 for a repeat within a year, and up to $500 for each further violation, rising to a misdemeanor if the same violation recurs three times in twelve months.

Frequently Asked Questions

Do I need a permit to run a small home daycare in Monterey Park?
Not a home occupation permit specifically, but Table 21.08(B) only marks Child day care, licensed for up to 7 children as a permitted accessory use by right; anything larger moves into the limited-use category that does require a home occupation business license.
How close can two home daycares be to each other?
Section 21.08.040(B) bars a family day care for eight to 14 children from locating within 300 feet of another day care facility, unless the applicant shows the nearby facility is already at capacity or that the new location offers a particular or unique service the existing one does not.
Does a large family day care home need anything beyond the state license?
Yes. Beyond the California family day care license, Section 21.08.040(B) requires a City home occupation business license, and the residence must still comply with all normal property development standards for its zone.

Sources & Official References

Other rules in Monterey Park

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