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Mountain View, CA Home Business: Home Daycare (2026)

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

Key Facts

Small daycare capacity
Up to 8 children (licensed)
Large daycare capacity
Up to 14 children (licensed)
Zoning treatment
Residential use by right
State law
H&S Code 1597.40-1597.465
Use permit required
No, preempted by state

Summary

Small family daycare homes (up to 8 children) and large family daycare homes (up to 14 children) are permitted by right in Mountain View residential zones under California H&S Code 1597.45.

1597.40.

(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. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.

Source: California H&S Code 1597.40View official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Mountain View treats licensed family daycare homes as residential uses under California Health and Safety Code sections 1597.40-1597.465, meaning small family daycares (up to 8 children) and large family daycares (up to 14 children) are allowed in all residential zones without a use permit. Providers must hold a state license from California Community Care Licensing Division. Local zoning cannot impose spacing, concentration, or special use permit requirements beyond those allowed by state law. The city may enforce standard building code, fire safety, and noise rules that apply to any residence. Signage advertising the daycare must comply with residential sign limits. Outdoor play areas are typically required by state licensing.

Frequently Asked Questions

Do I need a Mountain View permit to run a home daycare?
No local use permit is required. You need a state license from California Community Care Licensing and must comply with building, fire, and noise codes.
Can my HOA ban a family daycare?
No. California law protects licensed family daycares from HOA bans, though reasonable rules on parking and noise may apply.

Sources & Official References

Other rules in Mountain View

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