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Newport Beach, CA Home Business: Home Daycare (2026)

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

Key Facts

Small day care
By right, 6 adults / 8 children max
Large day care
Minor Use Permit, 7-14 adults or 9-14 children
Separation
500 ft between large day care homes
Drop-off parking
2 dedicated off-street spaces (large homes)
Hours (large)
Max 14 hrs/day, 6 a.m.-8 p.m.
Outdoor activity hours
7 a.m. to 7 p.m. only
License
CA Dept. of Social Services required

Summary

Newport Beach allows small family day care homes (six or fewer adults, eight or fewer children) by right in every residential zone, while large homes (seven to fourteen adults, nine to fourteen children) need a Minor Use Permit. Municipal Code Section 20.48.070 sets a 500-foot separation between large day care homes and caps their hours to protect neighbors from noise.

A. Licensing. The operator of a small or large adult or child day care home shall obtain a license from the California Department of Social Services. B. Care Provider Occupancy. The single-family dwelling in which each small and large adult or child day care home is located shall be the principal residence of the care provider, and the use shall be clearly residential in character, and shall be accessory to the use of the property as a residence. ... D. Standards for Large Adult and Child Day Care Homes. ... 1. Separation Requirement. A large adult or child day care home within a residential zoning district shall not be located within five hundred (500) feet of another day care home. 2. Drop-Off/Pick-Up Area. A minimum of two off-street parking spaces as a drop-off and pick-up area shall be provided, in addition to the spaces required for the dwelling unit. 3. Noise. ... a day care home within a residential zoning district shall only operate a maximum of fourteen (14) hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and shall only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.

Full Breakdown

070 (Day Care Facilities, Adult and Child) divides home-based day care into small and large categories with different zoning treatment. A small adult day care home (six or fewer clients) or small child day care home (eight or fewer children) is treated as a residential use under subsection (C) and is permitted by right (Table 2-1 lists it as "P") in the R-A, R-1, R-BI, R-2, RM, and RMD residential zoning districts, with no discretionary permit required. Every operator, regardless of size, must hold a license from the California Department of Social Services under subsection (A), and the home must remain the care provider's principal residence under subsection (B), keeping the use clearly accessory to the residential character of the property.

Large adult day care homes (seven to fourteen adults) and large child day care homes (nine to fourteen children) step up to a Minor Use Permit under Table 2-1 and must also meet subsection (D)'s additional standards: a large home cannot sit within 500 feet of another day care home in a residential zone, and the operator must provide a minimum of two off-street parking spaces as a dedicated drop-off/pick-up area, beyond parking required for the dwelling itself, subject to Traffic Engineer approval of any driveway used for that purpose. m.

Violations & Fines

Operating a large family day care home without the required Minor Use Permit, locating one within 500 feet of another day care home, running outdoor activities outside the 7:00 a.m. to 7:00 p.m. window, or exceeding the 14-hour daily operating cap are zoning violations enforceable under Chapter 20.68 (Enforcement). Complaints are typically field-checked by Community Development Department code enforcement staff, and the state license itself can be jeopardized if the underlying zoning use is found unlawful.

Frequently Asked Questions

Do I need a permit to run a small home day care in Newport Beach?
No. Section 20.48.070(C) treats a small adult day care (six or fewer) or small child day care home (eight or fewer) as a residential use, and Table 2-1 lists it as permitted by right in every residential zoning district, so no discretionary use permit is required beyond the state license.
How close can two large family day care homes be to each other?
They must be at least 500 feet apart. Section 20.48.070(D)(1) bars a large adult or child day care home in a residential zoning district from locating within 500 feet of another day care home, a separation meant to prevent clustering of higher-capacity facilities in one neighborhood.
What hours can a Newport Beach home day care operate?
A large family day care home is capped at 14 hours a day and must operate only between 6:00 a.m. and 8:00 p.m. under Section 20.48.070(D)(3), with outdoor activities further restricted to between 7:00 a.m. and 7:00 p.m. to limit noise reaching neighboring residences.

Sources & Official References

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