San Benito County, CA Home Business: Home Daycare (2026)

San Benito County Code Chapter 25.08 carries the state's family day care preemption directly into county zoning. Section 25.08.009 provides that 'All small family child day care homes shall comply with the applicable provisions of Cal. Health and Safety Code Division 2, Chapter 3.6, Sections 1597.44 and 1597.45,' and that 'Such facilities are exempt from county review and approval.' Section 25.08.010 likewise provides that large family child day care homes (up to 14 children) 'shall comply with the applicable provisions of Cal. Health and Safety Code Division 2, Chapter 3.6, Sections 1597.45 and 1597.46,' and are also 'exempt from county review and approval.' The county use tables confirm this treatment: in the residential RR, R-1, and RM zones, 'Day care, small and large family' is a Permitted (P) use that 'Must be operated in accordance with Cal. Health and Safety Code, Div. 2, Chapter 3.6, Sections 1597.44, 1597.45, 1597.46, and 1597.465' (Section 25.03.004). In the agricultural AR, AP, R, and RT zones, small family day care is Permitted (P) and large family day care requires only an Administrative use permit (A). A full day care CENTER is a different category - it requires a conditional use permit (C) and is regulated under Section 25.08.008, which requires a California Department of Social Services license, compliance with HSC 1597.46(a)(3), fences or walls with controlled entry, and a safe drop-off/pick-up area. Operators of family day care homes must still obtain a state license from the California Department of Social Services.