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San Clemente, CA Home Business: Home Daycare (2026)

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

Key Facts

Zoning basis
State law, Gov. Code Section 1597.46
Outdoor play area
Follows CA Health & Safety Code standards
Noise mitigation
6-ft fence/wall may be required
Licensing
State child care license required
Location review
Chapters 17.32-17.48 use tables

Summary

San Clemente Municipal Code Section 17.28.100 lets family day care homes operate in residential surroundings as a home environment for children, while imposing lighting, noise, and outdoor-play conditions written to comply with state law under Government Code Section 1597.46. Every facility must carry a current State child care license.

A.Purpose and Intent. . ... .The purpose of this section is to ensure that child day care centers do not adversely impact the adjacent neighborhood, particularly when they are located in residential neighborhoods. While San Clemente residents need child day care centers in close proximity to residences and businesses, potential traffic, noise and safety impacts generated by these uses must be regulated. It is also the intent of this section to allow family day care homes in residential surroundings to give children a home environment that is conducive to healthy and safe development. This section is intended to comply with State law, Government Code § 1597.46. ... 4.Outdoor Play Area. The provisions of the California Health and Safety Code governing child day care facilities shall provide the basic requirements for an outdoor play area. Stationary play equipment shall not be located in a required setback area.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

100 opens by stating two purposes side by side: keeping child day care centers from harming the residential neighborhoods around them, and making sure family day care homes remain available in residential surroundings so children get a home environment conducive to healthy and safe development. 46, the state provision that treats a small family day care home as a residential use of property for zoning purposes. The minimum standards in Subsection C then apply to every day care use in every zone. Lighting must be stationary, directed away from adjacent properties and public rights-of-way, and kept at an intensity that fits a residential neighborhood, other than at passenger loading areas.

On noise, the decision-making body that issues the permit can require added abatement, such as a six-foot solid fence or wall along the side or rear property lines, or a front-yard fence or wall matching the neighborhood's materials, textures, colors, and design, with controlled points of entry for safety. Outdoor play areas fall back on the state's own rules: the provisions of the California Health and Safety Code governing child day care facilities supply the basic requirements for an outdoor play area, and stationary play equipment cannot sit inside a required setback. A passenger loading plan needs approval from the same decision-making body that issues the permit. 48.

Violations & Fines

The section does not set its own fine schedule. Operating a day care use out of compliance with its lighting, noise, outdoor-play, or licensing conditions is enforced as a zoning violation under the City's administrative citation procedure in Chapter 1.20, which generally allows at least 15 calendar days to correct the problem before a fine is issued, and losing the required State license separately ends the use's legal status.

Frequently Asked Questions

Can I run a family day care home in a San Clemente residential zone?
Yes. Section 17.28.100 is written to let family day care homes operate in residential surroundings, consistent with the state law cited in the section, Government Code Section 1597.46, which treats a small family day care home as a residential use rather than a business use for zoning purposes.
Do I need a special lighting plan for a home day care?
Yes. Section 17.28.100(C)(1) requires lighting to be stationary, directed away from adjacent properties and public rights-of-way, and at an intensity compatible with the residential neighborhood, except at passenger loading areas.
What outdoor play area do I need for a licensed day care?
The city defers to the state on this. Section 17.28.100(C)(4) says the California Health and Safety Code's provisions governing child day care facilities supply the basic outdoor play area requirements, and any stationary play equipment must stay out of the property's required setback area.

Sources & Official References

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