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

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

Key Facts

Large home max
12, or 13-14 children
Small home max
6, or 7-8 children
Zoning status
limited use, no CUP needed
License required
valid state child care license
Governing section
SDMC § 141.0606(b)

Summary

San Diego treats small and large family child care homes as a limited zoning use under SDMC §141.0606, capping capacity at up to 8 or 14 children depending on license type and requiring state licensing compliance.

Large and small family child care homes are a limited use in the zones indicated with an "L" in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations. A large family child care home may provide care for up to 12 children (no more than 4 of whom may be infants), or for up to 14 children as stated in Section 141.0606(b)(1)(B).

Source: San Diego Municipal CodeView official code

Full Breakdown

San Diego Municipal Code Section 141.0606(b) makes large and small family child care homes a limited use in zones marked "L" in the Chapter 13 Use Regulations Tables, so no conditional use permit is required. A large home may care for up to 12 children (max 4 infants), or 13-14 children under Health and Safety Code Section 1597.465; a small home caps at 6, or 7-8 children under Health and Safety Code Section 1597.44. Providers must hold a valid state license, and large-home providers must also meet State Fire Marshal standards.

Violations & Fines

Operating a family child care home without a valid state license, or exceeding the licensed child capacity, is not a permitted use under Section 141.0606 and can trigger city code enforcement action.

Frequently Asked Questions

Do I need a city permit to run a home daycare in San Diego?
No conditional use permit is required. Family child care homes are a limited by-right use in zones marked "L" under SDMC §141.0606(b), as long as you hold a valid state license.
How many kids can a large family child care home serve in San Diego?
Up to 12 children, including no more than 4 infants, or 13-14 children if licensed under California Health and Safety Code §1597.465, per SDMC §141.0606(b)(1).

Sources & Official References

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