San Marcos, CA Home Business: Home Daycare (2026)
Key Facts
- Small family day care
- Up to 6 children, by right in residential zones
- Large family day care
- 7-12 children, needs Director's Permit
- Minimum lot for large day care
- 5,000 sq ft, 50-ft width
- Spacing from another large day care
- 300 feet minimum
- Governing section
- SMMC § 20.400.050
Summary
San Marcos allows a small family day care home of up to six children by right in every residential zone, but a large family day care serving 7 to 12 children needs a Director's Permit and must sit at least 300 feet from another large family day care under Municipal Code Section 20.400.050.
A.Small Family Care Home. A day care facility located in a single-family dwelling where a full-time resident provides care and supervision for six (6) or fewer children, plus two (2) additional children after school, as defined in Health and Safety Code Chapter 3.4. Children under the age of ten (10) years old who reside in the home count as children served by the day care facility. This use is permitted as a residential use in all Zones in which residential uses are permitted, as allowed by Health and Safety Code Section 1597.44 et seq.B.Large Family Care Home. A day care facility located in a residence and licensed by the State as a family child care home, where a full-time resident provides care and supervision that serves seven (7) to twelve (12) children, plus two (2) additional children after school...1.It is located on a lot a minimum of 5,000 square feet, with a lot width minimum of fifty (50) feet.4.The large family daycare home shall be located a minimum of three hundred (300) feet from any other large family daycare home.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).
Full Breakdown
78. 44. 340, an on-site loading area for pick-up and drop-off is required, and the facility must sit at least 300 feet from any other large family day care home (or, between 300 and 500 feet, the applicant must show the existing one is at full capacity). Any pool or spa on the site must be removed before the large day care opens unless the Director finds adequate secure separation exists. Separately, stand-alone Daycare Centers (infant centers, preschools, extended day care) are treated as a business use with their own outdoor play space, fencing, lighting, and pick-up/drop-off parking standards, and their own DP or use permit process under the applicable zone.
Violations & Fines
Operating a large family day care home without the required Director's Permit, without the minimum lot size, or closer than 300 feet to another large family day care without showing the nearby facility is at capacity, is a zoning violation subject to Director revocation of the permit under Section 20.400.050.E and the appeals process in Chapter 20.545. Failing to remove or secure a pool or spa before opening a large family day care can also block or revoke approval.
Frequently Asked Questions
Do I need a permit to run a small home day care in San Marcos?
What does a large family day care home need to open in San Marcos?
Can I have a pool if I run a large family day care?
Is a preschool or daycare center treated like a home day care?
Sources & Official References
Other rules in San Marcos
California rules heatmap·Compare San Marcos to another location·View the California home business overview
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How other cities in San Diego County handle home daycare.