San Benito County, CA Home Business: Home Daycare (2026)
Key Facts
- Small family home (8 or fewer)
- Permitted by right; exempt from county review (Sec. 25.08.009)
- Large family home (up to 14)
- Exempt from county review; admin permit in ag zones (Sec. 25.08.010)
- State law basis
- HSC 1597.44, 1597.45, 1597.46, 1597.465
- State license
- Required from CA Dept. of Social Services
- Residential zones
- P (permitted) in RR, R-1, RM
- Day care center
- Conditional use permit required (Sec. 25.08.008)
Summary
Unincorporated San Benito County allows small and large family child day care homes by right in its residential and agricultural zones and exempts them from county planning review, deferring to California's family day care preemption (Health & Safety Code 1597.44-1597.465). Larger day care centers, by contrast, require a conditional use permit.
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. Such facilities are exempt from county review and approval.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).
Full Breakdown
08 carries the state's family day care preemption directly into county zoning. 009 provides that 'All small family child day care homes shall comply with the applicable provisions of Cal. 010 likewise provides that large family child day care homes (up to 14 children) 'shall comply with the applicable provisions of Cal. ' 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. 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). 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.
Violations & Fines
A family day care home that complies with the state requirements is exempt from county zoning review, so enforcement focuses on operating without the required state license or operating a larger day care center without the conditional use permit and CDSS license required by Section 25.08.008.
Frequently Asked Questions
Can I run a daycare out of my home in unincorporated San Benito County?
What about a bigger day care center?
Sources & Official References
Other rules in San Benito County
California rules heatmap·Compare San Benito County to another location·View the California home business overview
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