Can I run a business from home in Del Mar, California?
Yes, but only a very low-impact one. Del Mar allows home occupations in residential zones if the business is run entirely inside the house by a resident family member, with no employees, signs, displays, stock, deliveries or customer traffic.
| Allowed in residential zones | Yes, as an accessory use [1] |
| Where | Entirely within the main building [2] |
| Who | A member of the resident family [2] |
| Employees | None outside the resident family [2] |
| Signs or display | Not allowed [2] |
| Customer/delivery traffic | Not allowed [2] |
| Commercial vehicles / equipment | No commercial vehicle; only household-type equipment [3] |
| Licensed family child care home | Allowed in an occupied home [4] |
What's allowed
A home occupation is listed as an allowed accessory use in the R1-10 single-family zone [1], and the other single-family zones have parallel sections. Del Mar's definition is strict. The business must be run entirely within the main building by a member of the family living there, as an incidental use of the home [2]. Under the definition:
- no sign and no display
- no stock in trade stored, rented or sold on the premises
- no employees other than resident family members
- no deliveries or other pedestrian or vehicle traffic generated by the business
Equipment and vehicles
Only equipment customarily found in a home may be used or kept, and no commercial vehicle may be used or kept on the property for the business [3]. Because the work must happen inside the main building, a detached garage, studio or accessory building doesn't qualify under the definition.
What typically fits
Desk work, remote jobs, consulting by phone or video, writing, design and similar activities with no client visits generally fit. Businesses with walk-in customers, staff or regular deliveries don't. The code doesn't say whether a home occupation permit or business license is required. Ask the city before you start.
Child care and state-protected uses
A licensed family child care home in an occupied house is a separate allowed use [4]. State law treats small and large family daycare homes as residential uses by right. State law (Gov. Code §51035) also requires cities to allow cottage food operations, which may have one full-time-equivalent employee and direct sales. Del Mar's no-employee, no-sales and no-traffic home-occupation definition may be overridden by state law for those businesses.
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Next steps
- Confirm your business can run entirely inside your house with no employees, customers, deliveries, signs or stored inventory.
- Ask the Planning & Community Development Department (858-375-9516) whether a home occupation permit or business license is required.
- For a cottage food operation, register (Class A) or get a permit (Class B) from San Diego County Environmental Health; for family child care, get a state license.
Common questions
- Can I run a business from home in Del Mar, California?
- Yes, but only a very low-impact one. Home occupations are allowed in residential zones as an accessory use, run entirely inside the house by a resident family member.
- Can I have employees or customers at a home business in Del Mar, California?
- No. No employees, signs, displays, stock, deliveries or customer traffic are allowed.
- Can I run a family child care home in Del Mar, California?
- Yes. A licensed family child care home is allowed in an occupied home.
California state protections for home-based businesses
California has no general statewide home-occupation law. Cities and counties set the rules on employees, signs, customer visits and parking. State law protects a few specific home businesses:
Family child care homes (Health & Safety Code §1597.45):
- A licensed small (up to 8 children) or large (7 to 14 children) family daycare home is a residential use by right under all local ordinances, including zoning. A city can't require a use permit.
- Cities can't charge a business license, fee or tax for operating one, and it isn't a change of occupancy under building codes.
- Local rules may apply only if they are identical to those for other homes in the same zone, whether the home is rented or owned.
Cottage food operations (Gov. Code §51035; AB 1616, effective 2013):
- Cities and counties can't prohibit home cottage food operations. They must allow them as a permitted use or through a permit limited to reasonable spacing, traffic, parking and noise standards.
- A cottage food operation has no more than one full-time-equivalent employee besides family or household members. Class A (direct sales only) is capped at $75,000 a year and Class B at $150,000, adjusted for inflation (H&S Code §113758).
- You must register (Class A) or get a permit (Class B) from the county environmental health agency.
Home kitchens selling meals (microenterprise home kitchen operations): allowed only where the city or county has authorized them, with a permit and a limit of 30 meals a day and 90 a week (§113825).
What the ordinance says
- Sec. 30.12.040(H), Municipal Code Chapter 30.12 - Low Density Residential (R1-10), p. 1
Home occupation as authorized by this Code.
- Sec. 30.04.080(C), "Home Occupation", Municipal Code Chapter 30.04 - Definitions, p. 1
means an occupation or business conducted entirely within the main building by a member of a family residing therein, conducted as an incidental use to the primary residential use thereof, and in which there is no sign used; no display; no stock in trade or commodity stored, rented or sold upon the premises; no person employed other than the member of the resident family; no deliveries made or other pedestrian or vehicular traffic generated;
- Sec. 30.04.080(C), "Home Occupation", Municipal Code Chapter 30.04 - Definitions, p. 1
no mechanical equipment used or kept on the premises except those customarily found in the home; no commercial vehicle used or kept on the premises in connection with such home occupation or business.
- Sec. 30.12.040(I), Municipal Code Chapter 30.12 - Low Density Residential (R1-10), p. 1
A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.