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Davis, CA Home Business: Home Daycare (2026)

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

Key Facts

Small family day care
Up to 6 children, no permit
Large family day care
9-12 children, no permit
Indoor space (large/group/center)
35 sq ft per child
Outdoor space (large/group/center)
75 sq ft per child
Nursery/day care center
Conditional use permit required

Summary

Under Municipal Code Section 40.26.270, Davis treats a small family day care home as a residential use that needs no conditional use permit, matching state law's protection for in-home child care. Larger group day care homes, nurseries, and day care centers face separate space and fencing standards and, for nurseries and centers, a required conditional use permit.

Family and Group Day Care Homes. ... Licensed by the county social welfare department, have no age restrictions, and serve as the residences of the licensees. Small family daycare homes serve a maximum of six children, or up to eight children if the criteria in Health and Safety Code Section 1597.44 are met, while large family day care homes serve from nine to twelve children, or up to fourteen children if the criteria in Health and Safety Code Section 1597.465 are met. ... A family or group day care home shall be considered a residential use of property for the purposes of this chapter. No conditional use permit or other zoning clearance shall be required for such a home which is not required of a single-family residence in the same zone. ... Large family day care homes, group day care homes, nursery schools, and day care centers shall have a minimum of: (A) Thirty-five square feet of unencumbered indoor space per child; (B) An adequate fence between adjoining properties; and (C) Seventy-five square feet of unencumbered outdoor space per child.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).

Full Breakdown

270 sets out how the city classifies and regulates in-home and standalone child care. 44), counting all resident children under age ten. The section makes clear that a family or group day care home 'shall be considered a residential use of property' and that 'no conditional use permit or other zoning clearance shall be required' for one, beyond what an ordinary single-family residence would need, a direct application of the state policy that in-home child care is not a zoning matter. 465), and group day care homes, nursery schools, and day care centers must meet added physical standards under subsection (b): thirty-five square feet of unencumbered indoor space per child, an adequate fence between adjoining properties, and seventy-five square feet of unencumbered outdoor space per child.

Unlike the small and large family day care home categories, nursery schools and day care centers, which serve groups larger than twelve children with no age restriction, must obtain a conditional use permit before operating. All categories remain subject to state licensing through the county or state department of social welfare and to the California Health and Safety Code, the California Administrative Code, and the Uniform Building Code.

Violations & Fines

A day care operator who exceeds the licensed capacity for their category, or a nursery school or day care center that opens without the required conditional use permit, is subject to the city's zoning enforcement process, and an unpermitted center can be ordered to obtain approval or cease operation.

Frequently Asked Questions

Do I need a permit from the city to run a small family day care home in Davis?
No. Section 40.26.270 treats a licensed small family day care home, up to six children, as a residential use, and states no conditional use permit or other zoning clearance is required beyond what a single-family home already needs. You still need your county day care license.
How much outdoor space do I need for a large family day care home?
Large family day care homes, group day care homes, nursery schools, and day care centers must provide at least seventy-five square feet of unencumbered outdoor space per child under Section 40.26.270(b)(1), along with thirty-five square feet of indoor space per child and an adequate fence between adjoining properties.
Does opening a stand-alone day care center in Davis require city approval beyond a state license?
Yes. Section 40.26.270(b)(3) requires nursery schools and day care centers, which serve more than twelve children, to obtain a conditional use permit from the city in addition to state licensing, unlike small and large family day care homes operated inside a residence.

Sources & Official References

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