Mariposa County, CA Home Business: Home Daycare (2026)

Because all of Mariposa County is unincorporated, state law controls how family day care homes are zoned. California Health & Safety Code Section 1597.45, as amended by SB 234 (the Keeping Kids Close to Home Act, effective January 1, 2020), provides that the use of a home as a small OR large family day care home 'shall be considered a residential use of property and a use by right.' This means the County may not require a conditional use permit, zoning clearance, or other discretionary permit to operate a large family day care home (7-14 children) that it would not require of any other residence in the same zone. Family day care homes are licensed by the California Department of Social Services, not the County. The County's older zoning provisions (Title 17, Chapter 17.108) historically addressed day care, including a standard that outdoor play areas be enclosed with fencing a minimum of 4 feet high (solid and a minimum of 6 feet on any property line abutting a residential use on an adjoining lot) and that an off-street drop-off area accommodate at least 2 cars; to the extent those provisions required a discretionary permit for a large family day care home, they are preempted by HSC 1597.45/1597.465. Local rules may still apply only to the same extent they apply to all residences in the zone, plus state fire/life-safety standards adopted by the State Fire Marshal. Confirm current requirements with the Planning Department (209-966-5151) and state licensing.