Small family day care homes (eight or fewer children) are permitted by right in Merced County's residential zones, consistent with California law. Large family day care homes (nine to 14 children) are allowed with Director approval (Administrative Permit) under Zoning Code Section 18.60.150, subject to outdoor-space, setback, and fire-safety standards.
Merced County's Zoning Code (Section 18.60.150, Large and Small Family Child Care Facilities) regulates home day care consistent with State law. A small family day care home is a facility in a single-family residence where an occupant provides care for eight or fewer children under Health & Safety Code Section 1597.44; a large family day care home serves nine to 14 children under HSC 1597.465. Children under age 10 who reside in the home count toward those limits. In the residential use table (Table 2-3), Family Childcare Facilities, Small are Permitted (P) by right in all residential zones, while Family Childcare Facilities, Large require an Administrative Permit (A). Large family day care homes are allowed subject to the Director's approval, provided the home is the principal residence of the provider and the use is incidental to the residence, complies with the zone's yard, height, setback, and coverage standards, provides at least 75 square feet of outdoor activity space per ambulatory child, locates outdoor play equipment at least five feet from property lines, and, in urban residential areas, provides a minimum six-foot-high solid wall or barrier around outdoor play areas. A large home must generally be located at least 800 feet from any other large family day care home or day care center (the Director may allow closer with findings), and must comply with the fire and life-safety standards of HSC 1597.46(d). Day care centers (not operated as family day care homes) require an Administrative Permit.
Operating a large family day care home without the required Administrative Permit, exceeding the licensed child count, or failing the outdoor-space, separation, or fire-safety standards can result in zoning enforcement; all home day cares also require State licensing through the California Department of Social Services.
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