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Lodi, 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 8 children, no permit
Large family day care
9-14 children, needs minor use permit
Separation requirement
300 feet between large day care homes
Pool/spa rule
Must be removed before large day care starts
Governing law
Development Code § 17.36.030

Summary

Lodi allows small family day care of up to eight children by right in any residential zone, but a large family day care home of nine to fourteen children needs a minor use permit and must sit at least 300 feet from any other large day care home, per Development Code Section 17.36.030.

17.36.030 - Child day care facilities. ... A.Small family day care homes (eight or fewer children). Allowed within a single-family residence located in a residential zoning district.B.Large family day care homes (nine to fourteen children). Allowed within a single-family residence located in a residential zoning district subject to a minor use permit. ... 2.Location Requirements. A separation of three hundred feet shall be required from any other large family day care home.3.Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area. ... 7.Swimming Pools/Spas Prohibited. No swimming pool/spa shall be installed on the site after establishment of the family day care center, due to the high risk and human safety considerations.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 68).

Full Breakdown

030 splits home-based child care into two tiers with very different approval paths. A small family day care home serving eight or fewer children is allowed outright within a single-family residence in a residential zoning district, no permit beyond state licensing required. A large family day care home serving nine to fourteen children needs a minor use permit, and the city's review turns on a defined set of standards rather than open discretion: the facility must comply with applicable state and fire codes, sit at least three hundred feet from any other large family day care home so the neighborhood is not saturated with them, and be enclosed by a six-foot fence or wall along the property lines or around the outdoor play area, except in the front yard or a traffic visibility area.

Noise from the facility cannot exceed the limits set in the city's general plan, and any exterior lighting must be low-wattage, shielded, and aimed downward for safety only. The section adds an unusual safety rule: no swimming pool or spa may be installed after a large family day care is established, and an existing pool or spa on the site must be removed before the use begins unless the director finds there is already adequate, secure separation between the pool and the areas the children use.

Child day care centers serving fifteen or more children are a separate, larger-scale category requiring full use permit approval, a minimum ten-thousand-square-foot parcel, and a safe on-site pick-up and drop-off zone. All facilities, regardless of size, must also be licensed by the California Department of Social Services.

Violations & Fines

Operating a large family day care home without the required minor use permit, or without maintaining the 300-foot separation, fencing, or pool-removal conditions attached to that permit, is a zoning violation the director can pursue as a code enforcement matter under Chapter 17.76, potentially resulting in permit revocation. State law separately requires Department of Social Services licensing for any size of facility, and operating unlicensed is a distinct violation the state, not the city, enforces.

Frequently Asked Questions

Do I need a permit to run a small home day care in Lodi?
No zoning permit is required for a small family day care home serving eight or fewer children in a single-family residence in a residential zone under Section 17.36.030(A), though state licensing through the California Department of Social Services is still required for any size of facility.
How close can two large family day care homes be in Lodi?
They must be at least three hundred feet apart. Section 17.36.030(B)(2) requires that separation between any two large family day care homes, which serve nine to fourteen children, as a condition of the minor use permit needed to operate one.
Can I have a pool if I run a large day care home?
Not after the facility is established. Section 17.36.030(B)(7) prohibits installing a swimming pool or spa once a large family day care center is running, and requires removal of any existing pool or spa before the use begins, unless the director finds adequate secure separation already exists between the pool and the children's areas.

Sources & Official References

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