Los Banos, CA Home Business: Home Daycare (2026)
Key Facts
- Small family day care
- 8 or fewer children, by right, no permit
- Large family day care
- 7-14 children, by right, no permit
- Permit required
- None; state Child Day Care Act license only
- Zones allowed
- R-1, R-2, R-3, M-X residential zones
- Over 14 children
- Requires day care center CUP under § 9-3.3704
Summary
Los Banos allows small family day care homes (up to eight children) and large family day care homes (seven to fourteen children) as a matter of right in every residential zone under Municipal Code §§ 9-3.3702 and 9-3.3703. State licensing under the Child Day Care Act is required, but the City does not require a business license or a zoning permit for either size operation.
§ 9-3.3702. Small family day care home. ... (a) Small family day care homes as defined in Section 9-3.201 shall be a permitted use in all residential zones (R-1, R-2, R-3, M-X) ... pursuant to Section 1597.45 of the Health and Safety Code, small family day care homes which are properly licensed pursuant to the provision of the Child Day Care Act shall be considered a residential use of property and shall be allowed as a matter of right in all residential zones. ... (c) Proper state licensing shall be obtained prior to operation of a small family day care home. A small family day care home shall not require a business license or zoning permit. § ... 9-3.3703. ... Large family day care home. (a) Large family day care homes as defined in Section 9-3.201 shall be a permitted use in all residential zones (R-1, R-2, R-3, M-X) ... shall be allowed as a matter of right in all residential zones. ... (c) Proper state licensing shall be obtained prior to operation of a large family day care home. A large family day care home shall not require a business license or zoning permit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4356507; v3 updated 2025-03-05).
Full Breakdown
Los Banos treats family child care in a private home as housing, not a business use, which is why neither size requires a permit here. 465. 45 makes a properly licensed family day care home a residential use, the City lets both sizes operate as a matter of right in the R-1, R-2, R-3 and M-X residential zones, provided the home meets the development standards that already apply to structures in that zone. A day care home is also allowed as a matter of right in a detached single-family dwelling, townhouse, or dwelling unit inside a nonresidential zone, so long as it qualifies as a legal nonconforming residential use there.
Before opening, the operator must hold the State license issued under the Child Day Care Act; once licensed, Los Banos does not layer on a business license or a separate zoning permit for either the small or the large category. 3704 instead, which carries its own building and fencing standards.
Violations & Fines
Neither day care home type needs a City permit, so there is no permit-revocation process to violate; the exposure is State licensing enforcement, and running an unlicensed operation removes the residential-use protection under §§ 9-3.3702(a) and 9-3.3703(a), leaving it treated as an unpermitted use subject to the City's standard zoning enforcement remedies. Exceeding fourteen children without the § 9-3.3704 conditional use permit is a separate zoning violation.
Frequently Asked Questions
Do I need a permit to run a home day care in Los Banos?
What is the difference between a small and large family day care home?
Can I run a day care home in a commercial zone?
What happens if I care for more than fourteen children?
Sources & Official References
Other rules in Los Banos
California rules heatmap·Compare Los Banos to another location·View the California home business overview
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