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Madera, CA Home Business: Home Daycare (2026)

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

Key Facts

Permit required
use permit under § 10-3.1312, defined by Health & Safety Code § 1596.78(b)
Operator residency
must be the operator's legal principal residence
Parking
1 off-street space per non-resident employee
Spacing from another day care home
minimum 300 ft
Spacing from a day care facility/school
minimum 500 ft
Signage
no signs visible from the right-of-way
State license
also required from CA Dept. of Social Services

Summary

Operating a large family day care home in a Madera single-family zone requires a use permit under Municipal Code § 10-3.1312, with standards covering operator residency, parking, signage, and a 300-foot spacing rule between day care homes.

§ 10-3.1312 USE PERMIT - LARGE FAMILY DAY CARE HOMES. (A)( ... 1) Applications for large family day care homes shall be processed in accordance with the provisions of this section. For the purposes of this section, LARGE FAMILY DAY CARE HOME(S) shall mean a day care home which provides care consistent with Cal. Health and Safety Code § 1596.78(b). ... (B) Large family day care standards. The Planning Director or Planning Commission shall grant an application for a use permit to operate a large family day care home if it finds that all of the following standards have been met, and shall require that such standards be met at all times and maintained throughout the use of the permit by the proposed operator: ... (9) There shall be a minimum distance of 300 feet between the parcel on which the large family day care home is located and the nearest parcel containing a licensed large family day care home. (10) No more than one large family day care home shall be permitted within a 500 foot radius of any child day care facility or elementary school.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2024 S-50: Current through Ordinance 1010 C.S., passed 6-5-24).

Full Breakdown

1312 governs large family day care homes, defined by reference to Cal. 78(b), operating in Madera's single-family residential zones. No one may operate one without first obtaining a use permit that meets the standards in division (B). The application goes to the Planning Department with a fee set under the Madera Planning Processing Fee Schedule, and the Planning Director must mail notice to owners within 100 feet of the site at least 10 days before deciding. If no hearing is requested, the Planning Director decides the application directly; if a hearing is requested, it goes to the Planning Commission, and either decision can be appealed up to the City Council.

To qualify, the operator must live in the home as their legal principal residence and the day care use must remain clearly incidental to the residential use. The home cannot be structurally altered in a way that changes the neighborhood's residential character. One off-street parking space is required for each non-resident employee, on top of the home's normal parking requirement, and the operator must submit a safe loading and unloading plan for children, with the driveway used instead of the street if on-street parking is insufficient.

No sign or other indicia identifying the home as a day care may be visible from the right-of-way. Spacing standards keep day cares from clustering: a minimum 300 feet must separate the parcel from the nearest other licensed large family day care home, and no more than one large family day care may operate within 500 feet of a child day care facility or elementary school. The operator must also hold a state license from the Department of Social Services, comply with Fire Department and Building Official health and safety rules, bar smoking in the home while children are present, and keep noise within the General Plan's noise element for single-family areas.

Violations & Fines

Operating a large family day care home without the required use permit, or outside the § 10-3.1312(B) standards, is enforced as a zoning violation: § 10-3.1602 bars issuance of a conflicting permit or license, and § 10-3.1603 makes violating the zoning chapter a misdemeanor and a declared public nuisance subject to abatement.

Frequently Asked Questions

Do I need a permit to run a large family day care in my Madera home?
Yes. Section 10-3.1312(A)(9) bars operating a large family day care home in any single-family residential zone without first obtaining a use permit that meets the standards spelled out in division (B) of the same section.
How far must two large family day care homes be from each other in Madera?
At least 300 feet must separate the parcel where one large family day care home operates from the nearest parcel containing another licensed large family day care home, under § 10-3.1312(B)(9).
Can I put up a sign advertising my home day care?
No. Section 10-3.1312(B)(8) prohibits any sign or other indicia identifying the residence as a large family day care home, and bars any such indicia from being visible from the public right-of-way.
Who approves the use permit for a Madera home day care?
The Planning Director decides if no hearing is requested. If the applicant or an affected person requests a hearing, the Planning Commission decides instead, and either decision can be appealed up to the City Council under § 10-3.1312(A).

Sources & Official References

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