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Merced, CA Home Business: Home Daycare (2026)

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

Key Facts

Small home day care
1-8 children, Permitted (P) all zones
Large home day care
9-14 children, Permitted (P) all zones
Permit required
None for the home day care use
Day Care Center threshold
Needs Minor Use Permit, R-3/R-4/R-MH only
Governing table
Table 20.08-1, Sec. 20.08.020

Summary

Family day care homes for up to 14 children are a permitted use by right in every one of Merced's residential zoning districts. City code lists both small (1-8 children) and large (9-14 children) home day care facilities as flatly permitted in R-R, R-1, R-2, R-3, R-4 and R-MH zones, no minor, conditional or site plan review permit required.

P Permitted Use R-R R-1 R-2 R-3 R-4 R-MH ... Day Care Home Facilities, Small (1-8 children) P P P P P P Day Care Home Facilities, Large (9-14 children) P P P P P P

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 85 - 1-26).

Full Breakdown

Merced's zoning code treats licensed family day care as an outright residential use, not a special exception. 08-1 in the Land Use Regulations for Residential Zoning Districts (Sec. 020) lists 'Day Care Home Facilities, Small (1-8 children)' and 'Day Care Home Facilities, Large (9-14 children)' with a 'P' designation, meaning Permitted Use, across all six residential zoning districts: Rural Residential (R-R), Low Density Residential (R-1), Low Medium Density Residential (R-2), Medium Density Residential (R-3), High Density Residential (R-4) and Mobile Home Park (R-MH). No minor use permit, site plan review, or conditional use permit is triggered by operating a home day care of up to 14 children.

That contrasts with other child-care formats in the same table: stand-alone 'Day Care Centers' require a Minor Use Permit in R-3, R-4 and R-MH and are Not Allowed (X) in R-R, R-1 and R-2, while 'Day Care, Adult' for 1-12 persons requires a Conditional Use Permit in R-2, R-3 and R-4 and is barred outright in R-R, R-1 and R-MH. 14-1 (Sec. 020) lists both small and large Day Care Home Facilities as Permitted (P) in the Downtown Core, Downtown Office and Downtown Commercial districts, while a stand-alone Day Care Center in those same zones needs a Minor Use Permit.

Violations & Fines

Because family day care homes are a permitted use, the zoning code sets no permit-revocation process for the home day care itself. Exceeding 14 children converts the operation into a Day Care Center, which needs a Minor Use Permit in R-3, R-4 and R-MH zones and is barred outright in R-R, R-1 and R-2; operating without it triggers the citywide code enforcement process: a correction notice with at least a 10-day cure period under Sec. 1.10.030, followed by an administrative citation and a fine set by council resolution under Sec. 1.10.050 if uncorrected.

Frequently Asked Questions

Do I need a permit to run a home day care in Merced?
No. Merced's Table 20.08-1 lists both small (1-8 children) and large (9-14 children) family day care homes as a Permitted Use, marked 'P', in every residential zoning district: R-R, R-1, R-2, R-3, R-4 and R-MH. No minor use permit, conditional use permit, or site plan review is required to operate one in your home.
Can I run a home day care in a downtown Merced apartment?
Yes. Table 20.14-1 in Sec. 20.14.020 lists both small and large Day Care Home Facilities as Permitted (P) in the Downtown Core, Downtown Office and Downtown Commercial zoning districts, the same by-right status they hold in residential zones, with no discretionary review required.
What's the difference between a home day care and a Day Care Center under Merced zoning?
A home day care operates inside a residence for up to 14 children and is permitted outright. A stand-alone Day Care Center is a separate use classification that needs a Minor Use Permit in R-3, R-4 and R-MH zones and is not allowed at all in R-R, R-1 or R-2 zones.

Sources & Official References

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