Modesto, CA Home Business: Home Daycare (2026)

Modesto Municipal Code Section 10-3.204(a) permits day care homes in the residential zones on three tiers. A small family day care home, defined by reference to California Health and Safety Code Section 1596.78(c) and Section 1597.45, is permitted with "only one (1) day care business...permitted per lot." A large family day care home, defined by Health and Safety Code Section 1596.78(b) and Section 1597.46, is also permitted, but is "subject to development plan review," which the Code limits to "a determination that required parking has been provided and that the site plan will preclude undue noise impacts on neighboring properties and provide for appropriate pick-up and drop-off not impacting the traffic level of service or safety characteristics of the streets in the vicinity." Table 3.1-1 labels these two tiers "Day Care Home - Small Family (6 or fewer children)" and "Day Care Home - Large Family (7-14 children)," both marked permitted ("P") in R-1, R-2 and R-3 and not permitted in any other zone.

Once a home-based operation reaches fifteen or more children, Table 3.1-1 reclassifies it as "Child Day Care Home (15 or more children)," marked conditional ("C") in the same three residential zones, and Section 10-3.204(a)(3) caps that tier too: "Only one (1) conditional use permit for child day care is permitted per lot." A conditional use permit application for this tier goes through the same Board review used for other conditional uses citywide, rather than the lighter development plan review used for the large-family tier.