Tulare's Home Business: The Rules That Matter

Every city handles home business a little differently. In Tulare, California, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Cottage Food Operations

Tulare cannot prohibit cottage food operations in residential dwellings. California's Homemade Food Act (AB 1616, codified at Cal. Health & Safety Code § 113758) requires every city and county to treat cottage food operations as a permitted residential use. Tulare residents can produce non-potentially hazardous foods at home for sale within state-set sales caps after registering or being permitted by the Tulare County environmental health department.

Key details: Statute: Cal. Health & Safety Code § 113758 (AB 1616). Class A sales cap: $75,000 gross annual. Class B sales cap: $150,000 gross annual. Non-household employees: Maximum of 1 full-time equivalent. Local preemption: Cities cannot prohibit cottage food in residential dwellings.

Selling non-approved (potentially hazardous) food categories, exceeding gross sales caps, employing more than one non-household FTE, or selling without registering with Tulare County Environmental Health is a violation of state law and can result in cease-and-desist orders. Tulare cannot, however, impose stricter zoning prohibitions than the state framework allows.

If you are coming from a city with tighter rules, you will find Tulare gives residents more flexibility on cottage food operations.

Signage Rules

Home occupations in Tulare must stay invisible from the street. Under Chapter 10.124 standards and the residential-character requirement, on-premise advertising signs identifying a home-based business are not permitted on dwellings or yards in R-A, R-1, R-2 or R-3 zones. The only outward indicator allowed is the address numbers required by the Tulare Building/Fire code.

Key details: Permitted on-site advertising sign: None — home occupations must not change residential character. Code basis: Tulare Code Ch. 10.124 (Home Occupation Permits). Window/illuminated signs: Not allowed in residential zones for home businesses. Address numbers: Required by Building/Fire code — not considered a business sign. Sign permit authority: City of Tulare Planning Department.

Posting a business sign on a home or in the yard without authorization is a code-enforcement violation that can lead to a stop-work / cease-use notice for the home occupation, revocation of the Home Occupation Permit, and administrative fines. Repeated violations can result in the Business Tax Certificate being suspended or denied at renewal.

This is one of the stricter rules in Tulare's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Customer Traffic Restrictions

Tulare's home occupation rules (Municipal Code Ch. 10.124) require the business to stay clearly incidental to residential use. That means employees on-site are limited to the residents of the home, customer and client visits to the dwelling must be minimal, and the business cannot generate traffic or parking demand greater than what is normal for a residence in the neighborhood.

Key details: Non-resident employees: Not allowed — operator must be a resident of the home. Customer visits: Limited; cannot exceed normal residential traffic. Deliveries: Residential-scale only; no commercial freight. Code basis: Tulare Municipal Code Ch. 10.124. Daycare exception: Cal. HSC § 1597.45 preempts local traffic limits for family daycare homes.

Operating with non-resident employees, regular customer foot traffic that disturbs neighbors, or commercial-scale deliveries is grounds for revocation of the Home Occupation Permit under Ch. 10.124, an administrative citation, and denial of the Business Tax Certificate renewal. Neighbors can report through Tulare's Code Enforcement Division.

Zoning Restrictions

Tulare allows home-based businesses in residential zones (R-A, R-1, R-2, R-3) only after the City Planning Department issues a Home Occupation Permit under Tulare Municipal Code Chapter 10.124. A separate Business Tax Certificate (business license) is also required under Title 5 of the Municipal Code before any trade, profession, or occupation may be conducted within city limits.

Key details: Governing chapter: Tulare Code Chapter 10.124 (Home Occupation Permits). Permitted in R-A zone: Yes, subject to Ch. 10.124 (Code § 10.28.020). Business license also required: Yes, Business Tax Certificate under Title 5. Issuing department: Community Development / Planning, City Hall, 411 E. Kern Ave.. Inspection days: Tuesdays and Thursdays, 1:30 p.m. (Building + Fire).

Operating a home business without a Home Occupation Permit and/or Business Tax Certificate is a Municipal Code violation enforceable through code-enforcement citations and administrative fines, and the city can revoke a permit if the use violates Chapter 10.124 standards. Expanding the business so it stops being clearly secondary to the residence (e.g., adding outside storage, employees who are not residents, or visible signage) is grounds for revocation.

Home Daycare

Tulare cannot prohibit, zone out, or impose a business license fee on a small or large family daycare home. Under Cal. Health & Safety Code §§ 1597.45 and 1597.455 (as amended by SB 234, 2019), family daycare homes are a residential use by right in every Tulare residential zone. Operators are licensed by the California Department of Social Services, not by the City of Tulare.

Key details: Statutes: Cal. HSC §§ 1596.70 et seq.; 1597.30 et seq.; 1597.45 (preemption); 1597.455 (no license fee). Small family daycare: Up to 8 children, including operator's own under 10. Large family daycare: 7 to 14 children. Licensing authority: California Dept. of Social Services, Community Care Licensing. Local business license: Prohibited by Cal. HSC § 1597.455.

Operating without a CCLD license is a state-law violation enforced by Community Care Licensing, not by Tulare. Tulare may inspect the dwelling for compliance with the adopted California Building Code and California Fire Code (Title 15, CFC adoption) but may not deny the use, require a conditional-use permit, or charge a business license fee.

If you are coming from a city with tighter rules, you will find Tulare gives residents more flexibility on home daycare.

The Bottom Line

Compared to many U.S. cities, Tulare gives residents more room on home business. 2 of the 5 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Tulare's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.